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

Vol. 149 WASHINGTON, TUESDAY, NOVEMBER 18, 2003 No. 167 House of Representatives The House met at 10 a.m. and was MESSAGE FROM THE SENATE 2673) ‘‘An Act making appropriations called to order by the Speaker pro tem- A message from the Senate by Mr. for Agriculture, Rural Development, pore (Mr. CHOCOLA). Monahan, of one of its clerks, an- Food and Drug Administration, and f nounced that the Senate has passed a Related Agencies for the fiscal year DESIGNATION OF SPEAKER PRO bill of the following title in which the ending September 30, 2004, and for TEMPORE concurrence of the House is requested: other purposes.’’ S. 1743. An act to permit reviews of crimi- The SPEAKER pro tempore laid be- nal records of applicants for private security The message also announced that fore the House the following commu- officer employment. pursuant to Public Law 96–14, as nication from the Speaker: The message also announced that Mr. amended, the Chair, on behalf of the HOUSE OF REPRESENTATIVES, DOMENICI, Mr. SHELBY, Mr. GREGG, Mr. Majority Leader, announces the ap- Washington, DC, November 18, 2003. CAMPBELL, Mrs. HUTCHISON, Mr. pointment of John M. Falk, of Wash- I hereby appoint the Honorable CHRIS E INE NOUYE OLLINGS CHOCOLA to act as Speaker pro tempore on D W , Mr. I , Mr. H , Mr. ington, D.C. to be Chairman of the Con- this day. LEAHY, Ms. MIKULSKI, Mr. REID, and gressional Award Board. J. DENNIS HASTERT, Mrs. MURRAY be added as conferees, on Speaker of the House of Representatives. the part of the Senate, on the bill (H.R.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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.

H11361

.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A18NO7.000 H18PT1 H11362 CONGRESSIONAL RECORD — HOUSE November 18, 2003 MORNING HOUR DEBATES suring health care access is in compli- Our energy solution will also reduce The SPEAKER pro tempore. Pursu- ance with the civil rights law. Title VI America’s dependence on foreign oil, ant to the order of the House of Janu- of the 1964 Civil Rights Act and its sub- create jobs, spur economic growth, and ary 7, 2003, the Chair will now recog- sequent amendments provide crucial protect against economic downturns. nize Members from lists submitted by rights to individuals with limited In both cases, Mr. Speaker, the time is the majority and minority leaders for English proficiency to access federally right, the bill is good, the need is abso- morning hour debates. The Chair will conducted and supported programs and lute, and the benefits are immense. alternate recognition between the par- activities. Limited English proficiency This week is why we were elected, to ties, with each party limited to not to persons should not be inhibited from keep our promise and fulfill America’s. exceed 25 minutes, and each Member, accessing vital health care services f paid by them and their families in except the majority leader, the minor- RACIAL AND ETHNIC HEALTH their tax dollars. ity leader, or the minority whip, lim- DISPARITIES ited to not to exceed 5 minutes, but in Finally, Mr. Speaker, I urge my col- The SPEAKER pro tempore. Pursu- no event shall debate continue beyond leagues to join me in endorsing this important ant to the order of the House of Janu- 10:50 a.m. bill. An action by Congress long overdue, if we ary 7, 2003, the gentlewoman from Cali- The Chair recognizes the gentleman have the will and resources to pursue inter- fornia (Ms. SOLIS) is recognized during from Arizona (Mr. GRIJALVA) for 5 min- national adventures—then we should have the same resolve here at home. morning hour debates for 21⁄2 minutes. utes. Ms. SOLIS. Mr. Speaker, today I rise f f to acknowledge a tremendous achieve- CLEARING THE PLATE ment in the efforts to address racial HEALTH CARE EQUALITY AND and ethnic health disparities in this ACCOUNTABILITY ACT OF 2003 The SPEAKER pro tempore. Pursu- ant to the order of the House of Janu- country. With the dedication of the Mr. GRIJALVA. Mr. Speaker, I rise ary 7, 2003, the gentleman from Texas gentlewoman from the Virgin Islands today in support of legislation to im- (Mr. DELAY) is recognized during morn- (Mrs. CHRISTENSEN), the gentleman prove the health of racial and ethnic ing hour debates. from California (Mr. HONDA), and the minorities in our Nation, the Mr. DELAY. Mr. Speaker, all year gentleman from New Jersey (Mr. Healthcare Equality and Account- the House has taken on major prior- PALLONE), and with the guiding leader- ability Act of 2003. ities with an eye towards policy, not ship of our leadership, the gentle- This act will offer Congress the op- politics. And all year we have delivered woman from California (Ms. PELOSI), as portunity to begin to close the health on our promises to the American peo- well as our Senate leaders, Senator care divide and disparity that exists ple. DASCHLE and Senator KENNEDY, we between Americans, a divide that can- We have funded the liberation of have introduced a comprehensive bill not be ignored nor should it be toler- Iraq, and now we are quickly turning to improve minority health. ated. The irrefutable facts will be pre- the democratization of that nation Currently in our country, minorities sented today for all of us to see. This over to its people. endure a disproportionate burden of ill- disparity is real and this divide exists. We have reduced the income taxes for nesses. Unfortunately, our health care To ignore these facts is tantamount every American who pays them, and system is not meeting the needs of all to perpetuating the dual system of now the economy is growing and jobs of its people. health care in our country, separate are being created. Latinos, African Americans, Asians and unequal, a dual system that too And now, after a long year of tireless and Native Americans statistically often denies to communities of color, work with colleagues on both sides of outweigh nonminority whites in al- Latinos, Native Americans, African the aisle and both sides of Capitol Hill, most every disease, diabetes, cardio- Americans, and Asian Pacific Island- the House is poised to meet the top two vascular disease, asthma, you name it. ers, the health care access and quality domestic challenges currently facing For instance, diabetes is a chronic that most Americans enjoy. This pat- the American people: the need for im- illness estimated to affect 18.2 million tern of exclusion of people from quality proved health care for American sen- people in this year alone. Latinos are health care is morally wrong and is a iors and the need for a comprehensive twice as likely to have diabetes than significant deterrent to the overall policy to reshape the consumption, de- non-Latino whites and American Indi- progress of our Nation. livery, and conservation of energy. ans are more than twice as likely to be Mr. Speaker, this legislation to ad- Now, in both cases we took the time diagnosed with this debilitating dis- dress racial and ethnic health dispari- to get the job done right. For instance, ease. ties in this country would do the fol- the Medicare bill does so much more Mr. Speaker, these diabetes trends lowing: it would set the elimination of than merely provide prescription drugs are not isolated. One in four obese racial and ethnic health disparities as to American seniors, though that Latino children have early signs of a goal. The elimination of racial and alone, frankly, is a monumental type II diabetes; and in California health disparities can and should be a achievement. Instead, it strengthens alone, 66 percent of Latinos are over- goal for all Americans. The health of and improves the underlying program, weight, which is higher than the na- all our communities is enhanced when including competitive reforms that tional average. we work to close the health care di- will preserve Medicare solvency and Compound these health problems vide. prepare it for the retirement of the with the recently released census data It would expand the health care safe- baby boom generation. Rather than showing that the rate of Latinos with ty net. The lack of health insurance tacking on a new entitlement to an old health insurance was 32.4 percent in and access to health services result in one, as some advocated, we took on the 2002. Here on this graph, it shows actu- significant decline of the health status fundamental problems of the 40-year- ally who the nonelderly noninsured within racial and ethnic minorities old Medicare system and made it a are, including the ethnic and racial communities in this country. The stronger and more flexible program for groups in the year 2002. Hispanics rep- availability, quality, and affordability its diverse beneficiary base. In other resent 30 percent; non-Hispanics rep- of health care coverage options and to words, we serve Medicare’s customers, resent 47 percent; Asian Pacific Island- provide meaningful access to health not its bureaucracies. ers, 5 percent; and blacks represent 16 services must be expanded in coopera- Mr. Speaker, we brought the same percent. This is a picture of those peo- tion with health care providers and em- comprehensive approach to the energy ple who are working-poor that are un- ployers in order to successfully address mess the American people have been insured. the divide of racial and ethnic health struggling through for over a decade. The need for prevention is loud and communities and their delivery of Our energy solution will increase pro- clear, and we have to actively stop health services. duction of energy and improve its de- these rising trends in poor health care The other point that is, I think, very livery as befitting an Information Age status. The Healthcare Equality and important for us to consider is that en- economy. Accountability Act that we introduced

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.002 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11363 addresses these problem through inclu- poor health status, especially when our chil- gan (Mr. SMITH) is recognized during sive and federally funded programs like dren are at risk. morning hour debates for 5 minutes. Medicare and the State Children’s The Healthcare Equality and Accountability Mr. SMITH of Michigan. Mr. Speak- Health Insurance Program, better Act addresses these problems through inclu- er, this week we are taking up the en- known in California as Healthy Fami- sive and guaranteed expansions in federally ergy bill, finally. As a member of lies. funded health programs, like Medicaid and the President Nixon’s Oil Policy Commis- Mr. Speaker, the bill will expand State Children’s Health Insurance Program. sion during the Arab oil embargo, I health insurance options through Med- This bill will expand health insurance op- have long felt that not only we should, icaid to cover parents and pregnant tions through Medicaid to cover parents and but we must do more to ensure domes- women, young people up to the age of pregnant women, and young people up to age tic energy supplies. 20, which would help address the issues 20. After more than 2 years of negotia- here outlined in the chart. It also gives It also gives states the option to cover every tion, the House and Senate are poised the States the option to cover every resident living in poverty under Medicaid. And to finally pass an energy bill, much resident living in poverty under Med- it guarantees funding for the Indian Health overdue. The legislation will help make icaid. Service, bringing much-needed health care to transmission networks more reliable to Another triumph in the bill is expan- this overlooked population. prevent the type of blackout that para- sion of access to services by assisting Another major triumph of this bill is the ex- lyzed us last August. It is going to re- health care professionals provide cul- pansion of access to services by assisting duce our dependence on foreign petro- tural and language services. health care professionals provide cultural and leum. It is expected to pass this week Mr. Speaker, I would ask for our col- language services, and increasing federal re- and become law, I predict, by Thanks- leagues on both sides of the aisle to imbursement for these services. giving. adopt this legislation that we have put There are over 47 million people, or 18 per- Over the long term, the United forward through the Tri-Caucus to help cent of the US population, that speak a lan- States must move away from its heavy end the disparities and treatment of guage other than English at home. reliance on petroleum for energy. As those that are still in our country that Over one in three Latinos report difficulty in long as we consume 25 percent of the do not have any adequate health care. understanding a medical situation when it is world’s oil, while only possessing in Mr. Speaker, today I rise to acknowledge a not explained to them in their own language. this country 3 percent of the world’s proven reserves, it will be nearly im- tremendous achievement in the efforts to ad- In places like my district that have such a possible to eliminate our dependence dress racial and ethnic health disparities in high proportion of limited English proficient in- without alternatives. dividuals, language barriers can mean the dif- this country. American production is not going to With the dedication of my good friends Rep- ference between health and illness, and even substantially increase because this bill resentative DONNA CHRISTENSEN, Representa- life and death. will not permit the development of our IKE ONDA RANK Over the summer, the Minority Caucuses in tives M H , Representatives F most promising new source of oil and PALLONE and the guiding leadership of Rep- the House convened a Tri-Caucus Health natural gas in the Arctic National resentatives NANCY PELOSI as well as our Forum in Los Angeles to discuss racial and Wildlife Refuge because of fierce oppo- Senate leaders, especially Senators DASCHLE ethnic health disparities. sition. With opposition also to most and KENNEDY, we have introduced a com- It was expressed over and over again by offshore drilling as well, U.S. produc- prehensive bill to improve minority health. community members, researchers and advo- tion is going to continue to fall. For Currently in our country, minorities endure a cates that our public health infrastructure is lack of a better word, hostility against disproportionate burden of illness. failing our minority communities. expanding our production in this coun- The community I represent is multicultural— Without assuring access to culturally and try has been a major factor in produc- about 60 percent of the residents are Latino linguistically appropriate public health pro- tion falling from 12 million barrels a and 20 percent are Asian American, and 40 grams, without monitoring and collecting data day in 1970 to 8 million barrels a day percent of my constituents were born outside on racial and ethnic minorities, and without now, a substantial reduction. of the United States. strengthening our health professional work- Conservation can help reduce petro- Unfortunately, our health care system is not force and institutions, our minority families will leum consumption to some degree, but meeting the needs of all people. continue to endure health disparities. it cannot eliminate the critical need Latinos, African Americans, Asians, and Na- What we have on our hands is an American for new energy sources. tive Americans statistically outweigh non-mi- public health dilemma that requires a respon- Mr. Speaker, a little bit of the good nority whites in almost every disease—diabe- sible public health approach. news: since 1970 our GDP has risen 147 tes, cardiovascular disease, asthma, you At a time when public health reforms, like percent while our consumption has name it! the revision of Medicare, are sweeping only increased by 42 percent. The en- For instance, diabetes is a chronic illness through Congress, our minority communities ergy bill is going to help us do even that is estimated to affect 18.2 million people are at the mercy of an unpredictable and better with the focus on more efficient in 2003. untrustworthy public health system that ig- appliances, electricity generation, in- However, Latinos are twice as likely to have nores their health needs. creased automotive efficient; but as diabetes than non-Latino whites and American Instead of creating a sound, guaranteed long as the economy continues to grow, Indians are more than twice as likely to be di- prescription drug benefit for our seniors, the conservation is only going to meet part agnosed with this debilitating disease. current Medicare proposal does nothing to re- of the need. It is very unlikely that it But these diabetes trends are not isolated; duce the cost of health care. is going to lead to any reduction in over 1 in 4 obese Latino children have early The only thing the Republican Medicare bill total consumption. signs of type II diabetes. will do is overwhelmingly burden our low-in- As a result, the only real solution I In California, 66 percent of Latinos are over- come seniors and minority communities. think to our dependence on foreign en- weight, which is higher than the national aver- We must enact responsible legislation that ergy lies in shifting consumption pat- age, and the highest percentage of any minor- improves the health of minority communities, terns away from oil towards other en- ity group. that recognizes specific minority health needs, ergy sources, and this is what this en- Compound these health problems with the and works to prevent disease rates from ergy bill helps us do. recently released Census data showing that climbing in our minority communities. Where this bill shines is in its sup- the rate of Latinos without health insurance Let’s use our Minority Health bill as a model port for alternative fuels such as clean was 3.4 percent 2002. of how we can actively eliminate racial and coal, ethanol, biofuels, renewable ener- Plus, over 87 percent of these uninsured ethnic health disparities in our communities gies to make a shift away from petro- are from working families. nationwide. leum possible. That means one in three hard-working, tax- f Mr. Speaker, there are many talented paying individuals in this country lack access people working on solutions attracted to what is supposed to be the ‘‘best’’ health A NEW ENERGY POLICY not just by government tax breaks and care system in the world. The SPEAKER pro tempore. Pursu- subsidies, but also the huge potential The need for prevention is loud and clear— ant to the order of the House of Janu- profit in store for an inventor who pro- we have to actively stop these rising trends in ary 7, 2003, the gentleman from Michi- vides practical solutions to our energy

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.003 H18PT1 H11364 CONGRESSIONAL RECORD — HOUSE November 18, 2003 problems. For example, a week before mestic and foreign agencies including cans, millions of Americans that suffer last, the gentleman from California the FBI, the Defense Intelligence Agen- from lack of access to health care. Our (Mr. ROHRABACHER), the gentleman cy, the CIA, and the National Security Health Care Equality and Account- from Maryland (Mr. BARTLETT) and I Agency. Much of the evidence is de- ability Act of 2003 would expand health and some others met with a Russian tailed, conclusive, and corroborated by care coverage by providing States the physicist who had invented an engine multiple sources. option to increase eligibility and that uses coal dust for fuel. It is more Some of it is new information ob- streamline enrollment in Medicare and than 80 percent efficient, and that tained in interviews with high-level Al the CHIP program. means it has almost zero pollution. Qaeda terrorists and Iraqi officials and This piece of legislation, this land- These engines could allow us to make some reaches back a decade. Not sur- mark legislation, addresses the signifi- better use of our domestic coal re- prisingly, the picture that emerges is cant gap in health care coverage and serves. one of long-standing collaboration be- accessibility provided to Americans. The energy bill conference report is tween two of America’s most grave en- This bill is endorsed by the African over 1000 pages long, and I do not think emies. According to the memo which American Caucus, the Hispanic Caucus, most of us have had a chance to read it lays out the intelligence in 50 num- as well as the Native American Caucus all yet, but I am excited about some of bered points, Iraq-al Qaeda contacts and the Asian Pacific Caucus and a lot the potential it has. However, on the began in 1990 and continued through of Democrats. But it is also not a Dem- down side, it contains at least $20 bil- mid-March 2003, days before the Iraq ocrat or Republican; it should be a lion in tax credits for energy develop- war began. So in effect, Mr. Speaker, united effort in addressing the needs of ment and production. This is about this information has been accumulated our constituencies when it comes to twice as much as was in the House- over three administrations. health care. passed bill. We are going to have to The relationship began shortly before Mr. Speaker, when it comes to health look closely at these tax breaks and the first Gulf War. According to the care we recognize the fact that there is look for special interest ‘‘pork’’ provi- memo, bin Laden sent emissaries to a great gap that exists out there sions that should not be in the bill. Jordan in 1990 to meet with Iraqi gov- I hope to support the bill if it is ernment officials. At some unspecified among our constituency. For example, along the lines of what we passed in point in 1991, according to CIA anal- in the Latino community, 19 percent of the House. We need to reduce our reli- ysis, Iraq sought Saddam’s assistance all Hispanics depend on Medicare for ance on hostile and politically unstable to establish links to al Qaeda. Both their health care. So it becomes impor- Middle East fuel. Achieving energy parties were equally interested in de- tant that Medicare continues to be self-sufficiency is going to improve our veloping that relationship and accord- there for us. And I am concerned that country’s security for decades to come. ing to the CIA reporting memo, bin at this time we continue to look at dis- This national energy policy shows us a Laden wanted to expand his organiza- mantling Medicare as we know it now. way out of dependence. I hope we will tion’s abilities through ties in Iraq. Minorities disproportionately suffer give it due consideration and hopefully The cumulative weight of the intel- from high rates of life-threatening dis- pass a good bill as quickly as possible. ligence is compelling. Even The Wash- eases and are less likely to have health insurance. We recognize that and that f ington Post recommends that its read- ers examine the evidence and decide for is why we need to be responsive, not THE RELATIONSHIP BETWEEN AL themselves. The notion that the prag- just as Democrats but also as Repub- QAEDA AND IRAQ matic Saddam Hussein, who had grown licans, working together to meet the The SPEAKER pro tempore. Pursu- closer and closer to extreme terrorists needs of our constituencies that are ant to the order of the House of Janu- in the 1990s, would avoid any contact out there. ary 7, 2003, the gentleman from Florida with al Qaeda and Osama bin Laden is Mr. Speaker, when it comes time for (Mr. STEARNS) is recognized during not a reasonable conclusion to draw. them to be fighting and defending our morning hour debates for 5 minutes. The alliance is a natural one. With al country in Iraq, we do not look to Mr. STEARNS. Mr. Speaker, with Qaeda now claiming responsibility for whether they are Hispanic or whether each passing day, the President’s crit- the recent attacks on synagogues in they are black. We work together and ics become more emboldened in their Turkey, we are reminded of our duty to we ought to do the same here in mak- attacks on what they decry as a mis- respond. ing an effort to respond to their needs. leading impetus to go to war. Accord- Were the President to have com- As we look at the piece of legislation ing to the information they are able to pletely ignored this information, the that we have drafted, it is a piece of ascertain from 24-hour news channels world would have to face potentially legislation that looks at all the dis- and the New York Times, they con- horrifying consequences. Yet today’s parities. It looks at the number of un- tinue to condemn the President’s claim critics seem eager to claim even after insured and provides appropriate safe- that Saddam Hussein had links to al 9/11 the administration should only guards to protect privacy. This bill Qaeda. have acted against Saddam if it has also helps in those areas. We have all heard their diatribes ac- proven beyond any reasonable doubt The bill begins to look at those who cusing the President of invading Iraq that he, Saddam, was in league with al are uninsured out there. And once with little or no evidence that Saddam Qaeda. again we have a large number of Hussein worked along Osama bin Hopefully, this report provides the Latinos uninsured, as well as African Laden. I recommend the recent article evidence that is needed to make this Americans and other populations that in the Weekly Standard’s current issue link. This information is reaffirming are having a rough time getting access that details the memo written in re- our need to topple Saddam. After so to health care. sponse to the administration’s prewar many years of complacency, weakness, intelligence. It is clear evidence of the and denial, the President made the de- Not to mention, Mr. Speaker, the nexus of terrorism with terrorist-spon- cision to oust Saddam. He took the ac- fact that when it comes to prescription soring states that many antiwar advo- tion, the action that was vital to pro- drug coverage, shame on us. We need to cates deny exists at all. tect our country. begin to look in terms of how do we meet that need. The bill that is before According to this memo, dated Octo- f ber 27, 2003, bin Laden and Saddam us this week on Medicare is a bill that Hussein had an operational relation- HEALTH CARE EQUALITY AND begins to dismantle Medicare, two pro- ship from the early 1990s to 2003 that ACCOUNTABILITY ACT OF 2003 posals, one in the Senate and one in involved training in explosives, weap- The SPEAKER pro tempore. Pursu- the House, that are not worth the ons of mass destruction, logistical sup- ant to the order of the House of Janu- paper that it is written on. port for terrorist attacks, al Qaeda ary 7, 2003, the gentleman from Texas So it becomes important for us to training camps, safe haven in Iraq, and (Mr. RODRIGUEZ) is recognized during really solve the problems that confront Iraq financial support for al Qaeda. morning hour debates for 21⁄2 minutes. us. I urge all Members, both Repub- Mr. Speaker, the findings put forth in Mr. RODRIGUEZ. Mr. Speaker, I rise licans and Democrats, to begin to look the memo come from a variety of do- today on behalf of thousands of Ameri- at addressing this issue.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.004 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11365 MEDICARE CONFERENCE REPORT thorizes a new center in the Office of tional energy policy that promotes The SPEAKER pro tempore. Pursu- Minority Health to assist in cultural conservation, reduces our growing de- ant to the order of the House of Janu- and language services, and increases pendence on foreign oil, and improves ary 7, 2003, the gentleman from Georgia Federal reimbursements for these serv- our economy. It is time we passed this ices. (Mr. GINGREY) is recognized during legislation for the good of this Nation. Another area is data collection. Data morning hour debates for 1 minute. f is a crosscutting issue. Lack of data Mr. GINGREY. Mr. Speaker, I rise impacts our understanding of the ELIMINATION OF DISPARITIES IN today in support of the Medicare con- health problems in our communities as HEALTH CARE FOR MINORITIES ference report. This is a historic step in well as the problems in access and LONG OVERDUE the right direction for our Nation’s quality. Adequate data collection con- The SPEAKER pro tempore. Pursu- senior citizens. We are positioned to tinues to be a challenge for APAs. ant to the order of the House of Janu- pass legislation to help seniors pay for Though often mistaken to be a homog- ary 7, 2003, the gentlewoman from Cali- the rising costs of prescription medica- enous group, the Asian Pacific group fornia (Ms. WATSON) is recognized dur- tions. Low-income seniors will be able encompasses 49 ethnicities speaking ing morning hour debates for 21⁄2 min- to obtain the help they need and every over 100 languages. utes. senior will have the peace of mind of Aggregating such a large and diverse Ms. WATSON. Mr. Speaker, as former knowing that out-of-pocket cata- group makes it difficult to understand chair of the California Senate Health strophic costs will not bankrupt them. the unique problems faced by the indi- Committee for 17 years, let me say how This legislation will provide the larg- vidual ethnicity it encompasses. pleased I am with the comprehensive est comprehensive rural package ever So what do we need to do? We need to legislation that the Health Care Equal- considered and updates and sets hos- be able to provide health insurance ity and Accountability Act of 2003 con- pital payments at appropriate levels coverage; increase workforce diversity; tains. The elimination of racial and for 2005. The conference report also reduce disease complications; provide ethnic disparities is an issue whose blocks a proposed 4.5 percent Medicare cultural and linguistic services; attain time is long overdue, and I commend reimbursement cut to physicians for quality data; strengthen health insti- the CBC Brain Trust, the Tri-Caucus, the years 2004 and 2005, and instead pro- tutions to all minorities, Asian and Pa- the Democratic leadership, the Senate vides a 1.5 percent positive update for cific Islanders, African Americans, His- Health Committee, the gentlewoman these 2 years. panics, Native Americans, Alaskan Na- from the Virgin Islands (Mrs. The Medicare conference report has tives and Native Hawaiians. CHRISTENSEN), Senator TED KENNEDY, received the strong support of our Mr. Speaker, in solidarity with the and everyone else who remained vigi- health care community and the AARP, Democratic leadership and minority lant in completing this project. representing 35 million seniors. caucuses, we call on our colleagues and As Americans, we take pride in our Mr. Speaker, I urge my colleagues to the Chief Executive in the White House diversity, and it is our greatest vote in favor of our senior citizens and to help enact the solution for minority achievement that based upon that di- pass this bill. populations across this great Nation, versity, whether it is economic, polit- the Health Care Equality and Account- f ical, or cultural diversity, we have ability Act. built a Nation that is dedicated to pro- MINORITY HEALTH CARE f viding equal opportunity for all. But, DISPARITIES SUPPORT FOR THE ENERGY Mr. Speaker, much needs to be done be- The SPEAKER pro tempore. Pursu- POLICY ACT OF 2003 fore we can say that we have accom- ant to the order of the House of Janu- The SPEAKER pro tempore. Pursu- plished that goal, most notably in the ary 7, 2003, the gentleman from Cali- ant to the order of the House of Janu- field of health care. fornia (Mr. HONDA) is recognized during ary 7, 2003, the gentleman from Penn- Racial and ethnic minorities too morning hour debates for 21⁄2 minutes. sylvania (Mr. SHUSTER) is recognized often are denied the high quality Mr. HONDA. Mr. Speaker, I rise during morning hour debates for 1 health care that most Americans re- today to discuss the current health dis- minute. ceive. The Federal Government has parities as they relate to minority Mr. SHUSTER. Mr. Speaker, I rise in recognized this serious problem and health care. More importantly, I want support of the Energy Policy Act of has set the goal of eliminating health to talk about the solution, the Health 2003. In recent years, U.S. policy, or disparities by the end of the decade. Care Equality and Accountability Act. lack of it, has encouraged consumption House and Senate Democrats have in- My district, alone, of Santa Clara and discouraged production. In re- troduced legislation, the Health Care County, California, is extremely di- sponse, Congress and the President Equality and Accountability Act of verse. Mr. Speaker, 30 percent of my have developed a national energy pol- 2003, that takes an important step to- community are Asian Americans and icy to promote dependable, affordable wards making this national goal a re- Pacific Islanders, 17 percent are and environmentally sound production ality. Latinos, and 34 percent are foreign and distribution of energy for the fu- We may have the finest health care born, 43 percent speak a language other ture. system in the world, but too many of than English. Most importantly, this bill will pre- our people receive too little health Despite the increasing diversity of vent the loss of jobs due to high energy care and are denied the right to lead our Nation, our health care system is prices and help create new ones. I am full lives. not meeting the needs of our commu- pleased with the provisions in this bill The reality is that the health care nity, and our racial and ethnic minori- that affect rural America. Rural Amer- needs of minority Americans are often ties are too often denied the high-qual- ica has assisted the United States in greater than those of white Americans. ity health care that most Americans its times of crisis and also in times of Minority populations disproportion- receive. innovation. Our rural electric co-ops ately suffer from many diseases. Mi- According to the 2000 census data, have been a huge part of that innova- nority groups have higher rates of the number of individuals who speak a tion. acute conditions such as tuberculosis, language other than English at home I am pleased that this bill protects HIV/AIDS, chronic diseases, diabetes, has reached almost 45 million, and 19.5 our rural cooperatives from unneces- heart disease and stroke, and many million speak English less than very sary Federal costs and obligations and forms of cancer. In addition, minority well, an increase of 40 percent from recognizes the unique role they play in women are at greater risk than white 1990. our Nation’s electric system. women for pregnancy-related complica- There are two important things Mr. Speaker, I am also pleased that tions, and their babies are at higher about our communities: number one, there are significant provisions to pro- risk of dying during their first year of this bill and the solution codifies exist- mote the use of coal. life. ing standards for culturally and lin- Both Houses of Congress have worked Despite a substantial need for health guistically appropriate health care, au- tirelessly toward a comprehensive na- care, minority groups often encounter

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.007 H18PT1 H11366 CONGRESSIONAL RECORD — HOUSE November 18, 2003 obstacles in obtaining health care. Mi- ethnic groups account only for about 25 per- ingful patient protections. That is why I urge nority groups are less likely to have cent of the total United States population, they my colleagues to support this legislation. Our health insurance and are less likely to account for more than 50 percent of all AIDS citizens deserve and expect nothing less. receive appropriate health care serv- cases. Ms. LEE. Mr. Speaker, I am proud to stand ices. Children from minority communities are dis- here with the membership of the Congres- Mr. Speaker, I ask all of my col- proportionately represented among those with sional Black Caucus, the Hispanic Caucus, the leagues to support our Health Care incomplete immunizations. In addition, infant Asian-Pacific American Caucus, and the cau- Equality and Accountability Act of death rates among minority populations are cus for all Americans, the Democratic Caucus, 2003 so we can improve the health of all above the national average, with the greatest in support of inclusive, quality, affordable Americans. disparity existing among African Americans. health care for all Americans. I want to thank Ms. EDDIE BERNICE JOHNSON of Texas. Minority populations are at the greatest risk for the gentlelady from California for her con- Mr. Speaker, I rise today to address the need SIDS. sistent leadership on these many issues im- for racial equity in health care in our great Na- The rates for the uninsured minority are portant to those with no voice. tion. quite frightening. Blacks and Latinos are far Democrats are committed to the elimination As a former nurse, I have spent much of my more likely to be uninsured when compared to of racial and ethnic disparities in health care public career working to ensure that the na- their Anglo or white counterparts. access, health care quality, health outcomes tion’s health care system is affordable and Nationally, 11.6 percent of the Anglo popu- and the diversity of the health care workforce provides the best services possible to all lation, 20.1 percent of the African American because all Americans deserve equal treat- Americans. population and 34.8 percent of the Hispanic ment and care. Disparities in the burden of death and ill- population are without health insurance. In A proper investment in health care will im- ness experienced by African-Americans, as Texas, while 12 percent of whites are unin- prove both the health and economic well-being compared with the U.S. population as a whole, sured, 21.2 percent of African Americans and of all our country and that’s why we came to- have existed since the government began 36.7 percent of Hispanics do not have medical gether and drafted the Healthcare Equality tracking such statistics. These disparities per- coverage. and Accountability Act of 2003, which our cau- sist, and in some areas continue to grow. That is why I am an original cosponsor of cuses introduced on November 6, 2003. Cardiovascular disease is the leading cause The Healthcare Equality and Accountability Our goal is the complete elimination of ra- of death for all racial and ethnic groups, with Act of 2003. The Healthcare Equality and Ac- cial and ethnic health disparities and I believe a disproportionate burden of death and dis- countability Act of 2003 would reduce health this bill provides a major first step toward that ability from cardiovascular disease in minority disparities and improve the quality of care for goal. and low-income populations. racial and ethnic minorities by: The goal of equity in health care must be The prevalence of diabetes in African Amer- First, expanding health coverage. To reduce met, particularly in a country that boasts about icans is approximately 70 percent higher than the number of minorities without health insur- upholding and spreading democracy and whites. Racial and ethnic minorities have high- ance, the bill would give states the option to human rights. er rates of hypertension, tend to develop hy- expand eligibility and streamline enrollment in It is criminal that in the United States the pertension at an earlier age, and are less like- Medicaid and the State Children’s Health In- color of your skin and the languages that you ly to undergo treatment to control their blood surance Program. speak can make you more likely to die of HIV/ pressure. This bill also removes language and cultural AIDS, heart disease or diabetes, as a result of Many minority groups suffer disproportion- barriers to good health care that plague many our negligent and culturally insensitive health ately from cancer and disparities exist in both of our minority communities. care system. mortality and incidence rates. Because language and cultural differences We came together because we saw a need For men and women combined, African- create barriers to health care, the bill would to offer solutions for the inclusion and the Americans have a cancer death rate about 35 help patients from diverse backgrounds, in- prioritizing of minorities in the health care sys- percent higher than that for whites. African- cluding those with limited English proficiency, tem which today remains sorely inadequate. American women develop breast cancer less with provisions such as codifying existing In this bill, we have diagnosed the major often than do white women, but have a higher standards for culturally and linguistically ap- health care shortfalls and provided sound and mortality rate (27 per 100,000), due most likely propriate health care, assisting health care culturally-conscious solutions. to later diagnosis and late entry into treatment. professionals provide cultural and language 1. We ask for an expansion of the health African-American and Hispanic women have services, and increasing federal reimburse- care safety net, which will increase the avail- higher cervical cancer death rates. ment for these services. ability, quality, and affordability of health cov- The incidence rate for lung cancer in Afri- Instruments in this bill have been put in erage options that provide meaningful access can-American men is about 50 percent higher place to encourage workforce diversity. In- to health services. than in white men and the death rate is about creasing the number of minority health care 2. We ask for much needed diversification 27 percent higher. providers will improve access to care because of the health care workforce, which will reflect The prostate cancer mortality rate for Afri- these providers are more likely to serve low- the communities that have been neglected can-American men is more than twice that of income, uninsured, and minority patients. while incorporating a personal understanding white men. Date collection would be improved to better of the backgrounds, experiences, languages, African-American women are less likely to identify sources of health disparities, imple- and perspectives of the minority people. receive care, and when they do receive it, are ment effective solutions, and monitor improve- 3. We ask that health care be declared not more likely to have received it late. For exam- ment. only a human right, but a basic civil right, and ple, one out of four African-American mothers Under this bill, the Office of Civil Rights and that every part of the 1964 Civil Rights Act is did not receive prenatal care during the first the Office of Minority Health and the Depart- honored. trimester during 1999. Other risk factors, such ment of Health at Human Services (DHHS) 4. We ask for aggressive collection and dis- as obesity, contributes to heart disease, diabe- would be expanded to promoting account- semination of data on minorities to become a tes, and stroke. Approximately 69 percent of ability and reduce health disparities. priority for the health care community. African-American women between the ages of And finally, this bill strengthens health insti- The collection of this data keeps us on the 20 and 74 were overweight during the period tutions that serve minority populations. By es- pulse of our communities. We cannot help the 1988 through 1994. tablishing loan and grant programs, health in- minority community if we are blinded by Prop. The prevalence of obesity in minority popu- stitutions that provide substantial care to mi- 54’s and other antiquated rules and regula- lations can be as much as three times higher nority populations will receive necessary fund- tions that negate the advances health care than that of whites, and is higher among ing to carry our their mandates. professionals have attempted. women than men. African Americans and His- Protecting the health care of citizens, no 5. We ask for a complete assault on HIV/ panics have a particularly high prevalence rate matter their ethnicity or race, should be the AIDS and other diseases that are dispropor- of obesity as do Pacific Islanders, Native number one priority of any great nation. An in- tionately killing the minority community. Americans, Alaska Natives, and Native Hawai- vestment in our health care system is one of Undiagnosed and uncared for, over 43 mil- ians. the wisest investments we can make for the lion Americans are uninsured—half of whom More than 75 percent of AIDS cases re- future of this country. are minorities. ported among women and children occur in Now is the time for all Americans to have Further, those who have access to care are minority women and children. While racial and equal access to quality health care and mean- still dying of diseases that go undetected and

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 7634 Sfmt 9920 E:\CR\FM\K18NO7.008 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11367 undiagnosed because the quality of their care This Friday, the Golden Harvest Mr. Speaker, America’s seniors and is sub par. Food Bank in Augusta, Georgia, will disabled citizens have looked to Con- We cannot stand by while the pharma- celebrate the successful conclusion of gress for help. Instead, Republicans ceutical and private insurance industries profit its $2 million ‘‘Feed the People’’ cap- have perpetrated, as I said, this cruel off of our communities. ital campaign. Through business and hoax on seniors, proposing an Alice in We cannot stand by while rates of prostate community generosity, Golden Harvest Wonderland bill in which logic is and breast cancer, diabetes, and high blood Food Bank will be able to reach nearly turned on its head and everything pressure disproportionately take the lives of 71,000 families every year in its 25- means the opposite. people of color around this country. county service area in both Georgia A real, guaranteed, defined prescrip- We cannot stand by while this Republican and South Carolina. tion drug benefit under Medicare could led Congress privatizes Medicare and cush- In this Nation of abundance, some have been the product of bipartisan de- ions the pockets of their industry donors with still go without the basics that others bate and discussion. Instead, this Re- the prescription drug bill, H.R. 1. of us take for granted. I am thankful publican hoax is a partisan scheme And finally, we cannot allow the Congress to that we have individuals who give rammed through the Congress and ne- pass any more health related legislation that time, service, and donations to see that gotiated in back rooms. doesn’t have at heart the interests of the Afri- these basic needs are met. Republicans locked House Democrats can American, Latino, Native American, or our Mr. Speaker, in this time of giving out of negotiations, or better yet their Asian and Pacific Islander communities. thanks, let us remember those who ‘‘deal-making,’’ and in so doing they We will win the battle against ethnic and ra- worked tirelessly throughout the year locked out the 130 million Americans cial health disparities, because we are united. to help the less fortunate. we represent. Seniors, veterans, dis- I thank the leadership of all the caucuses f abled Americans, rural Americans, Af- who worked so diligently on this bill and I rican Americans, Hispanic Americans, CONSIDERING THE WORDS OF America’s seniors deserve better. thank the Congressional Hispanic Caucus for EDMUND BURKE designating this hour to talk about this pro- A real guaranteed prescription drug The SPEAKER pro tempore. Pursu- benefit under Medicare would put sen- gressive and comprehensive bill. ant to the order of the House of Janu- iors and the disabled first. Instead, this f ary 7, 2003, the gentleman from Ten- Republican hoax subverts the public in- SUPPORT A BIPARTISAN MEDI- nessee (Mr. DUNCAN) is recognized dur- terest for the special interests, putting CARE PRESCRIPTION DRUG PLAN ing morning hour debates for 1 minute. seniors at the mercy of the HMOs, cre- Mr. DUNCAN. Mr. Speaker, the cur- The SPEAKER pro tempore. Pursu- ating a giant slush fund for HMOs, and rent issue of the American Conserv- ant to the order of the House of Janu- creating windfall profits for the big ative Magazine has an article by Owen ary 7, 2003, the gentlewoman from West pharmaceutical companies. Harries that says, quote: ‘‘In the 1770s, Mr. Speaker, America’s seniors de- Virginia (Mrs. CAPITO) is recognized when Britain had recently added North during morning hour debates for 1 serve better. A real guaranteed defined America and India to its Empire, when prescription drug benefit under Medi- minute. its economy was the strongest in the care would reduce costs to seniors and Mrs. CAPITO. Mr. Speaker, I rise world, when it ruled the seas, it occu- taxpayers. Instead, this Republican today to encourage my colleagues on pied a position not too different from hoax increases drug costs, actually pro- both sides of the aisle to come together the one occupied by the United States hibiting the government from negoti- in support of the bipartisan Medicare today.’’ ating lower costs. Imagine that, this prescription drug plan. The AARP, the Then the great statesman, Edmund bill prohibits the government from ne- American Association of Retired Per- Burke, godfather of conservatism, gotiating for lower costs. sons, the largest senior organization in issued this warning: ‘‘Among pre- Republicans have instituted means the Nation, has endorsed the plan cautions against ambition, it may not testing for the first time, forcing mil- which will bring relief to 40 million be amiss to take precautions against lions of seniors to pay more for bene- seniors. our own. I must fairly say, I dread our fits they already have. Make no mis- Immediately, right away, seniors will own power and our own ambition. I take, under this scheme, millions of be able to save up to 25 percent dread our being too much dreaded. We Medicare beneficiaries will pay more, through a prescription discount card. must say that we shall not abuse this not less. This is a savings never seen before by astonishing and hitherto unheard of America’s seniors deserve better. America’s seniors. power.’’ Edmund Burke continued, Mr. Speaker, a real guaranteed ben- The plan goes a long way in assisting ‘‘But every other nation will think we efit under Medicare would include all seniors with low incomes and those shall abuse it. It is impossible but that seniors and disabled Americans. In- who pay a large amount of money for sooner or later this state of things stead, this Republican hoax leaves their prescription drugs. must produce a combination against us most seniors and disabled worse off Mr. Speaker, this bill has the support which may end in our ruin.’’ than before. According to the Congres- of Members of both parties. It has the Mr. Speaker, we should consider sional Budget Office, millions of retir- support of the leading advocate for sen- these words of Edmund Burke today. ees who get their benefits from their iors in the Nation, and will have my f employers will lose their coverage. Let support when it passes this body. I urge me repeat that. According to the Con- my colleagues to join me so that we REPUBLICANS’ MEDICARE gressional Budget Office, millions of can give our seniors the modern Medi- PRESCRIPTION DRUG ‘‘HOAX’’ retirees who get their benefits from care benefit they deserve. The SPEAKER pro tempore. Pursu- their employers will lose their benefits. f ant to the order of the House of Janu- Nearly half of all Medicare bene- ary 7, 2003, the gentlewoman from Cali- ficiaries, almost 20 million seniors and GOLDEN HARVEST FOOD BANK OF fornia (Ms. PELOSI) is recognized dur- disabled Americans, will fall into the AUGUSTA, GEORGIA ing morning hour debates. coverage gap, meaning they will pay The SPEAKER pro tempore. Pursu- Ms. PELOSI. Mr. Speaker, this premiums every month but receive no ant to the order of the House of Janu- should be a historic week in the life of benefits in the final months of every ary 7, 2003, the gentleman from Georgia our Nation. Instead, it is a tragic week. year, a monthly premium without (Mr. BURNS) is recognized during morn- We should be celebrating Congress’ monthly benefits. ing hour debates for 1 minute. keeping its promise to seniors and dis- America’s seniors deserve better. Mr. BURNS. Mr. Speaker, we are abled Americans to provide a real guar- Finally, a real guaranteed prescrip- quickly approaching a season known anteed defined prescription drug ben- tion drug benefit under Medicare would for giving thanks and goodwill. Next efit under Medicare. Instead, we are be just that under Medicare, which sen- week is Thanksgiving. Far too often, witnessing another Republican empty iors have known and trusted for 40 we fail to recognize those who work promise. Nothing short of a historic years. Instead, this Republican hoax year-round to improve the lives of the hoax on 40 million seniors and disabled tries to dismantle and unravel Medi- less fortunate. Americans. care with a voucher program that

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.008 H18PT1 H11368 CONGRESSIONAL RECORD — HOUSE November 18, 2003 pushes seniors into HMOs. This is no and deserve. I hope it is not too late for I have consistently said that I would longer a debate just about including a that. Democrats have been knocking support the creation of a national pre- prescription drug benefit in Medicare. on the door constantly saying, Let us scription drug benefit in Medicare only Republicans are trying to dismantle in. Let the Democrats in. Let us work if it is fiscally responsible and includes the Medicare program that seniors together in a bipartisan way to build a free market reform measures, which have known and trusted, again, for 40 real defined guaranteed benefit under this legislation fails to do on both years. Mr. Speaker, this is completely Medicare for our seniors that has bi- counts. unacceptable. partisan support and that will be sus- Only by significantly reforming Republicans have been clear. They tainable over time. Instead, the Repub- Medicare along the lines that President want to kill Medicare and privatize it. licans did not allow House Democrats Bush initially requested, can we act in During the debate on the Republican in the room. a way that is responsible and meet the bill this summer, the Republican chair- Why is that important? That is im- urgent and real needs of seniors for man of the Committee on Ways and portant because we represent over 130 prescription coverage. Means, the gentleman from California million Americans. That is important Of course there are seniors near the (Mr. THOMAS), said, and I quote: ‘‘To because within our caucus we have the poverty level who need immediate help those who say that it would end Medi- benefit of the thinking of a large Afri- with the cost of prescription drugs. care as we know it, our answer is we can American Black Caucus, our His- Nearly 24 percent of seniors have no ac- certainly hope so.’’ And as my col- panic Caucus, our Asian Pacific Amer- cess to prescription coverage, and leagues know, the leadership of this ican Caucus, a large number of women about 5 percent have out-of-pocket body, the Republican leadership, has in our caucus. We work hard on the costs of more than $4,000 per year. For been on record as saying Republicans issues here in the Congress. The think- those seniors, our national government want to see Medicare ‘‘wither on the ing of this diverse group of people is should respond with a drug discount vine,’’ to use their words. very dynamic and quite different from card or some form of direct subsidy, Mr. Speaker, Democrats have been the back-room deal makers that the and I have supported these efforts. equally clear. We want to save Medi- Republicans wrote this bill with. Sadly, the prescription drug plan cur- care and protect it. America’s seniors By excluding Democrats from the rently being advanced in the Congress see through the Republican rhetoric. room, the Republicans excluded the lacks such specificity and focus and ac- This is not the beginning of a real pre- strength of America, the benefit of the tually would create a universal drug scription drug benefit under Medicare. thinking of a very distinguished group benefit that provides a government en- This is the beginning of the end of of representatives of the American peo- titlement for every American over the Medicare as we know it. ple. No wonder we ended up with a age of 65, a population of some 37 mil- America’s seniors deserve better. product that, do not take my word for lion today that will grow to some 70 Mr. Speaker, our seniors are smart. it, read the Wall Street Journal today million in the year 2030. They see through this Republican hoax and see who wins in this bill. It is the for what it is and for what it is not. It While the need for some type of ben- pharmaceutical companies; it is the efit is real, the need for a universal does not put seniors and disabled HMOs. The consumer comes in last. Americans first. It does not reduce drug benefit is not. At present, 76 per- This bill is not a defined real guaran- cent of seniors have prescription drug costs. It does not include all seniors teed benefit under Medicare. It does and disabled Americans. And it is not coverage, and the average senior not meet that standard. It will not spends less than $999 per year in out-of- under Medicare. have my support, and I hope it does not In short, this Republican hoax is not pocket expenses. And as always hap- have the support of a majority of the pens when Congress creates a massive the real guaranteed defined prescrip- Members of this body. tion drug benefit under Medicare that new bureaucracy, there will likely be f our seniors want, that they need, and unintended consequences as well. Mr. that they deserve. GENERAL LEAVE Speaker, chief among them could be Mr. Speaker, our seniors deserve bet- Ms. WATSON. Mr. Speaker, I ask that millions of Americans with pre- ter. They are the Greatest Generation. unanimous consent that all Members scription drug coverage from a former They have fought our wars. They came may have 5 legislative days within employer could lose it. The Congres- home and raised our families. They which to revise and extend their re- sional Budget Office has estimated that built a new America. The prosperity marks on the subject of my morning this could happen in the tens of thou- and quality of life that we enjoy today hour speech. sands. is owed to their lives of hard work and The SPEAKER pro tempore. Is there But the most ominous consequence of sacrifice. But today, seniors and dis- objection to the request of the gentle- a universal drug entitlement could be abled Americans are asking why, why woman from California? that it will usher in the beginning of is this, the wealthiest Nation in human There was no objection. socialized medicine in America. This type of system which is built on unre- history, not keeping its faith with its f seniors, the citizens who built this alistic fiscal projections and incorrect country? UNIVERSAL MEDICARE DRUG assumptions about human behavior Mr. Speaker, the answer is simple: PLAN IS A PRESCRIPTION FOR would invariably lead to escalating priorities. Republicans have different DISASTER costs for which price controls and out- priorities, a few Republicans behind The SPEAKER pro tempore. Pursu- right government control would be closed doors making deals that would ant to the order of the House of Janu- seen as a last resort. In an America rather give massive tax breaks to the ary 7, 2003, the gentleman from Indiana where abortion is legal and euthanasia wealthiest 1 percent of Americans than (Mr. PENCE) is recognized during morn- is increasingly accepted, the American give a real prescription drug benefit to ing hour debates for 5 minutes. people would do well to ponder the im- seniors who desperately need it. If I Mr. PENCE. Mr. Speaker, despite the plications of government-run health can paraphrase Winston Churchill: very best efforts of our House Repub- care in America. never in history have so few worked so lican leadership, I rise to oppose the Let us reform Medicare so it will be hard to take away so much from so prescription drug bill that will be con- there for the future without placing an many. That is the Republican back- sidered before the Congress this week. undue burden on our children and door deal-making. It would, in fact, represent the larg- grandchildren. But beyond that, let us Mr. Speaker, I urge my colleagues to est expansion of Medicare in 35 years. do no harm to the greatest and most vote against the Republican hoax, and Nancy-Ann DeParle, President Clin- diverse health care system in the his- I urge them to demand that Congress ton’s Medicare administrator, actually tory of the world. By agreeing to a pre- keep working to keep its promise to called this legislation the biggest ex- scription drug benefit for all seniors, seniors by providing a real guaranteed pansion of government health benefits rather than just those in need, Con- defined prescription drug benefit under since the Great Society. And so it will gress threatens our Nation’s fiscal sta- Medicare that our seniors want, need, be. bility, the private prescription plans of

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.010 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11369 millions of seniors, and the very sur- physician-assisted suicide, our values and our demand a vote on agreeing to the vival of our free market health care freedoms would argue against turning the Speaker’s approval of the Journal. system. health of the American people over to the fed- The SPEAKER pro tempore. The Mr. Speaker, Despite the very best efforts of eral government. question is on the Speaker’s approval House Republican leadership, I rise to oppose Compassionate conservatism is about fo- of the Journal. the prescription drug bill that will be consid- cusing solutions at the point of the need. Let’s The question was taken; and the ered before Congress this week. It would in help our seniors near the poverty level with ur- Speaker pro tempore announced that fact represent the largest expansion of Medi- gent and sufficient prescription coverage. Let’s the ayes appeared to have it. care in 35 years. reform Medicare so it will be there for the fu- Ms. JACKSON-LEE of Texas. Madam As Nancy-Ann DeParle, President Clinton’s ture without placing an undue burden on our Speaker, I object to the vote on the Medicare administrator, said, this would be children and grandchildren. And let’s otherwise ground that a quorum is not present ‘‘the biggest expansion of government health ‘‘do no harm’’ to the private sector foundation and make the point of order that a benefits since the Great Society.’’ With an an- of the greatest healthcare system in the his- quorum is not present. nual federal deficit of more than $400 billion, tory of the world. The SPEAKER pro tempore. Pursu- I will support the creation of a national pre- For all these reasons, I oppose a universal ant to clause 8, rule XX, further pro- scription drug plan only if it’s fiscally respon- drug benefit in Medicare. By agreeing to a ceedings on this question will be post- sible and includes free market Medicare re- prescription benefit for all seniors rather than poned. The point of no quorum is considered form measures. those in need, Congress threatens our na- withdrawn. Only by significantly reforming Medicare tion’s fiscal stability, the private prescription along the lines the President originally in- plans millions of seniors and the survival of f tended can we afford to meet future obliga- our free market healthcare system. PLEDGE OF ALLEGIANCE tions, including a prescription drug benefit. f The SPEAKER pro tempore. Will the Of course, there are seniors near the pov- gentlewoman from California (Ms. LO- erty level who need immediate help with the RECESS RETTA SANCHEZ) come forward and lead cost of prescription drugs. As I have witnessed The SPEAKER pro tempore. Pursu- the House in the Pledge of Allegiance. in more than 100 town hall meetings across ant to clause 12(a), rule I, the House Ms. LORETTA SANCHEZ led the Pledge eastern Indiana, the necessity of some pre- stands in recess until 11 a.m. today. of Allegiance as follows: scription assistance for seniors near the pov- Accordingly (at 10 o’clock and 50 I pledge allegiance to the Flag of the erty level is beyond dispute. minutes a.m.) the House stood in recess United States of America, and to the Repub- Statistics show that nearly 24 percent of until 11 a.m. lic for which it stands, one nation under God, seniors have no prescription drug coverage f indivisible, with liberty and justice for all. and approximately 5 percent of seniors have f out-of-pocket prescription costs of more than b 1100 PRIVATE CALENDAR $4,000 per year. For these seniors, our na- AFTER RECESS tional government should respond with a drug The SPEAKER pro tempore. This is discount card or some form of means-tested The recess having expired, the House Private Calendar day. The Clerk will direct subsidy. I have and will continue to sup- was called to order by the Speaker pro call the bill on the Private Calendar. tempore (Mrs. BIGGERT) at 11 a.m. port efforts at the national level to focus pre- f scription assistance on seniors struggling near f RAILROAD RIGHT-OF-WAY CON- the poverty level. PRAYER VEYANCE VALIDATION ACT OF Sadly, the prescription drug plan currently 2003 being advanced in the House and Senate The Chaplain, the Reverend Daniel P. lacks such focus and actually would create a Coughlin, offered the following prayer: The Clerk called the bill (H.R. 1658) universal drug benefit that provides a govern- Lord God of heaven and Earth, the to amend the Railroad Right-of-Way ment entitlement for every American over the sacred scriptures tell us that You do Conveyance Validation Act to validate age of 65, a population of some 37 million not have favorites, but that anyone of additional conveyances of certain lands today that will grow to 70 million by the year any nationality who fears You and in the State of California that form 2030. chooses what is right is acceptable to part of the right-of-way granted by the While the need for some type of benefit is You. United States to facilitate the con- real, the need for a universal benefit is not. At Yet there is a patriotic sense sur- struction of the transcontinental rail- present, 76 percent of seniors have some rounding this place today where we way, and for other purposes. form of prescription drug coverage, and the pray. Here patriotism has formulated There being no objection, the Clerk average senior spends less than $999 per affection and faithfulness in these read the bill as follows: year in out-of-pocket expenses on medica- United States. Here the American peo- H.R. 1658 tions. ple claim an astounding history and Be it enacted by the Senate and House of Rep- Not only is the need for a universal public build upon a constitutional foundation. resentatives of the United States of America in subsidy questionable, adding a universal drug The Capitol forms bonds of devotion Congress assembled, benefit to Medicare may have certain unin- and loyalty among Your people and SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Railroad tended consequences. Namely, seniors with proudly represents this land of the free and home of the brave. Right-of-Way Conveyance Validation Act of private coverage from a former employer may 2003’’. Be with the Members of the House of actually lost their coverage. The Congres- SEC. 2. VALIDATION OF ADDITIONAL RAILROAD sional Budget Office recently estimated that Representatives today as they pass CONVEYANCES, SAN JOAQUIN COUN- thousands of seniors could lose coverage they laws and determine public policy for TY, CALIFORNIA. currently enjoy from a former employer if Con- this Nation. Guide them now as You Section 4 of the Railroad Right-of-Way gress creates this new entitlement. have in the past because it is in You, O Conveyance Validation Act (Private Law God, we place our trust, now and for- 103–2; 108 Stat. 5061) is amended by adding at The final, and most ominous, consequence the end the following new paragraphs: of a universal drug benefit could be that it will ever. Amen. ‘‘(9) The conveyance entered into between usher in the beginning of socialized medicine f the Central Pacific Railway Company and in America. This type of system, which is built the Southern Pacific Transportation Com- on unrealistic fiscal projections and incorrect THE JOURNAL pany and the Bank of America, as trustee of assumptions about human behavior, will in- The SPEAKER pro tempore. The the last will and testament of Aaron Her- variably lead to the kinds of escalating costs Chair has examined the Journal of the schel, recorded September 27, 1945, in volume for which price controls and outright govern- last day’s proceedings and announces 942 at page 104 of the official records of the to the House her approval thereof. county of San Joaquin. ment management will be seen as the last re- ‘‘(10) The conveyance entered into between sort. The consequences of such a government Pursuant to clause 1, rule I, the Jour- the Central Pacific Railway Company and expansion are moral as well. In a society that nal stands approved. the Southern Pacific Transportation Com- sanctions the abortion of unborn human life Ms. JACKSON-LEE of Texas. Madam pany and the Tri-Valley Packing Associa- and is increasingly open to euthanasia and Speaker, pursuant to clause 1, rule I, I tion, recorded November 13, 1957, in volume

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.012 H18PT1 H11370 CONGRESSIONAL RECORD — HOUSE November 18, 2003 2016 at page 149 of the official records of the WELCOMING TRADE MINISTERS TO tleman from Florida (Mr. HASTINGS), county of San Joaquin.’’. MEETING OF FREE TRADE AREA pending which I yield myself such time The bill was ordered to be engrossed OF THE AMERICAS as I may consume. During consider- and read a third time, was read the (Mr. SHAW asked and was given per- ation of this resolution, all time yield- third time, and passed, and a motion to mission to address the House for 1 ed is for the purpose of debate only. (Mr. REYNOLDS asked and was reconsider was laid on the table. minute and to revise and extend his re- given permission to revise and extend The SPEAKER pro tempore. This marks.) his remarks.) concludes the call of the Private Cal- Mr. SHAW. Madam Speaker, as chair- Mr. REYNOLDS. Madam Speaker, endar. man of the Florida congressional dele- House Resolution 444 is a standard rule gation, I welcome trade ministers from f that provides for consideration of the 34 democratic countries to Miami, conference report to accompany H.R. Florida, for the latest ministerial HONORING GUS CASTELLANOS, 2754, the Energy and Water Develop- meeting of the Free Trade Area of the ment Appropriations Act for the fiscal HOST OF ‘‘THIS WEEK IN GAR- Americas currently under way. Sched- DEN GROVE’’ year ending September 30, 2004. The uled for completion in 2005, the FTAA rule waives all points of order against (Ms. LORETTA SANCHEZ of Cali- would represent the largest free trade the conference report and against its fornia asked and was given permission area in the world, encompassing these consideration. The rule also provides to address the House for 1 minute.) 34 nations with a combined population that the conference report will be con- Ms. LORETTA SANCHEZ of Cali- of 800 million people. The FTAA will be sidered as read. fornia. Madam Speaker, I rise today to a linchpin to economic growth, spur- Madam Speaker, the underlying con- honor Gus Castellanos, creator, execu- ring trade and investment to the ben- ference report is the result of hard tive producer, and host of ‘‘This Week efit of United States businesses, labor work and compromise by the energy in Garden Grove,’’ a TV news show that and consumers alike. and water appropriations conference is in my district of Garden Grove, Cali- In addition, I urge the selection of committee. The conference report sug- fornia. Miami as the permanent home of the gests a strong civil works program In 1985, Gus began working at Chan- FTAA secretariat. The Florida delega- with the Army Corps of Engineers. By nel 3, a local TV station, when city of- tion remains committed to ensuring an concentrating $4.5 billion on the tradi- ficials decided to start a local cable FTAA secretariat in Miami because of tional tasks such as flood control, show. When no one volunteered for the the city’s rich cultural and business shoreline protection, and navigation, project, Gus happily stepped up to the ties to Latin America. In fact, this which yield the most economic benefit task. Learning the ins and outs of run- House in April of 2000 voted unani- for the Nation, the bill ensures the ning a cable news show, Gus quickly mously in support of Miami’s designa- highest possible return on taxpayer in- crafted a program that would highlight tion. With three international airports vestment. the achievements of the people and and three seaports, Miami is truly the Within the agreement, the Depart- city of Garden Grove. In the 10 years gateway to the Americas. In fact, En- ment of Energy is provided with $22 bil- the show has been running, Gus has en- terprise Florida has estimated the cre- lion. Included in that funding is nearly deared himself to thousands in our ation of 90,000 new jobs and an increase $350 million for renewable energy pro- community as nearly half the city of $13.6 billion annually to Florida’s grams and $393 million for nuclear en- tunes in each week to his show. gross State product. ergy programs. Specific programs fund- I want to congratulate everyone in- Again, I welcome the international commu- ed within the Department are the nu- volved on the 10th anniversary of ‘‘This nity to south Florida, and remain mindful that clear energy research initiative of $11.6 Week in Garden Grove.’’ But I espe- trade alone is only part of the FTAA equation. million, $6.5 million for the nuclear hy- cially want to thank Gus, who has al- The principles underlying a commitment to drogen initiative, and $68 million for ways been a friend and who has shown free trade are the same principles that foster the advanced fuel cycle initiative. Ade- that one person can take the initiative free societies. quate and needed funding is provided to create something that makes an in- International trade is more than just the ex- for science programs within the De- credibly positive contribution to a change of goods and services. It is the eco- partment, including high-energy phys- community. nomic fabric that ties together like-minded ics, nuclear physics, biological and en- Democratic governments and societies. vironmental research, fusion energy re- f f search, and advanced scientific com- puting research. WAIVING POINTS OF ORDER HOUSE TO CONSIDER ENERGY The nuclear waste program continues AGAINST CONFERENCE REPORT BILL to be one of our highest environmental ON H.R. 2754, ENERGY AND priorities and one that is of particular (Mr. DEFAZIO asked and was given WATER DEVELOPMENT APPRO- importance to my region. I am also permission to address the House for 1 PRIATIONS ACT, 2004 pleased that the conference report pro- minute.) Mr. REYNOLDS. Madam Speaker, by vides a total of $580 million for nuclear Mr. DEFAZIO. Madam Speaker, here direction of the Committee on Rules, I waste disposal. Additionally, $7.6 bil- it is, the long-awaited, secretly nego- call up House Resolution 444 and ask lion is provided for environmental tiated energy bill, a bill carefully de- for its immediate consideration. management cleanup activities, con- signed to perpetuate our dependence on The Clerk read the resolution, as fol- tinuing the strong commitment to ac- foreign oil, brokered by national, inter- lows: celerate cleanup schedules at contami- national, multinational conglomerates nated sites throughout the country. which will be subsidized to the tune of H. RES. 444 $25 billion by United States taxpayers; Resolved, That upon adoption of this reso- b 1115 the Enron provision to repeal the Pub- lution it shall be in order to consider the conference report to accompany the bill This funding is vital in reducing pub- lic Utility Holding Company Act, guar- (H.R. 2754) making appropriations for energy lic health and safety risks. The con- anteeing a new round of mergers, spec- and water development for the fiscal year ference report also provides $8.7 billion ulation and rip-offs of electric con- ending September 30, 2004, and for other pur- for the National Nuclear Security Ad- sumers. poses. All points of order against the con- ministration, which includes the nu- I can see only one benefit in this bill. ference report and against its consideration clear weapons program, defense nuclear It is huge, it is heavy, it is made of are waived. nonproliferation, and Naval reactors. paper. If we take and send a copy to The SPEAKER pro tempore. The gen- In closing, Madam Speaker, I would every American taxpayer and con- tleman from New York (Mr. REYNOLDS) like to commend the gentleman from sumer, they can throw it in the wood is recognized for 1 hour. Ohio (Chairman HOBSON) and all of the stove or the fireplace and get a little Mr. REYNOLDS. Madam Speaker, for distinguished conferees on both sides of bit of warmth, but that will be the only the purpose of debate only, I yield the the aisle for their hard work and dedi- benefit they get out of this legislation. customary 30 minutes to the gen- cation to our Nation’s energy and

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.009 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11371 water priorities. I urge my colleagues Congress persons, the gentleman from want to take this time to congratulate to support this rule and the underlying Florida (Mr. SHAW), the gentleman the gentleman from Ohio (Chairman conference report. from Florida (Mr. DEUTSCH), the gen- HOBSON) and to congratulate the gen- Madam Speaker, I reserve the bal- tleman from Florida (Mr. MEEK), the tleman from Indiana (Mr. VISCLOSKY), ance of my time. gentlewoman from Florida (Ms. ROS- the ranking minority member on the Mr. HASTINGS of Florida. Madam LEHTINEN) and the gentleman from subcommittee, because they have han- Speaker, I yield myself such time as I Florida (Mr. WEXLER), all of whom dled this bill in a way which, in my may consume, and I thank the gen- have been directly involved in this his- view, all appropriations bills should be tleman from New York (Mr. REYNOLDS) toric undertaking. I am proud of the handled, all legislation should be han- for yielding me the time. work that Florida’s whole congres- dled, for that matter. And in the proc- Madam Speaker, as my colleague on sional delegation has done on a bipar- ess, while I certainly do not agree with the Committee on Rules already noted, tisan basis, particularly the gentleman every provision in the bill, I think the this rule is typical for a conference re- from Florida (Chairman YOUNG) and process has been reasonable enough port. It is closed and it allows for 1 the gentleman from Wisconsin (Mr. and the substance is reasonable enough hour of debate. I should note that I am OBEY), the ranking member who is not that this bill merits support on both pleased to rise today to debate the con- from Florida but has helped us with sides of the aisle, and I am pleased to tent of the energy and water appropria- this to keep this project moving ahead. report that to the House. tions bill and only the energy and The subcommittee chairman and the Mr. REYNOLDS. Madam Speaker, I water appropriations bill. Let us just ranking Democrat are to be thanked yield myself such time as I may con- hope that when Congress adjourns the for their tireless work, and I look for- sume. first session of the 108th Congress, it ward to working with each of them in I take with good note the ranking will have considered 13 such appropria- the future. member of the full Committee on Ap- tions conference reports. In addition to funding Everglades propriations on the compliments to the To Republican leaders who say that restoration efforts, the underlying re- gentleman from Ohio (Mr. HOBSON) as considering 13 separate appropriations port provides more than $4.5 million for chair of the subcommittee, and I know reports is not possible or just highly south Florida beach renourishment and that he works hard in those endeavors unlikely, I note that while the other protection projects, $500,000 for Florida to achieve that, but it is not easy to body remained in session last week, the Keys water quality improvements, and get such a fine accolade on behalf of House took the week off. Where there more than $17 million for improving the ranking member, and on behalf of is a will, Madam Speaker, there is al- south Florida’s ports and waterways. the chair of the subcommittee I will ways a way. The will of the majority is I am well aware that some of my col- pass along his kind remarks. clear, and it is not on the side of the leagues on this side of the aisle have Madam Speaker, I reserve the bal- American people. severe reservations regarding the re- ance of my time. But I should not dwell on this body’s port, particularly funding for the Mr. HASTINGS of Florida. Madam work ethic nor shall I attempt to pre- Yucca Mountain site, a Robust Nuclear Speaker, I yield 21⁄2 minutes to the gen- dict or foresee the prospects of this Earth Penetrator study, and an anti- tlewoman from Texas (Ms. JACKSON- week, however dim they may be. In- environmental rider that affects a fair LEE). stead I rise in support of the under- process already underway in Alaska. Ms. JACKSON-LEE of Texas. Madam lying conference report. Their concerns are real, and, frankly, I Speaker, I rise to support the under- As previously mentioned, the energy am disappointed that we have not bet- lying legislation as it relates to energy and water appropriations bill provides ter addressed them in the conference and water development, and I thank $27.3 billion in funding for the United report. the chair and the ranking member. States Department of Energy and Again, Madam Speaker, this is by Coming from Houston, Texas, having many of our country’s most important and large a good report. I urge my col- just experienced enormous flooding water-related projects. The bill appro- leagues to support it. over the last 48 hours and the tragedy priates about $4.5 billion for the Army Madam Speaker, I reserve the bal- of tornadoes, I recognize the impor- Corps of Engineers, about $1 billion for ance of my time. tance of a system of both energy and the Bureau of Reclamation, $22 billion Mr. REYNOLDS. Madam Speaker, I water that needs to work. I particu- for the Department of Energy, and reserve the balance of my time. larly want to note the importance in about $140 million for independent Mr. HASTINGS of Florida. Madam this legislation of the $3.45 billion for agencies including the Nuclear Regu- Speaker, I yield 2 minutes to the gen- the Department of Energy science pro- latory Commission and the Defense Nu- tleman from Wisconsin (Mr. OBEY). grams that will allow us to deal with clear Facilities Safety Board. Mr. OBEY. Madam Speaker, I think climatic concerns that impact the The report also includes more than one of the obligations of those of us in quality of life of our constituents and $15 million in funding for the restora- the minority is to raise objection when $8.7 billion for the National Nuclear Se- tion of Florida’s Everglades, and I we believe that the majority has not curity Administration because I would thank all of our colleagues in the handled legislation correctly and to in- like to see the responsibility of cleanup House for continuing to support that dicate support when we think it has be enhanced; $426 million for renewable vital project in the State of Florida. It handled things correctly. I want to energy programs, and as well $580 mil- further contains legislative language stipulate that, in this instance, I think lion for the nuclear waste program, and ensuring that the State of Florida ful- the gentleman from Ohio (Chairman most of all, the $4.6 billion for the fills its commitment to improve water HOBSON) has done a wonderful job in Army Corps of Engineers, drastically quality in the Everglades, and I would seeing to it that the Congress addresses needed in a community like mine that urge the Florida legislature to under- its institutional responsibilities in the is 50 feet under sea level. So I am pub- take its responsibilities most imme- areas under the energy and water bill licly asking for assistance from the diately in that regard. Both of these jurisdiction, and I think he has done an Army Corps of Engineers as I have to are prime examples of Congress’s con- excellent job in involving the minority return to Houston today because of tinuing commitment to the largest en- in reaching those decisions. In the several of my community sites have vironmental cleanup in the history of process, it has been very apparent that been destroyed, and I am going to seek the world. the primary consideration of the chair- help for them. I am proud of the fact that several of man of the subcommittee has been the As I mentioned, this is an important our colleagues including the gentleman substance of the legislation, and he has question in Houston. In fact, the recent from Florida (Mr. FOLEY), the gen- tried to take the conference in a direc- mayoral campaign was based upon who tleman from Florida (Mr. GOSS), the tion which defends the public interest can deal with flooding. So this strikes gentleman from Florida (Mr. MARIO irrespective of what either some people at the heart of our community and its DIAZ-BALART), and myself are the im- in the Congress or some people in the survival. I also want to note that we mediate Representatives for the lake executive branch of government have will be bringing up H.R. 6, the Energy and Everglades area. There are other felt about these issues. So I simply Policy Act of 2003. Let me note that I

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.018 H18PT1 H11372 CONGRESSIONAL RECORD — HOUSE November 18, 2003 am grateful for the focus of doing en- ceptance of spent nuclear fuel at Yucca Rural Development, Food and Drug Ad- ergy research for both renewables, but Mountain. In response to our concern, ministration, and Related Agencies for also alternatives, and although it was a the gentleman from Ohio (Chairman the fiscal year ending September 30, vigorous debate, I want to say to my HOBSON) agreed not only to strip the 2004, and for other purposes, with a energy friends, the deletion of ANWR early acceptance language from the Senate amendment thereto, disagree to does not mean that we cannot be do- bill, but also to dedicate $4 million in the Senate amendment, and agree to mestically sufficient, that we cannot additional Federal spending to bolster the conference asked by the Senate. resources to invest in domestic energy security at our Nation’s nuclear power The SPEAKER pro tempore. Is there resources, particularly in the Gulf stations. I am heartened by the gen- objection to the request of the gen- where the gentleman from Texas (Mr. tleman from Ohio’s (Chairman HOBSON) tleman from Texas? LAMPSON) and I offered an amendment willingness to ensure that the early ac- There was no objection. to determine the amount of resources ceptance of spent nuclear language did MOTION TO INSTRUCT CONFEREES OFFERED BY in the Gulf off the shores of Louisiana not remain through the conference on MR. OBEY and Florida, in particular, and to do this measure. Mr. OBEY. Madam Speaker, I offer a more reinvigorated drilling in that However, the conference report still motion to instruct. area where it is well assured that it dedicates $580 million in taxpayers’ The SPEAKER pro tempore. The can be done in a very scientific and en- dollars to the Yucca Mountain project, Clerk will report the motion. vironmentally safe area. Even though in my opinion, a fatally flawed Federal The Clerk read as follows: there are issues with the Energy Policy boondoggle that a majority of Nevad- Mr. OBEY moves that the managers on the Act that I would be concerned about, ans, millions of Americans, and the Ne- part of the House at the conference on the as a Texan, I think it is vital that we vada Congressional Delegation strong- disagreeing votes of the two Houses on the become more independent as it relates ly opposes. bill, H.R. 2673, be instructed to insist on the to energy resources, that we begin to Madam Speaker, I will vote yes on House position on prescription drug importa- tion in Section 749 of the House-passed bill. look at alternatives, begin to look at this rule; however, I will remain op- incentives for alternative motor vehi- posed to frivolously spending tax- The SPEAKER pro tempore. The gen- cles and the $1.8 billion for the electric payers’ dollars and will never give up tleman from Wisconsin (Mr. OBEY) and power industry. My colleagues can be the fight against wasteful Yucca Moun- the gentleman from Texas (Mr. assured, to my friends in Texas, that tain project spending. BONILLA) each will control 30 minutes. The Chair recognizes the gentleman we will never be totally independent of b 1130 oil and natural gas of which we have from Wisconsin (Mr. OBEY). much in this area. So this Energy Pol- Mr. HASTINGS of Florida. Madam Mr. OBEY. Madam Speaker, I yield icy Act, that is, H.R. 6, should at least Speaker, I yield back the balance of myself 8 minutes. be considered a first step where we my time. Madam Speaker, to the uninitiated, have come together, although some- Mr. REYNOLDS. Madam Speaker, I people might think that this is a mo- times in controversy, to put on the yield back the balance of my time, and tion that deals with the agriculture ap- table a real energy agenda and policy I move the previous question on the propriations bill. But, in fact, what is for the 21st century and for this coun- resolution. happening today is that conferees are try. It is long overdue, and as someone The previous question is ordered. being appointed, ostensibly, to deal who has practiced oil and gas law since The SPEAKER pro tempore (Mrs. with the agriculture appropriations bill about 1976, I can tell the Members that BIGGERT). The question is on the reso- but, in fact, the agriculture appropria- we will be better off having a road map lution. tion will then become the vehicle into that we can follow and that we can The question was taken; and the which all other appropriation bills that work with environmentalists and work Speaker pro tempore announced that have not yet passed the Congress will with independents, small energy com- the ayes appeared to have it. be dumped, producing one of those glo- panies, who can be the backbone of an Mr. HASTINGS of Florida. Madam rious omnibus appropriation bills that energy policy in this Nation. Speaker, on that I demand the yeas the Congress deals with at the end of So, Madam Speaker, I rise to support and nays. the session when it has not been able H.R. 2754 and the rule, as well as H.R. The yeas and nays were ordered. to get its work done. So Members can 6. The SPEAKER pro tempore. Pursu- expect to see this conference come Mr. REYNOLDS. Madam Speaker, I ant to clause 8 of rule XX, further pro- back containing not only the material yield 2 minutes to the gentleman from ceedings on this question will be post- that is appropriate to the agriculture Nevada (Mr. GIBBONS). poned. bill, but if the majority has its way, (Mr. GIBBONS asked and was given f they can expect that the conference re- permission to revise and extend his re- port will also contain the State, Jus- marks.) GENERAL LEAVE tice, and Commerce appropriation, the Mr. GIBBONS. Madam Speaker, I rise Mr. BONILLA. Madam Speaker, I ask Labor, Health, and Human Services ap- in strong support of the rule, yet with unanimous consent that all Members propriation, perhaps the VA–HUD ap- some strong reservations also regard- may have 5 legislative days within propriation, the D.C. appropriation, ing final passage of the Energy and which to revise and extend their re- and perhaps several others. On this side Water Appropriations Conference Re- marks on the motion to go to con- of the aisle, we do not believe that port. But before I explain my reserva- ference on H.R. 2673, and that I may in- those bills should be considered to- tion, I would like to recognize the clude tabular and extraneous material. gether. We believe that each of them many efforts of the gentleman from The SPEAKER pro tempore. Is there should stand on their own merits. Ohio (Chairman HOBSON), the gen- objection to the request of the gen- We have another complicating factor, tleman from Indiana (Mr. VISCLOSKY), tleman from Texas? because this legislation will be used by ranking member, and other hard- There was no objection. the majority to try and pave the way working Members and their staffs who f for passage of its ill-conceived and mis- have made, over the past year, an ef- begotten Medicare, so-called Medicare fort to work with the Nevada delega- APPOINTMENT OF CONFEREES ON Reform Act. Now, that bill started as tion to address our serious concerns H.R. 2673, AGRICULTURE, RURAL an effort to provide a prescription drug with the Yucca Mountain project. DEVELOPMENT, FOOD AND DRUG benefit for our senior citizens under For example, during initial House ADMINISTRATION, AND RELATED Medicare. Instead, what is being pro- floor consideration of the energy and AGENCIES APPROPRIATIONS duced on that score is a very weak, water bill this past July, the gen- ACT, 2004 badly-shredded, partial benefit that tleman from Ohio (Chairman HOBSON) Mr. BONILLA. Madam Speaker, I ask does not even begin until years down was gracious enough to grant the gen- unanimous consent to take from the the road, and the enticement of that tleman from Nevada (Mr. PORTER) and Speaker’s table the bill (H.R. 2673) prescription drug bill or that prescrip- I a colloquy on the issue of early ac- making appropriations for Agriculture, tion drug coverage, I should say, is

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.056 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11373 being used as an effort to blackmail ing week of the session, or what is ex- and in other countries, but specifically Congress into essentially vitiating pected to be the closing week of the with respect to Canada, as we tried to Medicare as we know it today. There session. A lot of things will happen address in the bill. We now see that are not many people on this side of the which will not bring credit to this that door is going to be slammed shut. aisle who think that that is a good idea House. What I would hope is that we The reimportation is going to be grant- either. could avoid having a broad-scale con- ed on one hand, but the certification by Now, one of the provisions in the sumer fraud effort take place on this the Secretary of Health and Human Medicare conference report that will House floor and, in my view, without Services will effectively close, as it has shortly be before this body is a provi- the Northup amendment, any pretense in the past, the opportunity for Amer- sion which tries to create the impres- that there is a drug reimportation pro- ican citizens who are ill, who need sion that senior citizens will be allowed vision that is being made available to these drugs, who are financially trou- to reimport drugs from Canada as part seniors will be just that, a blatant ef- bled and financially incapable of pay- of the passage of that bill. But, in fact, fort to defraud the public. I would hope ing for some of these drugs; as a result the FDA has made quite clear that that the membership of this House of that, they take the prescription that that provision will not work. So what would recognize that, and I would hope their doctor has given them, they re- we are going to be faced with is a ‘‘let’s that the members of the general public duce the amount of pills they take per pretend’’ game. The Congress will pre- who have been waiting for years for a day, they reduce the dosage that they tend in the Medicare bill that it is meaningful provision on drugs would take in trying to get through the about to pass that there is a meaning- remember it as well. month in order to pay for, in many in- ful ability for seniors to reimport drugs So for those of my colleagues who are stances, lifesaving drugs that they at a lower cost from Canada when, in interested in having reimportation ac- need by order of their physician. Many fact, because that provision requires tually occur, this motion is in support of our constituents, hundreds of thou- the approval of the very agencies that of the only real proposition that will be sands, if not millions of Americans, are opposed to it, no such reimporta- before the Congress between now and have now taken to forming buying tion will ever take place. clubs, of taking trips by bus, riding So this Congress, in essence, intends adjournment, and we will see whether Members, in fact, put their votes where long hours on buses, to go to Mexico, on the Medicare reform bill to practice to go to Canada to buy these drugs in consumer fraud on the House Floor. their mouths are. Any Member who votes for the Medicare reform bill and Canadian pharmacies where the prices This bill is part of that scheme, be- are much, much lower than what they cause this bill presently contains a re- claims that they have provided a drug reimportation plan that will provide are having to pay through their health quirement, in the form of the Northup care plan if they have one or, if they do amendment, that drug reimportation, lower-cost drugs from Canada will be committing consumer fraud, and I not have one at all, what they would meaningful drug reimportation be al- pay on the market. lowed to take place. But the intention want to say that beforehand so that of the conferees, at least on the major- Members are put on notice as to what b 1145 ity side, is to deep-six that provision in that provision really is. If my col- It has been suggested that this is conference so that the bill will come leagues want to be real, vote for this forced upon Americans because this is back stripped of that, and they will motion. If they do not, do not. It is as the only way that they can recapture pretend that they have taken care of simple as that. the research and development dollars the need in the Medicare bill but, in Madam Speaker, I reserve the bal- that continue to flow these pharma- fact, the Medicare bill will not have ance of my time. ceutical drugs to the marketplace. taken care of it at all. It sounds com- Mr. BONILLA. Madam Speaker, I rise Some of that is true. But the question plicated; it is meant to be. Because in opposition to the motion, and I re- millions of American citizens are ask- that is the way that the public is de- serve the balance of my time. ing is why is it that only the American ceived into thinking that there will be Mr. OBEY. Madam Speaker, how ill, the American sick, the American real action on reimportation of drugs much time is remaining on both sides? infirm are the ones who have to pay for from Canada when, in fact, the major- The SPEAKER pro tempore. The gen- this? They say, well, the other coun- ity has no intention whatsoever of al- tleman from Wisconsin (Mr. OBEY) has tries have price controls, the other lowing that to occur. 22 minutes remaining; the gentleman countries negotiate. We asked for the So, therefore, I am offering this mo- from Texas (Mr. BONILLA) has 30 min- authority to have the Secretary of tion which says, in effect, that on this utes remaining. Health and Human Services negotiate bill, if we are going to have a drug re- Mr. OBEY. And who has the right to the prices of drugs for Medicare recipi- importation proposal, and I have some close? ents as we do in the Veterans Adminis- questions about the advisability of The SPEAKER pro tempore. The gen- tration, as Wal-Mart does, as Costco some of those proposals, but what this tleman from Wisconsin has the right to does, as all big purchasers do with motion says is that if we are going to close. pharmaceuticals, and we were denied have a drug reimportation provision, it Mr. OBEY. Madam Speaker, I yield 8 that opportunity in the House. at least ought to be a real one, and minutes to the distinguished gen- So the only outlet, the only outlet that is what we believe the Northup tleman from California (Mr. GEORGE for these citizens where their financial amendment is, in contrast to the MILLER). situation does not meet their medical phony ‘‘let’s pretend’’ proposition (Mr. GEORGE MILLER of California situation is to go to Canada, and now which will shortly be coming at us in asked and was given permission to re- that opportunity is being slammed in the so-called Medicare reform bill. vise and extend his remarks.) terms of this reimportation provision So our position is very simple: this Mr. GEORGE MILLER of California. within the Medicare prescription drug language gives people who want to Madam Speaker, I thank the gen- benefit that will be coming to the have drugs reimported from Canada, tleman for yielding me this time, and, floor. lower-cost prescription drugs, this more importantly, I thank him for of- As a result of that, without the nego- gives people who want to see that hap- fering this motion that will be our only tiation power of the Secretary of pen an opportunity to vote to require opportunity to provide a statement by Health and Human Services on the cost it. This is an effort to keep a real drug the Members of Congress as to the real of drugs, without the reimportation reimportation provision before the issue of importation, since that oppor- provision, America’s senior citizens, Congress rather than simply allowing tunity will now be denied us in the pre- and I must say all American families, the institution to engage in this wide- scription drug bill that we are antici- are put at the mercy of the pharma- spread charade that somehow there is a pating coming to this floor. ceutical industry that will now have no meaningful reimportation provision in As many of our constituents know, incentive to lower the cost of drugs. the Medicare bill which is about to millions of Americans have waited for The prescription drug bill coming to come at us. the opportunity to be able to take ad- the floor does some wonderful things A lot of things will happen in this vantage of the lower prices of pharma- for hospitals, wonderful things for doc- House over the last week, in the clos- ceuticals that are available in Canada tors, some wonderful things for the

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.024 H18PT1 H11374 CONGRESSIONAL RECORD — HOUSE November 18, 2003 pharmaceutical companies, but it does being and sustaining their health, In July this body abrogated its re- nothing for the people who have to con- maybe, in fact, in sustaining their life. sponsibility to address the problem of sume those pharmaceuticals. It makes So this motion by the gentleman soaring drug prices. It barred the gov- no effort at trying to control the price from Wisconsin (Mr. OBEY) is the most ernment from negotiating lower prices of those pharmaceuticals, the cost of important vote in terms of our ability for seniors. It did worse than nothing. those to individuals. to express the desire to have re- Since that time the call for prescrip- And when we say that, we are saying importation as part of our medical pol- tion drug importation, giving ordinary simply have us negotiate as a large icy in this country and also to tell the Americans the choice that they are purchaser. That is what the business conferees that they are bringing to us taking on their own, out of despera- world does. People come to us and ask an imperfect product, and they should tion, has reached a critical mass. why do we not run the government to back to the conference committee Today the American people know that more like a business. We try to run it and make sure that America’s elderly importation would save them billions like a business, and the businesses shut and America’s sick are protected and of dollars, $600 billion in the next dec- us down. have the opportunity to take advan- ade, savings passed directly onto the So now the question of reimportation tage of the reimportation of those consumer. will be shifted from a vote in this Con- pharmaceuticals that they need. They know it is a safe option, be- gress to provide for reimportation, in We should recognize that the bill as cause they know that the U.S. drug the new bill it will now all go to the reported by the conferees is not a bill companies themselves reimport brand Secretary of Health and Human Serv- that protects the senior citizens of this name medications from their overseas ices. And the entire political and finan- country, it is not a bill that provides plants, $14.7 billion worth in 2001. They cial clout of the pharmaceutical indus- for those who are ill in this country; it know that the reimportation bill try will be focused on the Secretary of protects the pharmaceutical companies passed this body in late July. It guar- Health and Human Services to never and they should have to go back to anteed safety. I would repeat that our certify for the reimportation of phar- conference. bill not only required drugs reimported maceuticals to the United States, Mr. OBEY. Madam Speaker, how from other countries be FDA approved, thereby depriving millions of Ameri- much time is remaining? but also that the facilities they are cans the opportunity to lower the cost The SPEAKER pro tempore (Mrs. manufactured in are FDA approved as of the drugs that are necessary to them BIGGERT). The gentleman from Wis- well. Add to that requirement in this on a monthly basis as prescribed by consin (Mr. OBEY) has 15 minutes re- bill that all prescription drugs use their doctors. maining and the gentleman from Texas counterfeit-resistant packaging, and We are going to decide that those (Mr. BONILLA) has 30 minutes remain- there is little doubt that every drug senior citizens, those people who are ing. purchased here in the United States, desperately in need of these pharma- Mr. OBEY. Could I ask the gentleman reimported or otherwise, would be safer ceuticals are going to be the sole indi- from Texas (Mr. BONILLA), is it his in- than the drugs that are available viduals that are somehow going to pay tention not to yield any time? today. for the research and development of The SPEAKER pro tempore. There is The FDA is so concerned about safe- these drugs if, in fact, that argument is a question to the gentleman from ty then they ought to take a look at even accurate. Texas. Does the gentleman continue to food safety in the United States. They The fact of the matter is, the reason reserve his time? have jurisdiction over imported foods the prices are really high in the United Mr. OBEY. Madam Speaker, is it the coming into the United States, and States, as opposed to the other coun- intention of the gentleman not to yield only less than 1 percent, 1 to 2 percent tries, is the power of the pharma- any time? of all imported food is inspected com- ceutical industry to do just as they Mr. BONILLA. Madam Speaker, at ing into this country. And yet the FDA have done in the Medicare prescription this time we reserve the balance of our will certify that that food is the safest drug bill and that is to take out all of time. food supply in the world. And yet FDA- the provisions that would have given a Mr. OBEY. Madam Speaker, we have approved drugs from FDA-approved fa- break to the sick and the elderly in the right to close, so I am wondering cilities will not be certified as being this country, that would have given when the gentleman is intending to use safe. Tell us, on whose side is the FDA? them an opportunity to lower the cost his time. This is not an issue of safety, it is an of the drugs that they have to buy Mr. BONILLA. Madam Speaker, I issue of price. every week and every month. That is would suggest at this moment to the This Congress needs to stop acting as why the prices are so high in the gentleman from Wisconsin if he has ad- the wholly-owned subsidiary of the United States. It is not about research ditional speakers to go ahead and pro- pharmaceutical companies, and step up and development. It is about lobbying, ceed. to its responsibilities to help con- it is about political contributions, it is Mr. OBEY. Madam Speaker, is the sumers. We need to vote for this mo- about the force of this industry on this gentleman going to be supporting or tion because it is the only opportunity Congress and the House and the Senate accepting the motion? for this body to vote for lower cost pre- and the Republican leadership to strip Mr. BONILLA. Madam Speaker, as I scription drugs. The Medicare prescrip- this bill of those provisions that were stated earlier, we are in opposition to tion drug policy that has come out of put in on a bipartisan basis, on a bipar- the motion. the conference in this body, decimates tisan basis in the House, on a bipar- Mr. OBEY. Madam Speaker, I yield 3 and destroys Medicare, does nothing tisan basis in the Senate, to strip them minutes to the gentlewoman from Con- about the high cost of prescription and remove them to the administration necticut (Ms. DELAURO). drugs. And unless we pass this motion which has opposed these provisions Ms. DELAURO. Madam Speaker, I to instruct, there will be no oppor- from the very beginning. rise in support of this motion. As high tunity to do what is the right thing for So the fate of our senior citizens, the health care prices continue to erode America’s families, for America’s sen- fate of the elderly in this country, the the living standards of middle-class iors, and that is to provide them with fate of the ill, the sick in this country, families across this country, the rising the opportunity to get their prescrip- is now placed back into hands of the price of prescription drugs remains tion medications at a price that they pharmaceutical companies, exactly front and center in the eyes of seniors. can afford in order to save their lives. where it was when we began this proc- A recent report by Families USA con- That is what this issue is about today. ess. So the pharmaceutical companies, cluded that the prices of the 50 most It is about providing people in this as this bill comes to the floor, get a frequently used prescription drugs by country the wherewithal to afford pre- great big victory and the consumers seniors rose by nearly 31⁄2 times the scription drugs. and the sick people in this country get rate of inflation. That is a problem for Madam Speaker, let us vote for this nothing. They get a continuation of ex- them, their children, and their chil- motion to instruct. Let us do the right orbitant costs of pharmaceuticals that dren’s children. We all have a stake in thing for seniors and for the families in are absolutely essential to their well- driving down prescription drug prices. this country.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.027 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11375 Mr. BONILLA. Madam Speaker, at in the United States of America than it Germans. They pay competitive prices. this time I yield back the balance of is in Canada where there is more gov- We pay competitive prices. Prices will my time. ernment control. drop here at home. Mr. OBEY. Madam Speaker, I yield That was totally a specious argu- Second is give the right to the Sec- 11⁄2 minutes to the gentleman from Wis- ment that they have drug out here to retary of Health and Human Services consin (Mr. KLECZKA). try and protect one thing: Not the safe- what the Secretary of the Veterans Ad- Mr. KLECZKA. Madam Speaker, we ty of the American public and our sen- ministration has and what the private are told by my colleague from Texas iors, not their health. I will tell you insurers have, which is to negotiate (Mr. BONILLA), the Republican who is what jeopardizes their health: When bulk prices, that is, a Medicare Sam’s opposing this motion, that he does not they cannot afford the drugs they need Club. And rather than use the power of have any comments on it, does not for a chronic or an acute condition. 41 million seniors, we take a powder have anything to say about it. And I here, twice denying the right to seniors b 1200 think that is kind of funny because we to get cost-effective measures, to get know full well when the Medicare bill There are tens of thousands of sen- the prescription drugs they need at the comes up here, it is going to be Thurs- iors and others across America in that prices they can afford. day or Friday at 5 o’clock in the morn- condition. We deny that right. Why? Because we ing when America is sleeping and all No, there is only one issue here. do not have faith in Tommy Thompson the seniors do not know what is hap- There is only one thing to protect, and to negotiate good prices, but we have pening. it is not the safety of America’s sen- faith in him to deny the right of pre- But why is this provision important iors; it is not the sanctity and the scription drugs that come into this about the drug importation? Because quality of our drug supply, because it country at affordable prices. Our sen- when this bill originally passed the is already compromised by phony iors are paying premium prices, and House, it passed by one vote. And after closed-door pharmacies and hundreds what are we about to do? the roll call was left open an hour with of other loopholes that are getting We are about to ask the taxpayers to the Republican leadership beating counterfeit drugs, as is well docu- pay $400 billion of their money for the their Members into submission, a deal mented, into the system in our coun- most expensive drugs, prescription was struck that, okay, we are going to try. drugs, anywhere in the world. We owe pass this bill, if we get drug importa- Not in Canada. Their system works a the common decency and courtesy to tion. And that is why the bill passed. lot better. They are reimporting FDA- the taxpayers to get the best price and Then it went to a conference com- approved drugs through Canada, and not the most expensive price. mittee, and there was not a Democrat we know they are probably really I support this motion so we would fi- from the House sitting in there negoti- American drugs. Here there are a lot of nally break the hammer lock the pre- ating. But you know what was in counterfeit drugs being made available scription drug companies have on this Congress and the Republican Congress there? The drug companies were in though phony wholesalers. and give the American people the type there. And now we are going to see the No, there is one thing that is being of relief they need so they can buy the final product a few days from now, and protected. Well, two things. One is the drugs they need for their health at the lo and behold, drug importation is only obscene prices and profits of the phar- maceutical industry; and two is polit- prices they can afford. permitted if the Secretary of Health Mr. OBEY. Madam Speaker, how and Human Services says it is okay. ical campaign contributions to the White House and Republicans. That is much time do I have remaining? But we know that he has already said The SPEAKER pro tempore (Mrs. what is being protected. it is not okay. They oppose it. BIGGERT). The gentleman from Wis- Mr. OBEY. Madam Speaker, I yield 2 The administration is in the pocket consin (Mr. OBEY) has 7 minutes re- minutes to the gentleman from Illinois of the drug companies. And so your maining. mothers and fathers and grandparents (Mr. EMANUEL). Mr. OBEY. Madam Speaker, I yield (Mr. EMANUEL asked and was given are going to be pay more for drugs. 11⁄2 minutes to the gentleman from This bill is a bad bill. Not only does it permission to revise and extend his re- Maine (Mr. ALLEN). provide no decent drug coverage for marks.) Mr. ALLEN. Madam Speaker, I thank America’s seniors, but it is an attempt Mr. EMANUEL. Madam Speaker, I the gentleman for yielding me time. to get them out of the Medicare pro- would like to thank the gentleman Madam Speaker, we have got a gram. from Wisconsin (Mr. OBEY) for yielding strange situation here. When we think Madam Speaker, 90 percent of seniors me time. about this, the most profitable indus- today are in the Medicare fee-for-serv- People from around the world come try in the country, the most profitable ice program. This bill rewards or gives to America for their medical care. Yet industry in the country is charging the gifts to insurance companies to get Americans are forced to go around the highest prices in the world to Amer- them to move out and go into the pri- world for their medications. Why? Be- ica’s seniors and others without health vate insurance companies where they cause we have the most expensive insurance. And yet the head of the are going to get a real bad deal on their prices for prescription drugs anywhere Food and Drug Administration is giv- health care. in the world right here in the United ing speeches saying the problem is not Mr. OBEY. Madam Speaker, I yield States; and yet all the medications are that prices are too high in this coun- 11⁄2 minutes to the gentleman from Or- developed with taxpayer-funded re- try; the problem is that they are too egon (Mr. DEFAZIO). search. Now we are given the honor and low in other countries. The rest of the Mr. DEFAZIO. Madam Speaker, pre- distinction to pay the most expensive world has it wrong. They should raise vious to today’s debate the House has prices. their prices. spoken definitively on what the Amer- Now, there are two ways to address This is ludicrous. In fact, the drug ican people want and today are only the issue of cost and affordability of companies are happy to sell their drugs getting price relief on their prescrip- prescription drugs. One was allowing in Canada and Europe and around the tion drugs by importing from Canada. Americans, like our European col- world where on average they are sell- Yet, through stealth maneuvers, the leagues, to buy prescription drugs at ing their drugs for 40 percent less, and Republican majority, under pressure 30, 40, 50 percent cheaper, same name- there is research going on in Canada. from the pharmaceutical industry and brands drugs in both Canada, Europe, Look at this, just one example, there the White House, is going to close the France, Germany, Italy, and Ireland. are 79 research-based drug companies border. They are about to say, to quote Yet, twice the Republican Congress has in Canada. And since 1995, they have the FDA Commissioner, the FDA can- denied the right to Americans to free increased their research spending by 50 not guarantee the safety of Canadian trade, to competition and choice be- percent. The pharmaceutical industry drugs. Well, guess what? They cannot cause through competition prices is not hurting in Canada or around the guarantee the safety of American would reduce and come down for Amer- world. The people who are hurting are drugs. In fact, it is well documented ica. Americans would no longer sub- our seniors trying to buy their medica- that the supply chain is more broken sidize the poor starving French and tion here at home.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.028 H18PT1 H11376 CONGRESSIONAL RECORD — HOUSE November 18, 2003 We need to be able to take drugs Mr. BONILLA. Madam Speaker, I [Roll No. 624] from other countries to bring them yield back the balance of my time. YEAS—237 into this country. We know one thing, Mr. OBEY. Madam Speaker, I yield Abercrombie Hastings (WA) Northup this administration is never going to myself the balance of my time. Ackerman Hayes Oberstar approve the reimportation of low-price Madam Speaker, this motion is an ef- Allen Hayworth Obey drugs from Canada. They will not do it. fort to prevent this Congress from giv- Baca Hinchey Olver Baird Hinojosa Osborne They are trying to stop it now. So any ing to the drug companies two early Baldwin Hoeffel Otter provision which depends on the author- Christmas presents. Ballance Hoekstra Owens ity of the Secretary of Health and Let me put it this way: this Congress Bartlett (MD) Holden Pallone Human Services and a Republican ad- Bass Hooley (OR) Pastor is about to tell the drug companies Becerra Houghton Paul ministration is not going to fly. That that they will have carte blanche to do Bell Hoyer Pelosi is why it is so important that this mo- whatever they want on drug costs. And Bereuter Hunter Peterson (MN) tion pass; it is so important that we this Congress will accomplish that in Berkley Hyde Peterson (PA) have legislation that authorizes the re- Berry Inslee Petri two ways. The first step is by obliter- Bishop (GA) Israel Pickering importation of drugs. We do it for ating the efforts that we have tried to Bishop (NY) Istook Platts other products. We ought to do it for make to allow the Federal Government Blumenauer Jackson (IL) Pomeroy Bono Jackson-Lee Rahall medication. to negotiate with drug companies for a Mr. OBEY. Madam Speaker, I yield 2 Boozman (TX) Ramstad lower price for drugs by providing a Boswell Janklow Rangel minutes to the gentleman from Arkan- drug benefit that goes to everyone Boucher Jefferson Rehberg sas (Mr. ROSS). under Medicare. The Medicare legisla- Brady (PA) Johnson (CT) Renzi Mr. ROSS. Madam Speaker, I thank Brown (OH) Jones (NC) Reyes tion, which this House will be asked to the gentleman from Wisconsin (Mr. Brown (SC) Jones (OH) Rodriguez vote on this week, that Medicare legis- Brown, Corrine Kanjorski Rohrabacher OBEY) for yielding me time. lation, at the instruction of the Repub- Burton (IN) Kennedy (RI) Ros-Lehtinen I rise in support of the motion to in- Capito Kildee Ross struct, to instruct the conferees that lican leadership, has eliminated all Capps Kilpatrick Roybal-Allard we accept in this agriculture appro- possibility for the Federal Government Capuano Kind Royce Cardoza Kirk Ruppersberger priations bill the same language that to negotiate lower drug prices. That is gift number one to the drug companies. Carson (IN) Kleczka Rush has already been passed on the House Case Kolbe Ryan (OH) floor as it deals with reimportation, That means the only remaining way Castle Kucinich Ryan (WI) and let me tell you why. that seniors can get some help on drug Clay LaHood Sabo prices is by reimporting them from Conyers Lampson Sanchez, Linda In June of last year, I did a study Cooper Langevin T. where we compared the price paid by Canada. And the Medicare legislation Costello Larsen (WA) Sanchez, Loretta seniors in Arkansas’ Fourth Congres- which will shortly be before us will Cox Larson (CT) Sandlin state that or will pretend that there is Cramer LaTourette Schakowsky sional District with the price paid by Crowley Leach Schiff seniors in six other countries. And we a Canadian drug reimport benefit but, Cummings Lee Schrock found that the price paid by seniors in in fact, has a benefit which the FDA Cunningham Levin Scott (VA) the Fourth Congressional District of itself says will not work. That means Davis (AL) Lewis (GA) Serrano the only way left for Members to try to Davis (CA) Lipinski Shaw Arkansas is 110 percent more on aver- Davis (IL) Lowey Shays age than the price paid by seniors in provide some degree of price protection Davis (TN) Lucas (KY) Sherwood places like Canada, France, Germany, for prescription drugs for seniors is to Davis, Jo Ann Lynch Shuster Italy, Japan, and the U.K. vote for this motion and to insist that DeFazio Majette Skelton Delahunt Maloney Slaughter Let me give you a couple of exam- this conference committee come back DeLauro Manzullo Smith (MI) ples. Prevacid, 30 milligrams. In our with the provision that was adopted in Deutsch Markey Smith (NJ) congressional district it costs $128 a the original House legislation. That is Dicks Marshall Snyder month. The average foreign price, $55 a why this motion is before us today. I Doggett Matsui Solis Doyle McCarthy (MO) Spratt month. Celebrex, 200 milligrams. In my would urge a ‘‘yes’’ vote on the motion. Duncan McCarthy (NY) Stark congressional district, $81 a month. Madam Speaker, I yield back the bal- Edwards McCollum Stenholm The average foreign price, $35 a month. ance of my time. Ehlers McDermott Strickland Emanuel McGovern Stupak Prilosec, in my district $129 a month. The SPEAKER pro tempore. Without Emerson McHugh Tancredo The average foreign price, $56 a month; objection, the previous question is or- Engel McInnis Taylor (MS) and the list goes on and on and on. dered on the motion to instruct. Evans McKeon Taylor (NC) The drug manufacturers wrote this Everett McNulty Tierney There was no objection. Fattah Meehan Towns so-called Medicare prescription drug The SPEAKER pro tempore. The Filner Meek (FL) Turner (TX) bill, which is not for our seniors. It is question is on the motion to instruct Flake Mica Udall (NM) a windfall for the big drug manufactur- offered by the gentleman from Wis- Forbes Michaud Van Hollen ers, and now we see their fingerprints Ford Millender- Velazquez consin (Mr. OBEY). Frank (MA) McDonald Visclosky all over this bill today to go to con- The question was taken; and the Frost Miller (MI) Vitter ference on the ag appropriations bill. Speaker pro tempore announced that Gonzalez Miller (NC) Wamp Velma from my district writes and the noes appeared to have it. Goode Miller, George Watson says she takes seven prescriptions a Goodlatte Mollohan Watt Mr. OBEY. Madam Speaker, I object Gordon Moore Waxman month. It costs her $560, and she is try- to the vote on the ground that a Green (TX) Moran (KS) Weiner ing to get by and live on $604 a month. quorum is not present and make the Grijalva Murtha Wexler Mary from my district says she takes Gutierrez Nadler Wilson (NM) point of order that a quorum is not four prescriptions a month that cost Gutknecht Napolitano Wolf present. Hall Neal (MA) Woolsey her $401.88, and she is trying to get by The SPEAKER pro tempore. Evi- Harman Neugebauer Wu on $586 a month. Hastings (FL) Ney Wynn I rise in support of the motion to in- dently a quorum is not present. struct on behalf of the seniors of Amer- The Sergeant at Arms will notify ab- NAYS—176 ica so we can take on the big drug sent Members. Aderholt Blackburn Cannon This vote will be followed by three 5- Akin Blunt Cantor manufacturers and the Republican Alexander Boehlert Cardin leadership and finally bring down the minute votes as follows: Andrews Boehner Carter high cost of prescription drugs for our House Resolution 444, by the yeas and Bachus Bonilla Chabot seniors. This is America, and we can do nays; Baker Bonner Chocola approval of the Journal, de novo; Ballenger Bradley (NH) Clyburn better than this by our seniors. Barrett (SC) Brady (TX) Coble Mr. OBEY. Madam Speaker, how suspension of the rules on H.R. 3300, Barton (TX) Burgess Collins much time do I have remaining? by the yeas and nays. Beauprez Burns Crane The SPEAKER pro tempore. The gen- The vote was taken by electronic de- Berman Burr Crenshaw Biggert Buyer Culberson tleman from Wisconsin (Mr. OBEY) has vice, and there were—yeas 237, nays Bilirakis Calvert Davis (FL) 31⁄2 minutes remaining. 176, not voting 21, as follows: Bishop (UT) Camp Davis, Tom

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.031 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11377 Deal (GA) Johnson, Sam Reynolds XX, the remainder of the votes in this Kildee Napolitano Sessions DeGette Keller Rogers (AL) series will be conducted as 5-minute Kilpatrick Neal (MA) Shadegg DeLay Kelly Rogers (KY) Kind Nethercutt Shaw Diaz-Balart, L. Kennedy (MN) Rogers (MI) votes. King (IA) Neugebauer Shays Diaz-Balart, M. King (IA) Rothman King (NY) Ney Sherman Dooley (CA) King (NY) Ryun (KS) f Kingston Northup Sherwood Doolittle Kingston Saxton Kirk Norwood Shimkus Dreier Kline Scott (GA) WAIVING POINTS OF ORDER Kleczka Nunes Shuster Dunn Knollenberg Sensenbrenner AGAINST CONFERENCE REPORT Kline Nussle Simmons English Latham Knollenberg Oberstar Sessions ON H.R. 2754, ENERGY AND Simpson Eshoo Lewis (CA) Shadegg Kolbe Obey Skelton Etheridge Lewis (KY) Sherman WATER DEVELOPMENT APPRO- Kucinich Olver Slaughter Farr Linder Shimkus PRIATIONS ACT, 2004 LaHood Osborne Smith (TX) Feeney LoBiondo Simmons Lampson Ose Smith (WA) Ferguson Lofgren Simpson The SPEAKER pro tempore. The Langevin Otter Snyder Foley Lucas (OK) Smith (TX) pending business is the question of Larsen (WA) Owens Solis Fossella Matheson Larson (CT) Oxley Smith (WA) Souder Franks (AZ) McCotter agreeing to the resolution, House Reso- Latham Pallone Souder Spratt Frelinghuysen McCrery lution 444, on which the yeas and nays LaTourette Pascrell Stearns Stark Gallegly McIntyre Leach Pastor Sullivan are ordered. Stearns Garrett (NJ) Meeks (NY) Lee Paul Sweeney The Clerk read the title of the resolu- Stenholm Gerlach Menendez Levin Payne Strickland Gibbons Miller (FL) Tanner tion. Lewis (CA) Pearce Tauscher Stupak Gillmor Miller, Gary The SPEAKER pro tempore. The Lewis (GA) Pelosi Sullivan Gingrey Moran (VA) Tauzin Lewis (KY) Peterson (MN) Terry question is on the resolution. Sweeney Goss Murphy Linder Peterson (PA) Tancredo Granger Myrick Thomas This will be a 5-minute vote. Lipinski Petri Thompson (CA) The vote was taken by electronic de- Tanner Graves Nethercutt LoBiondo Pickering Tauscher Green (WI) Norwood Thompson (MS) vice, and there were—yeas 409, nays 2, Lofgren Platts Thornberry Tauzin Greenwood Nunes not voting 23, as follows: Lowey Pombo Taylor (MS) Harris Nussle Tiahrt Lucas (KY) Pomeroy Taylor (NC) Hart Ose Tiberi [Roll No. 625] Lucas (OK) Portman Terry Hefley Oxley Turner (OH) Lynch Price (NC) YEAS—409 Thomas Hensarling Pascrell Udall (CO) Majette Pryce (OH) Thompson (CA) Hill Payne Upton Abercrombie Chocola Gerlach Maloney Putnam Thompson (MS) Hobson Pearce Walden (OR) Ackerman Clay Gibbons Manzullo Quinn Thornberry Holt Pence Walsh Aderholt Clyburn Gillmor Markey Rahall Tiahrt Honda Pombo Weldon (FL) Akin Coble Gingrey Marshall Ramstad Tiberi Hostettler Porter Weldon (PA) Alexander Collins Gonzalez Matheson Rangel Tierney Hulshof Portman Weller Allen Conyers Goode Matsui Regula Towns Isakson Price (NC) Whitfield Andrews Cooper Goodlatte McCarthy (MO) Rehberg Turner (OH) Issa Pryce (OH) Wicker Baca Costello Gordon McCarthy (NY) Renzi John Putnam Wilson (SC) Bachus Cox Goss McCollum Reyes Turner (TX) Johnson (IL) Quinn Young (AK) Baird Cramer Granger McCotter Reynolds Udall (CO) Johnson, E. B. Regula Young (FL) Baker Crane Graves McCrery Rodriguez Udall (NM) Baldwin Crenshaw Green (TX) McDermott Rogers (AL) Upton NOT VOTING—21 Ballance Crowley Green (WI) McGovern Rogers (KY) Van Hollen Boyd Fletcher Ortiz Ballenger Culberson Greenwood McHugh Rogers (MI) Velazquez Brown-Waite, Gephardt Pitts Barrett (SC) Cummings Grijalva McInnis Rohrabacher Visclosky Vitter Ginny Gilchrest Radanovich Bartlett (MD) Cunningham Gutierrez McIntyre Ros-Lehtinen Barton (TX) Davis (AL) Gutknecht Walden (OR) Carson (OK) Herger Sanders McKeon Ross Bass Davis (CA) Hall Walsh Cole Jenkins Toomey McNulty Rothman Beauprez Davis (FL) Harman Wamp Cubin Kaptur Waters Meehan Roybal-Allard DeMint Lantos Becerra Davis (IL) Harris Meek (FL) Royce Waters Dingell Musgrave Bell Davis (TN) Hart Meeks (NY) Ruppersberger Watson Bereuter Davis, Jo Ann Hastings (FL) Menendez Rush Watt ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Berman Davis, Tom Hastings (WA) Mica Ryan (OH) Waxman The SPEAKER pro tempore (Mrs. Berry Deal (GA) Hayes Michaud Ryan (WI) Weiner BIGGERT) (during the vote). Members Biggert DeFazio Hayworth Millender- Ryun (KS) Weldon (FL) Bilirakis DeGette Hefley are advised there are 2 minutes remain- McDonald Sabo Weldon (PA) Bishop (GA) Delahunt Hensarling Miller (FL) Sanchez, Linda Weller ing in this vote. Bishop (NY) DeLauro Herger Miller (MI) T. Wexler Bishop (UT) DeLay Hill b 1235 Miller (NC) Sanchez, Loretta Whitfield Blackburn Deutsch Hinchey Miller, Gary Sandlin Wicker Ms. DEGETTE and Messrs. ROTH- Blumenauer Diaz-Balart, L. Hinojosa Mollohan Saxton Wilson (NM) MAN, FEENEY, WELDON of Florida, Blunt Diaz-Balart, M. Hobson Moore Schakowsky Wilson (SC) Boehlert Dicks Hoeffel Moran (KS) Schiff Wolf BACHUS, ALEXANDER, THOMPSON Boehner Doggett Hoekstra Moran (VA) Schrock Woolsey of Mississippi, CLYBURN, BOEHLERT, Bonilla Dooley (CA) Holden Murphy Scott (GA) Wu DAVIS of Florida, MORAN of Virginia, Bonner Doolittle Holt Murtha Scott (VA) Wynn and SHERMAN changed their vote Bono Doyle Honda Myrick Sensenbrenner Young (AK) Boozman Dreier Hooley (OR) Nadler Serrano Young (FL) from ‘‘yea’’ to ‘‘nay.’’ Boswell Duncan Hostettler Mrs. JO ANN DAVIs of Virginia, Mrs. Boucher Dunn Houghton NAYS—2 BONO, Mrs. MILLER of Michigan, and Bradley (NH) Edwards Hoyer Berkley Porter Brady (PA) Ehlers Hulshof Messrs. MCINNIS, GOODLATTE, Brady (TX) Emanuel Hunter NOT VOTING—23 FLAKE and CLAY changed their vote Brown (OH) Emerson Hyde Boyd Gephardt Pence Brown (SC) Engel Inslee from ‘‘nay’’ to ‘‘yea.’’ Carson (OK) Gilchrest Brown, Corrine English Isakson Pitts So the motion to instruct was agreed Carter Jenkins Brown-Waite, Eshoo Israel Radanovich Cole Kaptur to. Ginny Etheridge Issa Sanders Cubin Lantos The result of the vote was announced Burgess Evans Istook Smith (MI) DeMint Miller, George as above recorded. Burns Everett Jackson (IL) Smith (NJ) Dingell Musgrave Burr Farr Jackson-Lee Toomey A motion to reconsider was laid on Fletcher Ortiz the table. Burton (IN) Fattah (TX) Buyer Feeney Janklow ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Stated against: Calvert Ferguson Jefferson Mr. COX. Madam Speaker, on rollcall No. Camp Filner John The SPEAKER pro tempore (during 624 I inadvertently voted ‘‘aye.’’ The vote was Cannon Flake Johnson (CT) the vote). Members are reminded there closed before I could correct the mistake. Had Cantor Foley Johnson (IL) are 2 minutes remaining in this vote. Capito Forbes Johnson, E. B. I been able to do so, I would have voted ‘‘no.’’ Capps Ford Johnson, Sam b 1243 f Capuano Fossella Jones (NC) Cardin Frank (MA) Jones (OH) So the resolution was agreed to. ANNOUNCEMENT BY THE SPEAKER Cardoza Franks (AZ) Kanjorski The result of the vote was announced PRO TEMPORE Carson (IN) Frelinghuysen Keller as above recorded. Case Frost Kelly The SPEAKER pro tempore (Mrs. Castle Gallegly Kennedy (MN) A motion to reconsider was laid on BIGGERT). Pursuant to clause 8 of rule Chabot Garrett (NJ) Kennedy (RI) the table.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.013 H18PT1 H11378 CONGRESSIONAL RECORD — HOUSE November 18, 2003 THE JOURNAL Maloney Pelosi Simpson The result of the vote was announced Manzullo Pence Skelton as above recorded. The SPEAKER pro tempore. Pursu- Markey Peterson (PA) Slaughter ant to clause 8 of rule XX, the pending Marshall Petri Smith (MI) f business is the question of the Speak- Matsui Pickering Smith (NJ) McCarthy (MO) Platts Smith (TX) WALTER F. EHRNFELT, JR. POST er’s approval of the Journal of the last McCarthy (NY) Pombo Smith (WA) OFFICE BUILDING day’s proceedings. McCollum Pomeroy Snyder The question is on the Speaker’s ap- McCotter Porter Solis The SPEAKER pro tempore. The un- McCrery Portman Souder finished business is the question of sus- proval of the Journal. McHugh Price (NC) Spratt The question was taken; and the McInnis Pryce (OH) Stearns pending the rules and passing the bill, Speaker pro tempore announced that McIntyre Putnam Stenholm H.R. 3300. McKeon Quinn the ayes appeared to have it. Sullivan The Clerk read the title of the bill. Meehan Rahall Tancredo Meek (FL) Rangel The SPEAKER pro tempore. The RECORDED VOTE Tanner Meeks (NY) Regula Tauscher question is on the motion offered by Mr. MCNULTY. Madam Speaker, I Menendez Rehberg Tauzin the gentleman from Tennessee (Mr. Mica Renzi demand a recorded vote. Taylor (NC) Michaud Reyes DUNCAN) that the House suspend the A recorded vote was ordered. Terry Millender- Reynolds rules and pass the bill, H.R. 3300, on Thomas The SPEAKER pro tempore. This McDonald Rodriguez Thompson (CA) which the yeas and nays are ordered. will be a 5-minute vote. Miller (FL) Rogers (AL) Thornberry This will be a 5-minute vote. The vote was taken by electronic de- Miller (MI) Rogers (KY) Miller (NC) Rogers (MI) Tiahrt The vote was taken by electronic de- vice, and there were—ayes 361, noes 48, Miller, Gary Rohrabacher Tiberi vice, and there were—yeas 410, nays 0, answered ‘‘present’’ 2, not voting 23, as Mollohan Ros-Lehtinen Tierney not voting 24, as follows: follows: Moran (KS) Ross Towns Moran (VA) Rothman Turner (OH) [Roll No. 627] [Roll No. 626] Murphy Roybal-Allard Turner (TX) YEAS—410 Murtha Ruppersberger Upton AYES—361 Abercrombie Cole Gordon Musgrave Rush Van Hollen Ackerman Collins Goss Abercrombie Cramer Hayes Myrick Ryan (OH) Velazquez Aderholt Conyers Granger Ackerman Crenshaw Hayworth Nadler Ryan (WI) Vitter Akin Cooper Graves Aderholt Crowley Hensarling Napolitano Ryun (KS) Walden (OR) Alexander Costello Green (TX) Akin Culberson Herger Neal (MA) Sanchez, Linda Walsh Allen Cox Green (WI) Alexander Cummings Hill Nethercutt T. Wamp Andrews Cramer Greenwood Allen Cunningham Hinchey Neugebauer Sandlin Watson Baca Crane Grijalva Andrews Davis (AL) Hinojosa Ney Saxton Watt Bachus Crenshaw Gutierrez Baca Davis (CA) Hobson Northup Schiff Waxman Baird Crowley Gutknecht Bachus Davis (FL) Hoeffel Norwood Schrock Weiner Baker Culberson Hall Baird Davis (IL) Hoekstra Nunes Scott (GA) Weldon (FL) Baldwin Cummings Harman Baker Davis (TN) Holden Nussle Scott (VA) Weldon (PA) Ballance Cunningham Harris Ballance Davis, Jo Ann Holt Obey Sensenbrenner Wexler Barrett (SC) Davis (AL) Hart Barrett (SC) Davis, Tom Honda Osborne Serrano Whitfield Bartlett (MD) Davis (CA) Hastings (FL) Bartlett (MD) Deal (GA) Hooley (OR) Ose Sessions Wicker Barton (TX) Davis (FL) Hastings (WA) Barton (TX) DeGette Hostettler Otter Shadegg Wilson (NM) Bass Davis (IL) Hayes Bass Delahunt Houghton Owens Shaw Wilson (SC) Beauprez Davis (TN) Hayworth Beauprez DeLauro Hoyer Oxley Shays Wolf Becerra Davis, Jo Ann Hefley Becerra DeLay Hunter Pallone Sherman Woolsey Bell Davis, Tom Hensarling Bell Deutsch Hyde Pascrell Sherwood Wu Bereuter Deal (GA) Herger Bereuter Diaz-Balart, L. Inslee Paul Shimkus Wynn Berkley DeFazio Hill Berkley Diaz-Balart, M. Isakson Payne Shuster Young (AK) Berman DeGette Hinchey Berman Dicks Israel Pearce Simmons Young (FL) Biggert Doggett Issa Berry Delahunt Hinojosa Bilirakis Dooley (CA) Istook NOES—48 Biggert DeLauro Hobson Bishop (GA) Doolittle Jackson (IL) Bilirakis DeLay Hoeffel Baldwin Hastings (FL) Peterson (MN) Bishop (NY) Doyle Jackson-Lee Bishop (GA) Deutsch Hoekstra Berry Hefley Ramstad Bishop (UT) Dreier (TX) Bishop (NY) Diaz-Balart, L. Holden Brady (PA) Hulshof Sabo Blackburn Duncan Janklow Bishop (UT) Diaz-Balart, M. Holt Brown, Corrine Kennedy (MN) Sanchez, Loretta Blumenauer Dunn Jefferson Blackburn Dicks Honda Capuano Kucinich Schakowsky Blunt Edwards John Blumenauer Doggett Hooley (OR) Costello Latham Stark Boehlert Emanuel Johnson (CT) Blunt Dooley (CA) Hostettler Crane LoBiondo Strickland Boehner Emerson Johnson (IL) Boehlert Doolittle Houghton DeFazio Matheson Stupak Bonilla Engel Johnson, E. B. Boehner Doyle Hoyer English McDermott Sweeney Bonner Eshoo Johnson, Sam Bonilla Dreier Hulshof Filner McGovern Taylor (MS) Bono Etheridge Jones (NC) Bonner Duncan Hunter Ford McNulty Thompson (MS) Boozman Evans Jones (OH) Bono Dunn Hyde Fossella Miller, George Udall (CO) Boswell Everett Kanjorski Boozman Edwards Inslee Gillmor Moore Udall (NM) Boucher Farr Keller Boswell Emanuel Isakson Green (TX) Oberstar Visclosky Bradley (NH) Fattah Kelly Boucher Emerson Israel Grijalva Olver Waters Brown (OH) Feeney Kennedy (RI) Bradley (NH) Engel Issa Gutknecht Pastor Weller Brown (SC) Ferguson Kildee Brady (PA) English Istook Brown-Waite, Flake Kilpatrick ANSWERED ‘‘PRESENT’’—2 Brown (OH) Eshoo Jackson (IL) Ginny Foley Kind Brown (SC) Etheridge Jackson-Lee Burgess Forbes King (IA) Carson (IN) Majette Brown, Corrine Evans (TX) Burns Frank (MA) King (NY) NOT VOTING—23 Brown-Waite, Everett Janklow Burr Franks (AZ) Kingston Ginny Farr Jefferson Burton (IN) Frelinghuysen Kirk Ballenger Ehlers Lewis (KY) Burgess Fattah John Buyer Frost Kleczka Boyd Fletcher Ortiz Burns Feeney Johnson (CT) Calvert Gallegly Kline Brady (TX) Gephardt Pitts Burr Ferguson Johnson (IL) Camp Garrett (NJ) Knollenberg Carson (OK) Gilchrest Radanovich Burton (IN) Filner Johnson, E. B. Cannon Gerlach Kolbe Cole Jenkins Royce Buyer Flake Johnson, Sam Cantor Gibbons LaHood Cubin Kaptur Sanders Calvert Foley Jones (NC) Capito Gingrey Lampson DeMint Lantos Toomey Camp Forbes Jones (OH) Capps Gonzalez Langevin Dingell Larsen (WA) Cannon Ford Kanjorski Cardin Goode Larson (CT) Cantor Fossella Keller ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cardoza Goodlatte LaTourette Capito Frank (MA) Kelly Carter Gordon Leach The SPEAKER pro tempore (Mrs. Capps Franks (AZ) Kennedy (MN) Case Goss Lee BIGGERT) (during the vote). Members Capuano Frelinghuysen Kennedy (RI) Castle Granger Levin are advised 2 minutes remain in this Cardin Frost Kildee Chabot Graves Lewis (CA) Carson (IN) Gallegly Kilpatrick Chocola Green (WI) Lewis (GA) vote. Carter Garrett (NJ) Kind Clay Greenwood Linder Case Gerlach King (IA) Clyburn Gutierrez Lipinski Castle Gibbons King (NY) Coble Hall Lofgren b 1251 Chabot Gillmor Kingston Collins Harman Lowey Ms. WATERS changed her vote from Chocola Gingrey Kirk Conyers Harris Lucas (KY) Clay Gonzalez Kleczka Cooper Hart Lucas (OK) ‘‘aye’’ to ‘‘no.’’ Clyburn Goode Kline Cox Hastings (WA) Lynch So the Journal was approved. Coble Goodlatte Knollenberg

VerDate jul 14 2003 06:23 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.037 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11379 Kolbe Nunes Sherman 1300 lay off thousands of workers. In addi- Kucinich Nussle Sherwood LaHood Oberstar Shimkus tion, this summer’s great blackout ex- APPOINTMENT OF CONFEREES ON posed the vulnerability of our Nation’s Lampson Obey Shuster H.R. 2673, AGRICULTURE, RURAL Langevin Olver Simmons deteriorating electricity grids. It is ab- Larson (CT) Osborne Simpson DEVELOPMENT, FOOD AND DRUG solutely critical that Congress approve Latham Ose Skelton ADMINISTRATION, AND RELATED a comprehensive national energy bill LaTourette Otter Slaughter AGENCIES APPROPRIATIONS Leach Owens Smith (MI) this year so that all Americans will Lee Oxley Smith (NJ) ACT, 2004 have access to more efficient, afford- Levin Pallone Smith (TX) The SPEAKER pro tempore (Mrs. able, and environmentally responsible Lewis (CA) Pascrell Smith (WA) Lewis (GA) Pastor Snyder BIGGERT). Without objection, the Chair energy supplies. As a Nation, we sim- Lewis (KY) Paul Solis appoints the following conferees: ply cannot afford to wait any longer Linder Payne Souder Messrs. Young of Florida, REGULA, for this important legislation. Lipinski Pearce Spratt I am pleased, therefore, that later LoBiondo Pence Stark LEWIS of California, WOLF, WALSH, Lofgren Peterson (MN) Stearns HOBSON, BONILLA, KINGSTON, FRELING- today the House will have an oppor- Lowey Peterson (PA) Stenholm HUYSEN, NETHERCUTT, LATHAM, GOODE, tunity to pass a conference report on Lucas (KY) Petri Strickland LAHOOD, OBEY, MURTHA, MOLLOHAN, H.R. 6 that clearly meets these impera- Lucas (OK) Pickering Stupak tives. The conference agreement im- Lynch Platts Sullivan Ms. KAPTUR, Mr. SERRANO, Ms. Majette Pombo Sweeney DELAURO, and Messrs. HINCHEY, FARR, proves our Nation’s electricity trans- Maloney Pomeroy Tancredo BOYD and FATTAH. mission capacity and reliability. It Manzullo Porter Tanner There was no objection. promotes a cleaner environment by en- Markey Portman Tauscher couraging new innovation and the use Marshall Price (NC) Tauzin f Matheson Pryce (OH) Taylor (MS) of alternative power sources. Matsui Putnam Taylor (NC) WAIVING POINTS OF ORDER The bill also authorizes $200 million McCarthy (MO) Quinn Terry for the Clean Cities program, which McCarthy (NY) Rahall Thomas AGAINST CONFERENCE REPORT McCollum Ramstad Thompson (CA) ON H.R. 6, ENERGY POLICY ACT will provide grants to State and local McCotter Rangel Thompson (MS) OF 2003 governments to acquire alternative McCrery Regula Thornberry fueled vehicles. The agreement pro- McDermott Rehberg Tiahrt Mr. HASTINGS of Washington. motes clean coal technology and pro- McGovern Renzi Tiberi Madam Speaker, by direction of the vides incentives for renewable sources McHugh Reyes Tierney Committee on Rules, I call up House McInnis Reynolds Towns such as biomass, wind, solar, geo- McIntyre Rodriguez Turner (OH) Resolution 443 and ask for its imme- thermal and hydroelectricity. It also McKeon Rogers (AL) Turner (TX) diate consideration. provides leadership in energy conserva- McNulty Rogers (KY) Udall (CO) The Clerk read the resolution, as fol- tion by establishing new mandatory ef- Meehan Rogers (MI) Udall (NM) lows: Meek (FL) Rohrabacher Upton ficiency requirements for Federal Meeks (NY) Ros-Lehtinen Van Hollen H. RES. 443 buildings and higher standards and Menendez Ross Velazquez Resolved, That upon adoption of this resolu- Mica Rothman Visclosky stricter labeling for a variety of en- Michaud Roybal-Allard Vitter tion it shall be in order to consider the con- ergy-consuming commercial products. Millender- Ruppersberger Walden (OR) ference report to accompany the bill (H.R. 6) to The conference report allows for McDonald Rush Walsh enhance energy conservation and research and stepped up natural gas exploration and Miller (FL) Ryan (OH) Wamp development, to provide for security and diver- development in the Gulf of Mexico and Miller (MI) Ryan (WI) Waters sity in the energy supply for the American peo- Miller (NC) Ryun (KS) Watson ple, and for other purposes. All points of order permits construction of a natural gas Miller, Gary Sabo Watt against the conference report and against its pipeline from Alaska’s North Slope to Miller, George Sanchez, Linda Waxman the Lower 48. The bill also decreases Mollohan T. Weiner consideration are waived. The conference report Moore Sanchez, Loretta Weldon (FL) shall be considered as read. America’s dangerous dependence on Moran (KS) Sandlin Weldon (PA) The SPEAKER pro tempore. The gen- foreign oil by increasing domestic oil Moran (VA) Saxton Weller tleman from Washington (Mr. and gas exploration and development Murtha Schakowsky Wexler on nonpark Federal lands and by ex- Musgrave Schiff Whitfield HASTINGS) is recognized for 1 hour. Myrick Schrock Wicker Mr. HASTINGS of Washington. panding the Strategic Petroleum Re- Nadler Scott (GA) Wilson (NM) Madam Speaker, for the purpose of de- serve capacity to 1 billion barrels. Napolitano Scott (VA) Wilson (SC) bate only, I yield the customary 30 The bill encourages more nuclear and Neal (MA) Sensenbrenner Wolf hydropower production by authorizing Nethercutt Serrano Woolsey minutes to the ranking minority mem- Neugebauer Sessions Wu ber of the Committee on Rules, the the Department of Energy to develop Ney Shadegg Wynn accelerated programs for the produc- gentleman from Texas (Mr. FROST), Northup Shaw Young (AK) tion and supply of energy and sets the pending which I yield myself such time Norwood Shays Young (FL) stage for building badly needed nuclear as I may consume. During consider- power plants by reauthorizing the NOT VOTING—24 ation of this resolution, all time yield- Price-Anderson Act. Ballenger Ehlers Murphy ed is for the purpose of debate only. Finally, Mr. Speaker, as a Member Boyd Fletcher Ortiz (Mr. HASTINGS of Washington asked Brady (TX) Gephardt Pelosi who represents a region heavily de- Cardoza Gilchrest Pitts and was given permission to revise and pendent on hydroelectric power, I am Carson (OK) Jenkins Radanovich extend his remarks.) pleased that the conferees included bi- Cubin Kaptur Royce Mr. HASTINGS of Washington. DeMint Lantos Sanders partisan reforms of the lengthy and Dingell Larsen (WA) Toomey Madam Speaker, House Resolution 443 costly hydrorelicensing process. These is a rule providing for the consider- reforms will maintain environmental ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ation of the conference report to ac- standards while providing utilities the The SPEAKER pro tempore (during company H.R. 6, the Energy Policy Act flexibility to reduce their costs in the vote). Members are advised 2 min- of 2003. The rule waives all points of achieving those standards. utes remain in this vote. order against the conference report and Mr. Speaker, the Nation needs this its consideration and provides that the energy bill, and it needs it now. Ac- conference report shall be considered cordingly, I urge my colleagues to sup- b 1300 as read. port both the rule and the underlying So (two-thirds having voted in favor Over the past several months, more conference report. thereof) the rules were suspended and and more Americans have experienced Mr. Speaker, I reserve the balance of the bill was passed. firsthand the crippling effects of Amer- my time. ica’s outdated energy systems. For ex- Mr. FROST. Mr. Speaker, I yield my- The result of the vote was announced ample, natural gas supply shortages re- self such time as I may consume. as above recorded. sulting from conflicting government (Mr. FROST asked and was given per- A motion to reconsider was laid on policies have caused home heating bills mission to revise and extend his re- the table. to skyrocket and forced businesses to marks.)

VerDate jul 14 2003 06:29 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.019 H18PT1 H11380 CONGRESSIONAL RECORD — HOUSE November 18, 2003 Mr. FROST. Mr. Speaker, we live in a refuse to pay for energy tax breaks, es- their enactment have some of the pro- dangerous world, a place where Amer- pecially since they have repeatedly visions come back to haunt the Con- ica’s major oil supplies can be dis- blocked needed financing for veterans gress.’’ rupted by Middle East dictators. And health care and homeland security by Mr. Speaker, that is why Democrats here at home, we have seen the eco- insisting that those priorities be paid on the Committee on Rules yesterday, nomic disruption that resulted from for. But I am sure that that expla- and this morning, urged Republicans to the distortion of the domestic delivery nation will not be part of the Repub- allow Members, the public and the of electricity by those eager to game lican talking points today. Instead, we press 3 days to examine the final con- the system. We all agree that a com- are going to see Republican Members ference report in detail. That is what prehensive energy policy could help march down here to the floor to blithe- the rules of the House require, and it is move this country toward greater en- ly sing the praises of a nearly 1,000- the only way to allow Members to ergy independence and could prevent page bill that almost none of them make an informed decision about this the kind of high rates that victimized have read. conference report. But, apparently, Re- millions of people throughout the West The truth is, almost no one knows publicans do not want anyone to read several years ago. what is really in this conference re- this massive bill. Because instead of So, Mr. Speaker, I share the dis- port. And almost no one knows which giving Members more time to examine appointment that so many Members special interest got what special favor, it, they are waiving the House rules to feel about the nearly 1,000-page energy and how much it will ultimately cost rush it through the House today. It was conference report that Republicans re- American taxpayers. That is because nearly 3 a.m. today, Mr. Speaker, be- leased just before 3 a.m. this morning, this bill ended as it started, in secrecy. fore House Republicans made the final only a few short hours ago. Make no It began in 2001 with Vice President conference report available, leaving mistake, it contains some good provi- CHENEY’s infamous energy task force. Members with just a few short hours to sions, like tax incentives for small, And since the White House still refuses read all 1,000 pages before voting on it. independent oil and gas producers. It to come clean with the American peo- This is not just an outrageous abuse of also gives the Federal Energy Regu- ple about its secret dealings with Big the process; it is an insulting attempt latory Commission new authority to Energy executives, it should come as to pull the wool over the eyes of the establish mandatory reliability stand- no surprise that this bill was finally American people. ards for utilities, as well as the power pasted together last week in the back Mr. Speaker, Members have only one to sanction utilities that do not com- room of some Capitol hideaway, far re- way to defend the public against this ply with them. And I am glad that moved from the scrutiny of the public. abuse, by voting ‘‘no’’ on the important Democrats have beaten back the Re- Neither should it surprise anyone parliamentary vote known as the pre- publican plan to spoil the Arctic Na- that one of the provisions buried in vious question. If it is defeated, I will tional Wildlife Refuge. But it rep- this massive bill would permanently amend the rule to ensure that all Mem- resents a missed opportunity, and it establish Mr. CHENEY’s energy task bers have 3 days to examine the nearly demonstrates the dangerous arrogance force in the White House, guaranteeing 1,000 pages of this conference report be- of this all-Republican government. for it the secrecy the Bush administra- Mr. Speaker, Democrats support a fore voting on it, as the rules of the tion so adamantly demands. Or that balanced, comprehensive energy policy. House require. Republicans have violated the rules in We have proposed a plan to increase Make no mistake, a ‘‘no’’ vote on the order to sneak into the conference re- America’s energy independence, previous question will not defeat this port numerous provisions that were strengthen the economy, and protect conference report. It will only give not part of the original bills passed by the clean air and water that we all Members a chance to actually read it. either the House or the Senate. value. Over and over again, we have But a ‘‘yes’’ vote will allow Republican Yesterday, Rules Committee Demo- tried to work with Republicans to pass leaders to circumvent the rules of the crats wrote Chairman DREIER asking such a plan but, true to form, Repub- House for no reason except to keep for a list of all the new provisions that licans have repeatedly refused to work Members, the public, and the press in violate the rules of the House, but Re- with us. For this conference, they re- the dark. publicans refuse to publicize them. We treated to the secrecy of the back room Mr. Speaker, I reserve the balance of do know that Republicans waived a to hold their discussions. They hid my time. Clean Air Act requirement aimed at their negotiations in little rooms not Mr. HASTINGS of Washington. Mr. cleaning up air pollution in metropoli- open to anyone but a very few and shut Speaker, I yield myself 2 minutes. tan areas like my Dallas-Fort Worth out Members who were legitimately Mr. Speaker, I want to engage in a part of the conference process. home, despite my opposition and that colloquy with the chairman of the In doing so, Republicans ignored of other area officials, like the gentle- Committee on Energy and Commerce Members who represent nearly half of woman from Dallas, Texas (Ms. EDDIE concerning provisions of the conference America, Members with extensive ex- BERNICE JOHNSON) who led the fight report of importance to the citizens of pertise in energy policy. They brought against it in the House. And it will not the Pacific Northwest who receive the in Vice President CHENEY to broker surprise anyone when we discover, long majority of their electricity from hy- deals but refused to work with the dean after this bill has passed, that this con- droelectric dams. of the House, the gentleman from ference report contains other hidden Mr. Speaker, I commend the chair- Michigan (Mr. DINGELL), a man who special favors for Republican special man and conferees for agreeing to sec- has probably passed more energy legis- interests that had access to the final tion 231 of the conference report, a set lation than anyone in American his- back-room negotiations that were of long overdue reforms to the process tory. They even shut out those Demo- closed to everyone else. for the relicensing of non-Federal hy- cratic conferees who voted for the Mr. Speaker, that is the danger that droelectric projects. However, I want original legislation when it passed the some of my Republican colleagues on to ensure that these provisions are in- House. the Committee on Rules warned of a tended to apply immediately. Can the Ultimately, that is why this con- few years ago. In a 1993 report entitled, chairman provide this assurance? ference report is so disappointing in so ‘‘The Decline of Deliberative Democ- Mr. TAUZIN. Mr. Speaker, will the many respects. For instance, Repub- racy in the People’s House,’’ Chairman gentleman yield? licans refuse to pay for even the $23 bil- DAVID DREIER and Representatives Mr. HASTINGS of Washington. I lion that the tax provisions will cost PORTER GOSS, DEBORAH PRYCE, and yield to the gentleman from Louisiana. U.S. taxpayers. Instead, they are sim- LINCOLN DIAZ-BALART wrote, ‘‘The Mr. TAUZIN. Yes, I can. The con- ply increasing a Republican budget def- House and Senate have been repeatedly ferees intend that section 231 of the icit that is already hovering around embarrassed over the years by con- conference agreement shall go into ef- $500 billion, and that will raise the Re- ference reports on voluminous pieces of fect immediately upon enactment and publican debt tax on all Americans. legislation which have been voted on be available to license applicants in all Mr. Speaker, it would be interesting before even properly printed or distrib- ongoing and future hydroelectric li- to hear Republicans explain why they uted, let alone understood. Only after censing proceedings under the Federal

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.044 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11381 Power Act. The conferees also note been prevented if the system had not ing water. In New York State alone, that section 231 is intended to com- been neglected. If reliability had been over 1,500 sites have been contami- plement, not undo, the reforms to the fostered, and if the correct incentives nated. This carcinogen, MTBE, has licensing process recently implemented for maintenance, modernization, and been added to gasoline as an octane by the Federal Energy Regulatory expansion of our electricity grid had enhancer since the 1970’s, and over Commission. been created by an energy policy. these past 30 years, the public has Mr. HASTINGS of Washington. I Americans would not have been left learned that MTBE can cause, among thank the chairman for these clarifica- hunting for candles or stranded in sub- other things, lymphoma, liver, testic- tions and his leadership in the develop- way cars. The lack of a modern and co- ular and kidney tumors. Outrageously, ment of national energy legislation. herent energy policy to ensure a con- the MTBE industry knew of the chemi- Mr. Speaker, I am pleased to yield 4 sistent supply of energy left us very cal’s environmental dangers before put- minutes to the gentlewoman from Ohio vulnerable. Approving a comprehensive ting it into widespread use, according (Ms. PRYCE), a member of the Com- overhaul of our energy system will ac- to the United States Conference of mittee on Rules. complish two very important objec- Mayors. Ms. PRYCE of Ohio. Mr. Speaker, I tives: It will enhance our national se- Responding to the serious public would like at this point to engage the curity, and it will strengthen our econ- health threat posed by MTBE, the New chairman in a colloquy as well. omy through job creation. York legislature passed, and Governor Mr. Chairman, I seek clarification of We are making incredible progress on Pataki signed, legislation to ban the section 704 which amends section 303(c) a prescription drug bill that will pass use, sale, or importation of fuels con- of the Energy Policy Act. I understand in a few days, I believe, but before our taining MTBE. Upon signing the legis- there are basically two ways vehicles seniors can worry about drugs, they lation, Governor Pataki said that ‘‘the are procured by Federal agencies. Ei- have to be able to keep themselves use of MTBE in gasoline has significant ther GSA acquires the vehicles and warm at night. So the leadership of environmental impacts on ground- sells or leases them to agencies or in this House has worked tirelessly to en- water’’ and ‘‘New Yorkers deserve some cases agencies may acquire the sure that we formulate an energy pol- clean air and water.’’ vehicles directly. icy that keeps the lights on while Mr. Speaker all Americans deserve and expect clean water and clean air, b 1315 lighting the fire of our economy. This bipartisan plan will create nearly 1 but unfortunately while New York and Is it the intent of this provision to million jobs in the energy and manu- other States like California and Con- require GSA to allocate the incre- facturing sectors, recovering some of necticut are taking steps to protect mental cost of all alternative vehicles the lost jobs that high energy prices our water, this energy bill conference it procures for other agencies, either have stripped from Americans. This report would take steps not to protect by lease or purchase, so that the costs plan will put construction workers the public, but to protect the MTBE are allocated on a Federal Govern- back to work. It will put truck drivers manufacturers at the expense of their ment-wide basis and not just across the back on the road transporting raw ma- health. vehicles procured by an individual terials for our energy needs and engi- The 1,700-page conference report on agency? In other words, under this neers back on their jobs designing a the Energy Policy Act, finalized in the amendment will GSA be required to al- modern energy system that will propel dark this morning, hands the MTBE locate the incremental cost of all alter- us into the 21st century. This is how it manufacturers a lucrative gift of liabil- native fuel vehicles it procures each should be. This is how our economy ity protection. Manufacturers are year across the entire fleet it is respon- and our energy sector should work to- shielded from lawsuits for making a de- sible for? gether, strengthening, rather than fective product, and they are handed a Mr. TAUZIN. Mr. Speaker, will the weakening, each other. $2 billion check during a 10-year phase- gentlewoman yield? And, lastly, this bill will increase our out period. The legal immunity be- Ms. PRYCE of Ohio. I yield to the supply and use of renewable fuels and, stowed upon MTBE manufacturers pro- gentleman from Louisiana. very importantly to Ohio, ethanol. tects these producers from any case Mr. TAUZIN. Mr. Speaker, that is in- Ethanol makes our gas burn more filed in the future and all cases pre- deed our intent. Our purpose in requir- cleanly and helps our skies become viously filed. ing GSA to spread this incremental more clear. The bill contains impor- I could go ahead about this, but the cost across the entire Federal fleet is, tant steps towards fixing the ethanol fact is that there were about four in fact, to remove the cost disincentive tax penalty on the Highway Trust champions here who have had MTBE for some Federal agencies, to improve Fund. This fix could mean more than made in their districts in Texas and EPACT compliance, and to minimize $100 million for Ohio’s transportation Louisiana. I want to urge all New the overall cost to the Federal fleet. needs alone. Yorkers who hear my voice to vote Ms. PRYCE of Ohio. Mr. Speaker, I Now is the time when the rubber against this bill because there is a $29 thank the chairman for that clarifica- meets the road. Let us pass this bill billion unfunded mandate that goes to tion, and I will proceed with my state- without further ado and demonstrate the people of the country to pay be- ment. our commitment to keeping the lights cause we make sure the manufacturer I thank the gentleman for yielding on in America’s homes and businesses does not. me this time. I rise today in support of and our commitment to keeping Amer- Mr. HASTINGS of Washington. Mr. this rule and the underlying bill that icans at work. Speaker, I yield 2 minutes to the gen- will make much needed improvements Mr. Speaker, I urge adoption of this tlewoman from Illinois (Mrs. BIGGERT). in the efficiency and security of our fair rule and look forward to what I ex- Mrs. BIGGERT. Mr. Speaker, I thank Nation’s energy supply. Three months pect to be a very spirited debate today. the gentleman for yielding me this ago we experienced a blackout in the Mr. FROST. Mr. Speaker, I yield 3 time. Midwest and Northeast unlike any- minutes to the gentlewoman from New Mr. Speaker, I rise in strong support thing we have seen in almost 20 years. York (Ms. SLAUGHTER). of the rule and the conference report We never want to see a dark day like (Ms. SLAUGHTER asked and was on H.R. 6, the Energy Policy Act. After that again, a day where storefronts are given permission to revise and extend a series of fits and starts over the past dark, factories are shuttered, and the her remarks.) 3 years, Congress now stands ready to economy is brought to a halt. The re- Ms. SLAUGHTER. Mr. Speaker, I approve the first comprehensive na- percussions of that day stretched far thank the gentleman from Texas for tional energy policy in more than a beyond the cities directly affected. yielding me this time. decade. As chairman of the Energy They made every American feel vulner- Mr. Speaker, the health of the Amer- Subcommittee of the House Committee able. They made every American won- ican public could be seriously threat- on Science, I am honored to have der if their city was next. And after the ened. All across the United States for helped develop this legislation which lights came back on, everyone agreed the past 30 years, a cancer-causing addresses not only our immediate en- on one thing, that the crisis could have chemical has contaminated our drink- ergy problems, but also makes a much-

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.045 H18PT1 H11382 CONGRESSIONAL RECORD — HOUSE November 18, 2003 needed and sustained investment in significant recommendations were dili- body, including the American public basic science and applied energy re- gently ignored. I suspect the comments and the Members of this body, espe- search that will lead to future energy of lobbyists were met with vastly more cially on this side of the aisle. This is solutions. success. an outrageous rule. Vote no on the The national energy policy proposed With regard to the controversial pro- rule. Vote no on the previous question. by President Bush 2 years ago, and this visions of the bill relating to elec- And when the Members get a chance, conference report, both emphasize the tricity, ethanol, and taxes, Democrats vote no on this outrageous legislation. use of advanced technology to expand were never allowed to see any drafts Mr. HASTINGS of Washington. Mr. and diversify our energy supply, meet until Saturday. We had no input in Speaker, I yield 3 minutes to the dis- growing demand and reduce the envi- these matters. The rule waives the 3- tinguished gentleman from Louisiana ronmental impact of energy production day layover rule for conference reports, (Mr. TAUZIN), chairman of the Com- and use. Advanced energy technologies yet one more attempt to prevent Mem- mittee on Energy and Commerce. grow out of basic-science and applied- bers of this body from having adequate Mr. TAUZIN. Mr. Speaker, I thank energy research like that supported by opportunity to review the bill. the gentleman for yielding me this the Department of Energy at our uni- My Republican colleagues have de- time. versities and national laboratories. It cided to totally ignore any rules on First of all, let me thank the Com- is this kind of R and D that will be scope. For example, there are amend- mittee on Rules for the expeditious strengthened by the passage of this ments to the Clean Air Act that are handling of this rule so that we can get conference report. neither bill. They have salted the re- to the final vote, we hope, on the en- America now has the motivation per- port with dozens of special interest ergy conference report, which was ap- haps like no other time since the oil provisions, many of which were put in proved last night in open conference on crisis of the 1970’s to find newer and the tax title. Speaking of the tax title, a voice vote on the House side and was better ways to meet our energy needs. it has grown like Topsey to $23 billion, approved on the Senate side by a ten to But America also has the ingenuity nearly three times the amount re- three bipartisan vote. I wish to remind my colleagues that and the expertise to meet our future quested by the administration. So when this bill passed the House in energy demands and promote energy much for Republican fiscal discipline. April that it indeed was a bipartisan conservation, and we can do so in envi- We held a conference meeting yester- vote that sent it into the conference. ronmentally responsible ways that set day that helped shed some light on the And despite some of the rhetoric on the a standard for the world. bill, but little more. The Senate adopt- bill, let me give the House some actual Mr. Speaker, I do not believe that af- ed seven amendments on a bipartisan basis. Within minutes, however, of the facts. fordable energy and a clean and safe The facts are that this is not at all a beginning of the debate on these rec- environment are mutually exclusive. bill written in some dark room like ommendations on the House side, my We can have both at the same time if conferees meeting in secret. There Republican colleagues moved to reject we put technology to work and cut were nine public meetings to debate all but two of the provisions they had some of the 1970’s-style government red the comprehensive national energy bill tape that has stifled the development previously worked out, and without de- since the year 2002. of new supplies and infrastructure. bate the Senate then agreed. I urge my colleagues to support this I note the conference report includes b 1330 rule and the conference report which a 139-page statement of the managers, That comprised about 24 hours and 47 uses science and technology to put nearly all of which relate to the tax minutes of meetings. In fact, since 2001, America on the path toward a more se- portions. These pages on taxes were there have been 28 hearings, public cure and independent energy future. not made available to the conferees be- meetings and hearings on this bill. In Mr. FROST. Mr. Speaker, I yield 4 fore the report was made available. 2003, there was 7 hours and 22 amend- minutes to the gentleman from Michi- I am unable to support this bill for a ments considered in the Committee on gan (Mr. DINGELL), the ranking mem- number of substantive reasons, and I Energy and Commerce alone, not ber of the committee. cannot recommend that the House counting all the other committees of (Mr. DINGELL asked and was given should do so. I will discuss them during the House that have worked on this permission to revise and extend his re- the debate on the conference report. bill. The full committee markup took marks.) The bill is an assault upon the Nation’s 15 hours, with 58 amendments consid- Mr. DINGELL. Mr. Speaker, as a environment. Rollbacks of the Clean ered. And again, last night in the con- ranking member of the House conferees Air Act and Clean Water Act, attacks ference, we considered another dozen or on this energy bill, I would observe on the Nation’s rivers and the con- so amendments, several of which were that like most of the other House con- servation provisions that protect fish adopted as we made our final offer to ferees on the Democratic side, I was a and wildlife, abusive new provisions the Senate. conferee in name only. We had a cere- conferring special benefits on electrical So, indeed, there have been a lot of monial meeting to start it out, created utilities. The bill harms consumers and public meetings and a lot of discussion. no change in the bill. It was followed investors by repealing the Public Util- This process has gone on now for 3 by a ceremonial meeting last night in ity Holding Company Act and refuses years. Much of the conference com- which, again, no significant changes to address the abuses of Enron and mittee report was worked out in con- were made in the bill, which was writ- other companies that gouge consumers ference with the Senate in last year’s ten in the dark by, for, and with the as- in California and other States west of session in which about 60 or 70 percent sistance of the different special inter- the Rockies. Finally, the bill includes of the conference work was done. In ad- ests. unattainable and massive subsidies to dition to which, in this year, in this The conference on this bill does not industry that are unlikely to affect the conference, there were over 10 meetings reflect well on this body. Questions energy needs of the country. between Republican and Democratic began early when the Senate decided to I have worked on a lot of comprehen- staff to work out details of the draft; pass last year’s energy bill and then to sive energy and environmental bills and, in fact, there were 48 hours of dis- ignore its contents. Since the con- during my time in this Chamber. All of cussion in those 10 meetings. ference began, Democratic conferees them were the result of extensive bi- In short, there have been extensive were not invited to any substantive partisan cooperation. This is the first public hearings and debate, and today I discussions. We have been forced to energy bill I have had to oppose, and I hope we will have the final debate on read the papers to find out what is in regret that we were not permitted to the most comprehensive energy policy the bill. develop a bipartisan bill that will bring perhaps this country has ever seen, cer- The Record must be clear. Democrats real benefits to all Americans. Instead, tainly in the last 10 years, at a time were only provided drafts of certain ti- we have before us a mishmash of con- when this country desperately needs tles of the bill at the same time they troversial special interest proposals energy security, affordability, and reli- are made available to the public. that were drafted in the dark of the ability. Never has there been a down- Democratic staff made comments, but night with little participation by any- turn in the U.S. economy that has not

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.047 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11383 been related to some prices in energy; water program in H.R. 6. The program ited by size and scope, the vagaries of the and the downturn we recently experi- will establish a unique partnership be- budget cycle, and the lack of incentives for enced has been associated with high tween government and industry to help public/private partnerships. In the energy prices, shortages, blackouts, and, in ensure its objectives to meet midterm arena especially, industry leadership and input some cases, a loss of jobs and loss of gas demand through development of is critical to success. Further, the program is personal security, because plants have these two technically challenged, but terminated after 10 years. This type of focus shut down and begun to talk about potentially prolific, provinces. Fur- and deadline will encourage the kind of ‘‘ruth- moving out of this great country. This ther, the program would pay for itself. less execution’’ we will need to meet U.S. gas bill is critical to stopping that job loss, Mr. Speaker, too often government demand over the next decade. to building another 800,000 to 1 million research programs are limited by size Permit me to make several points on spe- new jobs in this economy, and to cre- and scope and vagaries of the budget cific congressional intent relative to the pro- ating new initiatives in conservation cycle and lack of incentives, but this gram. The program has two large subparts: and renewable fuels and vast new ini- type of focus and deadline will encour- the Ultra-deepwater Program and the Uncon- tiatives to make sure that we burn age the kind of ruthless execution we ventional Onshore Program. cleaner fuels and that, in fact, this will need to meet the U.S. gas demand It has always been the intent of the authors country is better off as we move into over the next decade. that the Ultra-deepwater Program would be an economic future that all of us want Mr. Speaker, I am pleased that the con- managed through a program consortium of and desire for our country. ference has included the Ultra-deepwater and academia, industry and research institutions, Mr. Speaker, I urge adoption of the Unconventional Onshore Natural Gas Re- selected through a competitive solicitation rule, and later I will urge adoption of search and Development Program in the con- managed by the Department of Energy. The the bill. ference repro to accompany H.R. 6. This im- expertise in the ultra-deepwater resides with Mr. FROST. Mr. Speaker, I yield 2 portant provision would establish a new re- academia, researchers and industry, not with minutes to the gentleman from Texas search and development program for these the government; this knowledge and experi- (Mr. HALL). technically challenged regions to help the US ence is critical to the success of the program. (Mr. HALL asked and was given per- to meet its midterm gas demand with domestic We further intend that the program consortium mission to revise and extend his re- resources. should, to the maximum extent possible, man- marks.) As the original author in the last Congress age this program through large research con- Mr. HALL. Mr. Speaker, I thank the and coauthor with chairman BOEHLERT this sortia that will drive toward high-level produc- ranking member for yielding me this year, we are also pleased that the language of tion and royalty revenue goals. time. the report generally follows the intent and sub- The Unconventional Onshore R&D program I am pleased that the conference has stance of the provision as reported from the would be managed by the Department of En- included the Ultra-deepwater and Un- Science Committee. ergy, which has previous experience in man- conventional Onshore Natural Gas Re- Mr. Speaker, natural gas prices have eased aging such programs. It is our clear intent search and Development program in somewhat as we enter the fall. But we should however, that DOE manage this program the conference report to accompany not be complacent about the need to invest in through substantial research consortia that are H.R. 6. This important provision would securing future supplies of natural gas. The resource-based—as opposed to regionally establish a new research and develop- Energy Information Administration says de- based—and that are large enough, in both ment program for these technically mand for natural gas will rise by over 50 per- funding and participation, to make a substan- challenged regions to help the U.S. to cent in the next two decades. Let’s be clear tial difference in gas and other petroleum pro- meet its midterm gas demand with do- about our options for supply. The United duction. A historic example of successful re- mestic resources. States is not running out of natural gas. We search consortia is found in the industry/aca- As the original author in the last have nearly 1,500 trillion cubic feet of tech- demia/Gas Research Institute effort on coal- Congress and as coauthor this year, I nically recoverable reserves—more than a 50- bed methane that after roughly 10 years and am also pleased that the language in year supply. a $140 million investment, transformed coal- the report generally follows the intent Let’s also be clear about the nature of these bed methane from a hazard into approximately and substance of the provision as re- remaining reserves. Many of them are on Fed- 8 percent of our domestic gas production. ported from the Committee on Science. eral lands and are off limits to production by It is our responsibility in Congress to do ev- Mr. Speaker, natural gas prices have virtue of rules, regulations and outright mora- erything we can to ensure consumers and eased somewhat as we enter this fall, toria. These legal access restrictions are ad- businesses that energy supplies will be abun- but we should not be complacent about dressed elsewhere in H.R. 6. dant, affordable, and reliable, as well as pro- the need to invest in securing future But almost all of these regions—with the ex- duced and consumed in ways that minimize supplies of natural gas. The Energy In- ception of the shallow and deepwater regions environmental impacts. It’s also our responsi- formation Administration says demand under various moratoria—are subject to ac- bility to make certain that every Federal dollar for natural gas will rise by over 50 per- cess restrictions of the ‘‘technological variety.’’ is spent wisely as we provide for the public cent in the next 2 decades. Let us be Without investment in research and develop- good. clear about our options for supply. The ment, physical access to these technically The importance of natural gas was abun- United States is not running out of challenged regions with not produce a single dantly clear this year when the House Energy natural gas. We have nearly 1,500 tril- cubic foot of natural gas. and Commerce Committee held a hearing to lion cubic feet of technically-recover- We have this opportunity to address this emphasize just how critical natural gas is to able reserves, more than a 50-year sup- problem through the Ultra-deepwater and Un- our economy and the Nation’s energy supply. ply. conventional Onshore Natural Gas Supply Re- The Ultra-deepwater and Unconventional Gas Let us also be clear about the nature search and Development program in H.R. 6. Supply R&D provisions in H.R. 6 will add new of these remaining reserves. Many of The program would establish a unique part- natural gas supplies quickly to help ensure our them are on Federal lands and are off nership between government and industry to Nation’s energy security. I thank my col- limits to production by virtue of rules, help ensure its objectives—to meet midterm leagues for working with us in the develop- regulations, and other things. These gas demand through development of these ment of this program and urge their support in legal access restrictions are addressed two technically challenged but potentially pro- the adoption of the Conference Report. elsewhere in H.R. 6, but almost all of lific provinces. Further, the program would pay Mr. HASTINGS of Washington. Mr. these regions, with the exception of the for itself. The increased production as a result Speaker, I am pleased to yield 3 min- shallow and deepwater regions under of this R&D will mean significant increases in utes to the distinguished gentleman various moratoria, are subject to ac- royalties to the Federal Treasury. A healthy from Texas (Mr. BARTON), the sub- cess restrictions; and without invest- royalty stream is critical to the future of other committee chairman handling this leg- ment in research and development, programs that rely on royalty funding such as islation. physical access to these technically the Land and Water Conservation Fund. (Mr. BARTON of Texas asked and challenged regions will not produce a Finally, this new program would address the was given permission to revise and ex- single cubic foot of natural gas. inadequacy of current research models, par- tend his remarks.) We have this opportunity to address ticularly in the applied energy R&D area. Too Mr. BARTON of Texas. Mr. Speaker, this problem through the ultra-deep- often, government research programs are lim- if we look at the marble slab behind

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.049 H18PT1 H11384 CONGRESSIONAL RECORD — HOUSE November 18, 2003 the Speaker’s rostrum, it starts out Virginia. You got us once, but not eye can see in one direction and the with the quote, ‘‘Let us develop the re- again. other direction, you see these wind sources of our great land,’’ and it goes This bill contains nothing for the farms going up, making clean, clean on in some detail. That is by Daniel coal miner and coal field communities. energy, using the wind. It is an amaz- Webster. It seeks to lull us into complacency ing thing. If there was ever a time that we were with false promises of future spending I also stopped at a little town called before this body fulfilling that wish of for clean coal technology that maybe, Brewster where we are now building Daniel Webster, it is today. This en- perhaps, some day will translate into the largest, I think perhaps in the ergy bill that is before us touches real money. This bill says to us in the world, biodiesel plant in Brewster, Min- every energy source in our country. coal fields, go trolling for dollars while nesota. It is going to be farmer owned. If my colleagues think that we need we bust open the doors of the Treasury Let me just talk about some of the to do more to develop our conventional and shovel out loads of cash and tax things this renewable fuel standard is resources of oil, gas, nuclear, coal, and breaks to Big Oil. Billions of dollars. going to do. With the requirements hydro, it is in this bill. If my col- This bill digs deep into the pockets of that are in here for 5 billion gallons of leagues think we need to do more to West Virginians, and we get nothing in ethanol and biodiesel by 2012, let me develop our renewable resources like return. just explain what it will mean to rural solar and hydroelectric and biomass We sought to have provisions in- America. It will reduce our crude oil and wind power, it is in this bill. If my serted into this bill to reclaim our imports by 1.6 billion barrels. It will re- colleagues think we need to focus on abandoned coal mine lands so that we duce the foreign trade deficit by $34 bil- the future and try to find new alter- can rebuild our coal field economies. lion. It will create 214,000 good-paying native sources of energy like hydrogen, Just payment. Just payment for the jobs here in America. It will increase it is in this bill. If my colleagues think coal that we produced that fired the in- U.S. household income by $51.7 billion. that we need to do something to struc- dustrial revolution, took us through a It will create $5.3 billion in new invest- ture the reform, the basic energy sys- war, and sparked the technological rev- ment, in renewable fuel production fa- tems of our country like the electricity olution. And we sought to have provi- cilities; and it will increase the de- grid, it is in this bill. sions inserted for promised coal miner mand for grain, mostly corn, by an av- I could go on and on and on, but I health care. They gave their all to erage of 1.4 billion bushels of corn and will simply say that this is the most produce the coal in back-breaking con- soybeans per year. comprehensive energy bill that has ditions that made this country the Mr. Speaker, this is a good bill. It is ever been before a Congress of the world power that it is that helps overdue, it is timely, it is time that we United States of America, and it is produce domestic energy security. have a coordinated energy policy. I long overdue. Yet, the pleading voices of coal min- think I speak on behalf of those who I am very proud of this bill. I have ers and their widows hailing from breathe our air, those who are con- been working on it in some shape, southern West Virginia to the Powder cerned about energy independence and form, or fashion for 19 years that I River Basin met deaf ears in this con- saying that one of the best parts about have been in the Congress. As sub- ference. Why? I will tell my colleagues this bill is the renewable fuel standard committee chairman of the Sub- why. Because it does not involve hand- and what it will mean for rural Amer- committee on Energy and Power, I ing out goodies to multinational en- ica and what it will mean for our envi- have been working on it for almost 6 ergy corporations. Then it is not in ronment. years. So I think it is an excellent bill. this bill, if it does not involve that. Mr. FROST. Mr. Speaker, I yield 3 It passed the House in a bipartisan Believe you me, they are partying minutes to the gentleman from Massa- fashion back in April. As the chairman today in the corporate boardrooms of chusetts (Mr. MARKEY). of the committee has pointed out, the America, but in the hills and hollers of Mr. MARKEY. Mr. Speaker, what we Senate conferees voted for it in the Appalachia, this is no laughing matter. are seeing with this energy bill is the conference report 10 to 3 last evening. You take us for a fool. You try to play result of a highly partisan, secretive When we get the bill to the floor later the coal miner for a fool. You are going process in which Republicans have been this evening, it will pass in a very bi- to get burned for that, I say to the talking only to other Republicans and partisan fashion with 50 to perhaps White House. You are going to get the oil and the gas and the nuclear and even as many as 100 Democrats voting burned if you continue to try to do the coal and the electric utility indus- for it. that. try. Well, they have treated the Demo- Mr. Speaker, I want to thank our In the words of my senior Senator, cratic minority and the environmental chairman for his excellent work, the fie on the White House, fie on the and consumer groups with the max- gentleman from Louisiana (Chairman White House. Shame on you. Let us de- imum possible disregard and with po- TAUZIN). We could not have had a bet- feat this terrible piece of legislation. litical arrogance. It is the final stages ter senior negotiator for the House po- Mr. HASTINGS of Washington. Mr. of the implementation of the secret en- sition than him. I want to thank Sen- Speaker, I am pleased to yield 2 min- ergy task force meetings that began in ator DOMENICI in the other body for his utes to the gentleman from Minnesota Vice President CHENEY’s office. excellent work. And I want to thank (Mr. GUTKNECHT). This bill is the worst piece of legisla- the committee staffs who have worked Mr. GUTKNECHT. Mr. Speaker, I tion that has been brought before this so hard on the bill: Dan Brouillette, want to thank the gentleman for yield- legislative body in many decades. It is Jim Barnette, Mark Menezes, Andy ing me this time. I want to congratu- an appalling concoction of tax breaks, black, Jason Bentley, Dwight Cates, late all of the people who have worked subsidies, and pork barrel spending for Bill Cooper, Sean Cunningham, Bob so hard on this bill. America has wait- wealthy oil, natural gas, nuclear, coal, Meyers and, on my staff, Ryan Long ed far too long for a comprehensive, co- and utilities industries. It turns over and Joby Fortson. ordinated energy policy. There are a control of the American people’s lands This is a good bill. Vote for the rule, lot of good things I could say about to energy companies that will be free vote against the motion to recommit, this bill, but I want to talk just specifi- to ravage and rape the environment and vote for final passage. cally about the renewable fuel standard with little or no restraint. Mr. FROST. Mr. Speaker, I yield 2 and what it will mean to rural Amer- It pays polluters, pays polluters to minutes to the gentleman from West ica, what it will mean to energy inde- clean up the messes that they have cre- Virginia (Mr. RAHALL). pendence and, ultimately, what it will ated and subsidizes them to pollute (Mr. RAHALL asked and was given mean for a cleaner environment. some more. It will make our Nation’s permission to revise and extend his re- Last week we in the House had a lit- air dirtier. It will make our water marks.) tle hiatus and one of the things I did is dirtier, and it will make ordinary peo- Mr. RAHALL. Mr. Speaker, fool me I took a trip to the western part of my ple pay higher energy bills for the once, shame on you. Fool me twice, district. Out in the western part of my privilege of having dirtier air and dirti- shame on me. I say to the White House, district we have what is called the Buf- er water, more asthmas, more cancers, wake up, because you just lost West falo Ridge. Literally, from as far as the and more deaths due to pollution. And

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.050 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11385 all of this done with $138 billion in bor- growth needs of those customers and and premature deaths for residents of rowed money from the Social Security that the commission regulations must ozone nonattainment areas such as and Medicare trust fund because our conform to this intent. Is that correct, Dallas/Fort Worth. country is in deficit and it must bor- Mr. Speaker? Mr. Speaker, we have about 88,000 row the money. Mr. TAUZIN. Mr. Speaker, the gen- children with asthma in the Dallas/ tleman from Georgia (Mr. NORWOOD) is Fort Worth area. The bill will force my b 1345 absolutely correct. constituents and everyone else’s con- And worst of all, it dishonors the sac- Mr. NORWOOD. Mr. Speaker, how stituents in the Dallas/Fort Worth area rifice made by 130,000 of our young men about section 217(c), does that allow to breathe dirty air, unhealthy air and women in Iraq today, guarding oil FERC to compel load-serving entities until 2012. fields. We know we now import 60 per- to give up any transmission rights that In their desire to pass any com- cent of our oil from overseas. If we do are not covered by section 217(a)? prehensive energy bill, some of my col- not do something that deals with the Mr. TAUZIN. Mr. Speaker, it does leagues may be willing to overlook the amount of oil that we consume in our not. These entities can continue to use massive damage this bill would do to SUVs and our automobiles, if we do not their transmission rights as now al- existing clean air policies, but we must do something about fuel economy for lowed under the Federal Power Act. not pass a bill with great shortfalls air conditioners, then in another 10 Mr. NORWOOD. And lastly, Mr. simply because we need to pass a bill. years we will be 80 percent dependent Speaker, I would like to inquire of the We need a fair bill that protects us all. upon imported oil from overseas. That gentleman about the section 1242, the We should not, and we must not, en- is where we are heading. participant funding. Would this provi- danger ourselves or our children. This bill does nothing to deal with sion allow a transmission provider to I urge my colleagues that want clean where we put oil in our country. We charge all of his transmission cus- air to oppose this rule and this porker put it into gasoline tanks. We ignore tomers, including the party requesting of a bill. This bill is a waste of tax- that fact. It deals not with the fact an upgrade, the same embedded cost payer’s dollars. It is a first-class ticket transmission charges? that 70 percent of peak demand in the to fossil fuel dependence. It is an invi- Mr. TAUZIN. Mr. Speaker, yes, it summer goes for air conditioning. Are tation to destroy the lungs of 127 mil- does. And it is a little complex, so let we kidding ourselves out here today? lion Americans who already breathe in This bill is a disaster. And meanwhile, me try to explain. Briefly the requester would, in fact, pay the same trans- air that violates Federal standards. there is $138 billion worth of subsides Mr. HASTINGS of Washington. Mr. mission cost as any other transmission in tax breaks, in new authorizations Speaker, I yield 1 minute to the gen- for which industries? Oil, gas, coal, nu- customer. The embedded cost language simply clarifies that in the up-front tleman from Tennessee (Mr. DUNCAN). clear, the wealthiest industries getting Mr. DUNCAN. Mr. Speaker, I rise to lump-sum payment to fund the up- all of these tax breaks. enter into a colloquy with the gen- grade, the requester is not required to This is a terrible bill. Vote no on the tleman from Louisiana (Mr. TAUZIN). pay both the cost of the physical up- rule and no on final passage. Mr. Speaker, since 1992 section 212(j) grade and the entire future cost of any Mr. HASTINGS of Washington. Mr. of the Federal Power Act has provided monetary credits or the compensation Speaker, I yield 4 minutes to the gen- very important protections for the the requester will later receive. tleman from Georgia (Mr. NORWOOD). The embedded cost of the physical Tennessee Valley Authority and all the Mr. NORWOOD. Mr. Speaker, I rise upgrade is not rolled into the rate base people and businesses of the TVA re- today to thank and commend the gen- because it is paid for up front by the gion from one-way competition from tleman from Louisiana (Mr. TAUZIN) requester. The cost of the upgrade in other suppliers as an equitable balance and the gentleman from Texas (Mr. terms of the monetary credits used to to those provisions of the TVA Act BARTON) for what I think is excellent compensate the requester, however, are which greatly restrict TVA’s ability to work in the House and in the con- rolled into the rate base. Thus, these sell excess power outside the TVA re- ference. This is landmark legislation. I costs are included in the imbedded cost gion. think it absolutely defines the word transmission charges on a prorated I wanted to verify that it was not the comprehensive. base as the credits are provided to the intention of the conference committee It is going to decrease dependence on requester. All transmission customers, for any provision of the Energy Policy foreign oil. It enhances the electricity of course, must pay this transmission Act of 2003 to be construed to repeal grid ensuring reliability and protecting charge. the protections from such one-way native load. It is a boon for our con- Mr. NORWOOD. Mr. Speaker, I thank competition provided by section 212(j). sumers. After dozens, upon dozens, the gentleman for that clarification. Mr. TAUZIN. Mr. Speaker, the gen- upon dozens of hearings over the last 3 Once again, let me not just thank the tleman from Tennessee (Mr. DUNCAN) is years, and a few empty trips to the red chairman, but the Committee on En- correct. It was not the intention of the zone, we are now on the goal line ergy and Commerce and the hard work conference committee for any provi- today. of all our staffs. This is fine work. I en- sion to repeal the protections provided Vote yes to score a victory, ladies courage everybody to vote for this rule by section 212(j). and gentlemen, for the American con- and the final bill. Mr. FROST. Mr. Speaker, I yield 1 sumers. Mr. FROST. Mr. Speaker, I yield 2 minute to the gentleman from New Mr. Speaker, with the balance of my minutes to the gentlewoman from York (Mr. ENGEL). time I would like to enter into a col- Texas (Ms. EDDIE BERNICE JOHNSON). Mr. ENGEL. Mr. Speaker, I rise in loquy with the gentleman from Lou- Ms. EDDIE BERNICE JOHNSON of opposition to this rule and to the bill. isiana (Mr. TAUZIN). Texas. Mr. Speaker, I urge my col- It is ludicrous to have only 1 hour of I have a couple of questions regard- leagues to oppose this rule. As a Re- debate on the rule and 1 hour on such ing the native load provision of section publican Member of the other body an important bill. 1236 that I was hoping that the distin- stated the other day, this bill should be America faces real problems with its guished chairman might be able to an- called ‘‘Leave No Lobbyist Behind.’’ energy needs. We need to reduce our swer. This bill is an inappropriate vehicle for dependence on foreign oil. But instead Mr. TAUZIN. Mr. Speaker, if the gen- amending the Clean Air Act. It makes of pursuing the program of energy effi- tleman will yield, I will be happy to absolutely no sense to protect the ciency, we have a bill that pursues a try. MTBE manufacturers from civil liabil- policy of political payback and cor- Mr. NORWOOD. Mr. Speaker, it is my ity while opposing a phase out of the porate welfare. My Republican col- understanding that the provision re- dangerous carcinogenic chemical. This leagues are constantly saying they do quires FERC to allow utilities with has been going on since the court order not like wealth distribution, but this service obligations to reserve sufficient in 1996 getting one waiver after an- bill will suck dollars out of the pockets transmission capacity to serve the other. of New Yorkers and others to pay for power supply needs of existing native The provisions in this bill will mean unnecessary ethanol subsides to huge load customers as well as the future more asthma attacks, hospital visits, Agra businesses.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.051 H18PT1 H11386 CONGRESSIONAL RECORD — HOUSE November 18, 2003 The majority has talked to a good clear waste. There is also no provision energy-efficient homes. Bottom line, game against unfunded mandates. This in this legislation to address this Na- this is good legislation, deserves bipar- bill was a case of ‘‘do as I say, not as tion’s dependence on foreign oil. We tisan support. I urge an aye on the rule I do.’’ There is a liability shield for will be importing just as much oil if and an aye on final passage. MTBE makers so that New York tax- this bill passes as we are today. And we b 1400 payers could be forced to pay for clean- will continue our unholy alliance with ups, but this bill also provides $2 bil- Middle East countries that export ter- Mr. FROST. Mr. Speaker, I yield 1 lion in subsides for the MTBE makers rorism and finance terrorists. minute to the gentleman from Oregon to transition to other work. Finally, I am disappointed that the (Mr. BLUMENAUER). This bill takes us back in time by overwhelming majority of tax incen- Mr. BLUMENAUER. Mr. Speaker, I weakening the Clean Air Act and Clean tives in this bill are reserved for nu- appreciate the gentleman yielding me Water Act. Why are we letting pol- clear, coal, oil and natural gas. This time. luters make policy? Why we going to subsides come at the expense of renew- Whether it has been 3 years or 6 weaker standards? I think we know the able energy sources such as wind, solar, years, the fact is the Committee has answer: Because oil and gas companies and geothermal that must be a major produced a comprehensive bill. You do find it cheaper to pollute and push off component of any long-term energy not have a comprehensive energy pol- the true cost of their activities to the policy for this Nation if this Nation is icy. $138 billion in total costs may buy real people in this country. This bill is to ever be energy independent. support, but it is not going to buy en- a disgrace. I am sick and tired of cod- Mr. Speaker, I urge my colleagues to ergy independence. It avoids meaning- dling polluters and sticking the aver- oppose this rule, oppose the legislation. ful energy conservation that would age Joe with the cost of fixing pol- Mr. HASTINGS of Washington. Mr. have permanent savings for every luters’ problems. We should stand up Speaker, I yield 2 minutes to the gen- American every year. It avoids mean- for America and stand up for energy tleman from Illinois (Mr. WELLER). ingful investment in renewables. Sim- independence and future generations Mr. WELLER. Mr. Speaker, I rise in ply defining nuclear energy as a ‘‘re- and vote down this rule and this bill. strong support of the rule and strong newable energy source’’ is not an ade- Mr. HASTINGS of Washington. Mr. support of final passage of this legisla- quate alternative. Speaker, I yield 1 minute to the gentle- tion which is so important to the econ- The $138 billion pales in comparison men from Florida (Mr. STEARNS). omy of our country. I also wish to com- to the hidden cost to our environment, Mr. STEARNS. Mr. Speaker, I rise in mend the gentleman from Louisiana to our air, our water, and increased strong support for the rule and strong (Chairman TAUZIN) of my committee global warming. It will extend our de- support for the conference report, H.R. for his leadership. pendence on fossil fuels for decades to 6, the Energy Policy Act of 2000. Mr. Speaker, for 3 years this work, come. Three years, 6 years, 12 years, I serve as a conferee between the this legislation has been in the mak- and hidden Republican only conference Senate and House. We gave developed, ing, which, of course, is too long. But I meetings produced a huge, special in- in my opinion, a very balanced, sen- would like to point out that a key com- terest driven bill. What you have lost sible bill with production initiatives ponent of this legislation as we work is an opportunity to have a comprehen- with conservation. The electricity por- towards energy independence is con- sive energy policy that would make tion of the bill, one of the most con- servation. And we think about who this country safer, cleaner and more troversial items we have dealt with, consumes energy in America, 20 per- economically secure. sets the stage, I believe, for investment cent of the energy we consume in our Mr. HASTINGS of Washington. Mr. and reliable operations to bring our en- Nation is consumed in our homes by Speaker, I yield 2 minutes to the gen- ergy markets into the 21st century. residential consumption of energy. tleman from Virginia (Mr. TOM DAVIS). The bill also provides incentives for I would note in this legislation, there (Mr. TOM DAVIS of Virginia asked renewable energy production, clean is an important provision which pro- and was given permission to revise and coal technology, low-income energy as- vides an energy efficient homes tax extend his remarks.) sistance, provides for certainty and re- credit rewarding homeowners and Mr. TOM DAVIS of Virginia. Mr. liable operation of our energy markets, homebuilders for investing in better in- Speaker, I want to congratulate the and increased domestic production. sulation and better windows and better gentleman from Louisiana (Mr. TAU- As this graph shows, renewable en- doors and sealing their home, and en- ZIN) on, I think, a very good bill, con- ergy, providing new solutions like hy- couraging homebuilders when they troversial but weaving a lot of dis- drogen fuel cells, will provide economic build a new house to use more energy parate sections together. I thank him and environmentally safe energy solu- efficient technologies in heating and and the others for the hard work and tions and prevent blackouts. cooling. This is important legislation. determined effort that went into the This bill promotes investment in This tax credit provides individuals completion of this conference report. critical electric transmission capacity and businesses up to $2,000 tax credit, I want to point out two sections in and efficiency. So I commend my col- which means the first 20 percent of the particular under my committee’s juris- leagues the gentleman from Texas (Mr. first $10,000 they invest they can re- diction which demonstrate the value BARTON) and the gentleman from Lou- cover by reducing their tax burden to we have gotten in adding flexibility to isiana (Mr. TAUZIN) and their staff. the Federal Government. The bottom government contracting. First, we They have done yeoman’s service in line is we need to provide incentives for have the energy savings performance bringing this bill to the floor. I urge our homeowners and those who build contracts that we make permanent in my colleagues to support this legisla- homes, provide for more energy-effi- this legislation. Energy savings per- tion. cient house. formance contracts, ESPCs, allow Mr. FROST. Mr. Speaker, I yield 1 When I talk with those who build agencies to contract with energy serv- minute to the gentlewoman from Ne- homes, they tell me that often a con- ice companies to upgrade and retrofit vada (Ms. BERKLEY). sumer will come in, if they are going to existing Federal buildings with mod- Ms. BERKLEY. Mr. Speaker, this is spend a little extra money, they want ern, energy-efficient equipment. The an energy bill that will do nothing to to invest that money in a nicer bath- agencies pay for this upgrade using the help the families living in southern Ne- room or nicer kitchen, something they energy savings generated by the up- vada with the cost of their power. can see, and that energy efficiency and grade themselves. Whatever good provisions may be in energy conservation is a second These contract mechanisms enable the bill are buried under billions of dol- thought. the Federal agencies to improve energy lars in subsides for the nuclear indus- What is monumental about this legis- efficiency of their facilities without de- try. lation that is before us today is we pro- pending on annual congressional appro- I am appalled that this Nation would vide a real incentive for homebuilders priations for capital improvements. spend one cent more on nuclear energy and homeowners to invest in making From 1988 to 2000, agencies using when there is no safe way to ship and their homes more energy efficient by ESPCs to leverage an estimated $795 no safe way to store radioactive nu- providing for up to a $2,000 tax credit in million in private sector financing for

VerDate jul 14 2003 06:23 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.053 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11387 energy improvements in Federal build- ference report until the third calendar ‘‘That upon adoption of this resolution it ings, resulted in a 20-percent savings. day on which the conference report and shall be in order to consider the conference This legislation makes ESPCs perma- the accompanying joint explanatory report to accompany the bill (H.R. 6) to en- nent. statement have been made available to hance energy conservation and research and I also want to describe a new acquisi- development, to provide for security and di- Members in the CONGRESSIONAL versity in the energy supply for the Amer- tion authority granted in this legisla- RECORD.’’ ican people, and for other purposes. All tion. This is the authority granted by Those who are insisting that the points of order against the conference report the Department of Energy to engage in House proceed with all due haste will and against its consideration (except those what are called Other Transactions in argue that the text has been on the arising under clause 8(a)(1)(A) of rule XXII) certain circumstances. Other Trans- Web site of the Committee on Ways are waived.’’ actions, OTs, are contractual arrange- and Means since this weekend, late Mr. HASTINGS of Washington. Mr. ments that support research and devel- Saturday night to be exact. opment without using standard pro- Mr. Speaker, what was posted Satur- Speaker, I yield back the balance of curement contract grants or coopera- day night was not the final version of my time, and I move the previous ques- tive agreements. They have been used the agreement and the statement of tion on the resolution. successfully in the Department of De- managers was not included. A fine The SPEAKER pro tempore. The fense for a number of years. point, perhaps, but an important one. question is on ordering the previous Firms who are understandably hesi- The wholesale denial of the rights of question. tant to conduct research for the gov- Members to know what they are voting The question was taken; and the ernment because of government patent on is something Republicans com- Speaker pro tempore announced that rules, accounting practices, and busi- plained of bitterly when they were in the ayes appeared to have it. ness requirements are willing to con- the minority. Well, I would argue that sider working with us under these ar- the Republicans might have been cry- Mr. FROST. Mr. Speaker, I object to rangements. Some companies that ing wolf because now that they have the vote on the ground that a quorum have tried to work with the govern- controlled this Chamber for nearly 9 is not present and make the point of ment under normal procurement rules years, they seem to have completely order that a quorum is not present. have found it impossible to remain forgotten what they once said. The SPEAKER pro tempore. Evi- competitive in the private sector and So in an attempt to remedy the dently a quorum is not present. wrong they have complained of in the contract under standard government The Sergeant at Arms will notify ab- past and that they are now so eager to restrictions and rules. sent Members. It is time to recognize the govern- perpetrate, I am asking Members to ment needs the best, the most innova- vote ‘‘no’’ on the previous question so Pursuant to clause 9 of rule XX, the tive research available. We need to be- this rule can be amended to give each Chair will reduce to 5 minutes the min- come increasingly self-reliant in the Member the opportunity to find out imum time for electronic voting, if or- energy field. We need to engage inven- what is in a bill that is written in dered, on the question of adoption of tive firms that have until now refused closed meetings and secret places. That the resolution. to do business with the Federal Gov- is only fair, Mr. Speaker. The vote was taken by electronic de- ernment because of arcane and inflexi- Mr. FROST. Mr. Speaker, I yield vice, and there were—yeas 225, nays ble standards. back the balance of my time. 193, not voting 16, as follows: This new flexibility is a major step Mr. HASTINGS of Washington. Mr. toward harnessing the magic of Amer- Speaker, this is an important bill and [Roll No. 628] ica’s research and development center it will be a historic step when we vote YEAS—225 in our quest for energy independence. I on the bill after we dispose with the Aderholt Collins Hart urge an ‘‘aye’’ on the rule and an ‘‘aye’’ rule. Akin Cox Hastings (WA) on the bill. Let me just go through the extensive Alexander Crane Hayes The SPEAKER pro tempore (Mr. hearings that the committees involved Bachus Crenshaw Hayworth QUINN). The Chair would state that the with this have had over this year. As Baker Cubin Hefley gentleman from Washington (Mr. was mentioned by the chairman, the Ballenger Culberson Hensarling Barrett (SC) Cunningham Herger HASTINGS) has 2 minutes remaining. Committee on Energy and Commerce Bartlett (MD) Davis, Jo Ann Hobson The gentleman from Texas (Mr. FROST) Committee held 28 public hearings, Barton (TX) Davis, Tom Hoekstra has 4 minutes remaining. four markups, 43 hours in total, and Bass Deal (GA) Hostettler Mr. FROST. Mr. Speaker, does the considered 159 amendments. The Com- Beauprez DeLay Houghton gentleman have multiple speakers or Bereuter Diaz-Balart, L. Hulshof mittee on Resources held 32 hearings, Biggert Diaz-Balart, M. Hunter only one speaker? three markups, over 100 hours, and con- Bilirakis Doolittle Hyde Mr. HASTINGS of Washington. Mr. sidered 38 amendments. The Com- Bishop (UT) Dreier Isakson Speaker, I will be closing, so I have one mittee on Science held 16 public hear- Blackburn Duncan Issa more speaker. ings, two markups. They have consid- Blunt Dunn Istook Mr. FROST. Mr. Speaker, I yield my- Boehlert Ehlers Janklow ered 21 amendments. The Committee Boehner Emerson John self such time as I may consume. on Ways and Means held six hearings, Bonilla English Johnson (CT) Mr. Speaker, it seems to me that four markups, and they had six amend- Bonner Everett Johnson (IL) every Member of this House, whether ments offered to their part of the bill. Bono Feeney Johnson, Sam or not they are supporting this bill, It is an important bill, Mr. Speaker. Boozman Ferguson Jones (NC) should be concerned that we are about Boucher Flake Keller I urge the Members to support the rule, Bradley (NH) Foley Kelly to cast a vote on a major piece of legis- defeat the previous question, and sup- Brady (TX) Forbes Kennedy (MN) lation that only a small handful of port the underlying legislation. Brown (SC) Fossella King (IA) House Members have read. Mr. FROST. Mr. Speaker, I ask unan- Brown-Waite, Franks (AZ) King (NY) This conference report is over 1,000 imous consent to insert the text of the Ginny Frelinghuysen Kingston pages long. I cannot understand why Burgess Gallegly Kirk amendment at this point in the Burns Garrett (NJ) Kline the Republican majority is insisting RECORD. Burr Gerlach Knollenberg that this conference report be voted on The SPEAKER pro tempore. Is there Burton (IN) Gibbons Kolbe today when its provisions could have objection to the request of the gen- Buyer Gillmor LaHood such a direct impact on energy securi- Calvert Gingrey Latham tleman from Texas? Camp Goode LaTourette ties of the United States and Members There was no objection. Cannon Goodlatte Leach have not been given an adequate oppor- The material previously referred to Cantor Goss Lewis (CA) tunity to read and digest its contents. by Mr. FROST is as follows: Capito Granger Lewis (KY) Carter Graves Linder Mr. Speaker, the rules of the House PREVIOUS QUESTION ON H. RES. 443, RULE FOR Castle Green (WI) LoBiondo give Members 3 days to read a con- THE ONFERENCE EPORT ON THE N H.R. 6, C R E - Chabot Greenwood Lucas (OK) ference report after it is filed. Clause ERGY POLICY ACT Chocola Gutknecht Manzullo 8(a)(1)(a) of rule XXII states that ‘‘it Strike all after the resolving clause and in- Coble Hall McCotter shall not be in order to consider a con- sert in lieu thereof the following: Cole Harris McCrery

VerDate jul 14 2003 06:23 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.060 H18PT1 H11388 CONGRESSIONAL RECORD — HOUSE November 18, 2003 McHugh Portman Smith (TX) NOT VOTING—16 Murphy Regula Stearns McInnis Pryce (OH) Souder Musgrave Rehberg Stenholm Boyd Gilchrest Meeks (NY) McKeon Putnam Stearns Myrick Renzi Sullivan Carson (OK) Jackson-Lee Pitts Mica Quinn Nethercutt Reyes Sweeney Sullivan DeMint (TX) Radanovich Neugebauer Reynolds Tancredo Miller (FL) Ramstad Sweeney Fattah Jenkins Sanders Ney Rogers (AL) Tauzin Miller (MI) Regula Tancredo Fletcher Kaptur Toomey Northup Rogers (KY) Taylor (NC) Miller, Gary Rehberg Tauzin Gephardt Lantos Moran (KS) Renzi Taylor (NC) Norwood Rogers (MI) Terry Nunes Rohrabacher Thomas Murphy Reynolds Terry Nussle Ros-Lehtinen Thornberry Musgrave Rogers (AL) Thomas b 1429 Ortiz Royce Tiahrt Myrick Rogers (KY) Thornberry Messrs. LYNCH, BACA, THOMPSON Osborne Ryan (WI) Tiberi Nethercutt Rogers (MI) Tiahrt Ose Ryun (KS) Turner (OH) Neugebauer Rohrabacher of Mississippi, HINCHEY, ORTIZ and Tiberi Otter Sandlin Turner (TX) Ney Ros-Lehtinen Turner (OH) RUSH changed their vote from ‘‘yea’’ Oxley Saxton Upton Northup Royce Upton to ‘‘nay.’’ Paul Schrock Visclosky Norwood Ryan (WI) Vitter Mrs. JOHNSON of Connecticut, Ms. Pearce Scott (GA) Vitter Nunes Ryun (KS) Walden (OR) ROS-LEHTINEN, Ms. PRYCE of Ohio, Pence Sensenbrenner Walden (OR) Nussle Saxton Walsh Peterson (MN) Sessions Walsh Osborne Schrock Wamp and Messrs. CARTER, SESSIONS, Peterson (PA) Shadegg Wamp Ose Sensenbrenner Weldon (FL) JOHN and TERRY changed their vote Petri Shaw Weldon (FL) Otter Sessions Weldon (PA) from ‘‘nay’’ to ‘‘yea.’’ Pickering Shays Weldon (PA) Oxley Shadegg Weller So the previous question was ordered. Platts Sherwood Weller Paul Shaw Whitfield Pombo Shimkus Whitfield Pearce Shays Wicker The result of the vote was announced Pomeroy Shuster Wicker Pence Sherwood Wilson (NM) as above recorded. Porter Simmons Wilson (NM) Peterson (PA) Shimkus Wilson (SC) The SPEAKER pro tempore (Mr. Portman Simpson Wilson (SC) Petri Shuster Pryce (OH) Smith (MI) Wolf Wolf Pickering Simmons QUINN). The question is the resolution. Putnam Smith (NJ) Wynn Young (AK) Platts Simpson The question was taken; and the Quinn Smith (TX) Young (AK) Young (FL) Pombo Smith (MI) Speaker pro tempore announced that Ramstad Souder Young (FL) Porter Smith (NJ) the ayes appeared to have it. NOES—167 NAYS—193 RECORDED VOTE Abercrombie Hastings (FL) Obey Abercrombie Harman Obey Mr. FROST. Mr. Speaker, I demand a Ackerman Hill Olver Ackerman Hastings (FL) Olver recorded vote. Allen Hinchey Owens Allen Hill Ortiz A recorded vote was ordered. Andrews Hoeffel Pallone Andrews Hinchey Owens Baca Holden Pascrell Baca Hinojosa Pallone The SPEAKER pro tempore. This is a Baird Holt Pastor Baird Hoeffel Pascrell 5-minute vote. Baldwin Honda Payne Baldwin Holden Pastor The vote was taken by electronic de- Ballance Hooley (OR) Pelosi Becerra Hoyer Ballance Holt Payne vice, and there were—ayes 248, noes 167, Price (NC) Becerra Honda Pelosi Bell Inslee Rahall Berkley Israel Bell Hooley (OR) Peterson (MN) not voting 19, as follows: Rangel Berman Jackson (IL) Berkley Hoyer Pomeroy [Roll No. 629] Rodriguez Berry Johnson, E. B. Berman Inslee Price (NC) Ross AYES—248 Bishop (NY) Kanjorski Berry Israel Rahall Rothman Blumenauer Kennedy (RI) Bishop (GA) Jackson (IL) Rangel Aderholt Cubin Herger Roybal-Allard Bishop (NY) Jefferson Reyes Akin Culberson Hinojosa Brady (PA) Kildee Brown (OH) Kilpatrick Ruppersberger Blumenauer Johnson, E. B. Rodriguez Alexander Cunningham Hobson Rush Boswell Jones (OH) Ross Bachus Davis (TN) Hoekstra Brown, Corrine Kind Capps Kleczka Ryan (OH) Brady (PA) Kanjorski Rothman Baker Davis, Jo Ann Hostettler Sabo Brown (OH) Kennedy (RI) Roybal-Allard Ballenger Davis, Tom Houghton Capuano Kucinich Sanchez, Linda Brown, Corrine Kildee Ruppersberger Barrett (SC) Deal (GA) Hulshof Cardin Langevin T. Capps Kilpatrick Rush Bartlett (MD) DeLay Hunter Cardoza Larsen (WA) Sanchez, Loretta Capuano Kind Ryan (OH) Barton (TX) Diaz-Balart, L. Hyde Carson (IN) Larson (CT) Schakowsky Cardin Kleczka Sabo Bass Diaz-Balart, M. Isakson Case Lee Cardoza Kucinich Sanchez, Linda Beauprez Dooley (CA) Issa Clay Levin Schiff Carson (IN) Lampson T. Bereuter Doolittle Istook Clyburn Lewis (GA) Scott (VA) Case Langevin Sanchez, Loretta Biggert Dreier Janklow Conyers Lofgren Serrano Clay Larsen (WA) Sandlin Bilirakis Duncan Jefferson Cooper Lowey Sherman Clyburn Larson (CT) Schakowsky Bishop (GA) Dunn John Crowley Lynch Skelton Conyers Lee Schiff Bishop (UT) Edwards Johnson (IL) Cummings Majette Slaughter Cooper Levin Scott (GA) Blackburn Ehlers Johnson, Sam Davis (AL) Maloney Smith (WA) Costello Lewis (GA) Scott (VA) Blunt Emerson Jones (NC) Davis (CA) Markey Snyder Cramer Lipinski Serrano Boehlert English Keller Davis (FL) Marshall Solis Crowley Lofgren Sherman Boehner Everett Kelly Davis (IL) Matheson Spratt Cummings Lowey Skelton Bonilla Feeney Kennedy (MN) DeFazio McCarthy (MO) Stark Davis (AL) Lucas (KY) Slaughter Bonner Ferguson King (IA) DeGette McCarthy (NY) Strickland Delahunt McCollum Davis (CA) Lynch Smith (WA) Bono Flake King (NY) Stupak DeLauro McDermott Davis (FL) Majette Snyder Boozman Foley Kingston Tanner Deutsch McGovern Davis (IL) Maloney Solis Boswell Forbes Kirk Tauscher Dicks McIntyre Davis (TN) Markey Spratt Boucher Fossella Kline Taylor (MS) DeFazio Marshall Stark Bradley (NH) Franks (AZ) Knollenberg Dingell McNulty Doggett Meehan Thompson (CA) DeGette Matheson Stenholm Brady (TX) Frelinghuysen Kolbe Thompson (MS) Delahunt Matsui Strickland Brown (SC) Gallegly LaHood Doyle Meek (FL) Emanuel Menendez Tierney DeLauro McCarthy (MO) Stupak Brown-Waite, Garrett (NJ) Lampson Towns Deutsch McCarthy (NY) Tanner Ginny Gerlach Latham Engel Michaud Eshoo Millender- Udall (CO) Dicks McCollum Tauscher Burgess Gibbons LaTourette Udall (NM) Dingell McDermott Taylor (MS) Burns Gillmor Leach Etheridge McDonald Evans Miller (NC) Van Hollen Doggett McGovern Thompson (CA) Burton (IN) Gingrey Lewis (CA) Velazquez Dooley (CA) McIntyre Thompson (MS) Buyer Goode Lewis (KY) Farr Miller, George Waters Doyle McNulty Tierney Calvert Goodlatte Linder Filner Mollohan Watson Edwards Meehan Towns Camp Goss Lipinski Ford Moore Watt Emanuel Meek (FL) Turner (TX) Cannon Granger LoBiondo Frank (MA) Moran (VA) Waxman Engel Menendez Udall (CO) Cantor Graves Lucas (KY) Frost Murtha Weiner Eshoo Michaud Udall (NM) Capito Green (TX) Lucas (OK) Gonzalez Nadler Etheridge Millender- Van Hollen Carter Green (WI) Manzullo Gordon Napolitano Wexler Evans McDonald Velazquez Castle Greenwood Matsui Grijalva Neal (MA) Woolsey Farr Miller (NC) Visclosky Chabot Gutierrez McCotter Harman Oberstar Wu Filner Miller, George Waters Chocola Gutknecht McCrery Ford Mollohan Watson Coble Hall McHugh NOT VOTING—19 Frank (MA) Moore Watt Cole Harris McInnis Boyd Gilchrest Lantos Frost Moran (VA) Waxman Collins Hart McKeon Burr Jackson-Lee Meeks (NY) Gonzalez Murtha Weiner Costello Hastings (WA) Mica Carson (OK) (TX) Pitts Gordon Nadler Wexler Cox Hayes Miller (FL) DeMint Jenkins Radanovich Green (TX) Napolitano Woolsey Cramer Hayworth Miller (MI) Fattah Johnson (CT) Sanders Grijalva Neal (MA) Wu Crane Hefley Miller, Gary Fletcher Jones (OH) Toomey Gutierrez Oberstar Wynn Crenshaw Hensarling Moran (KS) Gephardt Kaptur

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.022 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11389 b 1437 The result of the vote was announced A motion to reconsider was laid on So the resolution was agreed to. as above recorded. the table.

N O T I C E Incomplete record of House proceedings. Except for concluding business which follows, today’s House proceedings will be continued in the next issue of the Record.

LEAVE OF ABSENCE visions as fall within the jurisdiction of the Agency, transmitting the Agency’s final rule committee concerned. — Approval and Promulgation of Air Quality By unanimous consent, leave of ab- f Implementation Plans; Delaware; Revisions sence was granted to: to Stage I and Stage II Vapor Recovery at Mr. FATTAH (at the request of Ms. ADJOURNMENT Gasoline Dispensing Facilities [DE067-1041a; PELOSI) for today after 1:30 p.m. on ac- Mr. BURTON. Mr. Speaker, I move FRL-7586-2] received November 10, 2003, pur- count of personal reasons. suant to 5 U.S.C. 801(a)(1)(A); to the Com- that the House do now adjourn. mittee on Energy and Commerce. Ms. JACKSON-LEE of Texas (at the re- The motion was agreed to; accord- 5429. A letter from the Deputy Associate quest of Ms. PELOSI) for today after 2:00 ingly (at midnight), the House ad- Administrator, Environmental Protection p.m. on account of official business in journed until tomorrow, Wednesday, Agency, transmitting the Agency’s final rule the district. November 19, 2003, at 10 a.m. — Approval and Promulgation of Air Quality Implementation Plans; Kansas Update to Mr. ORTIZ (at the request of Ms. f PELOSI) for today before 1:30 p.m. on Materials Incorporated by Reference [KS-192- account of official business. EXECUTIVE COMMUNICATIONS, 1192; FRL-7580-6] received November 10, 2003, ETC. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f mittee on Energy and Commerce. Under clause 8 of rule XII, executive 5430. A letter from the Deputy Associate SPECIAL ORDERS GRANTED communications were taken from the Administrator, Environmental Protection By unanimous consent, permission to Speaker’s table and referred as follows: Agency, transmitting the Agency’s final rule address the House, following the legis- 5421. A letter from the Secretary, Depart- — Approval And Promulgation of Implemen- lative program and any special orders ment of Agriculture, transmitting the De- tation Plans; Texas; Revisions to Regula- partment’s draft bill entitled, ‘‘To make tions for Permits by Rule, Control of Air heretofore entered, was granted to: Pollution by Permits for New Construction (The following Members (at the re- technical ammendments to the Commodity Promotion, Research, and Information Act or Modification, and Federal Operating Per- quest of Mr. PALLONE) to revise and ex- of 1996’’; to the Committee on Agriculture. mits [TX-154-1-7590; FRL-7585-8] received No- tend their remarks and include extra- 5422. A letter from the Deputy Associate vember 10, 2003, pursuant to 5 U.S.C. neous material:) Administrator, Environmental Protection 801(a)(1)(A); to the Committee on Energy and Mr. DEFAZIO, for 5 minutes, today. Agency, transmitting the Agency’s final rule Commerce. 5431. A letter from the Deputy Associate Mr. BROWN of Ohio, for 5 minutes, — Tebufenozide; Extension of Tolerance for Emergency Exemptions [OPP-2003-0329; FRL- Administrator, Environmental Protection today. Agency, transmitting the Agency’s final rule Ms. NORTON, for 5 minutes, today. 7330-2] received October 24, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on — Revisions to the California State Imple- Ms. MILLENDER-MCDONALD, for 5 min- Agriculture. mentation Plan, San Diego County Air Pol- utes, today. 5423. A letter from the Comptroller, De- lution Control District; San Joaquin Valley Mr. EMANUEL, for 5 minutes, today. partment of Defense, transmitting a report Unified Air Pollution Control District Mr. RYAN of Ohio, for 5 minutes, of a violation of the Antideficiency Act by [CA261-0420a; FRL-7582-2] received November today. the Department of the Air Force, Case Num- 10, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to ber 99-01, pursuant to 31 U.S.C. 1517(b); to the the Committee on Energy and Commerce. Ms. WOOLSEY, for 5 minutes, today. 5432. A letter from the Deputy Associate Committee on Appropriations. Mr. CUMMINGS, for 5 minutes, today. Administrator, Environmental Protection 5424. A letter from the Acting, Under Sec- Mr. HINCHEY, for 5 minutes, today. Agency, transmitting the Agency’s final rule retary, Acquisition, Technology and Logis- — Clean Air Act Final Approval Of Operating Mr. INSLEE, for 5 minutes, today. tics, Department of Defense, transmitting Permit Program Revision; Michigan [MI 82- Mr. MCDERMOTT, for 5 minutes, four quarterly Selected Acquisition Reports 02; FRL-7585-3] received November 5, 2003, today. (SARs) for the quarter ending September 30, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. LANGEVIN, for 5 minutes, today. 2003, pursuant to 10 U.S.C. 2432; to the Com- mittee on Energy and Commerce. Mr. PALLONE, for 5 minutes, today. mittee on Armed Services. 5433. A letter from the Deputy Associate (The following Members (at the re- 5425. A letter from the Director, Office of Administrator, Environmental Protection Management and Budget, transmitting ap- quest of Mr. BURTON of Indiana) to re- Agency, transmitting the Agency’s final rule propriations reports containing OMB cost es- — Prevention of Significant Deterioration vise and extend their remarks and in- timates for P.L. 108-26 and P.L. 108-27, which clude extraneous material:) (PSD) and Non-attainment New Source Re- became law on May 28, 2003, P.L. 108-40, view (NSR): Reconsideration [FRL-7583-7, E- Mr. PAUL, for 5 minutes, November which became law on June 30, 2003, and P.L. Docket ID No. A-2001-0004 (Legacy Docket ID 19, 20, 21. 108-74, which became law on August 15, 2003; No. A-90-37)] received November 5, 2003, pur- Mr. NUSSLE, for 5 minutes, today. to the Committee on the Budget. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. SMITH of Michigan, for 5 minutes, 5426. A letter from the Chairperson, Na- mittee on Energy and Commerce. today. tional Council on Disability, transmitting 5434. A letter from the Deputy Associate the Council’s report entitled ‘‘Olmstead: Re- Mr. OSBORNE, for 5 minutes, Novem- Administrator, Environmental Protection claiming Institutionalized Lives,’’ pursuant ber 19. Agency, transmitting the Agency’s final rule to 29 U.S.C. 781(a)(8); to the Committee on — Trade Secrecy Claims for Emergency f Education and the Workforce. Planning and Community Right-to-Know In- 5427. A letter from the Deputy Associate formation; and Trade Secret Disclosures to SENATE BILLS REFERRED Administrator, Environmental Protection Health Professionals; Amendment [SFUND- A bill of the Senate of the following Agency, transmitting the Agency’s final rule 1988-0002; FRL-7584-8] received November 5, title was taken from the Speaker’s — Revisions to the Regional Haze Rules to 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Correct Mobile Source Provisions in Op- table and, under the rule, referred as Committee on Energy and Commerce. tional Program for Nine Western States and 5435. A letter from the Deputy Secretary, follows: Eligible Indian Tribes Within that Department of State, transmitting the an- S. 1743. An act to permit reviews of crimi- Gegraphical Area; Direct Final Rule, Re- nual report of the activities of the United nal records of applicants for private security moval of Amendments. [FRL-7579-6] received Nations and of the participation of the office employment; to the Committee on October 24, 2003, pursuant to 5 U.S.C. United States therein during the calendar Education and the Workforce; in addition to 801(a)(1)(A); to the Committee on Energy and year 2002, pursuant to 22 U.S.C. 287b; to the the Committee on the Judiciary for a period Commerce. Committee on International Relations. to be subsequently determined by the Speak- 5428. A letter from the Deputy Associate 5436. A letter from the Assistant Secretary er, in each case for consideration of such pro- Administrator, Environmental Protection for Legislative Affairs, Department of State,

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K18NO7.066 H18PT1 H11390 CONGRESSIONAL RECORD — HOUSE November 18, 2003 transmitting certification of a proposed li- of Hameland Security, transmitting the De- 2120-AA64) received October 24, 2003, pursuant cense for the export of major defense equip- partment’s final rule — Security Zone; to 5 U.S.C. 801(a)(1)(A); to the Committee on ment and defense articles to Japan (Trans- Tampa, Saint Petersburg, Port Manatee, Transportation and Infrastructure. mittal No. DDTC 120-03), pursuant to 22 Rattlesnake, Old Port Tampa and Crystal 5457. A letter from the Paralegal Spe- U.S.C. 2776(c); to the Committee on Inter- River, Florida [COTP Tampa 03-006] (RIN: cialist, FAA, Department of Transportation, national Relations. 2115-AA97) received November 5, 2003, pursu- transmitting the Department’s final rule — 5437. A letter from the Assistant Secretary ant to 5 U.S.C. 801(a)(1)(A); to the Committee Airwothiness Directives; McDonnell Douglas for Legislative Affairs, Department of State, on Transportation and Infrastructure. Model DC-9-31 and DC-9-32 Airplanes [Docket transmitting certification of a proposed li- 5448. A letter from the Chief, Regulations No. 2003-NM-61-AD; Amendment 39-13324; AD cense for the export of major defense equip- and Administrative Law, USCG, Department 2003-20-06] (RIN: 2120-AA64) received October ment and defense articles to the United of Homeland Security, transmitting the De- 24, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Kingdom (Transmittal No. DTC 112-03), pur- partment’s final rule — Safety Zone; Hat- the Committee on Transportation and Infra- suant to 22 U.S.C. 2776(c); to the Committee teras Island, NC [CGD05-03-166] (RIN: 1625- structure. on International Relations. AA00) received October 24, 2003, pursuant to 5458. A letter from the Paralegal Spe- 5438. A letter from the Assistant Secretary 5 U.S.C. 801(a)(1)(A); to the Committee on cialist, FAA, Department of Transportation, for Legislative Affairs, Department of State, Transportation and Infrastructure. transmitting the Department’s final rule — transmitting a copy of Presidential Deter- 5449. A letter from the Chief, Regulations Standard Instrument Approach Procedures; mination No. 2004-08 on Waiver of Restric- and Administrative Law, USCG, Department Miscellaneous Amendments [Docket No. tions on Assistance to Russia under the Co- of Homeland Security, transmitting the De- 30391 ; Amdt. No. 3078] received October 24, operative Threat Reduction Act of 1993, as partment’s final rule — Drawbridge Oper- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the amended, and the Section 502 of the FREE- ation Regulation; Mississippi River, Iowa Committee on Transportation and Infra- DOM Support Act, pursuant to 22 U.S.C. 5952 and Illinois [CGD08-03-035] (RIN: 1625-AA09) structure. note; to the Committee on International Re- received October 24, 2003, pursuant to 5 5459. A letter from the Assistant Chief lations. U.S.C. 801(a)(1)(A); to the Committee on Counsel, FHA, Department of Transpor- 5439. A letter from the Assistant Secretary Transportation and Infrastructure. tation, transmitting the Department’s final for Legislative Affairs, Department of State, 5450. A letter from the Chief, Regulations rule — Advance Construction of Federal-aid transmitting notification that effective Oc- and Administrative Law, USCG, Department Projects [FWHA Docket No. FHWA-1997-2262; tober 5, 2003, the 15% Danger Pay Allowance of Homeland Security, transmitting the De- Formerly FHWA 95-10] (RIN: 2125-AD59) re- for Saudi Arabia was terminated due to the partment’s final rule — Drawbridge Oper- ceived October 24, 2003, pursuant to 5 U.S.C. ending of authorized departure status, pursu- ation Regulations; Mianus River, CT. 801(a)(1)(A); to the Committee on Transpor- ant to 5 U.S.C. 5928; to the Committee on [CGD01-03-101] received October 24, 2003, pur- tation and Infrastructure. International Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5460. A letter from the Deputy Associate 5440. A letter from the Assistant Secretary mittee on Transportation and Infrastruc- Administrator, Environmental Protection for Legislative Affairs, Department of State, ture. Agency, transmitting the Agency’s final rule transmitting a report entitled ‘‘Report of 5451. A letter from the Chief, Regulations — Nonpoint Source Program and Grants U.S. Citizen Expropriation Claims and Cer- and Administrative Law, USCG, Department Guidelines for States and Territories — re- tain Other Commercial and Investment Dis- of Homeland Security, transmitting the De- ceived October 24, 2003, pursuant to 5 U.S.C. putes,’’ pursuant to Public Law 103—236, sec- partment’s final rule — Safety Zone; Sac- 801(a)(1)(A); to the Committee on Transpor- tion 527(f); to the Committee on Inter- ramento River, Sacramento, CA [COTP San tation and Infrastructure. national Relations. 5441. A letter from the Assistant Secretary Francisco Bay 02-018] (RIN: 2115-AA97) re- 5461. A letter from the Deputy Associate for Legislative Affairs, Department of State, ceived November 5, 2003, pursuant to 5 U.S.C. Administrator, Environmental Protection transmitting certification that the Ukraine 801(a)(1)(A); to the Committee on Transpor- Agency, transmitting the Agency’s final rule is committed to the courses of action de- tation and Infrastructure. — Water Quality Standards; Withdrawal of 5452. A letter from the Chief, Regulations scribed in section 1203 (d) of the Cooperative Federal Aquatic Life Water Quality Criteria Threat Reduction Act of 1993 (Title XII of and Administrative Law, USCG, Department for Copper and Nickel Applicable to South Public Law 103-160) as amended, and Section of Homeland Security, transmitting the De- San Francisco Bay, California [FRL-7583-9] 502 of the FREEDOM Support Act (Public partment’s final rule — Safety Zone; Bruns- received November 5, 2003, pursuant to 5 Law 102-511); to the Committee on Inter- wick River, Brunswick, GA [COTP Savan- U.S.C. 801(a)(1)(A); to the Committee on national Relations. nah-03-111] (RIN: 1625-AA00) received Novem- Transportation and Infrastructure. 5442. A letter from the Chairman, Con- ber 5, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); 5462. A letter from the Deputy Associate sumer Product Safety Commission, trans- to the Committee on Transportation and In- Administrator, Environmental Protection mitting the Commission’s new Strategic frastructure. Agency, transmitting the Agency’s final rule Plan, prepared in response to the Govern- 5453. A letter from the Chief, Regulations — Water Quality Standards; Withdrawal of ment Performance and Results Act of 1993 and Administrative Law, USCG, Department Federal Nutrient Standards for the State of (Results Act); to the Committee on Govern- of Homeland Security, transmitting the De- Arizona [FRL-7584-1] received November 5, ment Reform. partment’s final rule — Safety Zone; Savan- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5443. A letter from the Director, Office of nah River, International Trade and Conven- Committee on Transportation and Infra- Management and Budget, transmitting the tion Center, Savannah, GA [COTP Savannah structure. Office of Management and Budget’s Fiscal 02-110] (RIN: 2115-AA97) received November 5, 5463. A letter from the Assistant Secretary Year 2003 Inventory of Commercial Activi- 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the for Legislative Affairs, Department of State, ties, pursuant to Public Law 105—270; to the Committee on Transportation and Infra- transmitting a Determination pursuant to Committee on Government Reform. structure. Section 344(b) of the Trade Act of 2002; to the 5444. A letter from the Assistant Secretary 5454. A letter from the Chief, Regulations Committee on Ways and Means. for Fish and Wildlife and Parks, Department and Administrative Law, USCG, Department 5464. A letter from the Secretary, Depart- of the Interior, transmitting the Depart- of Homeland Security, transmitting the De- ment of Homeland Security, transmitting a ment’s draft bill entitled, ‘‘To adjust the partment’s final rule — Safety Zone; Savan- letter correcting the legal citation of a let- boundary of John Muir National Historic nah River, Savannah, GA [COTP Savannah ter dated May 23, 2003; to the Committee on Site, and for other purposes’’; to the Com- 02-090] (RIN: 2115-AA97) received November 5, Homeland Security (Select). mittee on Resources. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5465. A letter from the Secretary, Depart- 5445. A letter from the Clerk, United States Committee on Transportation and Infra- ment of Homeland Security, transmitting Court of Appeals for the District of Colum- structure. notification of the establisment of an organi- bia, transmitting an opinion of the United 5455. A letter from the Paralegal Spe- zational unit within the Department of States Court of Appeals for the District of cialist, FAA, Department of Transportation, Homeland Security and the reallocation of Columbia Circuit (02-5056--The Williams transmitting the Department’s final rule — functions among officers at the Department, Companies and Dynegy Midstream Services, Standard Instrument Approach Procedures; pursuant to Public Law 107—296, section 874; Limited Partnership v. Federal Energy Reg- Miscellaneous Amendments [Docket No. to the Committee on Homeland Security (Se- ulatory Commission (October 10, 2003)); to 30390 ; Amdt. No. 3077] received October 24, lect). the Committee on Resources. 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 5466. A letter from the Assistant Secretary 5446. A letter from the Assisatnt Secretary Committee on Transportation and Infra- for Legislative Affairs, Department of State, of the Army for Civil Works, Department of structure. transmitting a copy of Presidential Deter- Defense, transmitting A report on Aquifer 5456. A letter from the Paralegal Spe- mination No. 2004-04 on Waiving and Certifi- Storage and Recovery Project, Miami-Dade cialist, FAA, Department of Transportation, cation of Statutory Provisions Regarding County, Florida, pursuant to Public Law transmitting the Department’s final rule — the Palestine Liberation Organization; joint- 106—541, section 601 (m) (114 Stat. 2692); to Airworthiness Directives; Boeing Model ly to the Committees on International Rela- the Committee on Transportation and Infra- 747SP and 747SR; 747-100B, -200B, -200C, -200F, tions and Appropriations. structure. -300, -400,and -400D; and 767-200 and -300 Se- 5467. A letter from the Secretary, Depart- 5447. A letter from the Chief, Regulations ries Airplanes [Docket No. 2002-NM-106-AD; ment of Homeland Security, transmitting and Administrative Law, USCG, Department Amendment 39-13326; AD 2003-20-08] (RIN: notification of the transfer of a function

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\L18NO7.000 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11391 within the Department of Homeland Secu- channel services to protect the privacy of By Mr. TOM DAVIS of Virginia: rity, pursuant to Public Law 107—296, section their customers, and for other purposes; to H. Con. Res. 328. Concurrent resolution rec- 872; jointly to the Committees on Transpor- the Committee on Energy and Commerce. ognizing and honoring the United States tation and Infrastructure and Homeland Se- By Mr. OTTER (for himself, Mr. Armed Forces and supporting the designa- curity (Select). MCDERMOTT, Mr. DICKS, Mr. SMITH of tion of a National Military Appreciation Under clause 2 of rule XIII, reports of Washington, Ms. DUNN, Mr. HASTINGS Month; to the Committee on Government committees were delivered to the Clerk of Washington, Mr. SIMPSON, Mr. Reform. for printing and reference to the proper LARSEN of Washington, Mr. By Mr. CARDIN (for himself, Mr. VIS- calendar, as follows: NETHERCUTT, Mr. BAIRD, Mr. INSLEE, CLOSKY, and Mr. LEVIN): Mr. REHBERG, Mr. YOUNG of Alaska, H. Res. 445. A resolution expressing the dis- Mr. POMBO: Committee on Resources. and Mrs. CUBIN): approval of the House of Representatives H.R. 2584. A bill to provide for the convey- H.R. 3512. A bill to provide for the estab- with respect to the report issued on Novem- ance to the Utrok Atoll local government of lishment of demonstration programs to ad- ber 10, 2003, by the World Trade Organization a decommissioned National Oceanic and At- dress the shortages of health care profes- (WTO) Appellate Body which concluded that mospheric Administration ship (Rept. 108– sionals in rural areas, and for other pur- United States safeguard measures applied to 378). Referred to the Committee of the Whole poses; to the Committee on Energy and Com- the importation of certain steel products House on the State of the Union. merce. were in violation of certain WTO agree- Mr. POMBO: Committee on Resources. By Mr. PALLONE: ments, calling for reforms in the WTO dis- H.R. 2907. A bill to provide for a land ex- H.R. 3513. A bill to amend the Public pute settlement system, and for other pur- change in the State of Arizona between the Health Service Act to direct the Secretary of poses; to the Committee on Ways and Means. Secretary of Agriculture and Yavapai Ranch Health and Human Services to expand and By Mr. RYUN of Kansas (for himself, Limited Partnership; with an amendment intensify programs with respect to research Mr. OTTER, Mr. SAM JOHNSON of (Rept. 108–379). Referred to the Committee of and related activities concerning elder falls, Texas, Mrs. MUSGRAVE, Mr. ISTOOK, the Whole House on the State of the Union. and for other purposes; to the Committee on Mr. BARRETT of South Carolina, Mr. f Energy and Commerce. WILSON of South Carolina, Mr. By Mr. PETERSON of Pennsylvania: TOOMEY, and Mr. HOSTETTLER): PUBLIC BILLS AND RESOLUTIONS H.R. 3514. A bill to authorize the Secretary H. Res. 446. A resolution expressing the Under clause 2 of rule XII, public of Agriculture to convey certain lands and sense of the House of Representatives that bills and resolutions were introduced improvements associated with the National the Supreme Court should base its decisions and severally referred, as follows: Forest System in the State of Pennsylvania, on the Constitution and the Laws of the and for other purposes; to the Committee on United States, and not on the law of any for- By Mr. FILNER: Agriculture. eign country or any international law or H.R. 3506. A bill to amend the Federal By Mr. THORNBERRY (for himself and agreement not made under the authority of Power Act to authorize a State to regulate Mr. SNYDER): the United States; to the Committee on the the sale at wholesale of electric energy gen- H.R. 3515. A bill to establish an inde- Judiciary. erated, transmitted, and distributed solely pendent nonpartisan review panel to assess By Mr. TOWNS (for himself, Ms. NOR- within that State, and for other purposes; to how the Department of State can best fulfill TON, Mrs. CHRISTENSEN, Ms. LEE, Ms. the Committee on Energy and Commerce. its mission in the 21st century and meet the JACKSON-LEE of Texas, Mr. LANTOS, By Mr. SHERMAN (for himself, Mr. challenges of a rapidly changing world; to Mr. WAXMAN, Ms. SCHAKOWSKY, Mr. ISRAEL, Mr. CROWLEY, Mrs. MCCAR- the Committee on International Relations. OWENS, Mr. BISHOP of Georgia, and THY of New York, Mr. WEINER, Mr. By Mr. WAXMAN: Mr. SCOTT of Georgia): LYNCH, Mr. GEORGE MILLER of Cali- H.R. 3516. A bill to suspend temporarily the H. Res. 447. A resolution recognizing the fornia, Mr. FARR, Ms. MILLENDER- duty on 586 intermediate blended colorants horrific effects of obstetric fistulas and urg- MCDONALD, Ms. WOOLSEY, Mrs. in acqueous solution; to the Committee on ing that programs be initiated to prevent CAPPS, Mrs. DAVIS of California, Ms. Ways and Means. and treat obstetric fistulas; to the Com- LOFGREN, Ms. PELOSI, Mr. MATSUI, By Mr. WAXMAN: mittee on Energy and Commerce, and in ad- Mr. SCHIFF, Ms. LEE, Mr. BERMAN, H.R. 3517. A bill to suspend temporarily the dition to the Committee on International Mr. HONDA, Mr. LANTOS, and Ms. duty on 786 neutral vinyl acetate polymer in Relations, for a period to be subsequently de- HARMAN): acqueous solution; to the Committee on termined by the Speaker, in each case for H.R. 3507. A bill to expand homeownership Ways and Means. consideration of such provisions as fall with- opportunities in States having high housing By Mr. WAXMAN: in the jurisdiction of the committee con- costs; to the Committee on Financial Serv- H.R. 3518. A bill to suspend temporarily the cerned. ices. duty on 486 paint based on aqueous vinyl By Mr. WILSON of South Carolina: By Mr. HOUGHTON (for himself and polymer; to the Committee on Ways and H. Res. 448. A resolution recognizing the Mr. RANGEL): Means. establishment of the Rotary Club of Capitol H.R. 3508. A bill to amend the Internal Rev- By Mr. KIND (for himself, Mr. TAYLOR Hill and the important contributions of Ro- enue Code of 1986 to expand the tax benefits of Mississippi, Mr. UPTON, Mr. DAVIS tary Clubs to society; to the Committee on for the New York Liberty Zone; to the Com- of Florida, Mr. CASTLE, Mr. MEEKS of Government Reform. mittee on Ways and Means. New York, and Mr. HOUGHTON): By Mr. INSLEE (for himself, Mr. BART- H. Con. Res. 325. Concurrent resolution res- f LETT of Maryland, Mr. EHLERS, Mr. olution honoring the members of the Na- MEMORIALS FROST, Mr. BOEHLERT, Mr. VAN tional Guard and Reserve components of the HOLLEN, Mr. LEACH, Mr. LARSEN of Armed Forces; to the Committee on Armed Under clause 3 of rule XII, memorials Washington, Mr. UDALL of Colorado, Services. were presented and referred as follows: Ms. BALDWIN, Mr. BLUMENAUER, Mrs. By Mrs. NAPOLITANO (for herself, Mr. 215. The SPEAKER presented a memorial DAVIS of California, Mr. GUTIERREZ, FARR, Mr. GRIJALVA, Mr. MCNULTY, of the Legislature of the State of Michigan, Mr. HASTINGS of Washington, Mr. Ms. ROS-LEHTINEN, Mrs. TAUSCHER, relative to Senate Concurrent Resolution HINCHEY, Mrs. JONES of Ohio, Ms. and Mr. WOLF): No. 20 memorializing the United States De- KAPTUR, Ms. LEE, Mr. MCDERMOTT, H. Con. Res. 326. Concurrent resolution ex- partment of Homeland Security to locate its Mr. SMITH of Washington, and Ms. pressing the sense of Congress regarding the Midwestern headquarters at the Selfridge WOOLSEY): arbitrary detention of Dr. Wang Bingzhang Air National Guard Base in Macomb County; H.R. 3509. A bill to amend the Public Util- by the Government of the People’s Republic to the Committee on Homeland Security (Se- ity Regulatory Policies Act of 1978 to pro- of China and urging his immediate release; lect). mote energy independence and self-suffi- to the Committee on International Rela- 216. Also, a memorial of the House of Rep- ciency by providing for the use of net meter- tions. resentatives of the State of Michigan, rel- ing by certain small electric energy genera- By Mr. CROWLEY (for himself, Mr. ative to House Resolution No. 47 memori- tion systems, and for other purposes; to the SMITH of New Jersey, Mr. EVANS, and alizing the United States Department of Committee on Energy and Commerce. Mr. ENGLISH): Homeland Security to locate its Midwestern By Mr. LYNCH: H. Con. Res. 327. Concurrent resolution headquarters at the Selfridge Air National H.R. 3510. A bill to designate Angola under calling on the Government of Indonesia and Guard Base in Macomb County; to the Com- section 244 of the Immigration and Nation- the Free Aceh Movement to immediately de- mittee on Homeland Security (Select). ality Act in order to make nationals of An- clare a ceasefire and halt hostilities in the 217. Also, a memorial of the House of Rep- gola eligible for temporary protected status Indonesian province of Aceh, end all human resentatives of the State of Hawaii, relative under such section; to the Committee on the rights violations, and return to negotiations to House Concurrent Resolution No. 51 me- Judiciary. with significant Acehnese civil society and morializing the Secretary of the Department By Mr. MARKEY: international involvement, and for other of Homeland Security to establish a Pacific H.R. 3511. A bill to amend the Communica- purposes; to the Committee on International Oceanic Administrative Region within the tions Act of 1934 to require vendors of multi- Relations. Department of Homeland Security to be

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\L18NO7.000 H18PT1 H11392 CONGRESSIONAL RECORD — HOUSE November 18, 2003

headquartered in Honolulu; to the Com- H.R. 898: Mr. JANKLOW and Mr. HOEKSTRA. H.R. 2094: Mr. GORDON, Ms. BERKLEY, and mittee on Homeland Security (Select). H.R. 919: Mr. REHBERG and Mr. MCCOTTER. Mr. FARR. 218. Also, a memorial of the General As- H.R. 935: Mr. OLVER. H.R. 2157: Mr. CROWLEY and Mr. PAYNE. sembly of the State of New Jersey, relative H.R. 956: Mr. GREEN of Texas, Mr. MCGOV- H.R. 2214: Mr. WILSON of South Carolina. to Assembly Resolution No. 307 expressing ERN, Mr. JACKSON of Illinois, Mr. CUMMINGS, H.R. 2216: Mr. MEEKS of New York. opposition to the move of Head Start funding Mrs. MCCARTHY of New York, Mr. GUTIERREZ, H.R. 2217: Mr. MILLENDER-MCDONALD, Mr. by the federal government from the Depart- and Mr. MEEKS of New York. HASTINGS of Florida, and Mr. MEEKS of New ment of Health and Human Services to the H.R. 970: Mr. STARK. York. Department of Education and also expressing H.R. 973: Mr. CRANE. H.R. 2238: Mr. HOEKSTRA. opposition to provide Head Start funding on H.R. 1032: Mr. GOODE. H.R. 2239: Mr. SHAYS, Mr. TOM DAVIS of a block grant basis; to the Committee on H.R. 1034: Mr. FROST, Mr. JACKSON of Illi- Virginia, Mr. BASS, Mr. ALLEN, and Mr. Education and the Workforce. nois, and Mr. HONDA. CLAY. 219. Also, a memorial of the Senate of the H.R. 1049: Mr. ANDREWS. H.R. 2323: Mr. MENENDEZ. State of Michigan, relative to Senate Reso- H.R. 1056: Mr. CARDIN. H.R. 2353: Mr. JACKSON of Illinois. lution No. 4 memorializing the United States H.R. 1057: Mr. TOOMEY and Mr. BEAUPREZ. H.R. 2371: Mr. HOEFFEL and Mr. SHERMAN. Congress to enact legislation to give states H.R. 1117: Mr. CUNNINGHAM, Mr. BEAUPREZ, H.R. 2394: Mr. KIND and Mr. SCHIFF. the authority to ban out-of-state solid waste; Mr. PEARCE, and Mr. RADANOVICH. H.R. 2404: Mr. WEINER, Mr. MURTHA, Mr. to the Committee on Energy and Commerce. H.R. 1125: Mr. HOLDEN. DINGELL, Mr. HUNTER, Mr. HOUGHTON, and 220. Also, a memorial of the Senate of the H.R. 1155: Mr. TIBERI and Mr. ROTHMAN. Mr. HOLDEN. H.R. 2444: Mr. ROGERS of Kentucky. State of Michigan, relative to Senate Reso- H.R. 1179: Mr. SAXTON. H.R. 2492: Mr. BOYD. lution No. 12 memorializing the United H. R. 1205: Mr. KENNEDY of Rhode Island. H.R. 2505: Mr. GUTIERREZ. States Congress to enact legislation to au- H.R. 1212: Ms. KILPATRICK. H.R. 2510: Mr. CALVERT. thorize states to prohibit or restrict foreign H.R. 1220: Mrs. MILLER of Michigan and Mr. H.R. 2511: Mr. CARDOZA and Mrs. WILSON of municipal solid waste and to urge the Envi- TERRY. H.R. 1258: Mr. VAN HOLLEN and Mr. ROTH- New Mexico. ronmental Protection Agency to ensure full H.R. 2515: Mr. SHAYS, Ms. ROYBAL-ALLARD, compliance with the Agreement Between the MAN. H.R. 1295: Ms. MCCARTHY of Missouri, Mr. and Ms. CARSON of Indiana. Governemnt of Canada and the Government H.R. 2516: Mr. WU. of the United States Concerning the JACKSON of Illinois, and Mr. COOPER. H.R. 1310: Mr. BURNS. H.R. 2579: Mr. TURNER of Ohio. Transboundary Movement of Hazardous H.R. 2584: Mr. FLAKE. Waste; to the Committee on Energy and H.R. 1345: Mr. OLVER. H.R. 1372: Ms. PRYCE of Ohio and Mr. H.R. 2626: Mr. MEEKS of New York. Commerce. H.R. 2699: Mr. CAMP. CUNNINGHAM. 221. Also, a memorial of the Senate of the H.R. 2700: Mr. GRIJALVA. H.R. 1406: Mr. DEAL of Georgia. State of Michigan, relative to Senate Reso- H.R. 2702: Mr. LEVIN and Mr. ROHRABACHER. H.R. 1414: Mr. TAUSCHER and Ms. lution No. 167 memorializing the United H.R. 2705: Mr. MEEHAN. SCHAKOWSKY. States Congress to enact legislation to ex- H.R. 2719: Mr. KING of New York and Mr. H.R. 1430: Mr. GREEN of Texas, Mr. ACKER- tend to the states more authority for the FILNER. MAN, Mr. JACKSON of Illinois, Mr. CUMMINGS, management of solid waste; to the Com- H.R. 2735: Mr. SKELTON, Mr. ISAKSON, and Mrs. MCCARTHY of New York, Mr. PRICE of mittee on Energy and Commerce. Mr. GRIJALVA. North Carolina, Mr. GUTIERREZ, and Mr. 222. Also, a memorial of the Senate of the H.R. 2768: Mr. STUPAK, Mr. MCHUGH, and MEEKS of New York. State of Michigan, relative to Senate Reso- Mr. KENNEDY of Minnesota. H.R. 1483: Mrs. CAPPS. lution No. 52 memorializing the United H.R. 2809: Mr. SHAYS. H.R. 1499: Mr. MCDERMOTT and Mr. MORAN States Congress to enact legislation to in- H.R. 2810: Mr. SHAYS. of Virginia. clude the services of licensed professional H.R. 2816: Mr. SCHIFF and Mr. UDALL of H.R. 1592: Mr. PAUL. conselors and marriage and family therapists Colorado. H.R. 1622: Mr. PICKERING. among services covered under Medicare; H.R. 2818: Mr. GREEN of Texas and Mrs. H.R. 1634: Mr. POMEROY. jointly to the Committees on Ways and CHRISTENSEN. H.R. 1657: Mr. PASTOR and Mr. HINCHEY. Means and Energy and Commerce. H.R. 2839: Mr. STRICKLAND, Mr. GREEN of H.R. 1699: Mr. NEY. 223. Also, a memorial of the General As- Wisconsin, and Mr. PUTNAM. H.R. 1749: Ms. BORDALLO. sembly of the State of New Jersey, relative H.R. 2853: Mr. WATT. H.R. 1752: Mr. GUTIERREZ. to Assembly Resolution No. 318 memori- H.R. 2929: Mr. PICKERING, Mr. WYNN, Mr. H.R. 1783: Mrs. MYRICK. alizing Congress to enact, and the President ENGEL, Mr. RUSH, Mr. BOUCHER, and Mr. STU- H.R. 1784: Mr. MORAN of Virginia. of the United States to sign into law, a pre- PAK. H.R. 1793: Mr. KING of Iowa. scription drug benefit in the Medicare pro- H.R. 2963: Ms. LOFGREN, Ms. BORDALLO, and H.R. 1819: Mr. DOYLE and Mr. KING of Iowa. Mr. BLUMENAUER. gram; jointly to the Committees on Ways H.R. 1863: Mr. PAYNE, Mr. GRIJALVA, and and Means and Energy and Commerce. H.R. 2968: Mr. PORTER. Mr. DOYLE. H.R. 2983: Mrs. CHRISTENSEN, Mr. WYNN, f H.R. 1865: Ms. NORTON. and Mr. RENZI. H.R. 1914: Mr. BLUMENAUER, Mr. CARTER, H.R. 2986: Mr. OBERSTAR, Ms. PRYCE of ADDITIONAL SPONSORS Mr. MCCRERY, Mr. BISHOP of Utah, Mr. Ohio, Mr. FORD, Mr. SULLIVAN, Mr. WELLER, Under clause 7 of rule XII, sponsors BONILLA, Mr. CULBERSON, Mr. DELAHUNT, Mr. Mr. LEWIS of Kentucky, Mr. BRADY of Penn- LINCOLN DIAZ-BALART of Florida, Mr. MARIO were added to public bills and resolu- sylvania, Mr. MURTHA, Mr. SABO, Mr. KAN- DIAZ-BALART of Florida, Mr. DREIER, Mr. tions as follows: JORSKI, Ms. ESHOO, Mr. HASTINGS of Florida, HOSTETTLER, Mr. HUNTER, Mr. KELLER, Mr. Mr. DICKS, Mr. JANKLOW, Mr. SIMMONS, Mr. H.R. 25: Mr. BILIRAKIS. KNOLLENBERG, Mr. PICKERING, Mr. RENZI, Mr. ADERHOLT, Mr. HOBSON, Mr. COBLE, Mr. H.R. 162: Mr. MCCOTTER. RYUN of Kansas, Mr. BRADY of Texas, Mr. SCHROCK, Mr. ROGERS of Michigan, and Ms. H.R. 218: Mr. NUNES. CUMMINGS, Mr. DICKS, Mrs. EMERSON, Mr. HART. H.R. 290: Mr. DAVIS of Illinois, Mr. GREEN- FRELINGHUYSEN, Mr. FLAKE, Mr. GREEN of H.R. 3002: Mr. DEAL of Georgia. WOOD, and Ms. MCCARTHY of Missouri. Wisconsin, Mr. GREENWOOD, Mr. HASTINGS of H.R. 3009: Mr. OWENS and Mr. VITTER. H.R. 339: Mr. BURGESS. Washington, Mr. KENNEDY of Rhode Island, H.R. 3024: Mr. GOODE. H.R. 358: Mr. PAUL. Mr. LEWIS of Kentucky, Mr. MCINNIS, Mr. H.R. 3045: Mr. SCHIFF. H.R. 369: Mr. GEPHARDT. MICA, Mr. NORWOOD, Mr. POMBO, Mr. ROTH- H.R. 3051: Mr. STRICKLAND, Ms. WOOLSEY, H.R. 375: Mr. ROGERS of Alabama. MAN, Mr. RYAN of Wisconsin, Mr. SHADEGG, Mr. GUTIERREZ, and Mr. RAHALL. H.R. 463: Ms. GRANGER and Mrs. BIGGERT. Mr. WAMP, Mr. YOUNG of Florida, Mrs. H.R. 3058: Mr. MILLER of Florida. H.R. 570: Mr. Baird. CAPPS, Mr. CLAY, Mr. DUNCAN, Mr. FOLEY, H.R. 3085: Mr. KUCINICH. H.R. 571: Mr. VISCLOSKY and Mr. BURGESS. Mr. HASTINGS of Florida, Ms. EDDIE BERNICE H.R. 3092: Mr. BERRY, Mr. BERMAN, and Mr. H.R. 738: Ms. LEE. JOHNSON of Texas, Mr. KIRK, Mr. LATHAM, HASTINGS of Washington. H.R. 745: Mr. KENNEDY of Rhode Island. Ms. MCCOLLUM, Mr. MCHUGH, Mrs. H.R. 3103: Ms. LOFGREN, Mr. SNYDER, and H.R. 785: Mr. BEAUPREZ, Mr. DELAHUNT, and NAPOLITANO, Mrs. NORTHUP, Mr. REYES, Mr. Mr. TIBERI. Mr. LANGEVIN. REYNOLDS, Ms. SCHAKOWSKY, Mr. SHAW, Mr. H.R. 3104: Mr. MCCOTTER, Mr. JONES of H.R. 798: Mr. GERLACH. SWEENEY, Mr. VITTER, Ms. WATSON, Mr. North Carolina, Mr. GREEN of Wisconsin, and H.R. 811: Ms. LEE. WEXLER, Mr. WHITFIELD, and Mr. SERRANO. Mr. SPRATT. H.R. 814: Mr. MICHAUD, Mr. SNYDER, and H.R. 1918: Ms. CARSON of Indiana. H.R. 3111: Mr. POMEROY. Mr. SAXTON. H.R. 1919: Ms. NORTON, Mr. SANDERS, and H.R. 3125: Mr. HERGER and Mr. BILIRAKIS. H.R. 857: Mr. LARSON of Connecticut and Mr. CARDOZA. H.R. 3133: Mr. SANDERS and Ms. NORTON. Mr. GRIJALVA. H.R. 1993: Mr. WEXLER. H.R. 3184: Ms. MCCARTHY of Missouri. H.R. 876: Mr. SANDLIN, Mr. NEY, Mrs. EMER- H.R. 2011: Mr. WATT. H.R. 3191: Mr. SMITH of Texas, Mr. MAR- SON, Mr. PEARCE, Mr. HINCHEY, Mr. H.R. 2038: Mr. PALLONE. SHALL, Mr. SHAW, Mr. CALVERT, Mr. MAN- GILCHREST, and Mr. MCDERMOTT. H.R. 2060: Ms. WOOLSEY. ZULLO, Mr. GIBBONS, and Mr. GOODLATTE.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\L18NO7.001 H18PT1 November 18, 2003 CONGRESSIONAL RECORD — HOUSE H11393

H.R. 3205: Mr. VAN HOLLEN. H.R. 3344: Mr. NETHERCUTT, Mr. PETERSON H. Con. Res. 276: Mr. HOEFFEL, Ms. JACK- H.R. 3242: Mr. PUTNAM. of Minnesota, Ms. HOOLEY of Oregon, Mr. SON-LEE of Texas, Mrs. JONES of Ohio, and H.R. 3244: Mr. MORAN of Virginia, Mr. RYAN of Ohio, and Ms. BERKLEY. Mr. GUTIERREZ. SMITH of Washington, Ms. KAPTUR, Mr. RA- H.R. 3350: Mr. SANDERS and Mr. FROST. H. Con. Res. 298: Mr. ROGERS of Michigan. HALL, Mr. GUTIERREZ, Mr. KILDEE, Mr. H.R. 3367: Mr. ANDREWS. H. Con. Res. 308: Ms. MCCOLLUM, Mr. RODRIGUEZ, and Ms. CORRINE BROWN of Flor- H.R. 3370: Mr. TOWNS, Mr. FROST, and Mr. MENENDEZ, Mr. BILIRAKIS, Mr. CHABOT, and ida. GORDON. Mr. MILLER of Florida. H.R. 3263: Ms. PRYCE of Ohio. H.R. 3380: Mr. ETHERIDGE and Mr. H. Con. Res. 310: Mr. BARTLETT of Mary- H.R. 3266: Mr. FROST, Mr. TURNER of Ohio, BALLANCE. land and Mr. MILLER of Florida. Mr. RANGEL, and Mr. GARRETT of New Jer- H.R. 3394: Mr. SHAYS. H. Con. Res. 313: Mr. RANGEL, Mr. WILSON sey. H.R. 3403: Ms. HARRIS, Mr. HALL, and Mr. of South Carolina, Mr. PITTS, MR. KING of H.R. 3272: Mr. JONES of North Carolina. WELDON of Florida. H.R. 3277: Mr. CUNNINGHAM, Mr. HOEKSTRA, New York, Mr. EMANUEL, Mr. CAMP, Mr. DUN- H.R. 3412: Mrs. JONES of Ohio, Mr. PAUL, Mr. SWEENEY, Mr. NORWOOD, Mr. COLLINS, CAN, Mr. COBLE, Mr. UPTON, Mr. HOLDEN, Mr. and Mr. GERLACH. Mr. CHOCOLA, Mr. BURTON, of Indiana, Mr. JOHN, and Mr. MENENDEZ. H.R. 3416: Mr. KLECZKA. DEMINT, Mr. PORTER, Mr. HYDE, Mr. WICKER, H. Con. Res. 320: Mr. MARSHALL, Mr. H.R. 3422: Ms. CARSON of Indiana. Mr. SENSENBRENNER, Mr. PETRI, Mr. POMBO, MCNULTY, and Mr. MCHUGH. H.R. 3438: Mr. KNOLLENBERG, Mr. Ms. HARRIS, Mr. OSBORNE, Mr. LAHOOD, Mr. H. Res. 45: Mr. PENCE. LOBIONDO, Mr. MOORE, Mr. LYNCH, and Mr. THOMPSON of California, Mr. FEENEY, Mr. H. Res. 157: Mrs. MALONEY and Mr. BROWN MEEHAN. COX, Mr. ROHRABACHER, Mr. STEARNS, Mr. of Ohio. H.R. 3441: Mr. KLECZKA, Mr. MEEKS of New BLUNT, Mr. SAXTON, Mr. ISSA, Mr. LINDER, H. Res. 371: Mr. SMITH of New Jersey and York, and Mr. MCDERMOTT. Mr. TIAHRT, Mr. LOBIONDO, Mr. NEY, Mrs. Mr. RAHALL. H.R. 3452: Mr. VITTER. CUBIN, Mr. JONES of North Carolina, Mr. H. Res. 393: Ms. SOLIS. H.R. 3453: Mr. BACHUS, Mrs. BLACKBURN, WELDON of Pennsylvania, Mr. BARRETT of H. Res. 411: Mrs. CAPPS and Mr. CHOCOLA. Mrs. EMERSON, Mr. GOODE, Mr. HENSARLING, South Carolina, Mr. WAMP, Mr. BONNER, Mr. H. Res. 423: Mr. UDALL of Colorado and Mr. and Mr. WELDON of Florida. SHAYS, Mr. SHUSTER, Mr. RYUN of Kansas, MILLER of Florida. H.R. 3458: Mr. DAVIS of Tennessee and Mr. Mr. MEEHAN, Mr. KIND, Mrs. WILSON of New H. Res. 427: Mr. CULBERSON, Mr. BELL, and TANNER. Mexico, Mr. SHAW, Mrs. KELLY, Mr. CRANE, Ms. SOLIS. H.R. 3459: Mr. ACEVEDO-VILA, Mr. BACA, Mr. DOYLE, Mrs. MCCARTHY of New York, Mr. Mr. BECERRA, Mr. CARDOZA, Mr. GONZALEZ, FATTAH, Mr. LARSON of Connecticut, Ms. Mr. GRIJALVA, Mr. GUTIERREZ, Mr. FROST, f PRYCE of Ohio, Mr. ENGLISH, Mr. WOLF, Mr. Mrs. NAPOLITANO, Mr. PASTOR, Mr. ORTIZ, TURNER of Ohio, Mr. SIMPSON, Mr. EVERETT, Mr. ORTIZ, Mr. REYES, Ms. LINDA T. SANCHEZ Mr. KILDEE, Mr. BRADY of Pennsylvania, Mr. PETITIONS, ETC. of California, Ms. LORETTA SANCHEZ of Cali- WELLER, Mr. LATOURETTE, and Mrs. fornia, and Ms. VELAZQUEZ. Under clause 3 of rule XII, NAPOLITANO. H.R. 3463: Mr. ENGLISH and Mr. SAM JOHN- 43. The SPEAKER presented a petition of H.R. 3294: Mr. EMANUEL. the City of Independence, OH, relative to H.R. 3307: Mr. PETERSON of Pennsylvania. SON of Texas. H.R. 3313: Mr. MILLER of Florida. H.R. 3492: Mr. MILLER of Florida. Resolution 2003–108 petitioning the support H.R. 3325: Mr. WAXMAN. H.R. 3500: Mr. BURR and Mr. MCINTYRE. of the Breast Cancer Patient Protection Act H.R. 3329: Mr. JONES of North Carolina. H. Con. Res. 83: Ms. NORTON. of 2003; which was referred jointly to the H.R. 3338: Mr. SCOTT of Virginia, Mr. H. Con. Res. 247: Mr. TAYLOR of North Committees on Energy and Commerce and FROST, and Ms. MILLENDER-MCDONALD. Carolina. Education and the Workforce.

VerDate jul 14 2003 05:33 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A18NO7.143 H18PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, NOVEMBER 18, 2003 No. 167 Senate The Senate met at 9:30 a.m. and was the whispers of sin and teach us to act RECOGNITION OF THE MAJORITY called to order by the President pro wisely. LEADER tempore [Mr. STEVENS]. Guide our Senators in their delibera- tion. Keep their steps on Your path, The PRESIDENT pro tempore. The PRAYER and may they not waver from following majority leader is recognized. You. Today, let our words, and even The Chaplain, Dr. Barry C. Black, of- f fered the following prayer: our thoughts, bring You pleasure. We love You, Lord, for You are our Let us pray. strength. We pray in Your loving SCHEDULE O God, who is unsearchable in Your Name. Amen. judgments and in Your ways past find- Mr. FRIST. Mr. President, this morn- ing out, we experience awe before the f ing we will begin an hour of debate mystery of Your being and confess that PLEDGE OF ALLEGIANCE prior to the cloture votes on the nomi- we can say nothing worthy of You. You The Honorable HARRY REID led the nation of Thomas Dorr to be Under decide the number of the stars, and call Pledge of Allegiance as follows: Secretary of Agriculture for Rural De- each one by name. I pledge allegiance to the Flag of the velopment. We hope that cloture will Lord, You have given us the gift of United States of America, and to the Repub- be invoked and allow the Senate to this day, so please help us to use it for lic for which it stands, one nation under God, proceed to a vote on the confirmation Your glory. Continue to keep us from indivisible, with liberty and justice for all. of this nomination.

NOTICE If the 108th Congress, 1st Session, adjourns sine die on or before November 21, 2003, a final issue of the Congres- sional Record for the 108th Congress, 1st Session, will be published on Monday, December 15, 2003, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–410A of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Friday, December 12, 2003. The final issue will be dated Monday, December 15, 2003, and will be delivered on Tuesday, December 16, 2003. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after re- ceipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60 of the Capitol. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT W. NEY, Chairman.

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

S14973

.

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A18NO6.000 S18PT1 S14974 CONGRESSIONAL RECORD — SENATE November 18, 2003 Following the cloture votes, the Sen- Mr. Dorr has served capably under a Mr. Dorr has proven that he has the skill ate will resume consideration of the recess appointment which was made by and experience necessary to lead USDA’s VA–HUD appropriations bill. Senators the President on August 9, 2002. The Rural Development efforts. The Senate Com- mittee on Agriculture, Forestry and Nutri- BOND and MIKULSKI reached an agree- Senate committee reviewed his quali- tion recognizes the importance of this posi- ment yesterday which should bring the fications and found him to be well tion and favorably reported (14–7) Mr. Dorr’s bill to a conclusion early today. We qualified. Hearings were held back in nomination in bipartisan fashion on June 18, may be able to finish this morning or 2001 when the other party was in the 2003. early afternoon. majority and controlled the Senate Ag- The confirmation of Mr. Dorr will allow In addition, today we may consider riculture Committee. Opposition to the these vital programs the greatest possibility the nomination of MG Robert T. Clark nomination of Mr. Dorr was expressed of success. Mr. Dorr deserves an up or down to be a lieutenant general in the U.S. at that time, and the nomination was vote in the United States Senate, we urge Army. This nomination will be consid- virtually blocked and returned to the you to vote for his confirmation. Sincerely, ered under a 2-hour time limit which President without being acted upon. American Farm Bureau Federation. was agreed to last week. The President resubmitted that nom- American Meat Institute. Finally, I add that we will also be ination, and it has languished, in ef- American Soybean Association. scheduling any conference reports that fect, for a good while, while Senators National Association of Wheat Growers. may become available. Rollcall votes who have been opposed to the nomina- National Cattlemen’s Beef Association. tion have expressed their concerns. It National Chicken Council. will occur throughout the day today National Corn Growers Association. and Members will be notified as they is clear that the nominee is very well National Cotton Council. are scheduled. qualified, not only because of his expe- National Milk Producers Federation. f rience in business and his knowledge of National Pork Producers Council. rural America and the problems we National Turkey Federation. RESERVATION OF LEADER TIME face, but his understanding of the job United Egg Association. The PRESIDENT pro tempore. Under at the Department of Agriculture United Egg Producers. which he has been asked to assume. United Fresh Fruits and Vegetables Asso- the previous order, the leadership time ciation. is reserved. Mr. Dorr oversees the Department’s USA Rice Federation. f rural development mission area that consists of three agencies, $14 billion of OFFICE FOR THE ADVANCEMENT EXECUTIVE SESSION annual funding authority for loans, OF PUBLIC BLACK COLLEGES, grants and technical assistance to October 2, 2003. rural residents, communities and busi- Hon. TOM HARKIN, THOMAS C. DORR TO BE UNDER nesses, and an $80 billion portfolio of U.S. Senate, Hart Senate Office Building, SECRETARY OF AGRICULTURE existing infrastructure loans to rural Washington, DC. FOR RURAL DEVELOPMENT AND DEAR SENATOR HARKIN: As chair of the America. MEMBER OF THE BOARD OF DI- Council of 1890 Presidents/Chancellors, I am Rural development has over 7,000 em- RECTORS OF THE COMMODITY writing to express our appreciation for your ployees across the United States, in CREDIT CORPORATION continued leadership and to convey our sup- Puerto Rico, the Virgin Islands, and port of Thomas C. Dorr, Under Secretary, The PRESIDENT pro tempore. Under the western Pacific trust territories. Rural Development, U.S. Department of Ag- the previous order, the Senate will pro- This is a big job. It is an enormous re- riculture. ceed to executive session to consider sponsibility and requires someone with For your information, the Council rep- the nomination of Thomas C. Dorr, a business background and with admin- resents the nation’s 18 Black-land-grant col- leges/universities and is a policymaking which the clerk will report. istrative skills to manage an agency of The legislative clerk read the nomi- body that is committed to advancing the this size. land-grant mission. The 1890s are located in nation of Thomas C. Dorr, of Iowa, to Mr. Dorr has a broad base of experi- 17 states, the District of Columbia and the be Under Secretary of Agriculture for ence to draw upon in agriculture, as U.S. Virgin Islands and enroll nearly 50 per- Rural Development; and Thomas C. well as financial and business experi- cent of all students attending HBCUs. We Dorr, of Iowa, to be a Member of the ence. He has served as a member of the work closely with the National Association Board of Directors of the Commodity board of directors of the Seventh Dis- of State Universities and Land-Grant Col- Credit Corporation. trict Federal Reserve Bank of Chicago, leges and provide leadership for the Council The PRESIDENT pro tempore. Under the Iowa Board of Regents from 1991 to of 1890 Colleges/Universities. As ranking member of the Senate Agri- the previous order, the time until 10:30 1997, and as a member and officer of the culture, Nutrition and Forestry Committee, shall be divided equally between the Iowa and National Corn Growers Asso- your support of the 1890s has made a signifi- chairman and ranking member of the ciations. cant difference in the infrastructure of our Agriculture Committee or their des- Prior to this appointment, Mr. Dorr institutions and in our ability to assume ignees. was the president of a family agri- greater responsibility for advancing and se- The Senator from Mississippi is rec- business company consisting of corn curing the nation’s food and agricultural en- ognized. and soybean farms, a State-licensed terprise. Guided by our 1890 Strategic Plan Mr. COCHRAN. Mr. President, I yield commercial grain elevator and ware- (copy enclosed), our universities are invest- ing heavily and wisely in: myself such time as I may consume house, and two limited liability compa- Serving as a vital force in the conduct of under the order. nies. Mr. Dorr is a graduate of teaching, research and extension and public As chairman of the Committee on Morningside College, has a BS degree service; serving as an adjunct to the Amer- Agriculture, I am pleased to announce in business administration, and he is ican economy; expanding and creating new that the committee acted favorably on from Marcus, IA. The support for the partnerships with socially and economically the nomination of Thomas Dorr to be nomination is widespread. I ask unani- distressed communities and government, Under Secretary for the Department of mous consent that copies of letters en- business and industry; transforming the Agriculture for Rural Development and dorsing his nomination be printed in knowledge we produce into solutions de- signed to improve the quality of life of farm- has reported that nomination to the the RECORD. ers and families in rural communities and; Senate. We understand that consider- There being no objection, the mate- providing a seamless network of resources able debate time is planned to be used rial was ordered to be printed in the and services to key stakeholders in the food and so the leader decided to file a clo- RECORD, as follows: and agricultural enterprise. ture on the nomination so we could NOVEMBER 3, 2003. While these achievements are worth not- bring this matter to a conclusion. We DEAR SENATOR: The below signed organiza- ing, the 1890s continue to face nearly insur- will have a vote on cloture after the de- tions urge you to vote in support of the con- mountable barriers in accessing the breath bates. I hope the Senate will vote to firmation of Thomas Dorr as Under Sec- of programs administered by USDA. In re- retary of Rural Development, United States sponse, Under Secretary Dorr has been an in- cut off debate and we can move to a Department of Agriculture. The position of valuable resource in helping us build new vote on this nomination and confirm Under Secretary of Rural Development is and complementary relationships within and Mr. Dorr in this job as Under Secretary critical in a number of ways to the success of without USDA. Most recently, he rep- of Agriculture. rural America and agriculture communities. resented the Department at a town hall

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.002 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14975 meeting, ‘‘Small Farmers’ Voices,’’ spon- gram, I can honestly say that I have never Ron Olson, Waubay, SD; sored by the Council and held at Alcorn felt uncomfortable in Tom’s presence. I have Fred Yoder, President-Elect, Plain City, State University. never heard him offer disparaging remarks OH; More than 200 farmers from the Delta area about people of color, the intrinsic value of Richard Peterson, Mountain Lake, MN; attended the forum—unabashed and relent- diversity, or about small farmers for that Lee Klein, Chairman of the Board, Battle less farmers who represent the bottom of matter. Based on my years of interacting Creek, NE; America’s agriculture industry. In spite of with Tom, I am certain that he is not racist Kyle Phillips, Knoxville, IA; the challenge, Tom was superlative in guid- in any way and would challenge anyone that Charles Alexander, Stonewall, NC; ing the farmers through the economic and would claim otherwise. John Tibbits, Minneapolis, KS; political realities of the global marketplace Needless to say, I am a big supporter of Leon (Len) Corzine, Assumption; IL; and helping them to understand the makeup Tom Dorr. He is bright, articulate, and per- Gerald Tumbleson, Sherburn, MN; of programs and the allocation of resources sonable. He accepts critical comments well, Gregory Guenther, Belleville, IL; at USDA. He has set the state for sustained is not afraid to speak his mind, and dem- Dee Vaughan, Dumas, TX; dialogue between USDA, the 1890s and farm- onstrates rigorous economic thinking at all William Horan, Rockwell City, IA; ers in distress. This represents only a snap- times. Finally, he has a deep understanding Ron Woollen, Wilcox, NE; shot of the many challenges that Under Sec- and appreciation of the issues confronting Gene Youngquist, Cameron, IL. retary Dorr has helped us negotiate. our rural and agriculture communities and I With your strong leadership and unrelent- have no doubt that he will serve our country NATIONAL ASSOCIATION ing support of public servants like Thomas well. I hope that you find my assessment OF WHEAT GROWERS, C. Dorr, we are confident that the 1890s will helpful in your deliberations. If I can provide March 14, 2002. continue to serve as an economic instrument any further information, please feel free to Hon. TOM HARKIN, of the state and the nation. contact me. Chairman, Senate Committee on Agriculture, Sincerely, Sincerely, Forestry and Nutrition, Senate Russell CLINTON BRISTOW, WILLIAM C. HUNTER. Building, Washington, DC. Chair, Council of 1890 Presidents/Chancellors DEAR SENATOR HARKIN: We are writing in & President, Alcorn State University. NATIONAL CORN GROWERS ASSOCIATION, support of Tom Dorr to be confirmed as March 19, 2002. Under Secretary for Rural Development. Mr. FEDERAL RESERVE BANK OF CHICAGO, Hon. TOM HARKIN, Dorr has the vision and experience to help October 9, 2001. Chairman, Senate Agriculture, Nutrition and revitalize the rural landscape of America. Hon. TOM HARKIN, Forestry Committee, Senate Russell, Wash- It is our hope that farm-state Senators will Chairman, Senate Committee on Agriculture, ington, DC. support a person for Rural Development Nutrition and Forestry, Russell Senate Of- DEAR CHAIRMAN HARKIN: For over forty- Under Secretary whom knows farm issues fice Building, Washington, DC. five years, the National Corn Growers Asso- firsthand and has experienced success in this DEAR SENATOR HARKIN: I am writing to you ciation (NCGA) and its affiliated states have challenging and competitive environment. in support of the nomination of Mr. Thomas represented US corn growers working to- Tom Dorr is a true leader that has the talent C. Dorr. I have known Tom for almost seven wards a prosperous rural economy and a suc- and tenacity to be successful. National Asso- years and have come to greatly respect and cessful agricultural industry. With over ciation of Wheat Growers is confident that admire his dedication to the development of 31,000 dues-paying corn growers from 48 Tom will bring solid successful solutions to sound economic and agriculture policies. My states and representing the interest of more the challenging economic environment in initial interactions with Tom occurred dur- than 300,000 farmers who contribute to corn America. ing the time he served on the Board of Direc- check off programs, NCGA takes seriously Rural America is in real trouble. Foreign tors of the Federal Reserve Bank of Chicago. its commitment to our membership and our Agricultural competition is accelerating at a During this time and over the years that colleagues throughout the agricultural sec- rapid pace. Foreign producers can grow crops have followed, I have observed Tom in nu- tor. more economically because of fewer regu- merous settings. These settings have ranged Recently, your Committee completed a latory burdens, relative currency values, and from formal Chicago Fed Board of Directors’ hearing to review the nomination of Tom a host of other factors. Agriculture needs meetings, to a variety of less formal settings Dorr for Under-Secretary for Rural Develop- strong people in senior positions of USDA including celebratory dinners, social func- ment. For the past year, the Committee has who will fight for farmers and rural commu- tions, and conventions, among others. No let the nomination languish, thereby pre- nities, and Tom Dorr is one of those people. matter what the occasion, I can honestly say venting the Department of Agriculture We encourage you to unite behind Tom that I have always found Tom to be the con- (USDA) from providing needed leadership in Dorr as Under Secretary for Rural Develop- summate gentleman, a good listener, and rural America. Throughout this process, we ment. He encompasses the creativity that someone who always offers comments and have been amazed regarding the controversy can bring hope in stemming the exodus of suggestions grounded in a solid under- surrounding Mr. Dorr’s nomination. While people from our rural countryside because of standing of the issues. good people can disagree about ideology and lack of economic opportunity. I have always found Tom’s insights to be philosophy, we do not agree holding rural Sincerely, extremely valuable in a variety of areas, America hostage to ‘‘inside the beltway’’ GARY BROYLES, most notably that related to agricultural politics. President. and economic policy. However, it would be Mr. Dorr has devoted himself to the well an oversight not to mention the solid advice being of the family farmer and his commit- NATIONAL RURAL ELECTRIC and counsel he has provided on issues dealing ment to domestic agriculture is unparal- COOPERATIVE ASSOCIATION, social problems in general and the impact of leled. As a longtime farmer and livestock May 20, 2003. technological change on life in rural and ag- producer in Northwest Iowa, he is intimately Hon. CHARLES E. GRASSLEY, riculture communities, in particular. Tom familiar with the challenges facing the agri- U.S. Senate, Senate Hart Building, Washington, was one of a handful of people to understand culture industry in the Midwest and DC. that while the adoption of technological ad- throughout the country. The Department DEAR SENATOR GRASSLEY: Thank you for vances in the farm sector would lift produc- needs a leader like Tom to help breathe life giving me the opportunity to express the tivity to new levels, these same changes into an agency whose future role will be to concerns of Rural Electric Cooperatives to could also have adverse implications for the positively facilitate change in the farm econ- you and Mr. Dorr, Under Secretary for Rural viability of the traditional family farm. In omy. Development. particular, he often expressed concern for You should know that our association is Mr. Dorr’s frankness in addressing the the plight of the traditional family farm, an nonpartisan and does not endorse political issues facing Electric Cooperatives is much institution facing intense competitive pres- candidates. Our Board and membership serve appreciated. His willingness to answer ques- sures from larger more efficient operators without respect to political affiliation and tions recently expressed by our membership and one typically requiring significant off- our policies and priorities have one singular is most helpful. farm income just to break even. In the face purpose, to do what is best for rural Amer- In light of your support and Mr. Dorr’s of these developments, Tom continually ica. We believe the Senate Agriculture Com- commitment to Rural America, as well as raised concern about the lack of a coherent mittee should act in a similar manner. his willingness to work with Rural Electric plan for maintaining the viability of the Mr. Dorr’s patience throughout the con- Cooperatives, we have no reservations re- small farm on the one hand and dealing with firmation process illustrates his commit- garding Mr. Dorr’s confirmation. the social issues likely to result from their ment to public service and singular desire to Sincerely, potential displacement on the other. help rural America. We respectfully request GLENN ENGLISH, As I noted above, I admire and respect the Committee complete the nomination Chief Executive Officer. Tom. I understand that some parties have process as soon as possible. Not only is it the claimed that Tom is insensitive to issues re- right thing to do, it is vital to ensure that Mr. COCHRAN. Mr. President, I am lated to diversity. As an African American domestic agriculture has a strong place in hopeful that the Senate will act favor- that recently sponsored the Federal Reserve the future of this nation. ably on the nomination. I stand ready Bank of Chicago’s bank-wide diversity pro- Tim Hume, President, Walsh, CO; to answer any questions specifically

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.006 S18PT1 S14976 CONGRESSIONAL RECORD — SENATE November 18, 2003 from any Senators about our findings tion of an Iowan to a position in the I ask unanimous consent that that during the background investigations Federal Government. It gives me no article from the New York Times be and the hearings that were held on the pleasure to do this. printed in the RECORD. nomination. I am convinced he will do This is not personal. I have no per- There being no objection, the mate- an excellent job. sonal acquaintanceship with Mr. Dorr. rial was ordered to be printed in the Before we reported this nomination, I I met him. He came into my office last RECORD, as follows: had an opportunity to discuss the per- year. To the best of my knowledge, [From the New York Times, May 4, 1998] formance in office of this nominee with prior to that our paths had not FOR AMBER WAVES OF DATA; AFTER THE those who had had personal contact crossed—maybe briefly at some point. I GREEN REVOLUTION COMES FARMING’S GEEK with him and had observed closely his have no personal animosity at all to- REVOLUTION management of this agency. I talked ward Mr. Dorr. As I said, I don’t know (By Barnaby J. Feder) with the head of the State agency in him personally. But the record speaks MARCUS, IOWA.—There is a haunting pre- Mississippi, for example, Nick Walters, for itself. science to the ‘‘Evolution of Agriculture,’’ to get his impressions because he had I believe, however, we have a respon- an old chemical company poster on the wall done an excellent job in our State of sibility to review nominees as to of Tom Dorr’s farm office. It ends in 1981 managing the rural development pro- whether they meet the minimum with the invention of a mobile rig to meas- gram. I have a lot of respect for Nick standards for the job. As a member of ure electronically the nutritional value of the Committee on Agriculture, Nutri- animal feed—the time line’s first mention of Walters. He works hard. He is a person a computer. of great ability, and I have known him tion, and Forestry, I have a responsi- Seventeen years later, computers have in- a long time. He had unqualified support bility concerning nominations. We all filtrated every conceivable element of agri- and strong words of endorsement of Mr. do. I have worked with Chairman COCH- culture, influencing what technology-savvy Dorr in how he had managed this de- RAN and formerly with Senator LUGAR, farmers like Mr. Dorr grow, how they grow it partment. He said he was tough minded the former chairman and ranking and how they market the fruits of their but fair minded, and he did the job in member, to move nominees through labor. the Agriculture Committee and to the The terminal beside Mr. Dorr’s desk, for a way that reflected credit on this ad- instance, links him to DTN, a nationwide ag- ministration. floor fairly and expeditiously. I have ricultural and weather data network. There I hope the Senate will vote to invoke done so both as chairman and ranking is also his personal computer and printer, cloture on the nomination and then member, and that has been true of which is part of a local area network con- confirm Mr. Dorr as Under Secretary of nominees for both parties. necting five computers and a server in this Agriculture for Rural Development. It is important to stress that the Ag- small clapboard building. Formerly the I reserve the remainder of our time. riculture Committee did not, in this home of a tenant worker, the office is now The PRESIDENT pro tempore. Who the 108th Congress, hold a hearing on the information hub of 3,800 acres of north- yields time? the nomination of Mr. Dorr. Because of western Iowa prairie where Mr. Dorr and his Mr. BURNS. Mr. President, to break the serious concerns and unanswered 11 full- and part-time employees raise corn, soybeans and hogs, sell seed and run a grain the impasse here—I never really got to questions about this nominee, I repeat- elevator that serves his and neighboring communicate to my friend from Iowa— edly requested that the committee hold farms. I have maybe about 3 minutes of morn- such a hearing, as did other members With gross revenue of about $2 million in ing business. It would go outside this of the committee, but that hearing was most years, the Dorr operations rank among debate. I do not want to be a part of not held. The committee did hold a the 4 percent of the largest commercial this particular issue. If you don’t want hearing in the preceding Congress but, farms that account for 50 percent of the na- me to, that is quite all right with me. as I will explain momentarily, that tion’s agricultural output. Such commercial- hearing raised a host of issues that re- scale farmers are usually among those most But I just ask unanimous consent to active in experimenting with new equipment proceed as in morning business. main unresolved to this day. The ques- and management techniques. The PRESIDENT pro tempore. With- tions have not been cleared up. In fact, To really understand how far things have out objection, it is so ordered. The Sen- they have multiplied. evolved and get a glimpse of where they ator is recognized for 3 minutes. It was the responsibility, I believe, of might be headed, it helps to stroll past Mr. (The remarks of Mr. BURNS are print- the committee to hold a hearing on Mr. Dorr’s secretary (and her computer), past the ed in today’s RECORD under ‘‘Morning Dorr before it reported the nomination bathroom (crowded with three retired com- Business.’’) to the full Senate, and the unusual cir- puters saved for spare parts), and into the The PRESIDENT pro tempore. Does cumstances of this nomination added electronics-stuffed lair of Francis Swain, the technology manager. the Senator from Iowa seek recogni- to the importance of holding that hear- Mr. Swain, a tall, 27-year-old son of a used- tion? ing. This is not a minor nomination. car dealer whose reddish hair is greased back Mr. HARKIN. Mr. President, I yield The Under Secretary for Rural Devel- like a 1950’s rock-and-roller, describes him- myself 15 minutes. I would appreciate opment is critically important to fam- self as ‘‘not in love with crops or pigs or the Chair notifying this Senator when ily-size farms and ranches and to cows.’’ He represents a new breed of worker, I have consumed 15 minutes of my al- smaller communities all across Amer- though, whom many big farms will eventu- lotted 30 minutes. ica. The responsibilities include help- ally need: an agro-geek with a passion for The nomination of Thomas C. Dorr ing build water and waste-water facili- computers and the information revolution. In the increasingly global agricultural for the position of Under Secretary of ties, financing decent, affordable hous- market, American farmers will come to rely Agriculture for Rural Development has ing, and supporting electrical power heavily on technology and information sys- been controversial from the outset. It and rural businesses such as coopera- tems to compete with nations that have has generated a great deal of concern tives. They also include promoting cheaper land and labor, according to experts and opposition and very serious ques- community development and helping like Jess Lowenberg-DeBoer, a Purdue Uni- tions. The controversy has continued to boost economic growth, create jobs, versity agriculture economist who has stud- from Mr. Dorr’s nomination in a pre- and improve the quality of life in rural ied the adoption of computer-driven farm vious Congress to a recess appointment technology. America. These are the responsibilities And so Mr. Dorr is doing what thousands of and then to his nomination in this Con- of this position. other American farmers are doing: using ma- gress. Given those responsibilities, one of chinery laden with electronic controls and I regret very much so many problems this nominee’s first controversies arose sensors to achieve pinpoint seed spacing, have arisen regarding the nomination from Mr. Dorr’s vision of agriculture, analyze soils for moisture and nutrients, of a fellow Iowan. Just as any of us reported in the New York Times on track weather and manage the rates at would feel, it is a matter of real pride May 4, 1998. Mr. Dorr proposed replac- which fertilizer and pesticides are applied. to me when someone from my State is ing the present-day version of the fam- He has experimented with global positioning nominated to a high position in the ily farm with 225,000-acre megafarms, via satellites to track exactly where each machine is as it carries out these functions. Federal Government, regardless of consisting of three computer-linked And come harvest season, still other devices party. This is the first time in my 19 pods. With the average Iowa farm of will calculate crop yields in real time. years in the Senate and 10 years in the about 350 acres, Mr. Dorr’s vision calls What sets the Dorr operation apart from House that I have opposed the nomina- for radical changes. most, though, is having an employee like Mr.

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.004 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14977 Swain assigned to the task of figuring out They will have to get over those fears if And he knows full well that the problem is how to improve and harness the information Mr. Dorr and Mr. Swain are to pursue their often the unpredictable human element. Not- flow. vision of a 225,000-acre operation made up of ing that he has software on his Gateway 2000 Each tractor, pig and farm field is, in Mr. three ‘‘pods,’’ each with its own manager but laptop that keeps fitness records and designs Swain’s eyes, simply a source of data that sharing an information system back at farm workouts for him, he added, ‘‘The flaw is can make the farm more profitable if prop- headquarters. Such an enterprise would be that it doesn’t motivate me to exercise.’’ erly analyzed. The questions that captivate big enough to keep 100-unit trains running to Mr. HARKIN. On another occasion, at him include how much it would cost to track far-away seaports, making the farm likely to soil conditions more thoroughly, how yield receive volume railroad discounts. Such an a 1999 conference at Iowa State Univer- data from a combine might be correlated agricultural factory could also negotiate sity, Mr. Dorr criticized the State of with weather data or fertilizer records, and bargain prices from suppliers and other con- Iowa for failing to move aggressively how computer simulations of projected crop cessions, like just-in-time delivery. toward very large, vertically inte- growth could be used to fine-tune marketing To really prosper, though, this type of grated hog production facilities. The decisions like what portion of the crop to megafarm would need a 21st-century com- record also shows Mr. Dorr attacking pre-sell before harvest. puter network capable of rapidly integrating the ISU extension service and ‘‘My dream is not to farm but to own the information that is piling up in various, in- information company that farmers hook up compatible forms—as well as other data that harassing the director of the ISU to for information on logistics, crop data, so far go ungathered. Leopold Center for Sustainable Agri- whatever,’’ Mr. Swain said. Such integration may be an uphill battle culture. Is this really the attitude and Mr. Dorr, 51, who began farming with his for years to come. Researchers have raised the vision for agriculture and rural father and his uncle in the 1970’s, has a love questions about just how precise soil sam- communities the Under Secretary for of the soil that Mr. Swain lacks. But Mr. plers, yield monitors and other pieces of to- Rural Development ought to bring to Dorr does not let agrarian sentimentality be- day’s equipment really are. And internet the job? fuddle his business acumen. The family farm chat sessions, farm conventions, and plain he grew up with was part of an agricultural old coffee shop conversations in rural towns The person in that position also must enterprise that besides livestock and crops, are alive these days with earthy gripes about be responsive and sensitive to the de- included a feed store and turkey hatchery. proprietary product that do not interface mands of serving America’s very di- After graduating from Morningside College with each other and new technology that verse citizens and communities. That in Sioux City, Iowa, with a Bachelor of promises more than it can deliver. requirement cannot be overemphasized Science in business, Mr. Dorr worked for an Still, Mr. Dorr clings to his vision of a educational research company for three in a department that has been plagued farm sprawling over thousands of individual with civil rights abuses of both em- years. fields—many of which might be only partly That experience exposed him to computers. owned by Mr. Dorr and his relatives, while ployees and clients. Here is what Mr. While traveling for the research company, others could be rented, either for money or Dorr had to say about ethnic and reli- Mr. Dorr made side trips to visit farmers for a share of the crop. gious diversity at that Iowa State Uni- who were transforming family farms into far His information system would know what versity Congress; these are Mr. Dorr’s larger commercial operations. When he re- was grown in each field in the past and how own words on the record: turned to join the Dorr farm, he was con- much it yielded under different growing con- vinced of the need to scrupulously log as ditions. It would also know about crucial I know this is not at all the correct envi- much information as possible about oper- characteristics of the field like irrigation, ronment to say this, but I think you ought ations. drainage and soil. to perhaps go out and look at what you per- Mr. Dorr had already invested more than The system would also have constantly up- ceive [are] the three most successful rural $20,000 in personal computers and farm man- dated information on available labor, ma- economic environments in this state. . . . agement software when he hired Mr. Swain chinery and supplies. Operations like stor- And you’ll notice when you get to looking at in 1990 as office manager and accountant. age, marketing and distribution would be them, that they’re not particularly diverse, ‘‘Fran was ill at ease and less qualified on tied in, so that the past and the projected at least not ethnically diverse. They’re very paper than other candidates,’’ Mr. Dorr re- profitability of each field would be con- diverse in their economic growth, but they called. But Mr. Swain had studied computer stantly visible to Mr. Dorr, his employees, have been very focused, have been very non- science at Nettleton Business College in landowners and the investors he says would diverse in their ethnic background and their Sioux Falls, S.D., while completing the col- be needed to spread the financial risks of religious background, and there’s something lege’s two-year accounting program and his such a big enterprise. there obviously that has enabled them to references raved about his enthusiasm and Assembling this digitally enhanced succeed and to succeed very well. organizational skills. megafarm would require, by Mr. Dorr’s and Again, I ask unanimous consent that By last year, so much of Mr. Swain’s work Mr. Swain’s guesstimate, at least a $2 mil- the transcript of this meeting be print- involved updating and expanding the farm’s lion technology investment. Put it all to- information technology systems that Mr. gether, though, and one can envision a farm ed in the RECORD. Dorr changed his title to technology man- that rearranges planting or harvesting on There being no objection, the mate- ager. the fly as weather changes or new sales op- rial was ordered to be printed in the Mr. Swain, who has often urged Mr. Dorr portunities arise. RECORD, as follows: to invest more rapidly in cutting-edge tech- Without such size and information-man- COMMENTS BY TOM DORR; TRANSCRIPTIONS OF nology, occasionally chafes at more mun- agement capabilities, Mr. Dorr fears that IOWA TAPE dane tasks like analyzing past weather data most farms will end up with as little control to be sure the strains of corn now going into over their destiny and profitability as those I’ve got just a couple of comments, and as particular fields are likely to have time to that today raise chickens under contract to one of the few farmers here, I think I’ll take mature before harvest. giant producers like Tyson and Perdue. In an opportunity—I listened to this comment ‘‘His lack of experience in production gets addition, he says, such size and sophistica- earlier about the ‘‘wow’’ statements, that him out into left field sometimes,’’ Mr. Dorr tion will be needed to provide the kind of job you wanted something to get to the New said of Mr. Swain’s proposals, like his sug- opportunities that will keep the best and York Times. I caution you that that hap- gestion to set up wireless communications brightest rural youngsters from moving way. pened to me once a couple of years ago when from field equipment to the office so that So far, Mr. Dorr and Mr. Swain concede, it I suggested to me that the appropriate model the costs of pesticides are apportioned to the has been hard to sell their vision, which Mr. of a corn soybean farm in Iowa would mesh owners of a rented field as the chemicals are Dorr sees as too risky to pursue on his own. around 225,000 acre operation in an interview applied. While intriguing, such ideas would Investment bankers have said the project is that got the front page of the New York typically cost too much or not be reliable too small and the business plan too fuzzy to Times business section. It screamed around enough with current technology, Mr. Dorr interest them, and other farmers are hanging the world and got back to my hometown, and said. back. I am now presently the pariah of Marcus?, so Still. Mr. Dorr gave Mr. Swain his new Some are merely skeptical. Others are what you wish is what you may get if you’re title to encourage him to continue thinking downright hostile to visions like Mr. Dorr’s not careful. broadly and to make it clear to skeptical because they see aggressive growth strate- My observation though today, that what old-time farmhands that Mr. Dorr valued Mr. gies as a threat to the majority of family you’re really about, as precipitated by this Swain’s work. farms, which are run by part-time farmers gracious gift, is you’re really trying to find Bob Kranig is a 56-year-old equipment op- who also hold down other jobs. But Mr. Dorr your souls. Some of you have heard me say erator and mechanic who, along with Mike considers such thinking a denial of the inevi- that before, and I say that in the context Schwarz, a 38-year-old equipment operator table. ‘‘The typical farmer’s tendency is to that I as a former member of the board of re- for the Dorr farm, has been the main em- go it alone until it’s too late,’’ he said. gents, and one who has always had an abid- ployee coping with the surge in data gath- Yet even Mr. Swain concedes the risks of ing interest in education, have felt that to ering. ‘‘Mike and I are intimidated to a point racing toward a more computerized future. some extent, some of the leadership, myself by the new technology,’’ Mr. Kranig con- ‘‘About half of all information technology included, have failed the institutions start- ceded. projects fail,’’ he said. ing back during the ag crisis of the ’80s that

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.002 S18PT1 S14978 CONGRESSIONAL RECORD — SENATE November 18, 2003 particularly that precipitated all of this—in aggressive about determining what was memorandum that was sent to me the sense that what actually diverted you going to make it happen. And I will caution dated 10–8–99 be printed in the RECORD. from your primary responsibility of teaching you that this very thing is going to happen There being no objection, the mate- and doing research and expected you to de- in crop production in land management. The rial was ordered to be printed in the velop economic development opportunities tools are in place, you have economists on that would quickly turn into more growth this staff that understand what I’m talking RECORD, as follows: for the state. And I think that has been a about, and this will happen. It will evolve MEMORANDUM rather misguided approach, not in every into large grain farming operations that if Date: 10/8/99 case, but I think that that was somewhat of we battle it, if we don’t analyze it and facili- To: See Distribution List a mistake. And as a result, I think you’re tate the growth in this, it could be very dis- From: Thomas C. Dorr really trying to grope with whether or not heartening. Re: Telephone and TeleCommunication you are a group of physical scientists or so- I think our goal ought to be to turn the Taxes cial scientists. In agronomy, I guess I’ve al- state into a vibrant food producing value- Attached to this memo-fax is an informa- ways assumed that you were physical sci- added state, but it will not happen that way tion insert I received with my recent long entists, but I don’t think that’s necessarily within the existing structure of production distance billing. The total tax for this state- the case. And I’m not sure—I’m not making agriculture. So when we look at who we ment is 14.65%. This is outrageous, especially judgmental—I’m not sure that’s good or bad. serve, I think in all honesty that if you truly when you consider that government has had You’re obviously very very passionate about focus on doing good research, good science minimal influence on the evolution of the what you do and so am I. I’m very passionate driven research, and maintaining high peda- telecommunications technology. about what I think we have to be doing in gogical standards and teaching students, The monthly National Access Fee per busi- agriculture. My greatest fear in listening to that you’re products and your science, your ness line of $4.31 in conjunction with the this discussion for the last short day is that, products in terms of your students and your 4.5% ‘‘Federal Universal Access Fee’’ fre- as one of my peers on this panel suggested science will serve you most appropriately quently exceeds the total monthly phone earlier, when I put it in the context if after wherever they may end up at, and probably usage charges, which are necessary to have 60 years of Triple A or Agriculture Adjust- in a much finer model than you would per- emergency phone lines at our individual ment Act Programs, our farm policy or farm haps suspect. farm and hog sites. Those taxes don’t include policy governance has literally frozen us in Thank you. the Federal and State excise and sales taxes. our ability to be creative in our thought Mr. HARKIN. Again, should we have These taxes are confiscatory. School and processes as it related to production agri- as Under Secretary for Rural Develop- local government systems in Iowa alone have culture. been subsidized so long without commensu- I caution you in the standpoint that the ment someone who lacks the judgment rate performance expectations that a large Iowa agriculture rural landscapes are at to avoid uttering such intentionally number have slipped into a slothful state far great risk. They are truly at great risk of be- provocative and divisive remarks? How coming barren economic landscapes. And I does this sort of insensitivity serve the exceeding mediocrity. They probably don’t receive 30% of these taxes, and they surely say this, and I’ve mentioned this earlier at urgent need to reverse USDA’s poor least in a couple of the groups, and I don’t don’t need them. civil rights record? With these kinds of taxation and subsidy say this from the standpoint of sounding like I repeat what Mr. Dorr said: sour grapes. That’s not what it’s intended to, games, you collectively are responsible for I know this is not at all the correct envi- but most of you in this institution through turning Iowa into a state of peasants totally ronment to say this. the various programs, whether you’re a dependent on your largesse. This is unac- merit employee P and S or an active (?) ad- Evidently he is saying it is all right ceptable. mission, your salaries and your retirement to say it, it must be all right to believe I am sure my ranting won’t change your programs through TIA CREP will leave most it, but you just don’t say it publicly in approach to maintaining a constituency de- pendent on government revenue. But should of you much better off than most farmers a meeting such as that. In other words, that you think you’re trying to advantage you decide to take a few side trips through he is kind of saying be careful of where the Iowa countryside, you’ll see an inordi- out here in the country at the time you com- you say it but it is OK to go ahead and plete 30 years of employment in the institu- nate number of homes surrounded by five to tion. And as a result, I think it has to be a believe what he says here, that some- ten cars. The homes generally have a value paramount focus to a more income growth in how economic progress equates with of less than $10,000. This just confirms my the Iowa agriculture sector. Quality is fine— lack of ethnic and religious diversity. ‘‘10 car $10,000 home theory’’. The more you it’s a laudable goal, but income growth has Let me also point to a memorandum try to help the more you hinder. The results to be at the bottom of what you’re about. Mr. Dorr sent to me, in October of 1999, are everywhere. And if it’s not, then I think we’ll be back to complain about charges on his tele- I strongly suggest you take time to read here several more times trying to figure out Thomas Friedman’s new book ‘‘The Lexus phone bill for the national access fee and the Olive Tree’’, then ask yourselves what it is. and the Federal universal service fee. The other thing that’s interesting to me, what really makes sound governance policy. and I know this is not at all the correct envi- The proceeds from these relatively I don’t think confiscatory tax initiatives ronment to say this, but I think you ought modest fees go to help provide tele- count. It is a cinch we aren’t getting wealth to perhaps go out and look at what you per- phone service and Internet access to in Iowa. ceive the three most successful rural eco- rural communities, hospitals, and nomic environments in this state. And I’m schools. It just strikes me as very odd IMPORTANT INFORMATION ON SERVICE FEES not talking about those associated with met- that Mr. Dorr would have responsi- Recent regulatory and industry changes ropolitan areas. But I would submit to you bility for helping rural communities will affect two charges on your current in- that they’re probably the three most suc- obtain telecommunications services voice. The Federal Communications Com- cessful ones. If they’re not the three, two of mission recently approved larger universal these are the three, and it would be Carroll and technology when he was so vehe- service subsidies for schools and libraries. County, Sioux County, and Lyon County. mently opposed to a program that Like other carriers, MCI WorldCom SM col- And you’ll notice when you get to looking at serves that very purpose. This is what lects its contributions for the universal serv- them, that they’re not particularly diverse, he said in that letter, in reference to ice fund by assessing a fee on customer in- at least not ethnically diverse. They’re very the national access fee and the Federal voices. In order to recover the cost of in- diverse in their economic growth, but they universal service fee: creased universal service contributions, be- have been very focused and have been very With these kind of taxation and subsidy ginning with this invoice, the monthly Fed- non-diverse in their ethnic background and games, you collectively are responsible for eral Universal Service Fund charge (FUSF) their religious background, and there’s turning Iowa into a State of peasants, to- is calculated at 4.5% of regulated interstate something there obviously that has enabled tally dependent on your largesse. But should and international billing, reflecting an in- them to succeed and to succeed very well. you decide to take a few side trips through crease of 0.4%. I think we also need to recognize the fact the Iowa countryside, you’ll see an inordi- Also effective with this invoice, the that the change in the hog industry did not nate number of homes surrounded by five to monthly National Access Fee (NAF) in- occur in a vacuum, and it didn’t occur in 10 cars. The homes generally have a value of creased to $4.31 per Business Line, $0.48 per North Carolina and the South by accident. It less than $10,000. This just confirms my ‘‘10 Business Centrex line, and $21.55 per ISDN occurred because we did not create the op- car $10,000 home theory.’’ The more you try PRI or Supertrunk line. The NAF results portunities, the investment opportunities to help, the more you hinder. The results are from monthly per-line charges imposed by and the environment in this state to make it everywhere. many local service providers on long dis- happen. And I submit to you that it would tance carriers for connections to local tele- have occurred and it would have occurred What a slap in the face to poor rural phone networks. with a lot more of our producers being in- people. As a valued customer, you will continue to volved in these kinds of enterprises in a I ask unanimous consent that the en- be notified of any future changes that affect much more broad scope had we been more tire substance of the letter and a what you pay for service.

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.004 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14979 Thank you for using the MCI WorldCom basis, but he was going to custom farm, The PRESIDING OFFICER. The Sen- program. We appreciate your business and saying that each trust had a 100-per- ator has 13 minutes remaining. the opportunity to serve you. cent share in the crop proceeds and Mr. HARKIN. I yield myself an addi- Mr. HARKIN. Mr. President, Mr. Dorr were entitled to receive 100 percent of tional 5 minutes. was given every opportunity but could Federal farm program benefits. The PRESIDING OFFICER. Without not explain this broad attack against Tom Dorr, acting through Dorr’s objection, it is so ordered. helping rural communities. It seems Pine Grove Farm, still farmed the land Mr. HARKIN. Madam President, in clear that Mr. Dorr was degrading the as before, but he had claimed and stat- the telephone conversations that Paul very people and the very rural commu- ed and signed his name on a document Dorr taped, Tom Dorr admitted that nities he is nominated to serve at that the arrangement had become a the so-called custom farming arrange- USDA. He was making light of lower custom farming arrangement. ment was, in fact, a crop share. This is income Americans in rural commu- This is very important. He knowingly in a telephone conversation in which nities who are struggling to make a signed that document. Mr. Dorr said: living and get ahead. And he is saying At some point, one of the trust bene- Besides those two machine charges, every- that it is counterproductive to try to ficiaries, Mr. Dorr’s brother, Paul Dorr, thing is done on a 50–50 normal crop share help. He said: began to question why the custom basis. It always has. The more you try to help the more you farming fees were so high. Paul Dorr These are not my words; these are hinder. taped at least two conversations with Tom Dorr’s own words on tape. In testimony before the committee, his brother, Tom Dorr, that corrobo- I ask unanimous consent that the Mr. Dorr admitted that he had gotten rated his suspicions that Tom Dorr was transcript of that tape be printed in federally guaranteed student loans. He engaged in misrepresentation. That the RECORD. admitted that he had gotten very gen- tape was made public. Mr. Dorr admit- There being no objection, the mate- erous farm program payments and that ted that that was his voice on the tape. rial was ordered to be printed in the these did not seem to hinder him at all. Paul Dorr contacted the Farm Service RECORD, as follows: But to try to help poor people who live Agency and persisted in his request for TRANSCRIPT OF AUDIO TAPE PROVIDED UPON in $10,000 homes, that hinders them, an investigation. REQUEST FROM THE IOWA STATE FSA OF- you see. Talk about insensitivity. Finally, in the spring of 1996, the FICE, IDENTIFIED AS: COPY OF TAPE LABELED This is a letter he sent to me. In that FSA conducted a review of the Melvin ‘‘EXCERPTS FROM CONVERSATION BETWEEN TOM DORR AND PAUL DORR 6/14/95’’ letter, he was complaining about the G. Dorr Irrevocable Trust. The FSA taxation for the Federal universal serv- found that the forms filed and signed The parties are identified as Person 1 (as- sumed to be Paul Dorr) and Person 2 (as- ice fee. Do you know what the bill was? by Thomas Dorr for the 1993, 1994, and sumed to be Tom Dorr). It was $4.74. He is saying it is confis- 1995 crop-years misrepresented the The following are excerpts from a tele- catory. On the other page, here is the facts. The trust was required to repay phone conversation that was recorded on Federal universal service fee—3 cents $16,638 to the Federal Government. June 14, 1995, occurring between Tom Dorr out of a $21.27 bill, and he is com- Let us fast forward. and Paul Dorr. plaining about it. This is someone who In the fall of 2001, the USDA Office of PERSON 1: I, I guess I’d like to know as a is going to be the Under Secretary of Inspector General conducted a further beneficiary what . . . you know, I know, I review of Mr. Dorr’s affairs. The Office understand your desire to keep this all out fr Rural Development? . . . , in the government’s eyes, um, but I To do any job well, one has to believe of Inspector General asked the Farm still think there should be some sort of ex- in its value. Yet the very purposes of Service Agency to review another planation as to how these, you know exactly USDA’s Rural Development programs trust, the Harold E. Dorr Irrevocable how this percentage, allocation is broken are an anathema to the beliefs and phi- Family Trust. Once again, the trust out, how its, how its applied each year. losophy of Mr. Dorr. was found to be in violation of program PERSON 2: 50/50. I charge the Trust their Lastly, for any nominee the Senate rules because of the misrepresentation half of the inputs, not the machine work. has a responsibility to examine their on forms signed by Thomas Dorr. The And I charge the, I charge the, I take that financial backgrounds and dealings. back, the only machine charge, the machine trust had to pay USDA a total of charge that I have charged always is $12.50 Secretary Veneman put it perfectly $17,151.87 in program benefits and inter- an acre for combining. That was an arrange- when she wrote to me: est for crop-years 1994 and 1995. ment that was entered into when dad and Any person who serves this Nation should Investigations by the USDA Office of Harold were still alive because of the high live by the highest standards. Inspector General and the Farm Serv- cost of combines. Let us see if Mr. Dorr meets this ice Agency determined that for the PERSON 1: Yeah . . . standard. years examined, the forms signed by PERSON 2: Beside from that, uh, I take that Mr. Door was a self-described presi- Tom Dorr misrepresented the trusts’ back, and they also, and we have always charged the landlords a nickel a bushel to dent and chief executive officer of shares in the crop proceeds. FSA found haul the grain into the elevator. Dorr’s Pine Grove Farm Company of that in reality the land in both of these PERSON 1: Um Hmm . . . which he and his wife were the sole trusts was farmed on a 50–50 crop share PERSON 2: Beside those two machine shareholders. In that position as presi- basis and not on a custom farming charges everything is done on a 50/50 normal dent and CEO, Mr. Dorr created an ex- basis. The trusts were, therefore, not crop share basis, it always has. And, and, and ceedingly complex web of farming ar- eligible for the 100-percent share of frequently, quite frankly, I’ve, I’ve kicked rangements. program benefits because Tom Dorr stuff in, or, you know, if there is a split that isn’t quite equal I always try to err on the This is what it kind of looks like. I had misrepresented the actual farming side of the, on the side of the Trust. So, will not try to explain it. It is very arrangement. that’s, that’s the way its been, that’s the complex and very interlocking. But the Mr. Dorr would have us believe that way it always has been and that’s the way operations included land in two trusts either the misrepresentations were in- these numbers will all resolve themselves if that were set up in 1977. For a time, nocent or that there were no misrepre- somebody wants to sit down and go through Tom Dorr through his company, Dorr’s sentations. But the record shows that them that way. Pine Grove Farm, the major company, he knowingly carried on a crop share PERSON 1: It, this was all done that way in farmed the land held in these trusts lease arrangement between Dorr’s Pine an effort to . . . PERSON 2: . . . avoid the $50,000 payment under a 50–50 share lease with half of Grove Farm Company and each of the limitation to Pine Grove Farms. the crop proceeds and half of the farm trusts even as he represented to the PERSON 1: And. . . to, it is to your benefit program benefits going to Dorr’s Pine Farm Service Agency that it was cus- to your other crop acres . . . Grove Farm and half to these trusts. tom farming and not crop share leas- PERSON 2: . . . that’s right . . . This is what is normally called a crop ing. PERSON 1: . . . that, that um, this arrange- ment is set up in, in such a fashion? share arrangement. The PRESIDING OFFICER (Ms. MUR- PERSON 2: That’s correct. Then, beginning in 1988, Mr. Dorr KOWSKI). The Senator’s time has ex- PERSON 1: Uh, do we, as a Trust, um, have filed documents with the USDA stating pired. any risk if the government ever audits such that his operation had changed. He was Mr. HARKIN. Madam President, how an arrangement? Or, was it done your saying no longer farming on a crop share much time do I have remaining? back when it was legal? Is it still legal?

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.013 S18PT1 S14980 CONGRESSIONAL RECORD — SENATE November 18, 2003 PERSON 2: I have no idea if its legal. No one ure, uh, and looking back on in the file, it Based on the seriousness of the viola- has ever called me on it. I’ve done it this may not hurt for you to remind everybody, tions involved, I believe it was the re- way. I’ve clearly kept track of all paper um, maybe even in the annual report.... sponsibility of the committee to exer- work this way. And, uh . . . PERSON 2: I don’t, I don’t, really want to cise due diligence regarding other parts PERSON 1: I, I understand how it works, tell everybody, not because I’m trying to now . . . hide the custom work fees from anybody, but of his complex farming arrangement PERSON 2: I have no idea. I suspect if they because I don’t want to make any bigger deal and to take a look at some years that would audit, and, and somebody would decide out of it than I have to, relative to every- had not been involved in the FSA and to come in and take a look at this thing, body knowing about it, including the govern- OIG investigations. Shortly after the they could, they could probably if they real- ment. March 2002 nomination hearing, Sen- ly wanted to, raise hell with us. Yep, you’re END OF RECORDING. ator MARK DAYTON sent a letter dated absolutely right. Uh, and I’m trying to find Mr. HARKIN. Madam President, March 21 asking for information on the out where I’ve overcharged at. again he said on the tape, various financial entities from 1988 PERSON 1: Well, I, I don’t know what the extension service includes in their, in their, Everything is done on a 50–50 normal crop through 1995, 1988 being the year in um, uh, estimated figure on, on machinery share basis. It always has. which he first changed or said he expense. He says that to his brother on the changed his operation. I wrote Sec- PERSON 2: That, that, that figure, I mean if tape, but he says to the FSA, to the retary Venenman on May 17, 2002, and you look at that figure, and I believe, and I’d taxpayers of America: No, it is not. I on June 6, 2002, seeking a response to have to go back and find it, but I know that am custom farming. the committee’s questions. I discussed this with the trustees and I’m What would be the purpose of mis- We received some responses but crit- fairly certain that its in one of your annual representing these arrangements? Mr. ical questions remained unanswered reports. Uh, that custom fee actually is not and new questions arose. The materials a custom fee. That’s crop rental income to Dorr’s own statements show the mo- me. That’s my share of the income. I mean if tives in this telephone call. As Tom provided in June show that over $70,000 you just sat down and, and, and . . . (5 sec- Dorr said to his brother, the bogus cus- in farm program payments had been re- ond pause with music in the background) ex- tom farming arrangements were set up ceived by the two trusts from 1988 cuse me . . . to ‘‘avoid the $50,000 payment limita- through 1992 under, apparently, the PERSON 1: That’s ok. tion to Pine Grove Farms.’’ very same type of misrepresentation PERSON 2: Uh, what actually happened Again, my fellow Senators, these are that was found in later years. Each there was way back in, uh, perhaps even 89, not my words. These are Tom Dorr’s time the USDA provided the com- but no, no that was in 90 because that mittee with some of the requested in- doesn’t show up until then, Either 90 or 91, own words—his own words. He admits uh, I refiled the way the farm, the Trust land in his own words that he misrepre- formation that turned up new prob- both for the Melvin Dorr Trust and the, the sented to the Federal Government his lems. Again, we tried to get to the bot- uh, Harold Dorr Trust are operated with the farming arrangements, and he did it to tom of his complex financial dealings. ASCS to, quite frankly, avoid minimum pay- get around payment limitations. We know the crop shares were mis- ment limitations. OK? There was the payment limitation represented for two of the entities but PERSON 1: Right connection. A part of the farm program we did not have sufficient information PERSON 2: And I basically told the ASCS payments for land in these two trusts about the others, so the committee re- and reregistered those two operations such quested additional documents from that they are, uh, singularly farm operations should have been paid directly to on their own, OK? Dorr’s Pine Grove Farm under a nor- USDA. We asked the nominee addi- PERSON 1: OK mal crop share arrangement. But they tional questions. These were reason- PERSON 2: And I custom farm it. Alright, so would have counted against Mr. Dorr’s able requests pertaining to valid ques- how are you going to custom farm it? The payment limitation. But instead, be- tions. Secretary Venenman made clear reason I did it was, was to eliminate any po- cause of Mr. Dorr’s misrepresentations, in her letter back to the committee tential, uh, when I could still do it at that that neither the Department nor the point, of, of the government not liking the the USDA payments that should have gone to him were funneled through the nominee would cooperate with or pro- way I was doing it. I knew what was coming. vide any more information to the com- I anticipated it the same as I did with proven trusts and not counted against his pay- corn yields way back in the 70’s when I began ment limitations. mittee. to prove our yields and got basis and the Indeed, the FSA review of Dorr’s I ask consent that a letter from the proven yields up. I transferred these out Pine Grove Farm Company found that Congressional Hispanic Caucus dated when it was still legal and legitimate to do Mr. Dorr’s misrepresentations ‘‘... May 22, 2003, strongly opposing this nominee be printed in the RECORD. so and basically they stand alone. Now, obvi- had the potential to result in Pine ously I’m not going to go out here and oper- There being no objection, the mate- Grove Farms receiving benefits indi- ate all this ground and provide all this man- rial was ordered to be printed in the rectly that would exceed the maximum agement expertise singularly, uh, for the RECORD, as follows: purpose of, of, of doing it on a $60 an acre payment limitation.’’ U.S. CONGRESS, custom fee basis. Subsequently, what’s hap- Federal law provides criminal pen- Washington, DC, May 22, 2003. pened is, the farm, I mean the, the family alties for knowingly making false Hon. THAD COCHRAN, Trust pays all of its expenses and then we re- statements for the purpose of obtaining Chairman, Committee on Agriculture, Senate imburse it and it sells all the income, and it farm program benefits. The USDA Of- Office Building, Washington, DC. sells all the crop, and it reimburses us with fice of Inspector General referred the Hon. TOM HARKIN, the 50/50 split basis. Dorr matter to the U.S. Attorney for Ranking Member, Committee on Agriculture, PERSON 1: I, I, I remember vaguely some- the Northern District of Iowa. Senate Office Building, Washington, DC. thing being discussed about that, I’ll have to DEAR CHAIRMAN COCHRAN AND RANKING go back to the file. . . In February of 2002, that office de- MEMBER HARKIN: On behalf of the Congres- PERSON 2: . . . that’s exactly what’s going clined criminal prosecution due to sional Hispanic Caucus, we write to express on (unintelligible) . . . those custom fees the statute of limitations issues. We may our continued opposition to the confirmation way they are . . . hear some claim that the Office of In- of Thomas Dorr for Undersecretary of Agri- PERSON 1: . . . and then to determine, um, spector General exonerated Mr. Dorr. culture for Rural Development. Further- that, that was, again if that was in writing That simply is not so. The OIG simply more, we urge that Mr. Dorr’s confirmation to us beneficiaries, I guess I missed that and closed the case after the U.S. attorney process not bypass the required hearings nec- I’ll look for that again. Um . . . essary to provide a full accounting of Mr. PERSON 2: Even if it wasn’t I know that decided it could not proceed because Dorr’s very troubling views on agriculture that was clearly discussed with the trustees. the statute of limitations had run. and his equally upsetting stated views on ra- The beneficiaries really had nothing to do Is this the rule by which we say to cial diversity in America. with it. someone they can now get a position in This opposition is not arbitrary, but based PERSON 1: OK, well, well, I appreciate your the Federal Government? You tried to on reasonable concerns. Our opposition is correcting me on the interest and, uh, allo- cheat the Federal Government out of based on Mr. Dorr’s vocal stances on his vi- cating those incomes to those different money, you got caught, you had to pay sion of farming and his resistance to sustain- years. That does make a difference with that able agriculture. One of the biggest threats income. I think the custom fees, uh, when I it back, and you didn’t get prosecuted to independent producers, farm workers, and took a look at that one, and I, you know, I because the statute of limitations had rural communities is the growing corporate just started looking at this in the last 6 run. That is OK, you can take a posi- control of the nation’s food production sys- weeks. When I took a look at that last fig- tion in the Federal Government. tem. Undersecretary Dorr’s vision of farming

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.015 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14981 is one of 225,000 acre operations—one farm tion. Earlier this year, the Senate Agri- a structure of agriculture that would further for every 350 square miles. This is 656 times culture Committee, without a hearing, sent depopulate our rural communities. The Un- the size of the average farm. Such a vision is the nomination to the Senate floor. dersecretary for Rural Development should antithetical to a broader vision of broad- We object to Thomas Dorr’s nomination support policies that ensure thriving and based and equitably distributed growth for for many reasons. First, Mr. Dorr delib- viable rural communities and uphold USDA all of rural America. erately misrepresented his farming oper- standards. This person should also believe in In addition, in comments made publicly ations structure to order to cheat the U.S. the government programs he administers. and reported in the Des Moines press, Mr. government and circumvent payment limita- The undersigned organizations remain con- Dorr believes that diversity of race, eth- tions. On the morning of the Senate Agri- cerned about Mr. Dorr’s vision, his current nicity, and religion detract from economic culture Committee hearing on his nomina- USDA record, and the USDA’s failure to re- productivity. He claimed in a meeting in 1999 tion in March 2002 the Des Moines Register spond to pending questions from the Senate that three of Iowa’s more prosperous coun- published excerpts from a taped conversation Agriculture Committee. We strongly urge ties do well economically because ‘‘they between Mr. Dorr and his brother. In this you to vote against Mr. Dorr’s nomination. have been very non-diverse in their ethnic conversation, Mr. Dorr stated that he had background and their religious background.’’ misrepresented the structure of his farming Mr. HARKIN. I have a letter from the These comments are puzzling, and raise con- operations to ‘‘quite frankly avoid minimum Black Caucus expressing deep concern cerns about his racial sensitivity. payment limitations.’’ The U.S. government about this nomination and pointing The Undersecretary of Rural Development required he return $17,000 in 1995 after a re- out: Before moving forward with the must support a viable and equitable vision view of his Iowa farm operation. nomination, we urge you to carefully In 2002, in the wake of the Senate Agri- for our rural communities. Mr. Dorr’s oppo- consider the concerns we have outlined sition to sustainable agriculture programs, culture hearing and further investigation, support for corporate control of farms, and the Dorr family trust was obligated to repay here, ‘‘only when all parties are satis- his contention that economic prosperity can another $17,000. During the August 2002 Sen- fied should he be given a vote.’’ I ask be contributed to lack of ethnic and religious ate Agriculture Committee meeting, Senator unanimous consent that letter be diversity are the worst possible answers to Harken raised concerned that according to printed in the RECORD, along with a the economic, social and environmental materials provided in June, two Dorr family letter signed by 44 Senators, dated problems facing farm workers and their com- trusts received some $65,000 in farm program June 24, 2003, to Majority Leader FRIST, munities in rural America. Based on Mr. payments from 1988 through 1993. These pay- basically saying they are opposed to ments apparently fall under the very same Dorr’s background and his tenure at the U.S. going ahead with this nomination until Department of Agriculture, it is easy to un- circumstances that led to the total repay- derstand why both civil rights and farmer in- ment of $34,000 for 1994 and 1995. Neverthe- one, the nominee furnishes requested terest organizations have opposed him, his less, the USDA continues to withhold further information, and two, until a hearing extreme corporate views and racial insen- records of Mr. Dorr from the Committee and under oath is held on Mr. Dorr’s nomi- sitivity. the public. nation according to committee rules The Congressional Hispanic Caucus, Second, Thomas Dorr’s vision for increased and normal practice. Latinos, farmers, farmworkers, and farmer concentration in U.S. agriculture and the consolidation of many family farms into sin- There being no objection, the mate- organizations throughout the country oppose rial was ordered to be printed in the the confirmation of Thomas Dorr. What we gular ‘‘megafarms’’ is counter to effective need are USDA officials who represent fam- rural development and the promotion of fam- RECORD, as follows: ily farmers, farmworkers, and sensible farm ily farm and ranch-based agriculture that is U.S. SENATE, policies. Farmers from his own state and at the foundation of healthy rural economies Washington, DC, June 24, 2003. from throughout the country oppose his con- and agriculture communities. He is also on Hon. BILL FRIST, firmation. This opposition may explain why record as strongly opposing sustainable agri- Majority Leader, President Bush found it necessary to ini- culture, including the cutting-edge work of U.S. Senate, Washington, DC. tially appoint Undersecretary Dorr through the Leopold Center at Iowa State University. DEAR MR. LEADER: We write to express our a recess appointment rather than allowing Third, Mr. Dorr has made comments tying deep concern about the nomination of Thom- his nomination to move through a trans- rural economic development with lack of as C. Dorr as Under Secretary for Rural De- parent and formal process in the US Senate. ethnic and religious diversity. Diversity is velopment and member of the Commodity Last, the appointment of Mr. Dorr does little increasing in our nation’s rural commu- Credit Corporation board at the Department to improve the image of an agency plagued nities, and we are concerned that Mr. Dorr’s of Agriculture. The nomination was reported with civil rights violations and class action perspective will prevent him from effectively from the Committee on Agriculture, Nutri- lawsuits from minority farmers. meeting the needs of minority populations. tion and Forestry on June 18. As Senator Harkin said during the Senate For all of these reasons, we strongly op- From the outset, Mr. Dorr has been a high- Agriculture Committee Hearing on August 1, pose the confirmation of Mr. Thomas Dorr ly controversial nominee, due in part to his how does Mr. Dorr’s insensitivity fit the ur- and strongly urge that his views and tenure insensitive and divisive remarks concerning gent need to reverse the USDA’s poor civil at USDA be explored in confirmation hear- ethnic and religious diversity, his dispar- ings. rights record? Fourth, Mr. Dorr strengthened our opposi- aging comments about low income rural Sincerely, Americans and his advocacy of huge mega- THE CONGRESSIONAL HISPANIC CAUCUS. tion to his nomination with his testimony before the Senate Agriculture Committee in farms at the expense of family farms. Ac- Mr. HARKIN. I also have a letter March 2002 during which, in a letter to Sen- cordingly, the Congressional Hispanic Cau- from a number of groups dated October ator Harkin written by Mr. Dorr himself, he cus opposes Mr. Dorr’s confirmation and the 8, 2003, representing family farmers and revealed his disdain for rural residents who Congressional Black Caucus has expressed farm workers across America opposed utilize government programs. In this letter, ‘‘deep concern’’ about the nomination. to this nominee. I ask it be printed in Mr. Dorr complained about a miniscule tax Of critical importance is evidence that Mr. Dorr signed and submitted documents to the the RECORD. on his telephone service saying he believed government payments destroyed the initia- Department of Agriculture in which he mis- There being no objection, the mate- represented his farming arrangements with rial was ordered to be printed in the tive of beneficiaries. This seriously calls into question Mr. Dorr’s ability to fairly admin- two family trusts for the purpose of evading RECORD, as follows: ister programs providing millions of dollars statutory limitations on the amount of farm OCTOBER 8, 2003. in federal loans and grants to those he is program payments he could receive. In fact, DEAR SENATOR, The undersigned organiza- mandated to serve, but about whom he has Mr. Dorr specifically stated in a conversa- tions are dedicated to promoting social, en- made antagonizing statements. tion with his brother that he had set up the vironmental and economic justice through- Mr. Dorr’s track record in the USDA since arrangements to ‘‘avoid a 50,000-dollar pay- out rural and urban America. We are writing his recess appointment has not mitigated ment limitation’’ to his own farm corpora- to ask you to vote against the nomination of our objections. On Friday May 16, 2003, Mr. tion. The misrepresentations, made by Mr. Thomas Dorr as USDA Undersecretary for Dorr testified before the Senate Appropria- Dorr on behalf of the trusts, were a nec- Rural Development when it comes to the tions Subcommittee on Agriculture and essary part of his plan to evade payment lim- Senate floor. This nomination, now more Rural Development. As part of the budget re- itations. When USDA discovered the mis- than two years old, has received on-going, quest for FY 2004, he stated that he views his representations, it required the trusts to widespread grassroots opposition. agency as the ‘‘venture capitalists’’ of rural make restitution to the federal government In August 2002 President Bush appointed America, instead of lender of last resort, its of nearly $34,000. In addition, the evidence Mr. Dorr to the USDA in order to avoid the primary historical mission. showed that USDA had paid out over $70,000 certain rejection of this unsuitable nominee It is not in our nation’s best interest to in earlier years in the same manner and by the full Senate. His recess appointment have an Undersecretary for Rural Develop- under the same arrangements that USDA followed the Senate Agriculture Commit- ment who has admitted misuse of U.S. gov- had found improper and which led to the re- tee’s vote of no confidence when they re- ernment programs, antagonized those he quired $34,000 payment. USDA failed to in- leased his nomination without recommenda- would be charged to serve, and who envisions vestigate these payments, but they raised

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.011 S18PT1 S14982 CONGRESSIONAL RECORD — SENATE November 18, 2003

additional doubts about Mr. Dorr’s dealings CONGRESS OF THE UNITED STATES, concentration. Rural America faces strug- with USDA, including those through other Washington, DC, May 23, 2001. gles that go considerably beyond the fields. parts of his large and complex farming oper- Hon. TOM HARKIN, Rather, it faces issues of crumbling infra- ations. Ranking Member, Committee on Agriculture, structure, lack of planning capacity, out- Nutrition, and Forestry, Russell Senate Of- migration of youth, and a growing digital di- The Agriculture Committee has a responsi- fice Building, Washington DC. vide between urban and rural communities. bility to investigate these matters as part of DEAR SENATOR HARKIN: We are writing Any policy for rural America which does not its examination of the fitness of this nomi- today to register our deep concern regarding recognize the interplay of these many com- nee to serve. In the previous Congress, the the proposed nomination of Tom Dorr for the plex and intersecting concerns does rural Committee sought unravel the complicated Undersecretary of Rural Development at the America injustice. web of Mr. Dorr’s financial dealings with US Department of Agriculture. Recent devel- As you move forward with the consider- USDA. A hearing was held in February of opments have cast doubt upon the Mr. Dorr’s ation of the nomination of Mr. Dorr for the 2002, but it raised more questions than it an- ability to serve all American farmers in a Undersecretary of Rural Development at swered, including disturbing new issues way that is sensitive to their needs and USDA, we urge you to carefully consider the about Mr. Dorr’s truthfulness and veracity struggles. concerns that we have enumerated here. In in sworn testimony to the Committee. The In particular, we are disturbed by recent particular, we urge you to delay confirma- nominee and the administration rebuffed remarks attributed to Mr. Dorr regarding tion until you have an adequate satisfaction subsequent efforts by the Committee to ob- ethnic diversity and economic development. that Mr. Dorr has the requisite expertise and tain information that would have addressed On May 10, the DesMoines Register quoted sensitivity to enable him to address the these very serious questions pertaining di- Mr. Dorr as saying the following: broad range of needs and issues facing rural rectly to Mr. Dorr’s honesty and integrity. ‘‘This is not at all the correct environment America, particularly issues relating to eth- Despite these unresolved problems, the to say this, but I think you ought to perhaps nic diversity and small farms. nominee received a recess appointment in go out and look at what you perceive the Sincerely, August of 2002. three most successful rural economic envi- THE CONGRESSIONAL BLACK CAUCUS. ronments in this state . . . you’ll notice Mr. Dorr was renominated for the position when you get to looking at them that Mr. HARKIN. How much time re- early this year. Despite repeated requests, they’re not particularly diverse, at least not mains? the current Chairman of the Agriculture ethnically diverse. . . . There’s something The PRESIDING OFFICER. Six min- Committee has refused to hold a hearing on there obviously that has enabled them to utes. the serious issues involving Mr. Dorr’s nomi- succeed very well.’’ nation, even though this is a new Congress Mr. COCHRAN. I am pleased to yield Given the past record of the United States 12 minutes to the distinguished Sen- with many new members of the Agriculture Department of Agriculture on matters of ator from Iowa, Mr. GRASSLEY. Committee, it is a new nomination and there ethnic diversity and civil rights, we are are substantial concerns about Mr. Dorr’s shocked to learn that the proposed nominee Mr. GRASSLEY. Madam President, performance in his recess appointment. The would express the belief that ethnic diversity we have heard about the past and Tom nominee and the administration continue to is an impediment to economic growth. Mr. Dorr. I will speak about the present stonewall reasonable efforts and requests in- Dorr’s nomination for a position that would and the future because all the state- tended to resolve the very serious unan- require him to work in counties with exten- ments about the past are not in any swered issues about Mr. Dorr’s fitness as a sive ethnic diversity makes it difficult for us way reflected in the year and a half nominee for high federal office. to understand, much less reconcile ourselves that he served as Acting Under Sec- Indeed, during the June 18 Committee busi- to, such seemingly insensitive statements. The Congressional Black Caucus has long retary. ness meeting at which Mr. Dorr’s nomina- Madam President, I rise this morning tion was reported, the Chairman would not worked to ameliorate USDA’s historic bias against minority farmers and to improve the to support the confirmation of Under even yield to allow the minority to debate capacity of USDA to work with minority and Secretary Thomas Dorr. the nomination or offer a motion for a hear- economically disadvantaged farmers. Given ing—contrary to normal practice and the I know this man. I know what he the ongoing efforts that many members of Chairman’s previous commitment on the stands for. I know what he has accom- this caucus have made in this regard, it is record that the minority would be allowed to plished. Tom Dorr is a fourth genera- possible, even likely, that to confirm Mr. tion ‘‘dirt under the fingernails’’ fam- debate the nomination. A request for as lit- Dorr as the Undersecretary for Rural Devel- tle as three minutes to speak was denied. opment without a deeper investigation into ily farmer. He is a man of vision, a suc- Under the circumstances, we are opposed his sentiments regarding ethnic diversity cessful farmer and business operator. to any action on the Senate floor pertaining would send the message that the Administra- He possesses outstanding financial and to the nomination of Mr. Dorr until such tion lacks an adequate commitment to civil business expertise. He is a community time as 1) the nominee furnishes requested rights and minority farmers. leader and person of character. He is information that would clear up serious Additionally, we have reservations about one of the best, in my opinion, thinkers questions about his honesty and integrity in reports that Mr. Dorr has proposed that the on rural policy issues. future of American farming lies in mega- financial dealings with USDA and his truth- I respect what he has done with fulness and veracity in sworn testimony to a farms of 225,000 acres. As the American agri- cultural sector becomes increasingly con- USDA’s Rural Development mission Senate Committee and 2) a hearing under area. USDA’s Rural Development is oath is held on Mr. Dorr’s nomination ac- centrated and mechanized, small and me- cording to Committee rules and normal prac- dium size farms are already finding it dif- one of the most vital mission areas in tice. ficult to compete with larger and more pow- the U.S. Government for rural areas of erful agricultural operations and interests. this country, like those of my hone In recent decades small farmers, especially State of Iowa. HOUSE OF REPRESENTATIVES, minority farmers, have slowly disappeared as Rural America is home to 65 million Washington, DC, May 20, 2003. our agricultural system has increasingly be- Hon. THAD COCHRAN, come dependent upon a small number of Americans. USDA’s Rural Development Chairman, Agriculture, Nutrition and Forestry large farms. implements programs that aid in the Committee, U.S. Senate, Washington, DC. As large farms have gained marketshare, development of the infrastructure, and Hon. TOM HARKIN, there has been no commensurate improve- provide assistance for housing and Ranking Member, Agriculture, Nutrition and ment in the fortunes of small and medium business development opportunities es- Forestry Committee, U.S. Senate, Wash- farmers. If they are able to stay in business sential to rural America. ington, DC. at all, many of these farmers are forced to This position requires a leader and fight for an ever dwindling share of the agri- DEAR SENATORS: At the request of mem- manager with vision, foresight, and cultural market. In addition, those who are bers of the Congressional Black Caucus, I am leadership skills. President Bush ap- providing you with a copy of a letter which unable to maintain the economic viability of their farms find themselves faced with lim- pointed such a leader over 15 months outlines the reservations many of us have re- ago. President Bush wants Tom Dorr garding the nomination of Thomas Dorr for ited off-farm employment and educational the Undersecretary of Rural Development at opportunities. confirmed to that position in order Rather than accepting the demise of the United States Department of Agriculture. that he may continue to provide him small farmer as a historical inevitability, it guidance. Please find the enclosed letter for your in- is critical that the Department of Agri- Because of his recess appointment, formation. If additional information is re- culture seek ways in which to harness new quired, please contact me. and creative means by which to ensure that we have a track record by which to Sincerely, farms of all sizes can flourish. The future of judge Tom. Tom has served 15 months BENNIE G. THOMPSON, rural America need not reside only in ever as the Under Secretary for Rural De- Member of Congress. increasing economies of scale and market velopment. I, as have many of you,

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.022 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14983 have heard from not only Secretary great job in the short 15 months that bill. However, with the change of farm Veneman and others at USDA of Mr. he has served at Rural Development. bills, there were questions raised Dorr’s accomplishments, but also from Why folks want to let him go now is whether the operations exceeded pay- career staff, and groups who originally beyond me. ment limitations. Rather than incur had concerns. They talk about his lead- I have known Thomas Dorr for many the legal costs to challenge to defend ership, his vision, his intellect, and years and expected this kind of per- their structure, which would have been most importantly, his commitment to formance. I have also been very im- more costly, the family trust repaid rural America. When I hear of com- pressed with his ability to articulate a $17,000 and changed their farming oper- ments like this from his peers and vision for rural America, when he ap- ations as recommended by the county those who work with him, I take par- peared before my Senate Finance Com- FSA committee. ticular note. Let me illustrate some of mittee in August, representing Presi- Further, and as a result of his nomi- the results that have been brought to dent Bush’s programs. nation process, a nonpartisan IG inves- my attention. In addition, I am not the only person tigation found that Tom nor any of his No. 1, he expedited the release of $762 that has been impressed by Tom’s work family members had done anything million of water and wastewater infra- at USDA. Listen to these testimonials: wrong. This opinion is consistent with structure funds provided in the 2002 Secretary Dorr has been an invaluable re- the conclusions reached during two re- farm bill in just 3 months. source in helping us build new and com- views by USDA under both the Clinton No. 2, he led the effort to complete plementary relationships within and without and Bush administrations. Tom Dorr the rulemaking process in order that USDA, the 1890’s and farmers in distress. has been cleared of any wrongdoing re- the $1.5 billion broadband program That is a quote from Dr. Clinton garding farm payments by both Repub- could begin taking applications this Bristow, chair of the Council of 1890 licans and Democrats. year. He believes that if Americans are Presidents and president of Alcorn Second false accusation: Tom Dorr to live locally and compete globally, State University. supports big farms, not family farms. I that it is as imperative to wire the Under Secretary Dorr has been the first talked with Tom about this accusation country for technology access as it was person in this position in several years to because I am adamantly opposed to the to electrify it over 60 years ago. creatively tackle the tough problems facing concentration and consolidation occur- No. 3, in order to facilitate the re- Multi-Family Housing at USDA Rural Devel- ring in rural America and I wanted to view and announcement of the $37 mil- opment. hear his explanation. lion in value-added development That is a quote from Dr. Clinton In 1998, Tom Dorr was interviewed by grants, he is using private-sector re- Jones, senior counsel, House Financial the New York Times and asked to pro- sources to expedite the process. Services Subcommittee on Housing and vide his vision of efficient farming. No. 4, in order to deliver the financial Community Opportunity. With his strong understanding of eco- grants authorized through the Delta Clearly, impartial leaders are im- nomics, he explained his ideas for the Regional Authority, he helped develop pressed with Tom Dorr’s job perform- use of new technologies to take advan- and get signed a memorandum of un- ance. tage of input discounts. He also spoke derstanding between Rural Develop- Tom Dorr has worked as a dedicated about the ability to enhance machin- ment and the Delta Regional Author- public servant for many years in our ery and logistics savings between fam- ity. This will allow Rural Development home State. Tom Dorr served on the ily farmers, and to improve commodity to assist in delivering joint projects at Iowa Board of Regents for all of Iowa’s marketing by establishing technology no added cost to the DRA. universities. This speaks volumes driven arrangements between coopera- No. 5, he facilitated the development about Tom’s ability and character. tive groups of family farmers. of a memorandum of understanding, Tom also served as a member of the This is certainly not a new concept. signed last June by Secretaries Chicago Federal Reserve Bank Board of This is the principle on which coopera- Veneman and Martinez, between the Directors for two complete 3-year tives were based and formed. Tom felt Department of Agriculture and the De- terms, the maximum allowed. Tom that there were more opportunities for partment of Housing and Urban Devel- also served as an officer and director of cooperative efforts that farmers could opment that is focused on better serv- the Iowa and National Corn Growers take advantage of, including more effi- ing housing and infrastructure needs. Associations in the beginning stages of cient use of expensive harvesting and No. 6, he has developed a series of ini- the push for ethanol and renewable en- processing equipment. That is exactly tiatives with HUD that will allow ergy. the challenge that many new genera- Rural Development to more cost effec- Under Secretary Dorr has done an ex- tion cooperatives are undertaking. We tively meet the housing needs of rural emplary job at USDA. No one denies should appreciate new and bold think- America. These have allowed the De- this. This is no surprise to those of us ing rather than criticize those the sug- partment to provide greater access to that know him or have worked with gest new ideas or concepts. housing for all rural Americans, but es- him in the past. The only thing that The PRESIDING OFFICER. The Sen- pecially minority rural Americans in has come as a surprise, related to ator’s time has expired. fulfillment of the President’s housing Tom’s service, are the rumors that Mr. GRASSLEY. I need maybe 2 initiative. have been generated to undermine more minutes. No. 7, he has initiated a review of the Tom. Mr. COCHRAN. Madam President, be- Multi Family Housing program. This Due to my great distaste for perpet- fore yielding further time, I ask unani- includes the hiring of an outside con- uating false accusations, I have great mous consent that the time for debate tractor to conduct a comprehensive reluctance even addressing these mali- prior to the cloture vote be extended property assessment to evaluate the cious points, but because of the fact by 15 minutes, to be equally divided in physical condition, market position, that these issues have been raised, I the usual form. This has been cleared and operational status of the more will quickly address them. on both sides of the aisle. than 17,000 properties USDA has fi- The first false accusation: There is The PRESIDING OFFICER. Without nanced, all while determining how best an issue with farm program payments objection, it is so ordered. to meet the needs of the underhoused to a family trust associated with Tom’s Mr. COCHRAN. Madam President, I throughout rural America. farming operation. Tom’s father and yield an additional 2 minutes to the No. 8, he has initiated a major out- uncle each established a trust in the distinguished Senator. reach program to insure that USDA late 1970s to insure the family farming Mr. GRASSLEY. Finally, the third, Rural Development programs are more operation continued, and more impor- and most egregious, false accusation: easily made available to all qualified tantly that Tom or any of his eight sib- Tom is a racist. individuals, communities and rural re- lings and his uncle’s five children This hurts me to even say it. From gions, and qualified organizations. might also farm if they wished. the projects listed earlier to the com- Although this is an incomplete list of When established, the trusts and the ments I read you, it is clear that Tom his accomplishments, it is easy to see farm operating company were con- has demonstrated the ability as well as that Under Secretary Dorr has done a sistent with the provision of the farm understands the importance of working

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.017 S18PT1 S14984 CONGRESSIONAL RECORD — SENATE November 18, 2003 to empower the underserved and under- Before I talk about the qualifications ure in the Department of Agriculture utilized minority communities. of Mr. Dorr, let me say we have a lot of or in the Federal Government under Simply put Tom Dorr is no racist, good people down at the Department of any circumstances. and anyone who has worked with or Agriculture. They are Republicans. I can’t recall the last time I opposed around him knows that. The comment They are Democrats. They are Inde- a nominee for the Department of Agri- that has been manipulated to generate pendents. They care a lot about rural culture for anything. In 25 years, I this accusation, made during a forum America. They do their best to imple- think I have supported virtually every at Iowa State University, was taken ment the laws we write, to regulate nominee, Republican and Democrat. out of context. where regulation is required. I come to the floor, like my colleague I have not yet met or had any partic- I believe we ought to salute them and Senator HARKIN, expressing regret that ipant of this conference tell me that he thank them for the job they do. I am we have to be here at all, expressing re- or she believes Tom’s remarks were always appreciative of the extraor- gret that this nominee has reached this meant to promote a lack of diversity. dinary task they have been charged point, expressing regret that a nominee Quite the contrary, his actions while at with implementing, given how little of the stature required for this position USDA have served to show anyone who fanfare and how little thanks they of- has falsified documents and used rhet- is interested that he is insightful and tentimes get. That is especially true oric that goes beyond what I consider extremely sensitive to the ongoing for the FSA offices in every county in to be the acceptable tenor of debate issues of the minority populations that most of our States. So I salute them. and approach with regard to diversity are underhoused, underbanked, and in I am disappointed this matter has and the acceptance of our multiracial general, underserved. reached the Senate floor at all. I have and multicultural society today. If anyone should question Tom’s two concerns about Mr. Dorr. The first I hope my colleagues will join us in service at USDA, all you need do is is the one expressed very eloquently recognition that we can do better than visit with former Congresswoman Eva and powerfully last night. I think it this and that we need, at those times Clayton, Dr. Clinton Bristow, Ralph sends all the wrong signals when a per- when we find somebody who is not Paige, executive director of the Fed- son who has falsified documents can be qualified, to simply say so. It is incum- eration of Southern Cooperatives, and confirmed for one of the highest posi- bent upon us to take the responsibility see what they think of Tom Dorr. tions in the Department of Agri- to do that. That is our task this morn- Tom Dorr is the person for the job. culture. We are told he wasn’t pros- ing as we vote. His background, recommendations, and ecuted for having falsified documents, I urge those who will vote to vote no now his track record more than provide but we also know the reason he wasn’t on cloture. justification for him to be confirmed as prosecuted is that the statute of limi- I yield the floor. the Under Secretary for Rural Develop- tations had run out. People hadn’t The PRESIDING OFFICER. Who ment. Tom has already suffered a terrible fully been apprised of the cir- yields time? Mr. COCHRAN. Madam President, disservice through the political witch cumstances until it was too late. That how much time remains on this side? hunt to which he has been subjected. It is the fact. Falsifying documents in this day and The PRESIDING OFFICER. Fifteen would be outrageous if rural America minutes, 43 seconds. were to be deprived of the leadership age, given all of the repercussions le- Mr. COCHRAN. Madam President, I and talent that President Bush has pro- gally and ethically in the Department yield 5 minutes to the distinguished vided for this terribly important posi- of Agriculture as well as throughout Senator from Oklahoma. tion. Rural America is regaining its the entire Government, ought to be The PRESIDING OFFICER. The Sen- economic, social, and cultural momen- taken very seriously. To promote ator from Oklahoma. tum. It would be a shame to deprive it somebody who falsifies documents not Mr. INHOFE. Let me first of all say of leadership at this critical juncture. only destroys the credibility and the that while I appreciate the comments Madam President, I urge my col- essence of our understanding of the re- of the minority leader, I don’t believe leagues to vote for cloture and to sup- spect for the rule of law but sends a it is accurate to make some of the ac- port the ultimate confirmation of this clear message to others who are ex- cusations in terms of destroying committed and talented leader. pected to abide by the law and the reg- I yield the floor. ulations of the land. records. It is my understanding that The PRESIDING OFFICER. The Sen- Falsifying documents is wrong. There the Farm Service Agencies have said ator from South Dakota. can be no explanation. There can be no that after examining it, there was no Mr. DASCHLE. Madam President, I acceptance. And there ought to be no intent to deceive. It was something will use leader time so as not to take tolerance. There certainly should be no that was done in error and good faith from the time that is currently allot- confirmation of someone who has been or however you want to characterize it. ted in the debate. found in violation of the regulations I don’t want to see happening here Let me first begin by saying how with regard to those documents and what appears to be happening in a much I admire the distinguished senior the regulations provided by the legisla- similar way to the nominee to be Ad- Senator from Iowa. I have applauded tion we have passed into law. ministrator of the EPA. Certainly him publicly and privately for weeks, if The second is the divisive nature of Mike Leavitt was one of the most not months now, for all of his work on some of his views. To say that those qualified individuals, and yet his nomi- a number of issues that I care a great counties succeed in large measure nation was strung out for days and deal about and find myself in the un- where there is no diversity, where days and weeks. It ended up at 56 days. comfortable position in this case dis- there is no ethnic or religious dif- I hope we are not going to get so par- agreeing with him with regard to this ference, sends again the wrong message tisan that this happens again in this nomination. But I admire him for about the importance of embracing di- case. many other reasons. versity, of embracing the kind of dif- I believe Tom Dorr has completely I also must say I am very grateful for ferences we find in our country to be a resurfaced USDA Rural Development. the effort made by Senator HARKIN strength rather than a weakness. As Under Secretary, Dorr has set a over the course of the last 2 days to I am not sure what he had in mind clear vision for USDA Rural Develop- educate us all with regard to this par- when he said it. In fact, he even recog- ment as a venture capital firm for ticular nominee. The concerns he has nized, as he was about to say it, that rural America. The agency once was raised are ones that I share. maybe he shouldn’t have said it. Well, thought of as the lender of last resort, This is the first time, he told me last he was right. But, again, whether it but the mindset has been changed to night, in I think he said 29 years, where was a comment or whether it is his one where employees aggressively seek he has ever opposed a nominee from philosophical approach, if we are going out investments to make in people and Iowa. I know he doesn’t do it lightly. I to discourage diversity, discourage eth- in organizations. know he does it after a great deal of nicity, discourage religious tolerance, I am really pleased when I see what very careful thought about this man’s that, too, raises grave questions about has happened in the State of Okla- qualifications. the eligibility of somebody of this stat- homa. We have never had anyone who

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.019 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14985 has performed like Tom Dorr has per- viduals out there who are trying to sur- of USDA Rural Development programs formed there. All I hear from Demo- vive. to more deserving rural Americans and crats and Republicans all around the Also, keep in mind one other thing. qualified organizations, especially mi- State is what a truly great job he has Thomas Dorr came from a small farmer norities. done. community. He understands how they In addition, he is proponent of renew- For example, 3 years ago my State think. I think it is critical that we con- able energy, which led to millions of had $29 million in guaranteed housing firm him as soon as possible. dollars in grants to develop renewable loans but, thanks to Tom Dorr, last To reiterate, on March 22, 2001, Presi- energy sources; he has greatly boosted year we had $60 million. It doubled, to dent Bush announced his intention to the morale of USDA Rural Develop- the people who are really deserving of nominate Tom Dorr of Marcus, IA, to ment employees; has greatly aided in it, and now we have more and more serve as Under Secretary of Rural De- the development of community water/ Oklahomans who own their own homes velopment for USDA. Two and a half wastewater infrastructure—and the list rather than rent them. years later, his nomination is still goes on and on. In addition, since Tom Dorr has been pending. For my State of Oklahoma, the This is obstruction. Thomas Dorr is the Under Secretary for Rural Develop- strong leadership at the top of Thomas not the only nominee being blocked for ment for the USDA, the amount of Dorr has resulted in an increase of mil- confirmation. As chairman of the EPW business loan programs in my State of lions of dollars in rural development. Oklahoma has doubled. Both housing Committee, I dealt with this same problem—obstruction—with the nomi- For example, 3 years ago my State and loan programs have actually dou- had $29 million in guaranteed housing bled in my State. nation of Governor Mike Leavitt to be administrator of the EPA. loans, but thanks to Tom Dorr, this I would like also to go back to the last year Oklahoma had $60 million in people who speak to the real people out This is about politics, not nominees. Thomas Dorr is more than qualified to guaranteed housing loans. That rep- there, not the politicians, not people resents an increase of $31 million worth who somehow think they can have hold the position of Under Secretary for Rural Development of the U.S. De- of Oklahomans that now own their some kind of a gain if they can kill one homes rather than renting them. of the President’s nominees. Look at partment of Agriculture. I don’t think In addition, since Thomas Dorr has the National Corn Growers Associa- anyone has questioned that the moti- been the Under Secretary of Rural De- tion, the board of directors stated in a vation for these delays was partisan presidential politics. velopment of the USA, the State of letter to Senator TOM HARKIN—this is a Apparently nominations are no Oklahoma’s amount of business loan quote from the National Corn Growers longer about a nominee’s qualifications programs has doubled from $15 million Association; all those farmers out and support, but simply about partisan to $30 million. there who grow corn belong to this: politics. Tom Dorr has gained support from a The Department [of Agriculture] needs a Americans expect and want the Sen- spectrum of organizations and individ- leader like Tom Dorr to help breathe life ate confirmation process to be into an agency whose future role will be to uals: The National Corn Growers Asso- positively facilitate change in the farm econ- thoughtful and thorough, but they cer- ciation Board of Directors stated in a omy. tainly don’t think it should drag on letter to Senator TOM HARKIN: ‘‘The The Wheat Growers Association—my year after year. Department [of Agriculture] needs a Tom Dorr has completely resurfaced State is a big wheat State, and we have leader like Tom Dorr to help breathe USDA Rural Development. As Under an interest in this. You go out and see life into an agency whose future role Secretary, Dorr has set a clear vision these people. These people are just try- will be to positively facilitate change for USDA Rural Development as the in the farm economy.’’ ing to survive right now, and yet they venture capital firm for rural America. In another letter to TOM HARKIN, the are just praising the work of Tom Dorr. The agency was once thought of as the The Wheat Growers said in a letter to President of the National Association lender of last resort, but the mindset TOM HARKIN: of Wheat Growers stated: ‘‘We encour- has been changed to one where employ- age you to unite behind Tom Dorr as We encourage you to unite behind Tom ees aggressively seek out investments Dorr as Under Secretary of Rural Develop- Under Secretary for Rural Develop- to make in people and organizations ment. He encompasses the creativity that ment. He encompasses the creativity can bring hope in stemming the exodus of that will fulfill the mission. Under Secretary Dorr ran his farm that can bring hope in stemming the people from our rural countrysides because exodus of people from our rural coun- of lack of economic opportunity. and business from a small town so he understands well the needs of rural tryside because of lack of economic op- That is all we are trying to do in portunity.’’ Oklahoma is survive. Our farmers are America, including the need for tech- nology to allow these communities to However, surprisingly enough, TOM trying to survive out there. HARKIN is one of the main reasons Tom This is Terry Barr from the National compete. He believes that broadband is as meaningful to rural America today Dorr’s application is still pending Council of Farmer Cooperatives, the today. co-ops—I don’t know what we would as rural electrification was in the mid- In a letter to Senator BLANCHE LIN- have done—who said: 20th century. He led the effort to com- plete the rulemaking process and begin COLN, the USDA Assistant Secretary We understand the Senate may soon con- for Civil Rights points out that Tom sider the nomination of Thomas Dorr as accepting applications for the new Under Secretary of Agriculture for Rural De- broadband program. Through his ef- Dorr is a leader in the advancement of velopment. . . . forts, $1.5 billion is available this year civil rights: ‘‘I have no vested interest Rural development and related programs to help build rural technology infra- in seeing individuals advance in this carried out by the United States Department structure. administration who I fear will hamper of Agriculture are of vital importance to The list of improvements that in- the progress of civil rights within the farmers and their cooperatives. These in- creased economic opportunity and im- USDA. Mr. Dorr is not such an indi- clude programs aimed at encouraging and proved the quality of life in rural vidual. If confirmed, I believe that Mr. promoting the ability of farmers to join to- Dorr would continue to work with me gether in cooperative efforts to improve America that were spearheaded by Tom their income from the marketplace. Dorr is endless. to advance civil rights at USDA.’’ Again, this is the National Council of He has tackled the very complicated It is obvious that Tom Dorr is the Farmer Cooperatives: and difficult problems involved in the most qualified person for the position of Under Secretary of Rural Develop- Mr. Dorr, we believe, has demonstrated Multi Family Housing Program, that, that he has the background, experience and according to the one congressional ment for the USDA. He has completely understanding necessary for success in this staffer, ‘‘were ignored by all previous turned around the USDA office of important position of leadership. Under Secretaries’’—he believes all Rural Development, and has clearly We urge the Senate to confirm his nomina- rural citizens deserve safe and secure gained praise from all sorts of individ- tion. housing. uals, agencies, and organizations. Do So you hear from all the users out Dorr initiated an aggressive mar- not let this man fall victim to partisan there and from the farmers—those indi- keting program to extend the outreach politics.

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.017 S18PT1 S14986 CONGRESSIONAL RECORD — SENATE November 18, 2003 Mr. CRAPO. Madam President, I rise did so until the committee no longer nominations forward. As such, I am today in support of Tom Dorr and to had a quorum. left with no recourse other than to op- urge my colleagues to vote for cloture. Madam President, Tom Dorr has been pose cloture on these nominations. As chairman and one-time ranking available for questioning and we’ve had Mr. FEINGOLD. Mr. President, I rise member of the Agriculture Sub- the opportunity for oversight since his today to speak on the nomination of committee on Forestry, Conservation, nomination in 2001 and his appoint- Thomas C. Dorr as Under Secretary for and Rural Revitalization, I have had ment in 2002. Rural Development and as a member of the opportunity to work with Tom Throughout this process, some have the Commodity Credit Corporation Dorr from the time he was nominated sought not to deliberate on his nomina- board at the Department of Agri- in April 2001, and I have had the pleas- tion, but to delay it in the hopes it culture (USDA). The position at USDA ure of working with him for the past might whither on the vine. to which Mr. Dorr has been nominated year in his capacity as Under Secretary I ask my colleagues for an up or is highly influential in the continued of Rural Development. down vote on his nomination. He de- development of rural America, holding I would like to share with my distin- serves it. And, I believe, the country the unique responsibility of coordi- guished colleagues some of the com- deserves his leadership. nating Federal assistance to rural ments that I have received from people Mr. BIDEN. Madam President, today areas of the Nation. in Idaho about Tom Dorr’s efforts: ‘‘He I am voting against ending the debate Many people, when they think of has a real passion for rural America,’’ on the nominations of Thomas C. Dorr rural America, may think of small ‘‘He has vision and courage,’’ ‘‘It would to serve as the Under Secretary for towns, miles of rivers and streams, and be a real loss if he is not confirmed,’’ Rural Development at the Department perhaps farm fields. But I know that ‘‘there is confidence in his clear vision of Agriculture and also as a member of rural Wisconsin is also characterized for how Rural Development can help the Commodity Credit Corporation be- by communities in need of firefighting rural America’’. ‘‘He is providing real cause I believe it is premature for this equipment, seniors who need access to leadership, and has the trust of every- body to be voting on the appropriate- affordable healthcare services, and low- one that works here.’’ ness of Mr. Dorr to assume these posi- income families in need of a home. The Mr. President, Tom Dorr has what we tions. This is an unusual step for me, U.S. Department of Agriculture’s Rural look for in our Under Secretaries, vi- but, then again, this is a very unusual Development programs and services sion and leadership. He is making real situation. can help individuals, families, and changes at USDA that will benefit the I have long recognized that a Presi- communities address these and other rural citizens of my State and the dent should generally be entitled to concerns, which is why the office of country. have executive branch agencies run by Under Secretary for Rural Develop- One of my priorities has been to help the people he chooses. While his selec- ment is so important. bring and build jobs in Idaho, particu- tions should be given considerable def- I have deep concerns regarding Mr. larly in rural Idaho. Tom Dorr shares erence, the President’s power of ap- Dorr’s comments and opinions about those priorities and is working to build pointment is limited by the duty of the the future of rural America, particu- on USDA Rural Development’s capac- Senate to provide ‘‘advice and con- larly in light of his nomination to this ity as a jobs creation agency. sent.’’ Throughout my tenure in the important post. I disagree with Mr. He recognizes that building the infra- Senate, I have supported countless Dorr’s promotion of large corporate structure to attract and develop long- nominees for Cabinet and other high- farms and his vision of the future of ag- term growth is vital to the well-being level positions, including many with riculture. Nevertheless, when it comes of the communities. whom I have disagreed on certain poli- to confirming presidential nominees Many of us choose to live in rural cies, but I have also cast my vote for positions advising the President, I America for its values, community, against confirmation when I have be- will act in accordance with what I feel and character. We need to work to en- come convinced that the nominee is is the proper constitutional role of the sure that those who wish to live in not suitable to fill the role. In this in- Senate. I believe that the Senate rural America can. The jobs need to be stance, I do not believe the Senate has should allow a President to appoint there and the infrastructure needs to all the facts that are necessary to people to advise him who share his phi- be there. Tom Dorr recognizes that. make an informed judgment. losophy and principles. My approach to In 2001 when Tom was first nomi- During this confirmation process, se- judicial nominations, of course, is dif- nated for this position, and in 2002 rious questions were raised about mis- ferent—nominees for lifetime positions when the Senate first began to consider representations made by Mr. Dorr to in the judicial branch warrant particu- his nomination, I was convinced that the U.S. Department of Agriculture re- larly close scrutiny. he was qualified to lead the agency. garding his farming arrangements with So, although I may disagree with Mr. Since the President appointed him two family trusts in an effort to secure Dorr’s views on agriculture issues, I am during the August recess last year, he farm program payments, and the subse- not prepared at this point to oppose has proved that he is qualified to lead quent restitution made to the Federal Mr. Dorr’s nomination on those the agency. Government of nearly $34,000. Rather grounds. However, those are not the To those who would argue that the than resolving these questions, last only grounds to oppose the nomina- Senate needs more deliberation, I say year’s hearing on this nomination held tion. I also have strong reservations that the Senate has deliberated long by the Senate Agriculture Committee about Mr. Dorr’s public comments on enough. raised additional and disturbing ques- issues of race and ethnicity and I am Tom Dorr was first nominated in tions, and the nominee thereafter troubled by Mr. Dorr’s apparent abuse April 2001. A hearing was held in March failed to supply documents that might of the Government’s farm programs. 2002, after three previously scheduled remove the cloud over this matter. Furthermore, Mr. Dorr has not yet hearings were cancelled. Prior to the That is why last June, I joined many of provided information to the Senate committee reporting out his nomina- my colleagues in the Senate in urging Committee on Agriculture, Nutrition, tion, he answered hundreds of ques- the majority leader to withhold further and Forestry that has been requested tions from Committee Members. In Senate action on these nominations of him. This information would clarify fact, the committee’s ranking member until the nominee furnished the re- questions about his honesty and integ- requested more than 1,000 documents quested information to clarify the im- rity in financial dealings with the De- or pieces of information. portant questions raised about his in- partment of Agriculture as well as in When the committee considered his tegrity in financial dealings with sworn testimony to the Committee. I nomination this year, it reported him USDA and his truthfulness and verac- am concerned that Agriculture Com- out by a vote of 14 to 7. Did we report ity in sworn testimony before the Sen- mittee rules and practice were appar- him out in one day, no. At the con- ate committee. I am disappointed that, ently not followed with respect to the firmation hearing, the ranking member rather than helping to secure a resolu- nomination hearing of Mr. Dorr. I am was given the opportunity to expound tion of these serious issues, the major- not alone in expressing these senti- on why he opposed the nominee, and he ity leader has chosen to move these ments—I joined with forty-two of my

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.010 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14987 colleagues, led by the ranking member million in carryover housing funds to Finally, he has a deep understanding and of the Agriculture Committee, in con- support $900 million in new funding for appreciation of issues confronting our rural veying these concerns to the majority guaranteed loans—creating an addi- and agriculture communities. leader. tional 12,000 homeownership opportuni- I have additional letters by the Na- The Senate should not be forced to ties. tional Corn Growers, National Associa- vote on a nomination before we have He worked to help the families of tion of Wheat Growers, and finally this all of the information that we feel is economically distressed areas in the letter from the National Rural Electric needed to make an informed decision. Southwest colonias through a formal Cooperative Association: There may be good explanations for agreement with the Department of Mr. Dorr’s frankness in addressing the Mr. Dorr’s testimony and answers, but Housing and Urban Development. issues facing electric cooperatives is much the Senate does not have them yet. He has insisted on fairness to im- appreciated. We have no reservations regard- And we should get them before we vote prove accountability and performance ing Mr. Dorr’s confirmation. on the nomination. I will therefore on minority homeownership loans by That is signed by Glenn English, vote no on cloture. working with the Department of Hous- chief executive officer. The PRESIDING OFFICER. The Sen- ing and Urban Development, the Fed- There are additional comments that ator from Mississippi is recognized. eral Housing Authority and Veterans we gleaned from newspapers, including Mr. COCHRAN. Madam President, I Affairs in development of consolidated an editorial supporting the nomination am pleased to present to the Senate minority tracking reports. by the Des Moines Register editorial the President’s nomination of Thomas Madam President, the committee has board. There are numerous other edi- Dorr to serve as the Under Secretary of received numerous letters supporting torial comments in support of the nom- Agriculture for Rural Development and this nomination. ination. Here is one entitled ‘‘Informed to be a Member of the Board of Direc- For the benefit of Senators and for Iowans should support Tom Dorr’’ from tors of the Commodity Credit Corpora- their information, I am going to point the Sioux City Journal. There is an tion. The President appointed Mr. Dorr out a few things contained in the let- opinion piece in that newspaper, also. to the position of Under Secretary of ters that I think are particularly per- Here is something from the World Per- Agriculture and Rural Development suasive and support this nomination. spectives newsletter strongly sup- during Senate recess on August 9, 2002. This is a letter that is signed by 14 porting the confirmation of Tom Dorr. Following the August recess of 2001, different agricultural commodity Here is another from the Webster Agri- the nominations were resubmitted by groups and organizations, and by the cultural Letter, which is an interesting the President, and received in the Sen- American Farm Bureau Federation: discussion of the political confronta- ate on September 4, 2001. Mr. Dorr has proven that he has the skill tion that is reflected in this nomina- The President then resubmitted the and experience necessary to lead USDA’s tion in opposition to it. Also, here is a nominations to the Senate on Sep- rural development efforts. copy of the National Review Online, tember 30, 2002; again the nominations Another letter, written by a con- with a description of the controversy were not acted upon and consequently stituent from my State, a copy of over the Dorr nomination but coming returned to the President on November which was given to all members of our down in support of his confirmation. 20, 2002. committee, written by Dr. Clinton I ask unanimous consent copies of Following the adjournment of the Bristow, the president of Alcorn State these editorials and newsletters be 107th Congress, the President once University at Lorman, MS. He wrote in printed in the RECORD. again resubmitted Mr. Dorr’s nomina- his capacity as chair of the Council of There being no objection, the mate- tions on January 9, 2003 for consider- 1890 Presidents and Chancellors. In his rial was ordered to be printed in the ation during the 108th Congress. letter supporting this nomination he RECORD, as follows: Obviously, the President believes Mr. said: [From the DesMoinesRegister.com, June 3, Dorr to be qualified for this post, and Secretary Dorr has been an invaluable re- 2002] Mr. Dorr’s record during the appoint- source in helping us build new and com- EDITORIAL: MAKE A DECISION ON DORR ment to the position certainly supports plementary relationships within and without Every shred of evidence of alleged wrong- the President’s confidence in him. USDA. . . . doing by USDA nominee Thomas Dorr has While serving in the position of Under- Most recently, he represented the depart- been pursued. To the point of tedium. It is secretary of Agriculture for Rural De- ment at a town hall meeting for small farm- time to move on: Senator Tom Harkin ers voices, sponsored by the council and held should quit holding Dorr hostage. velopment, Mr. Dorr has performed his at Alcorn State University. More than 200 Dorr is a Marcus, Ia., farmer and duties in a way that has reflected cred- farmers from the delta area attended the agribusinessman who was appointed months it on the Administration of President forum—unabashed and relentless farmers ago by President Bush to be U.S. undersecre- Bush. He deserves to be confirmed. who represent the bottom of America’s agri- tary of agriculture for rural development. Specifically, Mr. Dorr has helped ex- cultural industry. Harkin is chairman of the Senate Agri- pedite the release of $762 million to In spite of the challenge, Tom was super- culture Committee, which must decide help reduce the backlog of community lative in guiding the farmers through the whether to send Dorr’s nomination to the economic and political realities of the global water and wastewater infrastructure full Senate for a confirmation vote. marketplace and helping them to understand Questions have been raised about Dorr’s applications. the makeup of programs and the allocation fitness for the job. Some of those questions Mr. Dorr led the effort to complete of resources at USDA. He has set stage for are matters of philosophy that, like it or the rulemaking process and begin ac- sustained dialog between USDA, the 1890s, not, should be of no concern to the Senate. cepting applications for the new pro- and farmers in distress. This represents only On appointments within the executive gram to provide broadband Internet ac- a snapshot of the many challenges that branch, the president should have wide dis- cess to rural communities. Under Secretary Dorr has helped us nego- cretion in staffing his administration with He has utilized private sector re- tiate. people of his choosing, even if that means sources to help expedite the review and Madam President, another letter confirming individuals some senators find announcement of $37 million in Value from William C. Hunter, senior vice distasteful. president and director of research at Some questions—namely whether Dorr Added Agriculture Product Market De- broke any rules when receiving federal farm velopment Grants. the Federal Reserve Bank of Chicago. payments—are relevant, but they seem to Mr. Dorr has been instrumental in fa- He says: have been answered now that the USDA’s in- cilitating the pending agreement be- As an African American, I can honestly spector general has closed the books on its tween the Small Business Administra- say that I have never felt uncomfortable in inquiry after finding insufficient evidence to tion and USDA Rural Development on Tom’s presence. I have never heard him offer pursue criminal charges. the new Rural Business Investment disparaging remarks about people of color, Harkin may have good reason to persist in Program created in the Farm Bill. the intrinsic value of diversity, or about raising questions about whether Dorr prop- small farmers, for that matter. He is bright, erly followed the rules in receiving crop-sub- Under his stewardship, more rural articulate and personable. He accepts crit- sidy payments: Just because there’s insuffi- families own homes where they live in ical comments well and is not afraid to cient evidence to warrant a criminal inves- safety and comfort: Mr. Dorr has speak his mind and demonstrates rigorous tigation does not mean Dorr’s skirts are worked with Congress to convert $11 economic thinking at all times. clean. Harkin should not, however, use that

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.050 S18PT1 S14988 CONGRESSIONAL RECORD — SENATE November 18, 2003 as an excuse to hold the Dorr nomination in Iowans would be well served to support the issues to the real reason why so many people limbo. nomination of one of our own. in ag and farm policy so stridently oppose That is what the Republicans did to Clin- Dorr. He’s a guy who openly talks about ag- ton administration nominees for everything [From World Perspectives, Inc., Mar. 6, 2002] riculture as a business that needs to be shak- from surgeon general to the federal courts. It APOLLO 13 AND THE TOM DORR HEARING en up, revitalized, restructured, in order to was wrong when the Republicans ran the (By Emily S. French) re-capture its place in the U.S. and world Senate; and it is wrong now that the Demo- economy. crats are in control. If you’re Tom Dorr, the nominee for Under- WPI Analysis: This analysis is perhaps a Harkin owes it to Dorr and to the White secretary for Rural Development at USDA, bit more personal than usual, but it goes to House to move forward. Give Dorr another you know you’re having a bad day when the a broader point about the economic future of opportunity at another hearing to answer Senate Ag Committee Chairman Tom Harkin agriculture. I will start by stating that until any and all questions, and then vote his con- (D–IA) says, ‘‘to quote Apollo 13—Houston this morning, I had never met Tom Dorr firmation up or down. we’ve got a problem,’’ just prior to a two (though several of my colleagues at WPI do By delaying so long, Harkin gives credence hour recess during your confirmation hear- know him). I knew of the controversy sur- to critics who say he’s only playing political ing. That is what happened today. rounding his appointment, but had not heard games. Already a controversial federal nominee, Mr. Dorr speak for himself. Instead, I had re- Dorr came under additional fire as the Des lied on translation of what his foes or friends [From the Sioux City Journal, July 10, 2001] Moines Register ran an article today, citing say he said. Moreover, I should state that I INFORMED IOWANS SHOULD SUPPORT TOM DORR a recorded phone conversation in which Dorr grew up on a farm in Northern Idaho. There (By Donald Etler) allegedly said that government officials were 12 people in my high school class. I ALGONA, IOWA.—A recent Associated Press might ‘‘raise hell’’ if they audited his par- went on to attend a land-grant university. I article described a petition fronted by the ticipation in federal farm subsidy programs. am a product of rural America, a fact that National Farm Action Campaign, NFAC, and The tape was sent anonymously to the Des defines me as a human being. I understand signed by representatives of 161 organiza- Moines Register last month; five people fa- all the emotions of how ‘‘special’’ rural tions calling for the rejection of Iowa busi- miliar with Dorr, according to the paper, America and the ag economy are. But while nessman and farmer Tom Dorr in consider- identified his voice in what was represented I am extremely passionate about production ation of his nomination for USDA undersec- as a 1995 phone conversation. The Register agriculture—and the way of life that accom- retary for rural development. It is unfortu- made no comments on how or why the tape panies it—I chose to leave farming as a ca- nate that Dorr cannot respond in deference was made. Surprisingly, no one defending reer. And, subsequently, I left rural America to the request of the White House. But, does Dorr referred to the . . . for better opportunities. I didn’t want my fu- anyone really believe the claim of the NFAC The Controversy: The Iowa Farm Service ture to be based on a farming operation that that Tom Dorr advocates one farmer for Agency (FSA) reviewed one of the many made a 5-6 percent return of investment in a every 350 square miles or that he thinks 500 trusts belonging to various members of the ‘‘good’’ year. Tom Dorr is a guy who spent of every 501 farmers should go out of busi- Dorr clan during 1995. During the taped con- most of his career on the farm trying to ness? versations between, allegedly, Tom Dorr and wring out better returns and did a good job I have dealt with Tom Dorr on both profes- his brother Paul Dorr, Tom Dorr said that of it. Now he wants to come to Washington sional and personal levels. This man does not the two trusts—the Belva Dorr Trust and the and take a job to try to change, for the bet- deserve the distorted, severe attacks upon Harold Dorr Trust—are operated with the ter, economic opportunities in rural Amer- his beliefs and character. I believe I know ASCS (now known as the FSA), to ‘‘quite ica. Tom well enough to be correct in believing frankly avoid’’ minimum payment limita- After listening to comments from various that his work ethic, business sense, tenacity tions. Senators on the Senate Ag Committee, I can and moral foundation would serve rural The Ruling: The state FSA office con- only shake my head in finally realizing why America, and rural Iowa, quite well. cluded that the farm wasn’t properly struc- the farm bill has an additional $73 billion Those who choose to distort Dorr’s words tured within the family trust. But that there over 10 years in payments of one kind or an- regarding farm program policies must be was no scheme on the part of the family to other. I would challenge those ‘‘decision doing so solely for political reasons because defraud the government. A repayment of makers’’ over the idea that infusing cash and as undersecretary for rural development Mr. $17,000 was ordered and made. protecting the small family farm is somehow Dorr’s responsibilities would not be in areas The Politics: The division of corporations, saving rural America or promoting rural de- that deal with USDA commodity programs family farms or individuals who receive pay- velopment. It would seem all that it is doing or environmental regulations which most di- ments from the federal government under is making more people reliant on the govern- rectly impact independent farmers. Political the Farm Bill program are allowed. There is ment and, in fact, rather than promoting de- reasons probably explain why a website has nothing illegal with setting up a corpora- velopment that spending probably hinders been set up where with the click of a button tion, a limited partnership, a trust or an in- progress. All that federal spending buys a letter to the editor opposing Dorr can be dividual to receive payments from the fed- more of is the status quo; there is no need to downloaded. Seeing this reminds me of the eral government under this program and reg- change, diversity or become more efficient. old West lynch mobs. istering these entities with the FSA. The It’s clear to me after hearing him today, The undersecretary for rural development 1996 Farm Bill allows this under its ‘‘three Tom Dorr feels the same way—that policies is primarily responsible for policies affecting entity rule’’ whereby one person is eligible need to be changed. That—not any alleged infrastructure and commerce in rural com- for payments on up to three farm entities. payment scandal or racial insensitivities—is munities. Ninety percent of rural America’s The payment limit on the number 2 and 3 en- why so many policy makers oppose him, in- jobs are found in those communities and not tities is half the amount on the first farm. It cluding one of his own home state Senators, on the farms. Most of our farmers now have looks like this is what Dorr was doing, which Chairman Harkin. When asked by Harkin to off-farm jobs. As our rural communities is not surprising for any individual or com- clarify his ideas, Mr. Dorr summarized tech- struggle to survive with an aging and shrink- pany to look at all opportunities to legally nology as the one thing that would give ing population, with the exit of businesses to maximize their operation’s profitability, farmers the ability to access world markets, larger regional communities, and with the would be against any economic rationale. access information and, as a result, expand retirement of up to 25 percent of surrounding The Senate farm bill changes this rule. In farm gate margins. That doesn’t sound con- cropland under existing farm programs, rural fact, Dorr supporter, Senator Charles Grass- troversial. If a producer were able to expand communities should be demanding that fed- ley (R–IA) is the author of the provision that margins and become more efficient, perhaps eral rural development policies to be re- tightens down payment caps. But it seems there would be less reliance on the govern- tooled and redirected to reverse the long de- that Chairman Harkin, who didn’t have such ment for bloated farm bill budgets? It’s only cline. In opposing Dorr, the NFAC empowers a provision in the bill he brought to the Sen- controversial if you are used to being the entrenched bureaucrats to continue failed ate floor, is ready to try Dorr for what he did ones that get credit doe providing those programs to our continued harm. in 1995, under rules that aren’t even in effect budgets. Do the members of those groups that op- yet in 2002. If the USDA and the Bush Administration pose Dorr’s nomination truly want to hold This controversy has largely replaced the wants a person that understands rural devel- the status quo which, in the case of the flap over statements Dorr made about ethnic opment and understands the way of life in USDA rural public policy, has been ineffec- and religious diversity in Iowa. In case cli- rural America, then it not be a person that tual if not harmful for rural communities ents missed that one—Dorr pointed out that has ‘dirt under their fingers’ as Senator across the country? I believe Tom Dorr will there wasn’t a lot of diversity in Iowa, and Lugar said numerous times during the hear- tackle failed and misguided rural develop- specifically in a couple counties that were ing this morning. Tom Dorr is such a person. ment programs from a new perspective. He growing economically anyway. And he did so His vision for farming, is one based on basic will demand accountability of the en- in response to a question, stating fact. But economics. Perhaps it is a little Darwinistic trenched bureaucracy and he will bring the Dorr’s opponents have used this as a means ‘‘survival of the fittest’’ approach, but the new ideas and vision that are so sorely need- of labeling him racist—an effective and par- real irony is, as Undersecretary for Rural ed. ticularly damning charge that is hard to Development he wouldn’t be in charge of In the interests of the multitude of Iowa’s shake. It seems, however, that payment lim- farm programs or policy. No matter, there struggling rural communities, informed its, racial insensitivities, etc. are just side are still many Senators who think his views

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.033 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14989 on farm policy disqualify him from having a I’m saying: I’m saying ‘this is’.’’ Scheduling Dorr’s difficulty stems from an uncanny job in Washington. a hearing depends on when the Senate agrees perception of the forces shaping agriculture In closing, it is with amazement and frus- on rules to organize committees. Whether and his willingness to describe them in blunt tration that I note: only Senator Thomas of he’s confirmed will test whether the political terms—attributes rarely found in public Wyoming asked Mr. Dorr about his vision for clout of his critics equals their formidable service. ‘‘He has simply stated the obvious,’’ rural development. And this was after al- skill at using the news media. says University of Maryland agriculture most two and half hours of testimony and Despite higher payments and marketing dean Thomas A. Fretz, who was associate questions. A sad state of affairs indeed as loan gains under the Senate bill in the first dean at Iowa State when Dorr was a member Washington, USDA, and rural development two years, the House version would favor the of the state board of regents. ‘‘What Tom needs more ‘‘out of the box’’ thinkers whom major program crops—by an average of $206 Dorr brings is ‘out of the box’ thinking that challenge the status quo. million a year over five years or $799 million challenges bureaucratic normalcy.’’ Dorr’s a year over a decade. Soybeans would gain widely quoted comment that some eth- [From the Webster Agricultural Letter, June more under the Senate bill while corn, nically homogeneous Iowa counties were suc- 15, 2001] wheat, cotton and rice would gain more cessful with economic development, Fretz Dear Subscriber: under the House. added, ‘‘simply stated the reality.’’ Killing the messenger? Can the Senate re- ‘‘FAPRI estimates the Senate bill would One of the strongest testimonials came ject a nominee for stating the obvious? . . . result in slightly more acreage planted to from Varel Bailey, Anita, Iowa farmer and A federal judge will hear a challenge to a major crops than the House bill, with the former National Corn Growers Association state amendment restricting corporate agri- largest increases for wheat and feed grains. president who worked with Dorr in modern- culture . . . View from the country: the dis- The Senate’s payment limitations could izing an antiquated NCGA in the late 1970s. connect between farm policy and farm re- have proportionally larger effects on cotton ‘‘He is very aware of the plight of rural ality . . . Partisan divisions are put aside as and rice producers than on producers of America,’’ Bailey said of Dorr. ‘‘He has lived other crops. Senate dairy provisions would a House committee approves USDA appro- and farmed through the economic, social and mean slightly higher average returns (14 priations . . . Why don’t higher prices help political decline. The difference between cents per cwt.) to milk producers in 2002–06 farmers? . . . Economics trumps politics in a Tom and most other people is that he steps than the House, with a greater boost in re- milk price decision. up and tries to help.’’ turns to farmers in the Northeast than in the DORR CONFIRMATION BECOMES A TEST OF rest of the country.’’ [From the National Review Online, June 1, POLITICAL INFLUENCE FAPRI calculates a chance of about one in 2001] Rarely does the Senate reject a nominee three that either would cause the United DORR-VERSITY for a USDA sub-Cabinet post for expressing States to exceed World Trade Organization (By Roger Clegg) an opinion, let alone for telling a truth. Only limits on amber box subsidies but the prob- Once upon a time, if you read the words three times in three decades have we seen ability would decline in later years. Federal ‘‘diversity’’ and ‘‘farming’’ in the same sen- even minimal pressure to block a nominee. spending on commodity and conservation tence, you could be pretty sure that the arti- Only one succeeded: the late Kathleen Law- programs over the next 10 years would in- cle would be about crop rotation. crease by $59.8 billion for the House bill and rence asked her nomination by withdrawn in Those days, of course, are long gone. See by $63.5 billion for the Senate bill. The Sen- the face of bipartisan an opposition (see The the word ‘‘diversity’’ now, in any context, ate bill would result in higher government Agricultural Credit Letter, 3/20/87 P6). Fam- and you know it’s going to be another article costs in 2002 and 2003 while the House bill ily farm advocates failed to stop Bank of about melanin content and national origin. American executive Robert W. Long from be- would mean more spending in seven of the On Wednesday this week, the New York coming assistant secretary for research in next eight years. Times and Washington Post both reported 1973. A farm women’s group persuaded only a KILLING THE MESSENGER? VISIONARY’S FOES that the Bush administration’s nominee to minority of Senate Agriculture Committee HOPE TO EXTINGUISH A VISION head the Agriculture Department’s rural-de- remembers to oppose Carol Tucker Foreman After persistent, mostly hostile ques- velopment programs, Thomas C. Dorr, was as assistant secretary for food and consumer tioning in a Senate Agriculture Committee under fire for comments that the Congres- services in 1977. hearing Wednesday, prospects for confirma- sional Black Caucus, NAACP, and Black But those are the exceptions. By and large, tion of Iowa farmer Thomas C. Dorr as under Farmers Association fear may show him to senators believe presidents are entitled to secretary of agriculture for rural develop- be anti-diversity. On December 11, 1999, Dorr their choices, absent overriding scandal or ment nominee are up in the air. But com- was videotaped at a meeting at which the ideological aberration. Neither of those fac- mittee approval may not be as doomed as economic successes of three Iowa counties— tors applies in the matter instant, the nomi- some think—USDA and White House lobby- populated largely by descendants of Dutch nation of Iowa farmer Thomas C. Dorr to be ists need to convince only one Democrat to Protestant and German Catholic settlers— under secretary of agriculture for rural de- join what likely will be 10 solid Republican were being discussed. Said Mr. Dorr: ‘‘And velopment. Trouble for Dorr arises from two votes to move the nomination to the floor, you’ll notice when you get to looking at directions: family farm advocates who chal- where a single opponent could, using a Sen- them that they’re not particularly diverse. lenge his vision of agriculture and minority ate prerogative, delay a vote indefinitely. At least not, uh, ethnically diverse. They’re groups who feel his remarks about diversity Given the first opportunity since his nomi- very diverse in their economic growth, but raise questions about his commitment to nation last April to rebut allegations, Dorr they’re very focused, uh, have been very non- protecting civil rights. clearly won the day on the merits. But he diverse in their ethnic background and their ‘‘The level and intensity of opposition to did not appear to convince Democrats who religious background, and there’s something Dorr is unprecedented, testimony to today’s disagree with both his political philosophy there that has enabled them to succeed and issue-intensity politics and the near-instant and his clear vision of what is happening in succeed very well.’’ organizing proficiency of interest groups. Op- agriculture. He was able to put to rest alle- The quoted statement underscores, in an ponents claim more than 160 organizations gations that he advocated large-scale agri- unintentionally amusing way, that some have joined the campaign. Most appear to culture, opposed ethnic and religious diver- kinds of diversity are politically correct and have little more than a letterhead and some sity and was antagonistic to ‘‘sustainable’’ relevant but some aren’t. It is at least a lit- Willie Nelson money but some have real and organic agriculture and the agricultural tle odd that Dutch Protestants and German members or deep foundation pockets. Among extension. He also satisfied any impartial Catholics are now thrown together and con- those: American Corn Growers Association, observer that he did not improperly farm the sidered to be just a bunch of white Christian Environmental Working Group, Federalism farm program, noting he repaid USDA $17,000 dudes. Wasn’t there some recent unpleasant- of Southern Cooperatives, Institute for Agri- in program payments in the early 1990s—the ness when the Dutch and Germans were culture and Trade Policy and National result of a difference of opinion interpreting shooting at each other with guns, and some Farmers Organization.’’ rules governing participation. less recent unpleasantness when Protestants The critics engage in political hyperbole, ‘‘To Sen. Charles Grassley, R–Iowa, the and Catholics in Europe were shooting at reading too much into Dorr’s impolitic style hearing had earmarks of a ‘political lynch- each other with bows and arrows? No matter: of provocative comment. A more balanced ing’ with the ‘opposition fomented from in- Now they’re all just ‘‘white,’’ unless they’re appraisal sees him merely stating the obvi- side the beltway here in Washington, D.C.’ lesbians—no more diverse than those other ous—even foresight—in describing the indus- Opposing witnesses appeared to make little white guys, Israelis and Palestinians. trialization of agriculture or in asking why headway with allegations he was a cheer- Likewise, Americans with ancestors from three Iowa counties with little ethnic and re- leader for industrial-scale agriculture and Cuba, Mexico, Puerto Rico, and Brazil may ligious diversity succeeded with economic antagonistic to racial and religious diver- have absolutely nothing in common when it development. Assuming he can take the heat sity. But skeptical Democrats were more re- comes to income, religion, language, poli- and Secretary of Agriculture Ann M. ceptive to recent revelations of his participa- tics, or culture, but they’re all ‘‘Hispanic’’ Veneman and the White House stand fast (so tion in farm programs and his philosophy because those ancestors come from countries far no evidence to the contrary) Dorr should about the federal rural development pro- that centuries ago were settled—probably a make a persuasive case at a conformation grams he would administer. To Sen. Max politically incorrect concept—by people who hearing. He might adapt a line from Purdue’s Baucus, D–Mont., Dorr’s philosophy appeared came from somewhere on the Iberian penin- Mike Boehlje: ‘‘I’m not saying I like what ‘antithetical to rural America.’’’ sula. Makes them all the same. Ditto for

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.037 S18PT1 S14990 CONGRESSIONAL RECORD — SENATE November 18, 2003 Filipinos, Japanese, Chinese, Indians, and how the debate over Mr. Dorr’s nomination his attitudes and his ideologies con- Pakistanis—they may have hated each other plays out, one doubts that anyone involved cerning the rural Americans he is sup- for centuries, but in this country, by God, will fail to genuflect before the altar of di- posed to serve make him an unaccept- they’re all ‘‘Asians and Pacific Islanders’’ as versity. able choice for the Rural Development far as government bureaucracies, university Mr. COCHRAN. Madam President, I Under Secretary. I say that regretfully. admission officials, and the civil-rights es- reserve the remainder of my time. tablishment are concerned. I served as State auditor for Min- The Bush administration has announced The PRESIDING OFFICER. Who nesota for 4 years. I had the responsi- that Mr. Dorr has its ‘‘full support,’’ and an yields time? bility of upholding the public trust and unnamed source there said that Dorr’s words Mr. HARKIN. How much time re- oversight for the proper expenditure of have been taken out of context, since he had mains? State and local funds. I took very seri- simply been pointing out a demographic fact, The PRESIDING OFFICER. There ously the responsibility to approach not suggesting a causal relationship. How, it are 13 minutes 40 seconds remaining. is quite possible that the words were taken these matters objectively, knowing I Mr. HARKIN. I yield 5 minutes to the was going to be accused of being par- out of context, as I’ll discuss in a moment, Senator from Minnesota. but the words quoted from the videotape tisan, unprincipled, and unfair. I al- seem to make it pretty clear that he was in Mr. DAYTON. Madam President, I sa- ways tried to get the facts, set forth fact suggesting a causal relationship. lute my colleague, Senator HARKIN, for the facts, determine what the facts I haven’t seen the videotape, but it his outstanding principles and his con- were, and let the facts make the deter- wouldn’t surprise me if Mr. Dorr brought up siderable fortitude. This is not a pleas- mination one way or another. the lack of diversity in these three success- ant task, and I know it is one that has I regret some of the assertions that ful counties because, earlier in the discus- been very difficult for my friend and sion, someone had been talking about how this is a witch hunt or that it is unsub- colleague, my neighbor to the south, stantiated, and I refer to the Farm diversity was essential for economic suc- who at the time of this coming forward cess—a common, if false, platitude these Service Agency’s own letter, based on days, especially in academic settings (the was the chairman of the Senate Agri- reviews both in 1996 and in 2001, which meeting was of the Iowa State University culture Committee. concluded that the arrangement be- board of regents). Oh yeah, says Dorr, well Contrary to what some are perhaps tween Mr. Dorr’s Pine Grove Farms looky here: Economic success and no diver- alluding to, and what others observing and each of these trusts—quoting sity in sight. So there. this may suspect, this is not planned or Satisfying as it may have been, in making FSA—was a crop share arrangement, contrived on anybody’s part. In fact, it not the custom farming arrangement it this observation Mr. Dorr touched the third was the day of the Senate Agriculture rail of American politics. Elizabeth Salinas was represented to be. Newby, administrator of the Iowa Division of confirmation hearing last year, Sen- It was on that basis that the trusts Latino Affairs, has retorted: ‘‘It sounds like ator HARKIN chairing—and I served as a were required to pay some $17,000 in he’s trying to say diversity isn’t important member—the very day of the hearing, farm program payments they had im- for growth. It is exactly diversity that has the largest circulation paper in Iowa, properly received for those years, but helped this state grow.’’ highly respected for its integrity and that did not occur until 2001 and in fact So who’s right: Dorr, if in fact he was say- its veracity, ran a major investigative they were not even repaid until the ing that lack of diversity can breed eco- story about Mr. Dorr and set forth nomic success, or Salinas Newby, who says summer of 2002, after Mr. Dorr had that, to the contrary, diversity helps in suc- many of the references that Senator been nominated for this high office. ceeding economically? The answer is, to HARKIN has just made, and others as In fact, I have a letter from the some extent both are right, but mostly both well, detailing and making the charge USDA to Mr. Dorr dated June 5, 2002. are wrong. and the case that Mr. Dorr had cheated Mr. Dorr, in his own comments to his There may be some situations where diver- the Federal farm programs; that he had brother, according to the transcript, sity can help an enterprise. In a sales oper- misrepresented partnerships of which admitted that what he had charged for ation, for instance, it may make it margin- he was managing trustee; that he had a custom fee is not a custom fee, ‘‘it is ally more likely that companies will develop misrepresented payments for what insights into how best to market products to actually crop rental income to me. some demographic groups—although, I has- services they were being provided; and That is my share of the income.’’ ten to add, it might not: Non-Hispanics can that he had falsified claims that he had Asked why he was following these pro- learn how to market to Hispanics, and there signed as the managing trustee in cedures, he said it was to avoid a are as many differences among Hispanics as order to get paid more public money $50,000 payment limitation to Pine there are similarities. from these Federal farm programs than Grove Farms. There are, conversely, probably some situ- he was legally entitled. It is not just At another point the transcript says: ations where a lack of diversity can help. for 1 year but for several years, not Having a common heritage and set of values, Mr. Dorr, I, we filed away the farm, the customs, and manners can foster greater just one falsification but repetitive fal- trust land—both the Melvin Dorr trust trust, better morale, and closer teamwork. It sifications which resulted in deter- and the Harold Dorr trust are operated also cuts down on interracial and interethnic mined overpayments of $17,000 for 3 with ASCS—to quite frankly avoid conflict, as well as other potential distrac- years for one partnership. He himself payment and limitations. Okay? tions. This point should be borne in mind by testified before the committee that Now, we can all decide what to do those who rely on pseudo-studies to support there were seven partnerships and with these facts, but I regret, for those diversity through affirmative action. If these there was a period of 7 to 8 years where who do not want to face them and studies, and the benefits from diversity they these kinds of arrangements existed— purport to find, are viewed as sufficient to claim they do not exist, we have a justify racial and ethnic preferences favoring those records, as others have said, not standard for this high office. Farmers ‘‘underrepresented’’ groups, then it follows being available for examination. in Minnesota, as do other farmers in that similar studies about the costs of diver- Who brought these charges forward? this country, apply to this office for sity will be sufficient to justify racial and Mr. Dorr’s brother, also a partner in program funding. They deserve some- ethnic discrimination against those groups. these family-owned trusts and farms, one who can administer the programs But in the vast majority of economic en- farming operations. He provided a tape faithfully because they have practiced terprises, diversity or lack of diversity is ei- recording of a telephone conversation ther completely irrelevant, cuts in both di- them honestly. rections, or makes only a marginal dif- to support these contentions he was The PRESIDING OFFICER. Who ference. Any advantages or disadvantages making, and so we have on transcript yields time? will be completely swamped by factors hav- Mr. Thomas Dorr’s own words, his own Mr. HARKIN. How much time is re- ing nothing to do with skin color or ances- statements about these matters. maining on either side? try, like talent, intelligence, education, and At the end of that process of review- The PRESIDING OFFICER. There willingness to work hard. ing all of the information, I came to are 7 minutes on the minority side and Whether one succeeds or fails as a farmer the conclusion, regretfully so, that Mr. 5 minutes on the majority side. in Iowa will be influenced much more by the Dorr does not meet the minimum re- Mr. HARKIN. Madam President, I weather than the color of one’s neighbor. What one learns and achieves, as a student quirements of honesty and integrity yield myself about 4 minutes right at Iowa State will hinge on one’s talent and for the position he has now been re- now. teachers, not the distant ancestry of the cessed appointed to and is being consid- There have been some statements other kids in the lecture hall. But no matter ered for by this body today, and that made regarding the fact that the Office

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.040 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14991 of Inspector General has somehow ex- Secretary Veneman made clear in her The End of Year Review for the year 2000 onerated Mr. Dorr; that it found no letter back to the committee that nei- concluded that the Dorr’s Pine Grove Farms wrongdoing. That is just simply not ther the Department nor the nominee had no deficiencies. the case at all. Federal law provides would cooperate with or provide any I ask unanimous consent to have criminal penalties for knowingly mak- more information to the committee. those printed in the RECORD. ing false statements for the purpose of Almost without exception, nominees There being no objection, the mate- obtaining farm program payments. The seek to clear up and resolve any ques- rial was ordered to be printed in the USDA Office of Inspector General tions about the propriety of their fi- RECORD, as follows: looked at all of this and they referred nancial dealings most certainly when U.S. DEPARTMENT OF AGRICULTURE, it. The OIG found enough concerns they involve the Federal Government. FARM SERVICE AGENCY, about Mr. Dorr’s dealings with the In this case, Mr. Dorr refused to pro- Cherokee, IA, January 8, 1997. USDA Farm Service Agency to refer vide information and answer questions. PAUL R. DORR, Instead, he and the administration de- Ocheyedan, IA. the matter to the U.S. Attorney for the DEAR SIR: The Cherokee County Com- Northern District of Iowa. cided to stonewall and withhold crit- mittee met on December 19, 1996 and deter- As I said before, the U.S. attorney de- ical information. That is why 44 Sen- mined that M. G. Dorr Irrevocable Trust had clined to proceed because the statute of ators said we do not want to take ac- a shares violation for the years 1993, 1994 and limitations had run. So attempts by tion until the nominee furnishes the 1995; that is the Trust’s total contributions the administration to characterize this requested information and, two, a hear- to the farming operation were not commen- as an exoneration are simply wrong. ing under oath is held on Mr. Dorr’s surate with the claimed shares for the crop Procedural technicalities do not equate nomination according to committee years 1993, 1994, and 1995. The County Committee determined a re- to no wrongdoing. rules and normal practice. fund will be required but there was no crimi- I ask unanimous consent that a let- The PRESIDING OFFICER. The Sen- nal intent. ter from the U.S. Attorney for the ator from Mississippi. Sincerely. Northern District of Iowa dated Feb- Mr. COCHRAN. How much time re- MICHAEL W. HOUSTON, ruary 2, 2002, be printed in the RECORD. mains on both sides of the issue? County Executive Director. U.S. DEPARTMENT OF JUSTICE, The PRESIDING OFFICER. There February 7, 2002. are 5 minutes on the majority side and FEBRUARY 4, 2002. S/A DALLAS L. HAYDEN, 3 minutes on the minority side. DORR’S PINE GROVE FARMS, U.S. Department of Agriculture, Mr. COCHRAN. I yield the remainder Marcus, IA. Great Plains Region, of our time to the distinguished Sen- DEAR MR. DORR: The Cherokee County Committee reviewed the End of Year Review, Mission, KS. ator from Iowa, Mr. GRASSLEY. DEAR MR. HAYDEN: After reviewing the in- The PRESIDING OFFICER. The Sen- in particular the worksheet #9 5 pages 1 & 2 vestigative report dated September 26, 2001, (attached). The County Committee deter- ator from Iowa. mined that there was no evidence of receiv- regarding the above subject and our tele- Mr. GRASSLEY. Madam President, phone discussion of this date, we are declin- ing benefits indirectly or directly that would ing criminal prosecution and any affirmative we have just heard that Mr. Dorr es- exceed the maximum payment limitation. civil enforcement due to statute of limita- caped prosecution because of the stat- The County Committee also agrees there was tions issues. ute of limitations. That is to assume no evidence that Dorr’s Pine Grove Farm nor Sincerely, guilt. There were not charges filed, and Tom Dorr participated in a scheme or device CHARLES W. LARSON, SR., I think it is wrong for us to assume to evade the maximum payment limitation United States Attor- anybody is guilty, under our system of regulations. ney. The End of Year Review for the year 2000 law that a person is innocent until concluded that the Dorr’s Pine Grove Farms By: JUDITH A. WHETSTINE, proven guilty. Assistant United had no deficiencies. States Attorney. I wish to go to some records from Any questions please call (712) 225–5717. people who live within no more than 25 Thank you. Mr. HARKIN. This is a letter to Dal- miles of this operation and explain Sincerely, las Hayden. I do not know who Dallas what authorities for the U.S. Depart- MICHAEL W. HOUSTON, Hayden is. It says, regarding Thomas ment of Agriculture had to say about County Executive Director, C. Dorr, Marcus, IA: Cherokee County FSA Office. this, and I will enter these two letters Dear Mr. Hayden: After reviewing the in- in the RECORD. One is January 8, 1997, Mr. GRASSLEY. But I think I want vestigative report dated September 26, 2001, to go to the bigger picture in ending regarding the above subject [that is Thomas from Michael Houston, county execu- tive director of the Farm Service Ad- my justification for this confirmation. Dorr] and our telephone discussion of this That goes back to all that we heard date, we are declining criminal prosecution ministration. It says: and any affirmative civil enforcement due to The Cherokee County Committee met on during the year 2001, when this nomi- statute of limitations issues. Sincerely, December 19, 1996, and determined that M.G. nation was presented to the Senate, Charles W. Larson, Sr., United States Attor- Dorr Irrevocable Trust had a shares viola- going into the year 2002. There were a ney. tion for the years 1993, 1994 and 1995; that is lot of organizations that testified So to characterize this as being an the Trust’s total contributions to the farm- against his nomination. There were a exoneration—he was exonerated be- ing operation were not commensurate with lot of accusations made. There was a cause he beat the rap. He escaped the the claimed shares for the crop years 1993, lot of discussion. There were a lot of 1994 and 1995. statute of limitations. That is hardly The County Committee [meaning the coun- newspaper articles. being exonerated. ty committee of the Farm Service Agency of This may not be a sound way to Again, look at what he said with his the U.S. Department of Agriculture] deter- make a judgment about whether some- own words, saying he had set this up to mined a refund will be required but there thing is right or wrong, but if I hear get around the payment limitation. was no criminal intent. from the grassroots of Iowa right away These are Mr. Dorr’s own words. Then, on February 4, 2002, we have about a nomination, I take that much We know crop shares are misrepre- this letter signed by the same Michael more seriously. But most of the accu- sented for two of the entities in this Houston. It is entitled ‘‘End of Year sations against Tom Dorr came after complex web he has woven for himself. Review, 1994–1995.’’ there were articles in the New York We do not know about the rest, and The Cherokee County Committee reviewed Times and the Washington Post, and that is what we did not have sufficient the End of Year Review, in particular the then interest in this nomination in the information about—about the other worksheet number 9.5, pages 1 and 2—at- Iowa newspapers came about the same corporations, partnerships, and individ- tached. The County Committee determined time, and the accusations that were uals involved. that there was no evidence of receiving bene- put in place. So the committee requested addi- fits indirectly or directly that would exceed Then I heard something. Obviously, tional documents. We asked for addi- the maximum payment limitations. The when you hear from your constituents County Committee also agrees that there tional documents and we asked the was no evidence that the Dorr’s Pine Grove against a nominee you want to take nominee additional questions. I believe Farm nor Tom Dorr participated in a scheme that into consideration. So then noth- these were reasonable requests per- or device to evade the maximum payment ing happened to this nomination until taining to valid questions. limitations regulations. the President has pushed it, during the

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.022 S18PT1 S14992 CONGRESSIONAL RECORD — SENATE November 18, 2003 new Congress. In the meantime, then, But on the matter of racial diversity, The yeas and nays resulted—yeas 57, Secretary Dorr has been in a position there was some mention about whether nays 39, as follows: for well over a year. During that 1 Ralph Paige supports Mr. Dorr. I pre- [Rollcall Vote No. 454 Ex.] year, none of the people or organiza- viously put in the RECORD a letter op- YEAS—57 tions that came out so strongly against posing Mr. Dorr’s nomination signed by Akaka Dole McConnell Tom Dorr in the previous Congress has the Federation of Southern Coopera- Alexander Domenici Miller raised complaints about his doing the tives, which is Mr. Paige’s operation. Allard Ensign Murkowski job that he is doing. It tells me, then, One of my friends in Iowa said if you Allen Enzi Nelson (NE) Bennett Fitzgerald Nickles we ought to look at on-the-job per- can’t get along with your neighbors, Bond Frist Pryor formance as criteria for this person you probably can’t get along with too Brownback Graham (SC) Roberts moving forward with this nomination. many other people. This is in the Bunning Grassley Santorum That is what I ask my colleagues to Burns Gregg Sessions record, in the newspaper, his neighbors Campbell Hagel Shelby do as they consider it. talking about him. Verdell Johnson a Chafee Hatch Smith I yield the floor. Republican, a former neighbor who Chambliss Hutchison Snowe The PRESIDING OFFICER. Who lives in a nearby Cleghorn, said: Cochran Inhofe Specter yields time? Coleman Jeffords Stevens He would be very counter to rural develop- Mr. HARKIN. Madam President, how Collins Kyl Sununu ment, unless you would consider that rural Cornyn Lincoln Talent much time remains? development is one farmer in every county. Craig Lott Thomas The PRESIDING OFFICER. There Marvin Pick, whose farm is next to Crapo Lugar Voinovich are 3 minutes remaining. DeWine McCain Warner one of Dorr’s farms said: ‘‘Who are his Mr. HARKIN. And how much on the NAYS—39 other side? friends? I don’t think he’s got any.’’ The PRESIDING OFFICER. The time Baucus Dayton Lautenberg The PRESIDING OFFICER. All time Bayh Dodd Leahy has expired. of the Senator has expired. Biden Dorgan Levin Mr. HARKIN. I just have 3 minutes Mr. HARKIN. Madam President, Bingaman Durbin Mikulski left? I will try to sum up here. until we get the documents for which Boxer Feingold Murray we have asked, and until such time as Breaux Feinstein Nelson (FL) Madam President, as I said in the be- Byrd Harkin Reed ginning I don’t take any pleasure in we have him under oath to answer Cantwell Hollings Reid what we are doing this morning and questions about these dealings, I do not Carper Inouye Rockefeller the position I am taking. In my 29 think the Senate should invoke cloture Clinton Johnson Sarbanes Conrad Kennedy Schumer years here, 10 in the House and 19 in and proceed with a vote until such Corzine Kohl Stabenow the Senate, I have never opposed an time as we get that documentation. Daschle Landrieu Wyden The PRESIDING OFFICER. Under Iowan for a position in the Federal NOT VOTING—4 Government—under the Reagan admin- the previous order, the clerk will re- Edwards Kerry istration, Ford, Carter, any of them. It port the motion to invoke cloture. Graham (FL) Lieberman does not give me a great deal of pleas- The assistant legislative clerk read The PRESIDING OFFICER. On this ure to oppose this one. as follows: vote the yeas are 57, the nays are 39. I think the record is clear. The CLOTURE MOTION Three-fifths of the Senators duly cho- record is clear that this individual, in We the undersigned Senators, in accord- his own words, said he misrepresented ance with the provisions of rule XXII of the sen and sworn not having voted in the to the Federal Government what he standing rules of the Senate, do hereby move affirmative, the motion is not agreed was doing in order to avoid payment to bring to a close debate on Executive Cal- to. limitations. endar No. 237, the nomination of Thomas CLOTURE MOTION These are not my words. These are Dorr to be Under Secretary of Agriculture Under the previous order, the clerk for Rural Development. will report the motion to invoke clo- his own words on tape. It is his own Bill Frist, Thad Cochran, Saxby words when he denigrated racial diver- Chambliss, Rick Santorum, Norm Cole- ture. sity, ethnic diversity, religious diver- man, Craig Thomas, Jeff Sessions, Pat Mr. REID. Mr. President, I suggest sity, in saying counties in Iowa which Roberts, Kay Bailey Hutchison, George the absence of a quorum. were very successful—were most suc- Voinovich, Chuck Grassley, Wayne Al- The PRESIDING OFFICER. Is there cessful—lacked diversity, and there is lard, Michael Enzi, Elizabeth Dole, objection? something there that caused that be- John Sununu, Sam Brownback, John Mr. COCHRAN. Reserving the right cause they didn’t have racial, ethnic, Warner. to object, what is the request? or religious diversity. Those were his The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The Sen- own words. imous consent the mandatory quorum ator has suggested the absence of a It was Mr. Dorr’s own words when he call is raised. quorum. said you drive around Iowa and you see The question is, Is it the sense of the Mr. COCHRAN. Mr. President, I sug- a $10,000 house and you see 10 cars, he Senate debate on Executive Calendar gest there is a quorum present. said, which confirms my ‘‘10 cars- No. 237, the nomination of Thomas C. The PRESIDING OFFICER. Is there $10,000 home theory,’’ denigrating poor Dorr to be Under Secretary of Agri- objection, then? people. culture for Rural Development shall be Mrs. HUTCHISON. I object. Sure they may have a lot of cars brought to a close? The yeas and nays The PRESIDING OFFICER. Objec- around because they can’t afford a new are mandatory under the rule. tion is heard. one. They take parts off of one or an- The clerk will call the roll. Under the previous order, the clerk other, we know that. The assistant legislative clerk called will report the motion to invoke clo- He said the more you help the more the roll. ture. you hinder. But then he didn’t mind Mr. REID. I announce that the Sen- The legislative clerk read as follows: taking Government money. He didn’t ator from North Carolina (Mr. ED- CLOTURE MOTION mind taking student loans when he was WARDS), the Senator from Florida (Mr. We the undersigned Senators, in accord- a student. He didn’t mind taking Fed- GRAHAM), the Senator from Massachu- ance with the provisions of Rule XXII of the eral payments for his farm. That didn’t setts (Mr. KERRY), and the Senator Standing Rules of the Senate, do hereby seem to hinder him any. from Connecticut (Mr. LIEBERMAN) are move to bring to a close debate on Executive Last, on the OIG, I have to say again, necessarily absent. Calendar No. 238, the nomination of Thomas the Office of Inspector General referred I further announce that, if present C. Dorr, of Iowa, to be a member of the this to the U.S. attorney for prosecu- and voting, the Senator from Massa- Board of Directors of the Commodity Credit Corporation. tion. The U.S. attorney did not pros- chusetts (Mr. KERRY) would vote Bill Frist, Thad Cochran, Norm Coleman, ecute because the statute of limita- ‘‘nay.’’ Charles Grassley, Wayne Allard, Jim tions had run, that is all. They didn’t The PRESIDING OFFICER. (Mr. Bunning, Conrad Burns, Mitch McCon- say he was guilty or not, but that is ENZI). Are there any other Senators in nell, John Cornyn, Lamar Alexander, not an exoneration either. the Chamber desiring to vote? Larry Craig, Richard G. Lugar, Peter

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.025 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14993 Fitzgerald, George Allen, Don Nickles, LEGISLATIVE SESSION put, when the Democrats were in con- John Ensign, James Inhofe. The PRESIDING OFFICER. Under trol of the House of Representatives, The PRESIDING OFFICER. By unan- the previous order, the Senate will now the Senate, and the Presidency back in imous consent, the mandatory quorum return to legislative session. 1993, the unemployment rate, when call has been waived. The Senator from Washington. they terminated the program, was 6.4 The question is, Is it the sense of the percent nationally. It is now 6.0 per- Senate that debate on Executive Cal- f cent, lower than it was in 1993 when endar No. 238, the nomination of Thom- UNANIMOUS CONSENT REQUEST— every Democrat voted to terminate the as C. Dorr, of Iowa, to be a member of S. 1853 program. So with that, I object. the Board of Directors of the Com- The PRESIDING OFFICER. The ob- modity Credit Corporation, shall be Ms. CANTWELL. Mr. President, I jection is heard. know we are going to move on to other brought a close? f The yeas and nays are required under legislation and I am sure we are going the rule. to hear from our leaders today about DEPARTMENTS OF VETERANS AF- The clerk will call the roll. what the rest of the week’s schedule FAIRS AND HOUSING AND URBAN The legislative clerk called the roll. looks like and possible strategy for ad- DEVELOPMENT AND INDEPEN- Mr. REID. I announce that the Sen- journment, but I think it is critically DENT AGENCIES APPROPRIA- ator from North Carolina (Mr. ED- important before we adjourn we ad- TIONS ACT, 2004 WARDS), the Senator from Florida (Mr. dress the unemployment needs of The PRESIDING OFFICER. Under GRAHAM), the Senator from Massachu- Americans. While we in this body last the previous order, the Senate will re- setts (Mr. KERRY), and the Senator year adjourned without fully taking sume consideration of H.R. 2861, which from Connecticut (Mr. LIEBERMAN) are care of the unemployed and the unem- the clerk will report. necessarily absent. ployment benefit extension program, I The assistant legislative clerk read I further announce that, if present think it is unconscionable we would do as follows: and voting, the Senator from Massa- that this year. A bill (H.R. 2861) to make appropriations chusetts (Mr. KERRY) would vote While the economy may have slightly for the Departments of Veterans Affairs and ‘‘nay.’’ improved, we still have huge unem- Housing and Urban Development and for sun- The PRESIDING OFFICER. Are there ployment across the country. For us in dry independent agencies, boards, commis- any other Senators in the Chamber de- the State of Washington, with nearly sions, corporations, and offices for the fiscal siring to vote? 71⁄2 percent unemployment, this prob- year ending September 30, 2004, and for other The yeas and nays resulted—yeas 57, lem continues. purposes. nays 39, as follows: Unemployment benefit insurance is a Pending: The result was announced—yeas 57, stimulus. For every dollar paid in un- Bond/Mikulski amendment No. 2150, in the nays 39, as follows: employment benefits, it generates $2.15 nature of a substitute. [Rollcall Vote No. 455 Ex.] into the economy. This is what we need Dayton amendment No. 2193 (to amend- YEAS—57 to be doing to take care of Americans. ment No. 2150), to fully fund the Paul and Sheila Wellstone Center for Community Akaka Dole McConnell We cannot continue to give tax breaks Building. Alexander Domenici Miller to the wealthiest of Americans and tax AMENDMENT NO. 2199 TO AMENDMENT NO. 2150 Allard Ensign Murkowski incentives in the Energy bill and tax Allen Enzi Nelson (NE) Mr. BOND. Mr. President, I have breaks in a lot of other programs and Bennett Fitzgerald Nickles some amendments that have been Bond Frist Pryor not take care of basic Americans who cleared on both sides. First, I send an Brownback Graham (SC) Roberts would rather have a job but do not Bunning Grassley Santorum amendment to the desk for Mr. JEF- have that opportunity and are depend- Burns Gregg Sessions FORDS, Mr. LIEBERMAN, Mr. BINGAMAN, Campbell Hagel Shelby ing on those unemployment benefits to and Mr. EDWARDS, dealing with a study Chafee Hatch Smith make mortgage and health care pay- Chambliss Hutchison Snowe on Prevention of Significant Deteriora- ments. Cochran Inhofe Specter tion and Nonattainment New Source Last year we really did leave Ameri- Coleman Jeffords Stevens Review. Collins Kyl Sununu cans with a lump of coal in their stock- The PRESIDING OFFICER. The Cornyn Lincoln Talent ing. Instead of saying to them we are Craig Lott Thomas clerk will report. going to make sure that as the econ- Crapo Lugar Voinovich The assistant legislative clerk read DeWine McCain Warner omy starts to recover we are taking as follows: NAYS—39 care of you to give you that security, we said we are going to terminate this The Senator from Missouri [Mr. BOND], for Baucus Dayton Lautenberg program. Even though the Senate did Mr. JEFFORDS, Mr. LIEBERMAN, Mr. BINGA- Bayh Dodd Leahy MAN, and Mr. EDWARDS, proposes an amend- Biden Dorgan Levin its homework and the House failed to ment numbered 2199. Bingaman Durbin Mikulski pass this, we left many Americans Boxer Feingold Murray Mr. BOND. Mr. President, I ask unan- without that security. Breaux Feinstein Nelson (FL) imous consent that the reading of the Constituents of mine basically took Byrd Harkin Reed amendment be dispensed with. Cantwell Hollings Reid money out of their long-term pension The PRESIDING OFFICER. Without Carper Inouye Rockefeller savings at huge penalties just to make Clinton Johnson Sarbanes objection, it is so ordered. up for the unemployment benefit pro- Conrad Kennedy Schumer The amendment is as follows: Corzine Kohl Stabenow gram that would not continue. It is im- Daschle Landrieu Wyden perative before we adjourn we pass the (Purpose: To include an evaluation of the im- pact of a final rule promulgated by the Ad- NOT VOTING—4 Unemployment Benefit Program exten- ministrator of the Environmental Protec- Edwards Kerry sion. tion Agency in a study conducted by the Graham (FL) Lieberman I ask unanimous consent that the Fi- National Academy of Sciences) The PRESIDING OFFICER. On this nance Committee be discharged from At the appropriate place, add the fol- vote, the yeas are 57, the nays are 39. further consideration of S. 1853, a bill lowing: Three-fifths of the Senators duly cho- to extend unemployment insurance SEC. ll. NATIONAL ACADEMY OF SCIENCES sen and sworn not having voted in the benefits for displaced workers; that the STUDY. affirmative, the motion is rejected. Senate proceed to its immediate con- The matter under the heading ‘‘ADMINIS- Mr. HARKIN. Mr. President, I move sideration, the bill be read a third time TRATIVE PROVISIONS’’ under the heading ‘‘EN- to reconsider the vote on this vote and and passed and the motion to recon- VIRONMENTAL PROTECTION AGENCY’’ in title sider be laid upon the table. III of division K of section 2 of the Consoli- the previous vote. dated Appropriations Resolution, 2003 (117 Mr. REID. I move to lay both mo- The PRESIDING OFFICER. Is there Stat. 513), is amended— tions on the table. objection? (1) in the first sentence of the fifth undes- The motions to lay on the table were Mr. ENSIGN. Reserving the right to ignated paragraph (beginning ‘‘As soon as’’), agreed to. object, and I will object, very simply by inserting before the period at the end the

VerDate jul 14 2003 01:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.028 S18PT1 S14994 CONGRESSIONAL RECORD — SENATE November 18, 2003 following: ‘‘, and the impact of the final rule The assistant legislative clerk read Ms. MIKULSKI. I move to lay that entitled ‘Prevention of Significant Deterio- as follows: motion on the table. ration (PSD) and Nonattainment New Source The Senator from Missouri [Mr. BOND], for The motion to lay on the table was Review (NSR): Equipment Replacement Pro- Mr. INHOFE, proposes an amendment num- agreed to. vision of the Routine Maintenance, Repair bered 2200. and Replacement Exclusion’, amending parts AMENDMENT NO. 2193 51 and 52 of title 40, Code of Federal Regula- Mr. BOND. I ask unanimous consent Mr. DAYTON. Mr. President, I call tions, and published in electronic docket that the reading of the amendment be up amendment No. 2193 and ask for its OAR-2002-0068 on August 27, 2003’’; and dispensed with. immediate consideration. (2) in the sixth undesignated paragraph The PRESIDING OFFICER. Without The PRESIDING OFFICER. Amend- (beginning ‘‘The National Academy of objection, it is so ordered. ment No. 2193 is pending. Sciences’’), by striking ‘‘March 3, 2004’’ and The amendment is as follows: Mr. DAYTON. I defer to the ranking inserting ‘‘January 1, 2005.’’ (Purpose: To include provisions relating to member. Mr. JEFFORDS. Mr. President, in designations of areas for PM2.5 national Ms. MIKULSKI. First, we acknowl- January 2003, the Senate approved a ambient air quality standards) edge the very able Senator from Min- very similar amendment by Senator On page 106, between lines 20 and 21, insert nesota has offered an amendment for INHOFE to the Fiscal Year 2003 consoli- the following: the full funding of the Wellstone Me- dated appropriations bill. That amend- SEC. ll. DESIGNATIONS OF AREAS FOR PM2.5 morial in this year’s appropriation. ment initiated a study at the National AND SUBMISSION OF IMPLEMENTA- TION PLANS FOR REGIONAL HAZE. We acknowledge the vigorous advo- Academy of Sciences to look at the ef- (a) IN GENERAL.—Section 107(d) of the cacy of Senator DAYTON for not only fects of the EPA’s first set of New Clean Air Act (42 U.S.C. 7407(d)) is amended Minnesota but for his dear and beloved Source Review rules, published on De- by adding at the end the following: colleague, Senator Wellstone, of happy cember 31, 2002, on emissions, human ‘‘(6) DESIGNATIONS.— memory. We all remember with great health, pollution control technology, ‘‘(A) SUBMISSION.—Notwithstanding any melancholy that terrible day when and energy efficiency. other provision of law, not later than Feb- Senator Wellstone lost his life. We That amendment provided that the ruary 15, 2004, the Governor of each State shall submit designations referred to in para- promised we wanted to have a perma- National Academy will submit an in- nent memorial to the legacy of truly terim report to Congress no later than graph (1) for the July 1997 PM2.5 national am- bient air quality standards for each area an extraordinary American. I assure March 3, 2004, approximately 1 year within the State, based on air quality moni- the Senator from Minnesota and all the after passage. toring data collected in accordance with any people of Minnesota, we have the will In September 2003, the EPA provided applicable Federal reference methods for the to help complete this memorial. We are an oral authorization to the academy relevant areas. a little tight on the wallet. to begin work. Unfortunately, the ‘‘(B) PROMULGATION.—Notwithstanding any I wonder if the Senator would accept other provision of law, not later than Decem- agency has still not provided the con- essentially a 2-year funding promise, tract papers necessary for the project ber 31, 2004, the Administrator shall, con- sistent with paragraph (1), promulgate the that we fund this this year at $500,000 to start. I do not know what the holdup and that next year we complete it with might be. designations referred to in subparagraph (A) for each area of each State for the July 1997 $700,000. This way it keeps the money However, that study, if it ever gets PM2.5 national ambient air quality stand- in the pipeline so the memorial can be funded by EPA, would not review the ards. sure it can meet its bottom line, and effects of the second set of NSR rules ‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL that we can continue to stay the course on routine equipment replacement HAZE.— on creating this most appropriate me- which were published on October 27, ‘‘(A) IN GENERAL.—Notwithstanding any morial to our beloved colleague. 2003. It should and, since EPA has not other provision of law, not later than 3 years after the date on which the Administrator Would the Senator accept that as a yet funded the study and it has not way of keeping the process moving for- started, there is still plenty of time to promulgates the designations referred to in paragraph (6)(B) for a State, the State shall ward but understanding that we are a revise the mission statement and do submit, for the entire State, the State imple- bit tight this year? I know, because the the work. I am advised by academy mentation plan revisions to meet the re- Wellstone legacy was in championing staff that this expansion would entail quirements promulgated by the Adminis- veterans, I say to my colleague from minimal additional cost to EPA. trator under section 169B(e)(1) (referred to in Minnesota, we have been able to add As I have noted, my amendment sim- this paragraph as ‘regional haze require- $1.3 billion, and if I know our col- ply extends the NAS study to cover the ments’). league, that is what he would be happy effects of the second set of rules look- ‘‘(B) NO PRECLUSION OF OTHER PROVISIONS.— about. ing at the same criteria and extends Nothing in this paragraph precludes the im- But we are not going to abandon the the interim report deadline by 10 plementation of the agreements and rec- ommendations stemming from the Grand memorial, either. Does this sound like months to January 1, 2005. Canyon Visibility Transport Commission Re- I am pleased the managers have a reasonable, rational, and acceptable port dated June 1996, including the submis- approach? agreed to accept this amendment. sion of State implementation plan revisions Mr. BOND. Mr. President, we are Mr. DAYTON. I thank the Senator by the States of Arizona, California, Colo- and the chairman of the subcommittee. ready to accept the amendment by rado, Idaho, Nevada, New Mexico, Oregon, I know these two leaders have been voice vote. Utah, or Wyoming by December 31, 2003, for The PRESIDING OFFICER. Is there implementation of regional haze require- under the greatest of pressures and fi- further debate? If not, the question is ments applicable to those States.’’. nancial strictures. They both have per- on agreeing to amendment No. 2199. (b) RELATIONSHIP TO TRANSPORTATION EQ- formed heroically in getting the money The amendment (No. 2199) was agreed UITY ACT FOR THE 21ST CENTURY.—Except as for veterans. to. provided in paragraphs (6) and (7) of section My colleague is right. My former col- Mr. BOND. Mr. President, I move to 107(d) of the Clean Air Act (as added by sub- league, Senator Wellstone, would be section (a)), section 6101, subsections (a) and happy beyond belief for the veterans of reconsider the vote. (b) of section 6102, and section 6103 of the Ms. MIKULSKI. I move to lay that Transportation Equity Act for the 21st Cen- Minnesota and of America. I thank you motion on the table. tury (42 U.S.C. 7407 note; 112 Stat. 463), as in for your extraordinary efforts. I salute The motion to lay on the table was effect on the day before the date of enact- the efforts of both distinguished col- agreed to. ment of this Act, shall remain in effect. leagues and I thank them for this mat- AMENDMENT NO. 2200 TO AMENDMENT NO. 2150 Mr. BOND. We have no further state- ter. Mr. BOND. I send an amendment to ments on this side. I certainly meant no disrespect to the desk on behalf of Senator INHOFE, The PRESIDING OFFICER. The anyone yesterday in my remarks. My providing for implementation plans question is on agreeing to the amend- distress was primarily because I felt and no preclusion of other provisions ment. that again my friend Paul’s memory relating to the Grand Canyon Visi- The amendment (No. 2200) was agreed would not be well served by having the bility Transport Commission. to. folks in Minnesota or anywhere else The PRESIDING OFFICER. The Mr. BOND. Mr. President, I move to losing out. So his memory would be clerk will report. reconsider the vote. served, I wanted this memorial, this

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.042 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14995 tribute from the Senate, the House of I believe there are no further com- Most people believe we will continue Representatives, and the President of ments. to fly the shuttle for the life of the sta- the United States, and they have been The PRESIDING OFFICER. Without tion, but we continue to base our budg- very supportive and gracious through- objection, the Senator will be added as etary decisions on the long-lost out all this. We finally fulfill that. a cosponsor. premise that the shuttle will be re- I thank the chairman and ranking Mr. BOND. I ask we adopt it on a placed in the near term. member for making this possible, and I voice vote. The fact of the matter is that the yield the floor. The PRESIDING OFFICER. Is there shuttle must return to flight to com- Ms. MIKULSKI. I further say to my further debate? plete the assembly of the International unflagging colleague from Minnesota, If not, the question is on agreeing to Space Station. Return to flight will this $500,000 will not come out of other the amendment as modified. take funds, and we don’t know if NASA Minnesota projects. OK? The memorial The amendment (No. 2193), as modi- has enough funds to fully cover the to Senator Wellstone is a national fied, was agreed to. cost of return to flight since the fiscal project of national impact and, there- Mr. BOND. Mr. President, I move to year 2004 supplemental was never sent fore, will not impact upon the Min- reconsider the vote. to Congress and the fiscal year 2005 nesota projects which are also so im- Ms. MIKULSKI. I move to lay that budget remains embargoed. We do portant and needed. motion on the table. know that NASA plans to reprogram Mr. DAYTON. I thank my colleague. The motion to lay on the table was $200 million out of station reserves and agreed to. AMENDMENT NO. 2193, AS MODIFIED $107 million out of the Service Life Ex- Mr. DAYTON. Mr. President, may I MS. MIKULSKI. Mr. President, I tension Program, SLEP, to cover some have 1 minute? send to the desk a modification of the of the fiscal year 2004 costs. The req- The PRESIDING OFFICER. The Sen- Dayton amendment and ask such modi- uisite funds should not be robbed from ator from Minnesota. other NASA accounts as has been prac- fication reflect the agreement we had Mr. DAYTON. Mr. President, I thank, here and I urge its adoption. ticed in the past. Perhaps it would be again, the chairman for his wonderful better to provide NASA enough money The PRESIDING OFFICER. Is there remarks. I know my departed colleague objection to modifying the Dayton to adequately fund all the NASA initia- enjoyed his camaraderie with his col- tives without resorting to starving one amendment? Without objection, it is so leagues here as much as he enjoyed the ordered. account to feed another. debates and disagreements. He re- The shuttle needs to be able to fly The amendment (No. 2193), as modi- spected all of them as individuals and fied, is as follows: safely as long as this country needs it. the process as we are all engaged in as To even consider using upgrade and in- On page 58, line 21, strike ‘‘$1,112,130,000’’ the essence of our democracy. frastructure funds for return to flight and insert ‘‘$1,111,530,000’’. I thank the distinguished Senator On page 125, between lines 7 and 8, insert is unconscionable and certainly not in the following: from Missouri for those gracious com- the long-term best interest of our Na- SEC. 418. There shall be made available ments. Again, I thank the ranking tion’s space program. $1,500,000 to the Secretary of Housing and member, the great Senator from Mary- It is important that we build, main- Urban Development for the purposes of mak- land, for her help in this matter and tain and fly the safest vehicle possible. ing the grant authorized under section 3 of our successful resolution. We cannot afford to have accountants the Paul and Sheila Wellstone Center for I wish to give credit to my colleague, making technical decisions instead of Community Building Act. Senator COLEMAN, who is chairing a engineers and program managers if we Mr. BOND. We are happy to accept it. hearing of the Permanent Sub- want to maintain our technology edge. We appreciate working with the Sen- committee on Investigations. He has Reducing the NASA budget for the ator from Minnesota, in fact both Sen- been very supportive of this through- International Space Station program ators from Minnesota. Senator DAYTON out and was instrumental earlier this in fiscal year 2004 could force NASA to and Senator COLEMAN have both been year in getting the funding raised to transfer skilled, knowledgeable per- very strong, vocal supporters. We know its current level. I cannot speak for sonnel—civil service and contractor— how important it is to Minnesota. We him, but I am sure he is grateful, as I to other programs. A lesson learned are sorry we are in such tight fiscal am, that this has been resolved. from the Columbia accident was that we constraints, but we want to put the Thank you, Mr. President. I yield the must retain the technical knowledge money in this year with the sure floor. within human space flight programs so knowledge that we will be able to come Mr. NELSON of Florida. Mr. Presi- that potential life-threatening prob- back and finish it next year, which I dent, I rise to talk about the VA–HUD lems can reliably be identified and cor- trust will not delay the construction of NASA flat-line budget. The bill has rectly addressed. the memorial. NASA funded at $15.3 billion. This is The science and technology payback Furthermore, since Senator COLEMAN the same as the amount enacted in fis- from the ISS is proportional to the size has been active on this, on his behalf, cal year 2003. As many of you may re- of the crew working there. There are I ask that he be listed as a cosponsor of call, I have fought to plus up the shut- now two crew members onboard but the amendment. I know the people of tle upgrades program for years. I still the program plan calls for an increase Minnesota want to know both of their firmly believe that adequate up to seven when the shuttle is re- Senators are very vigorous champions supportability and safety upgrades turned to flight and emergency crew of this great memorial to a man we budgets, coupled with supporting infra- return capability is onboard. That in- will always miss. structure, are needed to keep the shut- crease also requires that the ISS’s life I didn’t always agree with him but it tle operating safely. support systems be beefed up to pro- was always interesting, and I had The Columbia Accident Investigation vide greater oxygen generation and many, many good and pleasant ex- Board chaired by Admiral Gehman con- carbon dioxide removal among other changes with him. We worked together cluded that throughout the decade, the capabilities. The fiscal year 2004 ISS on many issues. The Government Shuttle Program has had to function budget request includes capability up- Printing Office now uses soy ink be- within an increasingly constrained grades that are the upfront systems cause of our amendment. We used to budget. Both the shuttle budget and that will allow that increase in crew tease each other, that in Minnesota he workforce have been reduced by over 40 size. This development is programmed would claim it as the Wellstone amend- percent during the past decade. The to be continued in fiscal year 2005 from ment; I would claim it as the Bond White House, Congress, and NASA program budget reserves. If the ISS amendment in Missouri. But neither leadership exerted constant pressure to budget is reduced in fiscal year 2004 one of us would mention the cosponsor reduce or at least freeze operating that reduction will come from existing in our States. costs. As a result, there was little mar- reserves that would have been carried But we worked closely together. His gin in the budget to deal with unex- forward to fiscal year 2005 and paid for is a wonderful spirit that is still with pected technical problems or make the continuation of these necessary de- us. shuttle improvements. velopments. A cut this year will most

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.032 S18PT1 S14996 CONGRESSIONAL RECORD — SENATE November 18, 2003 likely force NASA to cut back on this erage wage of more than $7.60 per One especially troubling expense, development and further delay crew hour—or go on to postsecondary edu- neither budgeted for nor requested by size increase and consequently the sci- cation. The program’s success rate is the Administration over the past entific return from the ISS. especially notable since YouthBuild twelve years, is a provision that directs Because a reduction in the ISS budg- serves an at-risk population, 80 percent the VA to continue the twelve year old et for fiscal year 2004 will likely be of whom have previously dropped out demonstration project involving the taken from program reserves that is of high school. Clarksburg, WV, Veterans Affairs Med- like tying one arm behind the pro- YouthBuild is a uniquely comprehen- ical Center (VAMC) and the Ruby Me- gram’s management. ISS is a devel- sive program that offers at-risk youth morial Hospital at West Virginia Uni- oping human space flight vehicle, with an immediately productive role re- versity. Several years ago, the VA– inherent schedule and technical risks. building their communities. Along HUD appropriations bill contained a Managing the unknowns that will with attending basic education classes plus-up of $2 million for the Clarksburg occur requires appropriate flexibility for 50 percent of the program time, stu- VAMC that ended up on the Adminis- in the management’s budget, budget dents receive job skills training in the tration’s line-item veto list and since reserves. Reducing the program budget well-paid construction field, personal then the millions keep flowing. and as a consequence reducing those counseling from respected mentors, a Three years ago, the Committee ‘rec- reserves is simply dangerous. supportive peer group with positive ommended’ $1 million for the design of We cannot allow this budget to be values, and experience in community a nursing home care unit at the Beck- flat lined from fiscal year 2003. NASA leadership and civic engagement. To ley, WV, VAMC. Two years ago they cannot do everything it hopes to do on date, 25,000 YouthBuild students have strengthened their report language the cheap. The fiscal year 2004 Presi- built over 10,000 units of affordable urging ‘the VA to accelerate the design dential request should be approved and housing. of the nursing home care unit at the in addition $300 million added to ensure Despite its obvious success, Beckley, WV VAMC.’’ Last year, they human space flight achieves its objec- YouthBuild is losing ground with more have urged the VA ‘‘to include suffi- tives without jeopardizing safety and than 30 sites that have closed due to cient funding’’ for a new nursing home delays to completing the ISS. I urge lack of funds since 1996. Most of the re- care unit at the Beckley, WV VAMC. my colleagues to join me in supporting maining programs enroll 25 percent This year, they urge the VA to include an increase to the NASA top line. fewer students than they did in 1997. In sufficient funding in the 2005 budget re- f 2001, 56 experienced YouthBuild sites quest. (At the request of Mr. DASCHLE, the that qualified for funding from HUD For St. Louis, MO, the Committee following statement was ordered to be did not receive it solely due to a lack ‘encouraged’ the VA to pursue an inno- printed in the RECORD.) of funding. Only two local programs vative approach at a cost of $7 million ∑ Mr. KERRY. Mr. President, I would have been funded continuously since for leasing parking spaces at the John like to take this opportunity to express 1994. Cochran Division of the VA Medical my appreciation to Chairman BOND and During the House-Senate conference, Center in St. Louis as a means to ad- Senator MIKULSKI for their hard work I hope that the Senate will yield to the dress a parking shortfall at the VA in developing the Senate fiscal year House and provide $65 million for hospital. 2004 VA–HUD and Independent Agen- YouthBuild as the President has re- Additionally, the Committee ‘‘sup- cies appropriations bill. Considering quested and the House of Representa- ports continuation’’ at the current the low authorization level for this im- tives has provided. This is the least we spending level of the Rural Veterans portant bill, they have done an excel- can do. We must continue to fight to Health Care Initiative at the White lent job maintaining priorities in Vet- open the doors of opportunity and serv- River Junction, VT VAMC. The current erans health care, the environment and ice to America’s youth by supporting level is an astounding $7 million. housing. It is vital that the full Sen- YouthBuild.∑ While I am encouraged by the in- ate-passed amount for Veterans Mr. MCCAIN. Mr. President, I want crease specifically in veterans health healthcare be maintained in conference to thank both Senator BOND and Sen- care funding over last year’s enacted so that we don’t lose more ground in ator MIKULSKI for their hard work on levels, we must do much more. We caring for those who have borne the this important legislation which pro- made a promise to our veterans that battle. However, it is obvious that ad- vides federal funding for the Depart- we would take care of their mental and ditional resources are critically needed ments of Veterans Affairs (VA) and physical health needs incurred for their for many programs in these areas if Housing and Urban Development, and many sacrifices for our nation. The VA they are to work as intended. Independent Agencies. Unfortunately, I currently has an incredible backlog of Understanding the difficult author- must again speak about the unaccept- claims. Currently, four out of every ten ization level facing this committee, I ably high funding levels of parochial claims for veterans’ disability benefits would still like to express my strong projects in this appropriations bill. are decided incorrectly further contrib- support for additional funding for Overall, this legislation contains ap- uting to the backlog. The millions in YouthBuild in the fiscal year 2004 VA– proximately $1.2 billion in unrequested dollars wasted in pork barrel spending HUD and Independent Agencies con- spending and locality-specific ear- would go a long way to decreasing the ference report. Despite the repeated marks. backlog in veterans claims by funding support of over 57 of our Senate col- The Committee provides $29.3 billion additional claims adjudicators and leagues for a funding level of $90 mil- in discretionary funding for the VA. training. lion, and despite the President’s Budg- That amount is $1.3 billion more than I would be remiss if I did not point et request and House-passed level of $65 the President’s budget request and $2.8 out the provisions in this legislation million, the Senate bill could only pro- billion above the amount in fiscal year related to AmeriCorps. Whether it is vide $60 million for a program that has 2003. Some progress has been made to tutoring inner-city youth or fighting proven its value and that is crucial to reduce the overall amount of earmarks forest fires in the West, the lives of the lives of many young people. At the for the VA in this spending bill. countless people are touched by same time, 1,400 YouthBuild partici- Among other Senators who have AmeriCorps. AmeriCorps’ efforts to pants who are building housing for stood on the Senate floor to fight for reach out to those affected by natural homeless and low-income people have additional funding for veterans’ disasters are paying serious dividends. lost access to AmeriCorps education healthcare, I am concerned that the Over 246,000 victims of fires, floods and awards due to the cutbacks in Committee has directed critical dollars hurricanes have been aided by AmeriCorps. from veterans’ healthcare to fund AmeriCorps volunteers working in con- Each year, YouthBuild receives spending projects that have not been junction with groups such as the Amer- strong bipartisan support because the properly reviewed. Certain provisions ican Red Cross. program works. Eighty-five percent of funded under the VA in this legislation Despite AmeriCorps’ countless suc- students who complete the YouthBuild illustrate that Congress still does not cess stories, the appropriators have program either secure a job—at an av- have its priorities in order. funded AmeriCorps $93.2 million below

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.048 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14997 the President’s request, while imposing Times expressing support. 1100 commu- $187,500 for Heartland Corn Products incredibly restrictive report language nity organizations have shown their in Winthrop, MN for construction of a that could very well fundamentally support. The support for AmeriCorps is new facility; change the face of a very successful clear. It is time that we acknowledge $100,000 for the Graveyard of the At- program. their efforts and not only fully fund lantic Museum in Hateras, NC to com- I was heartened when I saw that the the President’s request but expand plete construction; President requested funding to expand AmeriCorps to new levels. $450,000 for the Johnny Appleseed AmeriCorps to 75,000 volunteers in Fis- This legislation also contains the Heritage Center, Inc. in Ashland Coun- cal Year 2004. This was an important funding for the Department of Housing ty, OH for construction of facilities; first step on the road to large scale ex- and Urban Development. The programs pansion of AmeriCorps. Despite the administered by HUD help our nation’s $200,000 for Holt Hotel in Wichita President’s request, the appropriators families purchase their homes, helps Falls, TX for continued renovations to took it upon themselves to ensure that many low-income families obtain af- the Holt Hotel; we do not provide adequate funding to fordable housing, combats discrimina- $250,000 for the Walter Clore Wine and reach this ambitious level set forth by tion in the housing market, assists in Culinary Center in Prosser, WA for the President. The Appropriations rehabilitating neighborhoods and helps costs associated with its construction; Committee’s counterparts in the House our nation’s most vulnerable—the el- $500,000 for Appalachian Bible College of Representatives funded AmeriCorps derly, disabled and disadvantaged— in Beckley, WV to complete its library with $23.4 million more than the Sen- have access to safe and affordable hous- resource center; and ate, yet only believe that they can fund ing $1,000,000 for the Huntington Area De- 55,000 volunteers. Unfortunately, this bill shifts money velopment Council in Huntington, WV Everybody is well aware of money away from many critical housing and for the construction of a business incu- management problems that the Cor- community programs by bypassing the bator. poration for National Service and appropriate competitive process and This bill also funds the Environ- AmeriCorps have faced over the last inserting earmarks and set-asides for mental Protection Agency which pro- few years. I am confident that the special projects that received the at- vides resources to help state, local and change in leadership at the corporation tention of the Appropriations Com- tribal communities enhance capacity should help minimize the potential for mittee. This is unfair to the many and infrastructure to better address these same problems to repeat them- communities and families who do not their environmental needs. selves. However, if we do not provide have the good fortune of residing in a the amount of money the corporation Mr. President, the most egregious region of the country represented by a provision under the EPA section is the says it will need to fully fund 75,000 member of the Appropriations Com- volunteers, we are inviting a disastrous language that would significantly mittee. change states’ authority under the repeat of history. If we do not want to In the report accompanying this bill, Clean Air Act in order to protect an en- repeat this summer’s battle for supple- the Appropriators have taken two ac- gine manufacturer in Missouri. This mental funds for AmeriCorps, we must counts, originally created as competi- policy change has been advanced to fully fund AmeriCorps to the level that tive grant programs to be administered serve the concerns of Briggs and Strat- the Corporation feels is adequate, not by HUD, and earmarked close to 100% ton, although its September 2003 filing the appropriators. of those accounts. This bill funds the to the SEC indicated that there would The last authorization for the Economic Development Initiative at not be ‘‘a material effect on its finan- AmeriCorps program lapsed in 1996. It $140 million. However, the report lists cial condition or results of operations’’ is time to reauthorize the program. 331 earmarks for that program, total- and it has not been able to substan- The Health, Education, Labor and Pen- ing over $136 million. Similarly, the tiate job loss claims. However, what sions Committee has oversight respon- committee funds the Neighborhood Ini- has been substantiated by the many sibility for this program. It is time tiatives program at $21 million, with public health, state environmental de- that we hold hearings to reauthorize report language listing 20 earmarks, partments, and environmental groups this program and markup the Call to totaling over $20 million. I am deeply opposed to this are the detrimental ef- Service Act, which I authored with concerned that once competitive pro- fects it would have on air quality in- Senator BAYH and Senator KENNEDY. If grams have become nothing more than cluding ozone levels in many states, in- there is a need to impose restrictions slush funds to fulfill influential mem- cluding my own. On behalf of the on how AmeriCorps chooses its volun- bers’ parochial interests. teers or how awards are given out, the Some of the earmarks for special health of the citizens of our respective HELP committee is where that debate projects in this legislation include: states, every Senator in this chamber needs to take place, not by the appro- $1,000,000 for the Tongass Coast should oppose this blatant and unac- priators, without so much as a hearing. Aquarium in Ketchikan, AK for im- ceptable change in national air pollu- We have no idea what effect the re- provements; tion control policy which restricts strictions in this legislation will have $400,000 for Love, Inc. in Fairbanks, every state’s ability to make decisions on AmeriCorps. We have not bothered AK for a social service facility; that best serve the economic and envi- to run them by the Corporation. Mr. $250,000 for the Alaska Aviation Her- ronmental interests of the state. President, we are failing in our over- itage Museum in Anchorage for im- I support directing more resources to sight responsibilities. provements; communities that are most in need and The overwhelming support for $1,000,000 for Fort Westernaire in facing serious public health and safety AmeriCorps among the grassroots Golden, CO for the expansion of the threats from environmental problems. groups is clear. Recently, an event Westernaire museum; Unfortunately, after a review of this called Voices for AmeriCorps was $500,000 for Miami Dade County, FL year’s bill for EPA programs, I do not staged. This 100-hour event featured 130 for the construction of the Miami Dade believe that we are responding to the AmeriCorps Alumni and 51 Members of County Performing Arts Center; most urgent environmental needs. Our $500,000 for the Hawaii Nature Center Congress. In all over 700 people, rep- nation’s key environmental laws are an in Wailuku, HI for the Maui Renova- resenting 47 states expressed their sup- empty promise of protection without tion Project; port for AmeriCorps. During the sum- $500,000 for the Field Museum in Chi- adequate enforcement. I am gratified mer, letters were sent to the President cago, IL; that Senator LAUTENBERG’s amend- urging him to support an emergency $100,000 for the Iowa State Fair Board ment was accepted to bring essential appropriation request for AmeriCorps. in DesMoines, IA for a statewide enforcement activities at EPA to levels These letters were sent by a bipartisan awareness and education/exhibit. comparable to last year’s appropria- group of 79 Senators, 228 members of $280,000 for the City of Waterloo, IA tion. Enforcement actions have been the House of Representatives, 44 Gov- for the John Deere brownfield and bio- declining significantly in conjunction ernors and 148 Mayors. The list of sup- based incubator project; with the Administration’s enforcement porters is not restricted to elected offi- $500,000 for the B&O Railroad Mu- budget cuts. We cannot allow this cials. 250 private sector leaders took seum in Baltimore, MD for building trend to continue and uphold our re- out a full page ad in The New York renovations; sponsibility to protect human health

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.075 S18PT1 S14998 CONGRESSIONAL RECORD — SENATE November 18, 2003 and our vital natural resources under An increase of $1 million to the Dela- We must do better. As Admiral existing laws. ware Aerospace Education and Founda- Gehman testified during one of the The funding priorities in this bill tion in Kent County, DE; Senate Commerce Committee’s hear- seem to be slanted toward satisfying An increase of $1.5 million for the Ad- ings this year, when I asked him about parochial and institutional interests venture Science Center in Nashville, the effects of the $167 million that was rather than providing for robust imple- TN for the Sudekum Planetarium; earmarked in last year’s appropria- mentation of national environmental An increase of $2 million to Texas tions bill (FY 2003), he said ‘‘$100 mil- laws. Many of the earmarks provided Tech University in Lubbock, TX for lion will buy a lot of safety engineers.’’ for the EPA are targeted for consor- equipment at the Experimental Unfortunately, last year’s earmarks tiums, universities, or foundations. Sciences Building; and did not allow for NASA to buy those There are many environmental needs An increase of $1 million to Utah needed safety engineers. in communities back in my home state State University in Logan, UT for the I am not alone in my concern over of Arizona, but these communities will Intermountain Region Digital Image the earmarks envisioned in this bill. be denied funding as long as we con- Archive and Processing Center. The Administration’s Statement of Ad- tinue to tolerate earmarking that cir- I want to alert my colleagues to what ministrative Policy goes so far as to cumvents a regular merit-review proc- I consider to be a very serious funding call out an earmark for an entity in ess. issue concerning the future of our Hampton, VA, to prepare a research For example, some of the earmarks space program. budget as ‘‘one particularly trouble- include: As Chairman of the Senate Com- some earmark,’’ stating that ‘‘[b]udget An increase of $500,000 for the paint- mittee on Commerce, Science, and development is clearly the purview of ing and coating assistance initiative Transportation, which has authorizing the executive branch and the Congress through the University of Northern jurisdiction over NASA, I am greatly and the proposed effort is redundant Iowa; concerned that we apparently have not and unnecessary.’’ An increase of $500,000 for the Kenai learned from last February’s tragic Co- I think that it is important to know River Center in Kenai, AK; lumbia Space Shuttle accident. What I how we are spending the taxpayers’ An increase of $1,000,000 for the Uni- find to be particularly remarkable is hard earned money, and have included versity of South Alabama for the Cen- that while the Appropriators were not a list of these earmarks at the end of ter for Estuarine Research; able to fully fund NASA, somehow the my statement. An increase of $250,000 for the Mid- accompanying report still earmarks I would like to take a few moments west Technology Assistance Center at $81.6 million worth of pork and to discuss the International Space Sta- the University of Illinois; unrequested items in NASA’s Science, tion (ISS). The bill provides $200 mil- An increase of $400,00 for the County Aeronautics and Exploration Account. lion less than the President’s request of Hawaii and the Hawaii Island Eco- Clearly, now more than ever, we should at a time when a number of serious nomic Development Board for commu- be doing everything in our power to en- safety concerns have been raised about nity-based waste recycling and reuse sure we aren’t short-changing NASA the Space Station. system; safety needs. For example, William F. Readdy, the An increase of $425,000 for South- The Columbia Accident Investigation NASA Associate Administrator at the eastern Louisiana University for the Board (CAIB), which was assigned to Office of Space Flight, testified before Turtle Cove research station; determine the cause of that accident the Commerce Committee that the $1 million for the Solid Waste Au- and to prevent future accidents, de- Space Station onboard environmental thority of Palm Beach County, FL for scribes NASA as, ‘‘An Agency Trying monitoring system which, ‘‘provides continued construction of the Tri- To Do Too Much With Too Little.’’ The very high accuracy information on at- County Biosolids Pelletization Facil- CAIB report, released in August, de- mospheric composition and presence of ity; scribes NASA’s budget situation as fol- trace elements . . . is not operating at $600,000 for the City of Jackson, TN lows: full capacity.’’ He also testified that for the Sandy Creek Sanitary Sewer Between 1993 and 2002, the government’s the crew health countermeasures, Overflow Project; discretionary spending grew in purchasing which include an onboard treadmill $1 million for Washoe County, NV for power by more than 25 percent, defense and associated resistive exercise de- the North Lemmon Valley Artificial spending by 15 percent, and non-defense vices, were ‘‘operating at various de- Recharge Project; spending by 40 percent. NASA’s budget, in grees of reduced capacity and needed to $400,000 for Wright City, MO for the comparison, showed little change, going be repaired, upgraded or replaced.’’ construction of an elevated water stor- from $14.31 billion in Fiscal Year 1993 to a Recent articles in the Washington age tank; and low of $13.6 billion in Fiscal Year 2000, and Post paint an even more disturbing pic- $300,000 to the City of Lancaster to increasing to $14.87 billion in Fiscal Year ture. An October 23, 2003, article de- 2002. This represented a loss of 13 percent in construct an advanced ultrafiltration purchasing power over the decade. scribes: membrane water treatment system in The problems with monitoring environ- The report also raised very serious Lancaster County, PA. mental conditions aboard the space station While these projects may be impor- concerns regarding how earmarking have festered for more than a year, some tant, why do they rank higher than has restricted NASA’s ability to fund NASA medical officials said. Space station other environmental priorities? It is its priorities: astronauts have shown such symptoms as Pressure on NASA’s budget has come not headaches, dizziness and ‘‘an inability to also important to note that none of the think clearly,’’ according to a medical offi- earmarks for the EPA were even re- only from the White House, but also from the Congress. In recent years there has been cer who asked not to be named. The onboard quested by the President’s budget. an increasing tendency for the Congress to sensors designed to provide real-time anal- For independent agencies such as the add ‘‘earmarks’’—congressional additions to ysis of the air, water and radiation levels National Aeronautics and Space Ad- the NASA budget request that reflect tar- have been broken for months, which has ministration, this bill also includes geted Members’ interests. These earmarks made it impossible to determine at any earmarks of money for locality-specific come out of already-appropriated funds, re- given time whether there is a buildup of projects such as: ducing the amounts available for the origi- trace amounts of dangerous chemical com- An increase of $2.5 million to Mar- nal tasks. pounds that could sicken astronauts, or worse. shall University in Bridgeport, WV for Have we learned nothing from the the Hubble Telescope Project; Shuttle accident and the CAIB report A November 9, 2003, Washington Post An increase of $2.5 million to the findings? I am afraid not, since this bill article reports that: University of Mississippi for the Enter- does not provide the level of funding A recent NASA study found that the risk prise for Innovative Geospatial Solu- for NASA and its programs requested of fire aboard the station has grown because the crew is stowing large quantities of sup- tions; by the President, yet continues the dis- plies, equipment and waste in front of or An increase of $3 million for the Uni- turbing trend of earmarking NASA’s near 14 portals that would be crucial for de- versity of Alaska for weather and budget in ways that have nothing to do tecting and extinguishing a fire in any of the ocean research; with fulfilling its mission and purpose. station’s various compartments. There is

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.076 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S14999 also concern that a portion of the station’s This bill would also reduce funding taken of each Shuttle while on orbit, water stores supplied by the Russians may for other NASA programs. For exam- and developing a comprehensive in- have high levels of carbon tetrachloride, a ple, it would reduce funding for the spection plan using non-destructive in- toxic contaminant. Global Climate Change Research Ini- spection technology to determine the This article further stated that: tiative by $11 million, a decrease of 47 structural integrity of all Reinforced As far back as March, internal studies percent. This reduction would signifi- Carbon-Carbon system components. warned of a host of dangers for six separate systems, including the thermal controls that cantly impact the development of the The CAIB also recommends that NASA cool the station’s computers and interiors, Advanced Polarimeter Sensor, which is prepare a detailed plan for establishing that would likely grow out of trying to run designed to measure methane, tropo- an independent Technical Engineering the station with limited supplies and a care- spheric ozone, aerosols and black car- Authority, independent safety pro- taker crew of two instead of the normal com- bon in the atmosphere. The proposed gram, and reorganized Space Shuttle plement of three. reduction would delay the purchase of Integration Office. Some of these rec- Before the recent launch of Expedi- ‘‘long-lead’’ item purchases, which ommendations will potentially be ex- tion 8, the Chief of NASA’s Habit- could potentially delay the launch date pensive to implement, and the Con- ability and Environmental Factors Of- of the satellite from 2007 to 2008. gress needs to have an estimate of fice and NASA’s Chief of Space Medi- The bill also would reduce funding their cost soon. We cannot wait until cine signed a dissent to the ‘‘flight for the Jupiter Icy Moons Orbiter the FY 2005 budget submission to find readiness certificate.’’ The dissent de- (JIMO) by $20 million. This reduction out how much Return To Flight activi- clared that ‘‘the continued degradation would disrupt and delay the formula- ties will cost if the Shuttle is expected in the environmental monitoring sys- tion of the JIMO and its associated to fly again next fall. tem, exercise countermeasures system, space nuclear power and propulsion I am also concerned about the Or- and the health maintenance system, technologies. It also would also reduce bital Space Plane program, the devel- coupled with a planned increment du- funding for the preparation of solicita- opment of which is estimated to cost ration of greater than 6 months and ex- tions for the science community and the taxpayers upwards of $15 billion. tremely limited resupply, all combine science investigations. In addition, it This amount is already close to the to increase the risk to the crew to the would reduce funding for spacecraft original estimated development costs point where initiation of [the mission] studies by three competing industry of $17.4 billion for the International is not recommended. teams, which would result in delayed, Space Station. It is amazing that the These are very serious issues that less efficient, and disrupted spacecraft escape vehicle for the station is about cannot be ignored, yet here we are, conceptual design work. Most impor- to cost as much as the Station was about to approve more than $81 million tantly, funding for the Department of for unrequested earmarks while under- originally expected to cost. We must ensure due diligence is funding more pressing needs. How will Energy reactor studies and technology taken to protect this public invest- these cuts to the President’s budget re- recapture activities would be reduced. quest affect the safety of the space sta- The reactor is the ‘‘long-lead’’ compo- ment. NASA has limited the competi- tion? Are we really willing to take any nent of JIMO, and any delay to the re- tion to two companies, yet it has not risks? actor could eventually delay the provided a sufficient explanation to the Furthermore, how do we explain to launch of the vehicle. authorizing committees of jurisdiction the public that we could not find the Finally, the bill would reduce fund- as to the merits of such a decision. I money to fully fund the International ing for NASA’s Earth Science Applica- am not convinced this will generate ei- Space Station, but were able to ear- tions by $15 million a 20 percent de- ther the cost savings or the innovation mark $81.6 million worth of pork barrel crease. This decrease would suspend or necessary to make this a successful funding in NASA’s Science, Aero- terminate projects in over 12 states program. nautics and Exploration Account? that support the integration of Earth Perhaps the more fundamental ques- Again, this is the very type of ear- observations into decision support sys- tion is whether the OSP is the right ap- marking that the CAIB report identi- tems. The reduction would also sus- proach in the first place. As the rush fied as serious cause for concern. pend NASA’s interagency commit- begins to develop this vehicle, many That this practice continues in the ments to establish best-practice solu- Members in both Houses are not sure face of legitimate safety concerns is tions for the integration of Earth how or if this project fits within the simply unacceptable given the trage- science research results into products overall plans for the future of NASA. I dies experienced just this year. When and services for food and fiber produc- share these concerns. one considers the importance of ensur- tion, coastal management, energy We do not want to make the same ing the safety of the astronauts aboard management, aviation safety, disaster mistakes that we made on the ISS. the Space Station, don’t you have to management, and air quality fore- Those mistakes cost the American tax- question the funding priority for casting. payers dearly as the development costs projects such as the ultra-long balloon It is important to note for all of of the ISS sky-rocketed by more than program at New Mexico State Univer- these projects that further delays usu- 50 percent. Even today, we still do not sity, and the Classroom of the Future ally equate to greater cost. know the final costs of the Station, be- at Wheeling Jesuit University in West I think it is important to comment cause of the delay caused by the Virginia? These and other projects are on the fact that the administration has grounding of the Space Shuttle. the types of earmarks discussed by the not provided any cost estimates for the I believe it wise to wait for the re- CAIB. space shuttle’s return to flight, even sults of the on-going inter-agency re- The Statement of Administration though NASA has issued two versions view of the nation’s space program Policy opposes this $200 million reduc- of its Return To Flight plan. It is dif- being undertaken by the administra- tion, stating that: ‘‘After diligently re- ficult to expect an appropriations bill tion before we dole out $15 billion that building reserves to place the Station to provide sufficient resources without may be inconsistent with the future on sound financial ground, this reduc- the relevant information from NASA goals of the space program. tion would deplete reserves deemed regarding the cost of these Shuttle op- We need to make the safety of the as- critical by independent cost estimates erations, and I continue to request the tronauts on the space station a top pri- and limit the program’s ability to ad- administration provide this critical in- ority. We cannot risk placing the ear- dress risks in FY 2004, including im- formation to the Congress. marks for parochial interests above the pacts from the Columbia accident.’’ In The CAIB has listed 15 recommenda- critical need to fund legitimate safety addition, I have been informed that tions that must be implemented before concerns. this reduction would place at risk ac- the Space Shuttle can return to flight. Mr. BOND. Mr. President, we are tions that NASA is taking to address These recommendations vary in tech- awaiting one more Senator who has an the Independent Management and Cost nical complexity, and include modi- amendment to be offered. We are get- Evaluation (IMCE) Task Force rec- fying the Memorandum of Agreement ting to the point where we hope we can ommendations to ensure a ‘‘credible’’ with the National Imagery and Map- go to a voice vote on final passage as ISS Program. ping Agency to ensure that images are soon as possible to expedite the work of

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.077 S18PT1 S15000 CONGRESSIONAL RECORD — SENATE November 18, 2003 the committee. I have asked our cloak- One thing, though, that our leaders members, we must develop new ceme- room to check to see if the Senator is were not able to do: Under the pressure teries and expand existing cemeteries. going to be joining us to offer his that was upon them, they believed it This process must start as soon as pos- amendment. necessary to reduce the International sible because the construction of a new Mr. REID. Mr. President, the man- Space Station funding by $200 million. cemetery takes an average of seven agers have worked this down to one I know there is a lot of pressure. I un- years. amendment being left. There was an derstand the difficulties they face. The I respectfully request that the distin- agreement this morning, and Senator House has not done that. guished chairman of the VA–HUD Sub- MCCAIN is willing to take a very short I urge our colleagues as they go to committee work to include advance time agreement. I think it is 20 min- conference—and I intend to support planning funds in conference so we utes evenly divided. This bill will be this bill—to see if we can’t get back begin constructing these new ceme- finished before the normal recess. that $200 million. We don’t know all of teries and ensure our veterans have the Ms. MIKULSKI. Mr. President, if I the challenges they will face, but we burial options they deserve. might say to the wonderful distin- know we really have to do a lot of Mr. BOND. I agree this is an impor- guished whip and my colleague from extra work on the return to space. It tant issue and I will try to address it in Missouri, at 2:30 the Senator from has drained a lot of our money. If we conference. Maryland, along with the distinguished could keep that $200 million in and Mr. GRAHAM of Florida. I would like Senator from Utah, Mr. HATCH, are re- keep this space station going, I think to thank the distinguished chairman ceiving a national award. It will occur it would maintain our progressive vi- for his efforts and I look forward to the in Statuary Hall. sion for space and continue our com- final conference report. Mr. BOND. Mr. President, I express It is really important, if the Senator mitment to explore our solar system. I my sincerest appreciation to my col- from Arizona could come next, we think it is very important. league, the Senator from Maryland, could finish this bill. It will be very I urge my colleagues to do all they without whom we could not have got- awkward to try to do the bill at 2:30. I can to see if that can be worked out. I ten them done. We were under very will be here. I will give up the recep- thank them for their leadership. tion of this award. It is really awkward I yield the floor. tight time pressures and with very lim- when we are ready to go. I respect the Mr. BOND. Mr. President, I thank my ited resources. impeccable credentials of the Senator colleague from Alabama for his com- I express my thanks to the chairman, from Arizona on national security. We ments on space exploration and the Senator STEVENS, and the ranking know what he wants to offer. We could space station. member, Senator BYRD, for making deal with this now and have him He noted the delays in the space sta- enough money available so we can re- present his arguments and our rebut- tion operations because of the unavail- store the full amount of funding for tal, and perhaps do this before the ability of the space shuttle. That is one veterans health care which was a top luncheon recess. We would like to get of the reasons we put some of those priority. This was an extremely difficult year this done before the Senate recesses for funds in other priority programs. We for us. We could not have gotten it the year. are trying to get back into space so we L done without an extremely able staff The PRESIDING OFFICER (Mr. A - can get the space shuttle. We very LARD). The Senator from Alabama. who worked, I imagine, more than 100 much appreciate that. Mr. SESSIONS. Mr. President, I hours a week and 20 hours several days. would like to speak for about 3 min- VETERANS’ CEMETERIES Thanks on the minority side to Paul utes. Mr. GRAHAM of Florida. Mr. Presi- Carliner, Alexa Sewell, Gabrielle First, I would like to express my ap- dent, would the Senator from Missouri Batkin; and, on my side, Jon Kamarck, preciation to Senator BOND and Sen- be willing to engage me in a colloquy? Cheh Kim, Allan Cutler, Jennifer ator MIKULSKI for their work on this Mr. BOND. I would be pleased to en- Storipan, and Rebecca Benn. We sin- legislation and particularly for their gage in a colloquy with my friend from cerely appreciate their good work. commitment to the National Aero- Florida. I ask my colleague for any com- nautics and Space Administration. Mr. GRAHAM of Florida. I have come ments, and then we are ready to go to This is such an important part of to the floor today to speak about an final passage. what we are as a people. We are a na- issue of great importance; the need to Ms. MIKULSKI. Mr. President, we tion of explorers. This represents a construct new national veterans ceme- have fully funded the VA including a commitment by the American people teries. $1.5 billion increase over the Presi- to explore our solar system and, as far National cemeteries are reaching ca- dent’s request for VA medical care. as possible, the universe as we know it. pacity throughout the United States as We have provided $28.5 billion for We have had a tough year. With the veterans, particularly those from medical care, a 12 percent increase over shuttle disaster and seven astronauts World War II and the Korean War, die last year’s level. with no deductibles, lost, a tremendous effort has been on- in increasing numbers. By the end of no co-pays, and no membership fees for going to deal with the problem so it 2004, only 64 of the 124 veterans na- veterans. Promises made to our vet- will not happen again as part of the re- tional cemeteries will be available for erans must be promises kept and we turn to space program. It has cost us a both casketed and cremated remains. have kept our promises to veterans in good bit of money. Recognizing the need to establish this bill. It is important to note NASA Admin- new cemeteries, Congress recently In the area of housing and commu- istrator Sean O’Keefe is doing a terrific passed the National Cemetery Expan- nity development, we continue our job. He has served as former Secretary sion Act of 2003 (H.R. 1516). This bill di- commitment to core housing programs, of the Navy, former Comptroller of the rects the Department of Veterans Af- including Community Development Department of Defense, chaired depart- fairs (VA) to construct a new national Block Grants, HOME, HOPE VI, and ments at Johns Hopkins, Syracuse, veterans cemetery in the following six Section 8. These programs provide Penn State, and has dealt with govern- cities: Jacksonville, FL; Sarasota, FL; flexible funding for local communities mental management. He is doing a Birmingham, AL; Bakersfield, CA; for a range of activities, such as new good job. That was confirmed just 2 Philadelphia, PA; and Columbia, SC. rental housing, rehabilitation of dilapi- days ago when NASA was rated the These cities were identified by VA as dated properties, and child care cen- best place to work in the Federal Gov- being the areas in the greatest need of ters. ernment. In fact, I was particularly a new cemetery. Last year, CDBG funds created or re- proud that Marshall Space Flight Cen- As cemetery service capabilities de- tained over 100,000 jobs nationwide. ter in Huntsville, AL, the part of NASA crease, veterans in areas near ceme- We also keep our commitment to the where the Saturn 5 was originally set teries that are at capacity will lose ac- environment helping local commu- up by Werner Von Braun, is rated the cess to burial options within a reason- nities protect their citizens’ health and best of the best in the entire U.S. Gov- able distance of their homes. In order their environment. ernment. A lot of good things are hap- to ensure that burial options are pro- EPA helps communities by cleaning pening despite the difficulties. vided for veterans and their family up Brownfields, improving air quality,

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.035 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15001 and fixing water and sewer systems. We Carliner, Gabrielle Batkin, Alexa Se- 122, 123; 45 Stat. 735; 76 Stat. 1198), provide $8.2 billion to the EPA, $105 well, and Jennifer Storipan; and the $29,845,127,000, to remain available until ex- million above last year, and $500 mil- staff of the distinguished Senator from pended: Provided, That not to exceed $17,056,000 lion above the President’s budget re- Missouri: Jon Karmarck, Cheh Kim, of the amount appropriated under this heading shall be reimbursed to ‘‘General operating ex- quest. Allan Cutler, and Rebecca Benn. penses’’ and ‘‘Medical care’’ for necessary ex- In water and sewer needs, commu- I also thank the floor staff of both penses in implementing those provisions author- nities all across the country are faced the majority and the minority who ized in the Omnibus Budget Reconciliation Act with aging water and sewer systems. helped us expedite the bill. No kinder of 1990, and in the Veterans’ Benefits Act of The costs of fixing and maintaining words could be said by me than to ex- 1992 (38 U.S.C. chapters 51, 53, and 55), the these aging systems continue to in- press my gratitude to Senator HARRY funding source for which is specifically provided crease. That is why Senator BOND and REID, the whip on our side, who really as the ‘‘Compensation and pensions’’ appropria- I worked together to restore the ad- also helped bring this bill to closure. tion: Provided further, That such sums as may be earned on an actual qualifying patient basis, ministration’s $500 million cut to the This is why we come to the Senate, to shall be reimbursed to ‘‘Medical facilities revolv- Clean Water State Revolving Loan try to use the taxpayers’ money in a ing fund’’ to augment the funding of individual Fund. wise way. It keeps promises made to medical facilities for nursing home care provided We have also fully funded environ- our U.S. veterans, but adds value to to pensioners as authorized. mental cops on the beat so that we our country, whether through empow- READJUSTMENT BENEFITS catch polluters who threaten public ering neighborhoods, protecting the en- For the payment of readjustment and rehabili- health and the environment. vironment, or investing in science and tation benefits to or on behalf of veterans as au- We have provided a record amount technology so we not only win the thorized by law (38 U.S.C. chapters 21, 30, 31, for Americorps, $340 million, so that Nobel Prizes but we win the markets. 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, Americorps can enroll more volunteers I yield the floor. to remain available until expended: Provided, That expenses for rehabilitation program serv- to serve in our communities. The PRESIDING OFFICER (Mr. SES- ices and assistance which the Secretary is au- In NASA, we provided the full SIONS). The Senator from Missouri. thorized to provide under section 3104(a) of title amount for the Space Shuttle—$3.9 bil- Mr. BOND. We are ready for final 38, United States Code, other than under sub- lion. Senator BOND and I have always passage. section (a)(1), (2), (5), and (11) of that section, made the Space Shuttle safety a pri- The amendment (No. 2150), as amend- shall be charged to this account. ority. ed, was agreed to. VETERANS INSURANCE AND INDEMNITIES The bill also funded all major pro- The PRESIDING OFFICER. The For military and naval insurance, national grams in space science, earth science, question is on engrossment of the service life insurance, servicemen’s indemnities, and aeronautics. amendment and third reading of the service-disabled veterans insurance, and vet- In order to keep our manufacturing bill. erans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487, jobs here, we increase our investment The amendment was ordered to be $29,017,000, to remain available until expended. in the National Science Foundation. engrossed and the bill to be read a VETERANS HOUSING BENEFIT PROGRAM FUND We win the Nobel Prizes, and they win third time. PROGRAM ACCOUNT the markets. That is why we provide The PRESIDING OFFICER. The bill (INCLUDING TRANSFER OF FUNDS) NSF with the largest budget in its his- having been read the third time, the For the cost of direct and guaranteed loans, tory. question is, Shall the bill pass? such sums as may be necessary to carry out the We have increased funding for edu- The bill (H.R. 2861), as amended, was program, as authorized by 38 U.S.C. chapter 37, cation to attract and train more sci- passed, as follows: as amended: Provided, That such costs, includ- entists, engineers and teachers of H.R. 2861 ing the cost of modifying such loans, shall be as science. Resolved, That the bill from the House of defined in section 502 of the Congressional Again, I joined this Subcommittee to Representatives (H.R. 2861) entitled ‘‘An Act Budget Act of 1974, as amended: Provided fur- meet the needs of our veterans, em- making appropriations for the Departments ther, That during fiscal year 2004, within the re- of Veterans Affairs and Housing and Urban sources available, not to exceed $300,000 in gross power communities, and create new obligations for direct loans are authorized for jobs. This bill has accomplished all Development, and for sundry independent agencies, boards, commissions, corporations, specially adapted housing loans. three goals. In addition, for administrative expenses to and offices for the fiscal year ending Sep- I support this bill, and I urge my col- carry out the direct and guaranteed loan pro- tember 30, 2004, and for other purposes.’’, do grams, $154,850,000, which may be transferred to leagues to support it. pass with the following amendment: and merged with the appropriation for ‘‘General Mr. President, I thank Senator BOND Strike out all after the enacting clause and operating expenses’’. for the wonderful job he has done on insert: EDUCATION LOAN FUND PROGRAM ACCOUNT this bill on the part of representing the That the following sums are appropriated, out Democratic side. I thank him for all of any money in the Treasury not otherwise ap- (INCLUDING TRANSFER OF FUNDS) the courtesies and collegiality. Most of propriated, for the Departments of Veteran Af- For the cost of direct loans, $1,000, as author- all, I thank him for really not playing fairs and Housing and Urban Development, and ized by 38 U.S.C. 3698, as amended: Provided, for sundry independent agencies, boards, com- That such costs, including the cost of modifying politics with veterans health care, as I such loans, shall be as defined in section 502 of did not. As we approached this bill, missions, corporations, and offices for the fiscal year ending September 30, 2004, and for other the Congressional Budget Act of 1974, as amend- when it came to looking out for vet- purposes, namely: ed: Provided further, That these funds are erans health care, we weren’t the Re- available to subsidize gross obligations for the TITLE I—DEPARTMENT OF VETERANS principal amount of direct loans not to exceed publican Party; we weren’t the Demo- AFFAIRS cratic Party; we were the red, white, $3,400. VETERANS BENEFITS ADMINISTRATION and blue party. Therefore, we could In addition, for administrative expenses nec- essary to carry out the direct loan program, raise the funding for veterans medical COMPENSATION AND PENSIONS (INCLUDING TRANSFER OF FUNDS) $70,000, which may be transferred to and merged care by 12 percent with no deductibles, with the appropriation for ‘‘General operating with no new deductibles, no new copay- For the payment of compensation benefits to or on behalf of veterans and a pilot program for expenses’’. ments, and no membership fees. That disability examinations as authorized by law (38 VOCATIONAL REHABILITATION LOANS PROGRAM was due in large part to our mutual ad- U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and ACCOUNT vocacy and the wonderful cooperation 61); pension benefits to or on behalf of veterans (INCLUDING TRANSFER OF FUNDS) of Senator STEVENS and Senator BYRD. as authorized by law (38 U.S.C. chapters 15, 51, For the cost of direct loans, $52,000, as au- I joined this subcommittee for two 53, 55, and 61; 92 Stat. 2508); and burial benefits, thorized by 38 U.S.C. chapter 31, as amended: reasons: To meet the day-to-day needs emergency and other officers’ retirement pay, Provided, That such costs, including the cost of of my constituents—our veterans— adjusted-service credits and certificates, pay- modifying such loans, shall be as defined in sec- housing, the environment; and the ment of premiums due on commercial life insur- tion 502 of the Congressional Budget Act of 1974, long-range investments needed for our ance policies guaranteed under the provisions of as amended: Provided further, That funds made article IV of the Soldiers’ and Sailors’ Civil Re- available under this heading are available to country in science and technology. I lief Act of 1940 (50 U.S.C. App. 540 et seq.) and subsidize gross obligations for the principal believe we have accomplished both. for other benefits as authorized by law (38 amount of direct loans not to exceed $3,938,000: I also thank the staff who enabled us U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, Provided further, That the loan level shall be to do this: On my own side, Paul 53, 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. considered an estimate and not a limitation.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.046 S18PT1 S15002 CONGRESSIONAL RECORD — SENATE November 18, 2003 In addition, for administrative expenses nec- scriptions based on requirements established by able under this heading, the Veterans Benefits essary to carry out the direct loan program, the Secretary: Provided further, That the Sec- Administration may purchase up to two pas- $300,000, which may be transferred to and retary of Veterans Affairs shall conduct by con- senger motor vehicles for use in operations of merged with the appropriation for ‘‘General op- tract a program of recovery audits for the fee that Administration in Manila, Philippines. erating expenses’’. basis and other medical services contracts with NATIONAL CEMETERY ADMINISTRATION NATIVE AMERICAN VETERAN HOUSING LOAN respect to payments for hospital care; and, not- For necessary expenses of the National Ceme- PROGRAM ACCOUNT withstanding 31 U.S.C. 3302(b), amounts col- tery Administration for operations and mainte- (INCLUDING TRANSFER OF FUNDS) lected, by setoff or otherwise, as the result of nance, not otherwise provided for, including For administrative expenses to carry out the such audits shall be available, without fiscal uniforms or allowances therefor; cemeterial ex- direct loan program authorized by 38 U.S.C. year limitation, for the purposes for which penses as authorized by law; purchase of one chapter 37, subchapter V, as amended, $571,000, funds are appropriated under this heading and passenger motor vehicle for use in cemeterial op- which may be transferred to and merged with the purposes of paying a contractor a percent of erations; and hire of passenger motor vehicles, the appropriation for ‘‘General operating ex- the amount collected as a result of an audit car- $144,203,000: Provided, That of the funds made penses’’. ried out by the contractor: Provided further, available under this heading, not to exceed That all amounts so collected under the pre- $7,200,000 shall be available until September 30, GUARANTEED TRANSITIONAL HOUSING LOANS FOR ceding proviso with respect to a designated 2005. HOMELESS VETERANS PROGRAM ACCOUNT health care region (as that term is defined in 38 OFFICE OF INSPECTOR GENERAL For the administrative expenses to carry out U.S.C. 1729A(d)(2)) shall be allocated, net of For necessary expenses of the Office of In- the guaranteed transitional housing loan pro- payments to the contractor, to that region: Pro- spector General in carrying out the provisions of gram authorized by 38 U.S.C. chapter 37, sub- vided further, That such sums as may be depos- the Inspector General Act of 1978, as amended, chapter VI, not to exceed $750,000 of the ited to the Medical Care Collections Fund pur- $62,250,000, to remain available until September amounts appropriated by this Act for ‘‘General suant to 38 U.S.C. 1729A may be transferred to 30, 2005. operating expenses’’ and ‘‘Medical care’’ may be this account, to remain available until expended CONSTRUCTION, MAJOR PROJECTS expended. for the purposes of this account: Provided fur- For constructing, altering, extending and im- VETERANS HEALTH ADMINISTRATION ther, That Medical Care Collections Funds may proving any of the facilities under the jurisdic- MEDICAL CARE be used for construction, alteration and im- tion or for the use of the Department of Vet- (INCLUDING TRANSFER OF FUNDS) provement of any parking facility set forth in 38 erans Affairs, or for any of the purposes set For necessary expenses for the maintenance U.S.C. 8109: Provided further, That of the unob- forth in sections 316, 2404, 2406, 8102, 8103, 8106, and operation of hospitals, nursing homes, and ligated balances remaining from prior year re- 8108, 8109, 8110, and 8122 of title 38, United domiciliary facilities; for furnishing, as author- coveries under this heading, $270,000,000 is re- States Code, including planning, architectural ized by law, inpatient and outpatient care and scinded. and engineering services, maintenance or guar- treatment to beneficiaries of the Department of For an additional amount for ‘‘Medical care’’, antee period services costs associated with Veterans Affairs, including care and treatment $1,300,000,000. equipment guarantees provided under the project, services of claims analysts, offsite utility in facilities not under the jurisdiction of the de- MEDICAL AND PROSTHETIC RESEARCH and storm drainage system construction costs, partment; and furnishing recreational facilities, For necessary expenses in carrying out pro- and site acquisition, where the estimated cost of supplies, and equipment; funeral, burial, and grams of medical and prosthetic research and a project is more than the amount set forth in 38 other expenses incidental thereto for bene- development as authorized by 38 U.S.C. chapter U.S.C. 8104(a)(3)(A) or where funds for a project ficiaries receiving care in the department; ad- 73, to remain available until September 30, 2005, were made available in a previous major project ministrative expenses in support of planning, $413,000,000 plus reimbursements. appropriation, $272,690,000, to remain available design, project management, real property ac- MEDICAL ADMINISTRATION AND MISCELLANEOUS until expended, of which $183,000,000 shall be quisition and disposition, construction and ren- OPERATING EXPENSES for Capital Asset Realignment for Enhanced ovation of any facility under the jurisdiction or For necessary expenses in the administration of the medical, hospital, nursing home, domi- Services (CARES) activities; and of which for the use of the department; oversight, engi- $10,000,000 shall be to make reimbursements as neering and architectural activities not charged ciliary, construction, supply, and research ac- tivities, as authorized by law; administrative ex- provided in 41 U.S.C. 612 for claims paid for to project cost; repairing, altering, improving or contract disputes: Provided, That except for ad- providing facilities in the several hospitals and penses in support of capital policy activities, $79,146,000: Provided further, That of the funds vance planning activities, including needs as- homes under the jurisdiction of the department, sessments which may or may not lead to capital not otherwise provided for, either by contract or made available under this heading, not to ex- ceed, $4,000,000 shall be available until Sep- investments, and other capital asset manage- by the hire of temporary employees and pur- ment related activities, such as portfolio devel- chase of materials; uniforms or allowances tember 30, 2005, plus reimbursements: Provided further, That technical and consulting services opment and management activities, and invest- therefor, as authorized by 5 U.S.C. 5901–5902; ment strategy studies funded through the ad- aid to State homes as authorized by 38 U.S.C. offered by the Facilities Management Field Sup- port Service, including project management and vance planning fund and the planning and de- 1741; administrative and legal expenses of the sign activities funded through the design fund department for collecting and recovering real property administration (including leases, site acquisition and disposal activities directly and CARES funds, including needs assessments amounts owed the department as authorized which may or may not lead to capital invest- under 38 U.S.C. chapter 17, and the Federal supporting projects), shall be provided to De- partment of Veterans Affairs components only ments, none of the funds appropriated under Medical Care Recovery Act, 42 U.S.C. 2651 et this heading shall be used for any project which seq., $25,488,080,000, plus reimbursements: Pro- on a reimbursable basis, and such amounts will remain available until September 30, 2004. has not been approved by the Congress in the vided, That, notwithstanding any other provi- budgetary process: Provided further, That funds sion of law, the Secretary of Veterans Affairs DEPARTMENTAL ADMINISTRATION provided in this appropriation for fiscal year shall establish a priority for treatment for vet- GENERAL OPERATING EXPENSES 2004, for each approved project (except those for erans who are service-connected disabled, lower For necessary operating expenses of the De- CARES activities referenced above) shall be obli- income, or have special needs: Provided further, partment of Veterans Affairs, not otherwise pro- gated: (1) by the awarding of a construction That, notwithstanding any other provision of vided for, including administrative expenses in documents contract by September 30, 2004; and law, the Secretary of Veterans Affairs shall give support of department-wide capital planning, (2) by the awarding of a construction contract priority funding for the provision of basic med- management and policy activities, uniforms or by September 30, 2005: Provided further, That ical benefits to veterans in enrollment priority allowances therefor; not to exceed $25,000 for of- the Secretary of Veterans Affairs shall promptly groups 1 through 6: Provided further, That of ficial reception and representation expenses; report in writing to the Committees on Appro- the funds made available under this heading, hire of passenger motor vehicles; and reimburse- priations any approved major construction $1,100,000,000 is for equipment and land and ment of the General Services Administration for project in which obligations are not incurred structures object classifications only, which security guard services, and the Department of within the time limitations established above: amount shall not become available for obligation Defense for the cost of overseas employee mail, Provided further, That no funds from any other until August 1, 2004, and shall remain available $1,283,272,000: Provided, That expenses for serv- account except the ‘‘Parking revolving fund’’, until September 30, 2005: Provided further, That ices and assistance authorized under 38 U.S.C. may be obligated for constructing, altering, ex- of the funds made available under this heading, 3104(a)(1), (2), (5), and (11) that the Secretary tending, or improving a project which was ap- not to exceed $1,100,000,000 shall be available determines are necessary to enable entitled vet- proved in the budget process and funded in this until September 30, 2005: Provided further, That erans: (1) to the maximum extent feasible, to be- account until 1 year after substantial comple- of the funds made available under this heading, come employable and to obtain and maintain tion and beneficial occupancy by the Depart- the Secretary may transfer up to $400,000,000 to suitable employment; or (2) to achieve maximum ment of Veterans Affairs of the project or any ‘‘Construction, major projects’’ for purposes of independence in daily living, shall be charged to part thereof with respect to that part only. implementing CARES subject to a determination this account: Provided further, That the Vet- CONSTRUCTION, MINOR PROJECTS by the Secretary that such funds will improve erans Benefits Administration shall be funded For constructing, altering, extending, and im- access and quality of veteran’s health care at not less than $1,004,704,000: Provided further, proving any of the facilities under the jurisdic- needs: Provided further, That, notwithstanding That of the funds made available under this tion or for the use of the Department of Vet- any other provision of law, the Secretary of Vet- heading, not to exceed $64,000,000 shall be avail- erans Affairs, including planning and assess- erans Affairs may provide prescription drugs to able for obligation until September 30, 2005: Pro- ments of needs which may lead to capital invest- enrolled veterans with privately written pre- vided further, That from the funds made avail- ments, architectural and engineering services,

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15003

maintenance or guarantee period services costs tions accounts resulting from title X of the Com- SEC. 114. Receipts that would otherwise be associated with equipment guarantees provided petitive Equality Banking Act, Public Law 100– credited to the Veterans Extended Care Revolv- under the project, services of claims analysts, 86, except that if such obligations are from trust ing Fund, the Medical Facilities Revolving offsite utility and storm drainage system con- fund accounts they shall be payable from ‘‘Com- Fund, the Special Therapeutic and Rehabilita- struction costs, and site acquisition, or for any pensation and pensions’’. tion Fund, the Nursing Home Revolving Fund, of the purposes set forth in sections 316, 2404, SEC. 107. Notwithstanding any other provision the Veterans Health Services Improvement 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and of law, during fiscal year 2004, the Secretary of Fund, and the Parking Revolving Fund shall be 8162 of title 38, United States Code, where the Veterans Affairs shall, from the National Serv- deposited into the Medical Care Collections estimated cost of a project is equal to or less ice Life Insurance Fund (38 U.S.C. 1920), the Fund, and shall be transferred to the Medical than the amount set forth in 38 U.S.C. Veterans’ Special Life Insurance Fund (38 Care account, to remain available until ex- 8104(a)(3)(A), $252,144,000, to remain available U.S.C. 1923), and the United States Government pended, to carry out the purposes of the Medical until expended, along with unobligated balances Life Insurance Fund (38 U.S.C. 1955), reimburse Care account. of previous ‘‘Construction, minor projects’’ ap- the ‘‘General operating expenses’’ account for SEC. 115. Notwithstanding any other provision propriations which are hereby made available the cost of administration of the insurance pro- of law, at the discretion of the Secretary of Vet- for any project where the estimated cost is equal grams financed through those accounts: Pro- erans Affairs, proceeds or revenues derived from to or less than the amount set forth in 38 U.S.C. vided, That reimbursement shall be made only enhanced-use leasing activities (including dis- 8104(a)(3)(A), of which $42,000,000 shall be for from the surplus earnings accumulated in an in- posal) that are deposited into the Medical Care Capital Asset Realignment for Enhanced Serv- surance program in fiscal year 2004 that are Collections Fund may be transferred and merged ices (CARES) activities: Provided, That from available for dividends in that program after with major construction and minor construction amounts appropriated under this heading, addi- claims have been paid and actuarially deter- accounts and be used for construction (includ- tional amounts may be used for CARES activi- mined reserves have been set aside: Provided ing site acquisition and disposition), alterations ties upon notification of and approval by the further, That if the cost of administration of an and improvements of any medical facility under Committees on Appropriations: Provided fur- insurance program exceeds the amount of sur- the jurisdiction or for the use of the Department ther, That funds in this account shall be avail- plus earnings accumulated in that program, re- of Veterans Affairs. Such sums as realized are in able for: (1) repairs to any of the nonmedical fa- imbursement shall be made only to the extent of addition to the amount provided for in the cilities under the jurisdiction or for the use of such surplus earnings: Provided further, That Major and Minor Construction appropriations. the department which are necessary because of the Secretary shall determine the cost of admin- SEC. 116. Notwithstanding paragraph (2) of loss or damage caused by any natural disaster istration for fiscal year 2004 which is properly section 8163(c) of title 38, United States Code, or catastrophe; and (2) temporary measures nec- allocable to the provision of each insurance pro- the Secretary of Veterans Affairs may enter into essary to prevent or to minimize further loss by gram and to the provision of any total disability an enhanced-use lease with the Medical Univer- such causes. income insurance included in such insurance sity Hospital Authority, a public authority of GRANTS FOR CONSTRUCTION OF STATE EXTENDED program. the State of South Carolina, for approximately CARE FACILITIES SEC. 108. Notwithstanding any other provision 0.48 acres of underutilized property at the For grants to assist States to acquire or con- of law, the Department of Veterans Affairs shall Charleston Department of Veterans Affairs struct State nursing home and domiciliary fa- continue the Franchise Fund pilot program au- Medical Center, Charleston, South Carolina, at cilities and to remodel, modify or alter existing thorized to be established by section 403 of Pub- any time after 30 days after the date of the sub- hospital, nursing home and domiciliary facilities lic Law 103–356 until October 1, 2004: Provided, mittal of the notice required by paragraph (1) of in State homes, for furnishing care to veterans That the Franchise Fund, established by title I that section with respect to such property. The as authorized by 38 U.S.C. 8131–8137, of Public Law 104–204 to finance the operations Secretary is not required to submit a report on $102,100,000, to remain available until expended. of the Franchise Fund pilot program, shall con- the lease as otherwise required by paragraph (4) GRANTS FOR THE CONSTRUCTION OF STATE tinue until October 1, 2004. of that section. SEC. 109. Amounts deducted from enhanced- EC VETERANS CEMETERIES S . 117. Notwithstanding any other provision use lease proceeds to reimburse an account for For grants to aid States in establishing, ex- of law, the Secretary of Veterans Affairs shall expenses incurred by that account during a panding, or improving State veterans cemeteries make the North Chicago VA Medical Center prior fiscal year for providing enhanced-use as authorized by 38 U.S.C. 2408, $32,000,000, to available to the Navy to the maximum extent lease services, may be obligated during the fiscal remain available until expended. feasible. The Secretary shall report to the Sen- year in which the proceeds are received. ate Appropriations Committee by June 30, 2004, ADMINISTRATIVE PROVISIONS SEC. 110. Funds available in any Department regarding the progress in modifying North Chi- (INCLUDING TRANSFER OF FUNDS) of Veterans Affairs appropriation for fiscal year cago VA Medical Center’s surgical suite and SEC. 101. Any appropriation for fiscal year 2004 or funds for salaries and other administra- emergency and urgent care centers for use by 2004 for ‘‘Compensation and pensions’’, ‘‘Read- tive expenses shall also be available to reimburse veterans and Department of Defense bene- justment benefits’’, and ‘‘Veterans insurance the Office of Resolution Management and the ficiaries. Further, the Secretary shall consider and indemnities’’ may be transferred to any Office of Employment Discrimination Complaint having the new joint VA/Navy ambulatory care other of the mentioned appropriations. Adjudication for all services provided at rates center to serve both veterans and Department of SEC. 102. Appropriations available to the De- which will recover actual costs but not exceed Defense beneficiaries sited on or adjacent to the partment of Veterans Affairs for fiscal year 2004 $29,318,000 for the Office of Resolution Manage- North Chicago VA Medical Center and shall for salaries and expenses shall be available for ment and $3,059,000 for the Office of Employ- consult with the Secretary of the Navy to select services authorized by 5 U.S.C. 3109. ment and Discrimination Complaint Adjudica- the site for the center. The Secretary of Vet- SEC. 103. No appropriations in this Act for the tion: Provided, That payments may be made in erans Affairs shall report to the Senate Appro- Department of Veterans Affairs (except the ap- advance for services to be furnished based on es- priations Committee on the site selection by propriations for ‘‘Construction, major projects’’, timated costs: Provided further, That amounts June 30, 2004. ‘‘Construction, minor projects’’, and the ‘‘Park- received shall be credited to ‘‘General operating SEC. 118. (a) TREATMENT OF PIONEER HOMES ing revolving fund’’) shall be available for the expenses’’ for use by the office that provided the IN ALASKA AS STATE HOME FOR VETERANS.—The purchase of any site for or toward the construc- service. Secretary of Veterans Affairs may— tion of any new hospital or home. SEC. 111. No appropriations in this Act for the (1) treat the Pioneer Homes in the State of SEC. 104. No appropriations in this Act for the Department of Veterans Affairs shall be avail- Alaska collectively as a single State home for Department of Veterans Affairs shall be avail- able to enter into any new lease of real property veterans for purposes of section 1741 of title 38, able for hospitalization or examination of any if the estimated annual rental is more than United States Code; and persons (except beneficiaries entitled under the $300,000 unless the Secretary submits a report (2) make per diem payments to the State of laws bestowing such benefits to veterans, and which the Committees on Appropriations of the Alaska for care provided to veterans in the Pio- persons receiving such treatment under 5 U.S.C. Congress approve within 30 days following the neer Homes in accordance with the provisions of 7901–7904 or 42 U.S.C. 5141–5204), unless reim- date on which the report is received. that section. bursement of cost is made to the ‘‘Medical care’’ SEC. 112. No appropriations in this Act for the (b) TREATMENT NOTWITHSTANDING NON-VET- account at such rates as may be fixed by the Department of Veterans Affairs shall be avail- ERAN RESIDENCY.—The Secretary shall treat the Secretary of Veterans Affairs. able for hospitalization or treatment of any per- Pioneer Homes as a State home under subsection SEC. 105. Appropriations available to the De- son by reason of eligibility under section (a) notwithstanding the residency of non-vet- partment of Veterans Affairs for fiscal year 2004 1710(a)(3) of title 38, United States Code, unless erans in one or more of the Pioneer Homes. for ‘‘Compensation and pensions’’, ‘‘Readjust- that person has disclosed to the Secretary of (c) PIONEER HOMES DEFINED.—In this section, ment benefits’’, and ‘‘Veterans insurance and Veterans Affairs, in such form as the Secretary the term ‘‘Pioneer Homes’’ means the six re- indemnities’’ shall be available for payment of may require— gional homes in the State of Alaska known as prior year accrued obligations required to be re- (1) current, accurate third-party reimburse- Pioneer Homes, which are located in the fol- corded by law against the corresponding prior ment information for purposes of section 1729 of lowing: year accounts within the last quarter of fiscal such title; and (1) Anchorage, Alaska. year 2003. (2) annual income information for purposes of (2) Fairbanks, Alaska. SEC. 106. Appropriations accounts available to section 1722 of such title. (3) Juneau, Alaska. the Department of Veterans Affairs for fiscal SEC. 113. None of the funds in this Act may be (4) Ketchikan, Alaska. year 2004 shall be available to pay prior year ob- used to implement sections 2 and 5 of Public (5) Palmer, Alaska. ligations of corresponding prior year appropria- Law 107–287. (6) Sitka, Alaska.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 S15004 CONGRESSIONAL RECORD — SENATE November 18, 2003

SEC. 119. (a) FINDINGS ON ACCESS TO PRIMARY or any other policy prohibiting the Directors of ized level) including turnover and reissuance of HEALTH CARE OF VETERANS IN RURAL AREAS.— the Veterans Integrated Service Networks authorized vouchers, and for contract amend- The Senate makes the following findings: (VISNs) from conducting outreach or marketing ments resulting from a significant increase in (1) The Secretary of Veterans Affairs has ap- to enroll new veterans within their Networks. per-unit costs, or otherwise provide funds so pointed a commission, called the Capital Asset TITLE II—DEPARTMENT OF HOUSING AND that public housing agencies may lease units up Realignment for Enhanced Services (CARES) URBAN DEVELOPMENT to their authorized unit level: Provided further, Commission, and directed it to make specific rec- PUBLIC AND INDIAN HOUSING That the Secretary may use up to $36,000,000 in ommendations regarding the realignment and such funds for incremental vouchers under sec- HOUSING CERTIFICATE FUND allocation of capital assets necessary to meet the tion 8 of the Act to be used for non-elderly dis- demand for veterans health care services over (INCLUDING TRANSFER AND RESCISSION OF FUNDS) abled families affected by the designation of a the next 20 years. For activities and assistance under the United public housing development under section 7 of (2) The Department of Veterans Affairs acces- States Housing Act of 1937, as amended (42 the Act, the establishment of preferences in ac- sibility standard for primary health care pro- U.S.C. 1437 et seq.) (‘‘the Act’’ herein), not oth- cordance with section 651 of the Housing and vides that at least 70 percent of the veterans en- erwise provided for, $18,433,606,000, and Community Development Act of 1992 (42 U.S.C. rolled in each of the regional ‘‘markets’’ of the amounts that are recaptured in this account, to 13611), or the restriction of occupancy to elderly remain available until expended: Provided, That Department should live within a specified driv- families in accordance with section 658 of such of the amounts made available under this head- ing time of a Department primary care facility. Act (42 U.S.C. 13618): Provided further, That the ing, $14,233,606,379 and the aforementioned re- That driving time is 30 minutes for veterans liv- Secretary may only allocate the incremental captures shall be available on October 1, 2003 ing in urban and rural areas and 60 minutes for vouchers under the previous proviso upon a de- and $4,200,000,000 shall be available on October veterans living in highly rural areas. termination that there are adequate funds 1, 2004: Provided further, That amounts made (3) The Draft National CARES Plan issued by under this heading to fund all voucher needs in available under this heading are provided as the Under Secretary for Health would place vet- this fiscal year: Provided further, That if a pub- follows: erans in 18 rural and highly rural regional mar- lic housing agency, at any point in time during kets outside the Department accessibility stand- (1) $16,202,616,000 for expiring or terminating section 8 project-based subsidy contracts (in- their fiscal year, has obligated the amounts ard for primary health care until at least fiscal made available to such agency pursuant to year 2022, which means that thousands of vet- cluding section 8 moderate rehabilitation con- tracts), for amendments to section 8 project- paragraph (1) under this heading for the re- erans will have to continuing traveling up to 3– newal of expiring section 8 tenant-based annual 4 hours each way to visit a Department primary based subsidy contracts, for contracts entered into pursuant to section 441 of the McKinney- contributions contracts, and if such agency has care facility. expended 50 percent of the amounts available to (4) The 18 rural and highly rural markets that Vento Homeless Assistance Act, for the 1-year renewal of section 8 contracts for units in such agency in its annual contributions con- will remain outside the Department accessibility tract reserve account, the Secretary shall make standard for primary health care comprise all or projects that are subject to approved plans of action under the Emergency Low Income Hous- available such amounts as are necessary from parts of Arkansas, Idaho, Illinois, Indiana, amounts available from such central fund to Iowa, Kansas, Kentucky, Louisiana, Maine, ing Preservation Act of 1987 or the Low-Income Housing Preservation and Resident Homeowner- fund amendments under the preceding proviso Minnesota, Mississippi, Missouri, Montana, Ne- within 30 days of a request from such agency: braska, North Carolina, North Dakota, Ohio, ship Act of 1990, and for renewals of expiring section 8 tenant-based annual contributions Provided further, That none of the funds made Oklahoma, Oregon, South Dakota, Tennessee, available in this paragraph may be used to sup- Texas, Virginia, Washington, and West Vir- contracts (including amendments and renewals of enhanced vouchers under any provision of port a total number of unit months under lease ginia. which exceeds a public housing agency’s au- (5) Health care facilities for veterans are dis- law authorizing such assistance under section 8(t) of the Act (42 U.S.C. 1437f(t))): Provided, thorized level of units under contract: Provided proportionately needed in rural and highly further, That the Secretary shall provide quar- rural areas because the residents of such areas That notwithstanding any other provision of law, the Secretary shall renew expiring section terly reports to the Committees on Appropria- are generally older, poorer, and sicker than tions of the House and the Senate on the obliga- their urban counterparts. 8 tenant-based annual contributions contracts for each public housing agency (including for tion of funds provided in this paragraph; (b) SENSE OF SENATE.—It is the sense of the (3) $252,203,000 for section 8 rental assistance agencies participating in the Moving to Work Senate that— for relocation and replacement of housing units demonstration, unit months representing section (1) the CARES Commission should give as that are demolished or disposed of pursuant to 8 tenant-based assistance funds committed by much attention to solving the special needs of the Omnibus Consolidated Rescissions and Ap- the public housing agency for specific purposes, veterans who live in rural areas as it does to propriations Act of 1996 (Public Law 104–134), other than reserves, that are authorized pursu- providing for the health care needs of veterans conversion of section 23 projects to assistance ant to any agreement and conditions entered living in more highly populated areas; under section 8, the family unification program into under such demonstration, and utilized in (2) the CARES Commission should reject the under section 8(x) of the Act, relocation of wit- compliance with any applicable program obliga- portions of the Draft National CARES Plan that nesses in connection with efforts to combat tion deadlines) based on the total number of would prevent any regional market of the De- crime in public and assisted housing pursuant unit months which were under lease as reported partment from complying with the Department to a request from a law enforcement or prosecu- on the most recent end-of-year financial state- accessibility standard for primary health care, tion agency, enhanced vouchers under any pro- ment submitted by the public housing agency to which provides that at least 70 percent of the vision of law authorizing such assistance under the Department, adjusted by such additional in- veterans residing in each market be within spec- section 8(t) of the Act (42 U.S.C.1437f(t)), and formation submitted by the public housing agen- ified driving times of a Department primary care tenant protection assistance, including replace- cy to the Secretary which the Secretary deter- facility; and ment and relocation assistance; (3) the CARES Commission should recommend mines to be timely and reliable regarding the (4) $72,000,000 for family self-sufficiency coor- to the Secretary the investments and initiatives total number of unit months under lease at the dinators under section 23 of the Act; that are necessary to achieve the Department time of renewal of the annual contributions con- (5) not to exceed $1,339,448,400 for administra- accessibility standard for primary health care in tract, and by applying an inflation factor based tive and other expenses of public housing agen- each of the rural and highly rural health care on local or regional factors to the actual per cies in administering the section 8 tenant-based markets of the Department. unit cost as reported: Provided further, That rental assistance program: Provided, That the SEC. 120. Not later than 120 days after the funds may be made available in this paragraph fee otherwise authorized under section 8(q) of date of the enactment of this Act, the Secretary to support a total number of unit months under the Act shall be determined in accordance with of Veterans Affairs shall enter into an agree- lease that exceeds a public housing agency’s au- section 8(q), as in effect immediately before the ment with the Institute of Medicine of the Na- thorized level of units under lease to the extent enactment of the Quality Housing and Work Re- tional Academy of Sciences under which agree- that the use of these funds is part of a strategy sponsibility Act of 1998; ment the Institute of Medicine shall develop and for a public housing agency to attain its author- (6) $100,000,000 for contract administrators for evaluate epidemiological studies on Vietnam vet- ized level of units under contract: Provided fur- section 8 project-based assistance; erans in accordance with the recommendations ther, That when a public housing agency is over (7) not less than $3,010,000 shall be transferred of the 2003 National Academy of Sciences report its authorized contract level, that public hous- to the Working Capital Fund for the develop- entitled ‘‘Characterizing Exposure of Veterans ing agency may not issue another voucher (in- ment of and modifications to information tech- to Agent Orange and Other Herbicides Used in cluding turnover vouchers) until that public nology systems which serve activities under Vietnam: Interim Findings and Recommenda- housing agency is at or below its authorized ‘‘Public and Indian Housing’’; and tions’’. contract level for vouchers. (8) up to $3,000,000 for an outside audit by a SEC. 121. No funds appropriated or otherwise (2) $461,329,000 for a central fund to be allo- major accounting firm to assess the current sta- made available for the Department of Veterans cated by the Secretary for the support of section tus of all funds within this account, including Affairs by this Act or any other Act may be obli- 8 subsidy contracts or amendments to such con- the amounts of obligated and unobligated funds gated or expended to implement the policy con- tracts, and for such other purposes as are set for all programs funded under this heading for tained in the memorandum of the Department of forth in this paragraph: Provided, That subject fiscal year 2004 as well as the availability of Veterans Affairs dated July 18, 2002, from the to the following proviso, the Secretary shall use funds currently appropriated under this head- Deputy Under Secretary for Health for Oper- amounts in such fund, as necessary, for con- ing for fiscal years 2005 and thereafter. ations and Management with the subject ‘‘Sta- tract amendments to maintain the total number The Secretary may transfer up to 15 percent of tus of VHA Enrollment and Associated Issues’’ of unit months under lease (up to the author- funds provided under paragraphs (1), (2), (3) or

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15005 (5), herein to paragraphs (1), (2), (3) or (5), if rying out activities under section 9(h) of such $195,115,000, to remain available until expended: the Secretary determines that such action is Act, of which up to $13,000,000 shall be for the Provided, That the Secretary may recapture necessary because the funding provided under provision of remediation services to public hous- funds from grants previously awarded under one such paragraph otherwise would be de- ing agencies identified as ‘‘troubled’’ under the this heading in fiscal year 1997 and prior fiscal pleted and as a result, the maximum utilization Section 8 Management Assessment Program and years for use in making grants in fiscal year of section 8 tenant-based assistance with the for surveys used to calculate local Fair Market 2004 as authorized under section 24 of such Act: funds appropriated for this purpose by this Act Rents and assess housing conditions in connec- Provided further, That the Secretary may only would not be feasible: Provided, That prior to tion with rental assistance under section 8 of recapture grants under the previous proviso undertaking the transfer of funds in excess of 10 the Act: Provided further, That of the total where the Secretary determines that a project is percent from any paragraph pursuant to the amount provided under this heading, up to less than 90 percent complete and that the previous proviso, the Secretary shall notify the $500,000 shall be for lease adjustments to section project is unlikely to be completed successfully Chairman and Ranking Member of the Sub- 23 projects, and no less than $10,610,000 shall be within the next 2 fiscal years: Provided further, committees on Veterans Affairs and Housing transferred to the Working Capital Fund for the That the Secretary shall not recapture funds and Urban Development, and Independent development of and modifications to information from any HOPE VI project that has unobligated Agencies of the Committees on Appropriations of technology systems which serve programs or ac- funds due to litigation or a court ordered con- the House of Representatives and the Senate tivities under ‘‘Public and Indian housing’’: sent decree: Provided further, That the Sec- and shall not transfer any such funds until 30 Provided further, That no funds may be used retary shall establish an alternative housing days after such notification: Provided further, under this heading for the purposes specified in plan to meet tenant needs where the Secretary is That, hereafter, the Secretary shall require pub- section 9(k) of the United States Housing Act of recapturing HOPE VI funds from a public hous- lic housing agencies to submit accounting data 1937, as amended: Provided further, That of the ing agency with a failed HOPE VI project and for funds disbursed under this heading in this total amount provided under this heading, up to the Secretary may recapture only the amount of Act and prior Acts by source and purpose of $40,000,000 shall be available for the Secretary of funds which are not necessary to meet the re- such funds: Provided further, That incremental Housing and Urban Development to make quirements of the alternative housing plan: Pro- vouchers previously made available under this grants to public housing agencies for emergency vided further, That the Secretary shall report to heading for non-elderly disabled families shall, capital needs resulting from emergencies and the Congress by December 15, 2003 on the status to the extent practicable, continue to be pro- natural disasters in fiscal year 2003: Provided of all HOPE VI projects that are unlikely to be vided to non-elderly disabled families upon further, That of the total amount provided completed according to program requirements: turnover: Provided further, That $1,372,000,000 under this heading, $15,000,000 shall be for Provided further, That the Secretary shall re- is rescinded from unobligated balances remain- Neighborhood Networks grants for activities au- port to the Congress on any decision to recap- ing from funds appropriated to the Department thorized in section 9(d)(1)(E) of the United ture funds from a HOPE VI project, including of Housing and Urban Development under this States Housing Act of 1937, as amended: Pro- the justification for the decision and the provi- heading or the heading ‘‘Annual contributions vided further, That notwithstanding any other sions of the alternative housing plan: Provided for assisted housing’’ or any other heading for provision of law, amounts made available in the further, That the Secretary may use up to fiscal year 2003 and prior years, to be effected previous proviso shall be awarded to public $3,000,000 of the funds made available under by the Secretary no later than September 30, housing agencies on a competitive basis as pro- this heading for technical assistance and con- tract expertise, to be provided directly or indi- 2004: Provided further, That any such balances vided in section 102 of the Department of Hous- rectly by grants, contracts or cooperative agree- governed by reallocation provisions under the ing and Urban Development Reform Act of 1989: ments, including training and cost of necessary statute authorizing the program for which the Provided further, That of the total amount pro- travel for participants in such training, by or to funds were originally appropriated shall be vided under this heading, $55,000,000 shall be for officials and employees of the department and of available for the rescission: Provided further, supportive services, service coordinators and public housing agencies and to residents: Pro- That any obligated balances of contract author- congregate services as authorized by section 34 vided further, That none of such funds shall be ity from fiscal year 1974 and prior that have of the Act and the Native American Housing As- used directly or indirectly by granting competi- been terminated shall be cancelled. sistance and Self-Determination Act of 1996: tive advantage in awards to settle litigation or Provided further, That of the total amount pro- PUBLIC HOUSING CAPITAL FUND pay judgments, unless expressly permitted here- (INCLUDING TRANSFER OF FUNDS) vided under this heading, up to $125,000,000 in. shall be for grants and credit subsidy to support For the Public Housing Capital Fund Program NATIVE AMERICAN HOUSING BLOCK GRANTS to carry out capital and management activities a loan guarantee and loan program for the de- velopment of public housing units in mixed in- (INCLUDING TRANSFERS OF FUNDS) for public housing agencies, as authorized For the Native American Housing Block under section 9 of the United States Housing come housing developments: Provided further, That the first proviso under this heading in the Grants program, as authorized under title I of Act of 1937, as amended (42 U.S.C. 1437g), the Native American Housing Assistance and $2,641,000,000 (the ‘‘Act’’), to remain available Departments of Veterans Affairs and Housing and Urban Development, and Independent Self-Determination Act of 1996 (NAHASDA) (25 until September 30, 2007: Provided, That of the U.S.C. 4111 et seq.), $646,600,000, to remain total amount provided under this heading, in Agencies Appropriations Act, 2003 is amended by striking ‘‘1998, 1999’’. available until expended, of which $2,200,000 addition to amounts otherwise allocated under shall be contracted through the Secretary as PUBLIC HOUSING OPERATING FUND this heading, $400,000,000 shall be allocated for technical assistance and capacity building to be such capital and management activities only For payments to public housing agencies for used by the National American Indian Housing among public housing agencies that have obli- the operation and management of public hous- Council in support of the implementation of gated all assistance for the agency for fiscal ing, as authorized by section 9(e) of the United NAHASDA; of which $4,000,000 shall be to sup- years 2001 and 2002 made available under this States Housing Act of 1937, as amended (42 port the inspection of Indian housing units, same heading in accordance with the require- U.S.C. 1437g(e)), $3,576,600,000: Provided, That contract expertise, training, and technical as- ments under paragraphs (1) and (2) of section of the total amount provided under this head- sistance in the training, oversight, and manage- 9(j) of such Act: Provided further, That not- ing, $10,000,000 shall be for programs, as deter- ment of Indian housing and tenant-based assist- withstanding any other provision of law or reg- mined appropriate by the Attorney General, ance, including up to $300,000 for related travel; ulation, during fiscal year 2004, the Secretary which assist in the investigation, prosecution, and of which no less than $2,720,000 shall be may not delegate to any Department official and prevention of violent crimes and drug of- transferred to the Working Capital Fund for de- other than the Deputy Secretary any authority fenses in public and federally-assisted low-in- velopment of and modifications to information under paragraph (2) of such section 9(j) regard- come housing, including Indian housing, which technology systems which serve programs or ac- ing the extension of the time periods under such shall be administered by the Department of Jus- tivities under ‘‘Public and Indian housing’’: section for obligation of amounts made available tice through a reimbursable agreement with the Provided, That of the amount provided under for fiscal years 1998, 1999, 2000, 2001, 2002, 2003, Department of Housing and Urban Develop- this heading, $2,000,000 shall be made available or 2004: Provided further, That with respect to ment: Provided further, That, in fiscal year 2004 for the cost of guaranteed notes and other obli- any amounts made available under the Public and all fiscal years hereafter, no amounts under gations, as authorized by title VI of NAHASDA: Housing Capital Fund for fiscal years 1999, 2000, this heading in any appropriations Act may be Provided further, That such costs, including the 2001, 2002, 2003, or 2004 that remain unobligated used for payments to public housing agencies costs of modifying such notes and other obliga- in violation of paragraph (1) of such section 9(j) for the costs of operation and management of tions, shall be as defined in section 502 of the or unexpended in violation of paragraph (5)(A) public housing for any year prior to the current Congressional Budget Act of 1974, as amended: of such section 9(j), the Secretary shall recap- year of such Act: Provided further, That no Provided further, That these funds are available ture any such amounts and reallocate such funds may be used under this heading for the to subsidize the total principal amount of any amounts among public housing agencies deter- purposes specified in section 9(k) of the United notes and other obligations, any part of which mined under 6(j) of the Act to be high-per- States Housing Act of 1937, as amended. is to be guaranteed, not to exceed $16,658,000: forming: Provided further, That for purposes of REVITALIZATION OF SEVERELY DISTRESSED PUBLIC Provided further, That for administrative ex- this heading, the term ‘‘obligate’’ means, with HOUSING (HOPE VI) penses to carry out the guaranteed loan pro- respect to amounts, that the amounts are subject For grants to public housing agencies for dem- gram, up to $150,000 from amounts in the first to a binding agreement that will result in out- olition, site revitalization, replacement housing, proviso, which shall be transferred to and lays immediately or in the future: Provided fur- and tenant-based assistance grants to projects merged with the appropriation for ‘‘Salaries and ther, That of the total amount provided under as authorized by section 24 of the United States expenses’’, to be used only for the administra- this heading, up to $50,000,000 shall be for car- Housing Act of 1937, as amended (‘‘such Act’’), tive costs of these guarantees.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 S15006 CONGRESSIONAL RECORD — SENATE November 18, 2003

INDIAN HOUSING LOAN GUARANTEE FUND amount provided, $4,545,700,000 is for carrying The referenced statement of the managers PROGRAM ACCOUNT out the community development block grant pro- under this heading in title II of Division K of (INCLUDING TRANSFER OF FUNDS) gram under title I of the Housing and Commu- the Consolidated Appropriations Resolution, For the cost of guaranteed loans, as author- nity Development Act of 1974, as amended (the 2003 (Public Law 108–7; H. Rept. 108–10) is ized by section 184 of the Housing and Commu- ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided deemed to be amended with respect to item num- nity Development Act of 1992 (12 U.S.C. 1715z– further, That not to exceed 20 percent of any ber 721 by striking ‘‘training’’ and inserting grant made with funds appropriated under this 13a), $5,300,000, to remain available until ex- ‘‘creation, small business development and qual- heading (other than a grant made available in pended: Provided, That such costs, including ity of life improvements within the State of this paragraph to the Housing Assistance Coun- the costs of modifying such loans, shall be as South Carolina’’. cil or the National American Indian Housing defined in section 502 of the Congressional The referenced statement of the managers Council, or a grant using funds under section Budget Act of 1974, as amended: Provided fur- under this heading in title II of Division K of 107(b)(3) of the Act) shall be expended for ther, That these funds are available to subsidize the Consolidated Appropriations Resolution, ‘‘Planning and Management Development’’ and total loan principal, any part of which is to be 2003 (Public Law 108–7; H. Rept. 108–10) is ‘‘Administration’’, as defined in regulations pro- guaranteed, not to exceed $197,243,000. deemed to be amended with respect to item num- mulgated by the Department: Provided further, In addition, for administrative expenses to ber 317 by striking ‘‘135,000’’ and inserting That $72,500,000 shall be for grants to Indian carry out the guaranteed loan program, up to ‘‘151,000’’. tribes notwithstanding section 106(a)(1) of such The referenced statement of the managers $250,000 from amounts in the first paragraph, Act; $3,300,000 shall be for a grant to the Hous- under this heading in title II of Division K of which shall be transferred to and merged with ing Assistance Council; $2,600,000 shall be for a the Consolidated Appropriations Resolution, the appropriation for ‘‘Salaries and expenses’’, grant to the National American Indian Housing 2003 (Public Law 108–7; H. Rept. 108–10) is to be used only for the administrative costs of Council; $52,500,000 shall be for grants pursuant deemed to be amended with respect to item num- these guarantees. to section 107 of the Act; no less than $4,900,000 ber 324 by striking ‘‘225,000’’ and inserting NATIVE HAWAIIAN HOUSING LOAN GUARANTEE shall be transferred to the Working Capital ‘‘209,000’’. FUND PROGRAM ACCOUNT Fund for the development of and modification to COMMUNITY DEVELOPMENT LOAN GUARANTEES (INCLUDING TRANSFER OF FUNDS) information technology systems which serve pro- PROGRAM ACCOUNT grams or activities under ‘‘Community planning For the cost of guaranteed loans, as author- (INCLUDING TRANSFER OF FUNDS) ized by section 184A of the Housing and Commu- and development’’; $12,000,000 shall be for For the cost of guaranteed loans, $6,325,000, to nity Development Act of 1992 (12 U.S.C. 1715z– grants pursuant to the Self Help Homeowner- remain available until September 30, 2005, as au- 13b), $1,035,000, to remain available until ex- ship Opportunity Program; $35,500,000 shall be thorized by section 108 of the Housing and Com- pended: Provided, That such costs, including for capacity building, of which $31,500,000 shall munity Development Act of 1974, as amended: the costs of modifying such loans, shall be as be for Capacity Building for Community Devel- Provided, That such costs, including the cost of defined in section 502 of the Congressional opment and Affordable Housing for LISC and modifying such loans, shall be as defined in sec- Budget Act of 1974, as amended: Provided fur- the Enterprise Foundation for activities as au- tion 502 of the Congressional Budget Act of 1974, ther, That these funds are available to subsidize thorized by section 4 of the HUD Demonstration as amended: Provided further, That these funds total loan principal, any part of which is to be Act of 1993 (42 U.S.C. 9816 note), as in effect im- are available to subsidize total loan principal, guaranteed, not to exceed $39,712,000. mediately before June 12, 1997, with not less any part of which is to be guaranteed, not to ex- In addition, for administrative expenses to than $5,000,000 of the funding to be used in ceed $275,000,000, notwithstanding any aggre- carry out the guaranteed loan program, up to rural areas, including tribal areas, and of which gate limitation on outstanding obligations guar- $35,000 from amounts in the first paragraph, $4,000,000 shall be for capacity building activi- anteed in section 108(k) of the Housing and which shall be transferred to and merged with ties administered by Habitat for Humanity Community Development Act of 1974, as amend- the appropriation for ‘‘Salaries and expenses’’, International; $10,000,000 for the Native Hawai- ian Housing Block Grant Program, as author- ed. to be used only for the administrative costs of In addition, for administrative expenses to these guarantees. ized under the Native American Housing Assist- ance and Self-Determination Act of 1996 (25 carry out the guaranteed loan program, COMMUNITY PLANNING AND DEVELOPMENT U.S.C. 4111 et seq.), of which $400,000 shall be $1,000,000 which shall be transferred to and HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS for training and technical assistance; $60,000,000 merged with the appropriation for ‘‘Salaries and For carrying out the Housing Opportunities shall be available for YouthBuild program ac- expenses’’. for Persons with AIDS program, as authorized tivities authorized by subtitle D of title IV of the BROWNFIELDS REDEVELOPMENT by the AIDS Housing Opportunity Act (42 Cranston-Gonzalez National Affordable Housing For Economic Development Grants, as author- U.S.C. 12901 et seq.), $291,000,000, to remain Act, as amended, and such activities shall be an ized by section 108(q) of the Housing and Com- available until September 30, 2005: Provided, eligible activity with respect to any funds made munity Development Act of 1974, as amended, That the Secretary shall renew all expiring con- available under this heading: Provided, That for Brownfields redevelopment projects, tracts for permanent supportive housing that local YouthBuild programs that demonstrate an $25,000,000, to remain available until September were funded under section 854(c)(3) of such Act ability to leverage private and nonprofit fund- 30, 2005: Provided, That the Secretary of Hous- that meet all program requirements before ing shall be given a priority for YouthBuild ing and Urban Development shall make these awarding funds for new contracts and activities funding: Provided further, That no more than grants available on a competitive basis as speci- authorized under this section: Provided further, 10 percent of any grant award under the fied in section 102 of the Department of Housing That the formula funds made available under YouthBuild program may be used for adminis- and Urban Development Reform Act of 1989. this heading for fiscal year 2004 shall be award- trative costs: Provided further, That of the HOME INVESTMENT PARTNERSHIPS PROGRAM ed to eligible grantees under the same rules and amount made available for YouthBuild not less (INCLUDING TRANSFER OF FUNDS) requirements as were in effect for fiscal year than $10,000,000 is for grants to establish For the HOME investment partnerships pro- 2003: Provided further, That the Secretary may YouthBuild programs in underserved and rural gram, as authorized under title II of the Cran- use up to $3,000,000 of the funds under this areas and $2,000,000 is to be made available for ston-Gonzalez National Affordable Housing Act, heading for training, oversight, and technical a grant to YouthBuild USA for capacity build- as amended, $1,925,000,000, to remain available assistance activities. ing for community development and affordable until September 30, 2006: Provided, That of the RURAL HOUSING AND ECONOMIC DEVELOPMENT housing activities as specified in section 4 of the total amount provided in this paragraph, up to For the Office of Rural Housing and Eco- HUD Demonstration Act of 1993, as amended. $40,000,000 shall be available for housing coun- Of the amount made available under this nomic Development in the Department of Hous- seling under section 106 of the Housing and heading, $21,000,000 shall be available for neigh- ing and Urban Development, $25,000,000 to re- Urban Development Act of 1968; and no less borhood initiatives that are utilized to improve main available until expended, which amount than $1,100,000 shall be transferred to the Work- the conditions of distressed and blighted areas shall be awarded by June 1, 2004, to Indian ing Capital Fund for the development of, main- and neighborhoods, to stimulate investment, tribes, State housing finance agencies, State tenance of, and modification to information economic diversification, and community revi- community and/or economic development agen- technology systems which serve programs or ac- talization in areas with population outmigration cies, local rural nonprofits and community de- tivities under ‘‘Community planning and devel- or a stagnating or declining economic base, or to velopment corporations to support innovative opment’’. determine whether housing benefits can be inte- housing and economic development activities in In addition to the amounts made available grated more effectively with welfare reform ini- rural areas: Provided, That all grants shall be under this heading, $50,000,000, to remain avail- tiatives: Provided, That these grants shall be awarded on a competitive basis as specified in able until September 30, 2006, for assistance to provided in accordance with the terms and con- section 102 of the Department of Housing and homebuyers as authorized under title II of the ditions specified in the report accompanying Urban Development Reform Act of 1989. Cranston-Gonzalez National Affordable Housing this Act. COMMUNITY DEVELOPMENT FUND Of the amount made available under this Act, as amended: Provided, That the Secretary (INCLUDING TRANSFERS OF FUNDS) heading, $140,000,000 shall be available for shall provide such assistance in accordance with For assistance to units of State and local gov- grants for the Economic Development Initiative a formula developed through rulemaking. ernment, and to other entities, for economic and (EDI) to finance a variety of targeted economic HOMELESS ASSISTANCE GRANTS community development activities, and for other investments in accordance with the terms and (INCLUDING TRANSFER OF FUNDS) purposes, $4,950,000,000, to remain available conditions specified in the report accompanying For the emergency shelter grants program as until September 30, 2006: Provided, That of the this Act. authorized under subtitle B of title IV of the

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15007

McKinney-Vento Homeless Assistance Act, as ital advances, including amendments to capital MANUFACTURED HOUSING FEES TRUST FUND amended; the supportive housing program as advance contracts, for supportive housing for For necessary expenses as authorized by the authorized under subtitle C of title IV of such persons with disabilities, as authorized by sec- National Manufactured Housing Construction Act; the section 8 moderate rehabilitation single tion 811 of the Cranston-Gonzalez National Af- and Safety Standards Act of 1974, as amended room occupancy program as authorized under fordable Housing Act, for project rental assist- (42 U.S.C. 5401 et seq.), $13,000,000, to remain the United States Housing Act of 1937, as ance for supportive housing for persons with available until expended, to be derived from the amended, to assist homeless individuals pursu- disabilities under section 811(d)(2) of such Act, Manufactured Housing Fees Trust Fund: Pro- ant to section 441 of the McKinney-Vento Home- including amendments to contracts for such as- vided, That not to exceed the total amount ap- less Assistance Act; and the shelter plus care sistance and renewal of expiring contracts for propriated under this heading shall be available program as authorized under subtitle F of title such assistance for up to a 1-year term, and for from the general fund of the Treasury to the ex- IV of such Act, $1,325,000,000, to remain avail- supportive services associated with the housing tent necessary to incur obligations and make ex- able until September 30, 2006: Provided, That for persons with disabilities as authorized by penditures pending the receipt of collections to not less than 30 percent of funds made avail- section 811(b)(1) of such Act, and for tenant- the Fund pursuant to section 620 of such Act: able, excluding amounts provided for renewals based rental assistance contracts entered into Provided further, That the amount made avail- under the shelter plus care program, shall be pursuant to section 811 of such Act: Provided able under this heading from the general fund used for permanent housing: Provided further, further, That of the amount made available shall be reduced as such collections are received That all funds awarded for services shall be under this heading, $15,000,000 shall be avail- during fiscal year 2004 so as to result in a final matched by 25 percent in funding by each able to the Secretary of Housing and Urban De- fiscal year 2004 appropriation from the general grantee: Provided further, That the Secretary velopment only for making grants to private fund estimated at not more than $0 and fees shall renew on an annual basis expiring con- nonprofit organizations and consumer coopera- pursuant to such section 620 shall be modified as tracts or amendments to contracts funded under tives for covering costs of architectural and en- necessary to ensure such a final fiscal year 2004 the shelter plus care program if the program is gineering work, site control, and other planning appropriation. determined to be needed under the applicable relating to the development of supportive hous- FEDERAL HOUSING ADMINISTRATION continuum of care and meets appropriate pro- ing for the elderly that is eligible for assistance MUTUAL MORTGAGE INSURANCE PROGRAM gram requirements and financial standards, as under section 202 of the Housing Act of 1959 (12 ACCOUNT determined by the Secretary: Provided further, U.S.C. 1701q): Provided further, That amounts That all awards of assistance under this head- made available in the previous proviso shall be (INCLUDING TRANSFERS OF FUNDS) ing shall be required to coordinate and integrate awarded on a competitive basis as provided in During fiscal year 2004, commitments to guar- homeless programs with other mainstream section 102 of the Department of Housing and antee loans to carry out the purposes of section health, social services, and employment pro- Urban Development Reform Act of 1989: Pro- 203(b) of the National Housing Act, as amended, grams for which homeless populations may be vided further, That no less than $940,000, to be shall not exceed a loan principal of eligible, including Medicaid, State Children’s divided evenly between the appropriations for $185,000,000,000. Health Insurance Program, Temporary Assist- the section 202 and section 811 programs, shall During fiscal year 2004, obligations to make ance for Needy Families, Food Stamps, and be transferred to the Working Capital Fund for direct loans to carry out the purposes of section services funding through the Mental Health and the development of and modifications to infor- 204(g) of the National Housing Act, as amended, Substance Abuse Block Grant, Workforce In- mation technology systems which serve activities shall not exceed $50,000,000: Provided, That the vestment Act, and the Welfare-to-Work grant under ‘‘Housing programs’’ or ‘‘Federal housing foregoing amount shall be for loans to nonprofit program: Provided further, That $12,000,000 of administration’’: Provided further, That, in ad- and governmental entities in connection with the funds appropriated under this heading shall dition to amounts made available for renewal of sales of single family real properties owned by be available for the national homeless data tenant-based rental assistance contracts pursu- the Secretary and formerly insured under the analysis project and technical assistance: Pro- ant to the second proviso of this paragraph, the Mutual Mortgage Insurance Fund. vided further, That no less than $2,580,000 of the Secretary may designate up to 25 percent of the For administrative expenses necessary to funds appropriated under this heading shall be amounts earmarked under this paragraph for carry out the guaranteed and direct loan pro- transferred to the Working Capital Fund for the section 811 of such Act for tenant-based assist- gram, $359,000,000, of which not to exceed development of and modifications to information ance, as authorized under that section, includ- $355,000,000 shall be transferred to the appro- technology systems which serve activities under ing such authority as may be waived under the priation for ‘‘Salaries and expenses’’; and not to ‘‘Community planning and development’’. next proviso, which assistance is 5 years in du- exceed $4,000,000 shall be transferred to the ap- URBAN DEVELOPMENT ACTION GRANTS ration: Provided further, That the Secretary propriation for ‘‘Office of Inspector General’’. From balances of the Urban Development Ac- may waive the provisions governing the terms In addition, for administrative contract ex- tion Grant Program, as authorized by title I of and conditions of project rental assistance and penses, $85,000,000, of which no less than the Housing and Community Development Act tenant-based rental assistance for such section $20,744,000 shall be transferred to the Working of 1974, as amended, $30,000,000 are cancelled. 202 and such section 811, except that the initial Capital Fund for the development of and modi- HOUSING PROGRAMS contract term for such assistance shall not ex- fications to information technology systems HOUSING FOR SPECIAL POPULATIONS ceed 5 years in duration: Provided further, That which serve programs or activities under ‘‘Hous- ing programs’’ or ‘‘Federal housing administra- (INCLUDING TRANSFER OF FUNDS) all balances and recaptures, as of October 1, For assistance for the purchase, construction, 2003, remaining in the ‘‘Congregate housing tion’’: Provided, That to the extent guaranteed acquisition, or development of additional public services’’ account as authorized by the Housing loan commitments exceed $65,500,000,000 on or and subsidized housing units for low income and Community Development Amendments of before April 1, 2004, an additional $1,400 for ad- families not otherwise provided for, 1978, as amended, shall be transferred to and ministrative contract expenses shall be available $1,033,801,000, to remain available until Sep- merged with the amounts for those purposes for each $1,000,000 in additional guaranteed tember 30, 2007: Provided, That $783,286,000, under this heading. loan commitments (including a pro rata amount for any amount below $1,000,000), but in no case plus recaptures or cancelled commitments, shall FLEXIBLE SUBSIDY FUND shall funds made available by this proviso ex- be for capital advances, including amendments (TRANSFER OF FUNDS) to capital advance contracts, for housing for the ceed $30,000,000. From the Rental Housing Assistance Fund, all GENERAL AND SPECIAL RISK PROGRAM ACCOUNT elderly, as authorized by section 202 of the uncommitted balances of excess rental charges (INCLUDING TRANSFERS OF FUNDS) Housing Act of 1959, as amended, and for as of September 30, 2003, and any collections project rental assistance for the elderly under made during fiscal year 2004 (with the exception For the cost of guaranteed loans, as author- section 202(c)(2) of such Act, including amend- of amounts required to make refunds of excess ized by sections 238 and 519 of the National ments to contracts for such assistance and re- income remittances as authorized by Public Law Housing Act (12 U.S.C. 1715z–3 and 1735c), in- newal of expiring contracts for such assistance 106–569), shall be transferred to the Flexible cluding the cost of loan guarantee modifica- for up to a 1-year term, and for supportive serv- Subsidy Fund, as authorized by section 236(g) of tions, as that term is defined in section 502 of ices associated with the housing, of which the National Housing Act, as amended. the Congressional Budget Act of 1974, as amend- amount $50,000,000 shall be for service coordina- ed, $15,000,000, to remain available until ex- RENTAL HOUSING ASSISTANCE tors and the continuation of existing congregate pended: Provided, That these funds are avail- service grants for residents of assisted housing (RESCISSION) able to subsidize total loan principal, any part projects, of which amount up to $30,000,000 shall Up to $303,000,000 of recaptured section 236 of which is to be guaranteed, of up to be for grants under section 202b of the Housing budget authority resulting from prepayment of $25,000,000,000. Act of 1959 (12 U.S.C. 1701q–2) for conversion of mortgages subsidized under section 236 of the Gross obligations for the principal amount of eligible projects under such section to assisted National Housing Act (12 U.S.C. 1715z–1) shall direct loans, as authorized by sections 204(g), living or related use, including substantial cap- be rescinded in fiscal year 2004: Provided, That 207(l), 238, and 519(a) of the National Housing ital repair, of which amount $25,000,000 shall be the limitation otherwise applicable to the max- Act, shall not exceed $50,000,000, of which not to maintained by the Secretary as a revolving loan imum payments that may be required in any fis- exceed $30,000,000 shall be for bridge financing fund for use as gap financing to assist grantees cal year by all contracts entered into under sec- in connection with the sale of multifamily real in meeting all the initial cost requirements for tion 236 is reduced in fiscal year 2004 by not properties owned by the Secretary and formerly developing projects under section 202 of such more than $303,000,000 in uncommitted balances insured under such Act; and of which not to ex- Act: Provided further, That of the amount of authorizations of contract authority provided ceed $20,000,000 shall be for loans to nonprofit under this heading, $250,515,000 shall be for cap- for this purpose in appropriations Acts. and governmental entities in connection with

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 S15008 CONGRESSIONAL RECORD — SENATE November 18, 2003 the sale of single-family real properties owned grams may include research, studies, evalua- transferred to this Fund under this Act shall re- by the Secretary and formerly insured under tions, testing, and demonstration efforts, includ- main available until expended. such Act. ing education and outreach by units of general OFFICE OF INSPECTOR GENERAL In addition, for administrative expenses nec- local government, community-based organiza- (INCLUDING TRANSFER OF FUNDS) essary to carry out the guaranteed and direct tions and other appropriate entities concerning For necessary expenses of the Office of In- loan programs, $229,000,000, of which lead-based paint poisoning and other housing- spector General in carrying out the Inspector $209,000,000, shall be transferred to the appro- related diseases and hazards: Provided, That of General Act of 1978, as amended, $102,000,000, of priation for ‘‘Salaries and expenses’’; and of the total amount made available under this which $24,000,000 shall be provided from the var- which $20,000,000 shall be transferred to the ap- heading, $50,000,000 shall be made available on ious funds of the Federal Housing Administra- propriation for ‘‘Office of Inspector General’’. a competitive basis for areas with the highest tion: Provided, That the Inspector General shall In addition, for administrative contract ex- lead paint abatement needs, as identified by the have independent authority over all personnel penses necessary to carry out the guaranteed Secretary as having: (1) the highest number of issues within this office: Provided further, That and direct loan programs, $93,780,000, of which pre-1940 units of rental housing; and (2) a dis- no less than $300,000 shall be transferred to the no less than $16,946,000 shall be transferred to proportionately high number of documented Working Capital Fund for the development of the Working Capital Fund for the development cases of lead-poisoned children: Provided fur- and modifications to information technology of and modifications to information technology ther, That each grantee receiving funds under systems for the Office of Inspector General. the previous proviso shall target those privately systems which serve activities under ‘‘Housing CONSOLIDATED FEE FUND programs’’ or ‘‘Federal housing administra- owned units and multifamily buildings that are (RESCISSION) tion’’: Provided, That to the extent guaranteed occupied by low-income families as defined All unobligated balances remaining available loan commitments exceed $8,426,000,000 on or be- under section 3(b)(2) of the United States Hous- from fees and charges under section 7(j) of the fore April 1, 2004, an additional $1,980 for ad- ing Act of 1937: Provided further, That not less Department of Housing and Urban Development ministrative contract expenses shall be available than 90 percent of the funds made available Act on October 1, 2003 are rescinded. for each $1,000,000 in additional guaranteed under this paragraph shall be used exclusively loan commitments over $8,426,000,000 (including for abatement, inspections, risk assessments, OFFICE OF FEDERAL HOUSING ENTERPRISE a pro rata amount for any increment below temporary relocations and interim control of OVERSIGHT $1,000,000), but in no case shall funds made lead-based hazards as defined by 42 U.S.C. 4851: SALARIES AND EXPENSES available by this proviso exceed $14,400,000. Provided further, That each recipient of funds (INCLUDING TRANSFER OF FUNDS) provided under the first proviso shall make a GOVERNMENT NATIONAL MORTGAGE ASSOCIATION For carrying out the Federal Housing Enter- matching contribution in an amount not less prises Financial Safety and Soundness Act of GUARANTEES OF MORTGAGE-BACKED SECURITIES than 25 percent: Provided further, That each LOAN GUARANTEE PROGRAM ACCOUNT 1992, including not to exceed $500 for official re- applicant shall submit a detailed plan and strat- ception and representation expenses, $39,915,000, (INCLUDING TRANSFER OF FUNDS) egy that demonstrates adequate capacity that is to remain available until expended, to be de- New commitments to issue guarantees to carry acceptable to the Secretary of the Department of rived from the Federal Housing Enterprise Over- out the purposes of section 306 of the National Housing and Urban Development to carry out sight Fund: Provided, That not less than 60 per- Housing Act, as amended (12 U.S.C. 1721(g)), the proposed use of funds pursuant to a Notice cent of the total amount made available under shall not exceed $200,000,000,000, to remain of Funding Availability. this heading shall be used for licensed audit per- available until September 30, 2005. MANAGEMENT AND ADMINISTRATION sonnel and audit support: Provided further, For administrative expenses necessary to SALARIES AND EXPENSES That an additional $10,000,000 shall be made carry out the guaranteed mortgage-backed secu- (INCLUDING TRANSFER OF FUNDS) available until expended, to be derived from the rities program, $10,695,000, to be derived from Federal Housing Enterprise Oversight Fund the GNMA guarantees of mortgage-backed secu- For necessary administrative and non-admin- only upon a certification by the Secretary of the rities guaranteed loan receipt account, of which istrative expenses of the Department of Housing Treasury that these funds are necessary to meet not to exceed $10,695,000, shall be transferred to and Urban Development, not otherwise provided an emergency need: Provided further, That not the appropriation for ‘‘Salaries and expenses’’. for, including purchase of uniforms, or allow- ances therefor, as authorized by 5 U.S.C. 5901– to exceed such amounts shall be available from POLICY DEVELOPMENT AND RESEARCH 5902; hire of passenger motor vehicles; services the general fund of the Treasury to the extent RESEARCH AND TECHNOLOGY as authorized by 5 U.S.C. 3109; and not to ex- necessary to incur obligations and make expend- For contracts, grants, and necessary expenses ceed $25,000 for official reception and represen- itures pending the receipt of collections to the of programs of research and studies relating to tation expenses, $1,111,530,000, of which Fund: Provided further, That the general fund housing and urban problems, not otherwise pro- $564,000,000 shall be provided from the various amount shall be reduced as collections are re- vided for, as authorized by title V of the Hous- funds of the Federal Housing Administration, ceived during the fiscal year so as to result in a ing and Urban Development Act of 1970, as $10,695,000 shall be provided from funds of the final appropriation from the general fund esti- amended (12 U.S.C. 1701z–1 et seq.), including Government National Mortgage Association, mated at not more than $0. carrying out the functions of the Secretary $1,000,000 shall be provided from the ‘‘Commu- ADMINISTRATIVE PROVISIONS under section 1(a)(1)(i) of Reorganization Plan nity development loan guarantees program’’ ac- SEC. 201. Fifty percent of the amounts of No. 2 of 1968, $47,000,000, to remain available count, $150,000 shall be provided by transfer budget authority, or in lieu thereof 50 percent of until September 30, 2005: Provided, That of the from the ‘‘Native American housing block the cash amounts associated with such budget total amount provided under this heading, grants’’ account, $250,000 shall be provided by authority, that are recaptured from projects de- $7,500,000 shall be for the Partnership for Ad- transfer from the ‘‘Indian housing loan guar- scribed in section 1012(a) of the Stewart B. vancing Technology in Housing (PATH) Initia- antee fund program’’ account and $35,000 shall McKinney Homeless Assistance Amendments Act tive. be transferred from the ‘‘Native Hawaiian hous- of 1988 (42 U.S.C. 1437 note) shall be rescinded, FAIR HOUSING AND EQUAL OPPORTUNITY ing loan guarantee fund’’ account: Provided or in the case of cash, shall be remitted to the further, That the General Counsel of the De- FAIR HOUSING ACTIVITIES Treasury, and such amounts of budget author- partment of Housing and Urban Development For contracts, grants, and other assistance, ity or cash recaptured and not rescinded or re- shall have for fiscal year 2004 and all fiscal not otherwise provided for, as authorized by mitted to the Treasury shall be used by State years hereafter overall responsibility for all title VIII of the Civil Rights Act of 1968, as housing finance agencies or local governments issues related to appropriations law: Provided amended by the Fair Housing Amendments Act or local housing agencies with projects approved further, That the Secretary shall fill 7 out of 10 of 1988, and section 561 of the Housing and by the Secretary of Housing and Urban Devel- vacancies at the GS–14 and GS–15 levels until Community Development Act of 1987, as amend- opment for which settlement occurred after Jan- the total number of GS–14 and GS–15 positions ed, $50,000,000, to remain available until Sep- uary 1, 1992, in accordance with such section. in the Department has been reduced from the tember 30, 2005, of which $20,000,000 shall be to Notwithstanding the previous sentence, the Sec- number of GS–14 and GS–15 positions on the carry out activities pursuant to such section 561: retary may award up to 15 percent of the budget date of enactment of Public Law 106–377 by 21⁄2 Provided, That no funds made available under authority or cash recaptured and not rescinded percent: Provided further, That no funds shall this heading shall be used to lobby the executive or remitted to the Treasury to provide project be made available for the salaries (other than or legislative branches of the Federal Govern- owners with incentives to refinance their project pensions and related costs) of any employees ment in connection with a specific contract, at a lower interest rate. who had significant responsibility for allocating grant or loan. SEC. 202. None of the amounts made available funding for the overleasing of vouchers by pub- under this Act may be used during fiscal year OFFICE OF LEAD HAZARD CONTROL lic housing agencies. 2004 to investigate or prosecute under the Fair LEAD HAZARD REDUCTION WORKING CAPITAL FUND Housing Act any otherwise lawful activity en- For the Lead Hazard Reduction Program, as For additional capital for the Working Capitol gaged in by one or more persons, including the authorized by section 1011 of the Residential Fund (42 U.S.C. 3535) for the development of, filing or maintaining of a non-frivolous legal ac- Lead-Based Paint Hazard Reduction Act of modifications to, and infrastructure for Depart- tion, that is engaged in solely for the purpose of 1992, $175,000,000, to remain available until Sep- ment-wide information technology systems, and achieving or preventing action by a Government tember 30, 2005, of which $10,000,000 shall be for for the continuing operation of both Depart- official or entity, or a court of competent juris- the Healthy Homes Initiative, pursuant to sec- ment-wide and program-specific information diction. tions 501 and 502 of the Housing and Urban De- systems, $240,000,000, to remain available until SEC. 203. (a) Notwithstanding section velopment Act of 1970: Provided, That both pro- September 30, 2005: Provided, That any amounts 854(c)(1)(A) of the AIDS Housing Opportunity

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.077 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15009 Act (42 U.S.C. 12903(c)(1)(A)), from any amounts For fiscal year 2004, HUD shall transmit this in- Raleigh, North Carolina, on behalf of the Ra- made available under this title for fiscal year formation to the Committees by March 15, 2004 leigh-Durham-Chapel Hill, North Carolina Met- 2004 that are allocated under such section, the for 30 days of review. ropolitan Statistical Area. Any amounts allo- Secretary of Housing and Urban Development SEC. 209. Notwithstanding any other provision cated to Wake County shall be used to carry out shall allocate and make a grant, in the amount of law, in fiscal year 2004, in managing and dis- eligible activities under section 855 of such Act determined under subsection (b), for any State posing of any multifamily property that is (42 U.S.C. 12904) within such metropolitan sta- that— owned or held by the Secretary and is occupied tistical area. (1) received an allocation in a prior fiscal year primarily by elderly or disabled families, the SEC. 215. (a) During fiscal year 2004, in the under clause (ii) of such section; and Secretary of Housing and Urban Development provision of rental assistance under section 8(o) (2) is not otherwise eligible for an allocation shall maintain any rental assistance payments of the United States Housing Act of 1937 (42 for fiscal year 2004 under such clause (ii) be- under section 8 of the United States Housing U.S.C. 1437f(o)) in connection with a program to cause the areas in the State outside of the met- Act of 1937 that are attached to any dwelling demonstrate the economy and effectiveness of ropolitan statistical areas that qualify under units in the property. To the extent the Sec- providing such assistance for use in assisted liv- clause (i) in fiscal year 2004 do not have the retary determines that such a multifamily prop- ing facilities that is carried out in the counties number of cases of acquired immunodeficiency erty owned or held by the Secretary is not fea- of the State of Michigan specified in subsection syndrome (AIDS) required under such clause. sible for continued rental assistance payments (b) of this section, notwithstanding paragraphs (b) The amount of the allocation and grant under such section 8, the Secretary may, in con- (3) and (18)(B)(iii) of such section 8(o), a family for any State described in subsection (a) shall be sultation with the tenants of that property, con- residing in an assisted living facility in any an amount based on the cumulative number of tract for project-based rental assistance pay- such county, on behalf of which a public hous- AIDS cases in the areas of that State that are ments with an owner or owners of other existing ing agency provides assistance pursuant to sec- outside of metropolitan statistical areas that housing properties or provide other rental assist- tion 8(o)(18) of such Act, may be required, at the qualify under clause (i) of such section ance. time the family initially receives such assist- 854(c)(1)(A) in fiscal year 2004, in proportion to SEC. 210. A public housing agency or such ance, to pay rent in an amount exceeding 40 AIDS cases among cities and States that qualify other entity that administers Federal housing percent of the monthly adjusted income of the under clauses (i) and (ii) of such section and assistance in the States of Alaska, Iowa, and family by such a percentage or amount as the States deemed eligible under subsection (a). Mississippi shall not be required to include a Secretary of Housing and Urban Development SEC. 204. Except as explicitly provided in law, resident of public housing or a recipient of as- determines to be appropriate. any grant or assistance made pursuant to title sistance provided under section 8 of the United (b) The counties specified in this subsection II of this Act shall be made on a competitive States Housing Act of 1937 on the board of direc- are Oakland County, Macomb County, Wayne basis in accordance with section 102 of the De- tors or a similar governing board of such agency County, and Washtenaw County, in the State of partment of Housing and Urban Development or entity as required under section (2)(b) of such Michigan. Reform Act of 1989. Act. Each public housing agency or other entity SEC. 216. Section 683(2) of the Housing and SEC. 205. Funds of the Department of Housing that administers Federal housing assistance Community Development Act of 1992 is amend- and Urban Development subject to the Govern- under section 8 in the States of Alaska, Iowa ed— ment Corporation Control Act or section 402 of and Mississippi shall establish an advisory (1) in subparagraph (F), by striking ‘‘and’’; the Housing Act of 1950 shall be available, with- board of not less than 6 residents of public hous- (2) in subparagraph (G), by striking ‘‘sec- out regard to the limitations on administrative ing or recipients of section 8 assistance to pro- tion.’’ and inserting ‘‘section; and’’; and expenses, for legal services on a contract or fee vide advice and comment to the public housing (3) by adding the following new subparagraph basis, and for utilizing and making payment for agency or other administering entity on issues at the end: services and facilities of the Federal National related to public housing and section 8. Such ‘‘(H) housing that is assisted under section 811 Mortgage Association, Government National advisory board shall meet not less than quar- of the Cranston-Gonzalez National Affordable Mortgage Association, Federal Home Loan terly. Housing Act.’’. Mortgage Corporation, Federal Financing SEC. 211. Section 24(n) of the United States SEC. 217. Section 224 of the National Housing Bank, Federal Reserve banks or any member Housing Act of 1937 (42 U.S.C. 1437v(n)) is Act (12 U.S.C. 1735o) is amended by adding the thereof, Federal Home Loan banks, and any in- amended by striking ‘‘September 30, 2004’’ and following new sentence at the end of the first sured bank within the meaning of the Federal inserting ‘‘September 30, 2006’’. paragraph: ‘‘Notwithstanding the preceding Deposit Insurance Corporation Act, as amended SEC. 212. The Secretary of Housing and Urban sentence and the following paragraph, if an in- (12 U.S.C. 1811–1831). Development shall provide quarterly reports to surance claim is paid in cash for any mortgage SEC. 206. Unless otherwise provided for in this the House and Senate Committees on Appropria- that is insured under section 203 or 234 of this Act or through a reprogramming of funds, no tions regarding all uncommitted, unobligated, Act and is endorsed for mortgage insurance part of any appropriation for the Department of and excess funds in each program and activity after the date of enactment of this sentence, the Housing and Urban Development shall be avail- within the jurisdiction of the Department and debenture interest rate for purposes of calcu- able for any program, project or activity in ex- shall submit additional, updated budget infor- lating such a claim shall be the monthly average cess of amounts set forth in the budget estimates mation to these committees upon request. yield, for the month in which the default on the submitted to Congress. SEC. 213. The Secretary of Housing and Urban mortgage occurred, on United States Treasury SEC. 207. Corporations and agencies of the De- Development shall submit an annual report no Securities adjusted to a constant maturity of ten partment of Housing and Urban Development later than August 30, 2004 and annually there- years.’’. which are subject to the Government Corpora- after to the House and Senate Committees on SEC. 218. The McKinney-Vento Homeless As- tion Control Act, as amended, are hereby au- Appropriations regarding the number of Feder- sistance Act (42 U.S.C. 11301 et seq.) is amend- thorized to make such expenditures, within the ally assisted units under lease and the per unit ed— limits of funds and borrowing authority avail- cost of these units to the Department of Housing (1) in section 101(b), by striking ‘‘Interagency able to each such corporation or agency and in and Urban Development. Council on the Homeless’’ and inserting ‘‘United accordance with law, and to make such con- SEC. 214. (a) Notwithstanding any other provi- States Interagency Council on Homelessness’’; tracts and commitments without regard to fiscal sion of law, the amount allocated for fiscal year (2) in section 102(b)(1), by striking ‘‘an Inter- year limitations as provided by section 104 of 2004 and thereafter to the City of Philadelphia, agency Council on the Homeless’’ and inserting such Act as may be necessary in carrying out Pennsylvania on behalf of the Philadelphia, ‘‘the United States Interagency Council on the programs set forth in the budget for 2004 for PA–NJ Primary Metropolitan Statistical Area Homelessness’’; such corporation or agency except as herein- (hereafter ‘‘metropolitan area’’), under section (3) in the heading for title II, by striking after provided: Provided, That collections of 854(c) of the AIDS Housing Opportunity Act (42 ‘‘INTERAGENCY COUNCIL ON THE HOME- these corporations and agencies may be used for U.S.C. 12903(c)), shall be adjusted by the Sec- LESS’’ and inserting ‘‘UNITED STATES new loan or mortgage purchase commitments retary of Housing and Urban Development by INTERAGENCY COUNCIL ON HOMELESS- only to the extent expressly provided for in this allocating to the State of New Jersey the propor- NESS’’; Act (unless such loans are in support of other tion of the metropolitan area’s amount that is (4) in sections 201, 207(1), 501(c)(2)(a), and forms of assistance provided for in this or prior based on the number of cases of AIDS reported 501(d)(3), by striking ‘‘Interagency Council on appropriations Acts), except that this proviso in the portion of the metropolitan area that is the Homeless’’ and inserting ‘‘United States shall not apply to the mortgage insurance or located in New Jersey. The State of New Jersey Interagency Council on Homelessness’’; and guaranty operations of these corporations, or shall use amounts allocated to the State under (5) in section 204(c), by inserting after ‘‘reim- where loans or mortgage purchases are nec- this subsection to carry out eligible activities bursable’’ the two places it appears the fol- essary to protect the financial interest of the under section 855 of the AIDS Housing Oppor- lowing: ‘‘or nonreimbursable’’. United States Government. tunity Act (42 U.S.C. 12904) in the portion of the SEC. 219. Title II of the National Housing Act SEC. 208. None of the funds provided in this metropolitan area that is located in New Jersey. (12 U.S.C. 1707 et seq.) is amended by adding the title for technical assistance, training, or man- (b) Notwithstanding any other provision of following new section at the end: agement improvements may be obligated or ex- law, the Secretary of Housing and Urban Devel- ‘‘PAYMENT REWARDS FOR CERTAIN SINGLE FAMILY pended unless HUD provides to the Committees opment shall allocate to Wake County, North MORTGAGES on Appropriations a description of each pro- Carolina, the amounts that otherwise would be ‘‘SEC. 257. For purposes of establishing an al- posed activity and a detailed budget estimate of allocated for fiscal year 2004 and thereafter ternative to high cost mortgages for borrowers the costs associated with each program, project under section 854(c) of the AIDS Housing Op- with credit impairments, the Secretary may in- or activity as part of the Budget Justifications. portunity Act (42 U.S.C. 12903(c)) to the City of sure under sections 203(b) and 234(c) of this title

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 S15010 CONGRESSIONAL RECORD — SENATE November 18, 2003

any mortgage that meets the requirements of ‘‘(ii) DISCLOSURES PERMITTED.—Subject to by a person legally authorized to consent on be- such sections, except as provided in the fol- clause (iii), the Secretary of Housing and Urban half of such individual) for such Secretary to lowing sentences. The Secretary may establish Development may disclose information resulting obtain, use, and disclose information with re- lower percentage of appraised value limitations from a data match pursuant to this paragraph spect to such individual in accordance with sec- than those provided in section 203(b)(2)(B). Not- only to a public housing agency, the Inspector tion 453(j)(7) of the Social Security Act (42 withstanding section 203(c)(2)(B), the Secretary General of the Department of Housing and U.S.C. 653(j)(7)). may establish and collect annual premium pay- Urban Development, and the Attorney General SEC. 221. Section 9 of the United States Hous- ments in an amount not exceeding 1.0 percent of in connection with the administration of a pro- ing Act of 1937 is amended by inserting at the the remaining insured principal balance and gram described in subparagraph (A). Informa- end the following new subsection: such payments may be reduced or eliminated in tion obtained by the Secretary of Housing and ‘‘(o) LOAN GUARANTEE DEVELOPMENT FUND- subsequent years based on mortgage payment Urban Development pursuant to this paragraph ING.— performance. All mortgages insured pursuant to shall not be made available under section 552 of ‘‘(1) In order to facilitate the financing of the this section shall be obligations of the Mutual title 5, United States Code. rehabilitation and development needs of public Mortgage Insurance Fund notwithstanding sec- ‘‘(iii) CONDITIONS ON DISCLOSURE.—Disclo- housing, the Secretary is authorized to provide tion 519 of this Act.’’. sures under this paragraph shall be— loan guarantees for public housing agencies to SEC. 220. (a) INFORMATION COMPARISONS FOR ‘‘(I) made in accordance with data security enter into loans or other financial obligations PUBLIC AND ASSISTED HOUSING PROGRAMS.— and control policies established by the Secretary with financial institutions for the purpose of fi- Section 453(j) of the Social Security Act (42 of Housing and Urban Development and ap- nancing the rehabilitation of a portion of public U.S.C. 653(j)) is amended by adding at the end proved by the Secretary; housing or the development off-site of public the following new paragraph: ‘‘(II) subject to audit in a manner satisfactory housing in mixed income developments (includ- ‘‘(7) INFORMATION COMPARISONS FOR HOUSING to the Secretary; and ing demolition costs of the public housing units ASSISTANCE PROGRAMS.— ‘‘(III) subject to the sanctions under sub- to be replaced), provided that the number of ‘‘(A) FURNISHING OF INFORMATION BY HUD.— section (l)(2). public housing units developed off-site replaces Subject to subparagraph (G), the Secretary of ‘‘(iv) ADDITIONAL DISCLOSURES.— no less than an equal number of on-site public Housing and Urban Development shall furnish ‘‘(I) DETERMINATION BY SECRETARIES.—The housing units in a project. Loans or other obli- to the Secretary, on such periodic basis as deter- Secretary of Housing and Urban Development gations entered into pursuant to this subsection mined by the Secretary of Housing and Urban and the Secretary shall determine whether to shall be in such form and denominations, have Development in consultation with the Secretary, permit disclosure of information under this such maturities, and be subject to such condi- information in the custody of the Secretary of paragraph to persons or entities described in tions as may be prescribed by regulations issued Housing and Urban Development for compari- subclause (II), based on an evaluation made by by the Secretary. son with information in the National Directory the Secretary of Housing and Urban Develop- ‘‘(2) The Secretary may prohibit a public of New Hires, in order to obtain information in ment (in consultation with and approved by the housing agency from obtaining a loan under such Directory with respect to individuals who Secretary), of the costs and benefits of disclo- this subsection only if the rehabilitation or re- are participating in any program under— sures made under clause (ii) and the adequacy placement housing proposed by a public housing ‘‘(i) the United States Housing Act of 1937 (42 of measures used to safeguard the security and agency is inconsistent with its Public Housing U.S.C. 1437 et seq.); confidentiality of information so disclosed. Agency Plan, as submitted under section 5A, or ‘‘(ii) section 202 of the Housing Act of 1959 (12 ‘‘(II) PERMITTED PERSONS OR ENTITIES.—If the the proposed terms of the guaranteed loan con- U.S.C. 1701q); Secretary of Housing and Urban Development stitutes an unacceptable financial risk to the ‘‘(iii) section 221(d)(3), 221(d)(5), or 236 of the and the Secretary determine pursuant to sub- public housing agency or for repayment of the National Housing Act (12 U.S.C. 1715l(d) and clause (I) that disclosures to additional persons loan under this subsection. 1715z–1); or entities shall be permitted, information under ‘‘(3) Notwithstanding any other provision of ‘‘(iv) section 811 of the Cranston-Gonzalez Na- this paragraph may be disclosed by the Sec- this title, funding allocated to a public housing tional Affordable Housing Act (42 U.S.C. 8013); retary of Housing and Urban Development to a agency under subsections (d)(2) and (e)(2) of or private owner, a management agent, and a con- this section for capital and operating funds is ‘‘(v) section 101 of the Housing and Urban De- tract administrator in connection with the ad- authorized for use in the payment of the prin- velopment Act of 1965 (12 U.S.C. 1701s). ministration of a program described in subpara- cipal and interest due (including such servicing, ‘‘(B) REQUIREMENT TO SEEK MINIMUM INFOR- graph (A), subject to the conditions in clause underwriting or other costs as may be specified MATION.—The Secretary of Housing and Urban (iii) and such additional conditions as agreed to in the regulations of the Secretary) on the loans Development shall seek information pursuant to by the Secretaries. or other obligations entered into pursuant to this section only to the extent necessary to ‘‘(v) RESTRICTIONS ON REDISCLOSURE.—A per- this subsection. verify the employment and income of individ- son or entity to which information is disclosed ‘‘(4) The amount of any loan or other obliga- uals described in subparagraph (A). under this subparagraph may use or disclose tion entered into under this subsection shall not ‘‘(C) DUTIES OF THE SECRETARY.— such information only as needed for verifying exceed in total the pro-rata amount of funds ‘‘(i) INFORMATION DISCLOSURE.—The Sec- the employment and income of individuals de- that would be allocated over a period not to ex- retary, in cooperation with the Secretary of scribed in subparagraph (A), subject to the con- ceed 30 years under subsections (d)(2) and (e)(2) Housing and Urban Development, shall compare ditions in clause (iii) and such additional condi- of this section on a per unit basis as a percent- information in the National Directory of New tions as agreed to by the Secretaries. age of the number of units that are designated Hires with information provided by the Sec- ‘‘(F) REIMBURSEMENT OF HHS COSTS.—The to be rehabilitated or replaced under this sub- retary of Housing and Urban Development with Secretary of Housing and Urban Development section by a public housing agency as compared respect to individuals described in subparagraph shall reimburse the Secretary, in accordance to the total number of units in the public hous- (A), and shall disclose information in such Di- with subsection (k)(3), for the costs incurred by ing development, as determined on the basis of rectory regarding such individuals to the Sec- the Secretary in furnishing the information re- funds made available under such subsections retary of Housing and Urban Development, in quested under this paragraph. (d)(2) and (e)(2) in the previous year. Any re- accordance with this paragraph, for the pur- ‘‘(G) CONSENT.—The Secretary of Housing and duction in the total amount of funds provided to poses specified in this paragraph. Urban Development shall not seek, use, or dis- a public housing agency under this section in ‘‘(ii) CONDITION ON DISCLOSURE.—The Sec- close information under this paragraph relating subsequent years shall not reduce the amount of retary shall make disclosures in accordance to an individual without the prior written con- funds to be paid under a loan entered into with clause (i) only to the extent that the Sec- sent of such individual (or of a person legally under this subsection but instead shall reduce retary determines that such disclosures do not authorized to consent on behalf of such indi- the capital and operating funds which are interfere with the effective operation of the pro- vidual).’’. available for the other housing units in the pub- gram under this part. (b) CONSENT TO INFORMATION COMPARISON lic housing development in that fiscal year. Any ‘‘(D) USE OF INFORMATION BY HUD.—The Sec- AND USE AS CONDITION OF HUD PROGRAM ELIGI- additional income, including the receipt of rent- retary of Housing and Urban Development may BILITY.—As a condition of participating in any al income from tenants, generated by the reha- use information resulting from a data match program authorized under— bilitated or replaced units may be used to estab- pursuant to this paragraph only— (1) the United States Housing Act of 1937 (42 lish a loan loss reserve for the public housing ‘‘(i) for the purpose of verifying the employ- U.S.C. 1437 et seq.); agency to assist in the repayment of loans or ment and income of individuals described in (2) section 202 of the Housing Act of 1959 (12 other obligations entered into under this sub- subparagraph (A); and U.S.C. 1701q); section or to address any shortfall in the oper- ‘‘(ii) after removal of personal identifiers, to (3) section 221(d)(3), 221(d)(5), or 236 of the ating or capital needs of the public housing conduct analyses of the employment and income National Housing Act (12 U.S.C. 1715l(d) and agency in any fiscal year. reporting of individuals described in subpara- 1715z–1); ‘‘(5) Subject to appropriations, the Secretary graph (A). (4) section 811 of the Cranston-Gonzalez Na- may use funds from the Public Housing Capital ‘‘(E) DISCLOSURE OF INFORMATION BY HUD.— tional Affordable Housing Act (42 U.S.C. 8013); Fund to— ‘‘(i) PURPOSE OF DISCLOSURE.—The Secretary or ‘‘(A) establish a loan loss reserve account of Housing and Urban Development may make a (5) section 101 of the Housing and Urban De- within the Department of Housing and Urban disclosure under this subparagraph only for the velopment Act of 1965 (12 U.S.C. 1701s), Development to minimize the risk of loss associ- purpose of verifying the employment and income the Secretary of Housing and Urban Develop- ated with the repayment of loans guaranteed of individuals described in subparagraph (A). ment may require consent by an individual (or under this subsection,

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15011

‘‘(B) make grants to a public housing agency section 203 of the Housing and Community De- DEPARTMENT OF THE TREASURY for capital investment needs or for the creation velopment Amendments of 1978 (12 U.S.C. 1701z– COMMUNITY DEVELOPMENT FINANCIAL of a loan loss reserve account to be used in con- 11(i)) to ensure that potential purchasers of the INSTITUTIONS junction with a loan made under this subsection project from the state, city, or municipality are COMMUNITY DEVELOPMENT FINANCIAL for the rehabilitation of a portion of public subject to the same standards that they would INSTITUTIONS FUND PROGRAM ACCOUNT housing or the development off-site of public otherwise be subject to if they had purchased To carry out the Community Development housing in mixed income developments (includ- the project directly from the Secretary, includ- Banking and Financial Institutions Act of 1994, ing demolition costs of the public housing units ing whether a potential purchaser is in substan- including services authorized by 5 U.S.C. 3109, to be replaced), or tial compliance with applicable state or local but at rates for individuals not to exceed the per ‘‘(C) or repay any losses associated with a government housing statutes, regulations, ordi- diem rate equivalent to the rate for ES–3, loan guarantee under this subsection. nances and codes with regard to other prop- $70,000,000, to remain available until September ‘‘(6) The Secretary may, to the extent ap- erties owned by the purchaser. proved in appropriations Acts, assist in the pay- 30, 2005, of which not less than $5,000,000 shall SEC. 225. Section 217 of Public Law 107–73 is ment of all or a portion of the principal and in- be for financial assistance, technical assistance, amended by striking ‘‘the rehabilitation’’ and terest amount due under the loan or other obli- training and outreach programs designed to inserting in lieu thereof: ‘‘redevelopment, in- gation entered into under this subsection, if the benefit Native American, Native Hawaiian, and cluding demolition and new construction’’. Secretary determines that the public housing Alaskan Native communities and provided pri- agency is unable to pay the amount it owes be- SEC. 226. NATIVE AMERICAN HOUSING. Of the marily through qualified community develop- cause of circumstances of extreme hardship be- amounts made available to carry out the Native ment lender organizations with experience and yond the control of the public housing agen- American Housing Assistance and Self-Deter- expertise in community development banking cy.’’. mination Act of 1996 (25 U.S.C. 4101 et seq.) for and lending in Indian country, Native American SEC. 222. Section 204(a) of the McKinney- fiscal year 2004, there shall be made available to organizations, tribes and tribal organizations Vento Homeless Assistance Act (42 U.S.C. each grant recipient the same percentage of and other suitable providers, and up to 11314(a)) is amended by striking in the first sen- funding as each recipient received for fiscal $12,000,000 may be used for administrative ex- tence after the word ‘‘level’’, ‘‘V’’, and inserting year 2003. penses, including administration of the New in its place ‘‘III’’. SEC. 227. RURAL TEACHER HOUSING. Section Markets Tax Credit, up to $6,000,000 may be SEC. 223. Notwithstanding any other provision 307 of the Denali Commission Act of 1998 (42 used for the cost of direct loans, and up to of law, the State of Hawaii may elect by July 31, U.S.C. 3121 note) is amended by adding at the $250,000 may be used for administrative expenses 2004 to distribute funds under section 106(d)(2) end the following: to carry out the direct loan program: Provided, of the Housing and Community Development That the cost of direct loans, including the cost ‘‘(e) RURAL TEACHER HOUSING.—The Commis- Act of 1974, to units of general local government of modifying such loans, shall be as defined in sion may make grants and loans to public school section 502 of the Congressional Budget Act of located in nonentitlement areas of that State. If districts serving remote incorporated cities and the State of Hawaii fails to make such election, 1974, as amended: Provided further, That these unincorporated communities in Alaska (includ- funds are available to subsidize gross obligations the Secretary shall for fiscal years 2005 and ing Alaska Native Villages) with a population of thereafter make grants to the units of general for the principal amount of direct loans not to 6,500 or fewer persons for expenses associated exceed $11,000,000. local government located in the State of Ha- with the construction, purchase, lease, and re- waii’s nonentitlement areas (Hawaii, Kauai, habilitation of housing units in such cities and CONSUMER PRODUCT SAFETY COMMISSION and Maui counties). The Secretary of Housing communities. Unless otherwise authorized by SALARIES AND EXPENSES and Urban Development shall allocate funds the Commission, such units may be occupied For necessary expenses of the Consumer Prod- under section 106(d) of such Act to units of gen- only by teachers, school administrators, and uct Safety Commission, including hire of pas- eral local government located in nonentitlement other school staff (including members of their senger motor vehicles, services as authorized by areas within the State of Hawaii in accordance households).’’. 5 U.S.C. 3109, but at rates for individuals not to with a formula which bears the same ratio to exceed the per diem rate equivalent to the max- SEC. 228. The Secretary of Housing and Urban the total amount available for the nonentitle- imum rate payable under 5 U.S.C. 5376, pur- Development shall conduct negotiated rule- ment areas of the State as the weighted average chase of nominal awards to recognize non-Fed- making with representatives from interested par- of the ratios between (1) the population of that eral officials’ contributions to Commission ac- ties for purposes of any changes to the formula eligible unit of general local government and the tivities, and not to exceed $500 for official recep- governing the Public Housing Operating Fund. population of all eligible units of general local tion and representation expenses, $60,000,000. government in the nonentitlement areas of the A final rule shall be issued no later than July 31, 2004. CORPORATION FOR NATIONAL AND COMMUNITY State; (2) the extent of poverty in that eligible SERVICE unit of general local government and the extent TITLE III—INDEPENDENT AGENCIES NATIONAL AND COMMUNITY SERVICE PROGRAMS of poverty in all of the eligible units of general OPERATING EXPENSES local government in the nonentitlement areas of AMERICAN BATTLE MONUMENTS COMMISSION (INCLUDING TRANSFER OF FUNDS) the State; and (3) the extent of housing over- SALARIES AND EXPENSES For necessary expenses for the Corporation crowding in that eligible unit of general local For necessary expenses, not otherwise pro- government and the extent of housing over- for National and Community Service (the ‘‘Cor- vided for, of the American Battle Monuments poration’’) in carrying out programs, activities, crowding in all of the eligible units of general Commission, including the acquisition of land or local government in the nonentitlement areas of and initiatives under the National and Commu- interest in land in foreign countries; purchases nity Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. the State. In determining the weighted average and repair of uniforms for caretakers of na- of the ratios described in the previous sentence, 12501 et seq.), $452,575,000, to remain available tional cemeteries and monuments outside of the until September 30, 2005: Provided, That not the ratio described in clause (2) shall be counted United States and its territories and possessions; twice and the ratios described in clauses (1) and more than $330,000,000 of the amount provided rent of office and garage space in foreign coun- under this heading shall be available for the (3) shall be counted once. Notwithstanding any tries; purchase (one for replacement only) and other provision, grants made under this section National Service Trust under subtitle D of title hire of passenger motor vehicles; and insurance I of the Act (42 U.S.C. 12601 et seq.) and for shall be subject to the program requirements of of official motor vehicles in foreign countries, section 104 of the Housing and Community De- grants under the National Service Trust Pro- when required by law of such countries, gram authorized under subtitle C of title I of the velopment Act of 1974 in the same manner as $35,000,000, to remain available until expended. such requirements are made applicable to grants Act (42 U.S.C. 12571 et seq.) (relating to activi- made under section 106(b) of the Housing and CHEMICAL SAFETY AND HAZARD INVESTIGATION ties of the AmeriCorps program), including Community Development Act of 1974. BOARD grants to organizations operating projects under SEC. 224. The Secretary of Housing and Urban the AmeriCorps Education Awards Program SALARIES AND EXPENSES Development shall issue a proposed rulemaking, (without regard to the requirements of sections in accordance with Title V, United States Code, For necessary expenses in carrying out activi- 121(d) and (e), section 131(e), section 132, and not later than 90 days from the date of enact- ties pursuant to section 112(r)(6) of the Clean sections 140(a), (d), and (e) of the Act): Provided ment of this Act that— Air Act, as amended, including hire of passenger further, That from the amount provided under (1) addresses and expands, as necessary, the vehicles, uniforms or allowances therefore, as the previous proviso, the Corporation may participation and certification requirements for authorized by 5 U.S.C. 5901–5902, and for serv- transfer funds as necessary, to remain available the sale of HUD-owned multifamily housing ices authorized by 5 U.S.C. 3109 but at rates for without fiscal year limitation, to the National projects and the foreclosure sale of any multi- individuals not to exceed the per diem equiva- Service Trust for educational awards authorized family housing securing a mortgage held by the lent to the maximum rate payable for senior under subtitle D of title I of the Act (42 U.S.C. Secretary, including whether a potential pur- level positions under 5 U.S.C. 5376, $8,000,000, of 12601), of which up to $5,000,000 shall be avail- chaser is in substantial compliance with appli- which $5,500,000 is to remain available until able to support national service scholarships for cable state or local government housing statutes, September 30, 2004 and $2,500,000, of which is to high school students performing community regulations, ordinances and codes with regard remain available until September 30, 2005: Pro- service: Provided further, That the Corporation to other properties owned by the purchaser; and vided further, That the Chemical Safety and shall approve and enroll AmeriCorps members (2) requires any state, city, or municipality Hazard Investigation Board shall have not more pursuant to the Strengthen AmeriCorps Program that exercises its right of first refusal for the than three career Senior Executive Service posi- Act (Public Law 108–45): Provided further, That purchase of a multifamily housing project under tions. of the amount provided under this heading for

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 S15012 CONGRESSIONAL RECORD — SENATE November 18, 2003 grants under the National Service Trust pro- VISTA volunteer under title I of the Domestic prehensive Environmental Response, Compensa- gram authorized under subtitle C of title I of the Volunteer Service Act of 1973 (42 U.S.C. 4951 et tion, and Liability Act of 1980 (CERCLA), as Act, not more than $50,000,000 may be used to seq.) the option of receiving a national service amended; section 118(f) of the Superfund administer, reimburse, or support any national educational award under subtitle D of title I of Amendments and Reauthorization Act of 1986 service program authorized under section the National and Community Service Act of 1990 (SARA), as amended; and section 3019 of the 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): (42 U.S.C. 12601 et seq.)’’ after ‘‘programs’’. Solid Waste Disposal Act, as amended, Provided further, That not more than SALARIES AND EXPENSES $73,467,000, which may be derived to the extent $14,575,000 shall be available for quality and in- For necessary expenses (including payment of funds are available from the Hazardous Sub- novation activities authorized under subtitle H salaries, authorized travel, hire of passenger stance Superfund Trust Fund pursuant to sec- of title I of the Act (42 U.S.C. 12853 et seq.), of motor vehicles, the rental of conference rooms in tion 517(a) of SARA (26 U.S.C. 9507): Provided, which $5,000,000 shall be available for challenge the District of Columbia, the employment of ex- That notwithstanding any other provision of grants to non-profit organizations: Provided perts and consultants authorized under 5 U.S.C. law, in lieu of performing a health assessment further, That notwithstanding subtitle H of title 3109, and not to exceed $2,500 for official recep- under section 104(i)(6) of CERCLA, the Adminis- I of the Act (42 U.S.C. 12853), none of the funds tion and representation expenses) involved in trator of ATSDR may conduct other appropriate provided under the previous proviso shall be carrying out the National and Community Serv- health studies, evaluations, or activities, includ- used to support salaries and related expenses ice Act of 1990 (42 U.S.C. 12501 et seq.) involved ing, without limitation, biomedical testing, clin- (including travel) attributable to Corporation in administration as provided under section ical evaluations, medical monitoring, and refer- employees: Provided further, That to the max- 501(a)(4) of the Act, $25,000,000. ral to accredited health care providers: Provided imum extent feasible, funds appropriated under OFFICE OF INSPECTOR GENERAL further, That in performing any such health as- subtitle C of title I of the Act shall be provided sessment or health study, evaluation, or activ- in a manner that is consistent with the rec- For necessary expenses of the Office of In- spector General in carrying out the Inspector ity, the Administrator of ATSDR shall not be ommendations of peer review panels in order to bound by the deadlines in section 104(i)(6)(A) of ensure that priority is given to programs that General Act of 1978, as amended, $6,500,000, to remain available until September 30, 2005. CERCLA: Provided further, That none of the demonstrate quality, innovation, replicability, funds appropriated under this heading shall be ADMINISTRATIVE PROVISIONS and sustainability: Provided further, That not available for ATSDR to issue in excess of 40 tox- more than $10,000,000 of the funds made avail- Notwithstanding any other provision of law, icological profiles pursuant to section 104(i) of able under this heading shall be made available the term ‘‘qualified student loan’’ with respect CERCLA during fiscal year 2004, and existing for the Points of Light Foundation for activities to national service education awards shall mean profiles may be updated as necessary. authorized under title III of the Act (42 U.S.C. any loan determined by an institution of higher 12661 et seq.), of which not more than $2,500,000 education to be necessary to cover a student’s ENVIRONMENTAL PROTECTION AGENCY may be used to support an endowment fund, the cost of attendance at such institution and made, SCIENCE AND TECHNOLOGY corpus of which shall remain intact and the in- insured, or guaranteed directly to a student by For science and technology, including re- terest income from which shall be used to sup- a State agency, in addition to other meanings search and development activities, which shall port activities described in title III of the Act, under section 148(b)(7) of the National and Com- include research and development activities provided that the Foundation may invest the munity Service Act. under the Comprehensive Environmental Re- corpus and income in federally insured bank Notwithstanding any other provision of law, sponse, Compensation, and Liability Act of 1980, savings accounts or comparable interest bearing funds made available under section 129(d)(5)(B) as amended; necessary expenses for personnel accounts, certificates of deposit, money market of the National and Community Service Act to and related costs and travel expenses, including funds, mutual funds, obligations of the United assist entities in placing applicants who are in- uniforms, or allowances therefor, as authorized States, and other market instruments and secu- dividuals with disabilities may be provided to by 5 U.S.C. 5901–5902; services as authorized by rities but not in real estate investments: Pro- any entity that receives a grant under section 5 U.S.C. 3109, but at rates for individuals not to vided further, That no funds shall be available 121 of the Act. exceed the per diem rate equivalent to the max- for national service programs run by Federal UNITED STATES COURT OF APPEALS FOR imum rate payable for senior level positions agencies authorized under section 121(b) of such VETERANS CLAIMS under 5 U.S.C. 5376; procurement of laboratory Act (42 U.S.C. 12571(b)): Provided further, That SALARIES AND EXPENSES equipment and supplies; other operating ex- not more than $5,000,000 of the funds made penses in support of research and development; available under this heading shall be made For necessary expenses for the operation of the United States Court of Appeals for Veterans construction, alteration, repair, rehabilitation, available to America’s Promise—The Alliance and renovation of facilities, not to exceed for Youth, Inc.: Provided further, That to the Claims as authorized by 38 U.S.C. 7251–7298, $16,220,000 of which $1,175,000 shall be available $75,000 per project, $715,579,000, which shall re- maximum extent practicable, the Corporation main available until September 30, 2005. shall increase significantly the level of matching for the purpose of providing financial assistance ENVIRONMENTAL PROGRAMS AND MANAGEMENT funds and in-kind contributions provided by the as described, and in accordance with the process private sector, and shall reduce the total Fed- and reporting procedures set forth, under this For environmental programs and manage- eral costs per participant in all programs by not heading in Public Law 102–229. ment, including necessary expenses, not other- less than 10 percent: Provided further, That the DEPARTMENT OF DEFENSE—CIVIL wise provided for, for personnel and related costs and travel expenses, including uniforms, Inspector General of the Corporation for Na- CEMETERIAL EXPENSES, ARMY tional and Community Service shall conduct or allowances therefor, as authorized by 5 SALARIES AND EXPENSES random audits of the grantees that administer U.S.C. 5901–5902; services as authorized by 5 activities under the AmeriCorps programs and For necessary expenses, as authorized by law, U.S.C. 3109, but at rates for individuals not to shall debar any grantee (or successor in interest for maintenance, operation, and improvement of exceed the per diem rate equivalent to the max- or any entity with substantially the same person Arlington National Cemetery and Soldiers’ and imum rate payable for senior level positions or persons in control) that has been determined Airmen’s Home National Cemetery, including under 5 U.S.C. 5376; hire of passenger motor ve- to have committed any substantial violations of the purchase of two passenger motor vehicles for hicles; hire, maintenance, and operation of air- the requirements of the AmeriCorps programs, replacement only, and not to exceed $1,000,000 craft; purchase of reprints; library memberships including any grantee that has been determined for official reception and representation ex- in societies or associations which issue publica- to have violated the prohibition of using Federal penses, $32,000,000, to remain available until ex- tions to members only or at a price to members funds to lobby the Congress: Provided further, pended. lower than to subscribers who are not members; That the Inspector General shall obtain reim- DEPARTMENT OF HEALTH AND HUMAN SERVICES construction, alteration, repair, rehabilitation, bursements in the amount of any misused funds NATIONAL INSTITUTES OF HEALTH and renovation of facilities, not to exceed from any grantee that has been determined to $75,000 per project; and not to exceed $9,000 for NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH official reception and representation expenses, have committed any substantial violations of the SCIENCES requirements of the AmeriCorps programs: Pro- $2,219,659,000, which shall remain available For necessary expenses for the National Insti- until September 30, 2005, including administra- vided further, That, for fiscal year 2004 and tute of Environmental Health Sciences in car- every year thereafter, the Corporation shall tive costs of the brownfields program under rying out activities set forth in section 311(a) of theSmall Business Liability Relief and make any significant changes to program re- the Comprehensive Environmental Response, quirements or policy only through public notice Brownfields Revitalization Act of 2002, of Compensation, and Liability Act of 1980, as which, in addition to any other amounts pro- and comment rulemaking: Provided further, amended, and section 126(g) of the Superfund That, for fiscal year 2004 and every year there- vided under this heading for the Office of En- Amendments and Reauthorization Act of 1986, forcement and Compliance Assurance, $5,400,000 after, during any grant selection process, no of- $78,774,000. ficer or employee of the Corporation shall know- shall be made available for that office. ingly disclose any covered grant selection infor- AGENCY FOR TOXIC SUBSTANCES AND DISEASE OFFICE OF INSPECTOR GENERAL mation regarding such selection, directly or in- REGISTRY For necessary expenses of the Office of In- directly, to any person other than an officer or TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC spector General in carrying out the provisions of employee of the Corporation that is authorized HEALTH the Inspector General Act of 1978, as amended, by the Corporation to receive such information: For necessary expenses for the Agency for and for construction, alteration, repair, reha- Provided further, That the Corporation shall Toxic Substances and Disease Registry (ATSDR) bilitation, and renovation of facilities, not to ex- offer any individual selected after October 31, in carrying out activities set forth in sections ceed $75,000 per project, $36,808,000, to remain 2002, for initial enrollment or reenrollment as a 104(i), 111(c)(4), and 111(c)(14) of the Com- available until September 30, 2005.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15013

BUILDINGS AND FACILITIES ority list shall be established which shall remain the referenced statement of the managers under For construction, repair, improvement, exten- in effect for at least three years; $3,500,000 shall this heading in Public Law 106–377 is deemed to sion, alteration, and purchase of fixed equip- be for remediation of above ground leaking fuel be amended by striking ‘‘wastewater’’ in ref- ment or facilities of, or for use by, the Environ- tanks pursuant to Public Law 106–554; erence to item number 219 and inserting mental Protection Agency, $42,918,000, to remain $130,000,000 shall be for making grants for the ‘‘water’’: Provided further, That the referenced available until expended. construction of drinking water, wastewater and statement of the managers under this heading in HAZARDOUS SUBSTANCE SUPERFUND storm water infrastructure and for water quality Public Law 108–7 is deemed to be amended by protection in accordance with the terms and striking ‘‘wastewater’’ in reference to item num- (INCLUDING TRANSFERS OF FUNDS) conditions specified for such grants in the com- ber 409 and inserting ‘‘water’’. For necessary expenses to carry out the Com- mittee report accompanying this Act, and, not- ADMINISTRATIVE PROVISIONS prehensive Environmental Response, Compensa- withstanding any other provision of law, here- tion, and Liability Act of 1980 (CERCLA), as For fiscal year 2004, notwithstanding 31 tofore and hereafter, projects awarded such U.S.C. 6303(1) and 6305(1), the Administrator of amended, including sections 111(c)(3), (c)(5), grants under this heading that also receive (c)(6), and (e)(4) (42 U.S.C. 9611), and for con- the Environmental Protection Agency, in car- loans from a State water pollution control or rying out the Agency’s function to implement struction, alteration, repair, rehabilitation, and drinking water revolving fund may be adminis- renovation of facilities, not to exceed $75,000 per directly Federal environmental programs re- tered in accordance with applicable State water quired or authorized by law in the absence of an project; $1,265,000,000 (of which $100,000,000 pollution control or drinking water revolving shall not become available until September 1, acceptable tribal program, may award coopera- fund administrative and procedural require- tive agreements to federally-recognized Indian 2003), to remain available until expended, con- ments, and, for purposes of these grants, each sisting of such sums as are available in the Tribes or Intertribal consortia, if authorized by grantee shall contribute not less than 45 percent their member Tribes, to assist the Administrator Trust Fund as authorized by section 517(a) of of the cost of the project unless the grantee is the Superfund Amendments and Reauthoriza- in implementing Federal environmental pro- approved for a waiver by the Administrator of grams for Indian Tribes required or authorized tion Act of 1986 (SARA) and up to $1,265,000,000 the Environmental Protection Agency; by law, except that no such cooperative agree- as a payment from general revenues to the Haz- $100,500,000 shall be to carry out section 104(k) ments may be awarded from funds designated ardous Substance Superfund for purposes as au- of the Comprehensive Environmental Response, for State financial assistance agreements. thorized by section 517(b) of SARA, as amended: Compensation, and Liability Act of 1980 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), Provided, That funds appropriated under this (CERCLA), as amended, including grants, inter- appropriated funds may hereafter be used to heading may be allocated to other Federal agen- agency agreements, and associated program award grants or loans under section 104(k) of cies in accordance with section 111(a) of support costs; and $1,130,000,000 shall be for CERCLA to eligible entities that satisfy all of CERCLA: Provided further, That of the funds grants, including associated program support the elements set forth in CERCLA section appropriated under this heading, $13,214,000 costs, to States, federally recognized tribes, 101(40) to qualify as a bona fide prospective pur- shall be transferred to the ‘‘Office of Inspector interstate agencies, tribal consortia, and air pol- chaser except that the date of acquisition of the General’’ appropriation to remain available lution control agencies for multi-media or single property was prior to the date of enactment of until September 30, 2005, and $45,000,000 shall be media pollution prevention, control and abate- the Small Business Liability Relief and transferred to the ‘‘Science and technology’’ ap- ment and related activities, including activities Brownfield Revitalization Act of 2001. propriation to remain available until September pursuant to the provisions set forth under this For fiscal year 2004, notwithstanding any 30, 2005. heading in Public Law 104–134, and for making other provision of law, recipients of grants LEAKING UNDERGROUND STORAGE TANK PROGRAM grants under section 103 of the Clean Air Act for particulate matter monitoring and data collec- awarded under section 104(k) of the Comprehen- For necessary expenses to carry out leaking sive Environmental Response, Compensation, underground storage tank cleanup activities au- tion activities of which and subject to terms and conditions specified by the Administrator, of and Liability Act of 1980 (42 U.S.C. 9601 et seq.) thorized by section 205 of the Superfund Amend- may use funds for reasonable administrative ments and Reauthorization Act of 1986, and for which $60,000,000 shall be for carrying out sec- tion 128 of CERCLA, as amended, and costs, as determined by the Administrator of the construction, alteration, repair, rehabilitation, Environmental Protection Agency. and renovation of facilities, not to exceed $20,000,000 shall be for Environmental Informa- tion Exchange Network grants, including associ- Section 209(e)(1) of the Clean Air Act (42 $75,000 per project, $72,545,000, to remain avail- U.S.C. 7543(e)(1)) is amended by— able until expended. ated program support costs: Provided, That for fiscal year 2004, State authority under section (1) striking the words ‘‘either of’’; and OIL SPILL RESPONSE 302(a) of Public Law 104–182 shall remain in ef- (2) in subparagraph (A), adding before the pe- For expenses necessary to carry out the Envi- fect: Provided further, That notwithstanding riod at the end the following: ‘‘, and any new ronmental Protection Agency’s responsibilities section 603(d)(7) of the Act, the limitation on the spark-ignition engines smaller than 50 horse- under the Oil Pollution Act of 1990, $16,209,000, amounts in a State water pollution control re- power’’. to be derived from the Oil Spill Liability trust volving fund that may be used by a State to ad- Not later than December 1, 2004, the Adminis- fund, to remain available until expended. minister the fund shall not apply to amounts in- trator of the Environmental Protection Agency STATE AND TRIBAL ASSISTANCE GRANTS cluded as principal in loans made by such fund shall propose regulations containing new stand- For environmental programs and infrastruc- in fiscal year 2004 and prior years where such ards applicable to emissions from new nonroad ture assistance, including capitalization grants amounts represent costs of administering the spark-ignition engines smaller than 50 horse- for State revolving funds and performance part- fund to the extent that such amounts are or power. nership grants, $3,814,000,000, to remain avail- were deemed reasonable by the Administrator, DESIGNATIONS OF AREAS FOR PM2.5 AND SUBMIS- able until expended, of which $1,350,000,000 accounted for separately from other assets in SION OF IMPLEMENTATION PLANS FOR RE- shall be for making capitalization grants for the the fund, and used for eligible purposes of the GIONAL HAZE. Clean Water State Revolving Funds under title fund, including administration: Provided fur- (a) IN GENERAL.—Section 107(d) of the Clean VI of the Federal Water Pollution Control Act, ther, That for fiscal year 2004, and notwith- Air Act (42 U.S.C. 7407(d)) is amended by adding as amended (the ‘‘Act’’); $850,000,000 shall be for standing section 518(f) of the Act, the Adminis- at the end the following: capitalization grants for the Drinking Water trator is authorized to use the amounts appro- ‘‘(6) DESIGNATIONS.— State Revolving Funds under section 1452 of the priated for any fiscal year under section 319 of ‘‘(A) SUBMISSION.—Notwithstanding any other Safe Drinking Water Act, as amended, except that Act to make grants to Indian tribes pursu- provision of law, not later than February 15, that, notwithstanding section 1452(n) of the ant to sections 319(h) and 518(e) of that Act: 2004, the Governor of each State shall submit Safe Drinking Water Act, as amended, none of Provided further, That for fiscal year 2004, not- designations referred to in paragraph (1) for the the funds made available under this heading in withstanding the limitation on amounts in sec- July 1997 PM2.5 national ambient air quality this Act, or in previous appropriations Acts, tion 518(c) of the Act, up to a total of 11⁄2 per- standards for each area within the State, based shall be reserved by the Administrator for health cent of the funds appropriated for State Revolv- on air quality monitoring data collected in ac- effects studies on drinking water contaminants; ing Funds under title VI of that Act may be re- cordance with any applicable Federal reference $50,000,000 shall be for architectural, engineer- served by the Administrator for grants under methods for the relevant areas. ing, planning, design, construction and related section 518(c) of such Act: Provided further, ‘‘(B) PROMULGATION.—Notwithstanding any activities in connection with the construction of That no funds provided by this legislation to ad- other provision of law, not later than December high priority water and wastewater facilities in dress the water, wastewater and other critical 31, 2004, the Administrator shall, consistent with the area of the United States-Mexico Border, infrastructure needs of the colonias in the paragraph (1), promulgate the designations re- after consultation with the appropriate border United States along the United States-Mexico ferred to in subparagraph (A) for each area of commission; $45,000,000 shall be for grants to the border shall be made available to a county or each State for the July 1997 PM2.5 national am- State of Alaska to address drinking water and municipal government unless that government bient air quality standards. wastewater infrastructure needs of rural and has established an enforceable local ordinance, ‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL Alaska Native Villages: Provided, That, of these or other zoning rule, which prevents in that ju- HAZE.— funds (1) 25 percent will be set aside for regional risdiction the development or construction of ‘‘(A) IN GENERAL.—Notwithstanding any other hub communities of populations over 1,000 but any additional colonia areas, or the develop- provision of law, not later than 3 years after the under 5,000, (2) the State of Alaska shall provide ment within an existing colonia the construction date on which the Administrator promulgates a match of 25 percent, (3) no more than 5 per- of any new home, business, or other structure the designations referred to in paragraph (6)(B) cent of the fund may be used for administrative which lacks water, wastewater, or other nec- for a State, the State shall submit, for the entire and overhead expenses, and (4) a statewide pri- essary infrastructure: Provided further, That State, the State implementation plan revisions to

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 S15014 CONGRESSIONAL RECORD — SENATE November 18, 2003 meet the requirements promulgated by the Ad- experts and consultants under section 3109 of activity shall remain available until expended. ministrator under section 169B(e)(1) (referred to title 5, United States Code) of the Interagency This provision does not apply to the amounts in this paragraph as ‘regional haze require- Council on the Homeless in carrying out the appropriated for institutional minor revitaliza- ments’). functions pursuant to title II of the McKinney- tion and construction of facilities, and institu- ‘‘(B) NO PRECLUSION OF OTHER PROVISIONS.— Vento Homeless Assistance Act, as amended, tional facility planning and design. Nothing in this paragraph precludes the imple- $1,500,000. Notwithstanding the limitation on the avail- mentation of the agreements and recommenda- NATIONAL AERONAUTICS AND SPACE ability of funds appropriated for ‘‘Science, aero- tions stemming from the Grand Canyon Visi- ADMINISTRATION nautics and exploration’’, or ‘‘Space flight ca- bility Transport Commission Report dated June pabilities’’ by this appropriations Act, the SPACE FLIGHT CAPABILITIES 1996, including the submission of State imple- amounts appropriated for construction of facili- For necessary expenses, not otherwise pro- mentation plan revisions by the States of Ari- ties shall remain available until September 30, vided for, in the conduct and support of space zona, California, Colorado, Idaho, Nevada, New 2006. flight capabilities research and development ac- Mexico, Oregon, Utah, or Wyoming by December From amounts made available in this Act for tivities, including research, development, oper- 31, 2003, for implementation of regional haze re- these activities, the Administration may transfer ations, support and services; maintenance; con- quirements applicable to those States.’’. amounts between aeronautics from the ‘‘Science, struction of facilities including repair, rehabili- (b) RELATIONSHIP TO TRANSPORTATION EQUITY aeronautics and exploration’’ account to the tation, revitalization and modification of facili- ACT FOR THE 21ST CENTURY.—Except as pro- ‘‘Space flight capabilities’’ account, provided vided in paragraphs (6) and (7) of section 107(d) ties, construction of new facilities and additions NASA meets all reprogramming requirements. of the Clean Air Act (as added by subsection to existing facilities, facility planning and de- Funds for announced prizes otherwise author- (a)), section 6101, subsections (a) and (b) of sec- sign, and acquisition or condemnation of real ized shall remain available, without fiscal year tion 6102, and section 6103 of the Transportation property, as authorized by law; environmental limitation, until the prize is claimed or the offer Equity Act for the 21st Century (42 U.S.C. 7407 compliance and restoration; space flight, space- is withdrawn. note; 112 Stat. 463), as in effect on the day be- craft control and communications activities in- NASA shall maintain a working capital fund fore the date of enactment of this Act, shall re- cluding operations, production, and services; in the United States Treasury and report to the main in effect. program management; personnel and related Congress on the status of this fund by January costs, including uniforms or allowances there- 31, 2004. Amounts in the fund are available for EXECUTIVE OFFICE OF THE PRESIDENT for, as authorized by 5 U.S.C. 5901–5902; travel financing activities, services, equipment, infor- OFFICE OF SCIENCE AND TECHNOLOGY POLICY expenses; purchase and hire of passenger motor mation, and facilities as authorized by law to be For necessary expenses of the Office of vehicles; not to exceed $35,000 for official recep- provided within the Administration; to other Science and Technology Policy, in carrying out tion and representation expenses; and purchase, agencies or instrumentalities of the United the purposes of the National Science and Tech- lease, charter, maintenance and operation of States; to any State, Territory, or possession or nology Policy, Organization, and Priorities Act mission and administrative aircraft, political subdivision thereof; to other public or of 1976 (42 U.S.C. 6601 and 6671), hire of pas- $7,582,100,000, to remain available until Sep- private agencies; or to any person, firm, associa- senger motor vehicles, and services as author- tember 30, 2005, of which no less than tion, corporation, or educational institution on ized by 5 U.S.C. 3109, not to exceed $2,500 for of- $3,968,000,000 shall be available for activities re- a reimbursable basis. The fund shall also be ficial reception and representation expenses, lated to the Space Shuttle and shall not be available for the purpose of funding capital re- and rental of conference rooms in the District of available for transfer to any other program or pairs, renovations, rehabilitation, sustainment, Columbia, $7,027,000. account, and no more than $1,507,000,000 shall demolition, or replacement of NASA real prop- COUNCIL ON ENVIRONMENTAL QUALITY AND be available for activities related to the Inter- erty, on a reimbursable basis within the Admin- OFFICE OF ENVIRONMENTAL QUALITY national Space Station. istration. Amounts in the fund are available For necessary expenses to continue functions SCIENCE, AERONAUTICS AND EXPLORATION without regard to fiscal year limitation. The assigned to the Council on Environmental Qual- (INCLUDING TRANSFER OF FUNDS) capital of the fund consists of amounts appro- ity and Office of Environmental Quality pursu- For necessary expenses, not otherwise pro- priated to the fund; the reasonable value of ant to the National Environmental Policy Act of vided for, in the conduct and support of science, stocks of supplies, equipment, and other assets 1969, the Environmental Quality Improvement aeronautics and exploration research and devel- and inventories on order that the Administrator Act of 1970, and Reorganization Plan No. 1 of opment activities, including research, develop- transfers to the fund, less the related liabilities 1977, and not to exceed $750 for official recep- ment, operations, support and services; mainte- and unpaid obligations; and payments received tion and representation expenses, $3,238,000: nance; construction of facilities including re- for loss or damage to property of the fund. The Provided, That, notwithstanding section 202 of pair, rehabilitation, revitalization, and modi- fund shall be reimbursed, in advance, for sup- the National Environmental Policy Act of 1970, fication of facilities, construction of new facili- plies and services at rates that will approximate the Council shall consist of one member, ap- ties and additions to existing facilities, facility the expenses of operation, such as the accrual of pointed by the President, by and with the ad- planning and design, and restoration, and ac- annual leave, depreciation of plant, property vice and consent of the Senate, serving as chair- quisition or condemnation of real property, as and equipment, and overhead. man and exercising all powers, functions, and authorized by law; environmental compliance The unexpired balances of prior appropria- duties of the Council. and restoration; space flight, spacecraft control tions to NASA for activities for which funds are FEDERAL DEPOSIT INSURANCE CORPORATION and communications activities including oper- provided under this Act may be transferred to OFFICE OF INSPECTOR GENERAL ations, production, and services; program man- the new account established for the appropria- tion that provides such activity under this Act. For necessary expenses of the Office of In- agement; personnel and related costs, including Balances so transferred may be merged with spector General in carrying out the provisions of uniforms or allowances therefor, as authorized funds in the newly established account and the Inspector General Act of 1978, as amended, by 5 U.S.C. 5901–5902; travel expenses; purchase thereafter may be accounted for as one fund $30,848,000, to be derived from the Bank Insur- and hire of passenger motor vehicles; not to ex- under the same terms and conditions. ance Fund, the Savings Association Insurance ceed $35,000 for official reception and represen- Notwithstanding any other provision of law, Fund, and the FSLIC Resolution Fund. tation expenses; and purchase, lease, charter, maintenance and operation of mission and ad- no funds under this Act or any other Act may GENERAL SERVICES ADMINISTRATION ministrative aircraft, $7,730,507,000, to remain be used to compensate any person who contracts FEDERAL CITIZEN INFORMATION CENTER FUND available until September 30, 2005, of which with NASA who has otherwise chosen to retire For necessary expenses of the Federal Citizen amounts as determined by the Administrator for early or has taken a buy-out. Information Center, including services author- salaries and benefits; training, travel and NATIONAL CREDIT UNION ADMINISTRATION ized by 5 U.S.C. 3109, $14,000,000, to be deposited awards; facility and related costs; information CENTRAL LIQUIDITY FACILITY into the Federal Citizen Information Center technology services; science, engineering, fabri- During fiscal year 2004, gross obligations of Fund: Provided, That the appropriations, reve- cating and testing services; and other adminis- the Central Liquidity Facility for the principal nues, and collections deposited into the Fund trative services may be transferred to ‘‘Space amount of new direct loans to member credit shall be available for necessary expenses of Fed- flight capabilities’’ in accordance with section unions, as authorized by 12 U.S.C. 1795 et seq., eral Citizen Information Center activities in the 312(b) of the National Aeronautics and Space shall not exceed $1,500,000,000: Provided, That aggregate amount not to exceed $21,000,000. Ap- Act of 1958, as amended by Public Law 106–377. administrative expenses of the Central Liquidity propriations, revenues, and collections accruing OFFICE OF INSPECTOR GENERAL Facility in fiscal year 2004 shall not exceed to this Fund during fiscal year 2004 in excess of For necessary expenses of the Office of In- $310,000. $21,000,000 shall remain in the Fund and shall spector General in carrying out the Inspector COMMUNITY DEVELOPMENT REVOLVING LOAN not be available for expenditure except as au- General Act of 1978, as amended, $26,300,000. FUND thorized in appropriations Acts. ADMINISTRATIVE PROVISIONS For the Community Development Revolving UNITED STATES INTERAGENCY COUNCIL ON Notwithstanding the limitation on the avail- Loan Fund program as authorized by 42 U.S.C. HOMELESSNESS ability of funds appropriated for ‘‘Science, aero- 9812, 9822 and 9910, $1,500,000 shall be available: OPERATING EXPENSES nautics and exploration’’, or ‘‘Space flight ca- Provided, That of this amount $700,000, together For necessary expenses (including payment of pabilities’’ by this appropriations Act, when any with amounts of principal and interest on loans salaries, authorized travel, hire of passenger activity has been initiated by the incurrence of repaid, is available until expended for loans to motor vehicles, the rental of conference rooms in obligations for construction of facilities as au- community development credit unions, and the District of Columbia, and the employment of thorized by law, such amount available for such $800,000 is available until September 30, 2005 for

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.078 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15015 technical assistance to low-income and commu- out section 4 of the National Science Founda- any officer or employee of such department or nity development credit unions. tion Act of 1950 (42 U.S.C. 1863) and Public Law agency between the domicile and the place of NATIONAL SCIENCE FOUNDATION 86–209 (42 U.S.C. 1880 et seq.), $3,900,000: Pro- employment of the officer or employee, with the vided, That not more than $9,000 shall be avail- exception of an officer or employee authorized RESEARCH AND RELATED ACTIVITIES able for official reception and representation ex- such transportation under 31 U.S.C. 1344 or 5 For necessary expenses in carrying out the penses. U.S.C. 7905; or (2) to provide a cook, chauffeur, National Science Foundation Act of 1950, as or other personal servants to any officer or em- amended (42 U.S.C. 1861–1875), and the Act to OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of In- ployee of such department or agency. establish a National Medal of Science (42 U.S.C. EC. 404. None of the funds provided in this spector General as authorized by the Inspector S 1880–1881); services as authorized by 5 U.S.C. Act may be used for payment, through grants or General Act of 1978, as amended, $10,000,000, to 3109; maintenance and operation of aircraft and contracts, to recipients that do not share in the remain available until September 30, 2005. purchase of flight services for research support; cost of conducting research resulting from pro- acquisition of aircraft; and authorized travel; NEIGHBORHOOD REINVESTMENT CORPORATION posals not specifically solicited by the Govern- $4,220,610,000, of which not to exceed PAYMENT TO THE NEIGHBORHOOD REINVESTMENT ment: Provided, That the extent of cost sharing $341,730,000 shall remain available until ex- CORPORATION by the recipient shall reflect the mutuality of in- pended for Polar research and operations sup- For payment to the Neighborhood Reinvest- terest of the grantee or contractor and the Gov- port, and for reimbursement to other Federal ment Corporation for use in neighborhood rein- ernment in the research. agencies for operational and science support vestment activities, as authorized by the Neigh- SEC. 405. None of the funds provided in this and logistical and other related activities for the borhood Reinvestment Corporation Act (42 Act may be used, directly or through grants, to United States Antarctic program; the balance to U.S.C. 8101–8107), $115,000,000, of which pay or to provide reimbursement for payment of remain available until September 30, 2005: Pro- $5,000,000 shall be for a multi-family rental the salary of a consultant (whether retained by vided, That receipts for scientific support serv- housing program. the Federal Government or a grantee) at more ices and materials furnished by the National Re- than the daily equivalent of the rate paid for ADMINISTRATIVE PROVISION search Centers and other National Science level IV of the Executive Schedule, unless spe- Foundation supported research facilities may be Section 605(a) of the Neighborhood Reinvest- cifically authorized by law. credited to this appropriation: Provided further, ment Corporation Act (42 U.S.C. 8104) is amend- SEC. 406. None of the funds provided in this That to the extent that the amount appropriated ed by— Act may be used to pay the expenses of, or oth- is less than the total amount authorized to be (1) striking out ‘‘compensation’’ and inserting erwise compensate, non-Federal parties inter- appropriated for included program activities, all ‘‘salary’’; and striking out ‘‘highest rate pro- vening in regulatory or adjudicatory pro- amounts, including floors and ceilings, specified vided for GS–18 of the General Schedule under ceedings. Nothing herein affects the authority of in the authorizing Act for those program activi- section 5332 of title 5 United States Code’’; and the Consumer Product Safety Commission pur- ties or their subactivities shall be reduced pro- inserting ‘‘rate for level IV of the Executive suant to section 7 of the Consumer Product portionally: Provided further, That $90,000,000 Schedule’’; and Safety Act (15 U.S.C. 2056 et seq.). of the funds available under this heading shall (2) inserting after the end the following sen- SEC. 407. Except as otherwise provided under be made available for a comprehensive research tence: ‘‘The Corporation shall also apply the existing law, or under an existing Executive initiative on plant genomes for economically sig- provisions of section 5307(a)(1), (b)(1) and (b)(2) order issued pursuant to an existing law, the ob- nificant crops. of title 5, United States Code, governing limita- ligation or expenditure of any appropriation tions on certain pay as if its employees were under this Act for contracts for any consulting MAJOR RESEARCH EQUIPMENT AND FACILITIES Federal employees receiving payments under service shall be limited to contracts which are: CONSTRUCTION title 5.’’. (1) a matter of public record and available for For necessary expenses for the acquisition, public inspection; and (2) thereafter included in construction, commissioning, and upgrading of SELECTIVE SERVICE SYSTEM a publicly available list of all contracts entered major research equipment, facilities, and other SALARIES AND EXPENSES into within 24 months prior to the date on which such capital assets pursuant to the National For necessary expenses of the Selective Service the list is made available to the public and of all Science Foundation Act of 1950, as amended, in- System, including expenses of attendance at contracts on which performance has not been cluding authorized travel, $149,680,000, to re- meetings and of training for uniformed per- completed by such date. The list required by the main available until expended. sonnel assigned to the Selective Service System, preceding sentence shall be updated quarterly EDUCATION AND HUMAN RESOURCES as authorized by 5 U.S.C. 4101–4118 for civilian and shall include a narrative description of the For necessary expenses in carrying out science employees; purchase of uniforms, or allowances work to be performed under each such contract. and engineering education and human resources therefor, as authorized by 5 U.S.C. 5901–5902; SEC. 408. Except as otherwise provided by law, programs and activities pursuant to the Na- hire of passenger motor vehicles; services as au- no part of any appropriation contained in this tional Science Foundation Act of 1950, as thorized by 5 U.S.C. 3109; and not to exceed $750 Act shall be obligated or expended by any exec- amended (42 U.S.C. 1861–1875), including serv- for official reception and representation ex- utive agency, as referred to in the Office of Fed- ices as authorized by 5 U.S.C. 3109, authorized penses; $26,308,000: Provided, That during the eral Procurement Policy Act (41 U.S.C. 401 et travel, and rental of conference rooms in the current fiscal year, the President may exempt seq.), for a contract for services unless such ex- District of Columbia, $975,870,000, to remain this appropriation from the provisions of 31 ecutive agency: (1) has awarded and entered available until September 30, 2005: Provided, U.S.C. 1341, whenever the President deems such into such contract in full compliance with such That to the extent that the amount of this ap- action to be necessary in the interest of national Act and the regulations promulgated there- propriation is less than the total amount au- defense: Provided further, That none of the under; and (2) requires any report prepared pur- thorized to be appropriated for included pro- funds appropriated by this Act may be expended suant to such contract, including plans, evalua- gram activities, all amounts, including floors for or in connection with the induction of any tions, studies, analyses and manuals, and any and ceilings, specified in the authorizing Act for person into the Armed Forces of the United report prepared by the agency which is substan- those program activities or their subactivities States: Provided further, That none of the funds tially derived from or substantially includes any shall be reduced proportionally. appropriated under this heading may be used in report prepared pursuant to such contract, to SALARIES AND EXPENSES direct support of the Corporation for National contain information concerning: (A) the con- For salaries and expenses necessary in car- and Community Service. tract pursuant to which the report was pre- rying out the National Science Foundation Act TITLE IV—GENERAL PROVISIONS pared; and (B) the contractor who prepared the report pursuant to such contract. of 1950, as amended (42 U.S.C. 1861–1875); serv- SEC. 401. No part of any appropriation con- ices authorized by 5 U.S.C. 3109; hire of pas- SEC. 409. (a) It is the sense of the Congress tained in this Act shall remain available for ob- that, to the greatest extent practicable, all senger motor vehicles; not to exceed $9,000 for ligation beyond the current fiscal year unless equipment and products purchased with funds official reception and representation expenses; expressly so provided herein. made available in this Act should be American- uniforms or allowances therefor, as authorized SEC. 402. No funds appropriated by this Act made. by 5 U.S.C. 5901–5902; rental of conference rooms may be expended— (b) In providing financial assistance to, or en- in the District of Columbia; and reimbursement (1) pursuant to a certification of an officer or tering into any contract with, any entity using of the General Services Administration for secu- employee of the United States unless— funds made available in this Act, the head of rity guard services; $225,700,000: Provided, That (A) such certification is accompanied by, or is each Federal agency, to the greatest extent contracts may be entered into under ‘‘Salaries part of, a voucher or abstract which describes practicable, shall provide to such entity a notice and expenses’’ in fiscal year 2004 for mainte- the payee or payees and the items or services for describing the statement made in subsection (a) nance and operation of facilities, and for other which such expenditure is being made; or by the Congress. services, to be provided during the next fiscal (B) the expenditure of funds pursuant to such SEC. 410. None of the funds appropriated in year. certification, and without such a voucher or ab- this Act may be used to implement any cap on OFFICE OF THE NATIONAL SCIENCE BOARD stract, is specifically authorized by law; and reimbursements to grantees for indirect costs, ex- For necessary expenses (including payment of (2) unless such expenditure is subject to audit cept as published in Office of Management and salaries, authorized travel, hire of passenger by the General Accounting Office or is specifi- Budget Circular A–21. motor vehicles, the rental of conference rooms in cally exempt by law from such audit. SEC. 411. Such sums as may be necessary for the District of Columbia, and the employment of SEC. 403. None of the funds provided in this fiscal year 2004 pay raises for programs funded experts and consultants under section 3109 of Act to any department or agency may be obli- by this Act shall be absorbed within the levels title 5, United States Code) involved in carrying gated or expended for: (1) the transportation of appropriated in this Act.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.079 S18PT1 S15016 CONGRESSIONAL RECORD — SENATE November 18, 2003

SEC. 412. None of the funds made available in Congressional Budget Office estimates that the (b) It is the sense of Congress that— this Act may be used for any program, project, cost per voucher in fiscal year 2004 will be (1) notwithstanding section 1503 of the Emer- or activity, when it is made known to the Fed- $7,028, $560 more per voucher than the estimate gency Wartime Supplemental Appropriations eral entity or official to which the funds are contained in the fiscal year 2004 budget request; Act, 2003 (Public Law 108–11; 117 Stat. 579) and made available that the program, project, or ac- and any other provision of law, a citizen of the tivity is not in compliance with any Federal law (9) the congressionally appointed, bipartisan United States who was a prisoner of war or who relating to risk assessment, the protection of pri- Millennial Housing Commission found that was used by the regime of Saddam Hussein and vate property rights, or unfunded mandates. housing vouchers are ‘‘the linchpin of a na- by Iraq as a so-called human shield during the SEC. 413. Except in the case of entities that are tional housing policy providing very low-income First Gulf War should have the opportunity to funded solely with Federal funds or any natural renters access to privately-owned housing have any claim for damages caused by the re- persons that are funded under this Act, none of stock’’. gime of Saddam Hussein and by Iraq incurred the funds in this Act shall be used for the plan- (b) SENSE OF THE SENATE.—It is the sense of by such citizen fully adjudicated in the appro- ning or execution of any program to pay the ex- the Senate that— priate United States district court; penses of, or otherwise compensate, non-Federal (1) housing vouchers are a critical resource in (2) any judgment for such damages awarded parties to lobby or litigate in respect to adju- ensuring that families in America can afford to such citizen, or the family of such citizen, dicatory proceedings funded in this Act. A chief safe, decent, and adequate housing; should be fully enforced; and executive officer of any entity receiving funds (2) public housing agencies must retain the (3) the Attorney General should enter into ne- under this Act shall certify that none of these ability to use 100 percent of their authorized gotiations with each such citizen, or the family funds have been used to engage in the lobbying vouchers to help house low-income families; and of each such citizen, to develop a fair and rea- (3) the Senate expects the Department of of the Federal Government or in litigation sonable method of providing compensation for Housing and Urban Development to take all against the United States unless authorized the damages each such citizen incurred, includ- necessary actions to encourage full utilization under existing law. ing using assets of the regime of Saddam Hus- SEC. 414. No part of any funds appropriated of vouchers, and to use all legally available re- sein held by the Government of the United in this Act shall be used by an agency of the ex- sources as needed to support full funding for States or any other appropriate sources to pro- ecutive branch, other than for normal and rec- housing vouchers in fiscal year 2004, so that vide such compensation. ognized executive-legislative relationships, for every voucher can be used by a family in need. SEC. 422. None of the funds provided in this SEC. 419. Section 106(d) of the Housing and publicity or propaganda purposes, and for the Act may be expended to apply, in a numerical Community Development Act of 1974 (42 U.S.C. preparation, distribution or use of any kit, pam- estimate of the benefits of an agency action pre- 5306(d)) is amended— pared pursuant to Executive Order 12866 or sec- phlet, booklet, publication, radio, television or (1) in paragraph (3)(A), by striking ‘‘shall not tion 812 of the Clean Air Act, monetary values film presentation designed to support or defeat exceed 2 percent’’ and inserting ‘‘shall not, sub- for adult premature mortality that differ based legislation pending before the Congress, except ject to paragraph (6), exceed 3 percent’’; in presentation to the Congress itself. (2) in paragraph (5), by striking ‘‘not to ex- on the age of the adult. SEC. 423. EXTENSION OF CERTAIN PUBLIC SEC. 415. All Departments and agencies fund- ceed 1 percent’’ and inserting ‘‘subject to para- HOUSING/SECTION 8 MOVING TO WORK DEM- ed under this Act are encouraged, within the graph (6), not to exceed 3 percent’’; limits of the existing statutory authorities and (3) by redesignating the second paragraph (5) ONSTRATION AGREEMENTS. (a) EXTENSION.—The funding, to expand their use of ‘‘E-Commerce’’ and paragraph (6) as paragraphs (7) and (8), re- Secretary of Housing and Urban Development technologies and procedures in the conduct of spectively; and shall extend the term of the Moving to Work their business practices and public service ac- (4) by inserting after paragraph (5) the fol- Demonstration Agreement entered into between tivities. lowing: a public housing agency and the Secretary SEC. 416. None of the funds made available in ‘‘(6) Of the amounts received under paragraph under section 204, title V, of the Omnibus Con- this Act may be transferred to any department, (1), the State may deduct not more than an ag- solidated Rescissions and Appropriations Act of agency, or instrumentality of the United States gregate total of 3 percent of such amounts for— 1996 (Public Law 104–134, April 26, 1996) if— Government that is established after the date of ‘‘(A) administrative expenses under paragraph (1) the public housing agency requests such the enactment of this Act, except pursuant to a (3)(A); and extension in writing; transfer made by, or transfer authority provided ‘‘(B) technical assistance under paragraph (2) the public housing agency is not at the in, this Act or any other appropriation Act. (5).’’. time of such request for extension in default SEC. 417. None of the funds provided in this SEC. 420. SEWER OVERFLOW CONTROL GRANTS. under its Moving to Work Demonstration Agree- Act to any department or agency shall be obli- Section 221 of the Federal Water Pollution Con- ment; and gated or expended to procure passenger auto- trol Act (33 U.S.C. 1301) is amended— (3) the Moving to Work Demonstration Agree- mobiles as defined in 15 U.S.C. 2001 with an (1) in subsection (f), by striking ‘‘2002 and ment to be extended would otherwise expire on EPA estimated miles per gallon average of less 2003’’ and inserting ‘‘2005 and 2006’’; or before December 31, 2004. than 22 miles per gallon. (2) in subsection (g)(1)— (b) TERMS.—Unless the Secretary of Housing SEC. 418. SENSE OF THE SENATE. (a) FIND- (A) in the paragraph heading, by striking and Urban Development and the public housing INGS.—The Senate finds that— ‘‘2002’’ and inserting ‘‘2005’’; and agency otherwise agree, the extension under (1) 30 percent of American families have hous- (B) by striking ‘‘2002’’ and inserting ‘‘2005’’; subsection (a) shall be upon the identical terms (3) in subsection (g)(2)— and conditions set forth in the extending agen- ing affordability problems, with 14,300,000 fami- (A) in the paragraph heading, by striking lies paying more than half of their income for cy’s existing Moving to Work Demonstration ‘‘2003’’ and inserting ‘‘2006’’; and housing costs, and 17,300,000 families paying 30 (B) by striking ‘‘2003’’ and inserting ‘‘2006’’; Agreement, except that for each public housing to 50 percent of their income towards housing and agency that has been or will be granted an ex- costs; (4) in subsection (i), by striking ‘‘2003’’ and tension to its original Moving to Work agree- (2) 9,300,000 American families live in housing inserting ‘‘2006’’. ment, the Secretary shall require that data be that is overcrowded or distressed; SEC. 421. (a) Congress makes the following collected so that the effect of Moving to Work (3) 3,500,000 households in the United States findings: policy changes on residents can be measured. will experience homelessness at some point this (1) During Operation Desert Shield and Oper- (c) EXTENSION PERIOD.—The extension under year, including 1,350,000 children; ation Desert Storm (in this section, collectively subsection (a) shall be for such period as is re- (4) the number of working families who are referred to as the ‘‘First Gulf War’’), the regime quested by the public housing agency, not to ex- unable to afford adequate housing is increasing, of Saddam Hussein committed grave human ceed 3 years from the date of expiration of the as the gap between wages and housing costs rights abuses and acts of terrorism against the extending agency’s existing Moving to Work grows; people of Iraq and citizens of the United States. Demonstration Agreement. (5) there is no county or metropolitan area in (2) United States citizens who were taken pris- (d) BREACH OF AGREEMENT.—Nothing con- the country where a minimum wage earner can oner by the regime of Saddam Hussein during tained in this section shall limit the authority of afford to rent a modest 2-bedroom apartment, the First Gulf War were brutally tortured and the Secretary of Housing and Urban Develop- and on average, a family must earn over $15 an forced to endure severe physical trauma and ment to terminate any Moving to Work Dem- hour to afford modest rental housing, which is emotional abuse. onstration Agreement of a public housing agen- almost 3 times the minimum wage; (3) The regime of Saddam Hussein used civil- cy if the public housing agency is in breach of (6) section 8 housing vouchers help approxi- ian citizens of the United States who were work- the provisions of such agreement. mately 2,000,000 families with children, senior ing in the Persian Gulf region before and during SEC. 424. STUDY OF MOVING TO WORK PRO- citizens, and disabled individuals afford a safe the First Gulf War as so-called human shields, GRAM. (a) IN GENERAL.—The General Account- and decent place to live; threatening the personal safety and emotional ing Office shall conduct a study of the Moving (7) utilization of vouchers is at a high of 96 well-being of such civilians. to Work demonstration program to evaluate— percent, and is on course to rise to 97 percent in (4) Congress has recognized and authorized (1) whether the statutory goals of the Moving fiscal year 2004, according to data provided by the right of United States citizens, including to Work demonstration program are being met; the Department of Housing and Urban Develop- prisoners of war, to hold terrorist states, such as (2) the effects policy changes related to the ment; Iraq during the regime of Saddam Hussein, lia- Moving to Work demonstration program have (8) the average cost per voucher has also ble for injuries caused by such states. had on residents; and steadily increased from just over $6,400 in Au- (5) The United States district courts are au- (3) whether public housing agencies partici- gust of 2002, to $6,756 in April, 2003, due largely thorized to adjudicate cases brought by individ- pating in the Moving to Work program are meet- to rising rents in the private market, and the uals injured by terrorist states. ing the requirements of the Moving to Work

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.079 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15017 demonstration program under law and any ‘‘(III) for fiscal year 2007, $68,000; and Act (7 U.S.C. 136a–1(i)(5)(H)) is amended by agreements with the Department of Housing and ‘‘(IV) for fiscal year 2008, $55,000; and’’; and striking ‘‘2003’’ and inserting ‘‘2008’’. Urban Development. (iii) in clause (ii), by striking ‘‘shall be (5) REREGISTRATION AND OTHER ACTIVITIES.— (b) REPORT.—Not later than 18 months after $95,000.’’ and inserting ‘‘shall be— Section 4(g)(2) of the Federal Insecticide, Fun- the date of enactment of this Act, the General ‘‘(I) for fiscal year 2004, $145,000; gicide and Rodenticide Act (7 U.S.C. 136a– Accounting Office shall submit to Congress a re- ‘‘(II) for each of fiscal years 2005 and 2006, 1(g)(2)) is amended— port on the study conducted under subsection $151,000; (A) by striking subparagraph (A) and insert- (a). ‘‘(III) for fiscal year 2007, $117,000; and ing the following: SEC. 425. NATIONAL ACADEMY OF SCIENCES ‘‘(IV) for fiscal year 2008, $95,000.’’; and ‘‘(A) IN GENERAL.—The Administrator shall STUDY. The matter under the heading ‘‘ADMINIS- (C) in subparagraph (E)— make a determination as to eligibility for rereg- TRATIVE PROVISIONS’’ under the heading ‘‘ENVI- (i) by striking ‘‘(E)(i) For’’ and inserting the istration— RONMENTAL PROTECTION AGENCY’’ in title III of following: ‘‘(i) for all active ingredients subject to rereg- division K of section 2 of the Consolidated Ap- ‘‘(E) MAXIMUM AMOUNT OF FEES FOR SMALL istration under this section for which tolerances propriations Resolution, 2003 (117 Stat. 513), is BUSINESSES.— or exemptions from tolerances are required amended— ‘‘(i) IN GENERAL.—For’’; under the Federal Food, Drug, and Cosmetic (1) in the first sentence of the fifth undesig- (ii) by indenting the margins of subclauses (I) Act (21 U.S.C. 301 et seq.), not later than the nated paragraph (beginning ‘‘As soon as’’), by and (II) of clause (i) appropriately; and last date for tolerance reassessment established inserting before the period at the end the fol- (iii) in clause (i)— under section 408(q)(1)(C) of that Act (21 U.S.C. lowing: ‘‘, and the impact of the final rule enti- (I) subclause (I), by striking ‘‘shall be $38,500; 346a(q)(1)(C)); and tled ‘Prevention of Significant Deterioration and’’ and inserting ‘‘shall be— ‘‘(ii) for all other active ingredients subject to (PSD) and Nonattainment New Source Review ‘‘(aa) for fiscal year 2004, $59,000; reregistration under this section, not later than (NSR): Equipment Replacement Provision of the ‘‘(bb) for each of fiscal years 2005 and 2006, October 3, 2008.’’; Routine Maintenance, Repair and Replacement $61,000; (B) in subparagraph (B)— Exclusion’, amending parts 51 and 52 of title 40, ‘‘(cc) for fiscal year 2007, $48,000; and (i) by striking ‘‘(B) Before’’ and inserting the Code of Federal Regulations, and published in ‘‘(dd) for fiscal year 2008, $38,500; and’’; and following: electronic docket OAR-2002-0068 on August 27, (II) in subclause (II), by striking ‘‘shall be ‘‘(B) PRODUCT-SPECIFIC DATA.— 2003’’; and $66,500.’’ and inserting ‘‘shall be— ‘‘(i) IN GENERAL.—Before’’; (ii) by striking ‘‘The Administrator’’ and in- (2) in the sixth undesignated paragraph (be- ‘‘(aa) for fiscal year 2004, $102,000; serting the following: ginning ‘‘The National Academy of Sciences’’), ‘‘(bb) for each of fiscal years 2005 and 2006, ‘‘(ii) TIMING.— by striking ‘‘March 3, 2004’’ and inserting ‘‘Jan- $106,000; ‘‘(I) IN GENERAL.—Subject to subclause (II), uary 1, 2005’’. ‘‘(cc) for fiscal year 2007, $82,000; and ‘‘(dd) for fiscal year 2008, $66,500.’’. the Administrator’’; and SEC. 426. There shall be made available (2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) (iii) by adding at the end the following: $500,000 to the Secretary of Housing and Urban ‘‘(II) EXTRAORDINARY CIRCUMSTANCES.—In the Development for the purposes of making the of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(a)–1(i)(5)(C)) is case of extraordinary circumstances, the Admin- grant authorized under section 3 of the Paul istrator may provide such a longer period, of not and Sheila Wellstone Center for Community amended— (A) by striking ‘‘(C)(i) The’’ and inserting the more than 2 additional years, for submission of Building Act. following: data to the Administrator under this subpara- TITLE V—PESTICIDE PRODUCTS AND FEES ‘‘(C) TOTAL AMOUNT OF FEES.—The’’; and graph.’’; and SEC. 501. PESTICIDE REGISTRATION. (a) SHORT (B) by striking ‘‘aggregate amount’’ and all (C) in subparagraph (D)— TITLE.—This title may be cited as the ‘‘Pesticide that follows through clause (ii) and inserting (i) by striking ‘‘(D) If’’ and inserting the fol- Registration Improvement Act of 2003’’. ‘‘aggregate amount of— lowing: (b) REGISTRATION REQUIREMENTS FOR ANTI- ‘‘(i) for fiscal year 2004, $26,000,000; ‘‘(D) DETERMINATION TO NOT REREGISTER.— MICROBIAL PESTICIDES.—Section 3(h) of the Fed- ‘‘(ii) for fiscal year 2005, $27,000,000; ‘‘(i) IN GENERAL.—If’’; and eral Insecticide, Fungicide, and Rodenticide Act ‘‘(iii) for fiscal year 2006, $27,000,000; (ii) by adding at the end the following: (7 U.S.C. 136a(h)) is amended— ‘‘(iv) for fiscal year 2007, $21,000,000; and ‘‘(ii) TIMING FOR REGULATORY ACTION.—Regu- (1) in paragraph (2)(F), by striking ‘‘90 to 180 ‘‘(v) for fiscal year 2008, $15,000,000.’’. latory action under clause (i) shall be completed as expeditiously as possible.’’. days’’ and inserting ‘‘120 days’’; and (3) DEFINITION OF SMALL BUSINESS.—Section (d) OTHER FEES.— (2) in paragraph (3)— 4(i)(5)(E)(ii) of the Federal Insecticide, Fun- (1) IN GENERAL.—Section 4(i)(6) of the Federal (A) in subparagraph (D)(vi), by striking ‘‘240 gicide, and Rodenticide Act (7 U.S.C. 136a– Insecticide, Fungicide, and Rodenticide Act (7 days’’ and inserting ‘‘120 days’’; and 1(i)(5)(E)(ii)) is amended— U.S.C. 136a–1(i)(6)) is amended— (B) in subparagraph (F), by adding at the end (A) by redesignating subclauses (I) and (II) as (A) by striking ‘‘During’’ and inserting ‘‘Ex- the following: items (aa) and (bb), respectively, and indenting cept as provided in section 33, during’’; and ‘‘(iv) LIMITATION.—Notwithstanding clause the margins appropriately; (B) by striking ‘‘2003’’ and inserting ‘‘2010’’. (ii), the failure of the Administrator to notify an (B) by striking ‘‘(ii) For purposes of’’ and in- (2) TOLERANCE FEES.—Notwithstanding sec- applicant for an amendment to a registration for serting the following: tion 408(m)(1) of the Federal Food, Drug, and an antimicrobial pesticide shall not be judicially ‘‘(ii) DEFINITION OF SMALL BUSINESS.— Cosmetic Act (21 U.S.C. 346a(m)(1)), during the reviewable in a Federal or State court if the ‘‘(I) IN GENERAL.—In’’; period beginning on October 1, 2003, and ending amendment requires scientific review of data (C) in item (aa) (as so redesignated), by strik- on September 30, 2008, the Administrator of the within— ing ‘‘150’’ and inserting ‘‘500’’; Environmental Protection Agency shall not col- ‘‘(I) the time period specified in subparagraph (D) in item (bb) (as so redesignated), by strik- lect any tolerance fees under that section. (D)(vi), in the absence of a final regulation ing ‘‘gross revenue from chemicals that did not (e) EXPEDITED PROCESSING OF SIMILAR APPLI- under subparagraph (B); or exceed $40,000,000.’’ and inserting ‘‘global gross CATIONS.—Section 4(k)(3) of the Federal Insecti- ‘‘(II) the time period specified in paragraph revenue from pesticides that did not exceed cide, Fungicide, and Rodenticide Act (7 U.S.C. (2)(F), if adopted in a final regulation under $60,000,000.’’; and 136a–1(k)(3)) is amended— subparagraph (B).’’. (E) by adding at the end the following: (1) in the paragraph heading, by striking (c) MAINTENANCE FEES.— ‘‘(II) AFFILIATES.— ‘‘EXPEDITED’’ and inserting ‘‘REVIEW OF INERT (1) AMOUNTS FOR REGISTRANTS.—Section ‘‘(aa) IN GENERAL.—In the case of a business INGREDIENTS; EXPEDITED’’; and 4(i)(5) of the Federal Insecticide, Fungicide, and entity with 1 or more affiliates, the gross rev- (2) in subparagraph (A)— Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is amend- enue limit under subclause (I)(bb) shall apply to (A) by striking ‘‘1997’’ and all that follows ed— the gross revenue for the entity and all of the through ‘‘of the maintenance fees’’ and insert- (A) in subparagraph (A)— affiliates of the entity, including parents and ing ‘‘2004 through 2006, approximately (i) by striking ‘‘(A) Subject’’ and inserting the subsidiaries, if applicable. $3,300,000, and for each of fiscal years 2007 and FFILIATED PERSONS following: ‘‘(bb) A .—For the purpose 2008, between 1⁄8 and 1⁄7, of the maintenance ‘‘(A) IN GENERAL.—Subject’’; and of item (aa), persons are affiliates of each other fees’’; (ii) by striking ‘‘of—’’ and all that follows if, directly or indirectly, either person controls (B) by redesignating clauses (i), (ii), and (iii) through ‘‘additional registration’’ and inserting or has the power to control the other person, or as subclauses (I), (II) and (III), respectively, ‘‘for each registration’’; a third person controls or has the power to con- and indenting appropriately; and (B) in subparagraph (D)— trol both persons. (C) by striking ‘‘resources to assure the expe- (i) by striking ‘‘(D) The’’ and inserting the ‘‘(cc) INDICIA OF CONTROL.—For the purpose dited processing and review of any application following: of item (aa), indicia of control include inter- that’’ and inserting ‘‘resources— ‘‘(D) MAXIMUM AMOUNT OF FEES FOR REG- locking management or ownership, identity of ‘‘(i) to review and evaluate new inert ingredi- ISTRANTS.—The’’; interests among family members, shared facili- ents; and (ii) in clause (i), by striking ‘‘shall be $55,000; ties and equipment, and common use of employ- ‘‘(ii) to ensure the expedited processing and and’’ and inserting ‘‘shall be— ees.’’. review of any application ‘‘(I) for fiscal year 2004, $84,000; (4) EXTENSION OF AUTHORITY FOR COLLECTING that—’’. ‘‘(II) for each of fiscal years 2005 and 2006, MAINTENANCE FEES.—Section 4(i)(5)(H) of the (f) PESTICIDE REGISTRATION SERVICE FEES.— $87,000; Federal Insecticide, Fungicide, and Rodenticide The Federal Insecticide, Fungicide, and

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.079 S18PT1 S15018 CONGRESSIONAL RECORD — SENATE November 18, 2003

Rodenticide Act (7 U.S.C. 136a et seq.) is amend- ‘‘(B) REPORT.—Subject to paragraph (6), the graph shall provide supporting documentation ed— schedule shall be the same as the applicable that demonstrates, to the satisfaction of the Ad- (1) by redesignating sections 33 and 34 (7 schedule appearing in the Congressional Record ministrator, that anticipated revenues from the U.S.C. 136x, 136y) as sections 34 and 35, respec- on pages S11631 through S11633, dated Sep- uses that are the subject of the application tively; and tember 17, 2003. would be insufficient to justify imposition of the (2) by inserting after section 32 (7 U.S.C. ‘‘(4) PENDING PESTICIDE REGISTRATION APPLI- full application fee. 136w–7) the following: CATIONS.— ‘‘(E) IR–4 WAIVER.—The Administrator shall ‘‘SEC. 33. PESTICIDE REGISTRATION SERVICE ‘‘(A) IN GENERAL.—An applicant that sub- waive the registration service fee for an applica- FEES. mitted a registration application to the Adminis- tion if the Administrator determines that— ‘‘(a) DEFINITION OF COSTS.—In this section, trator before the effective date of the Pesticide ‘‘(i) the application is solely associated with a the term ‘costs’, when used with respect to re- Registration Improvement Act of 2003, but that tolerance petition submitted in connection with view and decisionmaking pertaining to an appli- is not required to pay a registration service fee the Inter-Regional Project Number 4 (IR–4) as cation for which registration service fees are under paragraph (2)(B), may, on a voluntary described in section 2 of Public Law 89–106 (7 paid under this section, means— basis, pay a registration service fee in accord- U.S.C. 450i(e)); and ‘‘(1) costs to the extent that— ance with paragraph (2)(B). ‘‘(ii) the waiver is in the public interest. ‘‘(A) officers and employees provide direct ‘‘(B) VOLUNTARY FEE.—The Administrator ‘‘(F) SMALL BUSINESSES.— support for the review and decisionmaking for may not compel payment of a registration serv- ‘‘(i) IN GENERAL.—The Administrator shall covered pesticide applications, associated toler- ice fee for an application described in subpara- waive 50 percent of the registration service fees ances, and corresponding risk and benefits in- graph (A). payable by an entity for a covered pesticide reg- formation and analyses; ‘‘(C) DOCUMENTATION.—An application for istration application under this section if the ‘‘(B) persons and organizations under con- which a voluntary registration service fee is entity is a small business (as defined in section tract with the Administrator engage in the re- paid under this paragraph shall be submitted 4(i)(5)(E)(ii)) at the time of application. view of the applications, and corresponding risk with documentation certifying— ‘‘(ii) WAIVER OF FEES.—The Administrator and benefits information and assessments; and ‘‘(i) payment of the registration service fee; or shall waive all of the registration service fees ‘‘(C) advisory committees and other accredited ‘‘(ii) a request for a waiver from or reduction payable by an entity under this section if the persons or organizations, on the request of the of the registration service fee. entity— Administrator, engage in the peer review of risk ‘‘(5) RESUBMISSION OF PESTICIDE REGISTRATION ‘‘(I) is a small business (as defined in section or benefits information associated with covered APPLICATIONS.—If a pesticide registration appli- 4(i)(5)(E)(ii)) at the time of application; and ‘‘(II) has average annual global gross reve- pesticide applications; cation is submitted by a person that paid the fee nues described in section 4(i)(5)(E)(ii)(I)(bb) that ‘‘(2) costs of management of information, and for the application under paragraph (2), is de- does not exceed $10,000,000, at the time of appli- the acquisition, maintenance, and repair of termined by the Administrator to be complete, cation. computer and telecommunication resources (in- and is not approved or is withdrawn (without a ‘‘(iii) FORMATION FOR WAIVER.—The Adminis- cluding software), used to support review of pes- waiver or refund), the submission of the same trator shall not grant a waiver under this sub- ticide applications, associated tolerances, and pesticide registration application by the same paragraph if the Administrator determines that corresponding risk and benefits information and person (or a licensee, assignee, or successor of the entity submitting the application has been analyses; and the person) shall not be subject to a fee under formed or manipulated primarily for the purpose ‘‘(3) costs of collecting registration service fees paragraph (2). of qualifying for the waiver. under subsections (b) and (c) and reporting, au- ‘‘(6) FEE ADJUSTMENT.—Effective for a covered ‘‘(iv) DOCUMENTATION.—An entity requesting diting, and accounting under this section. pesticide registration application received on or a waiver under this subparagraph shall provide ‘‘(b) FEES.— after October 1, 2005, the Administrator shall— to the Administrator— ‘‘(1) IN GENERAL.—Effective beginning on the ‘‘(A) increase by 5 percent the service fee pay- ‘‘(I) documentation demonstrating that the effective date of the Pesticide Registration Im- able for the application under paragraph (3); entity is a small business (as defined in section provement Act of 2003, the Administrator shall and ‘‘(B) publish in the Federal Register the re- 4(i)(5)(E)(ii)) at the time of application; and assess and collect covered pesticide registration ‘‘(II) if the entity is requesting a waiver of all service fees in accordance with this section. vised registration service fee schedule. ‘‘(7) WAIVERS AND REDUCTIONS.— registration service fees payable under this sec- ‘‘(2) COVERED PESTICIDE REGISTRATION APPLI- ‘‘(A) IN GENERAL.—An applicant for a covered tion, documentation demonstrating that the en- CATIONS.— pesticide registration may request the Adminis- tity has an average annual global gross reve- ‘‘(A) IN GENERAL.—An application for the reg- trator to waive or reduce the amount of a reg- nues described in section 4(i)(5)(E)(ii)(I)(bb) that istration of a pesticide covered by this Act that istration service fee payable under this section does not exceed $10,000,000, at the time of appli- is received by the Administrator on or after the under the circumstances described in subpara- cation. effective date of the Pesticide Registration Im- graphs (D) through (G). ‘‘(G) FEDERAL AND STATE AGENCY EXEMP- provement Act of 2003 shall be subject to a reg- ‘‘(B) DOCUMENTATION.— TIONS.—An agency of the Federal Government istration service fee under this section. ‘‘(i) IN GENERAL.—A request for a waiver from or a State government shall be exempt from cov- XISTING APPLICATIONS.— ‘‘(B) E or reduction of the registration service fee shall ered registration service fees under this section. ‘‘(i) IN GENERAL.—Subject to clause (ii), an be accompanied by appropriate documentation ‘‘(8) REFUNDS.— application for the registration of a pesticide demonstrating the basis for the waiver or reduc- ‘‘(A) EARLY WITHDRAWALS.—If, during the that was submitted to the Administrator before tion. first 60 days after the beginning of the applica- the effective date of the Pesticide Registration ‘‘(ii) CERTIFICATION.—The applicant shall ble decision time review period under subsection Improvement Act of 2003 and is pending on that provide to the Administrator a written certifi- (f)(3), a covered pesticide registration applica- effective date shall be subject to a service fee cation, signed by a responsible officer, that the tion is withdrawn by the applicant, the Admin- under this section if the application is for the documentation submitted to support the waiver istrator shall refund all but 10 percent of the registration of a new active ingredient that is or reduction request is accurate. total registration service fee payable under not listed in the Registration Division 2003 Work ‘‘(iii) INACCURATE DOCUMENTATION.—An ap- paragraph (3) for the application. Plan of the Office of Pesticide Programs of the plication shall be subject to the applicable reg- ‘‘(B) WITHDRAWALS AFTER THE FIRST 60 DAYS Environmental Protection Agency. istration service fee payable under paragraph OF DECISION REVIEW TIME PERIOD.— ‘‘(ii) TOLERANCE OR EXEMPTION FEES.—The (3) if, at any time, the Administrator determines ‘‘(i) IN GENERAL.—If a covered pesticide reg- amount of any fee otherwise payable for an ap- that— istration application is withdrawn after the first plication described in clause (i) under this sec- ‘‘(I) the documentation supporting the waiver 60 days of the applicable decision time review tion shall be reduced by the amount of any fees or reduction request is not accurate; or period, the Administrator shall determine what paid to support the related petition for a pes- ‘‘(II) based on the documentation or any other portion, if any, of the total registration service ticide tolerance or exemption under the Federal information, the waiver or reduction should not fee payable under paragraph (3) for the applica- Food, Drug, and Cosmetic Act (21 U.S.C. 301 et have been granted or should not be granted. tion may be refunded based on the proportion of seq.). ‘‘(C) DETERMINATION TO GRANT OR DENY RE- the work completed at the time of withdrawal. ‘‘(C) DOCUMENTATION.—An application sub- QUEST.—As soon as practicable, but not later ‘‘(ii) TIMING.—The Administrator shall— ject to a registration service fee under this sec- than 60 days, after the date on which the Ad- ‘‘(I) make the determination described in tion shall be submitted with documentation cer- ministrator receives a request for a waiver or re- clause (i) not later than 90 days after the date tifying— duction of a registration service fee under this the application is withdrawn; and ‘‘(i) payment of the registration service fee; or paragraph, the Administrator shall— ‘‘(II) provide any refund as soon as prac- ‘‘(ii) a request for a waiver from or reduction ‘‘(i) determine whether to grant or deny the ticable after the determination. of the registration service fee. request; and ‘‘(C) DISCRETIONARY REFUNDS.— ‘‘(3) SCHEDULE OF COVERED APPLICATIONS AND ‘‘(ii) notify the applicant of the determina- ‘‘(i) IN GENERAL.—In the case of a pesticide REGISTRATION SERVICE FEES.— tion. registration application that has been filed with ‘‘(A) IN GENERAL.—Not later than 30 days ‘‘(D) MINOR USES.— the Administrator and has not been withdrawn after the effective date of the Pesticide Registra- ‘‘(i) IN GENERAL.—The Administrator may by the applicant, but for which the Adminis- tion Improvement Act of 2003, the Administrator waive or reduce a registration service fee for an trator has not yet made a final determination, shall publish in the Federal Register a schedule application for minor uses for a pesticide. the Administrator may refund a portion of a of covered pesticide registration applications ‘‘(ii) SUPPORTING DOCUMENTATION.—An appli- covered registration service fee if the Adminis- and corresponding registration service fees. cant requesting a waiver under this subpara- trator determines that the refund is justified.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.079 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15019

‘‘(ii) BASIS.—The Administrator may provide a in fiscal year 2002) of the Office of Pesticide this section, the decision time review period be- refund for an application under this subpara- Programs of the Environmental Protection gins 21 days after the date on which the Admin- graph— Agency for the fiscal year (excluding the istrator receives the covered pesticide registra- ‘‘(I) on the basis that, in reviewing the appli- amount of any fees appropriated for the fiscal tion application. cation, the Administrator has considered data year) are equal to or greater than the amount of ‘‘(B) COMPLETENESS OF APPLICATION.—In con- submitted in support of another pesticide reg- appropriations for covered functions for fiscal ducting an initial screening of an application, istration application; or year 2002 (excluding the amount of any fees ap- the Administrator shall determine— ‘‘(II) on the basis that the Administrator com- propriated for the fiscal year). ‘‘(i) whether— pleted portions of the review of the application ‘‘(3) USE OF FEES.—Registration service fees ‘‘(I) the applicable registration service fee has before the effective date of this section. authorized by this section shall be available, in been paid; or ‘‘(D) CREDITED FEES.—In determining whether the aggregate, only to defray increases in the ‘‘(II) the application contains a waiver or re- to grant a refund under this paragraph, the Ad- costs associated with the review and decision- fund request; and ministrator shall take into account any portion making for the review of pesticide registration ‘‘(ii) whether the application— of the registration service fees credited under applications and associated tolerances (includ- ‘‘(I) contains all necessary forms, data, draft paragraph (2) or (4). ing increases in the number of full-time equiva- labeling, and, documentation certifying pay- ‘‘(c) PESTICIDE REGISTRATION FUND.— lent positions in the Environmental Protection ment of any registration service fee required ‘‘(1) ESTABLISHMENT.—There is established in Agency engaged in those activities) over the under this section; or the Treasury of the United States a Pesticide costs for fiscal year 2002, excluding costs paid ‘‘(II) establishes a basis for any requested Registration Fund to be used in carrying out from fees appropriated for the fiscal year. waiver or reduction. this section (referred to in this section as the ‘‘(4) COMPLIANCE.—The requirements of para- ‘‘(C) APPLICATIONS WITH WAIVER OR REDUC- ‘Fund’), consisting of— graph (2) shall have been considered to have TION REQUESTS.— ‘‘(A) such amounts as are deposited in the been met for any fiscal year if the amount of ap- ‘‘(i) IN GENERAL.—In the case of an applica- Fund under paragraph (2); propriations for salaries, contracts, and ex- tion submitted with a request for a waiver or re- ‘‘(B) any interest earned on investment of penses for the functions (as in existence in fiscal duction of registration service fees under sub- amounts in the Fund under paragraph (4); and year 2002) of the Office of Pesticide Programs of section (b)(7), the decision time review period ‘‘(C) any proceeds from the sale or redemption the Environmental Protection Agency for the shall be determined in accordance with this sub- of investments held in the Fund. fiscal year (excluding the amount of any fees paragraph. ‘‘(2) DEPOSITS IN FUND.—Subject to paragraph appropriated for the fiscal year) is not more ‘‘(ii) REQUEST GRANTED WITH NO ADDITIONAL (4), the Administrator shall deposit fees collected than 3 percent below the amount of appropria- FEES REQUIRED.—If the Administrator grants the under this section in the Fund. tions for covered functions for fiscal year 2002 waiver or reduction request and no additional ‘‘(3) EXPENDITURES FROM FUND.— (excluding the amount of any fees appropriated fee is required, the decision time review period ‘‘(A) IN GENERAL.—Subject to subparagraphs for the fiscal year). begins on the earlier of— (B) and (C) and paragraph (4), the Adminis- ‘‘(5) SUBSEQUENT AUTHORITY.—If the Adminis- ‘‘(I) the date on which the Administrator trator may make expenditures from the Fund— trator does not assess registration service fees grants the request; or ‘‘(i) to cover the costs associated with the re- under subsection (b) during any portion of a fis- ‘‘(II) the date that is 60 days after the date of view and decisionmaking pertaining to all appli- cal year as the result of paragraph (2) and is receipt of the application. cations for which registration service fees have subsequently permitted to assess the fees under ‘‘(iii) REQUEST GRANTED WITH ADDITIONAL been paid under this section; and subsection (b) during the fiscal year, the Admin- FEES REQUIRED.—If the Administrator grants the ‘‘(ii) to otherwise carry out this section. istrator shall assess and collect the fees, without waiver or reduction request, in whole or in part, ‘‘(B) WORKER PROTECTION.—For each of fiscal any modification in rate, at any time during the but an additional registration service fee is re- years 2004 through 2008, the Administrator shall fiscal year, notwithstanding any provisions of quired, the decision time review period begins on use approximately 1⁄17 of the amount in the subsection (b) relating to the date fees are to be the date on which the Administrator receives Fund (but not more than $1,000,000, and not less paid. certification of payment of the applicable reg- than $750,000, for any fiscal year) to enhance ‘‘(e) REFORMS TO REDUCE DECISION TIME RE- istration service fee. current scientific and regulatory activities re- VIEW PERIODS.—To the maximum extent prac- ‘‘(iv) REQUEST DENIED.—If the Administrator lated to worker protection. ticable consistent with the degrees of risk pre- denies the waiver or reduction request, the deci- ‘‘(C) NEW INERT INGREDIENTS.—For each of sented by pesticides and the type of review ap- sion time review period begins on the date on fiscal years 2004 and 2005, the Administrator propriate to evaluate risks, the Administrator which the Administrator receives certification of shall use approximately 1⁄34 of the amount in the shall identify and evaluate reforms to the pes- payment of the applicable registration service Fund (but not to exceed $500,000 for any fiscal ticide registration process under this Act with fee. year) for the review and evaluation of new inert the goal of reducing decision review periods in ‘‘(D) PENDING APPLICATIONS.— ingredients. effect on the effective date of the Pesticide Reg- ‘‘(i) IN GENERAL.—The start of the decision ‘‘(4) COLLECTIONS AND APPROPRIATIONS istration Improvement Act of 2003 for pesticide time review period for applications described in ACTS.—The fees authorized by this section and registration actions for covered pesticide reg- clause (ii) shall be the date on which the Ad- amounts deposited in the Fund— istration applications (including reduced risk ministrator receives certification of payment of ‘‘(A) shall be collected and made available for applications). the applicable registration service fee. obligation only to the extent provided in ad- ‘‘(f) DECISION TIME REVIEW PERIODS.— ‘‘(ii) APPLICATIONS.—Clause (i) applies to— vance in appropriations Acts; and ‘‘(1) IN GENERAL.—Not later than 30 days after ‘‘(I) covered pesticide registration applications ‘‘(B) shall be available without fiscal year the effective date of the Pesticide Registration for which voluntary fees have been paid under limitation. Improvement Act of 2003, the Administrator subsection (b)(4); and ‘‘(5) UNUSED FUNDS.—Amounts in the Fund shall publish in the Federal Register a schedule ‘‘(II) covered pesticide registration applica- not currently needed to carry out this section of decision review periods for covered pesticide tions received on or after the effective date of shall be— registration actions and corresponding registra- the Pesticide Registration Improvement Act of ‘‘(A) maintained readily available or on de- tion service fees under this Act. 2003 but submitted without the applicable reg- posit; ‘‘(2) REPORT.—The schedule shall be the same istration service fee required under this section ‘‘(B) invested in obligations of the United as the applicable schedule appearing in the due to the inability of the Administrator to as- States or guaranteed by the United States; or Congressional Record on pages S11631 through sess fees under subsection (d)(1). ‘‘(C) invested in obligations, participations, or S11633, dated September 17, 2003. ‘‘(E) 2003 WORK PLAN.—In the case of a cov- other instruments that are lawful investments ‘‘(3) APPLICATIONS SUBJECT TO DECISION TIME ered pesticide registration application listed in for fiduciary, trust, or public funds. REVIEW PERIODS.—The decision time review peri- the Registration Division 2003 Work Plan of the ‘‘(d) ASSESSMENT OF FEES.— ods specified in paragraph (1) shall apply to— Office of Pesticide Programs of the Environ- ‘‘(1) DEFINITION OF COVERED FUNCTIONS.—In ‘‘(A) covered pesticide registration applica- mental Protection Agency, the decision time re- this subsection, the term ‘covered functions’ tions subject to registration service fees under view period begins on the date that is 30 days means functions of the Office of Pesticide Pro- subsection (b)(2); after the effective date of the Pesticide Registra- grams of the Environmental Protection Agency, ‘‘(B) covered pesticide registration applica- tion Improvement Act of 2003. as identified in key programs and projects of the tions for which an applicant has voluntarily ‘‘(5) EXTENSION OF DECISION TIME REVIEW PE- final operating plan for the Environmental Pro- paid registration service fees under subsection RIOD.—The Administrator and the applicant tection Agency submitted as part of the budget (b)(4); and may mutually agree in writing to extend a deci- process for fiscal year 2002, regardless of any ‘‘(C) covered pesticide registration applica- sion time review period under this subsection. subsequent transfer of 1 or more of the functions tions listed in the Registration Division 2003 ‘‘(g) JUDICIAL REVIEW.— to another office or agency or the subsequent Work Plan of the Office of Pesticide Programs of ‘‘(1) IN GENERAL.—Any applicant adversely transfer of a new function to the Office of Pes- the Environmental Protection Agency. affected by the failure of the Administrator to ticide Programs. ‘‘(4) START OF DECISION TIME REVIEW PE- make a determination on the application of the ‘‘(2) MINIMUM AMOUNT OF APPROPRIATIONS.— RIOD.— applicant for registration of a new active ingre- Registration service fees may not be assessed for ‘‘(A) IN GENERAL.—Except as provided in sub- dient or new use for which a registration service a fiscal year under this section unless the paragraphs (C), (D), and (E), in the case of a fee is paid under this section may obtain judi- amount of appropriations for salaries, contracts, pesticide registration application accompanied cial review of the failure solely under this sec- and expenses for the functions (as in existence by the registration service fee required under tion.

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.079 S18PT1 S15020 CONGRESSIONAL RECORD — SENATE November 18, 2003

‘‘(2) SCOPE.— ‘‘(2) CONTENTS.—The report shall include— (2) by striking the items relating to sections 30 ‘‘(A) IN GENERAL.—In an action brought ‘‘(A) a review of the progress made in carrying and 31 and inserting the following: under this subsection, the only issue on review out each requirement of subsections (e) and (f), ‘‘Sec. 30. Minimum requirements for training of is whether the Administrator failed to make a including— maintenance applicators and ‘‘(i) the number of applications reviewed, in- determination on the application specified in service technicians. cluding the decision times for each application paragraph (1) by the end of the applicable deci- ‘‘Sec. 31. Environmental Protection Agency specified in subsection (f); sion time review period required under sub- minor use program. section (f) for the application. ‘‘(ii) the number of actions pending in each category of actions described in subsection ‘‘Sec. 32. Department of Agriculture minor use ‘‘(B) OTHER ACTIONS.—No other action au- program. thorized or required under this section shall be (f)(3), as well as the number of inert ingredients; ‘‘(iii) to the extent determined appropriate by ‘‘(a) In general. judicially reviewable by a Federal or State ‘‘(b)(1) Minor use pesticide data. court. the Administrator and consistent with the au- thorities of the Administrator and limitations on ‘‘(2) Minor Use Pesticide Data Revolving ‘‘(3) TIMING.— delegation of functions by the Administrator, Fund. ‘‘(A) IN GENERAL.—A person may not obtain ‘‘Sec. 33. Pesticide registration service fees. judicial review of the failure of the Adminis- recommendations for— ‘‘(I) expanding the use of self-certification in ‘‘(a) Definition of costs. trator to make a determination on the applica- all appropriate areas of the registration process; ‘‘(b) Fees. tion specified in paragraph (1) before the expira- ‘‘(II) providing for accreditation of outside re- ‘‘(1) In general. tion of the 2-year period that begins on the date viewers and the use of outside reviewers to con- ‘‘(2) Covered pesticide registration applica- on which the decision time review period for the duct the review of major portions of applica- tions. application ends. tions; and ‘‘(3) Schedule of covered applications and ‘‘(B) MEETING WITH ADMINISTRATOR.—To be ‘‘(III) reviewing the scope of use of the notifi- registration service fees. eligible to seek judicial review under this sub- cation process to cover broader categories of reg- ‘‘(4) Pending pesticide registration applica- section, a person seeking the review shall first istration actions; and tions. request in writing, at least 120 days before filing ‘‘(iv) the use of performance-based contracts, ‘‘(5) Resubmission of pesticide registration the complaint for judicial review, a decision re- other contracts, and procurement to ensure applications. view meeting with the Administrator. that— ‘‘(6) Fee adjustment. ‘‘(4) REMEDIES.—The Administrator may not ‘‘(I) the goals of this Act for the timely review ‘‘(7) Waivers and reductions. be required or permitted to refund any portion of applications for registration are met; and ‘‘(8) Refunds. of a registration service fee paid in response to ‘‘(II) the registration program is administered ‘‘(c) Pesticide Registration Fund. a complaint that the Administrator has failed to in the most productive and cost effective manner ‘‘(1) Establishment. make a determination on the covered pesticide practicable; ‘‘(2) Transfers to Fund. registration application specified in paragraph ‘‘(B) a description of the staffing and re- ‘‘(3) Expenditures from Fund. (1) by the end of the applicable decision review sources relating to the costs associated with the ‘‘(4) Collections and appropriations Acts. period. review and decisionmaking pertaining to appli- ‘‘(5) Unused funds. ‘‘(h) ACCOUNTING.—The Administrator shall— cations; and ‘‘(d) Assessment of fees. ‘‘(C) a review of the progress in meeting the ‘‘(1) provide an annual accounting of the reg- ‘‘(1) Definition of covered functions. istration service fees paid to the Administrator timeline requirements of section 4(g). ‘‘(2) Minimum amount of appropriations. ‘‘(3) METHOD.—The Administrator shall pub- and disbursed from the Fund, by providing fi- ‘‘(3) Use of fees. lish a report required by this subsection by such nancial statements in accordance with— ‘‘(4) Compliance. method as the Administrator determines to be ‘‘(A) the Chief Financial Officers Act of 1990 ‘‘(5) Subsequent authority. the most effective for efficiently disseminating (Public Law 101–576; 104 Stat. 2838) and amend- ‘‘(e) Reforms to reduce decision time review the report, including publication of the report ments made by that Act; and periods. on the Internet site of the Environmental Pro- ‘‘(B) the Government Management Reform Act ‘‘(f) Decision time review periods. tection Agency. of 1994 (Public Law 103–356; 108 Stat. 3410) and ‘‘(1) In general. ‘‘(l) SAVINGS CLAUSE.—Nothing in this section amendments made by that Act; ‘‘(2) Report. affects any other duties, obligations, or authori- ‘‘(2) provide an accounting describing expend- ‘‘(3) Applications subject to decision time re- ties established by any other section of this Act, itures from the Fund authorized under sub- view periods. including the right to judicial review of duties, section (c); and ‘‘(4) Start of decision time review period. obligations, or authorities established by any ‘‘(3) provide an annual accounting describing ‘‘(5) Extension of decision time review pe- other section of this Act. collections and expenditures authorized under riod. subsection (d). ‘‘(m) TERMINATION OF EFFECTIVENESS.— ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(g) Judicial review. ‘‘(i) AUDITING.— graph (2), the authority provided by this section ‘‘(1) In general. ‘‘(1) FINANCIAL STATEMENTS OF AGENCIES.— ‘‘(2) Scope. For the purpose of section 3515(c) of title 31, terminates on September 30, 2008. ‘‘(2) PHASE OUT.— ‘‘(3) Timing. United States Code, the Fund shall be consid- ‘‘(A) FISCAL YEAR 2009.—During fiscal year ‘‘(4) Remedies. ered a component of an executive agency. 2009, the requirement to pay and collect reg- ‘‘(h) Accounting. ‘‘(2) COMPONENTS.—The annual audit re- istration service fees applies, except that the ‘‘(i) Auditing. quired under sections 3515(b) and 3521 of that level of registration service fees payable under ‘‘(1) Financial statements of agencies. title of the financial statements of activities this section shall be reduced 40 percent below ‘‘(2) Components. under this section shall include an analysis of— the level in effect on September 30, 2008. ‘‘(3) Inspector General. ‘‘(A) the fees collected under subsection (b) ‘‘(B) FISCAL YEAR 2010.—During fiscal year ‘‘(j) Personnel levels. and disbursed; 2010, the requirement to pay and collect reg- ‘‘(k) Reports. ‘‘(B) compliance with subsection (f); istration service fees applies, except that the ‘‘(1) In general. ‘‘(C) the amount appropriated to meet the re- level of registration service fees payable under ‘‘(2) Contents. quirements of subsection (d)(1); and this section shall be reduced 70 percent below ‘‘(l) Savings clause. ‘‘(D) the reasonableness of the allocation of the level in effect on September 30, 2008. ‘‘(m) Termination of effectiveness. the overhead allocation of costs associated with ‘‘(C) SEPTEMBER 30, 2010.—Effective September ‘‘(1) In general. the review and decisionmaking pertaining to ap- 30, 2010, the requirement to pay and collect reg- ‘‘(2) Phase out. plications under this section. istration service fees terminates. ‘‘Sec. 34. Severability. ‘‘(3) INSPECTOR GENERAL.—The Inspector Gen- ‘‘(D) DECISION REVIEW PERIODS.— ‘‘Sec. 35. Authorization for appropriations.’’. eral of the Environmental Protection Agency ‘‘(i) PENDING APPLICATIONS.—In the case of an (h) EFFECTIVE DATE.—Except as otherwise shall— application received under this section before provided in this section and the amendments ‘‘(A) conduct the annual audit required under September 30, 2008, the application shall be re- made by this section, this section and the this subsection; and viewed in accordance with subsection (f). amendments made by this section take effect on ‘‘(B) report the findings and recommendations ‘‘(ii) NEW APPLICATIONS.—In the case of an the date that is 60 days after the date of enact- of the audit to the Administrator and to the ap- application received under this section on or ment of this Act. propriate committees of Congress. after September 30, 2008, subsection (f) shall not SEC. 502. It is the sense of the Senate that ‘‘(j) PERSONNEL LEVELS.—All full-time equiva- apply to the application.’’. human dosing studies of pesticides raises ethical lent positions supported by fees authorized and (g) CONFORMING AMENDMENTS.—The table of and health questions. collected under this section shall not be counted contents in section 1(b) of the Federal Insecti- This Act may be cited as the ‘‘Departments of against the agency-wide personnel level goals of cide, Fungicide, and Rodenticide Act (7 U.S.C. Veterans Affairs and Housing and Urban Devel- the Environmental Protection Agency. prec. 136) is amended— opment, and Independent Agencies Appropria- ‘‘(k) REPORTS.— (1) by striking the item relating to section tions Act, 2004’’. ‘‘(1) IN GENERAL.—Not later than March 1, 4(k)(3) and inserting the following: Mr. BOND. I move to reconsider the 2005, and each March 1 thereafter through ‘‘(3) Review of inert ingredients; March 1, 2009, the Administrator shall publish expedited processing of simi- vote. an annual report describing actions taken under lar applications.’’; Ms. MIKULSKI. I move to lay that this section. and motion on the table.

VerDate jul 14 2003 04:31 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.079 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15021 The motion to lay on the table was through for the District as well as for The first myth is: The voucher pro- agreed to. the Nation. posal does not drain money from public Mr. BOND. I ask unanimous consent I wanted to begin by complimenting schools or from other Federal prior- the Senate insist upon its amendment, him and also say, second, there are ities, that this is ‘‘new’’ money. request a conference with the House on some terrific new initiatives in this For the record, the $40 million used the disagreeing votes, and the Chair be bill, very much needed. One, led by to pay for this three-pronged ap- authorized to appoint conferees on the Senator DEWINE, is the continued ef- proach—of which a third is for vouch- part of the Senate. fort to reform the foster care system, ers—was taken from the Commerce- The PRESIDING OFFICER. Without first acknowledging the Mayor himself Justice-State bill. In other words, that objection, it is so ordered. has taken quite a leadership role and is $39 million less spent on law enforce- The Presiding Officer appointed Mr. has appointed very able leaders in the ment, homeland security, or health BOND, Mr. BURNS, Mr. SHELBY, Mr. District to take a system that is bro- care. CRAIG, Mr. DOMENICI, Mr. DEWINE, Mrs. ken, that was in many ways com- Again, this is not new money. There HUTCHISON, Mr. STEVENS, Ms. MIKUL- pletely dysfunctional, and to begin to were no new taxes raised. There were SKI, Mr. LEAHY, Mr. HARKIN, Mr. BYRD, bring framework, parameters, results no new taxes identified to pay for this. Mr. JOHNSON, Mr. REID, and Mr. INOUYE to it which will literally save chil- This $39 million came out of already conferees on the part of the Senate. dren’s lives, heal families, and find existing Federal revenues that are now Mr. BOND. I suggest the absence of a homes for children who have no homes. going to fund vouchers for 1,500 chil- quorum. Senator DEWINE and I believe, along dren in the District of Columbia. It is with Mayor Williams, there is no such The PRESIDING OFFICER. The not new money. It is coming from the thing as an unwanted child; there are clerk will call the roll. Commerce-Justice-State bill. I contend just unfound families. There are indeed The assistant legislative clerk pro- unless a new tax is raised at the Fed- families not only in the District of Co- ceeded to call the roll. eral level or in the District of Colum- lumbia but around the Nation which Mr. BOND. Mr. President, I ask unan- bia, it is not new money. It is a myth. are in need of our assistance, our char- imous consent that the order for the The next myth I would like to put to ity, our help, and our care. When we quorum call be rescinded. rest is the voucher proposal is limited cannot heal a family and keep them The PRESIDING OFFICER. Without to children in failing schools. Some of strong to raise the children born to objection, it is so ordered. us who have opposed this proposal, them, it is our responsibility to find a without certain amendments, have f new family for that child or that sib- continued to say—not everybody on DISTRICT OF COLUMBIA ling as quickly as possible. We will not the Democratic side, for sure, but I APPROPRIATIONS ACT, 2004 stop until it is achieved. Senator have said, as the ranking member, I Mr. BOND. Mr. President, I ask unan- DEWINE has provided some additional framework in which to make that pos- could support a program that had full imous consent that the Senate now re- accountability and was aimed at help- sume consideration of H.R. 2765, the sible. In addition, I am very pleased, along ing children in failing schools. Why? D.C. Appropriations bill; further, that with Senator BYRD, who chaired this Because it is not their fault the schools an amendment that is at the desk re- committee for many years, that there have failed. It is our fault. It is not garding title II be agreed to, the mo- is also a critical infrastructure piece necessarily their parents’ fault, be- tion to reconsider be laid upon the which indicates we as a Congress have cause parents do not run the schools. table. I further ask that the substitute a responsibility, in that the District is Parents are busy trying to run their amendment then be agreed to, the bill not a State, it does not have a State households, take care of their children, be read the third time and passed, the government but it has the same needs, and sometimes work two or three jobs. motion to reconsider be laid upon the and Congress has stepped up for infra- If we have failed the children, then let table; provided further that the Senate structure investments in the District us give them help as we reconstitute then insist on its amendment, request which benefit the whole region—Mary- those schools under the new account- a conference with the House, and the land and Virginia as well. One of the ability proposal, and give them some Chair be authorized to appoint con- primary projects we have funded is the temporary help to move to a school ferees on the part of the Senate. cleanup of the Anacostia waterway that might be performing. Ms. LANDRIEU. Reserving the right which affects the region. It is a major I offered that proposal. It was re- to object, I do intend to make a few environmental project getting tremen- jected. This proposal is not limited or brief remarks and then will not object dous help and support in this bill. designed specifically for children in to the unanimous consent, but I would The security enhancements for emer- failing schools because the power be- like to speak for as much time as I gency planning for the District, I need hind this wants to undermine public might consume. Hopefully, it will not not tell of its importance. It is in the schools, not help poor children in fail- be more than about 7 to 10 minutes. Nation’s Capital, under the threat of ing schools. That is the truth. The PRESIDING OFFICER. The Sen- terror, that we continue to function. The fact is, there is nothing in this ator is recognized on her reservation. We know how important that is. I language that prevents a child enrolled Ms. LANDRIEU. Mr. President, I first begin with compliments to the Chair in a high-performing public school or a compliment Senator DEWINE for the for including these and many other private school, for that matter, from outstanding job he has done. He is in a provisions. attending a private school at public ex- meeting and is not in the Senate at I take the next 5 minutes to lay down pense. this moment, but we have worked some other important points regarding Let me repeat, there is nothing in closely together in our capacity now as the most contentious issue in this bill. the language the Republican majority chair and ranking member, as when I This issue was at the core or center of is pushing that prevents a child en- chaired the committee and he served as the debate over the future of public rolled in a high-performing public or the ranking member. We have worked education in the United States of private school from attending a private together through many different America. It has to do with a proposal school at public expense, with no ac- issues. I cannot say enough about his of vouchers, taking money from public countability to the public taxpayer. commitment to helping steer a bill schools to send children to private The third myth is this is not just a that in many instances is conten- schools. That issue is the center of de- voucher demonstration program; it is a tious—not necessarily because of any- bate over the future of public schools balanced, three-pronged approach for thing related to the District of Colum- in America. It is that issue, unfortu- school improvement. bia specifically, but of other ideas and nately, because of the nature of the The fact is, in the language pushed ideologies that sometimes find their process in the Senate, which is going to by the Republican majority, the only way into this bill. He and I are both be put into the omnibus appropriations part of this three-pronged demonstra- very sensitive to that and support the bill. I want to go on record as strongly tion program that is authorized to re- new leadership team of the District and objecting to it once again and to set ceive funding for more than 1 year is have tried our best to steer this bill the myths from the facts. the voucher portion. What is more, the

VerDate jul 14 2003 03:38 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.040 S18PT1 S15022 CONGRESSIONAL RECORD — SENATE November 18, 2003 only one that will be evaluated for suc- end, we actually knew and had the funds, including any interest accrued thereon, cess at the end of 5 years is the voucher tight evaluation that would tell us may be used on behalf of eligible District of Co- program. some answers the country would be lumbia residents to pay an amount based upon First, let me say the only part of this the difference between in-State and out-of-State very interested in knowing. That lan- tuition at public institutions of higher edu- demonstration program that is author- guage was dropped. cation, or to pay up to $2,500 each year at eligi- ized in this bill to receive funding for There were some of us who said, if ac- ble private institutions of higher education: Pro- more than 1 year is for vouchers. My countability was part of this, as the ad- vided further, That the awarding of such funds opponents will say: Senator, the other ministration promised—account- may be prioritized on the basis of a resident’s funding is authorized in other parts of ability, not just to the parents, and not academic merit, the income and need of eligible the education bill. That may be cor- just responsibility to students, but ac- students and such other factors as may be au- rect. Technically, it is correct. But in countability to the taxpayers who pick thorized: Provided further, That the District of Columbia government shall maintain a dedi- this proposal—that has been sold, and up millions and millions of dollars— cated account for the Resident Tuition Support sold again, once, twice, and sold as a billions of dollars—in education ex- Program that shall consist of the Federal funds three-pronged approach—this language penses—they want to know, is their appropriated to the Program in this Act and only has one prong that is authorized money working. But the authors—not any subsequent appropriations, any unobligated and funded, and that is vouchers. That Senator DEWINE, the chairman, but balances from prior fiscal years, and any inter- is a fact, and that is wrong. others who have pushed this—are obvi- est earned in this or any fiscal year: Provided What is more, the proponents will ously not interested in letting the tax- further, That the account shall be under the say at least one good thing at the end control of the District of Columbia Chief Finan- payers know if their money is actually cial Officer who shall use those funds solely for of this 5-year ‘‘demonstration project’’ accomplishing anything, because the the purposes of carrying out the Resident Tui- is, we will know definitively whether test language and the accountability tion Support Program: Provided further, That vouchers work or not. The fact is, Sen- language has been dropped. It is a false the Resident Tuition Support Program Office ator CARPER and I, who tried to nego- hope. and the Office of the Chief Financial Officer tiate a compromise, felt strongly that I will conclude. When we make prom- shall provide a quarterly financial report to the would be a very good benefit to know ises to people with power and money Committees on Appropriations of the House of finally. Cleveland and Milwaukee have Representatives and Senate for these funds and status, and we do not keep those showing, by object class, the expenditures made demonstrated with this. There is so promises, that is bad enough. But when and the purpose therefor: Provided further, much misinformation. We said, at least we offer false hope to children who That not more than 7 percent of the total it would be worth it to our Democrats have very little, to families which have amount appropriated for this program may be who oppose it and to Republicans who been discriminated against, to poor used for administrative expenses. think vouchers are the answer, the people who have little, and we fail to FEDERAL PAYMENT FOR EMERGENCY PLANNING only answer, to public schools in the keep those promises, that is a sin in- AND SECURITY COSTS IN THE DISTRICT OF CO- Nation, and that is what they want. I deed. We should be ashamed of the ac- LUMBIA think they are wrong. We said, let’s tions that represent this bill today. For necessary expenses, as determined by the have a comprehensive demonstration I withdraw my objection to the unan- Mayor of the District of Columbia in written program. But this language does not consultation with the elected county or city offi- imous consent request. cials of surrounding jurisdictions, $15,000,000, to have the evaluation language. It The PRESIDING OFFICER. Without remain available until expended, to reimburse dropped the evaluation language. The objection, it is so ordered. the District of Columbia for the costs of public only thing we will know is, do children The amendment (No. 2201) was agreed safety expenses related to security events in the who receive vouchers do better in high- to, as follows: District of Columbia and for the costs of pro- viding support to respond to immediate and spe- er performing private schools than AMENDMENT NO. 2201 TO AMENDMENT NO. 1783 cific terrorist threats or attacks in the District of they did in poorly performing public Strike all of title II, beginning on page 14, schools? I would suggest we already Columbia or surrounding jurisdictions: Pro- line 17, and ending on page 33, line 14. vided, That any amount provided under this know the answer to that. We do not On page 13, line 21, strike ‘‘40,000,000’’ and heading shall be available only after notice of have to spend $13 million of taxpayer insert ‘‘27,000,000’’. its proposed use has been transmitted by the money that is unaccountable to find On page 14, line 1, strike all after the semi- President to Congress and such amount has out. We already know the answer to colon until the end of the heading. been apportioned pursuant to chapter 15 of title that. On page 9, line 19, strike ‘‘20,000,000’’ and 31, United States Code. insert ‘‘33,000,000’’. What we do not know the answer to FEDERAL PAYMENT FOR HOSPITAL BIOTER- is if children are given vouchers to The amendment (No. 1783) in the na- RORISM PREPAREDNESS IN THE DISTRICT OF leave a low-performing public school to ture of a substitute, as amended, was COLUMBIA go to a higher performing private agreed to. For a Federal payment to support hospital school, or if those same children are The bill (H.R. 2765), as amended, was bioterrorism preparedness in the District of Co- given a chance in a higher performing read the third time and passed, as fol- lumbia, $10,000,000, of which $7,000,000 shall be lows: for the Children’s National Medical Center in public school, or if those same children the District of Columbia for the expansion of are given a chance in a higher per- Resolved, That the bill from the House of quarantine facilities and the establishment of a forming public charter school, do they Representatives (H.R. 2765) entitled ‘‘An Act decontamination facility, and $3,000,000 shall be do essentially better? Does the voucher making appropriations for the government of for the Washington Hospital Center for con- the District of Columbia and other activities struction of containment facilities. itself, the essence of the voucher itself, chargeable in whole or in part against the FEDERAL PAYMENT TO THE DISTRICT OF have any bearing on the academic revenues of said District for the fiscal year COLUMBIA COURTS achievement of the child? That we do ending September 30, 2004, and for other pur- not know, and we will not find out, poses.’’, do pass with the following amend- For salaries and expenses for the District of thanks to the language that is in this ment: Columbia Courts, $172,104,000, to be allocated as bill. Strike out all after the enacting clause and follows: for the District of Columbia Court of The fourth myth is: At the end of insert: Appeals, $8,775,000, of which not to exceed That the following sums are appropriated, out $1,500 is for official reception and representation this 5-year demonstration program, we expenses; for the District of Columbia Superior will finally know if vouchers are a so- of any money in the Treasury not otherwise ap- propriated, for the District of Columbia and re- Court, $83,387,000, of which not to exceed $1,500 lution. I spoke about that. lated agencies for the fiscal year ending Sep- is for official reception and representation ex- The fifth myth is: Vouchers help to tember 30, 2004, and for other purposes, namely: penses; for the District of Columbia Court Sys- tem, $40,006,000, of which not to exceed $1,500 is improve student achievement. We will TITLE I—FEDERAL FUNDS not know that after 5 years because of for official reception and representation ex- FEDERAL PAYMENT FOR RESIDENT TUITION the language that was taken out. penses; and $39,936,000 for capital improvements SUPPORT In conclusion, there were some of us for District of Columbia courthouse facilities: willing to support a true three-pronged For a Federal payment to the District of Co- Provided, That funds made available for capital lumbia, to be deposited into a dedicated ac- improvements shall be expended consistent with demonstration program. This is only count, for a nationwide program to be adminis- the General Services Administration master plan one prong. There were some of us who tered by the Mayor, for District of Columbia study and building evaluation report: Provided would be willing to say we could go resident tuition support, $17,000,000, to remain further, That notwithstanding any other provi- through the demonstration if, at the available until expended: Provided, That such sion of law, all amounts under this heading

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 6333 E:\CR\FM\G18NO6.042 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15023

shall be apportioned quarterly by the Office of penses relating to the supervision of adults sub- FEDERAL PAYMENT TO THE DISTRICT OF Management and Budget and obligated and ex- ject to protection orders or the provision of serv- COLUMBIA FOR CAPITAL DEVELOPMENT pended in the same manner as funds appro- ices for or related to such persons; of which For a Federal payment to the District of Co- priated for salaries and expenses of other Fed- $25,210,000 shall be transferred to the Public De- lumbia for capital development, $5,000,000, to re- eral agencies, with payroll and financial serv- fender Service for the District of Columbia to in- main available until expended, for the Unified ices to be provided on a contractual basis with clude expenses relating to the provision of legal Communications Center. the General Services Administration (GSA), said representation and including related services FEDERAL PAYMENT TO CHILDREN’S NATIONAL services to include the preparation of monthly provided to the local courts and Criminal Justice MEDICAL CENTER financial reports, copies of which shall be sub- Act bar; and of which $37,411,000 shall be avail- mitted directly by GSA to the President and to able to the Pretrial Services Agency: Provided, For a Federal payment to Children’s National the Committees on Appropriations of the House That notwithstanding any other provision of Medical Center, $10,000,000, for construction of Representatives and Senate, the Committee law, all amounts under this heading shall be ap- costs associated with the expansion of a neo- on Government Reform of the House of Rep- portioned quarterly by the Office of Manage- natal care unit, pediatric intensive care unit, resentatives, and the Committee on Govern- ment and Budget and obligated and expended in and cardiac intensive care unit. mental Affairs of the Senate: Provided further, the same manner as funds appropriated for sal- FEDERAL PAYMENT TO ST. COLETTA OF GREATER That funds made available for capital improve- aries and expenses of other Federal agencies: WASHINGTON EXPANSION PROJECT ments may remain available until September 30, Provided further, That notwithstanding chapter For a Federal payment to St. Coletta of Great- 2005: Provided further, That 30 days after pro- 33 of title 40, United States Code, the Director er Washington, Inc., $2,000,000, for costs associ- viding written notice to the Committees on Ap- shall acquire by purchase, lease, condemnation, ated with establishment of a day program and propriations of the House of Representatives or donation, and renovate as necessary, Build- comprehensive case management services for and Senate, the District of Columbia Courts may ing Number 17, 1900 Massachusetts Avenue, mentally retarded and multiple-handicapped reallocate not more than $1,000,000 of the funds Southeast, Washington, District of Columbia to adolescents and adults in the District of Colum- provided under this heading among the items house or supervise offenders and defendants, bia, including property acquisition and con- and entities funded under such heading. with funds made available for this purpose in struction. DEFENDER SERVICES IN DISTRICT OF COLUMBIA Public Law 107–96: Provided further, That the FEDERAL PAYMENT FOR FOSTER CARE COURTS Director is authorized to accept and use gifts in IMPROVEMENTS IN THE DISTRICT OF COLUMBIA For payments authorized under section 11– the form of in-kind contributions of space and 2604 and section 11–2605, D.C. Official Code (re- hospitality to support offender and defendant For a Federal payment to the District of Co- lating to representation provided under the Dis- programs, and equipment and vocational train- lumbia for foster care improvements, $14,000,000: trict of Columbia Criminal Justice Act), pay- ing services to educate and train offenders and Provided, That $9,000,000 shall be for the Child ments for counsel appointed in adoption pro- defendants: Provided further, That the Director and Family Services Agency, of which $2,000,000 ceedings under Chapter 3 of title 16, D.C. Code, shall keep accurate and detailed records of the shall be to establish an early intervention unit payments for counsel appointed in proceedings acceptance and use of any gift or donation to provide intensive and immediate services for in the Family Court of the Superior Court of the under the previous proviso, and shall make such foster children; of which $1,000,000 shall be to District of Columbia under chapter 23 of title 16, records available for audit and public inspec- establish an emergency support fund to pur- D.C. Official Code or pursuant to a contract tion: Provided further, That the Director is au- chase items necessary to allow children to re- with a non-profit organization to provide thorized to accept appropriation reimbursements main in the care of an approved family member; guardian ad litem representation, training, from the District of Columbia Government for of which $3,000,000 shall be for a loan repay- technical assistance and such other services as space and services provided on a cost reimburs- ment program for social workers who meet cer- are necessary to improve the quality of guardian able basis: Provided further, That these reim- tain agency-established requirements; of which ad litem representation, and payments for coun- bursements are subject to approved apportion- $3,000,000 shall be to upgrade the agency’s com- sel authorized under section 21–2060, D.C. Offi- ments from the Office of Management and puter database to a web-based technology and cial Code (relating to representation provided Budget. to provide computer technology for social work- under the District of Columbia Guardianship, ers: Provided further, That $3,900,000 shall be FEDERAL PAYMENT TO THE CHIEF FINANCIAL Protective Proceedings, and Durable Power of for the Department of Mental Health to provide OFFICER OF THE DISTRICT OF COLUMBIA Attorney Act of 1986), $32,000,000, to remain all court-ordered mental health assessments and available until expended: Provided, That funds For a Federal payment to the Chief Financial treatments for children under the supervision of provided under this heading shall be adminis- Officer of the District of Columbia, $33,000,000: the Child and Family Services Agency: Provided tered by the Joint Committee on Judicial Admin- Provided, That these funds shall be available further, That the Director of the Department of istration in the District of Columbia: Provided for the projects and in the amounts specified in Mental Health shall ensure that court-ordered further, That notwithstanding any other provi- the statement of the managers on the conference mental health assessments are completed within sion of law, this appropriation shall be appor- report accompanying this Act: Provided further, 15 days of the court order and that all assess- tioned quarterly by the Office of Management That each entity that receives funding under ments be provided to the Court within 5 days of and Budget and obligated and expended in the this heading shall submit to the Committees on completion of the assessment: Provided further, same manner as funds appropriated for expenses Appropriations of the House of Representatives That the Director shall initiate court-ordered of other Federal agencies, with payroll and fi- and Senate a report due March 15, 2004, on the mental health services within 10 days of the nancial services to be provided on a contractual activities carried out with such funds. issuance of an order: Provided further, That $1,100,000 shall be for the Washington Metro- basis with the General Services Administration FEDERAL PAYMENT FOR TRANSPORTATION politan Council of Governments to develop a (GSA), said services to include the preparation ASSISTANCE of monthly financial reports, copies of which program to provide respite care for and recruit- shall be submitted directly by GSA to the Presi- For a Federal payment to the District of Co- ment of foster parents: Provided further, That dent and to the Committees on Appropriations lumbia Department of Transportation, the Mayor shall submit a detailed expenditure of the House of Representatives and Senate, the $3,500,000, of which $500,000 shall be allocated to plan for the use of funds provided under this Committee on Government Reform of the House implement a downtown circulator transit sys- heading within 15 days of enactment of this leg- of Representatives, and the Committee on Gov- tem, and of which $3,000,000 shall be to offset a islation to the Committees on Appropriations of ernmental Affairs of the Senate. portion of the District of Columbia’s allocated the House of Representatives and Senate: Pro- operating subsidy payment to the Washington FEDERAL PAYMENT TO THE COURT SERVICES AND vided further, That the funds provided under Metropolitan Area Transit Authority. OFFENDER SUPERVISION AGENCY FOR THE DIS- this heading shall not be made available until 30 TRICT OF COLUMBIA FEDERAL PAYMENT TO THE DISTRICT OF calendar days after the submission to Congress of a spending plan: Provided further, That no (INCLUDING TRANSFER OF FUNDS) COLUMBIA WATER AND SEWER AUTHORITY part of this appropriation may be used for con- For salaries and expenses, including the For a Federal payment to the District of Co- tractual community-based services: Provided transfer and hire of motor vehicles, of the Court lumbia Water and Sewer Authority, $25,000,000, further, That the Comptroller General shall pre- Services and Offender Supervision Agency for to remain available until expended, to continue pare and submit to the Committees on Appro- the District of Columbia, and the Public De- implementing the Combined Sewer Overflow priations of the House and Senate an account- fender Service for the District of Columbia as Long-Term Control Plan: Provided, That the ing of all obligations and expenditures of the authorized by the National Capital Revitaliza- District of Columbia Water and Sewer Authority funds provided under this heading: Provided tion and Self-Government Improvement Act of provides a 100 percent match for the fiscal year further, That the Comptroller General shall ini- 1997, $173,396,000, of which not to exceed $25,000 2004 Federal contribution. tiate management reviews of the Child and is for dues and assessments relating to the im- Family Services Agency and the Department of plementation of the Court Services and Offender FEDERAL PAYMENT FOR THE ANACOSTIA WATER- Mental Health and submit a report to the Com- Supervision Agency Interstate Supervision Act FRONT INITIATIVE IN THE DISTRICT OF COLUM- mittees on Appropriations of the House and Sen- of 2002, of which not to exceed $2,000 is for offi- BIA ate no later than 6 months after enactment of cial receptions and representation expenses re- For a Federal payment to the District of Co- this Act. lated to Community and Pretrial Services Agen- lumbia Department of Transportation, for imple- cy Programs; of which $110,775,000 shall be for mentation of the Anacostia Waterfront Initia- FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT necessary expenses of Community Supervision tive, $6,000,000, to remain available until ex- For a Federal payment for a School Improve- and Sex Offender Registration, to include ex- pended. ment Program in the District of Columbia,

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 S15024 CONGRESSIONAL RECORD — SENATE November 18, 2003 $27,000,000, to be allocated as follows: for the withstanding any other provision of law, or withstanding any other provision of law, rule, State Education Office, $13,000,000 to improve Mayor’s Order 86–45, issued March 18, 1986, the or regulation, the evaluation process and instru- public school education in the District of Colum- Office of the Chief Technology Officer’s dele- ments for evaluating District of Columbia Public bia; for the State Education Office, $13,000,000 gated small purchase authority shall be School employees shall be a non-negotiable item to expand quality charter schools in the District $500,000: Provided further, That the District of for collective bargaining purposes: Provided fur- of Columbia. Columbia government may not require the Office ther, That this appropriation shall not be avail- AUTHORIZATION OF APPROPRIATIONS of the Chief Technology Officer to submit to any able to subsidize the education of any non- There are authorized to be appropriated to other procurement review process, or to obtain resident of the District of Columbia at any Dis- carry out this Act such sums as may be nec- the approval of or be restricted in any manner trict of Columbia public elementary or sec- essary. by any official or employee of the District of Co- ondary school during fiscal year 2004, unless the lumbia government, for purchases that do not nonresident pays tuition to the District of Co- TITLE II—DISTRICT OF COLUMBIA FUNDS exceed $500,000: Provided further, That an lumbia at a rate that covers 100 percent of the OPERATING EXPENSES amount not to exceed $25,000 of the funds in the costs incurred by the District of Columbia that DIVISION OF EXPENSES Antifraud Fund established pursuant to section are attributable to the education of the non- The following amounts are appropriated for 820 of the District of Columbia Procurement resident (as established by the Superintendent the District of Columbia for the current fiscal Practices Act of 1985, effective May 8, 1998 (D.C. of the District of Columbia Public Schools): Pro- year out of the general fund of the District of Law 12–104; D.C. Official Code, sec. 2–308.20), is vided further, That notwithstanding the Columbia, except as otherwise specifically pro- hereby made available, to remain available until amounts otherwise provided under this heading vided: Provided, That notwithstanding any expended, for the use of the Office of the Cor- or any other provision of law, there shall be ap- other provision of law, except as provided in poration Counsel of the District of Columbia in propriated to the District of Columbia Public section 450A of the District of Columbia Home accordance with the laws establishing this fund. Schools on July 1, 2004, an amount equal to 10 percent of the total amount provided for the Rule Act and provisions of this Act (D.C. Offi- ECONOMIC DEVELOPMENT AND REGULATION cial Code, sec. 1–204.50a), the total amount ap- District of Columbia Public Schools in the pro- Economic development and regulation, propriated in this Act for operating expenses for posed budget of the District of Columbia for fis- $276,647,000 (including $53,336,000 from local the District of Columbia for fiscal year 2004 cal year 2005 (as submitted to Congress), and the funds, $91,077,000 from Federal funds, $125,000 under this heading shall not exceed the lesser of amount of such payment shall be chargeable from private funds, and $132,109,000 from other the sum of the total revenues of the District of against the final amount provided for the Dis- funds), of which $15,000,000 collected by the Dis- Columbia for such fiscal year or $6,326,138,000 trict of Columbia Public Schools under the Dis- trict of Columbia in the form of BID tax revenue (of which $3,832,734,000 shall be from local funds trict of Columbia Appropriations Act, 2005: Pro- shall be paid to the respective BIDs pursuant to (of which $96,248,000 shall be funds identified in vided further, That not to exceed $2,500 for the the Business Improvement Districts Act of 1996 the fiscal year 2002 comprehensive annual fi- Superintendent of Schools shall be available (D.C. Law 11–134; D.C. Official Code, sec. 2– nancial report as the District of Columbia’s from this appropriation for official purposes: 1215.01 et seq.), and the Business Improvement fund balance funds), $1,568,734,000 shall be from Provided further, That the District of Columbia Districts Amendment Act of 1997 (D.C. Law 12– Federal grant funds, $13,766,000 shall be from Public Schools shall submit to the Board of Edu- 26; D.C. Official Code, sec. 2–1215.15 et seq.): private funds, $910,904,000 shall be from other cation by January 1 and July 1 of each year a Provided, That such funds are available for ac- funds) and $109,500,000 from funds previously Schedule A showing all the current funded posi- quiring services provided by the General Serv- appropriated in this Act as Federal payments: tions of the District of Columbia Public Schools, ices Administration: Provided further, That Provided further, That an amount of their compensation levels, and indicating Business Improvement Districts shall be exempt $263,759,000 shall be for Intra-District funds: whether the positions are encumbered: Provided from taxes levied by the District of Columbia. Provided further, That this amount may be in- further, That the Board of Education shall ap- creased by proceeds of one-time transactions, PUBLIC SAFETY AND JUSTICE prove or disapprove each Schedule A within 30 which are expended for emergency or unantici- Public safety and justice, $745,958,000 (includ- days of its submission and provide the Council of the District of Columbia a copy of the Sched- pated operating or capital needs: Provided fur- ing $716,715,000 from local funds, $10,290,000 ule A upon its approval. ther, That such increases shall be approved by from Federal funds, $9,000 from private funds, TATE EDUCATION OFFICE.—$38,752,000 (in- and $18,944,000 from other funds): Provided, (2) S enactment of local District law and shall comply cluding $9,959,000 from local funds, $28,617,000 That not to exceed $500,000 shall be available with all reserve requirements contained in the from Federal grant funds, and $176,000 from from this appropriation for the Chief of Police District of Columbia Home Rule Act: Provided other funds), in addition, $17,000,000 from funds for the prevention and detection of crime: Pro- further, That the Chief Financial Officer of the previously appropriated in this Act under the vided further, That the Mayor shall reimburse District of Columbia shall take such steps as are heading ‘‘Federal Payment for Resident Tuition the District of Columbia National Guard for ex- necessary to assure that the District of Colum- Support’’ and $26,000,000 from funds previously penses incurred in connection with services that bia meets these requirements, including the ap- appropriated in this Act under the heading are performed in emergencies by the National portioning by the Chief Financial Officer of the ‘‘Federal Payment for School Improvement in Guard in a militia status and are requested by appropriations and funds made available to the the District of Columbia’’ shall be available for the Mayor, in amounts that shall be jointly de- District during fiscal year 2004, except that the the State Education Office: Provided, That of termined and certified as due and payable for Chief Financial Officer may not reprogram for the amounts provided to the State Education these services by the Mayor and the Com- operating expenses any funds derived from Office, $500,000 from local funds shall remain manding General of the District of Columbia bonds, notes, or other obligations issued for cap- available until June 30, 2005 for an audit of the National Guard: Provided further, That such ital projects. student enrollment of each District of Columbia sums as may be necessary for reimbursement to GOVERNMENTAL DIRECTION AND SUPPORT Public School and of each District of Columbia the District of Columbia National Guard under Governmental direction and support, public charter school. the preceding proviso shall be available from $284,415,000 (including $206,825,000 from local (3) DISTRICT OF COLUMBIA PUBLIC CHARTER this appropriation, and the availability of the funds, $57,440,000 from Federal funds, and SCHOOLS.—$137,531,000 from local funds shall be sums shall be deemed as constituting payment in $20,150,000 from other funds), in addition, available for District of Columbia public charter advance for emergency services involved. $20,000,000 from funds previously appropriated schools: Provided, That there shall be quarterly in this Act under the heading ‘‘Federal Payment PUBLIC EDUCATION SYSTEM disbursement of funds to the District of Colum- to the Chief Financial Officer of the District of (INCLUDING TRANSFERS OF FUNDS) bia public charter schools, with the first pay- Columbia’’, and $1,100,000 from funds previously Public education system, including the devel- ment to occur within 15 days of the beginning of appropriated in this Act under the heading opment of national defense education programs, the fiscal year: Provided further, That if the en- ‘‘Federal Payment for Foster Care Improvement $1,157,841,000 (including $962,941,000 from local tirety of this allocation has not been provided as in the District of Columbia’’: Provided, That not funds, $156,708,000 from Federal grant funds, payments to any public charter school currently to exceed $2,500 for the Mayor, $2,500 for the $4,302,000 from private funds, and not to exceed in operation through the per pupil funding for- Chairman of the Council of the District of Co- $6,816,000, to remain available until expended, mula, the funds shall be available as follows: (1) lumbia, $2,500 for the City Administrator, and from the Medicaid and Special Education Re- the first $3,000,000 shall be deposited in the $2,500 for the Office of the Chief Financial Offi- form Fund), in addition, $17,000,000 from funds Credit Enhancement Revolving Fund estab- cer shall be available from this appropriation for previously appropriated in this Act under the lished pursuant to section 603(e) of the Student official purposes: Provided further, That any heading ‘‘Federal Payment for Resident Tuition Loan Marketing Association Reorganization Act program fees collected from the issuance of debt Support’’ and $26,000,000 from funds previously of 1996, approved September 20, 1996 (Public shall be available for the payment of expenses of appropriated in this Act under the heading Law 104–208; 110 Stat. 3009; 20 U.S.C. 1155(e)); the debt management program of the District of ‘‘Federal Payment for School Improvement in and (2) the balance shall be for public education Columbia: Provided further, That no revenues the District of Columbia’’, to be allocated as fol- in accordance with section 2403(b)(2) of the Dis- from Federal sources shall be used to support lows: trict of Columbia School Reform Act of 1995, ap- the operations or activities of the Statehood (1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.— proved November 19, 1997 (Public Law 105–100, Commission and Statehood Compact Commis- $870,135,000 (including $738,444,000 from local section 172; D.C. Official Code, section 38– sion: Provided further, That the District of Co- funds, $114,749,000 from Federal funds, 1804.03(b)(2)): Provided further, That of the lumbia shall identify the sources of funding for $3,599,000 from private funds, and $6,527,000 amounts made available to District of Columbia Admission to Statehood from its own locally from other funds shall be available for District public charter schools, $25,000 shall be made generated revenues: Provided further, That not- of Columbia Public Schools: Provided, That not- available to the Office of the Chief Financial

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15025 Officer as authorized by section 2403(b)(6) of the Child and Family Services, no more than ing located at One Judiciary Square, $4,911,000 District of Columbia School Reform Act of 1995 $7,795,000 for the Department of Human Serv- from local funds. (D.C. Official Code, sec. 38–1804.03(b)(6)): Pro- ices, and no more than $21,700,000 for the De- SETTLEMENTS AND JUDGMENTS vided further, That $660,000 of this amount shall partment of Mental Health: Provided further, For making refunds and for the payment of be available to the District of Columbia Public That $27,959,000 of this appropriation, to remain legal settlements or judgments that have been Charter School Board for administrative costs: available until expended, shall be available sole- entered against the District of Columbia govern- Provided further, That notwithstanding the ly for District of Columbia employees’ disability ment, $22,522,000: Provided, That this appro- amounts otherwise provided under this heading compensation: Provided further, That $7,500,000 priation shall not be construed as modifying or or any other provision of law, there shall be ap- of this appropriation, to remain available until affecting the provisions of section 103 of this propriated to the District of Columbia public expended, shall be deposited in the Addiction Act. charter schools on July 1, 2004, an amount equal Recovery Fund, established pursuant to section to 25 percent of the total amount provided for 5 of the Choice in Drug Treatment Act of 2000 WILSON BUILDING payments to public charter schools in the pro- (D.C. Law 13–146; D.C. Official Code, sec. 7– For expenses associated with the John A. Wil- posed budget of the District of Columbia for fis- 3004) and used exclusively for the purpose of the son Building, $3,704,000 from local funds. cal year 2005 (as submitted to Congress), and the Drug Treatment Choice Program established WORKFORCE INVESTMENTS amount of such payment shall be chargeable pursuant to section 4 of the Choice in Drug For workforce investments, $22,308,000 from against the final amount provided for such pay- Treatment Act of 2000 (D.C. Law 13–146; D.C. local funds, to be transferred by the Mayor of ments under the District of Columbia Appropria- Official Code, sec. 7–3003): Provided further, the District of Columbia within the various ap- tions Act, 2005. That no less than $2,000,000 of this appropria- propriation headings in this Act for which em- (4) UNIVERSITY OF THE DISTRICT OF COLUM- tion shall be available exclusively for the pur- ployees are properly payable. BIA.—$80,660,000 (including $48,656,000 from pose of funding the pilot substance abuse pro- local funds, $11,867,000 from Federal funds, gram for youth ages 14 through 21 years estab- NON-DEPARTMENTAL AGENCY $703,000 from private funds, and $19,434,000 from lished pursuant to section 4212 of the Pilot Sub- To account for anticipated costs that cannot other funds) shall be available for the Univer- stance Abuse Program for Youth Act of 2001 be allocated to specific agencies during the de- sity of the District of Columbia: Provided, That (D.C. Law 14–28; D.C. Official Code, sec. 7– velopment of the proposed budget, $19,639,000 this appropriation shall not be available to sub- 3101): Provided further, That $4,500,000 of this (including $11,455,000 from local funds, and sidize the education of nonresidents of the Dis- appropriation, to remain available until ex- $8,184,000 from other funds) to be transferred by trict of Columbia at the University of the Dis- pended, shall be deposited in the Interim Dis- the Mayor of the District of Columbia within trict of Columbia, unless the Board of Trustees ability Assistance Fund established pursuant to the various appropriation headings in this Act: of the University of the District of Columbia section 201 of the District of Columbia Public Provided, That $5,000,000 in local funds shall be adopts, for the fiscal year ending September 30, Assistance Act of 1982 (D.C. Law 4–101; D.C. Of- available to meet contractual obligations, and 2004, a tuition rate schedule that will establish ficial Code, sec. 4–202.01), to be used exclusively $11,455,000 in local funds shall be for antici- the tuition rate for nonresident students at a for the Interim Disability Assistance program pated costs associated with the No Child Left level no lower than the nonresident tuition rate and the purposes for that program set forth in Behind Act. charged at comparable public institutions of section 407 of the District of Columbia Public EMERGENCY PLANNING AND SECURITY COSTS higher education in the metropolitan area: Pro- Assistance Act of 1982 (D.C. Law 13–252; D.C. From funds previously appropriated in this vided further, That notwithstanding the Official Code, sec. 4–204.07): Provided further, Act under the heading ‘‘Federal Payment for amounts otherwise provided under this heading That no less than $640,531 of this appropriation Emergency Planning and Security Costs in the or any other provision of law, there shall be ap- shall be available exclusively for the purpose of District of Columbia’’, $15,000,000. propriated to the University of the District of funding the Burial Assistance Program estab- TRANSPORTATION ASSISTANCE Columbia on July 1, 2004, an amount equal to 10 lished by section 1802 of the Burial Assistance percent of the total amount provided for the Program Reestablishment Act of 1999, effective From funds previously appropriated in this University of the District of Columbia in the October 20, 1999 (D.C. Law 13–38; D.C. Official Act under the heading ‘‘Federal Payment for proposed budget of the District of Columbia for Code, section 4–1001). Transportation Assistance’’, $3,500,000. fiscal year 2005 (as submitted to Congress), and PUBLIC WORKS PAY-AS-YOU-GO CAPITAL the amount of such payment shall be chargeable Public works, including rental of one pas- For Pay-As-You-Go Capital funds in lieu of against the final amount provided for the Uni- senger-carrying vehicle for use by the Mayor capital financing, $11,267,000, to be transferred versity of the District of Columbia under the and three passenger-carrying vehicles for use by to the Capital Fund, subject to the Criteria for District of Columbia Appropriations Act, 2005: the Council of the District of Columbia and leas- Spending Pay-as-You-Go Funding Amendment Provided further, That not to exceed $2,500 for ing of passenger-carrying vehicles, $327,046,000 Act of 2003, approved by the Council of the Dis- the President of the University of the District of (including $308,028,000 from local funds, trict of Columbia on 1st reading, May 6, 2003 Columbia shall be available from this appropria- $5,274,000 from Federal funds, and $13,744,000 (Title 25 of Bill 15–218). Pursuant to this Act, tion for official purposes. from other funds): Provided, That this appro- there are authorized to be transferred from Pay- (5) DISTRICT OF COLUMBIA PUBLIC LIBRAR- priation shall not be available for collecting As-You-Go Capital funds to other headings of IES.—$28,287,000 (including $26,750,000 from ashes or miscellaneous refuse from hotels and this Act, as necessary to carry out the purposes local funds, $1,000,000 from Federal funds, and of this Act. $537,000 from other funds) shall be available for places of business. TAX INCREMENT FINANCING PROGRAM the District of Columbia Public Libraries: Pro- EMERGENCY AND CONTINGENCY RESERVE FUNDS vided, That not to exceed $2,000 for the Public For the emergency reserve fund and the con- For a Tax Increment Financing Program, Librarian shall be available from this appropria- tingency reserve fund under section 450A of the $1,940,000 from local funds. tion for official purposes. District of Columbia Home Rule Act (D.C. Offi- CASH RESERVE (6) COMMISSION ON THE ARTS AND HUMAN- cial Code, sec. 1–204.50a), such amounts from For the cumulative cash reserve established ITIES.—$2,476,000 (including $1,601,000 from local funds as are necessary to meet the balance pursuant to section 202(j)(2) of the District of local funds, $475,000 from Federal funds, and requirements for such funds under such section. Columbia Financial Responsibility and Manage- $400,000 from other funds) shall be available for REPAYMENT OF LOANS AND INTEREST ment Assistance Act of 1995, approved April 17, the Commission on the Arts and Humanities. For payment of principal, interest, and cer- 1995 (Public Law 107–96; D.C. Official Code, sec- HUMAN SUPPORT SERVICES tain fees directly resulting from borrowing by tion 47–392.02(j)(2)), $50,000,000 from local funds. (INCLUDING TRANSFER OF FUNDS) the District of Columbia to fund District of Co- MEDICAID DISALLOWANCE Human support services, $2,360,067,000 (in- lumbia capital projects as authorized by sections For making refunds associated with dis- cluding $1,030,223,000 from local funds, 462, 475, and 490 of the District of Columbia allowed Medicaid funding an amount not to ex- $1,247,945,000 from Federal funds, $9,330,000 Home Rule Act (D.C. Official Code, secs. 1– ceed $57,000,000 in local funds to remain avail- from private funds, and $24,330,000 from other 204.62, 1–204.75, and 1–204.90), $311,504,000 from able until expended: Provided, That funds are funds, of which $48,239,000, to remain available local funds: Provided, That for equipment derived from a transfer from the funds identified until expended, shall be available for deposit in leases, the Mayor may finance $14,300,000 of in the fiscal year 2002 comprehensive annual fi- the Medicaid and Special Education Reform equipment cost, plus cost of issuance not to ex- nancial report as the District of Columbia’s Fund established pursuant to the Medicaid and ceed 2 percent of the par amount being financed Grants Disallowance balance. Special Education Reform Fund Establishment on a lease purchase basis with a maturity not to ENTERPRISE AND OTHER FUNDS Act of 2002, effective October 1, 2002 (D.C. Law exceed 5 years. WATER AND SEWER AUTHORITY 14–190; D.C. Official Code 4–204.51 et seq.)), in PAYMENT OF INTEREST ON SHORT-TERM addition, $12,900,000 from funds previously ap- BORROWING For operation of the Water and Sewer Author- propriated in this Act under the heading ‘‘Fed- ity, $259,095,000 from other funds, of which For payment of interest on short-term bor- eral Payment to Foster Care Improvement in the $18,692,000 shall be apportioned for repayment rowing, $3,000,000 from local funds. District of Columbia’’: Provided, That the funds of loans and interest incurred for capital im- deposited in the Medicaid and Special Edu- CERTIFICATES OF PARTICIPATION provement projects ($18,094,000 and payable to cation Reform Fund are allocated as follows: no For principal and interest payments on the the District’s debt service fund). more than $6,816,000 for District of Columbia District’s Certificates of Participation, issued to For construction projects, $199,807,000, to be Public Schools, no more than $18,744,000 for finance the ground lease underlying the build- distributed as follows: $99,449,000 for the Blue

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 S15026 CONGRESSIONAL RECORD — SENATE November 18, 2003 Plains Wastewater Treatment Plant, $16,739,000 priated in this Act for the ‘‘Anacostia Water- (3) establishes or changes allocations specifi- for the sewer program, $42,047,000 for the com- front Initiative’’: Provided, That funds for use cally denied, limited or increased under this Act; bined sewer program, $42,047,000 for the Com- of each capital project implementing agency (4) increases funds or personnel by any means bined Sewer Overflow Long-Term Control Plan, shall be managed and controlled in accordance for any program, project, or responsibility center $5,993,000 for the stormwater program, with all procedures and limitations established for which funds have been denied or restricted; $24,431,000 for the water program, and under the Financial Management System: Pro- (5) reestablishes any program or project pre- $11,148,000 for the capital equipment program, in vided further, That all funds provided by this viously deferred through reprogramming; addition, $25,000,000 from funds previously ap- appropriation title shall be available only for (6) augments any existing program, project, or propriated in this Act under the heading ‘‘Fed- the specific projects and purposes intended. responsibility center through a reprogramming of funds in excess of $1,000,000 or 10 percent, eral Payment to the District of Columbia Water TITLE III GENERAL PROVISIONS and Sewer Authority’’. whichever is less; or SEC. 301. Whenever in this Act, an amount is (7) increases by 20 percent or more personnel WASHINGTON AQUEDUCT specified within an appropriation for particular assigned to a specific program, project or re- For operation of the Washington Aqueduct, purposes or objects of expenditure, such sponsibility center, $55,553,000 from other funds. amount, unless otherwise specified, shall be con- unless the Committees on Appropriations of the STORMWATER PERMIT COMPLIANCE ENTERPRISE sidered as the maximum amount that may be ex- House of Representatives and Senate are noti- FUND pended for said purpose or object rather than an fied in writing 30 days in advance of the re- For operation of the Stormwater Permit Com- amount set apart exclusively therefor. programming. pliance Enterprise Fund, $3,501,000 from other SEC. 302. Appropriations in this Act shall be (b) None of the local funds contained in this funds. available for expenses of travel and for the pay- Act may be available for obligation or expendi- ment of dues of organizations concerned with ture for an agency through a transfer of any LOTTERY AND CHARITABLE GAMES ENTERPRISE the work of the District of Columbia govern- local funds from one appropriation heading to FUND ment, when authorized by the Mayor: Provided, another unless the Committees on Appropria- For the Lottery and Charitable Games Enter- That in the case of the Council of the District of tions of the House of Representatives and Sen- prise Fund, established by the District of Colum- Columbia, funds may be expended with the au- ate are notified in writing 30 days in advance of bia Appropriation Act, 1982, for the purpose of thorization of the Chairman of the Council. the transfer, except that in no event may the implementing the Law to Legalize Lotteries, SEC. 303. There are appropriated from the ap- amount of any funds transferred exceed 4 per- Daily Numbers Games, and Bingo and Raffles plicable funds of the District of Columbia such cent of the local funds in the appropriation. for Charitable Purposes in the District of Co- sums as may be necessary for making refunds SEC. 310. Consistent with the provisions of sec- lumbia (D.C. Law 3–172; D.C. Official Code, sec. and for the payment of legal settlements or tion 1301(a) of title 31, United States Code, ap- 3–1301 et seq. and sec. 22–1716 et seq.), judgments that have been entered against the propriations under this Act shall be applied $242,755,000: Provided, That the District of Co- District of Columbia government: Provided, only to the objects for which the appropriations lumbia shall identify the source of funding for That nothing contained in this section shall be were made except as otherwise provided by law. this appropriation title from the District’s own construed as modifying or affecting the provi- SEC. 311. Notwithstanding any other provi- locally generated revenues: Provided further, sions of section 11(c)(3) of title XII of the Dis- sions of law, the provisions of the District of Co- That no revenues from Federal sources shall be trict of Columbia Income and Franchise Tax Act lumbia Government Comprehensive Merit Per- used to support the operations or activities of of 1947 (D.C. Official Code, sec. 47–1812.11(c)(3)). sonnel Act of 1978 (D.C. Law 2–139; D.C. Offi- the Lottery and Charitable Games Control SEC. 304. No part of any appropriation con- cial Code, sec. 1–601.01 et seq.), enacted pursu- Board. tained in this Act shall remain available for ob- ant to section 422(3) of the District of Columbia SPORTS AND ENTERTAINMENT COMMISSION ligation beyond the current fiscal year unless Home Rule Act (D.C. Official Code, sec. 1– For the Sports and Entertainment Commis- expressly so provided herein. 204.22(3)), shall apply with respect to the com- sion, $13,979,000 from local funds. SEC. 305. No funds appropriated in this Act pensation of District of Columbia employees: for the District of Columbia government for the DISTRICT OF COLUMBIA RETIREMENT BOARD Provided, That for pay purposes, employees of operation of educational institutions, the com- the District of Columbia government shall not be For the District of Columbia Retirement pensation of personnel, or for other educational subject to the provisions of title 5, United States Board, established pursuant to section 121 of the purposes may be used to permit, encourage, fa- Code. District of Columbia Retirement Reform Act of cilitate, or further partisan political activities. SEC. 312. No later than 30 days after the end 1979 (D.C. Official Code, sec. 1–711), $13,895,000 Nothing herein is intended to prohibit the avail- of the first quarter of fiscal year 2004, the from the earnings of the applicable retirement ability of school buildings for the use of any Mayor of the District of Columbia shall submit funds to pay legal, management, investment, community or partisan political group during to the Council of the District of Columbia and and other fees and administrative expenses of non-school hours. the Committees on Appropriations of the House the District of Columbia Retirement Board: Pro- SEC. 306. None of the funds appropriated in of Representatives and Senate the new fiscal vided, That the District of Columbia Retirement this Act shall be made available to pay the sal- year 2004 revenue estimates as of the end of Board shall provide to the Congress and to the ary of any employee of the District of Columbia such quarter. These estimates shall be used in Council of the District of Columbia a quarterly government whose name, title, grade, and salary the budget request for fiscal year 2005. The offi- report of the allocations of charges by fund and are not available for inspection by the Commit- cially revised estimates at midyear shall be used of expenditures of all funds: Provided further, tees on Appropriations of the House of Rep- for the midyear report. That the District of Columbia Retirement Board resentatives and Senate, the Committee on Gov- SEC. 313. No sole source contract with the Dis- shall provide the Mayor, for transmittal to the ernment Reform of the House of Representa- trict of Columbia government or any agency Council of the District of Columbia, an itemized tives, the Committee on Governmental Affairs of thereof may be renewed or extended without accounting of the planned use of appropriated the Senate, and the Council of the District of opening that contract to the competitive bidding funds in time for each annual budget submis- Columbia, or their duly authorized representa- process as set forth in section 303 of the District sion and the actual use of such funds in time for tive. of Columbia Procurement Practices Act of 1985 each annual audited financial report. SEC. 307. None of the Federal funds provided (D.C. Law 6–85; D.C. Official Code, sec. 2– WASHINGTON CONVENTION CENTER ENTERPRISE in this Act may be used for publicity or propa- 303.03), except that the District of Columbia gov- FUND ganda purposes or implementation of any policy ernment or any agency thereof may renew or ex- For the Washington Convention Center Enter- including boycott designed to support or defeat tend sole source contracts for which competition prise Fund, $69,742,000 from other funds. legislation pending before Congress or any State is not feasible or practical, but only if the deter- NATIONAL CAPITAL REVITALIZATION legislature. mination as to whether to invoke the competi- CORPORATION SEC. 308. (a) None of the Federal funds pro- tive bidding process has been made in accord- vided in this Act may be used to carry out lob- ance with duly promulgated rules and proce- For the National Capital Revitalization Cor- bying activities on any matter. dures and has been reviewed and certified by poration, $7,849,000 from other funds. (b) Nothing in this section may be construed the Chief Financial Officer of the District of Co- CAPITAL OUTLAY to prohibit any elected official from advocating lumbia. (INCLUDING RESCISSIONS) with respect to any issue. SEC. 314. (a) In the event a sequestration For construction projects, an increase of SEC. 309. (a) None of the funds provided under order is issued pursuant to the Balanced Budget $1,004,796,000, of which $601,708,000 shall be this Act to the agencies funded by this Act, both and Emergency Deficit Control Act of 1985 after from local funds, $46,014,000 from Highway Federal and District government agencies, that the amounts appropriated to the District of Co- Trust funds, $38,311,000 from the Rights-of-way remain available for obligation or expenditure in lumbia for the fiscal year involved have been funds, $218,880,000 from Federal funds, and a fiscal year 2004, or provided from any accounts paid to the District of Columbia, the Mayor of rescission of $99,884,000 from local funds appro- in the Treasury of the United States derived by the District of Columbia shall pay to the Sec- priated under this heading in prior fiscal years, the collection of fees available to the agencies retary of the Treasury, within 15 days after re- for a net amount of $904,913,000, to remain funded by this Act, shall be available for obliga- ceipt of a request therefor from the Secretary of available until expended, in addition, $5,000,000 tion or expenditure for an agency through a re- the Treasury, such amounts as are sequestered from funds previously appropriated in this Act programming of funds which— by the order: Provided, That the sequestration under the heading ‘‘Federal Payment for Cap- (1) creates new programs; percentage specified in the order shall be ap- ital Development in the District of Columbia’’ (2) eliminates a program, project, or responsi- plied proportionately to each of the Federal ap- and $6,000,000 from funds previously appro- bility center; propriation accounts in this Act that are not

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15027 specifically exempted from sequestration by such trict of Columbia government in anticipation of priations enacted into law for such year using Act. the approval or receipt of a grant under sub- the format, terminology, and classifications con- (b) For purposes of the Balanced Budget and section (b)(2) or in anticipation of the approval tained in the law making the appropriations for Emergency Deficit Control Act of 1985, the term or receipt of a Federal, private, or other grant the year and its legislative history. ‘‘program, project, and activity’’ shall be syn- not subject to such subsection. SEC. 323. (a) None of the funds contained in onymous with and refer specifically to each ac- (d) The Chief Financial Officer of the District this Act may be used by the District of Columbia count appropriating Federal funds in this Act, of Columbia shall prepare a quarterly report set- Corporation Counsel or any other officer or en- and any sequestration order shall be applied to ting forth detailed information regarding all tity of the District government to provide assist- each of the accounts rather than to the aggre- Federal, private, and other grants subject to this ance for any petition drive or civil action which gate total of those accounts: Provided, That se- section. Each such report shall be submitted to seeks to require Congress to provide for voting questration orders shall not be applied to any the Council of the District of Columbia and to representation in Congress for the District of account that is specifically exempted from se- the Committees on Appropriations of the House Columbia. questration by the Balanced Budget and Emer- of Representatives and Senate not later than 15 (b) Nothing in this section bars the District of gency Deficit Control Act of 1985. days after the end of the quarter covered by the Columbia Corporation Counsel from reviewing SEC. 315. (a)(1) An entity of the District of Co- report. or commenting on briefs in private lawsuits, or lumbia government may accept and use a gift or SEC. 320. (a) Except as otherwise provided in from consulting with officials of the District donation during fiscal year 2004 if— this section, none of the funds made available government regarding such lawsuits. (A) the Mayor approves the acceptance and by this Act or by any other Act may be used to SEC. 324. (a) None of the Federal funds con- use of the gift or donation (except as provided in provide any officer or employee of the District of tained in this Act may be used for any program paragraph (2) of this subsection); and Columbia with an official vehicle unless the of- of distributing sterile needles or syringes for the (B) the entity uses the gift or donation to ficer or employee uses the vehicle only in the hypodermic injection of any illegal drug. (b) Any individual or entity who receives any carry out its authorized functions or duties. performance of the officer’s or employee’s offi- funds contained in this Act and who carries out (2) The Council of the District of Columbia cial duties. For purposes of this paragraph, the any program described in subsection (a) shall and the District of Columbia courts may accept term ‘‘official duties’’ does not include travel be- account for all funds used for such program sep- and use gifts without prior approval by the tween the officer’s or employee’s residence and arately from any funds contained in this Act. Mayor. workplace, except in the case of— SEC. 325. None of the funds contained in this (b) Each entity of the District of Columbia (1) an officer or employee of the Metropolitan Act may be used after the expiration of the 60- government shall keep accurate and detailed Police Department who resides in the District of day period that begins on the date of the enact- records of the acceptance and use of any gift or Columbia or is otherwise designated by the ment of this Act to pay the salary of any chief donation under subsection (a), and shall make Chief of the Department; financial officer of any office of the District of such records available for audit and public in- (2) at the discretion of the Fire Chief, an offi- Columbia government (including any inde- spection. cer or employee of the District of Columbia Fire pendent agency of the District of Columbia) who (c) For the purposes of this section, the term and Emergency Medical Services Department has not filed a certification with the Mayor and ‘‘entity of the District of Columbia government’’ who resides in the District of Columbia and is the Chief Financial Officer of the District of Co- includes an independent agency of the District on call 24 hours a day; lumbia that the officer understands the duties of Columbia. (3) the Mayor of the District of Columbia; and and restrictions applicable to the officer and the (d) This section shall not apply to the District (4) the Chairman of the Council of the District officer’s agency as a result of this Act (and the of Columbia Board of Education, which may, of Columbia. amendments made by this Act), including any pursuant to the laws and regulations of the Dis- (b) The Chief Financial Officer of the District duty to prepare a report requested either in the trict of Columbia, accept and use gifts to the of Columbia shall submit by March 1, 2004 an Act or in any of the reports accompanying the public schools without prior approval by the inventory, as of September 30, 2003, of all vehi- Act and the deadline by which each report must cles owned, leased or operated by the District of Mayor. be submitted. The Chief Financial Officer of the SEC. 316. None of the Federal funds provided Columbia government. The inventory shall in- District of Columbia shall provide to the Com- in this Act may be used by the District of Co- clude, but not be limited to, the department to mittees on Appropriations of the House of Rep- lumbia to provide for salaries, expenses, or other which the vehicle is assigned; the year and resentatives and Senate by the 10th day after costs associated with the offices of United States make of the vehicle; the acquisition date and the end of each quarter a summary list showing cost; the general condition of the vehicle; an- Senator or United States Representative under each report, the due date, and the date sub- nual operating and maintenance costs; current section 4(d) of the District of Columbia State- mitted to the Committees. hood Constitutional Convention Initiatives of mileage; and whether the vehicle is allowed to SEC. 326. (a) None of the funds contained in 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1– be taken home by a District officer or employee this Act may be used to enact or carry out any 123). and if so, the officer or employee’s title and resi- law, rule, or regulation to legalize or otherwise SEC. 317. None of the funds appropriated dent location. reduce penalties associated with the possession, under this Act shall be expended for any abor- SEC. 321. No officer or employee of the District use, or distribution of any schedule I substance tion except where the life of the mother would of Columbia government (including any inde- under the Controlled Substances Act (21 U.S.C. be endangered if the fetus were carried to term pendent agency of the District of Columbia, but 802) or any tetrahydrocannabinols derivative. or where the pregnancy is the result of an act excluding the Office of the Chief Technology (b) The Legalization of Marijuana for Medical of rape or incest. Officer, the Office of the Chief Financial Officer Treatment Initiative of 1998, also known as Ini- SEC. 318. None of the Federal funds made of the District of Columbia, and the Metropoli- tiative 59, approved by the electors of the Dis- available in this Act may be used to implement tan Police Department) may enter into an agree- trict of Columbia on November 3, 1998, shall not or enforce the Health Care Benefits Expansion ment in excess of $2,500 for the procurement of take effect. Act of 1992 (D.C. Law 9–114; D.C. Official Code, goods or services on behalf of any entity of the SEC. 327. Nothing in this Act may be construed sec. 32–701 et seq.) or to otherwise implement or District government until the officer or employee to prevent the Council or Mayor of the District enforce any system of registration of unmarried, has conducted an analysis of how the procure- of Columbia from addressing the issue of the cohabiting couples, including but not limited to ment of the goods and services involved under provision of contraceptive coverage by health registration for the purpose of extending em- the applicable regulations and procedures of the insurance plans, but it is the intent of Congress ployment, health, or governmental benefits to District government would differ from the pro- that any legislation enacted on such issue such couples on the same basis that such bene- curement of the goods and services involved should include a ‘‘conscience clause’’ which fits are extended to legally married couples. under the Federal supply schedule and other provides exceptions for religious beliefs and SEC. 319. (a) Notwithstanding any other provi- applicable regulations and procedures of the moral convictions. sion of this Act, the Mayor, in consultation with General Services Administration, including an SEC. 328. (a) If the Superior Court of the Dis- the Chief Financial Officer of the District of Co- analysis of any differences in the costs to be in- trict of Columbia or the District of Columbia lumbia may accept, obligate, and expend Fed- curred and the time required to obtain the goods Court of Appeals does not make a payment de- eral, private, and other grants received by the or services. scribed in subsection (b) prior to the expiration District government that are not reflected in the SEC. 322. None of the funds contained in this of the 45-day period which begins on the date amounts appropriated in this Act. Act may be used for purposes of the annual the Court receives a completed voucher for a (b) No such Federal, private, or other grant independent audit of the District of Columbia claim for the payment, interest shall be assessed may be accepted, obligated, or expended pursu- government for fiscal year 2004 unless— against the amount of the payment which ant to subsection (a) until— (1) the audit is conducted by the Inspector would otherwise be made to take into account (1) the Chief Financial Officer of the District General of the District of Columbia, in coordina- the period which begins on the day after the ex- of Columbia submits to the Council a report set- tion with the Chief Financial Officer of the Dis- piration of such 45-day period and which ends ting forth detailed information regarding such trict of Columbia, pursuant to section 208(a)(4) on the day the Court makes the payment. grant; and of the District of Columbia Procurement Prac- (b) A payment described in this subsection is— (2) the Council within 15 calendar days after tices Act of 1985 (D.C. Official Code, sec. 2– (1) a payment authorized under section 11– receipt of the report submitted under paragraph 302.8); and 2604 and section 11–2605, D.C. Official Code (re- (1) has reviewed and approved the acceptance, (2) the audit includes as a basic financial lating to representation provided under the Dis- obligation, and expenditure of such grant. statement a comparison of audited actual year- trict of Columbia Criminal Justice Act); (c) No amount may be obligated or expended end results with the revenues submitted in the (2) a payment for counsel appointed in pro- from the general fund or other funds of the Dis- budget document for such year and the appro- ceedings in the Family Court of the Superior

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 S15028 CONGRESSIONAL RECORD — SENATE November 18, 2003 Court of the District of Columbia under chapter department, agency, or instrumentality of the cation of and the amount paid by the govern- 23 of title 16, D.C. Official Code; or United States Government, except pursuant to a ment of the District of Columbia, including the (3) a payment for counsel authorized under transfer made by, or transfer authority provided District of Columbia Public Schools, to attorneys section 21–2060, D.C. Official Code (relating to in, this Act or any other appropriation Act. in cases brought under IDEA: Provided further, representation provided under the District of SEC. 333. In addition to any other authority to That the Inspector General of the District of Co- Columbia Guardianship, Protective Proceedings, pay claims and judgments, any department, lumbia may conduct investigations to determine and Durable Power of Attorney Act of 1986). agency, or instrumentality of the District gov- the accuracy of the certifications. (c) The chief judges of the Superior Court of ernment may pay the settlement or judgment of SEC. 339. Chapter 3 of title 16, District of Co- the District of Columbia and the District of Co- a claim or lawsuit in an amount less than lumbia Code, is amended by inserting at the end lumbia Court of Appeals shall establish stand- $10,000, in accordance with the Risk Manage- the following new section: ards and criteria for determining whether ment for Settlements and Judgments Amendment ‘‘SEC. 16–316. APPOINTMENT AND COMPENSATION vouchers submitted for claims for payments de- Act of 2000 (D.C. Law 13–172; D.C. Official OF COUNSEL; GUARDIAN AD LITEM. scribed in subsection (b) are complete, and shall Code, sec. 2–402). ‘‘(a) When a petition for adoption has been publish and make such standards and criteria SEC. 334. All funds from the Crime Victims filed and there has been no termination or relin- available to attorneys who practice before such Compensation Fund, established pursuant to quishment of parental rights with respect to the Courts. section 16 of the Victims of Violent Crime Com- proposed adoptee or consent to the proposed (d) Nothing in this section shall be construed pensation Act of 1996 (D.C. Law 11–243; D.C. adoption by a parent or guardian whose consent to require the assessment of interest against any Official Code, sec. 4–514) (‘‘Compensation Act’’), is required under D.C. Code section 16–304, the claim (or portion of any claim) which is denied that are designated for outreach activities pur- Court may appoint an attorney to represent by the Court involved. suant to section 16(d)(2) of the Compensation such parent or guardian in the adoption pro- (e) This section shall apply with respect to Act shall be deposited in the Crime Victims As- ceeding if the individual is financially unable to claims received by the Superior Court of the Dis- sistance Fund, established pursuant to section obtain adequate representation. trict of Columbia or the District of Columbia 16a of the Compensation Act, for the purpose of ‘‘(b) The Court may appoint a guardian ad Court of Appeals during fiscal year 2003 and outreach activities, and shall remain available litem who is an attorney to represent the child any subsequent fiscal year. until expended. in an adoption proceeding. The guardian ad SEC. 329. The Mayor of the District of Colum- SEC. 335. Notwithstanding any other law, the litem shall in general be charged with the rep- bia shall submit to the Committees on Appro- District of Columbia Courts shall transfer to the resentation of the child’s best interest. priations of the House of Representatives and general treasury of the District of Columbia all ‘‘(c) An attorney appointed pursuant to sub- Senate, the Committee on Government Reform of fines levied and collected by the Courts in cases section (a) or (b) of this section shall be com- the House of Representatives, and the Com- charging Driving Under the Influence and Driv- pensated in accordance with D.C. Code section mittee on Governmental Affairs of the Senate ing While Impaired. The transferred funds shall 16–2326.01, except that compensation in the quarterly reports addressing the following remain available until expended and shall be adoption case shall be subject to the limitation issues— used by the Office of the Corporation Counsel set forth in D.C. Code section 16–2326.01(b)(2).’’. (1) crime, including the homicide rate, imple- for enforcement and prosecution of District traf- The table of sections for chapter 3 of title 16, mentation of community policing, the number of fic alcohol laws in accordance with section District of Columbia Code, is amended by insert- police officers on local beats, and the closing 10(b)(3) of the District of Columbia Traffic Con- ing at the end the following new item: down of open-air drug markets; ‘‘Sec. 16–316. Appointment and compensation of (2) access to substance and alcohol abuse trol Act (D.C. Official Code, sec. 50– counsel; guardian ad litem.’’. treatment, including the number of treatment 2201.05(b)(3)). SEC. 336. From the local funds appropriated slots, the number of people served, the number SEC. 340. (a) The amount appropriated by this under this Act, any agency of the District gov- of people on waiting lists, and the effectiveness Act as Other Type Funds may be increased no ernment may transfer to the Office of Labor Re- of treatment programs; more than 25 percent to an account for unan- (3) management of parolees and pre-trial vio- lations and Collective Bargaining (OLRCB) ticipated growth in revenue collections. lent offenders, including the number of halfway such amounts as may be necessary to pay for (b) CONDITIONS OF USE.—The District of Co- house escapes and steps taken to improve moni- representation by OLRCB in third-party cases, lumbia may obligate or expend these amounts toring and supervision of halfway house resi- grievances, and dispute resolution, pursuant to only in accordance with the following condi- dents to reduce the number of escapes to be pro- an intra-District agreement with OLRCB. These tions: (1) CERTIFICATION BY THE CHIEF FINANCIAL OF- vided in consultation with the Court Services amounts shall be available for use by OLRCB to FICER.—The Chief Financial Officer of the Dis- and Offender Supervision Agency for the Dis- reimburse the cost of providing the representa- trict of Columbia shall certify that anticipated trict of Columbia; tion. (4) education, including access to special edu- SEC. 337. None of the funds contained in this revenue collections support an increase in Other cation services and student achievement to be Act may be made available to pay— Type authority in the amount request. (2) NOTICE REQUIREMENT.—The amounts may provided in consultation with the District of Co- (1) the fees of an attorney who represents a be obligated or expended only if the Mayor noti- lumbia Public Schools and the District of Co- party in an action or an attorney who defends fies the Committees on Appropriations of the lumbia public charter schools; any action, including an administrative pro- (5) improvement in basic District services, in- ceeding, brought against the District of Colum- House of Representatives and the Senate in cluding rat control and abatement; bia Public Schools under the Individuals with writing 30 days in advance of any obligation or (6) application for and management of Fed- Disabilities Education Act (20 U.S.C. 1400 et expenditure. eral grants, including the number and type of seq.) in excess of $4,000 for that action; or SEC. 341. (a) The amount appropriated by this grants for which the District was eligible but (2) the fees of an attorney or firm whom the Act may be increased by no more than failed to apply and the number and type of Chief Financial Officer of the District of Colum- $15,000,000 from funds identified in the com- grants awarded to the District but for which the bia determines to have a pecuniary interest, ei- prehensive annual financial report as the Dis- District failed to spend the amounts received; ther through an attorney, officer or employee of trict’s fund balance. (b) CONDITIONS ON USE.—The District of Co- and the firm, in any special education diagnostic (7) indicators of child well-being. services, schools, or other special education lumbia may obligate or expend these amounts SEC. 330. No later than 30 calendar days after service providers. only in accordance with the following condi- the date of the enactment of this Act, the Chief SEC. 338. The Chief Financial Officer of the tions: Financial Officer of the District of Columbia District of Columbia shall require attorneys in (1) CERTIFICATION BY THE CHIEF FINANCIAL OF- shall submit to the appropriate committees of special education cases brought under the Indi- FICER.—The Chief Financial Officer of the Dis- Congress, the Mayor, and the Council of the viduals with Disabilities Act (IDEA) in the Dis- trict of Columbia shall certify that the use of District of Columbia a revised appropriated trict of Columbia to certify in writing that the any such amounts is not anticipated to have a funds operating budget in the format of the attorney or representative rendered any and all negative impact on the District of Columbia’s budget that the District of Columbia government services for which they receive awards, includ- long-term financial, fiscal, and economic vital- submitted pursuant to section 442 of the District ing those received under a settlement agreement ity. (2) PURPOSE.—The District of Columbia may of Columbia Home Rule Act (D.C. Official Code, or as part of an administrative proceeding, only use these funds for the following expendi- sec. 1–204.42), for all agencies of the District of under the IDEA from the District of Columbia: tures: Columbia government for fiscal year 2004 that is Provided, That as part of the certification, the Chief Financial Officer of the District of Colum- (A) Unanticipated one-time expenditures; in the total amount of the approved appropria- (B) To address potential deficits; tion and that realigns all budgeted data for per- bia require all attorneys in IDEA cases to dis- (C) Debt reduction; sonal services and other-than-personal-services, close any financial, corporate, legal, member- (D) Unanticipated program needs; or respectively, with anticipated actual expendi- ships on boards of directors, or other relation- (E) To cover revenue shortfalls. tures. ships with any special education diagnostic (3) LOCAL LAW.—The amounts shall be obli- SEC. 331. None of the funds contained in this services, schools, or other special education gated or expended in accordance with laws en- Act may be used to issue, administer, or enforce service providers to which the attorneys have re- acted by the Council in support of each such ob- any order by the District of Columbia Commis- ferred any clients as part of this certification: ligation or expenditure. sion on Human Rights relating to docket num- Provided further, That the Chief Financial Offi- (4) RECEIVERSHIP.—The amounts may not be bers 93–030–(PA) and 93–031–(PA). cer shall prepare and submit quarterly reports to used to fund the agencies of the District of Co- SEC. 332. None of the Federal funds made the Committees on Appropriations of the Senate lumbia government under court-ordered receiv- available in this Act may be transferred to any and the House of Representatives on the certifi- ership.

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.076 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15029 (5) NOTICE REQUIREMENT.—The amounts may Mr. KENNEDY. I think there is a commander of the Fifth Army. I first be obligated or expended only if the Mayor noti- consent that has been agreed to where- met General Clark over 5 years ago fies the Committees on Appropriations of the by there are 2 hours equally divided, when he was commander of the 101st House of Representatives and the Senate in with 40 minutes for myself and 15 min- Airborne Division at Fort Campbell, writing 30 days in advance of any obligation or expenditure. utes for Senator DAYTON. KY. Since that time, I have known (6) AVAILABILITY OF FUNDS.—Funds made Mr. WARNER. The Senator is correct General Clark to be an honest man and available pursuant to this section shall remain on that. an excellent soldier. The military com- available until expended. Mr. KENNEDY. I will not necessarily munities in Kentucky and Tennessee This Act may be cited as the ‘‘District of Co- take all of that time. surrounding Fort Campbell admire lumbia Appropriations Act, 2004’’. Mr. WARNER. Mr. President, I thank General Clark very much. He is well re- The Presiding Officer appointed Mr. my colleague. spected throughout the Army, and we DEWINE, Mrs. HUTCHISON, Mr. Major General Clark is a highly should be grateful that we have sol- BROWNBACK, Mr. STEVENS, Ms. qualified officer for promotion to the diers like General Clark serving and LANDRIEU, Mr. DURBIN, and Mr. INOUYE rank of lieutenant general. I have met protecting our Nation. conferees on the part of the Senate. with him several times. His proposed GEN Jack Keane, who commanded f assignment by the Secretary of Defense General Clark at Fort Campbell, said is to be Commander of the Fifth U.S. this about him: RECESS Army. In my 37 years of service, I have never met The PRESIDING OFFICER. Under He was first nominated for this posi- an officer who is such a tower of character the previous order, the hour of 12:30 tion in the fall of 2002. He has appeared and integrity. His peers, subordinates, and having arrived, the Senate will stand before the Senate Armed Services Com- superiors all respect and admire him for the truly special person that he is. in recess until the hour of 2:15 p.m. mittee in executive session on two sep- Thereupon, the Senate, at 12:39 p.m., arate occasions. On both occasions he General Clark loves the Army and he recessed until 2:15 p.m. and reassem- conducted himself with deference and loves his country. Some may even say bled when called to order by the Pre- respect not only for the serious issues that General Clark was born with the desire to serve his country in his blood. siding Officer (Mr. VOINOVICH). at hand but for all persons involved in Both of his grandfathers served in both f this tragic sequence of facts which pre- ceded his nomination. World War I and World War II. His fa- EXECUTIVE SESSION He expressed great respect for the ther served for 31 years and fought in constitutionally-based advise and con- both World War II and the Korean con- sent power and the responsibility of flict. His older brother served in Viet- NOMINATION OF MAJ. GEN. ROB- the Senate to look into this nomina- nam. One of his younger brothers is an ERT T. CLARK TO BE LIEUTEN- tion with great thoroughness. Not sur- Air Force colonel, and another brother ANT GENERAL prisingly, General Clark has the full is an Army lieutenant colonel on the The PRESIDING OFFICER. The Sen- support of the Chief of Staff of the front lines in Korea. The Clark family has made many ator from Virginia. Army, General Schoomaker, and the sacrifices so that future generations of Mr. WARNER. Mr. President, pursu- civilian leadership of the Army for this Americans can live in peace. General ant to the order of November 14, I ask promotion. Indeed, the Secretary of Clark has given 33 years of his life in that the Senate now proceed to execu- Defense personally, in a very respectful the armed service to this great Nation. tive session to begin consideration of way, has talked to me about this nomi- He is a decorated soldier and has shed Executive Calendar No. 418, the nomi- nation and his strong support for this his own blood for our country. He led a nation of Maj. Gen. Robert T. Clark to nominee. platoon in Vietnam, commanded a bri- be Lieutenant General. I will detail at length later on in the gade that was dropped deep into Iraq The PRESIDING OFFICER. Without course of this debate the very thorough objection, the clerk will report. during Operation Desert Storm. steps taken by the Senate Armed Serv- As commanding general of the 101st The assistant legislative clerk read ices Committee. I commend my col- the nomination of Maj. Gen. Robert T. Screaming Eagles, he deployed himself, leagues on the committee. There were with his troops, all over the world, Clark to be Lieutenant General. unusual facts associated with this Mr. WARNER. Mr. President, there from Kuwait to El Salvador. Most re- nomination involving tragic loss of cently, General Clark has been deputy are a number of Senators who desire to life, a strong disciplinary action speak. I will just say a few words. To commander of the Fifth Army and mo- against those who brought about the bilized Guard and Reserves for home- accommodate my distinguished col- direct harm to the victim who gave his league from Kentucky, who has been a land defense and Operation Iraqi Free- life. In the course of that, I and other dom. He has worn just about every hat valiant supporter of this nomination members of the committee took it and very persistent over this long pe- the Army has to offer. upon ourselves to meet with the family COL Mike Oates, who served under riod of time, I will yield the floor. He members of the deceased victim in this General Clark at Fort Campbell, said then could be followed by the Senator particular case. I wish to commend this about him: from Massachusetts and then I would them. They handled themselves in a He spoke straight to the soldiers. He continue my remarks. manner of great distinction, given the looked them in the eye and he set high I wonder if I just might ask unani- depth of emotion on their part. standards for wearing our equipment and mous consent that the Senator from I also commend the former Vice how we behaved. Discipline is what keeps Virginia proceed for not to exceed 3 or Chief of the Army, General Keane. He good units effective and reliable. He enforced 4 minutes, followed by the Senator took it upon himself time and time discipline and set the example himself. from Kentucky for about 10 or 12 min- again, working with the distinguished I could go on and on about General utes, followed by the Senator from Under Secretary of the Army, Les Clark’s distinguished career. But I need Massachusetts. How much time does Brownlee, to repeatedly go back and to address the tragic incident that has my colleague desire? reinvestigate certain aspects of this held up his nomination, which occurred Mr. KENNEDY. I think 40 minutes. case, I hope to the satisfaction of all while General Clark was at Fort Camp- Mr. WARNER. Not to exceed a period Members, certainly to this Senator and bell. A murder occurred at Fort Camp- of about 40 minutes for the Senator generally members of the committee. bell on July 5, 1999. PVT Barry from Massachusetts. Mr. President, I yield the floor to ac- Winchell was killed in a tragic event Mr. KENNEDY. I think Senator DAY- commodate my colleague. I again that none of us should ever forget. Pri- TON also had 15 minutes. I think there thank him for his strong tenacity in vate Winchell was murdered by a fel- is a unanimous consent agreement for supporting this nomination through- low soldier, who is serving—and deserv- this; am I correct? out. edly so—a life sentence for this horren- The PRESIDING OFFICER. The Sen- Mr. BUNNING. Mr. President, I rise dous crime. ator is correct. in strong support of MG Robert Clark I do not wish to address the details of Mr. WARNER. I was not able to hear. to the rank of lieutenant general and this horrible murder, but I do wish to

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.076 S18PT1 S15030 CONGRESSIONAL RECORD — SENATE November 18, 2003 extend my thoughts and prayers to Pri- capacities during his more than 30 extraordinary response from the com- vate Winchell’s family and friends. I years in the Army. munity’s leaders. Such a crime sends have spoken with General Clark sev- I am concerned, however, about Gen- the poisonous message that some mem- eral times about this tragic incident. I eral Clark’s performance as Com- bers of the community deserve to be know how sorry he is about the murder manding General at Fort Campbell, victimized solely because of who they of Private Winchell, especially since it KY, at the time of the brutal murder of are. The potential for such a crime was did happen on his post and under his PVT Barry Winchell on the base in magnified in this case because of the leadership. 1999. existing climate of anti-gay harass- But it is important to note that after There are few more respected units in ment at Fort Campbell, but the avail- the incident—and as the general court the Army than the 101st Airborne Divi- able evidence indicates that General martial convening authority—General sion at Fort Campbell. The ‘‘Screaming Clark’s response was not adequate with Clark approved the maximum punish- Eagles,’’ as the division is called, has a respect to his contacts with Private ment for the convicted murderer. well-deserved reputation of profes- Winchell’s family or his command re- I want to set the record straight. A sionalism, heroism, and outstanding sponsibilities at Fort Campbell. small, yet loud minority has blamed performance. Yet, in the months lead- One factual issue which I have re- General Clark for this tragic death. ing up to the murder of Private peatedly asked the Army to resolve, Nothing could be further from the Winchell, the command climate at without receiving a satisfactory re- truth. Fort Campbell was seriously deficient. sponse, is why General Clark did not A man who has given 33 years of his According to a report by the Army in- meet with the parents of Private Barry life to protect all Americans—all spector general, Fort Campbell had Winchell, Patricia and Wally Kutteles, Americans—does not deserve to be command-wide low morale, and inad- in the days following his murder. treated this way. Army investigations equate delivery of health care to sol- Following such a brutal murder it is and many interviews were conducted to diers and their families, and the leader- difficult to believe that such a meeting dispel the misinformation over this in- ship condoned widespread, leader-con- did not take place. Any responsible and cident. And the Army has rec- doned underage drinking in the bar- compassionate commanding officer would want to meet with and console ommended General Clark for nomina- racks. the parents of the murdered soldier, tion to lieutenant general and com- There is compelling evidence that even if no request for such a meeting mander of the Fifth Army because he is anti-gay harassment was pervasive at Fort Campbell during this period. The had formally been made. the most qualified soldier for this job. I understand that during the 4 days The President nominated General inspector general reported multiple ex- immediately following the murder, amples of anti-gay graffiti, the use of Clark for this post and important rank. General Clark was at the Walter Reed anti-gray slurs in cadences by non- It is important to note that the Senate Army Medical Center in Washington commissioned officers during training Armed Services Committee approved with his wife, who was undergoing his nomination. runs, and routine remarks and ban- tests for a longstanding illness. It is I thank Committee Chairman WAR- tering that, in the inspector general’s understandable that General Clark had NER and Ranking Member LEVIN for words, ‘‘could be viewed as harass- declined to meet with the parents for helping to move his nomination ment.’’ Outside groups have docu- this reason, during that period and did through the committee. mented many instances of anti-gay not attend the memorial service for Mr. President, our military has an harassment in the months leading up Private Winchell on July 9. But Clark old saying: ‘‘Not for self, but for coun- to the murder. did not meet with the parents in the try.’’ The inspector general also found that days after his return to Fort Campbell Those who know General Clark in the prior to the murder, there was no from Walter Reed Hospital nor in the Army and in the communities in which sustainment training at Fort Campbell weeks and months that followed the he has served all think of him when on the proper implementation of the Winchell murder. Instead, he states they hear this statement. General Homosexual Conduct Policy, known as that he never received a request to Clark is a man who has given his entire ‘‘Don’t Ask, Don’t Tell’’ and that, as a meet with the parents, but he would life not for self but for God and coun- result, ‘‘most officers, NCOs, and sol- gladly have met with then if he had re- try. I thank him for it. diers at Fort Campbell lacked an un- ceived a request to do so. We should all be grateful to him for derstanding and working knowledge of Patricia Kutteles, Private Winchell’s all the sacrifices he has made for our the Policy.’’ mother, has submitted a sworn affi- freedoms and our protections. I urge In his response to my questions, Gen- davit stating that she and her husband my colleagues to support the nomina- eral Clark stated that he agrees with traveled to Fort Campbell immediately tion of GEN Robert Clark. He deserves these findings, but that he was never- after hearing about her son’s murder. it and he has earned it. theless not aware of even a single in- She was assigned an Army liaison offi- Mr. President, I yield the floor. stance of anti-gay harassment before cer, Lieutenant Colonel Stratis, as Mr. WARNER. Mr. President, may I the murder. their point of contact with Fort Camp- express appreciation to my colleague On July 5, 1999, after enduring anti- bell and the Army. Two or three days from Kentucky again for his taking gay harassment for many months, in- after the murder, she made a request to long hours to personally look into this cluding harassment by members of his Lieutenant Colonel Stratis to meet case in a very objective way and in chain of command, Private Winchell with General Clark to talk about her reaching his conclusions. was bludgeoned to death with a base- son’s death. Lieutenant Colonel Stratis I yield the floor. ball bat by a fellow soldier in his bar- told her that General Clark was unable The PRESIDING OFFICER. The Sen- racks. to meet with them. ator from Massachusetts is recognized. It seems clear that if General Clark There are three possible explanations Mr. KENNEDY. Mr. President, I ask had exercised his responsibility to deal for this dispute of fact: Ms. Kutteles the Chair to remind me when I have with the serious anti-gay harassment may have submitted a false affidavit, used 15 minutes. that was prevalent at Fort Campbell General Clark may have given false in- The PRESIDING OFFICER. The during his 17 months of command lead- formation to the Committee, or Gen- Chair will do so. ing up to the murder of Private eral Clark was, for some reason, not in- Mr. KENNEDY. Mr. President, I op- Winchell, the murder would probably formed by his staff about the parent’s pose the nomination of Major General not have occurred. request. Clark to the rank of lieutenant gen- Even more serious, however, was Like others on the Armed Services eral. General Clark’s performance at Fort Committee, I have met with the par- I agree that General Clark has a Campbell in the days, weeks, and ents, and I was struck by their sin- strong record as a soldier. He has re- months following the murder. A brutal cerity, their patriotism, and their con- ceived numerous decorations for his bias-motivated hate crime is an ex- tinuing support for our Armed Forces distinguished service and courage, and traordinary event in any community, in spite of the tragedy. I find it dif- he has served in a number of leadership civilian or military, and it demands an ficult to believe that they are lying or

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.047 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15031 mistaken when they say they asked for there was ‘‘no evidence’’ that Private tives we had undertaken to eliminate anti- a meeting with General Clark. Winchell was killed because he was gay harassment. I also reinforced our long- Nevertheless, that appears to be the gay. This statement was clearly false, standing policy of treating all soldiers with position of the Army inspector general, and it also raised a far more serious dignity and respect. who states in his most recent memo- issue about whether the command at In fact the article itself contains no randum, dated October 20, 2003, that Fort Campbell was undermining the information regarding efforts to ad- the mother’s statement in the affidavit ability of the Government to prosecute dress anti-gay harassment—not even a is ‘‘unfounded.’’ The inspector general the murder as a bias-motivated offense. statement that such harassment is states that his office ‘‘determined, In fact, anti-gay harassment contin- wrong. The article includes only two after extensive interviews, none of the ued in the months following the mur- references to homosexuality. key staff members and other relevant der. First, General Clark writes that he witnesses recalled receiving or learning The continuing anti-gay harassment has requested a review and assessment: of such a request.’’ at Fort Campbell was also accom- to determine whether any member of this I have seen several of the affidavits panied by a sudden exodus of soldiers command violated the Department of De- relied upon by the inspector general, discharged for violations of the Homo- fense Homosexual Conduct Policy in any and I found the statements relied on to sexual Conduct Policy. In the 10 interaction with PFC Barry Winchell. be disturbingly non-responsive. These months after the murder, 120 soldiers Second, he writes that he has: affidavits fail to resolve the serious were discharged from Fort Campbell issued a policy on the handling of discharges factual dispute about whether the par- under this policy, compared to only 6 for homosexual conduct to ensure these mat- ents requested a meeting with General such discharges from Fort Campbell ters preserve the privacy and dignity of indi- Clark, and it seems improper for the during the same time period in the pre- vidual soldiers. Army inspector general to suggest that vious year. In all of 1999, there were 271 There is nothing in the article about no such request was made. such discharges in the entire Army. anti-gay harassment. It deals only with I believe that it is inappropriate for Instead of dealing directly with the the ‘‘Don’t Ask, Don’t Tell’’ policy. the Senate to act on this nomination problem of anti-gay harassment, Gen- The article refers only to General until this issue is more satisfactorily eral Clark chose to deny that any prob- Clark’s efforts to improve barracks resolved. lem existed. In an op-ed article in the conditions generally and his ‘‘special General Clark states that he was not New York Times, a year after the mur- emphasis’’ on the dignity of all sol- aware of any instance of anti-gay har- der, he stated that ‘‘There is not, nor diers. Much of the article is defensive assment on the base before the murder. has there ever been during my times in tone; General Clark writes that the At the very least, the murder should here, a climate of homophobia on soldiers at Fort Campbell are the ‘‘best have made painfully clear that anti- post.’’ we have ever had,’’ that they are ‘‘in- gay bias and anti-gay harassment were In addition, he refused to meet with tolerant of abuse of anybody for any real and pressing problems at Fort groups concerned about the welfare of reason,’’ and that ‘‘leaders’’ at Fort Campbell, problems that demanded an gay soldiers, including a local gay com- Campbell ‘‘set the example through immediate and effective response. Yet munity group, and the Servicemembers word and deed.’’ He concludes with this from the very start, and throughout Legal Defense Network, a national or- sentence: the remainder of his command, General ganization. This is the climate that exists at Fort Clark and his office took patently inef- Another of General Clark’s most seri- Campbell, in contrast to which you have fective steps to respond to these spe- ous failure of leadership after the mur- seen on TV and in the papers during these cific problems. der is the fact that, from all the evi- past few months. Two days after the murder, the Fort dence we have seen, he did not even This tone has characterized much of Campbell public affairs office issued a once speak out against the specific General Clark’s public statements dur- statement describing the incident as a problems of anti-gay harassment and ing the remainder of his command at ‘‘physical altercation in a post bar- anti-gay violence, or implement any Fort Campbell. On June 9, 2000, he said racks,’’ insinuating that Winchell was training for the soldiers against it. at a news conference that he objects: partly responsible for his own death. In He did take general steps after the fact, Winchell was asleep in the bar- in the strongest terms to the way our sol- Winchell murder to address the quality diers, and the climate that embraces them, racks when he was attacked by his kill- of life for soldiers at Fort Campbell, have been characterized. er. General Clark stated that he prob- and he reinforced existing programs on At a Rotary Club meeting in March ably learned about the false press the need to treat all soldiers with ‘‘dig- statement 3 or 4 days later, following 2000—another event listed by General nity and respect.’’ These measures Clark as an example of his efforts to his return to Fort Campbell from the were helpful, but hardly sufficient to Walter Reed Army Medical Center. He address anti-gay harassment—press re- address the specific problem of anti- ports, say that he: said he did not instruct the public af- gay harassment. fairs office to retract the statement or Private Winchell’s murder was an used the Rotary speech to lambaste the Ken- tucky New Era and other area newspapers issue a correction because ‘‘comments anti-gay hate crime, and it called for, by my command spokesperson regard- at the very least, a clear and unequivo- for printing an earlier story on his re- ing the case might well have influenced cal statement by Fort Campbell’s com- fusal to allow Servicemembers Legal the investigation, or suggested that I manding officer that violence against Defense Network to place an advertise- had reached premature conclusions homosexuals is wrong. According to ment in the post newspaper. about the case, and might have influ- the record, no such statement was ever The ad had listed an anonymous hot- enced or tainted the deliberations of made. line number for the Army inspector any soldier serving on a court martial- General Clark has been asked repeat- general’s office and the telephone num- panel.’’ edly for instances in which he spoke ber for the organization. General Clark It is important for a commanding of- publicly about anti-gay harassment. In justified his decision to reject the ad ficer not to make statements that his response last November 6, 2002 to on the ground that the inspector gen- might influence an investigation or written questions, he listed a number eral’s office had all the access it needed court-martial. But it is well estab- of speeches, press conferences, and pub- to soldiers on post. Newspaper reports lished in military law that a statement lications, but none of these examples of General Clark’s Rotary Club speech may be made to correct a false public dealt with the specific problem of anti- contained no mention of any statement statement, in order to avoid prejudice gay harassment. condemning anti-gay harassment. to the Government or the accused. For example, General Clark wrote I have repeatedly asked the Depart- General Clark’s explanation is doubly that on January 14, 2000: ment to investigate this issue further, unconvincing in the light of the fact I published an article in the post news- to find out whether in fact General that the Fort Campbell public affairs paper, The Fort Campbell Courier, in which Clark made any statements specifi- office made a statement, 2 days after I emphasized the quality of soldiers serving cally addressing anti-gay harassment Clark returned to Fort Campbell, that at Fort Campbell, and outlines the initia- and anti-gay violence following the

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.054 S18PT1 S15032 CONGRESSIONAL RECORD — SENATE November 18, 2003 Winchell murder. But the responses of civilians. Then Fort Bragg commanding gen- mate situation issued a report sup- the Department have been inadequate. eral, LTG John Keane, currently General porting the demotion of General In response to similar questions by Keane, did the following actions after the Dallager and recommending an addi- the parents, the inspector general stat- murder: At Fort Bragg, an on-base memorial serv- tional review to assess the actions ed: ice for ‘‘remembrance and reconciliation’’ taken by other leaders and holding in- During the 6 months following the murder, was held 1 year after the murders. Lieuten- dividuals accountable. Major General Clark was personally involved ant General Keane publicly communicated On General Clark, in July 1999, two in talking to Commanders at all levels about strong condolences. Fort Campbell soldiers murdered Barry the anti-gay harassment. On General Clark’s actions after the Winchell because they believed him to There have been other cases where murder, he declined to meet with the be gay. This murder occurred on the commanding officers have had to re- Winchell family, did not attend the base, in the barracks. This murder and spond to tragedies, and they have done Winchells’ on-base memorial service additional problems with antigay har- so in a variety of ways that dem- held shortly following the murder, and assment occurred during the tenure of onstrate their leadership. did not hold any subsequent memorial Commander Clark and there has been Many have drawn comparisons be- events. no response. tween General Clark’s response in this LTG John Keane invited the NAACP My final point on the ultimate re- case and General John Keane’s re- and the ADL to discuss the murders sponsibility: sponse to the murder of African Amer- and work with the base to improve the General Dallager is the Academy leader— ican civilians at Fort Bragg by racist racial climate. The local NAACP lead- [this was the finding]—bearing ultimate re- soldiers. After these murders, General er, James Florence, on the NAACP’s sponsibility for the failure to adequately re- Keane held a 1-year anniversary re- relationship with Fort Bragg, said: spond to sexual assault issues. membrance and publicly offered his The Panel concurs with the decision . . . to Since [the murders] we have had a liaison retire General Dallager. . . . condolences. He met with the NAACP with Fort Bragg. We can talk with them al- and the Anti-Defamation League to most any time we need. Retire him. On the ultimate responsibility, Army discuss the murders and consider ways General Clark declined to meet with leadership doctrine states that com- to improve the racial climate. the gay groups, declined to meet with manders: General Keane offered very strong the legal defense funds, and declined to public statements against racism, and meet with gay veterans organizations. . . . have to answer for how their subordi- nates live and what they do after work. he implemented sensitivity training on There is a dramatic difference be- the base. General Clark did none of tween two commanding officers and That is in the field manual. this. how they dealt with the hate crimes. In a July 19, 2000 article in the New In all the services, discrimination General Keane’s response to the sol- York Times, General Clark stated: against gays is codified in the ban on diers after the murders? LTG John There is no, nor has there ever been during their service in military. In reporting Keane and the Army launched an ag- my times here, a climate of homophobia on post. anti-gay discrimination, soldiers face gressive program to ‘‘weed skinheads potential investigation, further harass- and extremists out of the military.’’ General Shinseki, on July 21, 2000, ment, and even discharge. This makes General Keane said: stated in a DoD News Briefing: this population even more vulnerable We did not see this cancer coming. We We take full responsibility for what hap- to acts of harassment and violence, missed the signs, symbols, and manifesta- pened to Private Winchell. . . . which makes it even more essential for tions of extremism. There is General Shinseki taking re- leaders to act quickly and effectively General Keane implemented sensi- sponsibility. There is a general. in response to attacks on soldiers per- tivity training at Fort Bragg regarding We take full responsibility for what hap- ceived to be gay. race relations. He said: pened to Private Winchell. In the recent controversy at the Air We’ve educated our people, in terms of General Clark has failed to accept Force Academy, the senior leadership what to look for and how to deal with it, and similar responsibility in this case and has been held accountable, from the when we find soldiers whose attitudes and doesn’t deserve the promotion. Commandant of the Academy, to the behavior are disruptive to good order and On another matter, I believe there is Secretary of the Air Force. The Com- discipline of our unit, we are going to act. some remaining time. mandant of the Air Force Academy has General Clark publicly stated there Mr. WARNER. Mr. President, I was been held responsible for the short- was not a climate of homophobia on going to reply to some of the points my comings of his subordinate com- Fort Campbell, did not make any pub- colleague from Massachusetts made. As manders. lic statements or issue any written di- you well know, the General—— General Clark never held a single of- rectives and never publicly commu- Mr. KENNEDY. May I reserve the re- ficer responsible for the command cli- nicated an appreciation of the harm mainder of my time? Is this on the mate that led to the murder of Private caused by the antigay murder. Senator’s time? Winchell. General Clark did not take There are dramatic differences be- Mr. WARNER. Yes. responsibility for addressing the prob- tween how an officer dealt with this, Mr. KENNEDY. Since I had the floor, lem of anti-gay harassment at Fort who continues to serve with great dis- I want this additional comment I Campbell after the murder. He should tinction in our service, and the nomi- would like to make on another subject, bear the ultimate responsibility for the nee. but I also want to respond to the ques- climate that led to this tragedy and for Finally, here is the comparison be- tions of the Senator, so I will be glad not remedying that climate afterwards. tween General Clark’s response to the to do whatever you would like. These are important questions that murder of PVT Barry Winchell and the Mr. WARNER. Mr. President, par- go to the heart of this officer’s suit- response of the Air Force Academy liamentary question: We are on this ability for promotion to lieutenant leaders on sexual assaults. At the Air nomination with 2 hours of debate and general. The Senate deserves better in- Force Academy during the period of 1 hour each divided equally. I manage formation acting on such a controver- 1993 through 2003, 60 cases of sexual as- this side and Senator KENNEDY man- sial nomination. sault were reported. Earlier this year, ages that side. If the Senator wishes to I will just review for a few moments LTG John Dallager, the academy com- go on to another matter, I am not sure the difference between Fort Bragg and mandant from 2000 to 2003, lost his how the Senator wishes to handle this. Fort Campbell. This is the difference, third star and retired as a major gen- Mr. KENNEDY. Mr. President, it is the comparison between General eral because the Secretary of the Air not difficult, I think, since I have 40 Keane’s response to the murder of two Force determined he ‘‘did not exercise minutes. I will use my remaining time African-American civilians and Gen- the degree of leadership in this situa- and ask that my comments be inserted eral Clark’s response to the murder of tion that we expect of our com- into another part of the RECORD so it PVT Barry Winchell. Fort Bragg: manders.’’ doesn’t interfere, and then I will be In December 1995, three White Fort Bragg In September 2003, an independent glad to answer any questions of the soldiers murdered two Black North Carolina panel commissioned to review the cli- Senator.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.056 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15033 Mr. WARNER. Mr. President, I won- these tragic situations—that it was Mr. President, MG Clark is highly der if the Senator from Massachusetts generally a positive command climate. qualified for promotion to the rank of will accommodate the Senator from There were some isolated instances of lieutenant general assignment as Com- Virginia. I would like to make some harassment, sexual in nature. I concede mander of the Fifth United States comments with respect to his impor- that is in the RECORD. But the total Army. He was first nominated for this tant remarks while they are fresh in quantity of these incidents, in my position in the fall of 2002. He has ap- the minds of the listeners. I think it is judgment, was not indicative of a peared before the Senate Armed Serv- appropriate that I take a little time. breakdown in the command respon- ices Committee in executive session on Then, as far as I am concerned, we will sibilities under General Clark. two separate occasions, and, on both both yield back our time and the Sen- General Clark, as I said, came to the occasions conducted himself with ator from Massachusetts can take committee on two occasions and sub- deferrence and respect for the members some time on another matter, if he jected himself quite willingly—indeed, of the committee, and with apprecia- wishes. Is that helpful? under oath; I put him under oath at the tion for the Constitutionally-based ad- Mr. KENNEDY. How long did the second hearing—and he responded to vise and consent power—and responsi- Senator plan to speak? the cross-examination, much of which bility—of the Senate. Not surprisingly, Mr. WARNER. I will summarize my the distinguished colleague from Mas- General Clark has the full support of comments in about 5 or 6 minutes, at sachusetts has raised today. the Chief of Staff of the Army, General the conclusion of which we could both In conclusion, he has an extremely Schoomaker, and the civilian leader- yield our time. impressive record of military service ship of the Army for this promotion. Mr. KENNEDY. Mr. President, if the stretching back to 1970. Much of that General Clark has an extremely im- Senator wants to address the Senate has been covered by my colleague from pressive record of military service stretching back to his commissioning first, Senator DAYTON was yielded 15 Kentucky. minutes. Mind you, Fort Campbell is an instal- in 1970. General Clark’s military record includes combat service in Viet Nam Mr. WARNER. That is under the lation that can at times host a daily for which he was awarded the Bronze order. I didn’t realize he just walked in population of 24,000 military personnel Star with Combat ‘‘V.’’ He has served the Chamber. I am trying to do the and over 200 company-sized units. as a Battalion Commander and a Bri- best I can to accommodate everybody In July of 1999, this brutal murder gade Commander with the renowned and manage the time efficiently. But I was committed at Fort Campbell by an ‘‘Screaming Eagles’’ of the 101st Air- do desire at this point in time an op- intoxicated 18-year-old soldier who borne Division. In this capacity, he portunity to reply to my colleague used frightful force against PFC Barry participated in Operations Desert from Massachusetts. Winchell. This resulted in his death, al- Shield and Desert Storm. Major Gen- Mr. KENNEDY. Mr. President, I will legedly while he was sleeping. No one eral Clark later served as Chief of Staff yield the floor for that purpose and ask underestimates the seriousness of this for the 101st Airborne Division, and unanimous consent that at the conclu- crime. from 1998 through 2000 as Commanding sion I be recognized. Senator LEVIN and I met in May of General of the 101st Airborne Division The PRESIDING OFFICER. Without this year with the parents of Private and Fort Campbell, KY. objection, it is so ordered. First Class Winchell. Like General Fort Campbell is an installation that Mr. WARNER. Mr. President, the Clark, we extended our sympathy and can, at times, host a daily population Senate had a comparison between how sorrow for their loss. The committee of over 24,000 military personnel and General Keane and General Clark han- listened very closely to the assertions over 200 company sized units. In July dled problems within their respective they made about a lack of appropriate 1999, a brutal murder was committed at commands. General Clark was the con- treatment by General Clark and short- Fort Campbell by a drunken, 18-year- vening authority, and the tragedy that falls in discipline and a secure environ- old soldier who bludgeoned Private occurred to which the Senator referred, ment at Fort Campbell during the time First Class Barry Winchell to death in and which is the subject of some com- their son was stationed there. his sleep. This tragic and senseless ments here today, came up through the At the conclusion of the meeting, crime was not foreseeable—not foresee- military command, was handled by the Senator LEVIN and I asked Private able by PFC Winchell’s company com- military courts and the military au- First Class Winchell’s parents to put mander and certainly not foreseeable thorities, and adjudicated. As the con- the questions and concerns they had by Major General Clark. General Clark vening authority, I think he took some raised with us at that meeting in a let- capably and competently fulfilled his prudent steps to make certain that in ter, and we would obtain answers from responsibility as General court-Martial no way could he be accused of com- the Department of Defense—specifi- convening authority in this murder mand influence. The tragedy in Gen- cally, the Department of the Army— trial and took steps necessary to en- eral Keane’s command was tried in the and share those answers with them. sure that the perpetrator of this crime civilian courts, and as such he was not That we did. The parents sent us a let- and an accomplice were brought to jus- the convening authority. He then had ter and Senator LEVIN and I forwarded tice. This was accomplished and the the opportunity to do some things these questions to the Department. In soldier who murdered PFC Winchell is which I believe General Clark did not. September, the Department responded serving a life sentence. Out of this tragedy, there were les- to questions and expressed continued Senator LEVIN and I met in May of sons learned in the Army. I think some support for Major General Clark’s nom- this year with the parents of PFC important new policy matters were put ination. Winchell. We, like General Clark, ex- into the regulations. Otherwise, not all I ask unanimous consent that all of tended our sympathy and sorrow for was lost in this tragic situation. these matters be printed in the RECORD their loss. As leaders of the committee, I ask unanimous consent to have at the end of my statement. we listened very closely to the asser- printed in the RECORD the Army In- The PRESIDING OFFICER. Without tions they made about a lack of appro- spector General’s Report on Fort objection, it is so ordered. priate treatment by General Clark, and Campbell at the conclusion of my re- (See exhibit 2.) shortfalls in discipline and a secure en- marks. That is the first section of it Mr. WARNER. Mr. President, not vironment at Fort Campbell during the that addresses a number of points that only the steps taken by the Armed time their son was stationed there. are raised by the Senator from Massa- Services Committee, together with my At the conclusion of our meeting, chusetts. distinguished colleague Senator LEVIN, Senator LEVIN and I asked PFC The PRESIDING OFFICER. Without but indeed by the Department of the Winchell’s parents to put the questions objection, it is so ordered. Army into other areas overall reflect, I and concerns that they had raised with (See exhibit 1.) think, that our committee carefully us in a letter, and we would obtain an- Mr. WARNER. Mr. President, I be- looked into this matter and that the swers from the department and share lieve from reading this report—not in Department of the Army was respon- those answer with them. The parents the words of the Senator from Massa- sive to the questions raised by my col- did so, and we sent their questions to chusetts that no one was trying to stop leagues. the department in June.

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.054 S18PT1 S15034 CONGRESSIONAL RECORD — SENATE November 18, 2003 In late September, the department existing in PFC Winchell’s unit prior to his conduct; and commanders and investigating responded to the questions, and ex- death and an overall assessment of the com- agencies would not initiate investigation pressed continued support for Major mand climate existing at Fort Campbell solely to determine a member’s sexual ori- General Clark’s nomination. The Army prior to PFC Winchell’s death, specifically as entation. On 30 November 1993, Congress en- it related to the Policy. Finally, the DAIG acted 10 United States Code (USC), Section undertook to conduct inquiries was directed to provide an overall assess- 654, policy concerning homosexuality in the through the Army Inspector General in ment of the Department of the Army’s (DA) armed forces. response to the questions raised by the implementation of the Policy. The Fort ASSESSMENT RESULTS parents, and, I believe, did respond Campbell assessment provided the initial Finding 1 data for the Army assessment of the Policy. fully to the issues that were raised. Objective: Examine alleged violations of The Army IG will continue to assess these In late September, Senator LEVIN the DOD Homosexual Conduct Policy during issues as part of their continuing inspection and I forwarded the Department’s re- the period preceding PFC Winchell’s death. sponse to PFC Winchell’s parents invit- program. Findings: 1. A preponderance of evidence ing them to respond. They did so on Task Force Composition, Training, and Method- indicated that two noncommissioned officers October 8th. On October 10, Senator ology (NCOs) in PFC Winchell’s chain of command A Task Force of 27 individuals was estab- LEVIN and I forwarded their letter to and a fellow private (PVT) inquired into PFC lished to conduct the investigation and as- the department together with addi- Winchell’s sexual orientation. In addition, at sessment in accordance with the directive. least one NCO referred to PFC Winchell as a tional questions from Senator KENNEDY The Task Force was composed of inspectors ‘‘faggot.’’ requesting comment. We received a re- general (IGs), one legal advisor, and subject 2. In spite of this, however, the evidence sponse from secretary Abell and Acting matter experts. During early February, the gathered demonstrated that the chain of Secretary Brownlee on October 21st Task Force received training from the sub- command was proactive in terminating the and, shortly thereafter, we conducted ject matter experts in the areas of the Policy sporadic incidents of derogatory or offensive our second executive session. itself, Equal Opportunity (EO), interview cadences during unit marches and physical The committee compiled a very thor- techniques, and group dynamics. Further, training (PT) formations. Summary: Evidence obtained from Fort ough record about all the issues raised the Task Force conducted mock individual interviews and group sensing sessions in Campbell indicated that in late May 1999 by Senator KENNEDY and others. I will order to validate the assessment strategy. PFC Winchell asked an NCO from his unit, D not go into specific details, but it is Finally, at the request of the Company, 2nd Battalion, 502nd Infantry important to note that the Army In- Servicemembers Legal Defense Network Regiment, ‘‘What would happen if a guy in spector General conducted an inves- (SLDN), key leaders of the Task Force met the military was gay?’’ In responding to that tigation into the circumstances sur- with representatives of the SLDN to identify question, the NCO asked PFC Winchell if he rounding the July 1999 death of PFC specific concerns of the organization. The was a homosexual. Testimony revealed that Winchell after the court-martial was SLDN is a national legal aid organization the NCO asked the question in an effort to that assists soldiers affected by the Policy. offer assistance to PFC Winchell in getting completed, and the IG found no basis to The scope of the assessment included the professional guidance or assistance in ad- support accusations of dereliction of following: Interviews with the commanding dressing the issue. duty and failure of leadership by Gen- general, 101st Airborne Division (Air As- Evidence gathered indicated that an NCO eral Clark. To the contrary, the inves- sault), both assistant division commanders in PFC Winchell’s unit referred to PFC tigation found a positive command cli- who were occupying those positions in July Winchell as well as other members of the mate at Fort Campbell and refuted the 1999, and interviews with 47 brigade and bat- unit as ‘‘faggots’’ in describing those who assertions that Major General Clark talion-level commanders from both divi- failed to perform to his standards. On one oc- casion, the NCO referred to PFC Winchell as should have done more or could have sional and nondivisional tenant units. In ad- dition, the Task Force conducted 68 sensing a ‘‘faggot’’ after PFC Winchell reported to prevented this tragedy. sessions composed of soldiers randomly-se- work in what appeared to be an intoxicated I am very concerned about ensuring lected by utilizing the last two digits of the state. accountability of military officers, and social security number. In these sessions, 568 The preponderance of evidence dem- I have insisted at looking very closely soldiers were interviewed and 1,385 command onstrated that PFC Winchell’s chain of com- at the actions of military leaders who climate surveys were administered through- mand did not condone demeaning or deroga- are entrusted with command. I am sat- out Fort Campbell. With respect to the sens- tory cadences made during the conduct of isfied that General Clark did not fail in ing sessions, it should be noted that all of unit PT. In those instances where inappro- these soldiers were assigned to Fort Camp- priate remarks were made, company leaders his command responsibility and is fully made on-the-spot corrections. deserving of promotion. I urge my col- bell from the period of April 1999 through February 2000. In addition, participants who Finding 2 leagues to support this nomination. completed a command climate survey were Objective: Determine whether the local EXHIBIT I informed that the responses would be anony- IG’s office responded appropriately to any EXECUTIVE SUMMARY mous. complaints of violations of the DOD Policy it Background In addition to interviews conducted on may have received prior to PFC Winchell’s On 5 July 1999, Private First Class (PFC) Fort Campbell, the investigation team con- death. Barry Winchell, D Company, 2nd Battalion, ducted on-site interviews at Fort Benning Finding: The Fort Campbell IG office prop- 502nd Infantry Regiment, Fort Campbell, and Fort Leonard Wood, as well as tele- erly responded to the only known complaint Kentucky, was murdered by a fellow soldier. phonic interviews with soldiers assigned to of a violation of the Policy prior to 5 July Following this incident, and amid claims Korea, Fort Drum, Fort Knox, Fort Jackson 1999 when they followed standard Army IG that PFC Winchell was murdered because he and the United States Military Academy. Ci- guidance by recommending PFC Winchell was or was perceived to be a homosexual, al- vilian members of the Fort Campbell com- provide his commanders the opportunity to legations arose concerning the command cli- munity as well as former members of the resolve his complaint prior to direct IG mate at Fort Campbell particularly as it re- Army were also interviewed by the inves- intervention with the command. lated to the command’s enforcement of the tigation team. Summary: Immediately after the NCO Department of Defense (DOD) Homosexual Finally, Task Force members gathered rel- called PFC Winchell a ‘‘faggot,’’ another Conduct Policy [hereinafter the Policy]. The evant data through on-site inspections and NCO escorted PFC Winchell to the IG office Army pledged early on to assess the com- additional periodic spot checks of unit recre- to file a complaint. Upon being advised that mand climate and investigate the alleged ation centers, public use areas, and barracks he should provide his commander the first violations of the Policy; however, to avoid living areas. Finally, the Task Force secured opportunity to address the issue, PFC interfering in the individual judicial pro- information by directly observing on-post Winchell was then escorted to his company ceedings underway, the Army could not soldier events to include physical fitness commander. Evidence obtained indicated begin that effort until the conclusion of the training sessions. that the company commander counseled the two courts-martial arising out of PFC History and Background of the Policy NCO regarding his inappropriate remarks. Winchell’s death. On 29 January 1993, the President directed Finding 3 On 10 January 2000, the Secretary of the the Secretary of Defense (SecDef) to review Objectives: 1. Conduct an overall assess- Army (SA) directed that the Department of DOD policy on homosexuals in the military. ment of the command climate existing at the Army Inspector General (DAIG) conduct On 19 July 1993, the SecDef directed the fol- Fort Campbell prior to 5 July 1999, specifi- an investigation into the facts and cir- lowing: applicants for military service as cally as it relates to the application and en- cumstances surrounding the death of PFC well as current servicemembers would not be forcement of the DOD Policy. Winchell as it related to the Policy (en- asked nor required to reveal their sexual ori- 2. Assess the degree to which PFC closed) [hereinafter referred to as directive]. entation; sexual orientation would not be a Winchell’s chain of command understood the In addition, the DAIG was tasked to conduct bar to entry into the service or continued application and enforcement of the DOD Pol- an assessment of the command climate then service unless manifested by homosexual icy.

VerDate jul 14 2003 03:47 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.051 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15035 3. Conduct sensing sessions with randomly- Summary of Findings: The preponderance ducted, however, did not contribute mean- selected members at Fort Campbell to deter- of evidence did not support PV2 Torres’ alle- ingfully to an understanding or working mine the degree to which members felt they gation that he was personally harassed at knowledge of the Policy. understood the Policy and the degree to Fort Campbell; however, evidence does sup- As a result, most personnel did not dem- which the Policy was being enforced. port his allegation of routine personal har- onstrate a clear understanding of their re- 4. Assess the command climate of D Com- assment at Fort Benning and occasional per- sponsibilities under the Policy and the pany, 2nd Battalion, 502nd Infantry Regi- sonal harassment at Fort Knox. The prepon- standards contained within the Policy. ment before 5 July 1999. derance of evidence supported PV2 Torres’ Finding 6 Findings: 1. Through sensing sessions, allegations that during initial entry training interviews, and surveys across Fort Camp- (IET) at Fort Benning, one drill sergeant im- Objective: Assess whether current training bell, it was determined that the command properly addressed or referred to him as a materials adequately convey the substance climate at Fort Campbell before 5 July 1999 homosexual, and another PVT provoked a of the Policy. was a positive environment with exceptions fight with him by routinely taunting him Findings: 1. Currently, commanders, lead- related to medical support, on- and off-post and referring to him as a homosexual. The ers, and soldiers at Fort Campbell do not housing, after-duty-hours recreation, and evidence also supported PV2 Torres’ allega- have a clear understanding of the Policy be- shortages of personnel in authorized grades. tion that at Fort Campbell a senior NCO im- cause training and informational materials Most soldiers indicated satisfaction with properly used terms derogatory to homo- do not adequately convey the substance of their mission, training, and organizational sexuals while trying to motivate male sol- the Policy. leadership. diers to perform to standard and two NCOs 2. Training and informational guidance 2. With respect to the Policy, it was clear improperly used terms derogatory to homo- contain key words (Don’t Ask, Don’t Tell) that the chain of command, from com- sexuals while singing cadences during a that are not defined in doctrine. manding general (CG) through company physical training run. It did not support his Summary: Based on interviews with com- leaders, responded appropriately to matters allegations that an NCO in his unit at Fort manders, leaders, and soldiers, the results of with respect to enforcement of the Policy. Campbell improperly used anti-homosexual the command climate survey, and a review of 3. The specific assessment of D Company, records and files at Fort Campbell, it was de- 2nd Battalion, 502nd Infantry Regiment’s language while conducting training on the Homosexual Conduct Policy, that a soldier termined that the training provided on the command climate prior to 5 July 1999 was de- Policy is not clearly written, not tailored to termined to be poor due primarily to leader- at Fort Knox improperly inquired into his sexual orientation, and that an NCO in his specific audiences based on rank and duty ship failure of a senior NCO, perceptions per- positions, fails to adequately convey the sub- taining to underage drinking, and other fac- unit at Fort Campbell improperly inquired into his sexual orientation. stance of the Policy, and is presented in a tors beyond the direct control of the com- format which does not foster open and mean- pany, such as shortages of personnel in au- The preponderance of evidence supported allegations that an NCO at Fort Campbell ingful discussion on the issues. thorized grades and quality of life (QOL) Informational materials distributed to issues. read a joke to soldiers that was demeaning to homosexuals; anti-homosexual graffiti Army personnel, to include a Hot Topics Summary: In evaluating the overall com- pullout in Soldiers Magazine and a trifold mand climate at Fort Campbell, personnel was present on a wall of a latrine in a unit area, a latrine in a public recreation area, pamphlet, suffered from the same defects ac- were asked to compare the command climate cording to personnel. The use of the terms as it existed in February 2000 with the com- and a latrine in a work area at Fort Camp- bell; and a nongovernmental civilian, not a ‘‘Don’t Ask’’ and ‘‘Don’t Tell’’ in the infor- mand climate the year prior. Overall, per- mational materials without providing defini- sonnel indicated that the command climate soldier, sent an e-mail containing anti-ho- mosexual language to a former soldier at tions to explain these phrases created a large was favorable. The majority of personnel amount of anxiety and confusion. questioned believed that the leadership at Fort Campbell. The preponderance of evi- Fort Campbell was effective and concerned dence did not support allegations that anti- Finding 7 and treated personnel favorably. In addition, homosexual comments made by soldiers at Objective: Provide an overall assessment of the majority of personnel questioned felt Fort Campbell were the ‘‘norm,’’ soldiers the DA’s implementation of the DOD Policy that the chain of command responded appro- made threatening and inappropriate com- by assessing: priately to issues presented to them. Finally, ments during training on the Policy, an e- 1. Whether the Policy is being fairly ap- personnel believed that the leadership led by mail with a sound wave file attached that plied within units. example. contained language demeaning to homo- 2. Whether there are currently any other QOL issues contributed to low morale at sexuals was circulated at Fort Campbell, and perceived deficiencies in the Policy which Fort Campbell. Specifically, issues relating an NCO’s chain of command improperly in- preclude effective training, application, and to the conditions in the barracks, problems quired into his sexual orientation. enforcement of the Policy. associated with medical care at Fort Camp- Finding 5 Findings: 1. The Policy is being fairly ap- bell, and treatment received by soldiers from Objectives: 1. Assess the degree to which plied at Fort Campbell; however, the Policy the civilian employees and individuals in the PFC Winchell’s chain of command under- with respect to discharges and substantial surrounding civilian communities were the stood the application and enforcement of the investigations is not being implemented as major areas of concern to those questioned. Policy. intended because commanders perceive an In general, the application and enforce- 2. Conduct an overall assessment of the unacceptable risk to the unit and soldier by ment of the Policy did not appear to be a command climate that existed then at Fort retaining soldiers who make admissions of problem at Fort Campbell. Most leaders took Campbell, specifically as it relates to the ap- homosexuality. appropriate action in instances where appli- plication, enforcement, and training con- 2. Commanders have difficulty in balancing cation of the Policy was warranted and ap- ducted on the Homosexual Conduct Policy. their responsibility to maintain morale, unit peared to be operating well within the con- 3. Conduct sensing sessions with randomly- cohesion, good order, and discipline while en- fines of the Policy. Soldiers acknowledged, selected military members at Fort Campbell forcing the Policy. They perceive that the however, that the joking and bantering that to determine the degree to which members current implementing instructions restrain had occurred prior to July 1999 on a regular felt they understood the Policy and the de- their latitude to conduct inquiries and pre- basis could be viewed as harassment. Fol- gree to which they believed the Policy was clude them from exercising reasonable dis- lowing training on the Policy and Consider- being enforced. cretion in initiating inquiries. ation of Others (COO), soldiers are now more Finding: There was no sustainment train- 3. AR 600–20 and subsequent Army guidance apt to reconsider uttering phrases that ing conducted at Fort Campbell on the Pol- and messages regarding the reporting of har- would likely be considered harassment. icy before 5 July 1999 because there was no assment based on homosexual orientation do However, the command climate of D Com- clearly articulated requirement on how often not adequately advise soldiers where or how pany, 2nd Battalion, 502nd Infantry Regi- personnel were to be trained and who was to to report harassment, and do not adequately ment, in the period prior to PFC Winchell’s receive the training. The published guidance advise commanders and agencies how to murder was poor. In addition to the QOL indicated: ‘‘All officers and enlisted per- process these complaints. issues identified above, soldiers in PFC sonnel of the Active Army and Reserve Com- Summary: The Task Force determined Winchell’s unit believed that personnel ponents will receive briefings upon entry and that the Policy was being fairly applied by shortages and underage drinking in the bar- periodically thereafter.’’ Institutional train- commanders at Fort Campbell. The soldiers racks to the poor command climate. The ing of personnel on the implementation and discharged under Chapter 15 were overall sat- most significant factor contributing to the enforcement of the Policy was ineffective. isfied with their treatment during the proc- poor command climate, however, was the Most officers, NCOs, and soldiers at Fort ess. The Fort Campbell commanders ex- presence of an abusive NCO in a leadership Campbell lacked an understanding and work- pressed concern in complying with the Pol- position in the unit. ing knowledge of the Policy prior to 5 July icy. They believe it places them in a profes- Finding 4 1999. sional dilemma by requiring them to choose Objective: Review and resolve allegations Summary: Nearly all soldiers, NCOs, and between retention of a soldier who declares a by Private Second Class (PV2) Javier Torres officers at Fort Campbell had received train- propensity for homosexual conduct and dis- and others of specific violations of the Pol- ing on the Policy at some point in their mili- charge when the truthfulness of his state- icy. tary career. The training that was con- ment of homosexuality is suspect. They are

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.061 S18PT1 S15036 CONGRESSIONAL RECORD — SENATE November 18, 2003 reluctant to conduct inquiries of the truth- policies and actions of the dignity and re- use the elderly and the disabled’s need fulness of an admission because of the per- spect for all soldiers directed by Major Gen- for affordable prescription drugs as a ceived risk to both the unit and the indi- eral Clark while serving as the Commanding Trojan horse to destroy the program on vidual soldier. General of the 101st Airborne Division and which they have relied for 40 years. Commanders stated to the Task Force that Fort Campbell; and a list of initiatives im- they had difficulty in balancing the enforce- plemented by Major General Clark with re- It is important to understand how we ment of the Policy and the requirement to spect to Homosexual Conduct Policy subse- got to this point. maintain morale, unit cohesion, good order, quent to the death of Private first Class First of all, we all understand that and discipline. Commanders expressed con- Winchell. Medicare is one of the most beloved cerns that the Policy precludes them from After careful review of all information, the programs this Nation has ever enacted. conducting an inquiry when presented with Secretary of Defense and the Secretary of It is depended upon by seniors all over credible information of behavior that dem- the Army continued to support Major Gen- this country. It is a program which is onstrates a soldier may have a propensity to eral Clark for appointment to the grade of relied on and depended upon, and it lieutenant general and for assignment as engage in homosexual conduct. They believe works. If there is a failure in the Medi- the Policy precludes them from exercising Commanding General, Fifth United States reasonable discretion in determining the ne- Army. When considered in light of Major care Program, it was not to have in- cessity to conduct an inquiry. General Clark’s past performance and future cluded a prescription drug program in Information gathered by the Task Force potential, we believe proceeding with the the legislation we passed. determined that guidance on reporting har- nomination is clearly in the best interest of That really is not what this current assment based on sexual orientation by sol- the Department of the Army and the Depart- conference report is all about. This diers and investigation into such harassment ment of Defense. conference report is going to threaten by leaders is unclear and confusing. Soldiers The Department appreciates your assist- Medicare in a very significant and im- ance in facilitating the confirmation of and leaders expressed frustration with know- portant way—in a way that those of us ing how and to whom to report harassment pending nominations. and how to handle incidents of this type of Sincerely, who believe in Medicare should not harassment. They expressed the belief that CHARLES S. ABELL, permit. all harassment should be dealt with uni- Principal Deputy. We started in the Senate with a bi- formly. The PRESIDING OFFICER. The Sen- partisan bill to expand the prescription In summary commanders and leaders at all ator from Massachusetts. drug coverage. We also provided addi- levels have an inherent responsibility for es- Mr. KENNEDY. Mr. President, first tional choices to private insurance cov- tablishing a command climate that promotes of all, I thank the chairman of the erage for senior citizens as the Presi- good order and discipline essential to accom- committee, Senator WARNER, for all of dent requested. The bill was not a solu- plishing the Army’s mission. This responsi- tion for the problems senior citizens bility includes promoting unit cohesion by his courtesies during the consideration identifying and eliminating harassment be- of this nominee. I mentioned during face. It only provided about $400 billion fore it occurs or results in reports of viola- my comments that we wanted to get between now and 2012 toward the pre- tions of Army Standards. additional answers. He has been ex- scription costs that will total $1.8 tril- tremely accommodating to those of us lion. But it was a start, a downpay- EXHIBIT II who raised the questions, as he always ment. It was a fair and balanced com- OFFICE OF THE UNDER SECRETARY is as the chairman of the committee. I promise that protected Medicare and OF DEFENSE thank him for his fairness and ensuring protected senior citizens. That is why Washington, DC, March 11, 2003. that all of those who had concerns were it passed by 76 votes. Only 11 Demo- Hon. JOHN W. WARNER, crats voted no; only 10 Republicans Chairman, Committee on Armed Services, U.S. able to conduct our concerns in accord- ance with the rules. I thank him very voted no. Senate, Washington, DC. The House took a different course. DEAR MR. CHAIRMAN: I am writing in ref- much for all of his courtesies. erence to the nomination of Major General Mr. WARNER. I thank my colleague. They passed a bill that was designed to Robert T. Clark, United States Army, for ap- Mr. KENNEDY. Senator BUNNING I radically alter Medicare, not for the pointment to the grade of lieutenant general know has a great interest in this. I benefit of the elderly. That is why it and for assignment as Commanding General, thank him also. passed by a slim partisan majority of Fifth United States Army that the President I will address the Senate briefly on one vote. Now the conference has been recently sent to the Senate. The President another matter which is of importance hijacked by those who want to radi- previously forwarded Major General Clark’s and consequence to the Senate. Then I cally alter Medicare, privatize, to nomination to the Senate on September 10, voucherize it, to force seniors into 2002; however, his nomination was not acted will yield the time because I know my upon by the Senate prior to the Senate’s sine colleague wants to address this issue. HMOs and into private insurance plans. die adjournment on November 22, 2002. Then we will be prepared to move to a The bill the Senate will consider The Secretary of Defense considered re- vote. shortly is not a bill to provide a pre- ported information concerning Major Gen- How much time do I have remaining, scription drug benefit. It is a bill to eral Clark. Major General Clark was in com- Mr. President? carry out the right wing agenda and mand of the 101st Airborne Division (Air As- The PRESIDING OFFICER. The Sen- asks the elderly to swallow unprece- sault) and Fort Campbell at the time Private ator has 17 minutes of the 40 minutes. dented changes in Medicare in return First Class Barry Winchell, a member of the Mr. KENNEDY. I thank the Chair. If for a limited and inadequate small pre- command who was perceived to be homo- you would let me know when 15 min- sexual, was murdered in his barracks by an- scription drug benefit. other member of the command. The Depart- utes have been used, I would appreciate This conference report is so ill-con- ment of the Army Inspector General con- it. ceived, not only does it put the whole ducted an investigation into the facts and CONFERENCE REPORT ON MEDICARE Medicare Program at risk, it makes 9 circumstances surrounding the death of Pri- Mr. President, in a very few days we million seniors, almost a quarter of the vate First Class Winchell and the Inspector are going to be confronted with the Medicare population, worse off than General conducted a command climate as- conference report on Medicare. There they are today. If this bill passes, the sessment at Fort Campbell. Neither the in- is no more important issue facing the country will want to know: Where was vestigation nor the command climate assess- their Senator when the Senate debated ment determined that Major General Clark Congress and no more important issue was culpable. We previously provided you to senior citizens and their families. a bill that left a quarter of all seniors with a copy of the Department of the Army Every senior citizen, every child of sen- with worse drug coverage than before Inspector General’s Report and this incident ior citizens, and every American should the bill passed? Where was their Sen- was addressed in detail at an Executive Ses- understand that this legislation must ator when the Senate debated a so- sion of the Senate Armed Services Com- be defeated or drastically modified. called premium support demonstration mittee in the 107th Congress. This conference report represents a that jacked up senior citizens’ pre- I have attached a copy of the following in- right-wing agenda to privatize Medi- miums—senior citizens who live on a formation for your consideration: chro- care and to force senior citizens into fixed income, who have a median in- nology of the actions and initiatives taken by the Department of Defense and the De- HMOs and private insurance plans. The come of about $14,000—starting us down partment of the Army immediately fol- day it is implemented, it will make the road to the unraveling of Medicare? lowing the death of Private First Class millions of seniors worse off than they Where was their Senator when the Sen- Winchell; a detailed chronology of published are today. It is a cynical attempt to ate debated a bill that stacked the

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.065 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15037 deck against Medicare with a $12 bil- Some of the supporters of this pro- still, if you need some help, just come lion slush fund for PPOs and much gram claim it’s just a demonstration— my way. We have $12 billion here with higher payments for HMOs than stand- nothing to get excited about. But it’s which to reach out and help you. ard Medicare? Where was their Senator not a demonstration. Under the terms Medicare will pay at least 25 percent when the bill gave away $6 billion to of the demonstration, 7 million Ameri- more to insurance companies for every health savings accounts that could cans could be forced into the program. senior citizen who joins an HMO and jeopardize whole systems of health in- Half the States have local areas where PPO than it would cost to care for the surance? senior citizens could be forced to take same person in Medicare. That is com- On issue after issue after issue after part in this demonstration. petition? That is competition, my issue, this report abandons the bipar- And that’s just today. Tomorrow it friends? That is competition? That is tisan Senate bill and capitulates to the will be 10 million senior citizens, or 20 what is in this conference report. partisan right-wing House bill. On million, or the whole country. People The Medicare trust fund, which to- some issues it is even to the right of say we can change it. Change it? We day’s retirees paid into and rely on, what the House passed. will have to pass a law to change it. We will be robbed to lavish billions of dol- One of the most important of these will have to come to the Senate and lars on HMOs. That money, that 25 per- destructive changes is a concept called the House of Representatives to change cent additional premium, ought to be premium support. It should really be it. invested right back in terms of the called insurance company profit sup- This program will drain healthy sen- drug program for our seniors. port or senior citizen coercion support. iors from Medicare and leave behind There is no truer indication of a na- It replaces the stable, reliable, depend- those who are sick and need help the tion’s priorities than the investments able premium that senior citizens pay most and it will send premiums for it makes. The legislation the Senate for Medicare today with an unstable, those who remain in traditional Medi- considers today squanders that historic unaffordable premium. care up through the roof. People who opportunity with reckless disregard for Under premium support, the adminis- support this program make no secret the Nation’s health. tration’s own estimates show the aver- what they want to do. They are on No provision in the bill reveals its age Medicare premiums will initially record as saying that Medicare is out- warped priorities more clearly than the jump 25 percent. That is the adminis- dated and should be scrapped and sen- $12 billion slush fund to lure HMOs into tration’s estimate. Several years ago iors should be forced into HMOs. That Medicare. Let’s see if I have the reasoning be- the estimate was a whopping 47 per- is the same philosophy the President hind this fund right. The supporters of cent. embraced when he initially proposed to this legislation are so convinced HMOs The truth is, no one really knows give senior citizens a drug benefit only can provide health care to senior citi- how high the Medicare premiums could if they joined an HMO or PPO. Remem- rise. But rise they will. But we do know zens more efficiently than Medicare ber that? That is what this President that they have given HMOs a $12 bil- this. Over time, the increase will be- wanted in March of this year. You only come higher and higher and higher and lion payoff so they can compete. If get the prescription drug program if they are so efficient, why do they need higher. That is just average premiums. you left the Medicare system and a handout? Under premium support, how much you joined. We have carried that view for- I guess the sponsors believe the 9-per- pay will depend on where one lives, and ward with this program. I respect their cent reimbursement bonus HMOs al- the amount could change dramatically opinions, but they should not use a pre- ready get is not enough, and that is on from year to year. In Florida, you will scription drug program as a Trojan top of the 16 percent boost HMOs get pay $900 in Osceola and $2,000 if you horse to foist a bad idea on senior citi- from serving a healthier population. It live in Dade County. This chart dem- zens. is a good thing HMOs are so efficient or onstrates the price of premium sup- The second way this program we might have to bleed Medicare com- port. This is not my estimate of what privatizes and voucherizes Medicare is pletely dry to pay for them. the premiums are going to be. This is by providing vast subsidies to the pri- I wonder which HMO will be the the estimate of the Medicare actuaries. vate sector at the expense of Medicare. lucky winner for the $12 billion Gov- If you live in Dade County, you will Payments to the private sector will be ernment handout. Will it be United pay $2,050; if you live in Osceola, you 109 percent of the payments to Medi- Health Group, which made $1.4 billion will pay $1,000, twice as much. Explain care for the private companies. If we last year? Or maybe the $12 billion lot- that to someone who has a house in want competition, can someone explain tery winner will be WellPoint, whose Dade County when they find out their to me why we have to give 109 percent profits last year were $703 million, and neighbor is paying half of what they of what we are giving to Medicare to whose CEO made $22.4 million. Perhaps are paying because of premium sup- the private companies? Who is paying the sponsors of this legislation think port. This is just the beginning. for those billions of dollars? It is the he needs a handout to make ends meet. Premium support is a vast social ex- Medicare population. They have paid Anyone who reads the bill and comes periment using senior citizens as guin- in. They are paying in. They are the to these provisions setting up this ea pigs. If it works as the proponents ones who will pay the 109 percent. slush fund should be sickened at what intend, it will raise the premiums in I thought competition was supposed they see. I challenge the supporters of Medicare dramatically and force senior to be an even playing field. Not in this this legislation to go to a senior center citizens to join HMOs and PPOs to get bill. Medicare is at one level; the HMOs in their State, to go to the coffee shop prescription drugs. Why would anyone are at 109 percent of Medicare. That is on Main Street, to go to the churches want to make the destructive changes what they are getting. Medicare over- and explain to the seniors they meet to the Medicare Program that have pays by 16 percent because HMO enroll- why their Medicare benefits are being served senior citizens so well for 40 ees are healthier. That is according to stinted to give a $12 billion handout to years? The answer is a radical ide- the CMS, the governmental institution HMOs. Explain to them why, with all ology. They say Medicare is bad. HMOs that reviews these statistics. They find the Medicare improvements that could and PPOs are good. out seniors in private plans are 16 per- be made with $12 billion, this bill de- There is no mystery here. We know cent healthier than those in traditional cided the best use of that money is to what this is all about. The principal Medicare. We ask for a level playing inflate the profits of an HMO industry supporters of premium support are field yet they get 109 percent of what that is expected to make $6 billion this those people who are strongly opposed Medicare receives. And the people they year. to Medicare. Many of our colleagues— are caring for are a good deal healthier This bill not only undermines Medi- our friends, but our political adver- than those in Medicare. care, we find 6 million senior citizens saries—want to see the Medicare sys- It does not stop there. The private and disabled people on Medicaid—the tem withdrawn or destroyed. What do plans have an additional $12 billion poorest of the poor—will be worse off. they support? Premium support. What slush fund in case they are having dif- Their out-of-pocket payments will be has been accepted in this conference? ficulty. The 109 percent is not enough. raised, and their access to drugs could Premium support. They have a healthier population. But be curtailed.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.057 S18PT1 S15038 CONGRESSIONAL RECORD — SENATE November 18, 2003 Two to 3 million people with good groups here. I ask unanimous consent support it. It was always my hope that employer retiree drug coverage will that list be printed in the RECORD. once it went through the conference lose it, according to CBO estimates. There being no objection, the mate- committee it would be improved. In- This means almost a quarter of all rial was ordered to be printed in the deed, from what I know of the bill so Medicare beneficiaries will be worse off RECORD, as follows: far, it has been. But I am so far unde- the day this bill passes. ORGANIZATIONS OPPOSED TO MEDICARE cided on how to vote on the conference This legislation reimposes the asset CONFERENCE REPORT report. test, retreats from the positive things National committee to Preserve Social Secu- Mr. DAYTON. Mr. President, will the in the Senate bill. Not only does this rity and Medicare Senator yield for a question? What is agreement put all the dreadful things Alliance for Retired Americans the order of business before the Sen- in that harm senior citizens, it Families USA ate? unravels Medicare by reimposing the US Action The PRESIDING OFFICER. Does the asset test. Three million people who Medicare Rights Center Senator from Texas yield for a ques- Center for Medicare Advocacy were protected with the Senate bill are Consumers Union tion? cut off in this program. National Health Law Program Mr. CORNYN. Mr. President, if I can Finally, this conference puts in place National Senior Citizens Law Center conclude my remarks, then I would be an unrestricted program on health sav- New York State Alliance for Retired Ameri- glad to yield for a question in the time ings accounts, what used to be called cans that remains. medical savings accounts. They pro- Seniors Citizens Law, Albuquerque, NM My concern was about some of the vide billions of new tax breaks for the Legal Assistance to the Elderly, San Fran- comments made or the characteriza- healthy and the wealthy. cisco, CA tion made about the bill as being the The PRESIDING OFFICER. The Sen- Medicare Advocacy Project of Greater Bos- product of some rightwing agenda. I do ton Legal Services ator has consumed all but 2 minutes. Connecticut Association of Area Agencies on note in the announcement I heard, Mr. KENNEDY. Worse, they encour- Aging along with the American people, on age the healthy and wealthy to take PRO Seniors Health Care Consumer Rights Saturday, with the majority leader and high deductible policies, policies that Project Chairman CHUCK GRASSLEY of the Sen- require you to pay thousands of dollars NETWORK: A Catholic Social Justice Lobby ate Finance Committee seated there, before you get benefits. That is fine for American Public Health Association and also the Speaker of the House people who can afford to put money Arizona Center for Disability Law DENNY HASTERT, and others, including into a tax-free savings account, but it Center for Health Care Rights, Los Angeles, the ranking member of the Senate Fi- is not good for ordinary working peo- CA Florida Community Health Action Informa- nance Committee, MAX BAUCUS, who is ple. tion Network a Democrat, and JOHN BREAUX, the We all know what is going on here. Florida Legal Services Senator from Louisiana, another Dem- Not a word in this controversy is about Human Services Coalition of Miami Dade ocrat, who both have been leaders on prescription drugs for senior citizens. County Medicare reform, and what was an- We have an agreement on that. In the United Food and Commercial Workers nounced was a bipartisan conference Senate we had a solid bipartisan com- United Auto Workers committee agreement on principles. promise that would have helped mil- American Federation of State, County, and I do not know how this debate will lions of seniors pay for the drugs they Municipal Employees ultimately pan out, but I do not believe American Federation of Teachers so desperately need. It was not full cov- International Association of Fire Fighters the debate is advanced by, frankly, erage, but it was a good start. That is National Education Association characterizing it as a product of some not the issue here. We could send the Service Employees International Union conspiracy or captive of some special bipartisan Senate bill to the White AFL–CIO interest agenda. I do know there are a House this afternoon. President Bush International Association of Machinists and lot of people who have been active on could sign it before supper. But Repub- Aerospace Workers this issue on both sides of the aisle who licans will not do that. They are hold- International Longshore and Warehouse support the bill. There are others who ing prescription drug coverage hostage Union express concerns, and I want to explore Transport Workers Union of America to their plan to destroy Medicare. They United Steelworkers of America those in the coming days in deciding could never pass that plan on its own, National Association of Area Agencies on how I might ultimately vote. so they are adding it to the prescrip- Aging and the Center for Aging Policy But, Mr. President, I came to the tion drug bill. Shame on them. Older Women’s League floor to talk about what I thought was They say they have to destroy Medi- National Taxpayers Union the subject of the day and of this hour, care in order to save it. That is non- United Food and Commercial Workers Inter- which is the promotion of MG Robert sense. There is nothing wrong with national Union. Clark to lieutenant general. Medicare that Republicans can fix. The PRESIDING OFFICER (Mr. First and foremost, I am well aware There is still time to do what is CRAPO). The Senator’s time has ex- of some of the concerns that have been right. Let’s stand up for senior citizens pired. expressed about Major General Clark. I and for prescription drug coverage of Who yields time? do not believe these concerns are based Medicare. Let’s stand up against this The Senator from Alabama. on any facts, but perhaps sentiment conference report and these shameful Mr. SESSIONS. Mr. President, I alone. assaults on Medicare. think Senator CORNYN is seeking rec- As we know, as the record reflects, in I will include at this point the orga- ognition. July 1999, a soldier named PFC Barry nizations opposed to the Medicare con- The PRESIDING OFFICER. The Sen- Winchell in General Clark’s division ference report. Included are the Na- ator from Texas. was murdered by a fellow soldier at tional Committee to Preserve Social Mr. CORNYN. Mr. President, I came Fort Campbell in Kentucky. It is al- Security; the Alliance for Retired to the floor because I know this is the leged this young man was murdered be- Americans; Families USA; Medicare time that was set aside to talk about cause he was perceived to be a homo- Rights Center; Center for Medicare Ad- the nomination of MG Robert Clark sexual. vocacy; Consumers Union, National and his promotion to lieutenant gen- I am sure I speak for the entire Sen- Senior Citizens Law Center; NET- eral. I want to talk about that in just ate when I say such inhumane acts de- WORK: A Catholic Social Justice a moment. serve every condemnation. My heart, Lobby; American Public Health Asso- I would say I have been interested in and that of others, goes out to the ciation; the American Federation of listening to the comments of the Sen- friends and family of Barry Winchell as State, County, and Municipal Employ- ator from Massachusetts on another they mourn his untimely demise. ees; the American Federation of Teach- topic, on the Medicare conference re- The perpetrators of this heinous ers; NEA; Service Employees Inter- port that will soon come to the floor. I crime were, however, punished to the national Union; AFL–CIO; Older Wom- must confess when that bill was first fullest extent of the law. As the con- en’s League—there are close to 40 considered by this body, I could not vening authority for the court-martial,

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.059 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15039 Major General Clark played a key role record demonstrates that he has been a on this matter because it is one that is in ensuring the people who savagely fine officer and, indeed, a great Amer- deserving of all the attention and con- killed Private First Class Winchell ican patriot. cern of the Members of this body, and were, in fact, brought to justice. But there is also this: When Major it is a very difficult matter, one that I Unfortunately, there are those who General Clark was only First Lieuten- wish we didn’t have to confront in this want to unfairly blame major General ant Clark, barely a year in uniform, he Chamber and one I wish we didn’t have Clark for this tragic death. was serving in Vietnam as the first pla- to confront in this country. This is a very serious charge and toon leader of Company A, the Second But we do. We have a general with, should not be made lightly. I commend Battalion of the 8th Calvary, the 1st generally, a very distinguished record, Chairman WARNER for his excellent Calvary Division. As his men were who now has been nominated for pro- work in making sure that this nomina- being extracted from hostile territory motion to a very high office, com- tion has been carefully considered by following a ground reconnaissance mis- manding general of the Fifth Army. I the Senate Armed Services Committee. sion, they were engaged by enemy mor- have the greatest respect for the top In fact, the committee spent more than tar fire, and the first two rounds echelon of our military command, as I a year looking into this tragic situa- caused heavy casualties, including have come to watch them, work with tion so that we could make sure we Lieutenant Clark. A lesser soldier them, see their dedication and their knew everything that could be known might have faltered in this situation, professionalism and their compassion about the facts and circumstances in- but even though he was wounded, Lieu- and concern for the men and women volving Private First Class Winchell’s tenant Clark did not forget his fore- under their command. I regret having death and any alleged culpability or re- most duty was to his own men. With to raise these questions about any one sponsibility that General Clark might total disregard for his personal safety, of them. bear for this tragedy. for his wounds, Lieutenant Clark put But we have a dead American soldier This is what we learned. The Depart- himself in the line of mortar fire again on the other hand, a young man who ment of the Army inspector general to carry wounded members of his com- lost his life while in uniform, while in conducted a full investigation into the pany out of harm’s way. He bravely the service of his country. He wasn’t facts and circumstances of the death of moved from position to position, urg- murdered in Iraq, as some of our brave Private First Class Winchell at Major ing his men on until help arrived. soldiers are these days, or in Afghani- General Clark’s request. The inspector For his wounds, Lieutenant Clark stan, or somewhere else. He wasn’t in a general also conducted an overall com- was awarded the Purple Heart; for his training accident, as some soldiers mand climate assessment at Fort valor, the Bronze Star. from Minnesota have been, in this Campbell which, as Chairman WARNER General Clark has literally bled for country or abroad. He was murdered. He was murdered pointed out, consisted of, at the time, his country. He has put his life on the by his own fellow American soldiers. about 25,000 soldiers. Neither the inves- line for his men and, yes, for us. He has His crime? His crime was that he was tigation nor the command climate as- dedicated himself to defending Amer- perceived and believed to be gay. I use sessment found that Major General ican freedoms against all enemies. In Clark was in any way responsible for that word ‘‘crime’’ rhetorically because short, he is a true American patriot. I don’t believe—I don’t think Ameri- this sad event. The record, in fact, There are brave young men and cans believe—that the sexual pref- demonstrates that General Clark con- women who today are doing exactly erence of an individual is a crime or ducted himself as a consummate pro- the same thing that General Clark was should be a crime. It is not a crime in fessional, before and after the homi- doing then: fighting for the cause of this country, punishable by death. cide. He adopted enhanced unit level freedom and democracy in the ongoing That can only happen in a country training programs to ensure that De- war on terror. They are serving a just such as Iraq, or some country with a partment of Defense policy was under- cause with bravery and dedication. I vicious totalitarian regime, where if stood and implemented. And he repeat- can think of no better leader than someone is different in any way and edly took personal action to commu- Major General Clark to serve as a liv- somebody decides it is wrong, they are nicate the requirements of the proper ing example to them, the next genera- not only excluded by society or dis- conduct and respect each soldier de- tion of American heroes. criminated against, but they are har- serves. I yield back any remaining time to assed, tortured, or executed. But not in The murder of Barry Winchell was in- the Senator from Alabama. the United States of America. deed a tragedy. But it would be wrong The PRESIDING OFFICER. Who However, it happened in this country to allow the career of a great American yields time? at Fort Campbell, KY, in 1999, under soldier to be ended over false allega- Mr. SESSIONS. Mr. President, I General Clark’s command. The soldiers tions of some vague perceived short- think the Senator from Minnesota is to who committed that terrible crime comings, when it is clear that he joins be recognized next. Is there a time have been prosecuted, convicted, and all of us in condemning the despicable agreement, to clarify my own under- are serving sentences. actions of the drunken soldier that standing? The military system that allowed took Barry Winchell’s life. The PRESIDING OFFICER. The Sen- that atrocity to occur remains. It is a General Clark is more than worthy of ator from Alabama controls 29 minutes system which permitted a succession of promotion to lieutenant general. A San at this point. The minority controls al- actions—from taunts, humiliations, Antonio native, General Clark is a most 20 minutes. bullying, all sorts of prejudice, im- graduate of Texas Tech University and, Mr. SESSIONS. I thank the Chair. moral and illegal behavior—to occur like many brave Texans, he chose to The PRESIDING OFFICER. Under and recur. What happened as a con- serve his country in a military career. the agreement, 15 of the minority’s 20 sequence? Nothing. Nothing. Nothing, In fact, 1 out of every 10 men and minutes is pledged to the Senator from unfortunately, is what happens most of women in uniform today is from the Minnesota. the time in the Army of this country State of Texas, something of which we Mr. SESSIONS. I see. I yield the today. are immensely proud. What a career floor. I am very proud of that Army in General Clark has had, spanning more The PRESIDING OFFICER. The Sen- many respects, but I am not proud of than three decades on as many con- ator from Minnesota. an Army, or any other institution in tinents. Among other decorations, Gen- Mr. DAYTON. I thank my colleague this country, that permits discrimina- eral Clark has received the Distin- from Alabama. I had not intended to tion against men and women because of guished Service Medal, the Legion of interrupt my distinguished colleague their sexual preference. It is just that Merit with four Oak Leaf Clusters, the from Texas with whom I have traveled nothing usually happens when young Bronze Star for Valor, and the Bronze to Iraq and other places, but I mis- women are assaulted and raped at the Star with Oak Leaf Cluster for his understood exactly where we were, Air Force Academy—another matter service. given the subject matter that was we are dealing with on the Armed Serv- To my mind, these achievements being discussed. I apologize for the ices Committee. Their ‘‘crime’’ is that alone would merit his promotion. His interruption. I will focus my remarks they are women.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.061 S18PT1 S15040 CONGRESSIONAL RECORD — SENATE November 18, 2003 Women have been admitted to the say, barely marginal. General Clark’s pressed here—and I take them at good Air Force Academy for 30 years and actions in many other instances faith, but if we mean that, we are not have been flying side by side in air- throughout his distinguished career going to be satisfied, and we should not planes, and taking all of the risks, and have been extraordinary, heroic, and be, by doing nothing other than pro- doing as well as their counterparts. commendable, and I salute him for moting this general today. But they are being assaulted and raped them. But it wasn’t only his actions We owe it to those men and women time after time. We have discovered after this atrocity that were called who have suffered, and those who have that at the Air Force Academy, what into question; it was the actions and lost their lives through these atroc- has usually happened to the perpetra- inaction before this occurred, which ities, to take responsibility and tell the tors of those crimes is very little or permitted in this environment of op- military, because we are the civilian nothing. portunities for repeated discrimination command, that we are not going to do These are impressionable young men and harassment—for an NCO who was it; the buck stops here because no one and women in our Armed Forces—most clearly unfit to be responsible for im- else will, that we are going to insist on of them. They are outstanding young pressionable young men who, by his an armed forces that reflects, rep- men and women. I have interviewed a own conduct—or misconduct—showed resents, and defends the standards of number of them. I think all of us have them how not to treat a fellow soldier. the basic decency the founding prin- that responsibility. I find, when I have That is what concerns me about this ciples of this country that all men and the opportunity to interview young today. women are created equal, they are en- men and women who are seeking ad- I expect we will confirm General dowed by their Creator with certain mission to or nomination to our mili- Clark’s promotion. He will go on, and I unalienable rights, that among them tary academies, that they are really hope he performs with great distinc- are life, liberty, and the pursuit of hap- fine young men and women. There is a tion, as I believe he will, as a com- piness, and the right to defend their lot of competition to get in. When I manding general of the 5th Army. But country and be a patriot and not have have those interviews, when I am talk- what is going to happen to all the somebody attacking them, humiliating ing to other young men and women in other gay and lesbian soldiers out them, or murdering them because of uniform as I travel back and forth, I there? What kind of message are we who they are. don’t see these kinds of attitudes. I sending to them? What kind of message That is the responsibility of leader- don’t see young men and women who do we send to the young women who ship. That starts at the top, all the way are looking at their fellow soldiers get raped at the Air Force Academy down. It does not come from the bot- with this kind of prejudice or are con- when they see those who commit the tom because that is where the base sidering these kinds of atrocities. terrible acts being promoted? What level is. It has to come from the top, I just visited, in Minnesota over the happens to a military’s network of peo- from the commanders, from the civil- weekend, a soldier who had one side of ple when those promotions occur un- ians who are responsible for the system his arm shredded while serving in the touched by these kinds of atrocities, which they command and for those who Iraqi theater. He is recovering, thank and eventually they are the military are putting their lives, their hopes, God. He is a 21-year-old young man. He command or they are throughout the their dreams, and their careers on the will recover. Another young Minneso- military command? How are we ever line. We have a lot of work to do. tan lost most of his right leg, but he going to change what is going on in I yield the floor. has great spirit and morale and he will these situations if no one is held ac- The PRESIDING OFFICER. Who live a great life. countable, if there is no consequence yields time? But I have also visited parents of for not doing what a commander Mr. SESSIONS. Mr. President, I yield young men and women who are not re- should do—what in some instances to the Senator from Georgia. covering, who are not coming home be- they are required by law to do? The PRESIDING OFFICER. The Sen- cause they paid the ultimate price for Regardless, common sense and de- ator from Georgia. their service. I am on the Armed Serv- cency and morality would tell them Mr. CHAMBLISS. Mr. President, I ices Committee, and when I look at the that anybody responsible for the lives thank the Senator from Alabama for reports and the casualty figures of the of young people ought to keep people yielding me a few minutes to discuss brave young Americans who are being from ganging up or abusing or assault- the nomination of GEN Robert Clark. I injured or wounded or maimed or who ing or picking on or murdering a fellow rise in support of the nomination. This died in combat, I don’t see categories human being—not to mention a fellow is a very sensitive issue and it is one of ‘‘heterosexual’’ or ‘‘gay’’ or ‘‘les- soldier but a fellow American citizen. that needs to be dealt with in the right bian’’ and I don’t see ‘‘women’’ or What happens to all of us when we let way by this body, and I think it has ‘‘men.’’ I see American soldiers, with that go on? been. the same kind of blood and bodies. All As I said earlier, I think the U.S. The tragic death of PVT Barry they are asking is an equal opportunity military is outstanding in so many re- Winchell should never have occurred, to serve their country, to risk their spects. It is that institution where, his- nor should any murder of that sort. lives in the service of their country— torically, young men and women have The fact is, once it did occur, General even to die in the service of their coun- been able to come from all over the Clark did everything within his power, try. country, all different backgrounds; it is first, to see that justice was done. Amazingly enough, that is what the great opportunity provider. It During the course of seeing that jus- these young women who are going to doesn’t matter if your parents don’t tice was done, there was a review of all the Air Force Academy, and the young have any money or if you don’t have of his procedures and regulations that men and women entering the Armed much education; you can find yourself were in place at Fort Campbell relative Forces, who have a same-sex affinity— and become somebody and either serve to the circumstances that led up to that is what they want, the same op- with great distinction and make it a this unfortunate death. General Clark portunity to fight, to be heroic, and career or you can come back into soci- was somewhat handicapped by not even to die for their country. ety and do just as well. But you are not being able to speak out openly and pub- That is what makes it so inexplicable going to be that kind of person or that licly after the death because he was a and inexcusable and unforgivable when kind of professional or that kind of cit- convening authority for the court-mar- they are discriminated against, when izen or leader of this country if you are tial and therefore he could not really they are treated the way they are, and learning that is what happens, and that come forward and have a whole lot to when they have nowhere to turn. is OK, and those who do it get pro- say about the facts and circumstances So who is responsible? Who is ac- moted, and those who are the victims leading up to the death of Private countable? Who loses a rank or a pro- suffer the terrible consequences. Winchell. motion or a star because a gay soldier That is a terribly destructive mes- The fact is that he did make some was murdered under his command? sage to those individuals, a terribly de- changes in the procedures. He did make General Clark’s actions following that structive result to our Nation; and if sure other regulations that had been in atrocity were questionable and, I would this body means the concerns it ex- place prior to this unfortunate death

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.064 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15041 were enforced to an even greater degree for every action that took place under military. This position requires proven than at the time this incident oc- his watch, at every rank. He never leadership skills. curred. shifted blame, and he never accepted I do not think that General Clark It is truly a tragic situation that was failure. showed leadership at Fort Campbell, of great concern to General Clark. I The same, cannot be said for General either before or after Private Winchell have had the opportunity to visit with Clark. was murdered. He let Private Winchell him on a couple of different occasions, In 1999, while General Clark was the down. He passed the buck. and one does not have to talk with him commanding officer at Fort Campbell I rise today to say that General very long to see the concern in his eyes in Kentucky, Private First Class Barry Clark’s lack of leadership at Fort and in his heart relative to the death of Winchell was bludgeoned to death with Campbell dissuade me from supporting Private Winchell. a baseball bat by a fellow soldier who his promotion. I believe this promotion I have also had the opportunity to believed that Private Winchell was sends the wrong message about what meet with Private Winchell’s parents. gay. we expect from our commanding offi- Again, we expressed to them deep sor- Did General Clark immediately ac- cers, especially now in a time of war. row and that our prayers go out to cept responsibility for this terrible in- I served in the Army Signal Corps in them. No matter what, we cannot bring cident? Did he use his position of au- Europe during World War II. Over the their son back. I think we do need to thority to stamp out the hateful and course of my three years of service, I make sure that as we move through dangerous climate of anti-gay senti- never encountered a superior officer this process we review what was done ment on the base? who avoided responsibility for his sol- relative to the facts and circumstances No, he did not. Instead, General diers or their actions. Each and every leading up to this terrible murder and Clark claimed that there wasn’t any- one of my commanding officers ex- the facts and circumstances as they oc- thing wrong on his base, denying that a pected and demanded the best from me; curred after the death of Private vile culture of hate and harassment their leadership, in turn, inspired me Winchell. against gays had been pervasive for to do my best. As I reviewed this situation with some time. But his sentiments do not I don’t think Major General Clark in- General Clark and as I looked at the IG jibe with reports from soldiers at the spires such dedication and service. investigation that he ordered to take base detailing widespread harassment Therefore, I will vote against this nom- place after the death occurred and of soldiers thought to be homosexual ination and urge my colleagues to do after the court-martial was completed, and the ubiquitous presence of anti-gay the same. it is pretty obvious that he did every- graffiti. (At the request of Mr. DASCHLE, the thing he could have done to ensure The hazing and harassment that Pri- following statement was ordered to be that justice was done and that the at- vate Winchell experienced before his printed in the RECORD.) mosphere surrounding the troops at murder were so pernicious that he ∑ Mr. KERRY. Mr. President, I oppose Fort Campbell was not poisoned and bravely reported these episodes to the the nomination of MG Robert T. Clark everybody was treated in an equal and inspector general. This was a very to the rank of lieutenant general. The fair manner. risky course of action because it could facts surrounding his conduct, prior to It is very unfortunate that this situa- have led to Private Winchell’s dis- and after the murder of PFC Barry tion had to occur, but at the same time charge under the ‘‘Don’t Ask, Don’t Winchell, raise questions about his it is very important that we make sure Tell’’ policy. leadership and judgment that have not the procedures of the Army are fol- On his departure from Fort Campbell, been answered to my satisfaction. lowed very closely, and they were. It is General Clark declared, ‘‘There is not, The Inspector General of the Army, very important that we make sure the nor has there ever been during my time while clearing Major General Clark of sensitivity directed towards the family here, a climate of homophobia on fostering a hostile environment at Fort has taken place, and I believe it has. It post.’’ Tell that to Barry Winchell’s Campbell, raised serious issues about has not been a perfect situation. Gen- family. discipline at the base. Furthermore, eral Clark, just as any officer or any Apparently, the buck did not stop some of Major General Clark’s actions individual in the corporate structure of with General Clark. Instead of address- after Private Winchell’s murder raise any company in America, can look ing the problem of homophobia at Fort legitimate questions about his fitness back on a situation as tragic as this Campbell, General Clark ignored it. for higher command. In the immediate and say that maybe they should have Immediately after Private Winchell’s aftermath of the murder, for example, done something a little bit differently. murder, General Clark remained silent. a public affairs officer at the base The fact is, General Clark has always He did not condemn anti-gay behavior issued a statement describing the mur- provided strong leadership during his on his base. He refused to meet with der as a ‘‘physical altercation in a post career in the U.S. Army, and I think, gay rights organizations who simply barracks.’’ This gross distortion of the once again, he exhibited strong leader- wanted to address the homophobia facts was not corrected. In fact, Pri- ship. prevalent there. Surprisingly, General vate Winchell had been asleep at the He did everything within his power Clark failed to request the psycho- time his murderer struck, goaded on by to see that justice was done and to see logical and training services provided other soldiers. General Clark took no that appropriate rules and regulations by the Army on how to address anti- steps to correct this claim in public, were put in place where they needed to gay harassment after the murder. and later defended his action as in be and that they were carried out to General Clark even delayed meeting keeping with his mandate not to preju- the highest degree. So I rise in support with Private Winchell’s family—de- dice the ongoing investigation. Regret- of GEN Clark, and I hope my col- spite their repeated entreaties—for al- tably, these actions leave the appear- leagues will see fit to confirm his nom- most 4 years after his murder. I find ance of a general officer who did not ination. this particularly inexplicable and inex- want the negative attention that would I yield the floor. cusable. result from a hate crime under his Mr. LAUTENBERG. Mr. President, I The tragic murder of Private command. will vote against the nomination of Winchell was not the only problem oc- General Officers are rightly held to Major General Robert T. Clark to the curring at Fort Campbell. According to incredibly high standards of conduct, rank of Lieutenant General and to the an Inspector General review of the and they should be. The men and position of Commander, United States base, Fort Campbell suffered from low women under their command are wor- Fifth Army. morale, dilapidated barracks in need of thy of no less. In this case, Major Gen- Former President Harry Truman repair, inadequate health care, and sig- eral Clark appears to have come up placed a sign on his desk in the Oval nificant problems with underage drink- short, as evidenced by the Senate Office that read ‘‘The Buck Stops ing. Armed Services Committee’s failure to Here.’’ As Commander in Chief of the Today, the Senate faces the decision pass this nomination unanimously. In- United States Armed Services, Presi- whether to promote General Clark to a stead of clarity, the nomination proc- dent Truman took full responsibility very high-ranking position in the U.S. ess has left us with lingering concerns

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.066 S18PT1 S15042 CONGRESSIONAL RECORD — SENATE November 18, 2003 about the general’s fitness for higher I have deep respect and admiration Clark had been in command of the 101st command. for our military leaders. I have often Airborne Division for 17 months prior Mr. President, I recognize and appre- said that anyone who achieves the to Private First Class Winchell’s death. ciate Major General Clark’s long serv- rank of a flag or general officer de- While I understand a commanding gen- ice in the Armed Forces of our country. serves a Ph.D. for the amount of edu- eral is not responsible for the indi- But there remain too many legitimate cation and training they have success- vidual actions of his soldiers, I firmly questions about his leadership and fully completed to attain such distin- believe that a commanding general judgment stemming from his command guished rank. In my capacity as a sets the tone on an installation and of the 101st Airborne at the time of Pri- member of the Senate Armed Services can influence what his soldiers believe vate Winchell’s murder to confirm his Committee and the co-chair of the Sen- will be considered ‘‘acceptable’’ behav- nomination to the rank of lieutenant ate Army Caucus, I have had the privi- ior. I was disturbed to learn of repeated general.∑ lege of working with many of our Na- instances of underage drinking and Mr. FEINGOLD. Mr. President, I tion’s most respected military leaders. harassment, and of the assessment, want to speak today on the nomination This has been a difficult decision for particularly of those soldiers in Pri- for promotion of Major General Robert me. General Clark’s promotion has vate First Class Winchell’s unit, of the T. Clark and the broader issue of the been pending consideration before the command climate prior to Private Department of Defense’s ‘‘Don’t Ask, Senate Armed Services Committee for First Class Winchell’s death. Don’t Tell’’ policy. The unusually 14 months. Military promotions are I am also disturbed by General lengthy and controversial nomination usually very simple to consider, and Clark’s refusal to take responsibility of General Clark has, once again, are rarely troublesome or controver- for the incident. During his tenure as brought attention to the failure of the sial. I normally do not hear from my Chief of Staff of the Army, General Pentagon’s policy towards gay constituency about a military pro- Eric Shinseki took responsibility for servicemembers. It is high time that motion. In this case, however, I was what happened to Private First Class we stop this policy of codified discrimi- contacted by a number of my constitu- Winchell. This reflects official Army nation against our brave servicemen ents asking me to oppose General policy that commanders at all levels and women who happen to be gay. Clark’s promotion, primarily for his are accountable for everything their I fear that this policy may have been actions as Commanding General of the command does or fails to do. As a lead- a contributing factor in the June 5, 101st Airborne Division at Fort Camp- er, I believe General Clark should have 1999, brutal murder of PVT Barry bell, KY, during a difficult time when taken responsibility or expressed ac- Winchell at Fort Campbell, KY, a base PFC Barry Winchell was murdered. For countability for the circumstances commanded by General Clark. I will this reason, I made sure that I had the that led to this Private First Class not reiterate the facts of that case at opportunity to review as much mate- Winchell’s death. this time, but I will say that there are rial as possible pertaining to General I believe his failure to initiate a strong indications that there was a Clark’s career as well as the facts sur- meeting with Private First Class pervasive and hostile anti-gay climate rounding the incident that led to Pri- Winchell’s family reflects poor leader- at Fort Campbell both before and after vate First Class Winchell’s death. ship on his part. His position as con- the tragic murder of Private Winchell In March 2003, I joined some of my vening authority did not prevent him and that the base leadership, including colleagues in writing a letter to the from meeting with the parents of a sol- General Clark, appears to have done distinguished chairman and ranking dier murdered on an installation over little, if anything, to address it. member of the Senate Armed Services which he had command and responsi- Mr. President, the ‘‘Don’t Ask, Don’t Committee to request information re- bility. Tell’’ policy has failed. It failed to give garding the specific actions General Again, General Clark’s record re- Private Winchell useful options to Clark took to eliminate the climate of flects that he has led a distinguished combat the harassment he faced during anti-gay harassment that existed at military career. However, I do not be- the months prior to his murder. It Fort Campbell prior to Private First lieve his actions as the Commanding failed to force General Clark to take Class Winchell’s death; statements General of the 101st Airborne Division effective action to eliminate the anti- General Clark made regarding antigay at Fort Campbell, KY, warrant his pro- gay climate at Fort Campbell. And it harassment to officers, soldiers, and motion to lieutenant general. continues to fail to stop the discrimi- the public; the policies he promulgated nation and harassment faced by our addressing this issue; other steps he The PRESIDING OFFICER. The Sen- brave gay servicemembers. took to prevent further acts of violence ator from Michigan. I want to take this opportunity to and harassment; how he handled the Mr. LEVIN. Mr. President, this has urge the Pentagon to begin instituting Winchell case in comparison to other been a very difficult nomination for changes to its policy towards gay serious crimes occurring during his the Armed Services Committee. We servicemembers. The Pentagon should command; and his response, as well as worked very hard for over a year to en- provide, at a minimum, a safe place for the response of those around him, to sure that we developed all of the rel- gay and lesbian servicemembers to re- requests by Private First Class evant facts so we could make an in- port harassment without fear that they Winchell’s family to meet with him. I formed decision. In fact, this nomina- will be kicked out of the military be- reviewed the information provided and tion was first sent to the Congress in cause of their sexual orientation. This participated in an executive session the last session and then was resub- modest step would be one small way to held on October 23, 2003, where General mitted in this session. honor the memory of Private Winchell Clark was available for questions. It is totally appropriate that we took and to prevent what happened to him After reviewing all of the informa- this time to address Major General from ever happening again. tion and listening to General Clark’s Clark’s nomination because PFC Barry Mr. AKAKA. Mr. President, I rise testimony, I decided that I could not Winchell, a soldier serving in Major today to discuss the promotion of support his promotion to Lieutenant General Clark’s command at Fort Major General Robert T. Clark to Lieu- General. General Clark’s professional Campbell, was brutally murdered by tenant General in the United States record reflects many distinguished ac- another soldier on July 5, 1999. Army, which is pending consideration complishments as a military officer. Fort Campbell is a large fort, perhaps by the Senate. On October 23, 2003, the However, I remain concerned about his 25,000 soldiers and 46,000 family mem- Senate Committee on Armed Services lack of what I believe to be leadership bers. We were interested in what the voted to favorably report General qualities that are necessary for today’s command climate was in Major Gen- Clark’s promotion for consideration by military leaders. eral Clark’s command, particularly as the Senate. The vote taken was a voice I remain disturbed by General it related to his command’s implemen- vote. I asked, however, that the record Clark’s continued reliance on lack of tation of the Department’s Homosexual reflect that had there been a recorded knowledge regarding misconduct and Conduct Policy. We also wanted to see vote, I would have voted to oppose this antigay harassment on post as a ra- how Major General Clark responded promotion. tionale for his lack of action. General after the murder.

VerDate jul 14 2003 03:53 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.079 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15043 Major General Clark asked the Army course, a dishonorable discharge from correct, as some have indicated, to say Inspector General to conduct an inves- the Army. people who fail to adhere to DOD pol- tigation into the facts and cir- Another soldier was convicted of ob- icy get promoted. General Clark acted cumstances surrounding the murder. struction of justice and making a false aggressively against the climate and The Inspector General conducted this official statement and was sentenced to the actions that resulted in this ter- investigation and also conducted an as- 121⁄2 years confinement and a dishonor- rible murder. sessment of the command climate at able discharge. In July of 1999, PVT Barry Winchell Fort Campbell before the murder. Nei- To the extent that justice can ever be was a member of the 502nd Infantry ther the investigation nor the com- done following a brutal murder of this Regiment. He was murdered in his bed mand climate assessment found fault kind, justice was done in this case. It as a result of a brutal assault by an- with Major General Clark’s actions. was done under the leadership of the other private, Calvin Glover. Before his We met with Private Winchell’s fam- convening authority, Major General death, Winchell had been perceived as ily. We met with Major General Clark Clark himself. gay by Private Glover, and Winchell on a number of occasions. We met with In the end, looking at all the infor- had complained about harassment in other Army officials. We met with or- mation that is available to us, I have his company to superiors. ganizations and individuals who ex- concluded that we should confirm this I should note that there was evidence pressed an interest in this nomination. nomination and that it would be appro- that a platoon sergeant had made in- So under Senator WARNER’s leadership, priate, at the same time, however, for sensitive comments about gays, but I believe our committee has given full us to take note of the events relative there was not evidence of command re- consideration to the nomination of to this nomination, that surround it, sponsibility in any way. Major General Clark and the events the length of time this nomination has In December of 1999, after General which have to be described as tragic been pending, all of the inquiries and Clark convened a court-martial and a when considering that nomination. investigations and reports which have trial was conducted, Private Glover Every one of us, every human being been requested, and hope all of this to- was convicted of first-degree premedi- who has knowledge of this incident, is gether will lead to a different environ- tated murder and was given life with- appalled by the brutal murder of a sol- ment and a different climate in the out parole. The individual who was Pri- dier sleeping in his barracks. So we unit at issue here. vate Glover’s buddy, who obstructed first wanted to look at, again, the inci- I ask for 1 additional minute, if I the investigation to some degree, was dent and the command climate prior to may, from the majority side. given 12 years in jail, without parole. the incident. We reviewed the Inspector Mr. SESSIONS. The Senator can use He is serving that time. General’s report that stated that the that from the majority side. I know the Chair has served as a law- chain of command, from commanding The PRESIDING OFFICER. The Sen- yer and clerk to Federal judges. Gen- general through company leaders, re- ator may proceed. eral Clark was the convening authority sponded appropriately to matters with Mr. LEVIN. I thank the Senator from for a general court-martial. He was the respect to the enforcement of the De- Alabama. superior commander on a base with partment of Defense Homosexual Con- When we put all this together, the 25,000 people. We don’t hold mayors re- duct Policy. hope, I think of all of us, is that the sponsible for crimes committed in cit- One of the most difficult issues had kind of climate that apparently existed ies of 25,000 people. In fact, one of the to do with the statement of Private in that one unit, not known to Major highest crime rates in America is Winchell’s family that they requested a General Clark—because the Inspector among young males. So, what we have personal meeting with Major General General found no evidence that he in this base is 25,000 of the kind of peo- Clark and they did not receive a per- knew of any anti-gay climate in any of ple who, statistically, tend to get in sonal meeting with him. the units, much less that one. There more fights, more crimes, and commit I think the fact they made that re- was in one unit some anti-gay rhetoric more murders than anyone else. That quest and it was not complied with was which was immediately responded to is my experience as a prosecutor. I troubling to all of us. As we dug into it, by the captain in charge of that unit. think it is indisputable that that is so. we heard from Major General Clark on As a matter of fact, the captain coun- So it is therefore not possible for a this issue. He looked us in the eye and seled the noncommissioned officer and commander of a 25,000 member facility said he never received such a request. put an immediate end to the anti-gay or military base, to guarantee there That is not to say the request was not rhetoric. But that was not known to are not going to be fights and even made. It is to say that I think most of General Clark. murders every now and then. Heaven us believed Major General Clark when For all these reasons, I think it is ap- help us, that they occur, and the cli- he said that request was never for- propriate we now confirm this nomina- mate ought to be set in a way that warded to him. What happened to that tion. minimizes that. But we cannot hold request we do not know, and perhaps I yield the floor. every commander responsible for this, nobody ever will know. The PRESIDING OFFICER. The Sen- any more than we could hold a mayor Major General Clark wrote a letter to ator from Alabama. responsible for a crime in a city. the family. It was a heartfelt letter. It Mr. SESSIONS. Mr. President, I But what I wish to emphasize is that was a personal letter about the death thank Senator LEVIN for his work on the general took a number of direct of their son. It was really a comment this issue, and Senator WARNER’s ef- and dramatic actions to indicate, with- that he added in that letter, which was forts as the Chairman. Senator LEVIN out question, his revulsion with this so personal and so heartfelt, that I and Senator WARNER have discussed murder. He clearly stated his expecta- think persuaded many of us that he this issue in great detail. Senator WAR- tion that everybody at Fort Campbell was honest when he stated that there is NER made clear he was going to take it would be treated with respect, and that no way he would not respond to a fam- seriously, that there would be ample violence of this kind is unacceptable. ily request to meet with him. opportunity to evaluate any questions He was quite strong on that point. As others have mentioned, he did that arose from these terrible cir- However, he was unfairly criticized have a special responsibility, as the cumstances, and that the facts would for his actions following Private General Court-Martial Convening Au- come out in committee and could be Winchell’s death. The criticism was un- thority, to ensure that justice was presented forthwith. That was done. fair because in the military he is the done and to make sure nothing he We heard all of the information that convening authority of the courts-mar- would say would in any way create was available. I would note it is time, tial. He is required, by the Uniformed error in that trial. now, to move forward. Code of Military Justice to appoint the The murderer, PVT Calvin Glover, General Clark’s nomination has been members of the courts-martial, and he was convicted of premeditated murder blocked for over a year now. He is a has a duty to remain objective. He has by the court-martial, which was con- tremendously fine soldier. He is just to be careful that he does not conduct vened by Major General Clark. He was not the one responsible here. I also himself in a way that prejudices the of- sentenced to life imprisonment and, of should note that I do not think it is ficers he appointed to try the case.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.068 S18PT1 S15044 CONGRESSIONAL RECORD — SENATE November 18, 2003 I served as a JAG officer for several One of the things that has troubled They are to be instructed on this policy of years in the Army Reserve. I know a me in recent years in this Senate is treating people fairly and with respect. As commanding officer has to be careful that we feed on information that is an interim measure, every soldier at Fort because the defense lawyers who defend sometimes provided by people who Campbell will receive the briefing. soldiers charged with crimes can raise, have an agenda. As a result of that, In addition, he goes on to note: as a defense to the trial, that the com- sometimes people are unfairly treated. This instruction will also include the con- mander had prejudiced the trial by sug- Everybody deserves fair treatment. tents of the 25 October 1999 memorandum gesting the defendant was guilty before This private who was murdered did not from the commanding general . . . he had a trial. deserve what happened to him. I also And another memorandum—both of General Clark testified at his con- believe General Clark does not deserve which reiterate the roles and respon- firmation hearing in the Senate Armed some of the charges that have been sibilities of commanders regarding in- Services Committee that he was in reg- made against him. vestigations of threats against or har- ular contact with his staff judge advo- A few other points; This group claims assment of soldiers on the basis of al- cate, his lawyer, advising him what he that Major General Clark failed to fol- leged homosexuality; could say, and what he could not say. low Federal law. There is no proof of Subparagraph (c): All leaders will vigor- Some say he should have been more that. There is no proof that he failed to ously police the contents of run and march open, he should have been more con- provide a safe environment for sol- cadences. demning of this act, he should have diers—in fact, that claim has been re- They have always been a little bit been more aggressive. It is clear that jected. They claim that he failed to ex- risque over the years. But the general he was acting under the legal direction hibit leadership necessary for further took aggressive action here. of his staff judge advocate. In fact, his promotion. After the inspector gen- They will monitor the march and run ca- staff judge advocate was talking to the eral’s reviews were done, that proved dences to ensure that they are positive and staff judge advocate in Washington, for not to be so. devoid of profanity or phrases demeaning to the Department of Defense. They ex- The allegations were that Major Gen- others. hausted every means possible to ensure eral Clark had allowed ‘‘significant lev- Subparagraph (d): All leaders will vigor- they conducted themselves properly. els of antigay harassment under [his] ously police the content of training brief- They sought to ensure that the trial command,’’ and that it allowed a com- ings, classes, lectures, and all other instruc- was fairly conducted, and that if a con- tions to ensure that they are devoid of pro- mand climate in which ‘‘antigay har- fanity or phrases demeaning to others. viction was obtained, as it was ob- assment flourished’’; it was just not Subparagraph (3) Respect for others is an tained, that the verdict would be true. The Army IG found sporadic inci- Army value and a cornerstone of the dis- upheld. It was. dents of the use of derogatory or offen- cipline and esprit de corps and all soldiers I just would want to say this is not so sive cadence calls used during march- will be treated with dignity and respect. Ac- easy, as some would suggest, for him to ing. These problems which were quick- cordingly, I expect all Department of De- be really aggressive in making com- ly corrected and stopped as soon as fense, Department of Army and Fort Camp- ments about this while a trial is ongo- they were discovered. It was clearly es- bell directives, policies and regulations to be enforced by our leaders and adhered to by ing. tablished that anti-homosexual com- Complaints were certainly made our soldiers. ments were not the norm at Fort Robert C. Clark, General. about his conduct afterwards. General Campbell. This is a superb soldier who served Clark, who, if you met him, you would There were allegations that there his country well in Vietnam. He was understand, is a man of great integrity, was anti-gay graffiti in the public awarded the Purple Heart and the great decency, who wants to do the areas around Fort Campbell. The Army Bronze Star. He was wounded in com- right thing, said: Look, I haven’t done inspector general found one latrine at a bat and refused to be evacuated until anything wrong. I believe I have con- unit level and one in a public recre- he got others out of the line of fire. ducted myself properly. But I am per- ation center at Fort Campbell which He commanded the 3rd Brigade of the sonally requesting that the inspector had anti-gay comments on them. This 101st Airborne Division, that great di- general investigate my conduct and my was clearly not a common thing on the vision, during Operation Desert Storm, actions. I want him to come in here base. I suspect you would find these the last Gulf War. His proven leader- and investigate this situation to see if comments in some of the public bath- ship is clear. I have done anything wrong. rooms in cities and gas stations around In the U.S. Army Command and Gen- Of course, the IG did investigate. An America. It is wrong, but I don’t think eral Staff College ‘‘Story of the Third IG team conducted a thorough inves- that should be something the general Army in Desert Storm’’ by Richard tigation into the command climate at would be found to be responsible for. Swain, published in 1994, he talks about Fort Campbell. This investigation of There is simply no way that he can how General Clark’s brigade moved the command climate found that Major protect against each and every one of rapidly to cut off the retreat of the General Clark was not culpable of any those incidents. Iraqi soldiers, facing tremendously bad dereliction or failure of leadership, as It was suggested that he took no ac- weather. It was so bad that motorcycle has been alleged by the Service Mem- tion to deal with this problem. I have troops were mired down, but he moved bers Legal Defense Network—SLDN— one document dated November 30, successfully anyway and seized the ob- which is an advocacy group that works 1999—not long after the incident that jective before other units were able to. to protect and ensure that homosexual occurred—in which General Clark He is a proven commander in combat. soldiers are treated fairly in the mili- wrote his command. He sent it to ev- He is a proven commander in the tary, as they have every right to be eryone basically on the base. treated. They have a right to insist peacetime Army. He has taken strong Distribution A, Subject: Respect for all action to see that this kind of activity that they be treated fairly. soldiers. It is important that people know Paragraph 1: The soldiers in the Army never happens again. about this crime. I know it is impor- today are the best we have ever had. I am proud of him. I am also proud to note that he obtained his master’s de- tant that people understand how civili- I certainly agree with that. zation sometimes is fragile and people gree at Auburn University, one of They are volunteers who merit our respect America’s great universities. I had oc- lose discipline and do things they and they deserve to be treated with dignity should never ever do. in a climate of safety and security. casion to meet him and to see him tes- To highlight the problem that oc- tify at hearings. I thought he did a su- curred at Fort Campbell, and to take He goes on to say: perb job. There was little doubt of his action by an advocacy group—or by the We can and will do more to ensure that our sincerity in this matter and his capa- military or any decent people, or for soldiers are treated with dignity and respect. bility to be a great general officer. I accordingly direct that: the Senate to take action in order to All soldiers be briefed on the Department I thank the President. ensure that these kinds of things don’t of Defense homosexual conduct policy upon I yield the floor. happen in future—there is no illegit- their formal in-processing at Fort Campbell. The PRESIDING OFFICER (Mr. imacy in that. When they come to the base. CHAFEE). The majority leader.

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.070 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15045 Mr. FRIST. Mr. President, I con- tion directing his men to lay down a con- soldiers and civilians. There are homes, gratulate my colleague, Senator SES- stant screen of smoke marking their position schools, a fire department. It is a com- SIONS, for really putting into perspec- to Gunships giving them fire support. 1LT plex and diverse place. During his 2- tive a lot of the things that have been Clark’s heroic action and aggressiveness, en- year tenure there—and I had the oppor- abled the mission to be a complete success. said on the floor, allegations from the Resulting in one (1) enemy soldier killed. His tunity to meet with General Clark past but also with respect for this man display of personal bravery and devotion to there on several occasions—General who is a true hero, an American hero. duty were in keeping with the highest tradi- Clark’s reputation for fairness and I rise to support his elevation to the tions of the military service, and reflect compassion extended way beyond the second highest rank in the U.S. Army great credit upon himself, his unit, and the base, well into the surrounding com- as Commander of U.S. Army at Fort United States Army. munity. Sam Houston. Mr. FRIST. In a career spanning over In February of 2000, the Clarksville On October 3, 1971, this young man, 30 years, Robert T. Clark has consist- City Council unanimously passed a res- Robert E. Clark, first platoon leader of ently displayed that uncommon cour- olution praising General Clark for his Company A, 2nd Battalion, 8th Calvary age and leadership he showed on the ‘‘high standards of leadership, profes- of the 1st Calvary Division, became an battlefield in Vietnam. He has earned sionalism, and integrity.’’ American hero. the admiration of all who know him, The Montgomery County Board of It was approximately 10:30 a.m. in both in and outside of military life. Commissioners passed a similar resolu- Bin Tuy Province of the Republic of GEN John Wickham, former Chief of tion declaring: Vietnam. Company A was completing a Staff of the Army, says General Clark General Clark’s reputation in the local reconnaissance mission. As they were is unequivocally ‘‘one of the most eth- communities is highly acknowledged as one being extracted, the men came under ical, moral, people-oriented and char- of the brightest, caring, and respected divi- heavy fire. The first two enemy mortar ismatic leaders I have ever known.’’ sion commanders that the Army has sent to rounds struck hard and inflicted heavy GEN John Keane, whom the senior our local community. causalities, including wounding First Senator from Massachusetts so lav- Indeed, General Clark is one of the Lieutenant Clark. At that time, at ishly praised earlier, calls General finest men in uniform today. He cur- great risk to his own personal safety, Clark ‘‘a man of great character. He’s a rently serves as the acting commander and ignoring or at least putting aside great moral force and a very compas- of the 5th U.S. Army at Fort Sam his own wounds, First Lieutenant sionate person. Simply stated, he’s one Houston. I should mention, as an aside, Clark ran forward into enemy fire to of the Army’s very best leaders.’’ Those that General Clark requested the as- carry his fellow wounded soldiers back are the words of GEN John Keane. signment so that he could take care of to cover. It is my honor to rise today and sup- his wife who suffers from a chronic ill- Throughout the battle he pressed on, port this nomination of this out- ness. moving from position to position to di- standing soldier. General Clark has General Clark’s peers call him ‘‘a sol- rect his men to lay down a constant earned numerous awards for his ex- dier’s soldier.’’ He descends from two stream of smoke in order to mark their traordinary service, including four generations of Clark men who have position for the helicopters flying over- awards of the Legion of Merit, three served the Army with dedication and head. The record clearly shows First Bronze Stars, the Purple Heart medal, honor. Lieutenant Clark’s heroic action en- four meritorious service medals, the And thus, as I began a few minutes sured the success of Company A’s mis- Air Medal, the Air Commendation ago, I close by saying, and I do call him sion. For his bravery in combat and Medal, and numerous campaign service a true hero. I strongly support his ele- service in Vietnam, First Lieutenant medals for service in Vietnam as well vation to the second highest rank in Clark received a Purple Heart. He re- as Saudi Arabia. the U.S. Army. ceived two Bronze Stars, one for valor He has earned the Combat Infantry- The PRESIDING OFFICER. All time and one for service. man’s Badge, the Army Staff Identi- having expired, the question is, Will In a letter of recommendation on be- fication Badge, the Parachutist Badge, the Senate advise and consent to the half of Robert Clark, the company the Ranger Tab, and the Air Assault nomination of Maj. Gen. Robert T. commander wrote: Badge. Clark to be Lieutenant General. [First Lt Clark’s] display of personal brav- During the gulf war, then Colonel The nomination was confirmed. ery and devotion to duty were in keeping Clark commanded the 3rd Brigade of f with the highest traditions of the military the 101st Airborne. Under his leader- service, and reflect great credit upon him- ship, the 3rd Brigade conducted one of EXECUTIVE CALENDAR self, his unit, and the United States Army. the longest and largest airborne as- The PRESIDING OFFICER. Under I ask unanimous consent to have saults in military history. More than the previous order, Executive Calendar printed in the RECORD a copy of the let- 2,000 men, 50 transport vehicles, artil- items 436 through 450, and all remain- ter of recommendation which lays out lery, and tons of fuel and ammunition ing nominations on the Secretary’s these events. were air lifted at that time 50 miles desk, are confirmed; the motions to re- There being no objection, the mate- into Iraq. Land vehicles took another consider are tabled, the President is rial was ordered to be printed in the 2,000 troops deep into the Iraqi terri- notified, and the Senate returns to leg- RECORD, as follows: tory. All of this was accomplished in 72 islative session. On 3 October 1971, first Lieutenant Robert hours without a single American cas- The nominations considered and con- T. Clark, First Platoon Leader Of Company ualty. Only two Iraqi soldiers were firmed en bloc are as follows: (A), 2d Battalion (Airmobile), 8th Cavalry, killed and 22 wounded. IN THE AIR FORCE 1st Cavalry Division, distinguished himself With characteristic modesty, General The following named officer for appoint- by heroic action while on ground combat op- Clark explained the brigade’s truly re- ment in the United States Air Force to the erations against a hostile enemy force in markable success by saying, ‘‘We’re the grade indicated while assigned to a position Binh Tuy Province, Republic of Vietnam. At of importance and responsibility under title approximately 1030 hours Company (A) were first guys who ask them to lay down 10, U.S.C., section 601: being extracted after completing a ground their weapons, and they did. It just reconnaissance mission, when they were en- took a little convincing.’’ To be lieutenant general gaged by an undetermined size enemy force, General Clark earned a Bronze Star Maj. Gen. Victor E. Renuart, Jr., 0000 receiving enemy mortar fire. The first two for his command of the historic mis- The following named officer for appoint- mortar rounds that impacted took a heavy sion. ment in the United States Air Force to the toll of friendly casualties including 1LT In 1998, General Clark was elevated grade indicated while assigned to a position Clark. Although wounded 1LT Clark with to command the 101st Airborne Divi- of importance and responsibility under title total disregard for his own personal safety sion at Fort Campbell, which, as most 10, U.S.C., section 601: and his wounds exposed himself to enemy To be lieutenant general mortar fire as he moved forward and assist know, is situated on the border of Ten- in carrying the other wounded members nessee and Kentucky. Indeed, Fort Lt. Gen. Richard V. Reynolds, 0000 under cover. 1LT Clark continued to expose Campbell can be described as a small to The following named officer for appoint- himself as he moved from position to posi- midsize city comprised of about 50,000 ment in the United States Air Force to the

VerDate jul 14 2003 05:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.072 S18PT1 S15046 CONGRESSIONAL RECORD — SENATE November 18, 2003 grade indicated while assigned to a position To be rear admiral (lower half) the Senate and appeared in the Congres- of importance and responsibility under title Capt. Gary A. Engle, 0000 sional Record of October 16, 2003. 10, U.S.C., section 601: PN1062 Navy nominations (29) beginning The following named officers for appoint- Michael C. Beckette, and ending Robert S. To be lieutenant general ment in the United States Navy to the grade Thompson, which nominations were received Maj. Gen. Charles L. Johnson, II, 0000 indicated under title 10, U.S.C., section 624: by the Senate and appeared in the Congres- The following named officer for appoint- To be rear admiral (lower half) sional Record of October 16, 2003. ment in the United States Air Force to the Capt. Mark A. Hugel, PN1063 Navy nominations (458) beginning grade indicated while assigned to a position 0000 James C. Taylor, and ending Jeffery S. of importance and responsibility under title NOMINATIONS PLACED ON THE SECRETARY’S Young, which nominations were received by 10, U.S.C., section 601: DESK the Senate and appeared in the Congres- IN THE AIR FORCE To be lieutenant general sional Record of October 16, 2003. Maj. Gen. Garry R. Trexler PN360 Air Force nominations (51) begin- PN1064 Navy nomination of Jeffrey D. ning Martin Alexis, and ending Jerome E. IN THE ARMY Dickson, which was received by the Senate The following named officer for appoint- Wizda, which nominations were received by and appeared in the Congressional Record of ment in the United States Army to the grade the Senate and appeared in the Congres- October 16, 2003. indicated while assigned to a position of im- sional Record of February 25, 2003. PN973 Air Force nomination of Michael A. Mr. LEVIN. I move to reconsider the portance and responsibility under title 10, vote. U.S.C., section 601: Mansueto, which was received by the Senate and appeared in the Congressional Record of Mr. FRIST. I move to lay that mo- To be lieutenant general September 25, 2003. tion on the table. Maj. Gen. Franklin L. Hagenbeck, 0000 PN974 Air Force nomination of Ronald C. The motion to lay on the table was The following named officer for appoint- Danielson, which was received by the Senate agreed to. ment in the United States Army to the grade and appeared in the Congressional Record of indicated while assigned to a position of im- September 25, 2003. f portance and responsibility under title 10, PN1047 Air Force nomination of Jefferson LEGISLATIVE SESSION U.S.C., section 601: L. Severs, which was received by the Senate To be lieutenant general and appeared in the Congressional Record of The PRESIDING OFFICER. Under October 16, 2003. the previous order, the Senate will re- Maj. Gen. Joseph L. Yakovac, Jr., 0000 The following named officer for appoint- PN1048 Air Force nomination of Lesa M. sume legislative session. ment in the United States Army to the grade Wagner, which was received by the Senate Mr. FRIST. I suggest the absence of a indicated while assigned to a position of im- and appeared in the Congressional Record of quorum. portance and responsibility under title 10, October 16, 2003. The PRESIDING OFFICER. The U.S.C., section 601: PN1049 Air Force nomination of Francis D. Pombar, which was received by the Senate clerk will call the roll. To be lieutenant general and appeared in the Congressional Record of The assistant legislative clerk pro- Maj. Gen. David W. Barno, 0000 October 16, 2003. ceeded to call the roll. IN THE MARINE CORPS PN1050 Air Force nomination of Alan T. Mr. BYRD. Mr. President, I ask unan- The following named officers for appoint- Parmater, which was received by the Senate imous consent that the order for the ment in the United States Marine Corps to and appeared in the Congressional Record of quorum call be rescinded. the grade indicated under title 10, U.S.C., October 16, 2003. The PRESIDING OFFICER. Without section 624: IN THE ARMY objection, it is so ordered. To be major general PN1036 Army nomination of Michael P. Mr. BYRD. Mr. President, what is the Brig. Gen. Tony L. Corwin, 0000 Vinlove, which was received by the Senate order of business at the moment? Brig. Gen. Jon A. Gallinetti, 0000 and appeared in the Congressional Record of The PRESIDING OFFICER. There is Brig. Gen. Thomas L. Moore, Jr., 0000 October 14, 2003. nothing currently pending before the PN1037 Army nominations (8) beginning The following named officers for appoint- Senate. ment in the United States Marine Corps to Donald A. Black, and ending Debra S. Long, the grade indicated under title 10, U.S.C., which nominations were received by the Sen- Mr. BYRD. I thank the Chair. I ask section 624: ate and appeared in the Congressional unanimous consent that I may speak To be brigadier general Record of October 14, 2003. on a matter out of order. PN1053 Army nominations (29) beginning Col. John R. Allen, The PRESIDING OFFICER. Without 0000 Douglas B. Ashby, and ending Terry C. Col. Thomas L. Conant, objection, it is so ordered. 0000 Washam, which nominations were received Col. Joseph V. Medina, 0000 by the Senate and appeared in the Congres- f Col. Robert E. Schmidle, Jr., 0000 sional Record of October 16, 2003. Col. Thomas D. Waldhauser, 0000 A. JAMES MANCHIN—WEST PN1054 Army nominations (62) beginning VIRGINIAN The following named officer for appoint- Curtis J. Alitz, and ending Marshall F. Wil- ment in the United States Marine Corps Re- lis, which nominations were received by the Mr. BYRD. Mr. President, on Novem- serve to the grade indicated under title 10, Senate and appeared in the Congressional ber 3, the State of West Virginia lost U.S.C., section 12203: Record of October 16, 2003. one of its most enduring and most To be brigadier general PN1055 Army nominations (42) beginning colorful political figures, A. James Col. James L. Williams, 0000 Debra E. Burr, and ending Janice B. Young, Manchin. which nominations were received by the Sen- IN THE NAVY A. James Manchin was born in Farm- The following named officers for appoint- ate and appeared in the Congressional Record of October 16, 2003. ington, WV, on April 7, 1927. He had a ment in the United States Navy to the grade deep love for West Virginia and its peo- indicated under title 10, U.S.C., section 624: PN1057 Army nominations (23) beginning Lionel Baker, and ending Warren S. Wong, ple, and that deep love showed every- To be rear admiral which nominations were received by the Sen- where he went, in every office he held, Rear Adm. (lh) Michael K. Loose, 0000 ate and appeared in the Congressional in everything he did, and with every Rear Adm. (lh) Robert L. Phillips, 0000 Record of October 16, 2003. person he met. The following named officer for appoint- IN THE FOREIGN SERVICE With his booming voice, his flamboy- ment in the United States Naval Reserve to the grade indicated under title 10, U.S.C., PN1019–1 Foreign Service nominations (141) ant oratory, and his wonderful sense of section 12203: beginning Kenneth C. Brill, and ending Ste- humor, A. James was an undeniable ven C. Taylor, which nominations were re- To be rear admiral presence. I find it difficult to imagine ceived by the Senate and appeared in the Rear Adm. (lh) Robert Ryland Percy, III, traveling around the State of West Vir- 0000 Congressional Record of October 3, 2003. ginia and speaking before a crowd The following named officer for appoint- PN1018 Foreign Service nominations (32) ment in the United States Naval Reserve to beginning Elena L. Brineman, and ending without seeing my friend Jimmy the grade indicated under title 10, U.S.C., Stephen J. Hadley, which nominations were Manchin standing there somewhere in section 12203: received by the Senate and appeared in the the crowd, lifting his hat into the air— To be rear admiral (lower half) Congressional Record of October 3, 2003. by the way, he wore big hats—and Capt. Henry B. Tomlin, III, 0000 IN THE NAVY shouting out a greeting to me. The following named officers for appoint- PN1058 Navy nominations (416) beginning With his political skills and his tena- ment in the United States Navy to the grade John A. Adcock, Jr., and ending Joseph cious determination to make West Vir- indicated under title 10, U.S.C., section 624: Zuliani, which nominations were received by ginia a better place in which to live

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.069 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15047 and work and raise families, Jimmy Mr. President, I yield the floor and and patience on this critically impor- Manchin won a place in the hearts and suggest the absence of a quorum. tant issue to all elderly Americans and minds of people throughout West Vir- The PRESIDING OFFICER. The to all American families because, as ginia. He found a way to touch the clerk will call the roll. many of us know, it is not just the el- hearts of all whom he met. Everybody The assistant legislative clerk pro- derly who are going to be affected by loved him, even his political oppo- ceeded to call the roll. this program; it is those of us who have nents. He was a man and a public serv- Mrs. LINCOLN. Mr. President, I ask aging parents and grandparents. It is ant who cared deeply for others and unanimous consent that the order for those of us who ourselves in years to they, in turn, cared a lot for Jimmy the quorum call be rescinded. come will be a part of that aging com- Manchin. The PRESIDING OFFICER. Without munity. It is not just the elderly of I first met Jimmy Manchin in 1949. objection, it is so ordered. today, it is the elderly of tomorrow and That was in my second term in the f the young of today who feel so involved West Virginia House of Delegates. PRESCRIPTION DRUG BENEFIT IN and think it is such a critical issue to Jimmy had been elected to the house of MEDICARE provide that quality of care for our pa- delegates and was being sworn in that tients and for our seniors. year, 1949. So I first met Jimmy Mrs. LINCOLN. I rise today to offer a It is with that that I urge the con- Manchin in 1949, as he and I wove our few thoughts on the Medicare prescrip- ferees to keep working and to remain political careers, when both of us tion drug conference report that will committed to the bipartisan principles served there in the house of delegates. soon be brought before the Senate. As contained in the legislation we passed After that, he pursued and held a mul- I look back on the 10 years I have in the Senate last summer, that we titude of political offices. served in the Congress and I think poured over and really gave heartfelt In 1961, President Kennedy named about probably one of the most impor- consideration and debate to bringing Jimmy Manchin as West Virginia State tant issues we have dealt with, it has about a program that would enhance director of the Farmers Home Adminis- been looking toward trying to provide Medicare and again would do no harm tration. a component to Medicare that, had we to a program that has done so much. In 1972, he was appointed State direc- seen or known the importance of pre- The bill we passed in the Senate tor of the Rehabilitation Environ- scription drugs when Medicare was de- gives all Medicare beneficiaries, no mental Action Program, REAP, where signed, we would have included. matter where they live, access to a he was placed in charge of cleaning up As we move forward in the discussion Medicare drug benefit. For those of us and restoring the natural beauty of our and the debate on the pending legisla- who come from rural States, we find State’s magnificent rolling green hills tion or the conference report that is ourselves oftentimes at the low end of and beautiful valleys, which he loved being formalized right now, I hope we the totem pole. We find ourselves in a so dearly. His campaign to restore our will not lose sight of our original objec- predicament where our seniors tend to State’s beauty was fueled by his per- tive; that is, to do no harm to a pro- be certainly living in more challenging sonality and fashioned by his talent for gram that has been incredible in this demographic areas, where their needs poetic oratory. As part of his REAP country. It has kept seniors out of pov- and their concerns are more difficult to campaign, Jimmy called on all West erty. It has provided insurance for meet. We find our seniors tend to be Virginians to ‘‘purge our proud peaks health care in our senior community more low income. It is critical we do of these jumbled jungles of junkery.’’ when private industry would not come not put a face on this bill that makes That was pure A. James Manchin poli- to the table to provide insurance and one demographic or one geographic ticking. He understood the theatrical health benefits for our aging popu- area of this country more important part of politics better than most politi- lation. than the other. cians of this era and, as a consequence, I hope we will keep our focus on Most importantly, our Senate bill his incredibly successful work for doing no harm to a program that has preserves the traditional Medicare Pro- REAP earned him a national ‘‘Keep done so much for the well-being of the gram as a viable option for seniors by America Beautiful’’ award. elderly of this country, that we will ensuring there is a level playing field In 1976, he was elected secretary of look to the ways we can improve it between the private sector and Medi- state, and in 1984, he was elected State and, more importantly, provide a pre- care. As many of us know, the private treasurer. scription drug piece that is actually In 1998, he again won a seat in the sector can participate in Medicare going to enhance our ability to keep West Virginia House of Delegates, a today. They choose not to. Why? Be- down the costs of health care, pro- half century after his first election to cause we have, over the years, crafted viding health care to the elderly in this that body. and improved a Medicare Program that His political career, which spanned 55 country, and improving the quality of is most efficient. The fact is, it is dif- years, earned him numerous awards, life which, after all, is, has been, and ficult for them to compete, to come in honors, and recognitions. In 1974, for should be our main objective. and to provide the same services, the example, Salem College named him First, I thank our chairman on the same programs in a cost-effective way ‘‘Mr. West Virginia,’’ while, just this Finance Committee, Senator GRASS- where they can actually make money. year, the West Virginia Italian Herit- LEY, and the ranking member, Senator Again, we want to do no harm in a age Festival named him ‘‘Italian Amer- BAUCUS, along with their staffs, for program we have begun now to mold ican of the Year.’’ their tireless effort in bringing this and shape in a way that is so produc- He was an outspoken booster and pro- package together thus far, both in the tive to the seniors and is cost-effective moter of West Virginia, a genuine pub- committee when we marked up the bill for our Government. lic servant who will be sorely missed and we worked hard to bring about a I believe it is important we be honest by the people of West Virginia. good, bipartisan measure we felt did with our Nation’s seniors, with the tax- The Bible says: ‘‘In my Father’s provide reforms and improvements to payers of this country, and with our- house are many mansions.’’ Well, Medicare but did no harm to the basis selves, so everyone understands what is Jimmy had a way of using this beau- of a program that has provided so in this bill, both good and bad, what tiful verbiage from the King James much to so many in this country. have we accomplished in this con- Bible and, before huge audiences he The chairman and the ranking mem- ference report and what have we not, would quote that. ‘‘In my Father’s ber have really bent over backwards to so we can honestly call this conference house are many mansions.’’ On Novem- do all they could to keep this con- report what it is. After all, this is more ber 3, our Father brought home one ference together and to keep a package than just a prescription drug package. more. My friend, A. James Manchin. together that was going to be bene- It includes a wide range of other provi- Mr. President, my wife Erma and I ficial for the elderly in this country. I sions that will affect health care for offer our most heartfelt condolences to know the negotiations at times have seniors. Jimmy Manchin’s wife Stella and their been contentious, but I am sure my Over the last several months, I have children, Patricia Lee, Mark Anthony, colleagues join me in expressing our consulted with Senator GRASSLEY and and Rosanna. heartfelt gratitude for their leadership Senator BAUCUS on this bill. They have

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.083 S18PT1 S15048 CONGRESSIONAL RECORD — SENATE November 18, 2003 been very kind and gracious with their to know even if this may not be the have come in; they tried it; they left time in listening to me as I offered my end-all, be-all package for Medicare, at because it is not profitable for them. own advice and feedback on the con- least it is the beginning, the first step Without substantial subsidies, they are tents of what was materializing as a in looking at how we can strengthen not going to come there again. conference report. Today I would like Medicare, both through providing a As to using this as a demonstration, to take this opportunity to present prescription drug component in a way we pretty much had a demonstration some of the questions I have asked of that reaches every senior in this coun- out in rural America to see what is them in these recent weeks, because try in a fair and equitable way, as well going to happen. It is simply unfair to this is not the bill I would have pro- as looking at the ways we can reform punish these seniors with a premium duced. As we look at this conference and reinforce Medicare through coordi- increase that estimates say could sur- report, it is not the bill the Senate pro- nated care, through multiple-disease pass 25 percent. The privatization advo- duced or that Senators would like to diagnosis and physician programs, cates say it is only a demonstration of have before us, but it may be the best where our physicians can look and see premium support and there are numer- we are going to be able to get in this the multiple diseases our elderly are ous exceptions to the policy. That just Congress under the leadership we have, dealing with and deal with them in a simply makes me wonder: If the policy both in the White House, in the admin- comprehensive way. My first question is so great, why make all of these ex- istration, as well as in the House and concerns the premium support model, ceptions? in the Senate. of which we have heard an awful lot. I urge the conferees to take a serious If that is the case, do we hold hostage Premium support carries a lot of dif- look at this controversial proposal. some seniors because we do not have a ferent visions that people have put on Look at the ways we can make it much perfect bill? We are going to have to it. The model I would like to question more clear, much more beneficial, and weigh that out in the course of the is the one which the conferees want to certainly much more economical to the next 6 to 7 days as we go through the add as a demonstration project. I would American taxpayer, as well as pro- motions of bringing that conference to like to ask the conferees to explain to viding the uniform benefit, across the a close and looking at what is actually me and to the American people: How country, to all seniors who deserve it going to be in that conference package. would this premium support policy equally. I would like to make it very clear I make Medicare stronger? That is our It is clear to me that its inclusion is asked these questions as someone who question. I am not coming to the floor based on privatization ideology alone wants very much to support a prescrip- with a preconceived idea. I really want rather than sound evidence that it tion drug package. It is something I to know, and I think the American peo- saves money or improves the program can see clearly as a tool that can aid ple want to know how it is going to for seniors. There are way too many this country, not only in the quality of make Medicare stronger. studies that indicate the other way. I care and the quality of life our seniors My concern is that the premium sup- encourage these conferees, when we need and deserve in this Nation. The port would force our traditional Medi- have a once-in-a-lifetime chance to be advancement of what pharmaceutical care Program to compete with private able to do something productive, make drugs and prescription drugs can do in insurance plans in an arena where the sure we are not wasting our time and making the aging loved ones in our rules greatly favor the private plan. energy and efforts, and most impor- families have a better quality of life is That is not true competition. That is tantly our resources, on demonstration so apparent. It is such a critical part of asking a program that we have built programs that we know because of past what we must do. over these many years to compete with experience are not going to be profit- We also have to know there are other a plan out there that might be able to able for anybody if we use our re- things that are in this package. The provide something in a more cost-effec- sources that way. Why drain those pre- questions so many of us have asked in tive way. But we don’t know because cious resources from the drug benefit looking for what we want to see hap- we have too many subsidies going for all on a demonstration that would pen—as I said, I want very much to there. affect only a few? support a prescription drug package. I The Center for Medicare and Med- The premium support demonstration have worked hard on this in the 10 icaid Services said this model would could destabilize the Medicare Pro- years I have been in Congress. I see the lead to wide variations in premium gram for all seniors, and it certainly importance of it. We want to be able to rates for Medicare beneficiaries living has the possibility of threatening the move forward. It is an issue I have in different parts of the country and integrity of Medicare for seniors in Ar- championed throughout the years in even, perhaps, within the same State. kansas and around the Nation. The my career in Congress. It is why I have This could be devastating for seniors in Senate bill we passed, with a great bi- worked hard to secure a seat on the Arkansas, especially in our rural areas. partisan margin, did not include this Senate Finance Committee so I could And Arkansas is not the only State provision, and it was a strong bipar- have more influence on the shape of that is concerned with a lot of rural tisan bill. the final bill. areas. Why should a senior living in the My second question is, Why does the In fact, this bill contains several rural delta of Arkansas pay a higher final agreement not retain the Senate’s strong provisions which I shall address premium than a senior living in Little more generous low-income assistance shortly, but I also think it is so impor- Rock, for the same benefit? That is the provisions? I am enormously grateful tant we be honest with ourselves in question I am asking our conferees. because I know Chairman GRASSLEY terms of what we are actually going to Seniors have paid into Medicare all and Senator BAUCUS worked very hard be dealing with. their lives and they deserve to pay the on the low-income assistance, and it is Furthermore, I asked these questions same premium no matter where they a good piece of this bill, so much better on behalf of my constituents in Arkan- live. Premium support would end this than what happened on the House side. sas, along with the millions of other uniformity that has always existed in So many of us who come from States seniors in this Nation who will be af- Medicare. with a large percentage of low-income fected by this legislation and who have The CMS Office of Actuary also de- seniors are very grateful. been waiting so patiently for us to at termined that premium support would The conferees, however, apparently least begin this process. They deserve significantly increase premiums for decided to lower the income eligibility to know about all of the components of traditional Medicare. Healthier seniors level from the 160 percent of poverty to this bill and how it will affect them, would leave the traditional program 150 percent of poverty, and to subject wherever they may live in this great for private plans, thus increasing the all low-income seniors to somewhat country. Like us, they want to know cost for traditional Medicare. This humiliating asset tests. this package will make Medicare would mostly impact seniors in our When we talk about 150 percent of stronger for the future, not weaker. We rural areas where private plans are not poverty around here, people just as- have not worked these some 40-plus likely to go, and where seniors are less sume that everybody knows what that years to now take a step in the wrong healthy. Why are they not likely to go is. But most people don’t. Most people direction to weaken Medicare. We want there? They are not there now. They don’t know that 150 percent of poverty,

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.086 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15049 which is what we are talking about to is made available for at least 3 years. I, for one, think we should give sen- be the high end of low-income seniors, But the concern to come, if you are a iors, most of whom live on fixed in- is only an annual income, for a couple, senior out there in rural America and comes, some assurance that their pre- of $18,000—$18,000 for seniors to live on you choose to stay with Medicare fee miums will not vary or increase unrea- as a couple. For singles, it would be for service, you have to go to one of sonably. $13,470. these drug-only plans. There has to be I urge the conferees to ensure that One hundred-fifty percent of poverty two in your region, but one of those those seniors who have employer-spon- is what we are talking about as being two could be a PPO, which means you sored retiree coverage be able to retain the high end of low-income seniors, in have to shift your traditional fee for it. It is pure and simple. We urge the terms of support for these low-income service into an overall PPO in order to conferees to ensure that the conference individuals. I don’t know about you, qualify for that drug plan or you can report preserve a level playing field be- but that is a tough annual income to go with one of those two plans. If one tween traditional Medicare and private live on as a senior when you are talk- of them should leave, you have the op- insurance plans. ing about all the different expenses tion of going to the Government fall- I am concerned—and have been—that they have. back. If one of those plans or another the proposed agreement unfairly tips This would help 3 million fewer peo- plan comes back next year, you imme- the deck against Medicare through the ple. Going from 160 percent of poverty diately have to go out of the Govern- $12 billion stabilization fund that the to 150 percent of poverty would help 3 ment plan and go back into one or the Secretary of Health and Human Serv- million fewer people with their copays other of the private plans. ices can use to encourage private plans than the Senate bill. So I urge the con- Seniors are going to find from year to participate in areas where they ferees to allow Medicaid to wrap to year those changes in their pre- don’t want to go. If they wanted to go, around the cost-sharing requirements miums, their deductibility, their they would be there now. But we are in the Medicare bill and allow them to formularies. They are going to find the going to use $12 billion to try to sta- pay for prescription drugs, not on the list of physicians changing. It is really bilize these plans to go into areas private plans formulary. This is an- critical. where they haven’t wanted to go and other component that is going to be I urge our conferees to ensure the where they aren’t currently practicing. very advantageous to our low-income fallback is available for seniors as an The Senate bill, which we worked on seniors. option, even if the private insurers de- in a bipartisan way, by contrast, pro- This low-income assistance is of spe- cide to test whether they want to offer vided billions of dollars for private cial importance to our Nation’s older a benefit in a community. Seniors plans to be able to help them in terms women. Those of us, as women in the should not have to have fallback plans, of incentives to come into these more Senate, recognize how the aging popu- difficult areas. especially if the new private plan is lation is disproportionately reflected We also have $6 billion in there for significantly more expensive for them in the number of women. I have Medicare enhancement and improve- and it is more restrictive. ments in the traditional Medicare Pro- watched my own mother, as a care- My third question is with regard to gram that all beneficiaries can use— giver, taking care of my father until consistency and reliability in the Medi- not just those who happen to live in an his death last year, and watched how care Program. Based on what we know she put the stresses and strains on her area where private plans decide to go. about the details of this agreement— own health care needs, as well as her The conference agreement would we still have a lot of time ahead of us own finances, to find herself now in the allow private plans to be paid at a to be able to read and digest what has aging population category, more de- much higher rate than traditional actually been negotiated out and put pendent on programs than she has ever Medicare with no enhancement added down on paper—it appears that the been before. So, disproportionately, for beneficiaries. drug plans will vary throughout the when we talk about our low-income I urge the conferees to consider this country, meaning that seniors in Ar- seniors and their needs, there is a dis- policy carefully. We want to make sure kansas may have different premiums, proportionate amount of those individ- the traditional fee for service and the cost sharing, and formularies than sen- uals who are women. traditional Medicare that is there has Medicare seniors are disproportion- iors in other States and in other parts the enhancement and the ability to im- ately women and they are dispropor- of the country. prove itself so it can reach all of the tionately poor, and will be far better Even worse, these plans can change seniors in this country, even those in served by the Senate’s low-income pro- their premiums, cost sharing, and the rural areas of my State and the visions on which we worked so hard to formularies for other years. State of the Presiding Officer and oth- come to a bipartisan agreement. My question is, How does it strength- ers who have multitudes of rural areas I am concerned that private drug- en Medicare to make the program less where seniors need health care. only plans may not provide the sta- consistent and less reliable for our sen- I wish the drug bill did not have a bility or the predictability that seniors iors? coverage gap or a donut. I am con- want and need. The insurance compa- If what we are trying to do is cerned about those seniors who will hit nies have told me they don’t want to strengthen Medicare with a drug ben- that gap in coverage and have to con- offer a prescription-drug-only plan. efit and in the reforms we are trying to tinue to pay their premiums. The Administrator of the Centers for make, how does it strengthen that pro- During debate on S. 1, I and many Medicare and Medicaid Services has gram if we make it more confusing for other Senators voted to allow em- said such a plan doesn’t exist in na- our seniors, if we make it less con- ployer-sponsored retiree health plan ture. sistent and we make their choices less contributions to fill this gap. I also Quite frankly, I believe we have prov- reliable? voted to eliminate the coverage gap al- en that through the Medicare-Medicaid I urge the conferees to make the pre- together, and I voted to prevent seniors veterans programs the Government can scription drug benefit less volatile for from paying premiums when they are do it in a much more cost-effective seniors. If there is anything I know in the coverage gap. manner. But the point is, we are trying about the seniors in my life, it is the Unfortunately, all of these amend- to create something that has not ex- confusion they see right now or which ments were defeated, but it doesn’t isted in nature, and really, quite frank- they may have to address in a package mean we can’t still address some of ly, those who are going to be there to such as this. It is devastating to them. these concerns. It doesn’t mean our create it don’t want to do it. It gives them a sense of distrust. That conferees can’t work together and I urge the conferees to take a good is the last thing we want for our loved come up with some provision that can look at what we are providing there. ones and those for whom we are work- help to assist us in making sure some That is why I am glad the Senate con- ing so hard to provide quality of life. of these gaps, some of these holes that tains a Medicare-guaranteed drug plan, This includes limiting variations in the have been left are closed for the benefit or safety net, called a fallback. amount seniors have to pay in pre- of the seniors of this country. I urge the conferees again to retain miums to only $10 above the national I also voted for an amendment to try the fallback and ensure that a contract average, no matter where they live. to contain the skyrocketing costs of

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.089 S18PT1 S15050 CONGRESSIONAL RECORD — SENATE November 18, 2003 prescription drugs. Every one of us in I encourage my colleagues to include program’s origins and mission. Medi- this Chamber knows that in the next 20 a physician’s demonstration on chronic care provides health care for a special years or less we are going to almost care management that I helped to au- population of Americans: millions of double the number of seniors putting thor in the Senate Finance Committee. seniors, individuals with disabilities, demands on the Medicare Program. We If there is anything we know, it is and people with kidney failure, those are going to go from 41 million seniors that our seniors are having multiple who are uninsurable in the private to over 70 million seniors in this coun- chronic illnesses which they are having marketplace. Over 50 percent of them try. It doesn’t matter what kind of pro- to deal with. If we don’t look at how we were uninsurable in the private mar- gram we put together if we don’t look manage the chronic care multiple dis- ketplace when Medicare was started. at trying to have some kind of handle eases they are dealing with, we will Congress created Medicare in the first on the escalation in costs for whatever never get the economic efficiency out place because private insurance plans program we have. If we almost double of Medicare that we could. were failing to provide affordable our number of seniors who are putting Many of my constituents have said health-care coverage for this high-risk pressure on this program, we are not when they finally have gotten a coordi- population. Therefore, we should pro- going to be able to afford it. It is crit- nation for their elderly loved one, it is ceed cautiously when making major ical that we look at ways we can make unbelievable. They were seeing five dif- changes to the traditional Medicare more efficient the use of the dollars ferent doctors in five different places Program. that we have. who were not talking to one another. In my home State of Arkansas, over One measure I supported which They did not have a nutritionist or 400,000 people rely on Medicare for passed seeks to increase access to more someone consulting on depression. their health insurance. Without it, affordable and equally effective generic When they got that coordination of they likely would be among the ranks drugs—something on which I think care, they better understood all of the of the uninsured. This is why I want to most of us could agree. chronic illnesses their loved one was ensure if this bill passes it is built upon I also voted for an amendment which going through, not to mention getting policies that will make Medicare failed to help consumers better com- more efficiency out of the dollars they stronger and more reliable for all of its pare the cost effectiveness of prescrip- were spending in Medicare. That indi- beneficiaries, that we know as we move tion drugs. vidual, that loved one, that elderly per- forward there is no possible way we Finally, I also voted for a successful son was getting the quality of care could do everything we needed to do in amendment to allow wholesalers and they deserve in a more cost-effective this bill. This is not the bill I would pharmacists to import prescription way. They were able to manage all of have written, but I was not in charge. drugs from Canada which will provide those things in a way that was making I also do not want to see a missed op- substantial savings to consumers while the quality of care the best it could be. portunity for being able to move the ensuring their safety. One of the demonstrations should ball down the field, to do something for These are just some of those compo- take place in a State that has a depart- which seniors in this country have nents where we in the Senate made ment of geriatrics with a rural out- been waiting patiently. corrections and improvements to the reach site. Rural areas are one of the Some of my colleagues will argue, bill, some of which were accepted, most difficult areas to serve our elder- don’t worry, it does not take effect some of which were not, but most of ly. Unless we have the knowledge of until 2006. Some of these things do not which I hope, as a conference, they will how we can coordinate the care for in- happen until 2010. There will be so look at, because the bill we are trying dividuals in rural America, we will many elections between now and then; to produce out of this conference never see the efficiency we need. It is you do not have to worry. We will should be a bill that will enhance a critical we have this demonstration so change it and fix it and it will have a program that has done so much for all we can determine the healthy out- new appearance by the time we get seniors and all Americans. there. I hope if that is what we are I urge our conferees to try to retain comes that result when a geriatrician hanging our hat on, we can be sincere some of those positions that we took in is paid appropriately for caring for a as these conferees come out with a plan the Senate; the provisions that we patient with multiple chronic condi- that will leave intact the purpose of passed. tions. I look forward to hopefully seeing us I am also pleased the drug bill will Medicare originally: to provide for complete some of those things that I include coverage for insulin syringes those who were the uninsurable, the el- think will make the bill a better bill. I and that there is a new benefit pro- derly, the loved ones for every one of know reaching this point has been a viding screening for diabetes. Roughly us in this body, to make sure when the long and difficult process. 40 percent of the senior population marketplace would not provide for I compliment my Senate colleagues with diabetes, or 1.8 million seniors, them, there would be an honest stand- for fighting to include several good uses syringes every day to inject insu- ard benefit so they could get the qual- provisions that are contained in this lin to control their diabetes. Without ity of care, regardless of where they bill. This agreement contains a com- coverage, the syringe purchases, which live in this country, that they are due prehensive rural package that signifi- could be especially expensive for sen- for the great things they have done for cantly decreases or eliminates the dis- iors on fixed incomes, would not count our country. parity of Medicare payments between toward cost-sharing and yearly out-of- I look forward to reading the legisla- rural health care providers. I was very pocket expenses. The new diabetes tive language in the coming days to de- involved in working with the chair- screening benefit will help with the termine my ultimate support for this man, Members, and others to move fact that approximately one-third of bill. I hope our conferees are not fin- some of those provisions forward and the 7 million seniors with diabetes, or ished. I hope they continue to look at certainly making sure that health care 2.3 million people, are undiagnosed. the ways this bill can be improved. Our was available to seniors and to all peo- They simply do not know they have work is never done in this Senate, ple in rural areas. this very serious condition with com- whether we pass a bill into law and I can’t tell how necessary these pro- plications that include heart disease, look toward 2006 or 2010 or whenever visions are to rural hospitals and phy- stroke, vision loss and blindness, am- may be that we think some of the un- sicians and ambulance providers, home putation, and kidney disease. reasonable things in here we can shut health providers and rural health clin- I understand there is also a provision our eyes to and move forward with, but ics in Arkansas and elsewhere across to temporarily waive the late-enroll- that we can make the changes now and the country. ment penalty for military retirees and we can create a bill that is the best we It is my hope that the conference their spouses who sign up for Medicare can do, knowing it is not perfect but agreement will also contain the Senate Part B and to permit year-round en- that it will move us forward to provide policy for Medicaid low-DSG States. I rollments so retirees can access the a critical prescription drugs compo- am glad the physicians won’t receive a new benefits immediately. nent in the 21st century to a program cut in payment but a small update as It is important in seeking to we started many years ago that has in this conference report. strengthen Medicare we reflect on the meant so much to so many.

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.091 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15051 Ultimately, I must weigh whether leader in, for the State he loved so As you know, Madam President, the benefit contained in this bill to well, for Boundary County, where he France has a large Muslim minority provide prescription drugs is better sought his professional life, where he population. In the past, I have been than no benefit at all. I hope that is raised his family, and where he made a strongly critical of President Chirac, not the case. I hope the case will be we mark on Idaho. Pete Wilson will be the French, and other Europeans for have done everything we possibly long remembered as a citizen of our not having been sufficiently attentive could, looking at the bipartisan pack- State who gave. to the cancer of anti-Semitism that age the Senate passed, and how hard He has always been in my political still exists in Europe, and in the United we worked to get there to make this life, not just as someone who supported States to some extent. final product the best it can be for me but someone who advised me. Uncle Some have ignored the insidious way some of the most special people in this Pete would pick up the phone and call criticism of some Israeli policies has country. and say: LARRY, you’re wrong about been conflated into pure anti-Semi- I yield the floor. this issue. You ought to do it this way tism. Others have shied away from The PRESIDING OFFICER (Mrs. or you ought to do it that way. And meeting the problem head on because DOLE). The Senator from Idaho. usually he was right. I took his advice of fears of provoking more violence in f because he was so well grounded in the Europe. Still others have refrained community he served. from speaking out for fear of alien- MORNING BUSINESS He served as president of the cham- ating domestic electoral constitu- Mr. CRAIG. I ask unanimous consent ber, served as a lawyer who in many encies. that there now be a period of morning ways gave time and time again to the Whatever their motives, until re- business with Senators permitted to charities and to the communities of cently, precious few European leaders speak up to 10 minutes each. that marvelous community of Bonners have demonstrated very much leader- The PRESIDING OFFICER. Without Ferry and Boundary County. ship with regard to combatting anti- objection, it is so ordered. Pete Wilson will be missed. Pete Wil- Semitism, which is on the rise. son will be long remembered. It was a f Last Saturday, a Jewish school near tragic accident that took him and his Paris was destroyed by an arson at- IN MEMORY OF PETE B. WILSON son, nearly took another son, and his tack. Two days later, President Chirac Mr. CRAIG. Madam President, I come wife. convened a meeting attended by Prime to the floor under the privilege to To their family, I must say, on behalf Minister Raffarin and other top offi- speak about a situation that occurred of Suzanne and myself, we are so sad- cials to react to this latest outrage. in Idaho that brought great sadness to dened by this situation, but we want The result of the meeting, as reported me and to some of my staff. Idaho to know Pete Wilson will be re- in the New York Times, was a package In 1974, when I was elected to the membered as someone who made our of measures including beefed-up polic- State legislature, prior to that legisla- country work, someone who never ing and prosecution of anti-Semitic vi- tive session convening, I traveled to wanted to aspire beyond being just olence, and also an earmark of nearly that strong community leader who as- the north end of my State for the $8 billion worth of investment in urban sociated himself communitywide and North Idaho Chamber Tour which goes renewal to clean up neighborhoods that statewide to make for his family and on every 2 years for Idaho legislators. breed Islamic fundamentalism. It was at that time I met the chairman for his friends a better place to live. President Chirac was quoted as say- Pete Wilson of Bonners Ferry, ID, of of the North Idaho Chamber, a fellow ing: ‘‘Anti-Semitism is contrary to all Boundary County, ID, made north by the name of Pete Wilson, who was a the values of France,’’ and that Jewish Idaho a better place because he was leader in his community of Bonners Frenchmen and Frenchwomen are at there as a marvelous leader of that Ferry, who was well known across home in France just as are all other community. Pete will be long remem- north Idaho as an attorney who gave so groups. much of his time to his community and bered. I yield the floor. Last month, the Committee on For- to the citizens of that area. The PRESIDING OFFICER. The Sen- eign Relations held a hearing on anti- Little did I know years later when I ator from New Jersey. Semitism in Europe, which revealed ran for Congress, Pete Wilson would be- Mr. LAUTENBERG. Madam Presi- the shocking extent of the problem. come one of my strong supporters. Pete dent, I want to speak in morning busi- Recent public opinion polls in Europe became a friend down through the ness, but I would be pleased to yield, have confirmed our hearing’s testi- years. Just a few years after I got here, with unanimous consent, to my friend mony. a young woman came to my office to from Delaware, Senator BIDEN. One of the most important weapons seek employment, a young lady by the The PRESIDING OFFICER. The Sen- in the fight against anti-Semitism is name of Brooke Roberts, who happened ator from Delaware. political leadership. Or as Justice to be Pete Wilson’s niece. Brooke Rob- Mr. BIDEN. Madam President, I feel Holmes said: The best disinfectant is erts is now my head of legislative af- like I am part of New Jersey. The Sen- the light of day. The best disinfectant fairs and my chief counsel and assist- ator from New Jersey is—I don’t want is light, and shedding light on the anti- ant manager of my office. Not only has to hurt his reputation—my closest ally Semitism in Europe, and criticizing it, Brooke played a tremendous role in my in the Senate. We share a common bor- can only be done effectively by Eu- political life, but her uncle, Pete Wil- der. Although I always kid him, as big rope’s political leadership. son, has played a tremendous role. I as New Jersey is, the Delaware River is France’s measures are, to be sure, say now, sadly, in the Senate, has owned by the State of Delaware up to only a beginning of a long struggle to played. Last Friday night or early Sat- the high river mark in New Jersey. It eradicate this disease from the Euro- urday morning, Pete Wilson and his is one of our claims to fame. We lit- pean body politic. I have been critical son Kip were killed by asphyxiation be- erally lap upon New Jersey’s shore. But in the past when European leaders have lieved to be carbon monoxide poi- I thank him. I will be very brief. not responded. Now President Chirac soning. His wife Rhoda and another son f should be complimented for having had who was there visiting because of the courage to forcefully show the way. Pete’s illness at age 78 are still CONGRATULATING FRENCH He deserves credit, and I hope it is the recuperating from a near-death experi- PRESIDENT CHIRAC beginning of a process. ence of carbon monoxide poisoning. Mr. BIDEN. Madam President, I rise (The remarks of Mr. BIDEN pertaining My sympathies go out to Rhoda and today to congratulate French Presi- to the submission of S. Con. Res. 82 and to Duff, to Tim and to Neal, the re- dent Jacques Chirac for having taken S. Con. Res. 83 are printed in today’s maining sons of this wonderful family. resolute steps to stop attacks on Jew- RECORD under ‘‘Submitted Resolu- Idaho has lost an icon. Idaho has lost ish sites in France and, more broadly, tions.’’) one of those kinds of citizens who gives to address some of the causes of anti- Mr. BIDEN. Madam President, I and gives and gives more, not for him- Semitism among Muslim youths in thank my friend from New Jersey. We self but for the community he was a that country. use that phrase very loosely around

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.107 S18PT1 S15052 CONGRESSIONAL RECORD — SENATE November 18, 2003 here, but he is my friend, and I thank of not very many people, compared to trialized countries, a direct result of him for his courtesy. the rest of the world, we have about 25 historically strong research and devel- I yield the floor. percent of all the money in the world. opment investments and technological The PRESIDING OFFICER. The Sen- We are a fortunate country. leadership. For example, in 1986, the ator from New Jersey. How do we, as the country grows, and United States had more than double Mr. LAUTENBERG. Madam Presi- as we worry about global competition— the number of patents than the rest of dent, before the Senator from Delaware especially about how China develops— the world, with nearly 80,000 patents leaves the floor, I commend him for his keep our good-paying manufacturing granted. In 1999, the number of patents arduous effort here on behalf of re- jobs? How do we keep our standard of granted in the United States was over minding the French Government that living? We have struggled through that 160,000, while those in the rest of the anti-Semitism is antithetical to a for a long time. We have worried about world were less than 80,000. There were democratic society and to those with it for a long time. 160,000 in our country, 80,000 patents in whom we have relationships. After World War II, we helped Europe the rest of the world. These patents, Senator BIDEN has worked on this for get back on its feet through the Mar- these innovations, led to new tech- several years, and he is a voice they shall plan and basically provided direct nologies and new jobs. Nearly 5.3 mil- will listen to. We commend him again competition there, as the people mak- lion new firms were launched between for his thoughts and his remarks. ing lower wages began to make some of 1990 and 1998 that were mainly high- Mr. BIDEN. I thank the Senator. the things we made. We struggled with technology companies. Not all of them (The remarks of Mr. LAUTENBERG Japan, worrying about whether the succeeded. But these new firms ac- pertaining to the introduction of S. Japanese, in the 1980s, might take us counted for one-third of the 10 million 1882 are printed in today’s RECORD over economically. But that didn’t hap- new jobs created between 1990 and 1997. under ‘‘Statements on Introduced Bills pen. We were able to keep our standard However, last fall, the President’s and Joint Resolutions.’’) of living. We have watched Africa, the Council of Advisers on Science and Mr. LAUTENBERG. Madam Presi- former Soviet Union, and other parts of Technology reported funding for re- dent, I suggest the absence of a the world grow and develop, even search and development is becoming quorum. though people there were making much dangerously imbalanced. They rec- The PRESIDING OFFICER. The lower wages than Americans. We have ommended the funding levels for the clerk will call the roll. been able to keep our standard of liv- physical sciences and engineering be The legislative clerk proceeded to ing. improved and that funding levels be call the roll. I want to talk today about one major brought to parity with the life Mr. SPECTER. Madam President, I reason why we have been able to keep sciences. To correct this trend, we ask unanimous consent that the order that standard of living and why there should increase the authorizations for for the quorum call be rescinded. is a lesson for us for the future there. a variety of scientific and techno- The PRESIDING OFFICER. Without I want to talk about our investments logical endeavors at the DOE. The De- objection, it is so ordered. in the physical sciences, about our in- partment of Energy, through its Office The Senator from Pennsylvania is vestments in science and technology. of Science, is the largest supporter of recognized. Last week Energy Secretary Spencer physical science and engineering re- Mr. SPECTER. I thank the Chair. Abraham released an exciting 20-year search and supports many of the feder- (The remarks of Mr. SPECTER per- plan for the future of scientific facili- ally funded research and development taining to the introduction of S. 1888 ties in our country. This plan provides centers in our country. These centers are located in today’s RECORD under for an exciting future for science that are considered by many to be the ‘‘Statements on Introduced Bills and will revolutionize science and our soci- crown jewels of the R&D enterprise in Joint Resolutions.’’) ety. The plan includes participation in the Nation. These centers and our (The remarks of Mr. SPECTER per- international collaborations to make great research universities create the taining to the submission of S. Res. 267 fusion power a reality. It strengthens technology of the future that leads to located in today’s RECORD under ‘‘Sub- our scientific computing capabilities to the jobs of tomorrow. mission of Concurrent and Senate Res- develop advanced methodologies rang- Sometimes I think we take for grant- olutions.’’) ing from modeling chemical reactions ed these research universities and our Mr. SPECTER. I thank the Chair. In to predictions of weather and climate great laboratories the Department of the absence of any other Senator on change. It includes facilities to develop Energy runs. We not only have more of the floor, Mr. President, I suggest the and characterize proteins for microbial the great research universities in the absence of a quorum. research on a grand scale. These are world in our country, we have almost The PRESIDING OFFICER (Mr. AL- just a few of the facilities that are in- all of them. Nowhere in the world has EXANDER). The clerk will call the roll. cluded in Secretary Abraham’s vision- national laboratories, such as Oak The assistant legislative clerk pro- ary plan. Ridge in my State, or Los Alamos, or ceeded to call the roll. This ambitious plan serves as a re- more than a dozen others across our Mr. ALEXANDER. Mr. President, I minder that since World War II, ac- country. No other country in the world ask unanimous consent that the order cording to the National Academy of has the number of federally funded re- for the quorum call be rescinded. Sciences, half of our job growth can be search institutions such as our labora- The PRESIDING OFFICER (Mr. TAL- attributed to our investments in tories that are operated by the Depart- ENT). Without objection, it is so or- science and technology. This should ment of Energy, and the great research dered. also remind us, especially in this era of universities of America, which are Mr. ALEXANDER. I ask unanimous global competition, that future invest- funded to a great extent by Federal consent that I be allowed to speak as in ments in science will be even more im- funding. morning business for as long as I may portant. To create more good-paying The Nation must have balanced in- require. jobs for Americans, I therefore rec- vestment to maintain the overall The PRESIDING OFFICER. The Sen- ommend Congress and the administra- health of science and technology re- ate is already in morning business. tion do for the physical sciences what search. Recent funding increases in the f it has done in the last few years for the National Institutes of Health and the health and life sciences: double the De- National Science Foundation cannot AMERICA’S INVESTMENT IN partment of Energy’s Office of Science compensate for the declines in funding SCIENCE AND TECHNOLOGY funding, from the current $3.3 billion to at Federal agencies, such as the De- Mr. ALEXANDER. Other than the more than $6 billion per year within partment of Energy. Many of the ad- war in Iraq, I suppose the subject we the next 5 years. vances in the health sciences could not hear most about is jobs. We are wor- Our investments in science and tech- have been realized without past invest- ried, as are our constituents, about the nology have continued to create a re- ments in the physical sciences. Much of future. How do we keep good-paying markable legacy of innovation. U.S. the basic work in the physical sciences, jobs? We are aware that in this country patent rates exceed most other indus- on which all other sciences, even the

VerDate jul 14 2003 03:56 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.111 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15053 biological sciences, are based, is sup- turned to those who cannot see. This is acter. He has always held that it is not ported by the Department of Energy. truly amazing. We are just at the edge the size of the dog in the fight but the Harold Varmus, Nobel Laureate and of what science can do. size of the fight in the dog. former director of the NIH, summed up The physical science and engineering He has changed our attitude on how very nicely the unique relationship be- will also play a major role in advancing we solve our problems and most times tween the medical and physical technology for homeland security. The taught us to laugh at ourselves and sciences in an editorial in the Wash- development of detection systems for lighten up on ourselves. He has entered ington Post. chemical, biological, radiological, and our lives and he has changed us all, He stated in that editorial: nuclear weapons will require invest- from the young to the old. Medical science can visualize the inner ments in science and technology. Crisis Today is the birthday of Mickey workings of the body. . . . These techniques response technologies and analyses will Mouse. It is also shared by our good are the workhorses of medical diagnosis. And also be dependent on science and engi- friend, the President pro tempore now not a single one of them could have been de- neering. The daunting challenges of de- in the chair, Chairman STEVENS. veloped without the contributions of sci- veloping countermeasures for chem- I yield the floor. entists, such as mathematicians, physicists, ical, biological, radiological, and nu- and chemists supported by the agencies cur- f clear weapons will be addressed in rently at risk. HONORING OUR ARMED FORCES large part by the development and ap- Although this statement was made 3 plication of our scientific capabilities. Mr. JOHNSON. Mr. President, I rise years ago, it is still true today for the Our Nation has no choice. We must in- today to pay tribute to Chief Warrant Department of Energy Office of vest heavily in physical sciences and Officer Two Scott A. Saboe, a resident Science. engineering to stay competitive in of Willow Lake, SD, who died on No- The fundamental work in high en- these fields. Our competitiveness is vember 15, 2003, while serving in Oper- ergy and nuclear physics has led to a greatly impacted by the number of ation Iraqi Freedom. revolution in medicine. Our quality of graduate students entering these fields. Chief Warrant Officer Two Saboe, a life has been greatly improved with the A definite correlation exists between member of A Company, 4th Battalion, advent of nuclear medicine. As Presi- the number of graduate students en- 101st Aviation Regiment, 101st Air- dent Bush recently acknowledged, one rolled in science and engineering and borne Division, was based out of Fort of every three hospital patients bene- the funding levels for these fields. The Campbell, KY. He was among 17 sol- fits from nuclear medicine. None of funding levels for the medical sciences diers killed when two Army Black this would have been possible without have increased more than 20 percent Hawk helicopters collided midair in the fundamental research of physicists over the past decade, and graduate stu- the northern Iraq city of Mosul. in the last century and today, physi- dent enrollment has increased more Answering America’s call to the mili- cists who have been supported in large than 40 percent. However, there were 20 tary, Chief Warrant Officer Two Saboe part by the Department of Energy and percent fewer graduate students in had planned a military career since at- its predecessors. physics and 9 percent fewer in chem- tending high school at Willow Lake, Advances in magnetic resonance im- istry in 2000 than in 1993 while the SD. A member of the football, basket- aging—we call it MRIs in everyday lan- mathematical sciences had 19 percent ball, and track teams, friends remem- guage—could not have been possible fewer graduate students. These trends ber him as a serious and committed without the development of super- cannot be allowed to continue. person. Chief Warrant Officer Two conductors. Small electron linear ac- Science and technology are an inte- Saboe’s former coach and teacher Bill celerators are used in hospitals every gral part of our everyday lives. To sus- Stobbs said that ‘‘he died doing what day to treat cancer patients. Yet this tain our Nation’s technical and sci- he loved, and he was a dedicated sol- would not have been possible without entific leadership, we must support in- dier.’’ His childhood friend, Darin our investments in science. creased authorizations for our science Michalski, knew that ‘‘he was giving Likewise, the development of laser programs. The Energy bill reported out his all and believing in what he was and optics technology has led to a rev- of conference will help put our Nation doing.’’ olution in medical procedures. Sur- on the path to sustained economic For all of Chief Warrant Officer Two geries, such as gall bladder removal, growth. But the Energy bill is not just Saboe’s commitment to public service, that were once invasive and required investing in science; it is investing in nothing was more important than his weeks of recovery, can now be per- jobs. family. The 33-year-old leaves behind formed with a minimal incision and re- The quality of our lives and the pros- his wife Franceska and 6-year-old son, quire minimal recovery time. None of perity of our Nation will be greatly en- Dustin, as well as his sister Ann Rem- this would have been possible without hanced and made better if we agree ington, who is stationed at Walter the basic research performed by sci- over the next 5 years to do for the Reed Medical Center in Bethesda, MD. entists at our research universities and physical sciences what we have done He also leaves behind his father, Arlo National Laboratories funded by our for the health sciences—double our Saboe, a decorated Vietnam war vet- Federal investments in science and spending—according to the visionary eran, in addition to his proud, extended technology. plan that the Secretary of Energy laid family and countless friends. We are advancing even further than out for the next 20 years. Chief Warrant Officer Two Saboe once imagined, thanks to these invest- Thank you, Mr. President. I yield the served our country and, as a hero, died ments in science. The Department of floor. fighting for it. He served as a model ex- Energy is leading the way in devel- f ample of the loyalty and dedication in oping materials for creating the artifi- the preservation of freedom. The cial retina. The development of an arti- SPECIAL BIRTHDAYS thoughts and prayers of my family as ficial retina requires new and innova- Mr. BURNS. Mr. President, this is a well as the rest of the country’s are tive materials, research, and nanoscale special day today. I just want to take with his family during this time of fabrication techniques that are on the note of it now. It is a special day, the mourning. Our thoughts continue to be forefront of science. birthday of someone Americans all with all those families with children, Preliminary models of the artificial know. He is one of our senior citizens spouses, and loved ones serving over- retina have enabled patients to see for who has his birthday today. When this seas. the first time. I saw some of that re- animated character burst on the scene, Chief Warrant Officer Two Saboe led search being done at Oak Ridge. Al- it changed our country. That change a full life, committed to his family, his though these patients did not regain was bound to happen because of his ap- Nation, and his community. It is his full sight, this is just the beginning. peal to the young and the old. He has incredible dedication to helping others This research caused three patients to changed the way we communicate. He that will serve as his greatest legacy. see for the first time. With advance- has changed the way we travel. Our Nation is a far better place because ments in materials and fabrication He is just a little fellow, but size has of Chief Warrant Officer Two Saboe’s techniques, sight may eventually be re- meant nothing to this animated char- life, and, while his family, friends, and

VerDate jul 14 2003 04:04 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.113 S18PT1 S15054 CONGRESSIONAL RECORD — SENATE November 18, 2003 Nation will miss him very much, the serve as his greatest legacy. Our Na- vations as someone who was there and best way to honor his life is to emulate tion is a far better place because of his who understands well the situation his commitment to service and com- life, and, while his family, friends, and currently before us. His words are munity. In the words of Michalski, Nation will miss him very much, the thought-provoking, and deserve the at- ‘‘Most of us go through our whole lives best way to honor his life is to emulate tention of all of our colleagues. and don’t really accomplish anything. his commitment to service and com- I ask unanimous consent that Sen- And some of us only live to be 33, and munity. ator HOLLINGS’ article be printed in the we’re heroes.’’ I join with all South Dakotans in ex- RECORD: I join with all South Dakotans in ex- pressing my sympathies to the family There being no objection, the mate- pressing my sympathies to the family of Private First Class Sheldon Hawk rial was ordered to be printed in the of Chief Warrant Officer Two Saboe. I Eagle. I know that he will always be RECORD, as follows: know that he will always be missed, missed, but his service to our Nation MISLED AND UNDERMANNED: THE TRUTH ON but his service to our Nation will never will never be forgotten. IRAQ be forgotten. (By Senator Ernest F. Hollings) f Mr. President, today I pay tribute to The majority leader of the Senate, Mike Private First Class Sheldon R. Hawk LOCAL LAW ENFORCEMENT ACT Mansfield, quietly opposed the war in Viet- Eagle, a former resident of Eagle OF 2003 nam for years. He had a practice of writing memos in opposition to the war to Presi- Butte, SD, who died on November 15, Mr. SMITH. Mr. President, I rise 2003, while serving in Operation Iraqi dents Johnson and Nixon while publicly sup- today to speak about the need for hate porting the war on the floor of the Senate. Freedom. crimes legislation. On May 1, 2003, Sen- But finally, when Cambodia was invaded Pfc. Hawk Eagle, a member of the 1st ator KENNEDY and I introduced the under President Nixon, he snapped. Battalion, 320th Field Artillery, 101st Local Law Enforcement Enhancement Going on television, he said Vietnam was a Airborne Division, was based out of Act, a bill that would add new cat- mistake from the get-go. The next day he re- Fort Campbell, KY. He was among 17 egories to current hate crimes law, ceived a letter from an admirer who had just lost her son. She said: ‘‘I just buried my son soldiers killed when two Army Black sending a signal that violence of any Hawk helicopters collided mid-air in to come home and watch you say that the kind is unacceptable in our society. Vietnam War was a mistake from the begin- the northern Iraq city of Mosul. On January 23, 2003, Luis Collazo was Answering America’s call to the mili- ning. Why didn’t you speak out sooner?’’ attacked and beaten by a man who I came to the Senate in 1966, and if Mans- tary, Pfc. Hawk Eagle enlisted in the asked him for a smoke as he walked to field, an expert on the Far East, had spoken Army during a visit to his sister in his car from a bar and a pizza estab- out at that time, we might have saved 50,000 Grand Forks, ND. An enrolled member lishment in Palm Springs, CA. The at- lives. I have reached my ‘‘Cambodian mo- of the Cheyenne River Sioux Tribe, his ment.’’ tack came after the suspect made an Lakota name was Wanbli Ohitika, In August and September of 2002, President antigay slur to Collazo, said Palm meaning Brave Eagle. A descendant of Bush, Vice President Dick Cheney, National Springs police Detective Mark Crazy Horse, military duty was essen- Security Adviser Condoleeza Rice and De- Melanson. Fortunately, Collazzo was fense Secretary Donald Rumsfeld all cau- tially a family duty in his home. His quickly released from the hospital tioned that Saddam was reconstituting a nu- family, from his grandfather to his after being treated for facial bruises. clear program. On September 8, the vice uncle to his father, all served their I believe that Government’s first president said that we ‘‘know with absolute country in the armed forces. certainty’’ that this was what Saddam was duty is to defend its citizens, to defend News of his death spread rapidly about; then on October 7, President Bush them against the harms that come out through Indian Country, but not faster went further, saying, ‘‘Facing clear evidence of hate. The Local Law Enforcement than on the Cheyenne River Reserva- of peril, we cannot wait for the final proof— Enhancement Act is a symbol that can tion where he was raised by his aunt the smoking gun—that could come in the become substance. I believe that by form of a mushroom cloud.’’ Four days later, and uncle, Harvey and Bernadine Hawk passing this legislation and changing I voted for the Iraq resolution. Eagle, after his parents passed away. current law, we can change hearts and I was misled. Saddam was not reconsti- Emanuel Red Bear, a spiritual leader in minds as well. tuting a nuclear program, and is no way was the community, remembers Pfc. Hawk he connected to 9/11. There were no terrorists Eagle as ‘‘a role model in his quiet f in Baghdad, no weapons of mass destruction, and Saddam was no threat to our national way. He was a modern-day warrior.’’ VOTE EXPLANATION His sister, Frankie Hawk Eagle remem- security. Iraq was not a part of the war on Mr. NELSON of Florida. Mr. Presi- terrorism. bers that, ‘‘His goals were important to Now we have another Vietnam. Just as him, and his whole persona was full of dent, on November 14, 2003 I was nec- essarily absent and unable to cast my President Johnson misled us in Vietnam, life. He was well-respected in the President Bush has misled us into Iraq. As in Armed Forces and believed that every- vote on rollcall votes 450, 451, and 452. Vietnam, they have not met us in the streets thing he did was for his family, his Na- In each case, I would have voted ‘‘nay,’’ hailing democracy. Thousands of miles away, tive people and for the most, his coun- which would not have affected the out- we are once again ‘‘fighting for the hearts try. He was Pfc. R. Hawk Eagle, a come of the vote. and minds.’’ Again, we are trying to build and destroy. Again, we are bogged down in a United States Army Soldier.’’ f Pfc. Hawk Eagle served our country guerrilla war. Again, we are not allowing our CAMBODIAN MOMENT troops to fight and win—we do not have and, as a hero, died fighting for it. Na- enough troops. Again, we can’t get in, can’t tive Americans have a great history of Mr. INOUYE. Mr. President, a few get out. Again, instead of Vietnamizing Viet- serving in the Armed Forces and fight- moments ago I read an article that ap- nam, we are trying to Iraqify Iraq. And al- ing and dying to protect this country, peared in The State newspaper of Co- ready, with Rumsfeld’s memo, we have the including the ‘‘Code Talkers’’ of World lumbia, SC: ‘‘Misled and Undermanned: Pentagon papers. War II. Pfc. Hawk Eagle served as a the Truth on Iraq.’’ It was prepared by Once more we are blaming intelligence. contemporary example of that loyalty my dear friend and colleague, ERNEST It’s not bad intelligence; it’s because we refuse to listen to good intelligence, like F. HOLLINGS, the senior Senator of and dedication to the preservation of that from General Brent Scowcroft. We had freedom. The thoughts and prayers of South Carolina. plenty of warnings. my family as well as the rest of the His words reminded me of sad mo- Iraq was under sanctions. We were over- country’s are with his family during ments—reminded me of a divided flying the north and the south; and you can this time of mourning. Our thoughts America—and reminded me of the pain bet your boots Israel knew whether or not continue to be with all those families we all experienced. I do hope my col- Saddam had nuclear systems. Its survival de- with children, spouses, and loved ones leagues will set aside a few moments to pends on knowing. Iraq was no more a part of read and reflect on these thoughts of the war on terrorism than North Korea. serving overseas. If the troops are to fight, there are too few. Pfc. Hawk Eagle led a full life, com- my dear friend from South Carolina. If they are to die, there are too many. My mitted to his family, his Nation, and I do not believe that Senator HOL- goal is to stop the killing and injuring of our his community. It is his incredible LINGS wrote this article with any other GI’s. To support the troops, we need more dedication to helping others that will motive than to share his candid obser- troops—at least 100,000 more. Get in, clean

VerDate jul 14 2003 04:04 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.095 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15055 out Baghdad and the Sunni triangle. Get law stretched thin. In other cases, even two never be seen as the problem, but must and order. Then get a constitution and vic- parent families cannot provide—for be recognized at all times with having tory. But since General Eric Shinseki said various reasons—the support a child the dignity and rights which the person we need ‘‘several hundred thousand troops,’’ needs. Congressman OSBORNE’s Men- possesses by simple right of being. This Secretary Rumsfeld is determined not to global coalition understands that to send troops, but to argue structure. ‘‘Oper- toring for Success Act is for these kids. ation Meatgrinder’’ continues. It can make a big difference for so protect each human person and to Apparently, the game plan is to give 200,000 many young people and it can change build sustainable and free societies, hungry Iraqis a uniform, a square meal, and these kids’ lives and brighten their fu- this dignity must be extended to each then announce we have security and leave. ture. member of the human family, uncondi- We’ll end up with exactly what Secretary It is appropriate that Congressman tionally, from the moment of concep- Rumsfeld said we wouldn’t have—a Shiite de- OSBORNE receive this award just before tion until natural death. mocracy, or another Iran. And, of course, a Thanksgiving because his programs In the last 4 years, this coalition of lot more terrorism. young people has had extraordinary For the first time in history, this adminis- have given so many young people a friend and a brighter future to be success. Their membership continues tration, this Congress, will not pay for the to grow. They have participated at war. And for the Guardsmen we are sending thankful for. Congratulations to Con- major United Nations conferences. this time, Washington hopes they don’t get gressman OSBORNE and thank you for killed so that they can hurry back and be your continuing commitment to men- They have spoken to the General As- given the bill. We are not going to pay for it; toring. sembly and to individual states, and we need a tax cut. they have helped to determine the out- We should have listened to former Presi- f comes of documents and resolutions. dent ‘‘Papa’’ Bush, who wrote in A World ADDITIONAL STATEMENTS This group of young people has transformed, ‘‘we should not march into trained over 10,000 young people on the Baghdad... turning the whole Arab world importance of the international insti- against us . . . assigning young soldiers... WORLD YOUTH ALLIANCE tutions and the relationship that these to fight in what would be an unwinnable institutions have on their lives. They urban guerrilla war.’’ ∑ Mr. BROWNBACK. Mr. President, at a time when the global community’s have initiated projects together: f attention is focused on rebuilding Iraq projects to build community centers in RECOGNITION OF THE HONORABLE and the relations that states have to Nigeria for young people who are strug- TOM OSBORNE one another, I would like to commend gling to build up their communities Mr. NELSON of Nebraska. Mr. Presi- the World Youth Alliance, which offers and combat HIV/AIDS; projects to edu- dent, I rise today to congratulate my itself as a way forward to address some cate and rebuild schools in Tanzania, friend and colleague from Nebraska, of the critical questions with which we South Africa and Mexico; projects with street children in Latin America; Congressman TOM OSBORNE, on his are faced. dedicated work for mentoring pro- Working with over 1 million young projects with art and beauty to re- grams that has earned him a place in people from over 100 countries around awaken the transcendent among all of the Hall of Fame for Caring Americans. the world, these young people have had their generation and ours. Most recently the World Youth Alli- Congressman OSBORNE has been a constant presence at the United Na- ance has worked with a coalition of awarded this honor by the Caring Insti- tions and other international institu- states at the United Nations, including tute for his commitment and under- tions for the last 4 years. Their mem- the United States, on the draft discus- standing of the positive influence that bership consists of young people of di- sions to prepare for an international mentors can have on a child’s life. In verse faiths—Christian, Jewish, Mus- treaty on human cloning. At the first lim, and other—and young people of no 1991, while he was still head coach of discussion on cloning, the United the Nebraska football team and I was faith. Their binding commitment is to States quoted from the World Youth the Governor of Nebraska, TOM work for the promotion of the dignity Alliance in their statement to the Gen- OSBORNE and his wife Nancy started a of the person at the international level eral Assembly. Recognizing a shared program called TeamMates. This pro- and in each of their countries and com- commitment to protecting the dignity gram paired middle school students munities around the world. of each and every person, the state- with university football players to give The World Youth Alliance under- ment read: ‘‘[this resolution] also re- young people someone who could talk stands that building sustainable, free sponds to a call by over one million with them, help them set goals, and re- and just societies can only be accom- youth from all continents. They are inforce basic skills, attitudes, and plished when the human person is rec- members of the World Youth Alliance, other lessons of life. The program was ognized and placed at the center of all who believe that only a total, com- a success and it soon expanded state- policy, programs, and culture. In doing prehensive ban on human cloning wide. this, they are reaching out to each would protect and respect the dignity TOM OSBORNE, the football coach, be- other and to the world to impact the of all human beings. They respectfully came Congressman TOM OSBORNE in policy and culture that is being created asked the Ad Hoc Committee to work 2000, the same year I joined the Senate, around them. towards a complete ban. To the youth, and it has been a pleasure to work with The dignity of the person, according the future world leaders, we hope that him on several mentoring projects. His to the World Youth Alliance, is intrin- the Sixth Committee will be able to Mentoring for Success Act authorized sic and inviolable. The dignity of the say—we heard you!’’ $50 million in new competitive grant person is the basis for all human As the World Youth Alliance con- awards to local school districts and rights. In this, they place themselves tinues to grow and expand their work community based organizations to fund directly in the heart of the Universal in Latin America, Africa, Asia and Eu- mentoring initiatives. He also led the Declaration of Human Rights, and the rope, let us wish them the same kind of way in designating January ‘‘National great human rights history that has continued growth and success. Their Mentoring Month.’’ He continues to particularly grown after the tragedy of work to train young people to engage work to fund these valuable programs. World War II. at the international level, connecting a I am glad to see that the Caring In- The World Youth Alliance recognizes generation together in the promotion stitute has chosen to honor Congress- that each individual, no matter how of the dignity of the person and human man OSBORNE’s efforts to make men- vulnerable, must be protected by the rights, is precisely what the world toring a priority in the United States. state. Otherwise, the state finds itself needs. I look forward to seeing many of The environment in which many kids in the terrifying position of deciding them as the future world leaders, a role today are raised looks nothing like the the worth of a human being and in which they have already found one in which I grew up. Today, close to objectifying the human person. At such themselves, demonstrating remarkable 50 percent of all children are raised in a point, the freedom and justice of the integrity, vision and capability. Our single-parent households. In most state are called into question. The work will be well served when it in- cases, single parents work long hours; World Youth Alliance then reminds the spires this kind of response and com- their energy and resources are global community that the person can mitment from the world’s youth.∑

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.074 S18PT1 S15056 CONGRESSIONAL RECORD — SENATE November 18, 2003 RECOGNITION OF DR. G. TIMOTHY houses new classrooms, science labs by the Council for Advancement and KAVEL’S RETIREMENT and a computer lab. This renovation Support of Education and the Carnegie ∑ Mr. CARPER. Mr. President, I rise serves as a testament to Tim’s commit- Foundation for the Advancement of today in recognition of Dr. G. Timothy ment to bring the college into the in- Teaching, acknowledges outstanding Kavel upon his retirement as vice formation age. professors for their excellence in teach- president of Delaware Technical & Tim also has a passion for maintain- ing and their commitment to students. Community College and Campus Direc- ing the grounds of the campus. He has Dr. Gavin has been a professor of tor of the Jack F. Owens Campus in helped raised private funds for the en- English as a Second Language, ESL, Georgetown, DE, serving all of Sussex hancement of the grounds, a new en- and French at Burlington County Col- County. His leadership over the years trance to the college, and outdoor fur- lege since 1971. She has worked tire- has won him the respect of faculty and niture. His passion for keeping the lessly to develop supportive infrastruc- students alike, along with the grati- campus clean has spread to faculty and tures in which her students can learn tude of our entire State. He has been, students alike. Campus pride is so and thrive. As a professor of ESL and and remains, a trusted friend. abundant that students and faculty the ESL program coordinator, Dr. Delaware Technical and Community will pick up trash voluntarily off the Gavin uses innovative strategies to en- College was created in 1966 when the ground in an effort to keep the campus gage her students and help them reach Delaware General Assembly approved clean. their full potential. For example, the House Bill 529. The Southern Campus, Tim’s 38 years of experience as an ed- TNT Tutoring Team is an idea that Dr. near Georgetown, opened in September ucator includes teaching at both sec- Gavin developed to match her ESL stu- 1967 with 367 enrolled students. The ondary and postsecondary school lev- dents with retired professionals from name was changed to the Jack F. els, counseling, fund raising, personnel an adult living community. Exposure Owens Campus in May, 1995. Today, the and a wide variety of management ac- to the English language is just the be- college has four campuses, the Owens tivities. He has also consulted with ginning of the program. Through writ- Campus, the Terry Campus in Dover, other nations who are developing com- ing journals and discussions of current and two northern locations, in Stanton munity colleges, offering them his per- issues, the students gain a cross- and Wilmington. In 1999, Delaware spective, and has participated in generational perspective that enhances Technical and Community College was projects in Panama, Peru, Guatemala, their cultural experience. The edu- named the Community College of the Taiwan, Saudi Arabia, Mexico and In- cation the students gain is not one that Year by the National Alliance of Busi- donesia. can be found in any classroom or text- ness. Tim has also been an active member book—the interactions between the In his position as vice president, Tim of the community beyond his role at senior citizens and the students offer has contributed to the overall policy- Delaware Technical and Community knowledge that will not only help stu- making, planning and development of College. He has served as president and dents succeed in passing a test but suc- the college system. As director of the board member of various community ceed in life. Owens Campus, he assumed the respon- and civic organizations, including Chil- Dr. Gavin is also the principal fac- sibility of the total campus operation dren and Families First, Partners of ulty advisor of the Phi Theta Kappa on a day-to-day basis. During his time the Americans—Delaware Chapter, Honor Society. In order to strengthen at Delaware Technical and Community Kiwanis Club, Sussex Tech School Dis- the resources available to her students, College, he has made many improve- trict, Western Boys & Girls Club, Dr. Gavin assembled 17 new and cur- ments to the campus, student and fac- Seaford School District, and Morning rent faculty members to join her in ulty life and school programs. The col- Star Publications. mentoring the students. Her efforts lege houses the Carter Partnership Tim has been married to his high have succeeded in enriching the pro- Center, where several other postsec- school sweetheart, Deanna, for 40 grams available to the members of Phi ondary institutions, including the Uni- years. The two met when Deanna was Theta Kappa by offering a diverse versity of Delaware, Wilmington Col- in 10th grade and Tim was in 11th group of advisors who bring knowledge lege and Delaware State University, grade. They began dating, and the rest and experience from a variety of dis- utilize the classrooms for their own is history. The Kavel’s only child ciplines. Again, Dr. Gavin’s creative bachelor’s, master’s and doctorate Christopher and his wife Rebecca have ideas have positively impacted the classes. a 3-year-old daughter, Jenna. Tim is a lives of her students. Another of Tim’s major contribu- loving husband, father and grand- Along with the 2003 New Jersey Pro- tions to the Owens Campus has been father, who enjoys spending time with fessor of the Year award, Dr. Gavin has improving the campus. He has helped his family, golfing, and reading nonfic- been the recipient of several honors in- expand and beautify the physical plan tion. He and his wife also have a home cluding the Lindbach Foundation of the college. Through Tim’s leader- in St. Simon, GA, where they like to Award for Teaching Excellence, South ship, the new Student Services Center spend time vacationing and relaxing. Jersey Literacy Award for ESL Pro- was built to be a consolidated services Through Tim’s tireless efforts, he has gram Teaching and various grants, in- center for students. It houses various made a profound difference in the lives cluding a Presidential grant to work service facilities, including a dining of thousands of students and enhanced with Fort Dix Kosovar refugees. hall, meeting places for student activi- the quality of life for an entire State. In a Nation where higher education is ties, financial aid offices, and coun- Upon his retirement, he will leave be- vital to an individual’s success, I ap- selors’ offices. This center is a fitting hind a legacy of commitment to public plaud the hard work, energy, and ex- tribute to Tim’s focus on students. service for both his children and grand- pertise of our Nation’s professors. Dr. Tim has also aided in upgrading and children and for the generations that Carole Gavin’s successful career as a renovating various buildings on the will follow. I thank him for the friend- teacher, mentor and innovator is an in- Owens campus, including the Jason ship that we share, and I congratulate spiration to us all and I am proud to Technology Center, which is currently him on a truly remarkable and distin- acknowledge her as New Jersey’s Pro- undergoing a complete refurbishment. guished career. I wish him and his fam- fessor of the Year.∑ This center, considered the birthplace ily only the very best in all that lies of Delaware Technical and Community ahead for each of them.∑ f College, was built in the 1940s. It origi- f nally was a high school for Black stu- TECHLINK—MONTANA STATE dents, and later became the start of the 2003 NEW JERSEY PROFESSOR OF UNIVERSITY Community College. Tim made a case THE YEAR ∑ Mr. BURNS. Mr. President, today I for the need of a new classroom facil- ∑ Mr. CORZINE. Mr. President, it is commend TechLink, a technology ity, and after 8 years of construction, my honor and pleasure to recognize Dr. transfer center at Montana State Uni- the final wing of this building will be Carole A Gavin, recipient of the 2003 versity, for its outstanding achieve- completed by the end of this fiscal New Jersey Professor of the Year ments. TechLink has been highly suc- year. The new, state-of-the-art center Award. This award, which is sponsored cessful at helping both the Department

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.098 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15057 of Defense and NASA to develop, trans- Laundering Strategy, prepared by my discrepancies involving the Mt. Trial Primi- fer, and commercialize new technology Administration. tive Baptist Church of Wakulla County, in partnership with industry. GEORGE W. BUSH. Florida, and for other purposes; and H.R. 3353. An act to designate the facility THE WHITE HOUSE, November 18, 2003. Congress first appropriated funds in of the United States Postal Service located 1996 to establish TechLink as a pilot f at 525 Main Street in Tarboro, North Caro- program. Since then, this program has MESSAGES FROM THE HOUSE lina, as the ‘‘George Henry White Post Office exceeded all expectations. TechLink Building’’. has established more than 250 partner- At 2:15 p.m., a message from the The message further announced that ships between Federal laboratories and House of Representatives, delivered by the House has agreed to the following the private sector, including tech- Ms. Niland, one of its reading clerks, concurrent resolution, in which it re- nology licensing agreements, coopera- announced that the House has passed quests the concurrence of the Senate: the following bills and joint resolu- tive R&D agreements, and contracts to H. Con. Res 299. Concurrent resolution hon- small businesses for new technology tions, without amendment: oring Mr. Sargent Shriver for his dedication development. These partnerships in- S. 1066. An act to correct a technical error and service to the United States of America, volve more than 50 different Federal from Unit T–07 of the John H. Chafee Coastal for his service in the United States Navy, research centers—including over 40 De- Barrier Resources System; and for his lifetime fo work as an ambas- S. 1590. An act to redesignate the facility sador for the poor and powerless citizens of partment of Defense labs and all 10 of the United States Postal Service, located NASA centers. TechLink has played a the United States of Ameirca, and for other at 315 Empire Boulevard in Crown Heights, purposes. key role in linking the high-tech sector Brooklyn, New York as the ‘‘James E. Davis in the Northwestern United States Post Office Building’’; At 5:16 p.m., a message from the with Federal laboratories nationwide. S.J. Res. 18. Joint resolution commending House of Representatives, delivered by It has assisted more than 150 compa- the Inspectors General for their efforts to Mr. Hays, one of its reading clerks, an- nies throughout the Northwest. prevent and detect waste, fraud, abuse, and nounced that the House agree to the Beginning this last October, mismanagement, and to promote economy, efficiency, and effectiveness in the Federal report of the committee of conference TechLink became a permanent part of Government during the past 25 years; and on the disagreeing votes of the two the Department of Defense’s tech- S.J. Res. 22. Joint resolution recognizing Houses on the amendment of the Sen- nology transfer, transition, and acqui- the Agricultural Research Service of the De- ate to the bill (H.R. 6) to enhance en- sition activities. It is the only Depart- partment of Agriculture for 50 years of out- ergy conservation and research and de- ment of Defense-wide technology trans- standing service to the Nation through agri- velopment, to provide for security and fer center serving the Army, Navy, Air cultural research. diversity in the energy supply for the Force, and various defense agencies. The message also announced that the American people, and for other pur- TechLink accounts for approximately House has passed the following bills, in poses. one-fourth of all Department of De- which it requests the concurrence of The message also announced that the fense technology licensing agreements the Senate: House agree to the report of the com- nationwide. It is playing a key role in H.R. 1367. An act to authorize the Sec- mittee of conference on the disagreeing transitioning innovative technology retary of Agriculture to conduct a loan re- votes of the two Houses on the amend- from Department of Defense labs and payment program regarding the provision of ment of the Senate to the bill (H.R. the private sector into commercial veterinary services in shortage situations, 2754) making appropriations for energy products that not only support our Na- and for other purposes; and water development for the fiscal H.R. 1648. An act to authorize the Sec- tion’s military and homeland security, retary of the Interior to convey certain year ending September 30, 2004, and for but also contribute to national eco- water distribution systems of the Cachuma other purposes. nomic competitiveness and prosperity. Project, California, to the Carpinteria Valley TechLink provides an outstanding re- Water District and the Montecito Water Dis- At 7:17 p.m., a message from the turn on investment. Partnerships that trict; House of Representatives, delivered by TechLink has established with indus- H.R. 1732. An act to amend the Reclama- Ms. Niland, one of its reading clerks, try are returning revenues and in-kind tion Wastewater and Groundwater Study and announced that the House disagree to contributions to Department of De- Facilities Act to authorize the Secretary of the amendment of the Senate to the the Interior to participate in the Williamson fense labs worth more than three times bill (H.R. 2417) to authorize appropria- County, Texas, Water Recycling and Reuse tions for fiscal year 2004 for intel- the Federal funds expended to support Project, and for other purposes; TechLink’s activities. H.R. 2304. An act to resolve boundary con- ligence and intelligence-related activi- As a result of its many innovations flicts in the vicinity of the Mark Twain Na- ties of the United States Government, and achievements, the U.S. Depart- tional Forest in Barry and Stone Counties, the Community Management Account, ment of Commerce recently recognized Missouri, that resulted from private land- and the Central Intelligence Agency TechLink as one of 10 ‘‘exemplary mod- owner reliance on a subsequent Federal sur- Retirement and Disability System, and els’’ nationwide of Federal technology vey, and for other purposes; for other purposes, and agree to the H.R. 3157. An act to provide for the des- transfer. I am proud to have played a conference asked by the Senate on the ignation of a department of Agriculture dis- disagreeing votes of the two Houses key role in establishing TechLink, and aster liaison to assist State and local em- wish this center the best in the years ployees of the Department in coordination thereon; and appoints the following to come.∑ with other disaster agencies in response to a members as the managers of the con- ference on the part of the House: f federally declared disaster area as a result of a disaster. From the Permanent Select Com- MESSAGES FROM THE PRESIDENT H.R. 3185. An act to designate the facility mittee on Intelligence, for consider- of the United States Postal Service located ation of the House bill and the Senate at 38 Spring Street in Nashua, New Hamp- amendment, and modifications com- 2003 NATIONAL MONEY shire, as the ‘‘Hugh Gregg Post Office Build- mitted to conference: Mr. GOSS, Mr. LAUNDERING STRATEGY—PM 57 ing’’; H.R. 3198. An act to amend the John F. BEREUTER, Mr. BOEHLERT, Mr. GIBBONS, The Presiding Officer laid before the Kennedy Center Act to authorize appropria- Mr. LAHOOD, Mr. CUNNINGHAM, Mr. Senate the following message from the tions for the John F. Kennedy Center for the HOEKSTRA, Mr. BURR, Mr. EVERETT, Mr. President of the United States, to- Performing Arts, and for other purposes; GALLEGLY, Mr. COLLINS, Ms. HARMAN, gether with an accompanying report; H.R. 3209. An act to amend the Reclama- Mr. HASTINGS of Florida, Mr. REYES, which was referred to the Committee tion Project Authorization Act of 1972 to Mr. BOSWELL, Mr. PETERSON of Min- on the Judiciary: clarify the acreage for which the North Loup nesota, Mr. CRAMER, Ms. ESHOO, Mr. division is authorized to provide irrigation To the Congress of the United States: HOLT, and Mr. RUPPERSBERGER. Consistent with section 29(a) of the water under the Missouri River Basin From the Committee on Armed Serv- project; Money Laundering and Financial H.R. 3217. An act to provide for the convey- ices, for consideration of defense tac- Crimes Strategy Act of 1998 (Public ance of several small parcels of National tical intelligence and related activi- Law 105–310; 31 U.S.C. 5341(a)(2)), en- Forest System land in the Apalachicola Na- ties: Mr. HUNTER, Mr. WELDON of Penn- closed is the 2003 National Money tional Forest, Florida, to resolve boundary sylvania, and Mr. SKELTON.

VerDate jul 14 2003 04:04 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.099 S18PT1 S15058 CONGRESSIONAL RECORD — SENATE November 18, 2003 The message also announced that the H. Con. Res. 299. Concurrent resolution demoralizing. Forcing added sacrifices, espe- House disagree to the amendment of honoring Mr. Sargent Shriver for his dedica- cially on the families at home, is inappro- the Senate to the bill (H.R. 2673) mak- tion and service to the United States of priate: Now, therefore, be it ing appropriations for Agriculture, America, for his service in the United States Resolved by the house of representatives, Navy, and for his lifetime of work as an am- That we memorialize the Congress of the Rural Development, Food and Drug Ad- bassador for the poor and powerless citizens United states to maintain the current immi- ministration, and for other purposes, of the United States of America, and for nent danger pay and family separation al- and agree to the conference asked by other purposes; to the Committee on the Ju- lowances for members of the military in the Senate on the disagreeing votes of diciary. combat zones; and be it further the two Houses theron; and appoints Resolved, That copies of this resolution be f the following members as the managers transmitted to the President of the United of the conference on the part of the MEASURES PLACED ON THE States Senate, the Speaker of the United States House of Representatives, and the House: Mr. YOUNG of Florida, Mr. REG- CALENDAR—NOVEMBER 17, 2003 members of the Michigan congressional dele- ULA, Mr. LEWIS of California, Mr. WOLF, The following bills were read the sec- gation. Mr. WALSH, Mr. HOBSON, Mr. BONILLA, ond time, and placed on the calendar: Mr. KINGSTON, Mr. FRELINGHUYSEN, Mr. S. 1862. A bill to provide certain exceptions POM–316. A resolution adopted by the Gen- NETHERCUTT, Mr. LATHAM, Mr. GOODE, from requirements for bilateral agreements eral Assembly of the State of New Jersey rel- Mr. LAHOOD, Mr. OBEY, Mr. MURTHA, with Australia and the United Kingdom for ative to the New Jersey National Guard; to Mr. MOLLOHAN, Ms. KAPTUR, Mr. exemptions from the International Traffic in the Committee on Armed Services. SERRANO, Ms. DELAURO, Mr. HINCHEY, Arms Regulations. ASSEMBLY RESOLUTION NO. 254 Mr. FARR of California, Mr. BOYD, and S. 1863. A bill to authorize the transfer of Whereas, the Department of Military and Mr. FATTAH. certain naval vessels. Veterans’ Affairs supports Homeland Secu- S. 1864. A bill to enhance the security of f rity in this State by preparing the New Jer- the United States and United States allies. sey National Guard and providing specialized MEASURES REFERRED S. 1865. A bill to enhance the security of teams and training to emergency first re- The following bills were read the first the United States and United States allies. sponders; and and the second times by unanimous S. 1866. A bill to enhance the security of Whereas, there are more than 1,700 New the United States and United States allies. consent, and referred as indicated: Jersey National Guard troops on State and f federal active duty involved in Homeland Se- H.R. 1367. An act to authorize the Sec- curity and Homeland Defense missions; and retary of Agriculture to conduct a loan re- MEASURES PLACED ON THE Whereas, the New Jersey Army National payment program regarding the provision of CALENDAR Guard provides mobilized combat ready mili- veterinary services in shortage situations, tary units for deployment in State and na- and for other purposes; to the Committee on The following bill was read the sec- tional activations; and Agriculture, Nutrition, and Forestry. ond time, and placed on the calendar: Whereas, the New Jersey Army National H.R. 1648. An act to authorize the Sec- Guard provides combat-ready airmen, air- retary of the Interior to convey certain S. 1875. A bill to amend the Employee Re- craft and equipment for world wide deploy- water distribution systems of the Cachuma tirement Income Security Act of 1974, the Project, California, to the Carpinteria Valley Public Health Service Act, and the Internal ment in support of United States Air Force Water District and the Montecito Water Dis- Revenue Code of 1986 to extend the mental objectives; and trict; to the Committee on Energy and Nat- health benefits parity provisions for an addi- Whereas, the department is responsible for ural Resources. tional year. training and equipping domestic emergency H.R. 1732. An act to amend the Reclama- The following bills were read the first response teams in support of New Jersey’s tion Wastewater and Groundwater Study and Homeland Security program; and and second times by unanimous con- Whereas, the federal government has failed Facilities Act to authorize the Secretary of sent, and placed on the calendar: the Interior to participate in the Williamson to establish a Civil Support Team in this County, Texas, Water Recycling and Reuse H.R. 3185. An act to designate the facility State; and Project, and for other purposes; to the Com- of the United States Postal Service located Whereas, the United States Congress is re- mittee on Energy and Natural Resources. at 38 Spring Street in Nashua, NH, as the sponsible for appropriating funds to the New H.R. 2304. An act to resolve boundary con- ‘‘Hugh Gregg Post Office Building.’’ Jersey National Guard for the procurement flicts in the vicinity of the Mark Twain Na- H.R. 3198. An act to amend the John F. of critical resources to be deployed in the ef- tional Forest in Barry and Stone Counties, Kennedy Center Act to authorize appropria- fective execution of all assigned missions; Missouri, that resulted from private land- tions for the John F. Kennedy Center for the and owner reliance on a subsequent Federal sur- Performing Arts, and for other purposes. Whereas, it is necessary to provide critical vey, and for other purposes; to the Com- funding and equipment to the New Jersey f mittee on Energy and Natural Resources. National Guard: Now, therefore, be it H.R. 3157. An act to provide for the des- PETITIONS AND MEMORIALS Resolved by the General Assembly of the State ignation of a Department of Agriculture dis- of New Jersey: aster liaison to assist State and local em- The following petitions and memo- 1. This House calls upon the United States ployees of the Department in coordination rials were laid before the Senate and Congress to provide funding and equipment with other disaster agencies in response to a where referred or ordered to lie on the to the New Jersey National Guard to support federally declared disaster area as a result of table as indicated: the Guard in the execution of all assigned a disaster, to the Committee on Agriculture, missions. POM¥315. A resolution adopted by the Nutrition, and Forestry. 2. This House urges the United States Con- House of Representatives of the Legislature H.R. 3209. An act to amend the Reclama- gress to appropriate sufficient funds to the of the State of Michigan relative to danger tion Project Authorization Act of 1972 to New Jersey Army National Guard to procure pay and family separation allowances for clarify the acreage for which the North Loup 464 High Mobility Multi-Purpose Vehicles to members of the military in combat zones; to division is authorized to provide irrigation meet its authorized strength; continue the the Committee on Armed Services. water under the Missouri River Basin replacement of its helicopter fleet with UH– project; to the Committee on Energy and HOUSE RESOLUTION NO. 130 60 Black Hawk Helicopters; accelerate the Natural Resources. Whereas, at this moment, our troops serv- procurement of AH–64 Apache Helicopters; H.R. 3217. an act to provide for the convey- ing in harm’s way are facing some of the replace the M113 Armored Personnel Carrier ance of several small parcels of National most trying situations; and with Bradley Fighting Vehicles, and provide Forest System land in the Apalachicola Na- Whereas, with the end of the fiscal year on the armor division with deployable M1A1 tional Forest, Florida, to resolve boundary September 30, supplemental pay increases tanks. discrepancies involving the Mt. Trial Primi- approved for serving in combat zones expire 3. This House requests the United States tive Baptist Church of Wakulla County, without action by Congress to extend this as Congress to appropriate sufficient funds to Florida, and for other purposes; to the Com- part of defense appropriations. Rates of im- the New Jersey Air National Guard for the mittee on Agriculture, Nutrition, and For- minent danger pay and family separation al- procurement of new Block 50/52/plus aircraft estry. lowances had been raised by $75 and $150 re- and for the upgrading of KC–135E refueling H.R. 3353. An act to designate the facility spectively, effective October 2002. Rates for airframes. of the United States Postal Service located imminent danger pay and family separation 4. This House further calls upon the United at 525 Main Street in Tarboro, NC, as the allowances are scheduled to return to the States Congress to establish and fully fund a ‘‘George Henry White Post Office Building’’; prior levels on October 1, 2003; and Civil Support team in the State of New Jer- to the Committee on Governmental Affairs. Whereas, the effects of a pay reduction on sey and to provide more and better protec- The following concurrent resolution the brave men and women representing us in tive clothing for team members and body was read, and referred as indicated: the war on terror and their families could be armor for counter terrorism missions and to

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.082 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15059 appropriate capital construction funds for treated fairly regarding their benefits and Whereas, in the days since flights have critical military construction projects, in- retirement pay; and been able to resume, cancellation of reserva- cluding the construction of a dedicated site Whereas, the current law which withholds tions has ranged between 20% and 40%, re- for the arming and dearming of F–16 aircraft retirement pay until age 60 does not provide sulting in additional lost revenues to these at the Atlantic City Air Base, the construc- fair and actuarially realistic treatment: companies, canceled flights and huge layoffs tion of the Consolidated Logistics and Train- Now, therefore, be it estimated at more than 100,000 employees; ing Facility at the Lakehurst Naval Engi- Resolved, That the House of Representa- and neering Station; and security enhancements tives of the Commonwealth of Pennsylvania Whereas, US Airways, a major airline com- at the McGuire Air Force Base. memorialize the Congress to pass H.R. 742; pany in the Commonwealth of Pennsylvania, 5. Duty authenticated copies of this resolu- and be it further has announced that layoffs of approximately tion, signed by the Speaker of the General Resolved, That copies of this resolution be 20,000 of its employees have become nec- Assembly and attested by the Clerk thereof, transmitted to the President of the United essary; and shall be transmitted to the Vice President of States, the presiding officers of each house of Whereas, in the Pittsburgh region alone the United States, the Speaker of the United Congress and to each member of Congress approximately 11,700 residents are employees States House of Representatives, and to from Pennsylvania. of US Airways; and every member of Congress elected from this Whereas, financially necessitated layoffs of POM–319. A resolution adopted by the Sen- State. airline employees in the numbers projected ate of the Legislature of the State of Michi- will have a profound impact on the national gan relative to traffic stoppages at railroad POM–317. A resolution adopted by the Gen- and State economies and on national secu- eral Assembly of the State of New Jersey rel- crossings; to the Committee on Commerce, Science, and Transportation. rity and should be prevented; and ative to differential salary reimbursement Whereas, the health of the airline industry for activated Reserve and National Guard SENATE RESOLUTION NO. 134 impacts so directly on our economic health members; to the Committee on Armed Serv- Whereas, local communities have long and our national security that Federal and ices. tried to address the issue of minimizing traf- State financial assistance is desirable and ASSEMBLY RESOLUTION NO. 283 fic stoppages caused by trains traveling imperative: Now, therefore, be it Whereas, since September 11, 2001, tens of within their municipal borders. Slow trains Resolved, That the House of Representa- thousands of National Guard and Reserve moving through a community bring traffic tives of the Commonwealth of Pennsylvania members have been activated in the war to a standstill. Even worse, trains may some- memorialize the Congress of the United against terrorism and in the conflict with times stop completely, bringing an entire States to pass and the President of the Iraq; and city to a halt and backing up road traffic for United States to enact legislation to provide Whereas, to alleviate financial hardship for blocks in all directions. Commuters, shop- the necessary financial resources to commer- their activated employees, many states, pers, and even emergency vehicles can be cial airline companies headquartered in the counties and municipalities have generously trapped on the one side of a railroad track, United States and their employees and trad- opted to pay activated Reserve and National unable to reach the other side for long peri- ed on a national stock exchange; and be it Guard members the difference between their ods of time; and further regular salary and their military pay; and Whereas, the State Legislature provided Resolved, That this Legislature and our Whereas, however, in these difficult eco- local governments with the means to regu- Governor likewise promptly pass and enact a nomic times, many states, counties and mu- late the length of time that trains may per- financial package to provide assistance to nicipalities are themselves suffering sub- missibly halt vehicle traffic. The authority those national airline companies who do stantial budget deficits; and to levy fines on train companies that block business in the Commonwealth; and be it fur- Whereas, such a differential pay policy is traffic for too long held the promise of com- ther helpful in recruiting and retaining Reserve pelling railroad companies to work with Resolved, That copies of this resolution be and National Guard members; and local governments to minimize the disrup- transmitted to the President of the United Whereas, given the crucial role Reserve tion to lives and commerce that had become States, to members of the Pennsylvania del- and National Guard forces play in this na- routine. Unfortunately, the courts have egation of Congress, to the Governor of tion’s security, it is incumbent upon the fed- struck down this state law, arguing that Pennsylvania and to the President pro tem- eral government to assist state and local only the federal government may regulate pore of the Senate of Pennsylvania. government employers in their efforts to al- the speed and length of trains operating in leviate hardship on these soldiers, sailors the interstate commerce; and POM–321. A resolution adopted by the Sen- and aviators when they are activated: Now, Whereas, with local and state options to ate of the Legislature of the State of Michi- therefore be it resolve this local problem foreclosed, it is gan relative to funding for home heating as- Resolved by the General Assembly of the State imperative that the United States Congress sistance; to the Committee on Energy and of New Jersey: exercise its authority to compel a reasonable Natural Resources. 1. This House calls upon the President and solution at the federal level. Without Con- Congress of the United States to pass and gressional attention, railroad companies will SENATE RESOLUTION NO. 162 enact legislation reimbursing state, county continue to ignore the concerns of local gov- Whereas, for a variety of reasons, natural and municipal governments for differential ernments, businesses, and citizens who must gas prices have risen significantly over the salary payments made to members of Re- cope with unreasonable traffic stoppages: past year. These reasons include increasing serve and National Guard units activated in Now, therefore be it demand for natural gas and declining produc- response to the September 11, 2001 terrorist Resolved by the senate, That we memorialize tion in both the United States and Canada. attacks and the Iraq conflict. the United States Congress to address the While this increase in cost has already ex- 2. Duly authenticated copies of this resolu- issue of traffic stoppages at railroad cross- acted a toll in many areas of our national tion, signed by the Speaker of the General ings; and be it further economy, the full impact has yet to be felt. Assembly and attested by the Clerk thereof, Resolved, That copies of this resolution be This winter, when seasonal demand reaches shall be transmitted to the President of the transmitted to the President of the United its peak, costs are expected to strike a ter- United States, the President of the United States, the President of the United States rible blow to people who have had difficulties States Senate, the Speaker of the Unite Senate, the United States Senate Majority paying their home heating bills even before States House of Representatives and every Leader, the Speaker of the United States the recent increase in prices; and member of Congress elected from this State. House of Representatives, and the members Whereas, for many years, utilities and of the Michigan congressional delegation. their customers have supplemented govern- POM 318. A resolution adopted by the mental programs through various heating House of Representatives of the General As- POM–320. A resolution adopted by the assistance initiatives. However, public and sembly of the Commonwealth of Pennsyl- House of Representatives of the General As- private programs offering help to low-income vania relative to the age for receipt of mili- sembly of the Commonwealth of Pennsyl- families trying to heat their residences are tary retired pay for nonregular service; to vania relative to providing financial assist- already stretched thin. This winter’s situa- the Committee on Armed Services. ance to commercial airline companies; to the tion is expected to bring a crisis to many HOUSE RESOLUTION NO. 271 Committee on Commerce, Science, and people, including the low-income seniors who Whereas, H.R. 742 has been introduced by Transportation. will almost surely face difficult choices; and Representative Jim Saxton to reduce the age HOUSE RESOLUTION NO. 331 Whereas, with summer prices of natural for receipt of military retired pay for non- Whereas, airline companies of this nation gas at near record highs, Michigan’s Public regular service from 60 to 55; and were required by the Federal Government to Service Commission has warned that home- Whereas, more and more military readi- suspend operations for four days, September owners could expect increases of $30 a month ness and service are being contributed by 11 through 14, 2001, for reasons of national se- or more if the winter is severely cold. Gas Guard and Reserve service personnel, vis-a- curity; and companies in Michigan and across the coun- vis Persian Gulf, Kosovo, Afghanistan and Whereas, the aggregate estimates of daily try are urging their customers to take steps Iraq; and lost revenues suffered by these companies to prepare for the winter’s costs, including Whereas, equity would indicate that Guard during that four-day period range from $250 weatherization and budgeting. Another key and Reserve service personnel should be million to $500 million; and part of dealing with this problem will be for

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.110 S18PT1 S15060 CONGRESSIONAL RECORD — SENATE November 18, 2003 Congress to significantly increase funding gan relative to foreign municipal solid safety risks if placed in disposal facilities; available to help state programs for low-in- waste; to the Committee on Environment and come residents; and and Public Works. Whereas, banning recyclable or Whereas, there are discussions under way SENATE RESOLUTION NO. 12 compostable items from our disposal facili- in Congress over proposals to address this Whereas, Michigan has long been frus- ties protects public health and the environ- issue, including increasing the authorization trated in efforts to regulate solid waste im- ment by prolonging the life of a landfill and funding level for the Low-Income Home En- ported into our state. Our state is especially minimizes the need for additional landfills, ergy Assistance Program to at least $3 bil- concerned about waste that is brought here saving land resources and the other inherent lion. Clearly, such actions to bring home from Ontario. Our citizens feel strongly that risks of solid waste disposal facilities; and heating help are in order: Now, therefore, be our environment should not be placed at ad- Whereas, the reuse of recyclable materials it ditional risk from municipal solid waste and reduces energy use and related negative im- Resolved by the senate, That we memorialize other materials that are generated elsewhere pacts on our natural resources; and the President and the Congress of the United and transported here for disposal; and Whereas, the reuse of recyclable materials States to increase funding available for Whereas, the volume of waste that comes reduces the demand for virgin materials. In home heating assistance to cope with the into Michigan each year represents a signifi- some cases, the mining, collection, and proc- rise in natural gas costs expected this win- cant portion of all trash handled here. As essing of virgin materials can lead to deg- ter; and be it further much as 20 percent of all solid waste in radation of our natural resources; and Resolved, That copies of this resolution be Michigan is from out of state, and the Whereas, Michigan’s recycling rates are transmitted to the Office of President of the amount has increased significantly in recent significantly below average when compared United States, the President of the United years; and to the region or national averages; and States Senate, the Speaker of the United Whereas, Congress has authority for regu- Whereas, Michigan residents have chosen States House of Representatives, and the lating the transportation and disposal of to spend considerable time and resources on members of the Michigan congressional dele- solid waste between states and nations by diverting certain waste streams from solid gation. virtue of the United States Constitution’s waste disposal facilities such as beverage interstate commerce clause. To protect the containers, yard waste, used oil, and scrap POM–322. A resolution adopted by the health, safety, and welfare of our environ- Board of Commissioners of Ferry County of tires; and ment and citizens, Congress must take ac- Whereas, efforts to encourage people to re- the State of Washington relative to federal tion to provide states with the express lands in Ferry County, Washington; to the cycle are undermined when residents do not means to regulate or prohibit the importa- see a link between their efforts to recycle Committee on Energy and Natural Re- tion of trash. Congress has before it now a materials and the extension of the usable life sources. bill that would provide the appropriate au- of area disposal facilities; and POM–323. A resolution adopted by the Sen- thority to the states. Under H.R. 382, which Whereas, solid waste management is most ate of the Legislature of the State of Michi- has been introduced by Michigan’s Congress- effective when done on a local level where gan relative to out-of-state solid waste; to man Rogers, states could prohibit or impose program implementation is conducted: Now, the Committee on Environment and Public certain limitations on the receipt of foreign therefore, be it Works. municipal solid waste; and SENATE RESOLUTION NO. 4 Whereas, Congress is also considering H.R. Resolved by the senate, That is the sense of this legislative body that local units of gov- Whereas, in 1992, the United States Su- 411, which would direct the Administrator of ernments need to be empowered to have preme Court, in Fort Gratiot Sanitary Land- the EPA to carry out duties under the agree- greater control over solid waste management fill v. Michigan Department of Natural Re- ment with Canada on the transboundary decisions; that the county level is the opti- sources, ruled that states could not regulate movement of hazardous waste; and mal planning unit of government due to the or ban the importation of solid waste be- Whereas, hazardous waste and solid waste multi-jurisdictional nature of solid waste cause only Congress has the authority to transported between Canada and the United disposal facilities; that the state of Michigan regulate interstate commerce. Since that States are provided for in the Agreement Be- should play a larger role in ensuring that time, Michigan has become the dumping tween the Government of Canada and the products that Michigan residents have de- ground for increasing amounts of solid waste Government of the United States Concerning cided to divert from solid waste disposal fa- from outside of our state and, with large the Transboundary Movement of Hazardous cilities are not allowed in our facilities from amounts of trash from Canada, from outside Waste. It has been reported, however, that other jurisdictions; and that the state of the country; and the notification requirements and proce- Whereas, Michigan has become one of the dures set forth in the agreement have not Michigan should support local units of gov- largest recipients of improved solid waste in been followed. It is most disturbing to think ernments in their efforts to provide alter- the country. Approximately 15 percent of all that the protections provided in the agree- native disposal mechanisms for those items trash dumped in landfills in Michigan now ment between our nations are not working. banned from our solid waste disposal facili- originates elsewhere. The amounts have in- The people of this state have every right to ties; and be it further creased significantly in the past several know that all prudent measures are being Resolved, That we memorialize the Con- years, and recent reports of a major contract enforced to protect our citizens and environ- gress of the United States to enact legisla- with Ontario and of the closing of the na- ment: Now, therefore, be it tion to extend to the states more authority tion’s largest landfill in New York seem to Resolved by the senate, That we memorialize for the management of solid waste; and be it indicate this situation will only become a the Congress of the United States to enact further bigger issue in the future; and legislation to authorize states to prohibit or Resolved, That copies of this resolution be Whereas, several measures have been con- restrict foreign municipal solid waste and to transmitted to the President of the United sidered in Congress to address the issue of urge the Environmental Protection Agency States Senate, the Speaker of the United extending authority to states to regulate or to ensure full compliance with the Agree- States House of Representatives, and the ban out-of-state solid waste, including H.R. ment Between the Government of Canada members of the Michigan congressional dele- 1730; and and the Government of the United States gation. Whereas, accepting unlimited volumes of Concerning the Transboundary Movement of trash outside our state is a serious long-term Hazardous Waste; and be it further f commitment. Long after the money from the Resolved, That copies of this resolution be contract has been spent, there is a threat to transmitted to the President of the United the environment and an obligation to mon- States Senate, the Speaker of the United REPORTS OF COMMITTEES itor sites to protect water and health. Clear- States House of Representatives, the mem- bers of the Michigan congressional delega- The following reports of committees ly, any state accepting these long-term risks were submitted: should be able to regulate what comes across tion, and the Environmental Protection state lines for disposal: Now, therefore, be it Agency. By Mr. INHOFE, from the Committee on Resolved by the senate, That we memorialize Environment and Public Works, without the Congress of the United States to enact POM–325. A resolution adopted by the Sen- amendment: legislation to give states the authority to ate of the Legislature of the State of Michi- S. 616. A bill to amend the Solid Waste Dis- ban out-of-state solid waste; and be it fur- gan relative to solid waste management de- posal Act to reduce the quantity of mercury ther cisions; to the Committee on Environment in the environment by limiting the use of Resolved, That copies of this resolution be and Public Works. mercury fever thermometers and improving transmitted to the President of the United SENATE RESOLUTION NO. 167 the collection and proper management of States Senate, the Speaker of the United Whereas, landfills and incinerators pose a mercury, and for other purposes (Rept. No. States House of Representatives, and the variety of environmental risks to Michigan 108–199). members of the Michigan congressional dele- residents and our neighbors, from a potential By Ms. COLLINS, from the Committee on gation. to contaminate groundwater aquifers to the Governmental Affairs, without amendment: release of a variety of air pollutants; and S. 1561. A bill to preserve existing judge- POM 324. A resolution adopted by the Sen- Whereas, certain items, such as used oil ships on the Superior Court of the District of ate of the Legislature of the State of Michi- and batteries, increase significant health and Columbia (Rept. No. 108–200).

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.115 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15061 EXECUTIVE REPORTS OF cropland into the conservation reserve pro- S. 1888. A bill to halt Saudi support for in- COMMITTEES gram through the farmable wetlands pro- stitutions that fund, train, incite, encourage, gram; to the Committee on Agriculture, Nu- or in any other way aid and abet terrorism, The following executive reports of trition, and Forestry. and to secure full Saudi cooperation in the committees were submitted: By Mr. GRAHAM of South Carolina: investigation of terrorist incidents; to the By Mr. MCCAIN for the Committee on S. 1878. A bill to amend title II of the So- Committee on Foreign Relations. Commerce, Science, and Transportation. cial Security Act to preserve and strengthen *Louis S. Thompson, of Maryland, to be a the Social Security program through the f Member of the Reform Board (Amtrak) for a creation of personal retirement accounts SUBMISSION OF CONCURRENT AND term of five years. funded by employer and employee Social Se- SENATE RESOLUTIONS *Floyd Hall, of New Jersey, to be a Member curity payroll deductions, to restore the sol- of the Reform Board (Amtrak) for a term of vency of the old-age survivors, and disability The following concurrent resolutions five years. insurance programs, and for other purposes; and Senate resolutions were read, and *Robert L. Crandall, of Texas, to be a to the Committee on Finance. referred (or acted upon), as indicated: Member of the Reform Board (Amtrak) for a By Ms. MIKULSKI (for herself, Mr. EN- By Mr. SPECTER: term of five years. SIGN, Mrs. MURRAY, Ms. SNOWE, Mr. S. Res. 267. A resolution designating 2004 as *Jeffrey A. Rosen, of Virginia, to be Gen- DODD, Mr. KENNEDY, Mr. JEFFORDS, ‘‘The Year of Polio Awareness’’; to the Com- eral Counsel of the Department of Transpor- and Ms. CANTWELL): tation. S. 1879. A bill to amend the Public Health mittee on the Judiciary. *Kirk Van Tine, of Virginia, to be Deputy Service Act to revise and extend provisions By Mr. GRAHAM of South Carolina Secretary of Transportation. relating to mammography quality standards; (for himself, Mr. FRIST, Mr. LUGAR, *Elizabeth Courtney, of Louisiana, to be a to the Committee on Health, Education, Mr. BIDEN, Mr. MCCAIN, Mr. PRYOR, Member of the Board of Directors of the Cor- Labor, and Pensions. Mr. SANTORUM, Mr. DEWINE, Mr. KYL, poration for Public Broadcasting for a term By Mr. SARBANES (for himself, Ms. Mr. WARNER, Mr. LAUTENBERG, Mrs. expiring January 31, 2010. MIKULSKI, Mr. WARNER, Mr. ALLEN, FEINSTEIN, Mr. CORZINE, Mr. *Elizabeth Courtney, of Louisiana, to be a and Mr. SANTORUM): LIEBERMAN, Mr. CHAMBLISS, Mr. Member of the Board of Directors of the Cor- S. 1880. A bill to establish the Special Blue ALLEN, Mr. SPECTER, Mr. REED, Mr. poration for Public Broadcasting for the re- Ribbon Commission on Chesapeake Bay Nu- BURNS, Mr. KENNEDY, Mr. LEAHY, Ms. mainder of the term expiring January 31, trient Pollution Control Financing; to the LANDRIEU, Mr. COLEMAN, and Mr. 2004. Committee on Environment and Public BAUCUS): *Cheryl Feldman Halpern, of New Jersey, Works. S. Res. 268. A resolution to express the to be a Member of the Board of Directors of By Mr. ALEXANDER (for himself, Mrs. sense of the Senate regarding the deaths of the Corporation for Public Broadcasting for MURRAY, Mr. ENZI, and Mr. GREGG): 19 citizens of Italy in Iraq; considered and a term expiring January 31, 2008. S. 1881. A bill to amend the Federal Food, agreed to. *Michael D. Gallagher, of Washington, to Drug, and Cosmetic Act to make technical By Mr. BIDEN: be Assistant Secretary of Commerce for corrections relating to the amendments by S. Con. Res. 82. A concurrent resolution Communications and Information. the Medical Device User Fee and Moderniza- recognizing the importance of Ralph Bunche Mr. MCCAIN. Mr. President, for the tion Act of 2002, and for other purposes; to as one of the great leaders of the United Committee on Commerce, Science, and the Committee on Health, Education, Labor, States, the first African-American Nobel Transportation I report favorably the and Pensions. Peace Prize winner, an accomplished schol- following nomination lists which were By Mr. LAUTENBERG (for himself, ar, a distinguished diplomat, and a tireless printed in the RECORDs on the dates in- Mr. SCHUMER, Mrs. FEINSTEIN, Mr. campaigner of civil rights for people dicated, and ask unanimous consent, to CORZINE, Mr. REED, and Mrs. CLIN- throughout the world; to the Committee on save the expense of reprinting on the TON): the Judiciary. S. 1882. A bill to require that certain noti- By Mr. BIDEN: Executive Calendar that these nomina- fications occur whenever a query to the Na- S. Con. Res. 83. A concurrent resolution tions lie at the Secretary’s desk for the tional Instant Criminal Background Check promoting the establishment of a democracy information of Senators. System reveals that a person listed in the caucus within the United Nations; to the The PRESIDING OFFICER. Without Violent Gang and Terrorist Organization Committee on Foreign Relations. obligation, it is so ordered. File is attempting to purchase a firearm, and f Coast Guard nominations beginning Jef- for other purposes; to the Committee on the frey L. Busch and ending John S. Welch, Judiciary. ADDITIONAL COSPONSORS which nominations were received by the Sen- By Mr. ENZI (for himself, Mr. BINGA- S. 322 ate and appeared in the Congressional MAN, Mr. THOMAS, and Mr. CRAIG): S. 1883. A bill to amend the Public Health Record on November 3, 2003. At the request of Mr. INOUYE, the Cost Guard nominations beginning William Service Act to provide greater access for name of the Senator from Alaska (Ms. residents of frontier areas to the healthcare D. Adkins and ending Michael S. Zidik, MURKOWSKI) was added as a cosponsor which nominations were received by the Sen- services provided by community health cen- ters; to the Committee on Health, Edu- of S. 322, a bill to amend the Internal ate and appeared in the Congressional Revenue Code of 1986 to exempt certain Record on November 3, 2003. cation, Labor, and Pensions. By Mr. DASCHLE (for Mr. KERRY): sightseeing flights from taxes on air *Nomination was reported with rec- S. 1884. A bill to assure a healthy American transportation. ommendation that it be confirmed sub- manufacturing sector, and for other pur- S. 641 ject to the nominee’s commitment to poses; to the Committee on Finance. At the request of Mrs. LINCOLN, the respond to requests to appear and tes- By Mr. DASCHLE (for Mr. KERRY): name of the Senator from Minnesota tify before any duly constituted com- S. 1885. A bill to amend the Internal Rev- enue Code of 1986 to provide tax incentives (Mr. DAYTON) was added as a cosponsor mittee of the Senate. for manufacturing businesses in the United of S. 641, a bill to amend title 10, (Nominations without an asterisk States; to the Committee on Finance. were reported with the recommenda- United States Code, to support the By Mr. DASCHLE (for Mr. KERRY): Federal Excess Personal Property pro- tion that they be confirmed.) S. 1886. A bill to amend the Small Business gram of the Forest Service by making f Act and the Small Business Act of 1958 to es- tablish the National Office for the Develop- it a priority of the Department of De- INTRODUCTION OF BILLS AND ment of Small Manufacturers, to increase fense to transfer to the Forest Service JOINT RESOLUTIONS the level of assistance available for small excess personal property of the Depart- The following bills and joint resolu- manufacturers, and for other purposes; to ment of Defense that is suitable to be the Committee on Small Business and Entre- loaned to rural fire departments. tions were introduced, read the first preneurship. S. 684 and second times by unanimous con- By Mr. HATCH (for himself, Mr. LEVIN, sent, and referred as indicated: and Mr. BIDEN): At the request of Mr. SMITH, the By Mr. BENNETT: S. 1887. A bill to amend the Controlled Sub- name of the Senator from Illinois (Mr. S. 1876. A bill to authorize the Secretary of stances Act to lift the patient limitation on FITZGERALD) was added as a cosponsor the Interior to convey certain lands and fa- prescribing drug addiction treatments by of S. 684, a bill to create an office with- cilities of the Provo River Project; to the medical practitioners in group practices; to in the Department of Justice to under- the Committee on the Judiciary. Committee on Energy and Natural Resources take certain specific steps to ensure . By Mr. SPECTER (for himself, Mr. By Mr. ROBERTS: SCHUMER, Mr. GRAHAM of South Caro- that all American citizens harmed by S. 1877. A bill to amend the Food Security lina, Mr. WYDEN, Ms. COLLINS, Mr. terrorism overseas receive equal treat- Act of 1985 to improve the enrollment of GRAHAM of Florida, and Mr. BAYH): ment by the United States Government

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.086 S18PT1 S15062 CONGRESSIONAL RECORD — SENATE November 18, 2003 regardless of the terrorists’ country of able limitations on the use of surveil- land in Pleasant Grove, UT. The Provo origin or residence, and to ensure that lance and the issuance of search war- Reservoir Canal is a large, open, most- all terrorists involved in such attacks rants, and for other purposes. ly unlined, 21.5 mile long canal that are pursued, prosecuted, and punished S. 1800 was constructed by the United States with equal vigor, regardless of the ter- At the request of Mr. AKAKA, the in the 1940s. The water transported rorists’ country of origin or residence. name of the Senator from Massachu- through the Provo Reservoir Canal is S. 985 setts (Mr. KERRY) was added as a co- used principally for municipal and in- At the request of Mr. DODD, the sponsor of S. 1800, a bill to amend the dustrial purposes. The Salt Lake Aque- names of the Senator from Minnesota Higher Education Act of 1965 to en- duct is a 41.7 mile long, 69 inch diame- (Mr. COLEMAN) and the Senator from hance literacy in finance and econom- ter pipe, constructed by the United Arkansas (Mrs. LINCOLN) were added as ics, and for other purposes. States and completed in 1951. The cosponsors of S. 985, a bill to amend the S. 1813 Provo River Water Users Association Federal Law Enforcement Pay Reform At the request of Mr. LEAHY, the recently constructed a $2 million office Act of 1990 to adjust the percentage dif- name of the Senator from Florida (Mr. and shop complex on the Pleasant ferentials payable to Federal law en- NELSON) was added as a cosponsor of S. Grove property, without the use of forcement officers in certain high-cost 1813, a bill to prohibit profiteering and Federal funds. areas, and for other purposes. fraud relating to military action, re- Title transfer will facilitate the use of tax-exempt bond financing and low- S. 1209 lief, and reconstruction efforts in Iraq, interest loan financing for needed im- At the request of Mr. BENNETT, the and for other purposes. provements. Currently, there is no Rec- name of the Senator from Utah (Mr. S. 1871 lamation program for rehabilitating HATCH) was added as a cosponsor of S. At the request of Mr. HATCH, the aging Reclamation facilities. Federal 1209, a bill to provide for the acquisi- names of the Senator from Texas (Mr. ownership of the facilities to be im- tion of property in Washington County, CORNYN) and the Senator from Ohio proved prevents low interest loans by Utah, for implementation of a desert (Mr. DEWINE) were added as cosponsors others. On the Federal level, the trans- tortoise habitat conservation plan. of S. 1871, a bill to authorize salary ad- fer would eliminate the demands on justments for Justices and judges of S. 1223 limited Reclamation resources for the the United States for fiscal year 2004. At the request of Mr. BINGAMAN, the administration of the Salt Lake Aque- name of the Senator from Michigan S. CON. RES. 81 duct and the Provo Reservoir Canal. (Ms. STABENOW) was added as a cospon- At the request of Mrs. FEINSTEIN, the It is anticipated that following title sor of S. 1223, a bill to increase the names of the Senator from Idaho (Mr. transfer, needed improvements would number of well-trained mental health CRAPO) and the Senator from Kentucky be made. For example, the Provo Res- service professionals (including those (Mr. MCCONNELL) were added as co- ervoir Canal will be enclosed to provide based in schools) providing clinical sponsors of S. Con. Res. 81, a concur- for the conservation of water, improved mental health care to children and ado- rent resolution expressing the deep water quality and security, the con- lescents, and for other purposes. concern of Congress regarding the fail- struction of a public trail system on S. 1266 ure of the Islamic Republic of Iran to top of the canal, and to eliminate the At the request of Mrs. CLINTON, the adhere to its obligations under a safe- hazards of an open unlined canal in an names of the Senator from North Caro- guards agreement with the Inter- urban environment. The critical impor- lina (Mr. EDWARDS), the Senator from national Atomic Energy Agency and tance of eliminating the safety hazard Connecticut (Mr. LIEBERMAN), the Sen- the engagement by Iran in activities of an open canal in an urban setting ator from Wisconsin (Mr. KOHL) and that appear to be designed to develop was recently reinforced by the tragic the Senator from Virginia (Mr. ALLEN) nuclear weapons. death of two young men who unfortu- were added as cosponsors of S. 1266, a S. RES. 202 nately were lured by the thrill of at- bill to award a congressional gold At the request of Mr. CAMPBELL, the tempting a swim through the canal to medal to Dr. Dorothy Height, in rec- name of the Senator from New York the other end. The enclosure of the ognition of her many contributions to (Mrs. CLINTON) was added as a cospon- canal would eliminate this safety risk the Nation. sor of S. Res. 202, a resolution express- and hopefully prevent any others from S. 1482 ing the sense of the Senate regarding making a similar mistake. At the request of Mr. INOUYE, the the genocidal Ukraine Famine of 1932– The transfer has significant local name of the Senator from Colorado 33. support, including Utah County, Salt (Mr. ALLARD) was added as a cosponsor f Lake County, Sandy City, Salt Lake of S. 1482, a bill to amend the Internal STATEMENTS ON INTRODUCED City, Lindon City, Draper, Pleasant Revenue Code of 1986 to repeal the re- BILLS AND JOINT RESOLUTIONS Grove City, Orem City and American duction in the deductible portion of ex- Fork City. By Mr. BENNETT: penses for business meals and enter- I look forward to working with the S. 1876. A bill to authorize the Sec- tainment. Metropolitan Water District of Salt retary of the Interior to convey certain Lake and Sandy, the Provo River S. 1645 lands and facilities of the Provo River Water Users Association, and all inter- At the request of Mr. CRAIG, the Project; to the Committee on Energy ested parties to make this title trans- name of the Senator from Rhode Island and Natural Resources. fer a success. (Mr. CHAFEE) was added as a cosponsor Mr. BENNETT. Mr. President, I rise of S. 1645, a bill to provide for the ad- today to introduce legislation author- By Ms. MIKULSKI (for herself, justment of status of certain foreign izing the title transfer of certain fea- Mr. ENSIGN, Mrs. MURRAY, Ms. agricultural workers, to amend the Im- tures of the Provo River Project, UT, SNOWE, Mr. DODD, Mr. KENNEDY, migration and Nationality Act to re- from the Bureau of Reclamation to Mr. JEFFORDS, and Ms. CANT- form the H-2A worker program under non-Federal ownership. This title WELL): that Act, to provide a stable, legal ag- transfer will provide many benefits, S. 1879. A bill to amend the Public ricultural workforce, to extend basic both directly and indirectly, for both Health Service Act to revise and ex- legal protections and better working the local government and the Federal tend provisions relating to mammog- conditions to more workers, and for Government, including economic, envi- raphy quality standards; to the Com- other purposes. ronmental, recreational, and safety mittee on Health, Education, Labor, S. 1709 benefits. and Pensions. At the request of Mr. CRAIG, the The facilities to be transferred are Ms. MIKULSKI. Mr. President, I rise name of the Senator from Massachu- the Provo Reservoir Canal and associ- to introduce the Mammography Qual- setts (Mr. KENNEDY) was added as a co- ated lands and structures, the Salt ity Standards Reauthorization Act of sponsor of S. 1709, a bill to amend the Lake Aqueduct and associated lands 2003. I am pleased to be joined in intro- USA PATRIOT ACT to place reason- and structures, and a 3.79 acre parcel of ducing this bill by Senator ENSIGN and

VerDate jul 14 2003 04:54 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.088 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15063 our bipartisan cosponsors. This impor- eral issues related to MQSA. I have that letters of support be printed in the tant bipartisan bill is about saving been working with the Labor, Health RECORD. lives. That’s what the Mammography and Human Services (HHS), and Edu- AMERICAN CANCER SOCIETY, Quality Standards Act (MQSA) does. cation Appropriations Subcommittee November 18, 2003. Accurate mammograms detect breast to get these studies going since I in- Hon. BARBARA MIKULSKI, cancer early, so women can get treat- cluded them in the Senate fiscal year U.S. Senate, Washington, DC. 2004 Labor/HHS Appropriations bill. ment and be survivors. DEAR SENATOR MIKULSKI: On behalf of the Mammography is not perfect, but it The HELP Committee also heard testi- American Cancer Society and its more than is the best screening tool we have now. mony in support of a two year reau- 28 million supporters, I would like to thank I authored MQSA over ten years ago to thorization at the HELP Committee’s you, along with Senator Ensign, for your improve the quality of mammograms April hearing on MQSA. continued leadership in sponsoring the so that they are safe and accurate. Be- As I talked to advocacy groups about ‘‘Mammography Quality Standards Act of fore MQSA became law, there was an ways to improve MQSA, the need to 2003.’’ As the largest national, community- uneven and conflicting patchwork of improve the skills of doctors reading based organization dedicated to eliminating the incidence and burden of cancer and im- standards for mammography in this mammograms was brought to my at- tention. One study found that a woman proving cancer care, the Society strongly country. There were no national qual- supports the reauthorization of the Mam- ity standards for personnel or equip- has a 50 percent chance of getting a mography Quality standards Act of 1992 ment. Image quality of mammograms ‘‘false positive’’ reading from her mam- (MQSA) in the remaining days of this ses- and patient exposure to radiation lev- mogram over 10 years. I’m gravely con- sion. els varied widely. The quality of mam- cerned about reports that doctors miss In addition, we believe a two year reau- mography equipment was poor. Physi- about 15 percent of breast cancers on thorization is appropriate at this time, as we cians and technologists were poorly mammograms. I was also disturbed by continue to examine methods for mammog- a New York Times investigation last raphy quality improvement. Currently, fund- trained. Inspections were lacking. ing has been included in the LHHS Appro- MQSA set federal safety and quality year. It found that some radiologists priation bill for the Institute of Medicine assurance standards for mammography were missing alarming numbers of and General Accounting Office to study and facilities for: personnel, including doc- breast cancers because they lacked the recommend concrete improvement to MQSA. tors who interpret mammograms; experience or training they needed for When the results of these studies are re- equipment; and operating procedures. the difficult task of interpreting the X- leased, we look forward to again working By creating national standards, Con- ray. These are reasons why I requested with the Congress to further improve MQSA gress helped make mammograms a the hearing that the HELP Committee and ensure that women’s access to high qual- held in April on this issue. While I am ity mammography continues. more reliable tool for detecting breast The American Cancer Society, along with cancer. In 1998, Congress improved disappointed that the HELP Com- other professional societies and advocacy MQSA by giving information on test mittee was not able to reach agree- groups, was actively involved in the develop- results directly to the women being ment this year on a continuing medical ment of the 1992 MQSA law and its reauthor- tested, so no woman falls through the education provision to address this ization in 1997, in an effort to further reduce cracks because she never learns about issue, I look forward to Congress reex- deaths and disability from breast cancer. a suspicious finding on her mammo- amining this issue once the IOM and Mammography screening has led to earlier gram. Now it is time to renew MQSA GAO studies are completed. detection of breast cancer when it is in its most treatable stages, thereby providing a and lay the foundation to strengthen it The IOM and GAO will look at sev- eral important issues such as: ways to greater chance for life-saving treatments even further. and a greater range of treatment options. In- The bill that I am introducing with improve physicians’ interpretation of creasing utilization of mammography has Senator ENSIGN today is a bipartisan mammograms; possible changes to been a major factor in the reduction of agreement to extent MQSA for two MQSA regulatory requirements; ways breast cancer deaths in the U.S. over the last years while making two additional to ensure the recruitment and reten- decade. Based upon ongoing scientific evi- changes to certificates that facilities tion of sufficient numbers of ade- dence and improvements in technology, are required to have to perform mam- quately trained personnel to provide high-quality mammography continues to be mograms. First, the bill allows the quality mammography; how data cur- the best available tool for the early detec- rently collected under MQSA could be tion of breast cancer. Therefore, the Society Secretary of Health and Human Serv- is honored to again lend our support to Con- ices to issue a temporary renewal cer- better used; and factors that led to the gress in its commitment to ensure that tificate for up to 45 days to a facility closing of mammography facilities women have access to high-quality mammo- seeking reaccreditation, if the accredi- since 2001. I look forward to working grams. tation body has issued an accreditation with my colleagues in Congress to ex- The Society would like to commend you extension and other criteria are met. amine the recommendations from again for your leadership on this critical This will help ensure that a facility is these studies in 2005 and to consider public health issue, and we look forward to not forced to close its doors to women further improvements to MQSA in its continuing to work closely with you and the other cosponsors to ensure the enactment of seeking mammograms, while it is com- next reauthorization. this important legislation this year. If you pleting its reaccreditation and the The HELP Committee will mark up or your staff have any questions, please con- quality of mammography is not com- this bill tomorrow. This legislation is tact Kelly Green Kahn, Manager of Federal promised. supported by groups including the Government Relations (202-661-5718). Second, the bill allows the Secretary, American Cancer Society, the Susan G. Sincerely, at the request of an accreditation body, Komen Breast Cancer Foundation, the DANIEL E. SMITH, to issue a limited provisional certifi- national Alliance of Breast Cancer Or- National Vice President, Federal & State cate to a facility to enable a facility to ganizations, and the American College Government Relations. of Radiology Association. I strongly WENDY K.D. SELIG, conduct examinations for educational Vice President, Legislative Affairs. purposes while an onsite visit from an urge Committee passage and swift Sen- accreditation body is in progress. This ate passage of the bill later this week. THE SUSAN G. KOMEN BREAST certificate would only be valid during I hope that the House will also expedi- CANCER FOUNDATION, the time the site visit team from the tiously pass this bill. There are an esti- November 17, 2003. accreditation body is physically in the mated 212,600 new cases of breast can- Re: Mammography Quality Standards Reau- facility and would not be valid longer cer and an estimated 40,200 breast can- thorization Act of 2003 than 72 hours. cer deaths in the United States this Hon. BARBARA MIKULSKI, The two year reauthorization of year. Early detection and treatment Senate Hart Office Building, Washington, DC. MQSA is important. It will give Con- are essential to reducing breast cancer DEAR SENATOR MIKULSKI: The Susan G. gress an opportunity to consider in the deaths. Congress should pass this bill Komen Breast Cancer Foundation supports your introduction of the Mammography next reauthorization expert rec- this year to reauthorize MQSA and ex- Quality Standards Reauthorization Act of ommendations from an Institute of tend this valuable program that helps 2003, and we appreciate your leadership in Medicine (IOM) study and a General save the lives of women and men with ensuring patient access to quality breast Accounting Office (GAO) report on sev- breast cancer. I ask unanimous consent health and breast cancer care.

VerDate jul 14 2003 04:54 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.090 S18PT1 S15064 CONGRESSIONAL RECORD — SENATE November 18, 2003 Thanks to more than 75,000 volunteers However, new approaches are needed to State of Nevada alone, 1,400 new cases dedicated to the fight against breast cancer, continue to improve the quality and effi- of breast cancer will be diagnosed in the Susan G. Komen Breast Cancer Founda- ciency of this test, reflect technology inno- women, and an estimated 300 women in tion is a unique grassroots network with vations, disseminate outcomes, and attract Nevada will die of breast cancer next more than 100 Affiliates nationwide and dedicated professionals to the breast imag- internationally. Since its inception in 1982, ing field. We hope that you will seek year. Komen has raised nearly $600 million in fur- NABCO’s ongoing help to identify ways that The MQSA was originally passed in therance of its mission—to eradicate breast MQSA can better serve facilities, medical 1992 to ensure that all women have ac- cancer as a life-threatening disease by ad- professionals and consumers. We commend cess to quality mammography for the vancing research, education, screening and you and your staff for your recognition that detection of breast cancer in its ear- treatment. Komen dedicates millions of dol- high quality, accessible mammography is liest, most treatable stages. Congress lars annually towards scientific and commu- vital to making progress in the fight against re-authorized MQSA in 1998, extending nity outreach projects. The Komen Founda- breast cancer. With your support, we can tion Research Program has awarded more the program through 2002. Although offer women confidence that if they have MQSA was scheduled for reauthoriza- than 850 grants, totaling more than $110 mil- breast cancer, it is likely to be detected, and lion for breast cancer research. In addition, that mammography and imaging services in tion last Congress, we unfortunately Komen Affiliates have funded hundreds of the U.S. will continue to improve in quality. failed to act. non-duplicative, community-based breast Very truly yours, The MQSA has had a positive impact health education and breast cancer screening AMY S. LANGER, on mammography quality. FDA inspec- and treatment projects for the medically un- Executive Director. derserved. tion data continues to show overall fa- Early detection of breast cancer saves cility compliance with the national lives. Mammography screening remains the AMERICAN COLLEGE OF RADIOLOGY, standards to ensure the quality of x- gold standard in the early detection of breast Reston, VA, November 17, 2003. ray images. Currently, over 98 percent Hon. BARBARA MIKULSKI, cancer. In the past decade, breast cancer of all mammography facilities pass the mortality rates have declined in the United U.S. Senate, Washington, DC. phantom image test during their facil- States. This is due, in large measure, to ity inspection. MQSA remains as essen- early detection and timely treatment. The DEAR SENATOR MIKULSKI: On behalf of the MQSA establishes a national standard of 30,000 physician and physicist members of tial tool for early detection and for mammography care. Since enactment of the the American College of Radiology Associa- combating mortality associated with MQSA, women throughout the country have tion (ACRa), I would like to offer the Col- breast cancer. gained further confidence in their mammo- lege’s full support for your introduction of The legislation I introduce today grams, as well as in those individuals and fa- legislation to reauthorize the Mammography would reauthorize MQSA for 2 years, cilities that provide services as part of Quality Standards Act (MQSA). signifying Congress’ commitment to Since enactment of MQSA in 1992, women screening for breast cancer. extending the life of this important The Komen Foundation wishes to lend our in the United States have gained confidence continued support to the efforts of you and in the providers of their mammograms, program. Reauthorizing the act for a your colleagues to ensure enactment of the through the knowledge that mammography shorter amount of time than pre- Mammography Quality Standards Reauthor- facilities were being certified in accordance viously done will allow Congress the ization Act, and we applaud your efforts in with federal standards. The successful col- time it needs to examine some serious advancing an issue of utmost importance. laboration of radiologists, mammography fa- issues facing the long-term effective- Very truly yours, cility operators, federal and state regulators ness of the act while still maintaining SUSAN BRAUN, and consumer groups has produced signifi- vital quality standards in the interim. President and CEO. cant improvements in the quality of mam- mograms nationwide. With the impending In addition, this legislation would NABCO , NATIONAL ALLIANCE OF passage of this legislation, Congress and permit the Secretary of the Depart- BREAST CANCER ORGANIZATIONS, ACRa continue this legacy. ment of Health and Human Services to New York, NY, November 18, 2003. The technical corrections contained in this issue two additional and temporary Hon. BARBARA MIKULSKI, legislation will make sure that mammog- certificates that will allow facilities U.S. Senate, Washington, DC. raphy facilities will not be closed due to ad- who offer mammography services to DEAR SENATOR MIKULSKI: On behalf of the ministrative ‘‘Catch 22’s.’’ Had these prob- continue to provide uninterrupted care millions of women, families, professionals lems not been addressed, access by thousands while they go through the process of and providers served by the education and of women seeking timely breast cancer de- information programs of the National Alli- tection and treatment may have been threat- reaccredidation. This is important as ance of Breast Cancer Organizations ened. Furthermore, the Committee’s willing- we encourage more and more women to (NABCO), I am writing to express support of ness to work with the breast cancer commu- seek screening services each year. 2003 legislation to reauthorize the Mammog- nity and consider incorporating the results With these significant changes, raphy Quality Standards Act of 1992 (MQSA). of pending studies into the next reauthoriza- MQSA, I believe, will be more effective We thank you and your Senate co-sponsors tion is truly appreciated and has the poten- than ever. While we are improving the for advancing this legislation. tial of improving the act even more. act with this bill, we need to tread Since our organization’s founding in 1986, The College looks forward to working with NABCO has been a visible proponent of high- carefully as we look to make further you and other interested parties to enact changes. Mammography, like every quality early detection of breast cancer. We this legislation and thanks you for your have worked with Congressional leaders on leadership as we continue to improve the health discipline, is an imperfect measures to educate women about good quality of mammography services through- science. On average, radiologists esti- breast health, and on provisions to improve out the country. mate that somewhere around 75 per- screening coverage and reimbursement, and Sincerely, cent of cancer can be found through to eliminate barriers to early diagnosis. E. STEPHEN AMIS, mammography. Thus, until the tech- Without question, early detection followed Chairman, Board of Chancellors. by prompt, state-of-the-art care offers nology improves, the quality of the women the best chance for successful treat- Mr. ENSIGN. Mr. President, I rise reading is limited. ment, and high-quality, regular mammo- today to introduce, with my distin- We have to remember that in the grams are the best available tool to detect guished colleague from Maryland, Sen- medical field, human error is unavoid- breast cancer at its earliest, treatable ator MIKULSKI, the Mammography able. Most doctors practicing today are stages. Quality Standards Reauthorization Act excellent at what they do, and placing The MQSA system of certification, inspec- of 2003. The purpose of this legislation additional regulations on them, espe- tion and accreditation established basic standards that have improved the quality of is to reauthorize the Mammography cially in an already highly-regulated mammography in the United States. After Quality Standards Act in order to subspecialty, can often times do more working with Congress to craft this legisla- maintain access to high quality mam- harm than good. Congress needs to be tion, it was my honor to serve as a consumer mography services for every woman in increasingly vigilant in making sure representative on the FDA’s initial MQSA America. that practices below acceptable stand- Advisory Committee. Since 1992, breast can- Breast cancer is the second leading ards are eliminated. To that end, one of cer survival has improved markedly—in cause of cancer deaths among Amer- the real benefits of MQSA is its re- large part because more women have taken advantage of regular, high-quality screening ican women. An estimated 211,300 new quired medical audit procedure which mammograms, available nationwide. The cases of invasive breast cancer are ex- mandates that each FDA-approved fa- current reauthorization provisions will fur- pected to occur among women in the cility has a system for following up on ther strengthen this system. United States in 2003. In my home mammograms that reveal problems. In

VerDate jul 14 2003 04:54 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.105 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15065 other words, each facility performs a up nets of dead fish and crab ‘‘jubi- would pay big dividends in restoring self-check on itself, helping to ensure lees’’—a rare phenomenon of crabs flee- the ecological and economic health or quality care is being given. ing the water for air. The cause of the our nation’s greatest estuary. We real- The impact of medical liability on pollution of the Chesapeake Bay is ize that this request is but a first step the radiological profession has been clear: high levels of nitrogen coming to bring to bear the necessary re- immense, leading to a shortage of qual- from sewage treatment plants, air dep- sources to accomplish the nutrient re- ity doctors. As bad as it has been for osition, runoff from farmlands, and duction. the profession itself, the adverse effect stormwater runoff from urban and sub- The legislation which we are offering it has had on patient access to care is urban areas. The water pollution today represents the next step in the intolerable. In places across the coun- caused by high levels of nutrients, par- effort to close the $9.4 billion gap and try, women are having to wait weeks, ticularly nitrogen, continues despite help assure that the effort to reduce even months, to get a mammography two decades of efforts from all the ju- nutrient pollution in Chesapeake Bay screening. In a speech this February in risdictions in the watershed, Maryland, will be focused properly and funded Florida, the president of the American Virginia, Pennsylvania and the Dis- adequately for the long term. It directs Medical Association stated that in a trict of Columbia, to address it. the Administrator of EPA to establish recent survey of Palm Beach, Miami Scientists, State and Federal agen- a special Blue Ribbon Commission on Dade and Broward Counties, 7 of the 29 cies and citizen advocates know what Chesapeake Bay Nutrient Pollution radiologists said they had stopped must be done to address the excessive Control Financing to oversee develop- reading mammograms—and 8 others nutrients which pollute the Bay’s ment of a comprehensive implementa- are considering that possibility. In ad- water. The 304 major sewage treatment tion plan to address the funding needs dition, Orlando Regional Hospital re- plants in the watershed must be up- and/or regulatory requirements for re- ports that the average wait time for graded to reduce the nutrients coming ducing nutrient pollution loads in women seeking mammography rose into the Bay. Farmers must be given Chesapeake Bay sufficient to comply from 20 days in 2000—to 150 days in the best technology and resources to with Clean Water Act standards by the 2002. The cause of all this is that many keep excess fertilizer and sediments year 2010. The Commission is charged radiologists can’t find or afford the out of the Bay. Air deposition must be to address the appropriate responsibil- necessary liability insurance. reduced. And new financing mecha- ities of the Federal, State and local The bottom line is that at a time nisms must be developed to help local governments in financing sewage treat- when the medical liability crisis is hit- governments control stormwater run- ment plant upgrades, agricultural and ting the industry harder than ever, the off. other nonpoint source runoff controls, last thing the Federal Government Earlier this year, a Chesapeake Bay and urban stormwater management. It should be doing is creating more ave- Commission report entitled The Cost of is also directed to address the opportu- nues for abusive lawsuits. That is why a Clean Bay, found a $9.4 billion gap in nities for enhancing the role of the pri- Congress must balance the need to find the resources needed to reduce nutri- vate sector in financial support for nu- ways to improve the quality and deliv- ents and sediments in the Bay to levels trient reduction either directly or ery of women’s health, while at the sufficient to remove the estuary from through public/private partnerships. same time preserving a positive and eq- the Environmental Protection Agen- The Commission will have a vital uitable medical environment for well- cy’s list of impaired waters. While $9.4 role to play in Chesapeake Bay restora- intentioned professionals to practice. billion seems like an enormous sum, we tion. Through the work of the Chesa- The MQSA has been an important should remember that the health of peake Bay Program and its partners, program in increasing the quality of Chesapeake Bay is vital not only to the our scientific and technical under- mammography services for women. I more than 15 million people who live in standing of what needs to be done to thank Senator MIKULSKI and HELP the watershed, but to the Nation. It is reduce excess nutrients going into the Committee Chairman GREGG for all of one of our Nation’s and the world’s Bay serves as a model for the Nation. their hard work on this issue, and I greatest natural resources covering Yet these practices cannot be imple- look forward to seeing this legislation 64,000 square miles within six States. It mented without sufficient funding, and through to passage by the Senate and is a world-class fishery that still pro- current estimates suggest that a dou- ultimately signed into law. duces a significant portion of the bling of nutrient reduction efforts to finfish and shellfish catch in the date will be required. The Commission By Mr. SARBANES (for himself, United States. It provides vital habitat is critically needed to explore respon- Ms. MIKULSKI, Mr. WARNER, Mr. for living resources, including more sibilities, opportunities and mecha- ALLEN, and Mr. SANTORUM): than 3600 species of plants, fish and nisms for generating the financial S. 1880. A bill to establish the Special animals. It is a major resting area for backing needed to restore the Chesa- Blue Ribbon Commission on Chesa- migratory waterfowls and birds along peake Bay. Let me add that the eco- peake Bay Nutrient Pollution Control the Atlantic including many endan- nomics of nutrient reduction is an Financing; to the Committee on Envi- gered and threatened species. It is also issue faced by many regions of the ronment and Public Works. a one-of-a-kind recreational asset en- country. Many of the recommendations Mr. SARBANES. Mr. President, joyed by millions of people, a major of this Commission regarding the fi- today I am introducing legislation to commercial waterway and shipping nancing of sewage treatment plant up- establish a special Blue Ribbon Com- center for much of the eastern United grades, agricultural nutrient reduction mission on Chesapeake Bay Nutrient States, and provides jobs for thousands practices, and stormwater and air pol- Pollution Control Financing. Joining of people. In short, the Chesapeake Bay lution control could be transferred to me in sponsoring this measure are my is a magnificent, multifaceted resource for use elsewhere around the Nation. colleagues Senators MIKULSKI, WAR- worthy of the highest levels of protec- It is our expectation that, in car- NER, ALLEN and SANTORUM. tion and restoration. rying out its functions, the Commis- On Tuesday, November 11, 2003, the On November 3, 2003, I was joined by sion will draw upon the expertise of Chesapeake Bay Foundation released the six Senators and 16 Members of the other Federal agencies, including the its sixth annual State of the Bay re- House of Representatives from the U.S. Department of Agriculture, the port. The report is headlined ‘‘The Chesapeake Bay watershed States, in a Army Corps of Engineers, and NOAA as Bay’s Health Remains Dangerously Out bipartisan letter to President Bush well as State and local governments, of Balance and Is Getting Worse.’’ In- urging him to commit $1 billion to re- academia and the private and non-prof- deed, this summer the Chesapeake storing the Bay’s water quality. We it sector and establish a multidisci- Bay’s so-called ‘‘dead zone’’—the area pointed out to the President that, with plinary advisory panel to assist the of oxygen-and life-depleted waters—ex- a matching State funding requirement Commission in preparing its report and tended more than 100 miles down the and proper targeting, these funds recommendations. Valuable work is Bay, the largest area ever recorded. would provide a tremendous boost to now being carried out by the Chesa- Scientists observed extensive algal the efforts to reduce nutrient pollution peake Bay Program in a great number blooms and watermen reported pulling in the Bay and that this investment of areas including nutrient reduction,

VerDate jul 14 2003 04:54 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.095 S18PT1 S15066 CONGRESSIONAL RECORD — SENATE November 18, 2003 oyster restoration, submerged aquatic ment would pay big dividends in restoring purposes; to the Committee on the Ju- vegetation, and environmental edu- the ecological and economic health of our diciary. cation to mention a few and it is not nation’s greatest estuary. We offer our Mr. LAUTENBERG. Mr. President, I intended that the Commission be in strong support on this request. Furthermore, rise to introduce some legislation I we believe that the blue ribbon panel is its consider an emergency because it over- any way a substitute for the Bay Pro- perfect complement. gram. Rather it is to support the work Your effort represents the next—and crit- rides a misguided policy that threatens of the Bay Program by dissecting fi- ical—step in the effort to close the $9.4 bil- our homeland security and exposes our nancial responsibilities into compo- lion gap, ensuring that the nutrient reduc- Nation to more vulnerable terrorist at- nent parts—Federal, State, local and tion goals will be reached. We applaud you in tacks. private and by addressing the funding your efforts and offer our assistance to you The legislation I am introducing and/or regulatory requirements of the as you pursue the best next step for the Bay today is called the Terrorist Apprehen- work to be done to end the Bay’s water restoration effort. sion Act, and it is cosponsored by Sen- Sincerely, pollution from too much nutrient load- ators SCHUMER, FEINSTEIN, CORZINE, ANN PESIRI SWANSON, and REED of Rhode Island. ing. Executive Director. Establishment of the special Blue This bill directs the administration Ribbon Commission on Chesapeake Bay to do all it can to apprehend potential CHESAPEAKE BAY FOUNDATION terrorists within our borders. Some- Nutrient Pollution Control Financing Annapolis, MD, November 18, 2003. times they do things that defy common will serve to kick start the critical Hon. PAUL SARBANES, sense and are simply hard to believe. work which must now be done to re- United States Senate, This is one of the most outrageous dis- store the Chesapeake Bay. It is sup- Washington, DC, DEAR SENATOR SARBANES: We wish to ex- closures yet. ported by the Chesapeake Bay Founda- press our support and enthusiasm for your We have found out if someone on a tion and the Chesapeake Bay Commis- effort to establish a special Blue Ribbon terrorist watch list—someone who is a sion as evidenced by their letters. I ask Commission on financing the control of nu- potential threat to communities across unanimous consent that the two let- trient pollution in Chesapeake Bay. Your the country—goes ahead, buys a weap- ters be printed in the RECORD. I urge continued leadership on behalf of the Chesa- on, applies for a permit to buy a gun, peake is most appreciated. my colleagues to support this measure. and that information is logged into the There being no objection, the addi- As you know, this summer the Chesapeake gun background check system, the At- tional material was ordered to be Bay experienced one of the worst ‘‘dead zones’’ in history. Fish kills, beach closings, torney General has ordered the gun printed in the RECORD, as follows: and algae blooms were commonplace. Over background check system not alert or CHESAPEAKE BAY COMMISSION, the past twenty years, the monitoring sta- even be allowed to share critical infor- Annapolis, MD, November 17, 2003. tions of the Chesapeake Bay Program have mation with law enforcement con- Hon. PAUL S. SARBANES, revealed little to no change in key water SH–309 Hart Senate Office Building, cerning the whereabouts of the ter- quality parameters such as dissolved oxygen, rorist—not to give it to the FBI or the Washington, DC. clarity, and algae concentration. The funda- DEAR SENATOR SARBANES: I am writing on mental challenge remains controlling nitro- ATF or any of the law enforcement behalf of the Chesapeake Bay Commission to gen and phosphorus pollution to the Chesa- agencies. commend you on your efforts to direct the peake and its tributaries. I have to say, this is a mind-boggling Environmental Protection Agency (EPA) to Over the past several years, a number of policy. We could have a nationwide establish a special blue ribbon Chesapeake different reports have documented the finan- lookout for a known terrorist within Bay Nutrient Pollution Control Commission. cial needs of meeting the goals of the Chesa- our borders, but if he obtained a weap- The Commission would examine how best to peake 2000 Agreement. These reports con- on, got a permit approved, the Justice finance reductions in nutrient pollution suf- clude that water pollution control, in par- ficient to comply with Clean Water Act Department’s current policy is to ticular, will require the most significant fi- refuse to reveal any data that might be standards by the year 2010. It is the logical nancial investments. Key water pollution next step in our efforts to restore the na- available for law enforcement officials. control needs include sewage treatment, mu- It works this way: The subject is on tion’s crown jewel estuary, the Chesapeake nicipal storm water, and agricultural runoff. Bay. Your effort to establish a Blue Ribbon a terrorist watch list. This is a formal Earlier this year, our members issued a re- Commission appropriately focuses on the thing. The person who is listed on a port entitled The Cost of a Clean Bay. The biggest financial challenges confronting the terrorist watch list—look out, this guy report found a $9.4 billion gap in the re- Chesapeake Bay. It includes a diverse mem- is bad news, and we do not want him to sources needed to reduce nutrients and sedi- bership, and it engages the signatories to the roam freely. He can go ahead and buy ments sufficient to remove the Bay from the Chesapeake Bay Agreement in developing a gun under the rapid response network EPA list of impaired waters. While $9.4 bil- specific recommendations to meet the needs lion seems like an enormous sum, we should for a gun permit. The background of the Bay. Importantly, your effort ac- check is done. Then it goes into a remember that the health of Chesapeake Bay knowledges that regulatory mechanisms can is vital not only to the more than 15 million be used to internalize pollution control costs crime database, including the terrorist people who live in the watershed, but to the to minimize burdens on the region’s tax- watch list. The FBI terrorist task force nation. It is the world’s largest, most pro- payers. cannot get the information by virtue of ductive estuary, with a worth estimated at The Chesapeake Bay Foundation believes this policy because by directive, the nearly $1.2 trillion. The Bay restoration that a financial commission is a timely and Attorney General has said this infor- leads the world in devising new and innova- appropriate response to a number of the dif- tive solutions to reduce nutrient and sedi- mation should be protected. To me, the ficult challenges confronting the region’s protection our citizens need overrides ment pollution. If the Bay restoration fails, policy makers. We are very supportive of it speaks volumes for the fate of most water your effort, and we welcome the opportunity that of these people who are unwel- quality restoration projects, world-wide. to work with you to implement your ideas. come to begin with. But nevertheless, At this point, the partners in the Chesa- Thank you again for your leadership on be- once they are on the terrorist watch peake Bay Restoration Program have a well half of the Chesapeake Bay. list, we don’t want to give them a lot fleshed-out game plan. The leaders know Sincerely, of courtesy, especially to buy a weap- what needs to be done and have, for the most WILLIAM C. BAKER, on. part, implemented policies that will support President. these efforts. The stumbling block is the In combatting terrorism, Attorney lack of available funding or, in the absence General Ashcroft has shown little con- of money, the identification of viable regu- By Mr. LAUTENBERG (for him- cern for core civil rights. That all latory alternatives that can provide equi- self, Mr. SCHUMER, Mrs. FEIN- changes when it comes to gun rights. table solutions. STEIN, Mr. CORZINE, Mr. REED, The Attorney General seems more in- On November 3, 2003, you joined your col- and Mrs. CLINTON): terested in protecting the rights of ter- leagues in the Bay watershed in a bipartisan S. 1882. A bill to require that certain rorists to obtain guns than the protec- letter to President Bush urging him to com- notifications occur whenever a query tion of our citizens. mit $1 billion to restoring the Bay’s water to the National Instant Criminal Back- quality. You pointed out that, with a match- I know many gun support groups ing State funding requirement and proper ground Check System reveals that a have said: Listen, the terrorists targeting, these funds would provide a tre- person listed in the Violent Gang and wouldn’t buy a firearm on the legal mendous boost to the efforts to reduce nutri- Terrorist Organization File is attempt- market anyway. But evidence points to ent pollution in the Bay and that this invest- ing to purchase a firearm, and for other something otherwise.

VerDate jul 14 2003 04:54 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.100 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15067 An investigation by my staff revealed S. 1883. A bill to amend the Public important role in providing health that since September 11, in somewhere Health Service Act to provide greater services to the uninsured and under- between 13 instances and possibly as access for residents of frontier areas to insured in many medically underserved many as 21 times—and the reason for the healthcare services provided by areas. We all agree that we ought to the disparity is the information comes community health centers; to the Com- encourage the development of more from two different places, but it is at mittee on Health, Education, Labor, sites where those in need but without least 13 times and possibly as many as and Pensions. means can get proper care. 21—a person on the terrorist watch list Mr. ENZI. Mr. President, I rise today Unfortunately, many frontier areas has attempted to or successfully pur- to introduce legislation that would in- do not have community health centers. chased firearms. Imagine. The madness crease the likelihood that citizens who Wyoming, for example, only has one is that the person gets the firearm and live on the American frontier and in CHC, located in Casper. That center the information is cut off here instead other sparsely populated areas will just opened a satellite clinic in Riv- of being available to the FBI and other have access to affordable healthcare in erton, a town of 9,300 people almost 125 law enforcement people. their communities. miles away, so now we have two sites. In addition, the terrorists know that Since my election to the Senate in The Federal Government keeps sta- our gun laws are weak. Found in the 1996, one of my goals has been to edu- tistics on the degree of ‘‘health center ruins of a terrorist training camp that cate folks in Washington about what penetration into the unserved.’’ In was destroyed by U.S. missiles in life is like in the West. other words, we keep track of what Kabul, Afghanistan was a book called Obviously there are rural areas along percentage of those who need access to ‘‘How Can I Train Myself For Jihad.’’ the East and West Coasts and in the affordable healthcare can get adequate The book discusses the ease with which Midwest. But people who live in these service through community health cen- weapons can be purchased in the places are always surprised when they ters. United States in order to engage in ter- travel for the first time to places like In Wyoming, only 7.9 percent of the rorism. my home State of Wyoming. They are unserved had reasonable access to com- The guns that terrorists have access amazed at just how rural Wyoming is. munity health center services, based to in our country can be devastating, Well, Wyoming is more than rural. on 2001 data. Lest you think this is just such as the 50-caliber assault weapon Most Wyomingites live in the remain- a Wyoming problem, Mr. President, let which would take down a helicopter, as ing stretches of the American frontier. me share some percentages from other we may have seen. This is according to Now, that’s not to say that there aren’t states: Alabama: 15.9 percent; Georgia: the Congressional Research Service. plenty of sparsely populated areas else- 8.9 percent; Indiana: 10.1 percent; Kan- That weapon can penetrate 6 inches of where, even in coastal States. There sas: 10.4 percent; Louisiana: 4.3 percent; steel plating and has a range of a mile. are many places outside the West that Maryland: 15.8 percent; Nebraska: 5.3 One has to ask: Why is it available at share the characteristics of the fron- percent; Nevada: 7.8 percent; North all on the civilian market? tier. But almost all of Wyoming is Carolina: 11.1 percent; Oklahoma: 7.8 On this issue of terrorist access to sparsely populated. In fact, more peo- percent; Texas: 9.0 percent; and Vir- weapons, it is peculiar, at least, to ple live in the 68 square miles of the ginia: 12.2 percent. know that Attorney General Ashcroft’s District of Columbia than live in the Why are these access figures so low? position is at odds with the Depart- 98,000 square miles of Wyoming. It’s not because communities aren’t in- ment of Homeland Security. During his People who live on the frontier and terested in helping their less fortunate confirmation earlier this year, Sec- other sparsely populated areas face neighbors. It’s because many commu- retary Tom Ridge acknowledged to me some unique challenges, and one of nities on the frontier and in other in a question publicly that the link be- those challenges is access to affordable sparsely populated areas can’t even tween access to guns and terrorism is a healthcare. People who live in frontier apply for community health center dangerous one. areas are more likely to lack health in- funding. Under oath at another hearing, the surance than other rural and urban Why can’t they apply? Well, believe general counsel of the Department of citizens. Also, frontier areas generally it or not, the Federal Government Homeland Security told me it was his do not have population centers that doesn’t consider many isolated commu- belief that someone on the terrorist can support the full range of nities to be located in ‘‘medically un- watch list should not even be per- healthcare services available in most derserved areas.’’ And a community mitted to purchase guns. urban and some rural areas. has to be designated as being a ‘‘medi- Not only does the Attorney General One of the proven ways of improving cally underserved area’’ before one can think it is OK to allow these guns to be healthcare in medically underserved even apply for CHC funding. purchased by terrorists, but he thinks areas is through the establishment of The barrier for frontier communities it should be done secretly, without law federally qualified community health lies in the index that the Federal Gov- enforcement’s knowledge. That has to centers, or CHCs. Community health ernment uses to determine ‘‘medical change. We hope the Attorney General centers are not-for-profit providers of underservice.’’ That index looks at four will reverse course immediately. Un- health care to the working poor, the factors: the percentage of people over fortunately, I doubt he even com- uninsured, and other vulnerable popu- 65 years of age, and the ratio of pri- prehends the anomaly this generates. lations. These safety-net providers mary-care physicians per 1,000 people. This is why it is critical that the served ten million people across Amer- Using these four factors, the agency Senate pass this emergency legislation ica in 2001. has calculated that only four Wyo- before we leave for the year. If we Community health centers deliver ming’s 23 counties qualify to be ‘‘medi- don’t, we will put our constituents at preventive and primary care to pa- cally underserved areas.’’ I find this in- risk unnecessarily. My legislation is tients regardless of their ability to teresting, since Wyoming ranks 46th simple and to the point. It says, if a pay. Almost half of the patients treat- out of the 50 State in terms of physi- terrorist buys a gun, law enforcement ed at community health centers have cian-to-population ratio. must be notified right away. We would no insurance coverage at all. Commu- I have an idea about the source of like to prevent them from getting the nity health centers set their charges this contradiction. When I went to ac- gun, but the law, as it is for now, is the according to income, and they do not counting school, one of the things I FBI, the local police, and the regional collect any fees from their poorest cli- learned about was a concept called terrorist task force must be told the ents. ‘‘statistical validity.’’ What I learned time and the place of purchase. President Bush has proposed major was that the statistical validity of a I introduce this bill today and hope increases in funding for the establish- sample is a function of sample size: in that we can pass it as soon as possible. ment and expansion of community other words, the larger the sample, the health centers, and Congress has begun more accurate the results associated By Mr. ENZI (for himself, Mr. to provide that funding. Senators with the sample. BINGAMAN, Mr. THOMAS, and Mr. across the political spectrum agree Well, as you can imagine, sparsely CRAIG): that community health centers play an populated states like Wyoming offer

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.105 S18PT1 S15068 CONGRESSIONAL RECORD — SENATE November 18, 2003 less statistically valid samples than ment to create a new definition of many medically underserved areas and popu- other states. Many of our counties ‘‘frontier area.’’ The bill would require lations. score very well on factors like infant that the new definition go beyond the (5) Many frontier areas do not have com- mortality. Take Western County, for traditional population-density ap- munity health centers. (6) Many frontier areas cannot currently instance. Weston County has a very proach to include important factors qualify for community health centers be- low infant mortality rate—in fact, like distance in miles and travel time cause the Federal definition of medically un- their rate in 2002 was zero. But there in minutes to the nearest significant derserved areas or populations does not ap- were only 59 births in Weston County. healthcare service area or market. This propriately or effectively recognize the Now I’m happy to see that statistic, is important, because defining frontier unique nature and needs of frontier areas but it really hurts Weston County’s solely by population overlooks some and those who live in them. score on the agency index. important considerations. (7) Any definition of frontier areas for pur- Even looking at 5 years of data in For example, in some large counties, poses of eligibility for Federal or State healthcare programs should look beyond sparsely populated counties doesn’t the presence of a city in one corner simple measures of population density to provide a statistically valid sample. skews population density and over- consider such factors as the distance from From 1994 to 1998, Weston County’s in- shadows the existence of many large and travel time to the nearest significant fant mortality rate was 8.5 per 1000 frontier areas. Furthermore, a key healthcare service center or market. births, slightly above the national av- component to frontier life is distance. (8) President George W. Bush has made the erage. From 1995 to 1999, Weston Coun- Even areas with population density as development of new community health cen- ty’s rate jumped to 14.7 percent—near- high as 20 people per square mile ters a priority of his administration. ly twice the national average. should be considered frontier if the (9) People who live in frontier areas should Why did the infant mortality rate be included explicitly in this expansion of community is located far from the the community health center program. jump so dramatically in Weston Coun- closest significant service center or (b) PURPOSE.—It is the purpose of this Act ty? The only difference was that in market. to provide greater access for residents of 1999, two of the 60 babies born in the The National Rural Health Associa- frontier areas to the healthcare services pro- county died soon after birth. tion and the Western Governors Asso- vided by community health centers. When two deaths have such a dra- ciation have already endorsed a defini- SEC. 3. FRONTIER COMMUNITY HEALTH CEN- matic impact on the infant mortality tion using the factors proposed by the TERS. rate, it’s because the sample size sim- Frontier Healthcare Access Act. If the Section 330 of the Public Health Service ply isn’t large enough to provide a federal government adopts a similar Act (42 U.S.C. 254b) is amended— valid result. Slight variations in small (1) in subsection (a)(1), by striking ‘‘and definition, it would ensure eligibility residents of public housing’’ and inserting samples can result in huge differences for community health center develop- ‘‘residents of public housing, and residents of when translated into statistical data. ment and expansion for about ten mil- frontier areas’’; And in my opinion, we shouldn’t be lion citizens who live in more than 800 (2) by redesignating subsections (j), (n), (o), making decisions based on statistics counties located in 38 states—not just (p), (q), (r), (s), (q), and (s) as subsections (k), that aren’t valid indicators of the the frontier West. (l), (m), (n), (o), (p), (q), (r), and (s), respec- healthcare status of a community. Mr. President, people in hundreds of tively; and I am concerned that the Federal defi- cities and towns across the country (3) by inserting after subsection (i), the fol- nition of ‘‘medically underserved lowing: have access to affordable healthcare ‘‘(j) RESIDENTS OF FRONTIER AREAS.— areas’’ does not recognize the unique services through community health ‘‘(1) IN GENERAL.—The Secretary may nature and needs of people who live in centers. People who live in sparsely award grants for the purposes described in the sparsely populated areas of our populated areas ought to have a fair subsections (c), (e), and (f) for the planning country. This makes me concerned opportunity to create the same sort of and delivery of services to areas identified that frontier communities are going to access. under paragraph (3)(B). miss out on a great opportunity to par- The Frontier Healthcare Access Act ‘‘(2) SUPPLEMENT NOT SUPPLANT.—A grant ticipate in our national expansion of awarded under this subsection shall be ex- would create this opportunity for peo- pended to supplement, and not supplant, the community health centers. ple who live in isolated communities That’s why I’m joining today with expenditures of the health center and the across our great country. I hope that value of in-kind contributions for the deliv- my distinguished colleagues Senators my colleagues will join me in making ery of services to the population described in BINGAMAN, THOMAS, and CRAIG to intro- this opportunity possible for our citi- paragraph (1). duce the Frontier Healthcare Access zens who live in every part of our re- ‘‘(3) DEFINITION.— Act. We believe that people who live on maining American frontier—whether ‘‘(A) IN GENERAL.—In this subsection, the the frontier and in other sparsely popu- the buffalo still roam there or not. term ‘frontier area’ means a county or a ra- lated areas ought to have a fair shot at tional area identified by the Secretary in I ask unanimous consent that the consultation with appropriate State offices competing for federal support as we text of the bill be printed in the grow the community health center pro- of rural health. RECORD. ‘‘(B) REGULATIONS.—The Secretary shall gram. There being no objection, the bill was through regulations develop a definition to Our bill would automatically deem ordered to be printed in the RECORD, as identify frontier areas and shall designate ‘‘frontier areas’’ to be eligible for Fed- follows: residents of such areas as medically under- eral funding for the development and S. 1883 served for purposes of this section. In devel- expansion of community health cen- oping such definition the Secretary shall ters. Be it enacted by the Senate and House of Rep- consider factors such as population density, resentatives of the United States of America in distance in miles from the nearest signifi- The bill would require no new fund- Congress assembled, ing—it would simply designate frontier cant healthcare service center or market, SECTION 1. SHORT TITLE. communities as special populations eli- and travel time in minutes from the nearest This Act may be cited as the ‘‘Frontier significant healthcare service center or mar- gible for federal CHC support. Nor Healthcare Access Act of 2003’’. ket.’’. would the bill create a new preference SEC. 2. FINDINGS AND PURPOSE. for frontier areas—it would simply Congress makes the following findings: By Mr. DASCHLE (for Mr. allow frontier communities into the (1) People who live in frontier areas are KERRY): competition for funding. The bill would medically underserved and face unique chal- S. 1884. A bill to assure a healthy end the application of a statistical for- lenges in accessing affordable healthcare. American manufacturing sector, and mula that doesn’t provide a valid as- (2) People who live in frontier areas are for other purposes; to the Committee sessment of need in sparsely populated more likely to lack health insurance than on Finance. areas—but it would still require fron- other rural and urban citizens. (3) Frontier areas generally do not have By Mr. DASCHLE (for Mr. tier communities to compete with population centers that can support the full other communities to receive federal range of healthcare services available in KERRY): CHC support. most urban and some rural areas. S. 1885. A bill to amend the Internal The Frontier Healthcare Access Act (4) Community health centers play an im- Revenue Code of 1986 to provide tax in- also would direct the Federal Govern- portant role in providing health services to centives for manufacturing businesses

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.101 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15069 in the United States; to the Committee In 1955, manufacturing jobs were 30.5 ing jobs at lower pay. We need to take on Finance. percent of all U.S. employment, today action. they make up just 14 percent. The man- Small-business owners have made it By Mr. DASCHLE (for Mr. ufacturing decline has been marked by clear to me, to Congress, and to the ad- KERRY): a relocation of factories abroad along ministration what actions are needed S. 1886. A bill to amend the Small with reduced exports and increased im- to reinvigorate the manufacturing sec- Business Act and the Small Business ports of manufactured goods. Both tor. Unlike the Bush administration, Act of 1958 to establish the National large and small companies have been which has ignored these requests for Office for the Development of Small affected and a continued shrinking of help, Congress must have the courage Manufacturers, to increase the level of the manufacturing base may shift the to make the tough decisions and not assistance available for small manufac- manufacturing innovation process to simply pander to wealthy Americans turers, and for other purposes; to the other global centers and most certainly and giant corporations with unbal- Committee on Small Business and En- result in a decline in U.S. living stand- anced tax cuts. The Nation’s gross do- trepreneurship. ards. mestic product may be temporarily up, (At the request of Mr. DASCHLE, the As a member of the Finance and but manufacturing jobs are still way following statement was ordered to be Commerce committees and ranking down. To get those jobs back, and to printed in the RECORD.) member of the Senate Committee on continue competing on the inter- ∑ Mr. KERRY. Mr. President, I come to Small Business and Entrepreneurship, I national stage, our manufacturers, par- the floor today to introduce three bills have been fighting for the creation of ticularly our small manufacturers, to address the growing needs of small new manufacturing jobs during debate need adequate representation and lead- manufacturers, to stimulate the manu- over the President’s tax cuts, and I will ership at all levels of government, here facturing sector of our economy, and to continue to do so in the months ahead. and abroad. They need a well-educated, put back to work the millions of Amer- President Bush has done nothing to ad- highly skilled, productive labor force; ican workers in the manufacturing sec- dress the loss of manufacturing jobs, Federal contracting and subcon- tor that have lost their jobs in the past and many communities across the tracting opportunities; greater access 3 years. The three comprehensive bills country are suffering because of it, as to capital; foreign patent protection; are: the Manufacturing Assistance, De- more and more plants close and more trade adjustment, global marketing, velopment and Education (MADE) in and more jobs move overseas. This ad- and entrepreneurial development as- America Act, the Enhance Domestic ministration is indifferent to these sistance; and responsible, targeted tax Manufacturing and Worker Assistance changes, and the pain being felt in mil- credits. This legislation addresses Act, and the Manufacturing Jobs Pro- lion of American households, and those needs, while the President’s tax duction Act. It’s no secret that during the past 3 that’s unacceptable. cuts continue to undercut them. years, manufacturing employment in In fact, indifferent may be too kind a Mr. President, we often receive com- the United States has declined from word. The Bush administration has plaints that the Federal and State 17.3 million to 14.6 million jobs. This been downright cruel to working Amer- small business programs duplicate, loss of manufacturing jobs represents a icans, pursuing billions of tax cuts for rather than complement, each other. loss of more than one in every seven the most well-off in our society as While the SBA has stated that it has such jobs. Over the past 3 years, the their only economic policy, while mil- sufficient systems and programs in United States has lost an average of lions of hard-working Americans have place to address the concerns of manu- 80,000 manufacturing jobs a month. The lost their jobs and will be left with the facturers, statistics on small manufac- States that rely the most on their bill from this administration’s reckless turers, as well as the business owners manufacturing sector have suffered the fiscal policies. In fact, you could argue themselves, prove otherwise. Many most during the past 3 years. Indiana that the manufacturing jobs picture is state that accessing these programs is has lost 67,000 manufacturing jobs, actually worse than the hard numbers often confusing and difficult because California—297,000, Ohio—152,000, Illi- tell us. While many estimates show they are fragmented, spread out and nois—126,000, Michigan—127,000, Penn- that 2.5 million manufacturing jobs not tailored to bridge gaps found be- sylvania—133,000, South Carolina— have been lost since President Bush tween State and Federal assistance 55,200, and North Carolina—145,300. took office, in previous postwar recov- programs. To address these problems, Even in my home State of Massachu- eries, manufacturing employment had my bill will create the National Office setts, we have lost approximately 80,000 recovered by this point in the business for the Development of Small Manufac- manufacturing jobs since January 2001. cycle and risen by more than 5 percent. turers at the Small Business Adminis- The loss of manufacturing jobs is of Under the Bush presidency, manufac- tration, led by an associate adminis- great concern because the manufac- turing employment has continued to trator. This new office will be respon- turing sector is more important than deteriorate steadily, falling so far by 8 sible for coordinating and strength- any other sector in supporting overall percent. Morgan Stanley’s respected ening existing programs, as well as es- economic growth, technological inno- economists tell us that the difference tablishing new SBA programs to ad- vation, and a high standard of living represents 2.1 million additional manu- dress the needs of small manufacturers for Americans. Over the past 10 years, facturing jobs. More supply-side, trick- and to promote programs throughout manufacturers have performed nearly le-down, ideologically driven tax cuts the Federal Government that assist 60 percent of research and development are not going to turn this around. Con- small- and medium-size manufacturers. in the United States and have paid over gress needs to take action and pass While the President has established a one-third of all corporate tax payments some policies that are meaningful to ‘‘new’’ manufacturing czar at the De- to State and local governments. people, and will actually create jobs, partment of Commerce, this action is Further, replacing manufacturing and soon. seen as lateral movement and does jobs with service sector jobs will not The President and his followers insist nothing to assist those manufacturers help stabilize the American economy. that his tax cuts are starting to work, that are suffering the most, the Na- According to a University of Michigan basing their claims on a couple of tion’s small business manufacturers. study, 6.5 spin-off jobs are created as a months where the overall job creation Once established, the National Office result of every new job created in man- numbers were positive. But the truth is for the Development of Small Manufac- ufacturing. Service sector jobs simply that the meager job gains of the last turers will be responsible for imple- cannot generate that type of economic three months have done little to lift menting a Manufacturing Corps activity. The benefits of manufac- most parts of the economy because through block grants to each State turing can also be found in national nearly 80 percent of those small gains that will address the skilled worker salary averages. In 2001, salaries and have come in just three sectors: gov- crisis in this country by promoting benefits averaged $54,000 in the manu- ernment, temporary staffing, and edu- technical education pertinent to the facturing sector, while the average sal- cation and health services. Manufac- manufacturing sector. First, the Manu- ary and benefits package in the private turing is not yet on the mend, and peo- facturing Corps would help current sector overall was only $45,600. ple who are finding new jobs are find- manufacturing workers improve their

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.137 S18PT1 S15070 CONGRESSIONAL RECORD — SENATE November 18, 2003 skill set and advance their technical suppliers with distributors, offer con- is in place of the $35,000 that is cur- abilities. Each State’s grant would ul- tracting and subcontracting opportuni- rently in place. For non-manufactur- timately provide small manufacturers ties, which directly benefits the local ers, it will be raised to $50,000. For with more highly skilled workers— economy while allowing access to ven- manufacturers, the costs of retaining something that the industry has posed dors in the distributors’ backyards. jobs are higher, and we want these jobs as a global competitive disadvantage— The National Office for the Develop- to be good living wages and not the $3 and allow the unemployed and those in ment of Small Manufacturers will cre- per hour or lower that exists in some declining industries to make the piv- ate a similar program to foster sym- countries. otal move back to work or to other biotic partnerships between small and After a natural disaster, the already manufacturing sectors, respectively. large businesses to spur contracting slumping manufacturing industry faces Second, the Manufacturing Corps opportunities. This BusinessLINC–M an even greater challenge in returning would help small manufacturers fill program would instead match up small business to normal and affording the their skilled labor needs by encour- manufacturers with larger firms that costs of repair. Recognizing that they aging college and university students could utilize their products, creating face these problems, the MADE in studying engineering, computers, and subcontracting opportunities and a America Act changes several provi- other high-tech fields to work in the stronger supply chain. sions to the SBA’s disaster loan pro- small manufacturing sector by offering Finally, the National Office for the gram. It increases the maximum loan to repay a portion of their student Development of Small Manufacturers size from $1.5 million to $5 million; al- loans if they do so for a specified period will develop a manufacturing mentor- lows small manufacturers to consoli- of time. Similar to incentives for stu- prote´ge´ program to focus on improving date debt by refinancing not just exist- dents going into the nonprofit or gov- the management practices, domestic ing disaster loans but any outstanding ernment work, the government would and foreign marketing abilities, effi- business loan; waives the principal and repay the loans of those who commit to ciency, and product development of interest payments for 6 months; au- working for a small manufacturer for 4 small manufacturers by pairing them thorizes the administration to waive years following graduation if their an- with larger, more experienced manu- unreasonable size limitations; and pro- nual employment compensation does facturers that would provide such guid- hibits the SBA from selling all disaster not exceed $60,000. ance. loans to other creditors. Disaster Third, the Manufacturing Corps One of the first things we can do to loans, at the most, have an interest would establish a vocational and tech- help small manufacturers is to tailor rate of 4 percent and terms of up to 30 nology training for students at the the SBA’s loan and venture capital pro- years. This low rate and long term high school level to prepare students grams so that they offer small manu- keeps manufacturers’ payments down who are not planning to attend college facturers affordable, long-term financ- as well as their debt, particularly when directly after graduation to enter the ing in amounts that are truly appro- they refinance their more expensive manufacturing sector. As in woodshop priate for them. This legislation will business loans. or auto shop courses, high school stu- assist small businesses with fixed-asset To help small manufacturers and dents will learn the technical skills to costs, working capital, loan dollars to small R&D firms, we need to reduce become effective, skilled manufac- help them export what they have pro- trade barriers, so that they are able to turing employees, such as machinists duced in the United States, and ven- sell their products and technologies in or metal workers. Additionally, schools ture capital investments to spur expan- other countries. Small-business owners providing such assistance would part- sion and growth. commonly cited the expense required ner with community manufacturers to To provide that capital, we have in- to secure foreign patent protection as a address their skilled worker needs and creased the loan amounts available to significant barrier to their ability to to provide employment opportunities small manufacturers, increased ven- operate in international markets. Part for students after graduation. ture leverage, and allowed refinancing of encouraging the spread of their inno- Another duty charged to the Na- of certain existing business debt. The vations into other countries is decreas- tional Office for the Development of maximum 504 loan, for equipment and ing their vulnerability to big foreign Small Manufacturers is to create a property, will be raised from $1 million corporations that can take their ideas government-wide ‘‘One Stop Small to $4 million, the maximum microloan when they try to sell their products Manufacturing Shop’’ for small manu- will be raised from $35,000 to $50,000, around the world. Our small businesses facturers. This online web portal will and the gross loan amount for 7(a) need patent protection. However, the serve as the single point of contact for working capital loans will increase costs associated with filing such pat- information on entrepreneurial devel- from $1 million to $4 million for small ents are often prohibitively expensive. opment assistance, access to capital, manufacturers. For example, Mr. Clifford Hoyt, who specific outreach programs, con- Investors should be encouraged to de- is vice president and chief technology tracting opportunities, and R&D vote more of their money to the fastest officer of Cambridge Research and In- projects. We already have successful growing small manufacturers. The strumentation, testified on June 21, programs that can be used as a proto- SBIC program can provide that venture 2001, as part of the Committee’s hear- type for the web page such as the Na- capital money. Under this bill, if SBICs ing on reauthorization of the STTR tional Industrial Manufacturing Assist- invest 50 percent in small manufactur- program that cost of ‘‘patent protec- ance Program’s Web site at the Office ers, then a single fund can leverage $150 tion in Europe is $20,000.’’ Information of Industrial Technologies at the De- million instead of $115 million and a from the American Intellectual Prop- partment of Energy. manager with several SBICs can lever- erty Law Association’s meeting shows The greatest challenge to small busi- age $185 million from the SBA. The leg- that the costs of foreign patents range nesses, as with all businesses, is the islation also restores and increases from $7,200 in Canada to $27,200 in ability to obtain contracts. The funding to establish additional New Japan. Those costs include fees for fil- BusinessLINC program within the SBA Markets Venture Capital firms and in- ing, examination, translation and at- has been proven, since its inception, to creases the SBA’s leverage against pri- torneys. successfully match small businesses vate funds raised in the New Markets With this legislation, to address the with potential clients. The teaming Venture Capital program from 150 per- intellectual property problem for small model has created thousands of jobs cent to 200 percent so these venture exporters, I propose enacting a vari- and millions of dollars in contracts. capital firms can invest more in small ation of a bill I introduced 2 years ago. The BusinessLINC–M program will also manufacturers. The MADE in America Act would es- team small businesses with non-gov- For growing small businesses using tablish a self-sustaining grant fund to ernmental organizations that can have the loans from the 504 program to buy help small manufacturers and R&D a direct impact on their bottom-line new equipment or buildings, we raise firms pay for the cost associated with through contracting or mentoring. the limit for lenders so that they must foreign patent protection. Each com- There is a great potential for the create or retain one job for every pany would be limited to one grant BusinessLINC–M program to match $100,000 loaned to manufacturers. This and, in order to be eligible for the

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.139 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15071 grant, it must have already filed for Recognizing that entire communities ers are taken into consideration as our patent protection in the United States. experience economic displacement, this Nation’s trade policy is carried out in Both of these provisions are designed proposal will assist harmed commu- the future and will assist small busi- to ensure, to the extent possible, that nities in exploring new avenues of eco- nesses in export promotion and trade companies apply for assistance for nomic development and job creation. compliance. their most promising technology and Combined, these programs will assist The final piece of my legislation plan therefore are in the best position to re- hundreds of mostly small- and me- to enhance U.S. manufacturing is my turn money to the grant fund when dium-sized manufacturing and agricul- bill titled the ‘‘Manufacturing Job Pro- their patented technology becomes tural companies that experience loss of duction Act.’’ The bill has four compo- profitable. By giving the companies jobs and sales due to import competi- nents, all of which are fiscally respon- only one shot at a grant to protect and tion and other adverse consequences of sible. None of them will by themselves make money from their technologies, trade. For example, TAA for workers completely make up for the jobs lost it forces them to select the one most provides income support, job search during this administration, but they likely to succeed and have sales. At the and worker relation assistance for af- will each do their part in stimulating same time, requiring companies to fected workers. new job creation and new investment have already filed for patent protection Next, my legislation will enhance in manufacturing firms. in the United States prior to seeking a two programs that have proven effec- The first component of my plan is a foreign patent grant is a gauge of the tive in assisting domestic manufac- Temporary Manufacturing Job Cre- company’s confidence in the commer- turing firms. For example, the bill will ation Tax Credit. It is a similar pro- cial potential of its technology. strengthen the very effective Manufac- posal to one I introduced earlier this Ultimately, the goal is to create a turing Extension Partnership program. year, when we were debating the Presi- self-sustaining grant fund. To do so, in This program assists struggling small- dent’s third major tax cut in 3 years. return for the grants, each recipient and medium-size manufacturers to My idea is straightforward: Any domes- would be obligated to pay 5 percent of modernize, increase productivity, cut tic manufacturer would receive an in- its related export sales or licensing waste, achieve higher profits, and com- come tax credit based on a percentage of the net increase in taxable Social fees to the fund, to be known as the pete in the demanding global market. Security payroll linked to new manu- ‘‘Small Business Foreign Patent Pro- With increased funding, the MEP pro- facturing/production jobs, comparing tection Grant Fund.’’ To maintain a gram can expand its program reach and total applicable payroll for one year to reasonable incentive for the small busi- decrease the fees paid by small manu- the previous year, adjusted for infla- nesses, the total amount recipients facturers to access the assistance. It is tion. The credit would apply only to would be required to pay would be exactly this type of program that will domestic production/manufacturing capped at four times the amount of the make American manufacturers com- jobs created in 2004 and 2005, and it grant, which for a $25,000 grant would petitive again, allowing them to main- would include jobs created in U.S. ter- be $100,000. tain existing jobs and create additional ritories, and those created by foreign- When I first introduced this bill a high-skilled and high-paying jobs in owned companies in the United States couple of years ago, the grants were the United States. or its territories. limited to companies that participate In addition, my legislation increases Unlike many of the administration’s in the SBA’s SBIR and STTR pro- funding for the Advanced Technology tax cuts, which carry huge costs at the grams. However, this bill opens the Partnership program. This very impor- vague promise of a positive economic grant funding to all small firms, while tant program fosters public-private result, my idea is outcome-based be- reserving 50 percent of the money for partnerships to accelerate the develop- cause it only costs money if it actually SBIR and STTR firms through the first ment of innovative technologies and works. Plus, it has a built-in safety three quarters to each year. Intellec- bridges the gap between the research valve to prevent abuse, because it pre- tual property protection is critical to lab and the market place. The program vents firms from receiving tax credits these small firms that have a great has been very effective in accelerating if they create new manufacturing jobs product or invention, and keeping the development of innovative tech- while simultaneously laying off other these innovations in the hands of nologies that promise significant com- workers, and it stops companies from American firms is important to the mercial payoffs and widespread bene- tilting the benefits to high-salary U.S. economy. fits for the Nation. Unfortunately, the workers because these salaries are al- Mr. President, today I am also intro- Bush administration has sought to ready above the Social Security pay- ducing the Enhance Domestic Manu- eliminate this program, at a time when roll tax cap. By comparing payroll facturing and Worker Assistance Act. technological change is faster than taxes paid over a whole year, it also America’s manufacturing decline and ever before and small manufacturers provides an incentive for firms to hire the associated loss of good, stable man- must be technologically competitive. new workers and keep them on payroll ufacturing jobs has been marked by a Strengthening the MEP and ATP and makes the calculation simple for relocation of factories abroad along programs will go a long way in assist- businesses. It also provides an employ- with reduced exports and increased im- ing small domestic manufacturers as ment stimulus for U.S. companies with ports of manufactured goods. This leg- they attempt to regain market share subsidiaries or manufacturing facilities islation will respond to the manufac- lost to international competition and on U.S. possessions, such as Puerto turing crisis in two ways. The proposal recover from the resulting devastating Rico. recognizes the harmful impact that job losses. My proposal would be in place for 2 trade has on small manufacturers and Finally, this bill will also create an years, and the Joint Committee on provides assistance to those workers, ‘‘Office of Small Business’’ within the Taxation estimates that it would cost companies and communities that have Office of the United States Trade Rep- less than $4 billion. Surely we could suffered through Trade Adjustment As- resentative that will focus on the pass this proposal and offset its modest sistance programs. The proposal also issues affecting small- and medium-size cost by finally closing some of the provides critical assistance to U.S. do- manufacturers as they relate to our Enron tax loopholes or passing the cor- mestic manufacturers to ensure that international trade policy. This pro- porate inversion proposals that have they adjust to the global economy and posal is very similar to a proposal that previously passed this body unani- remain competitive in the 21st century. I offered with Senator OLYMPIA SNOWE mously, only to be opposed by the First of all, for those workers, busi- in the 107th Congress. Small manufac- House. I think the percentage of Amer- nesses and communities that have been turers are directly impacted by our icans that would support that tradeoff harmed by trade, my bill assists them trade policies—often adversely—yet would be upwards of 80 percent. Paying by reauthorizing our Trade Adjustment they do not have a seat at the table for this proposal by closing tax loop- Assistance programs for workers and and lack the ability to effectively ex- holes for wealthy corporation makes business firms. The bill includes ele- press their concerns. The establish- perfect sense. It will help our economy ments of an innovative program to as- ment of this office will ensure that grow and help slow the flow of manu- sist similarly situated communities. issues important to small manufactur- facturing jobs overseas.

VerDate jul 14 2003 06:14 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.141 S18PT1 S15072 CONGRESSIONAL RECORD — SENATE November 18, 2003 The second element of may plan ex- and it is something worth trying. Like printed in the RECORD, and I urge all of pands upon a capital gains provision my other proposals for tax relief for my colleagues to support these bills.∑ that I have included in other legisla- small manufacturers, it only generates There being no objection, the bills tion. Section 4 of S. 842, my small busi- cost to taxpayers if it actually works. were ordered to be printed in the ness tax stimulus bill, provides that The BRIDGE Act is simple. It would RECORD, as follows: there shall be no capital gains tax ap- allow a fast-growing business with less S. 1884 plied to new equity investments in than $10 million in sales to temporarily Be it enacted by the Senate and House of Rep- small businesses with gross sales under defer up to $250,000 of its Federal in- resentatives of the United States of America in $100 million, if the investments are come tax liability, but only if the Congress assembled, held for at least 4 years. The zero cap- money is reinvested in the company. SECTION 1. SHORT TITLE. ital gains tax applies to businesses in- The 2-year deferral would be repayable This Act may be cited as the ‘‘Enhance Do- volved in certain ‘‘critical tech- wit interest over a 4-year period. For mestic Manufacturing and Worker Assist- nologies’’ as well as specialized Small small manufacturers, the maximum ance Act of 2003’’. Business Investment Companies, or tax deferral would be $400,000, and the TITLE I—EXTENSION AND EXPANSION OF SSBICs. For the Manufacturing Job payback period would be extended to a TRADE ADJUSTMENT ASSISTANCE Production Act, this capital gains pro- maximum of 6 years. Thus, the act will SEC. 101. EXTENSION FOR WORKERS AND FIRMS. posal is expanded to include new equity free up new investment capital for (a) IN GENERAL.—Section 285 (a) and (b) (1) investments in small manufacturing growing companies by allowing them and (2) of the Trade Act of 1974 (19 U.S.C. 2271 firms. Such a proposal should generate note) are amended by striking ‘‘September to use a portion of their Federal tax li- 30, 2007’’ each place it appears and inserting new investments in manufacturing, ability for self-financing. Its revenue ‘‘September 30, 2012’’. particularly small manufacturing com- cost is minimal—in fact, if the program (b) AUTHORIZATION.— panies that have been so damaged by is implemented temporarily, as in my (1) WORKERS.—Section 245 of the Trade Act recent economic trends. And like the bill, it actually raises a small amount of 1974 (19 U.S.C. 2317) is amended by striking job creation credit, it only costs sig- in the 10-year budget window—since ‘‘September 30, 2007’’ and inserting ‘‘Sep- nificant money if it has the desired ef- the deferred taxes are paid back with tember 30, 2012’’. fect. That factor alone makes it far interest. (2) FIRMS.— preferable to the Republican ‘‘throw it The fourth and final component of (A) IN GENERAL.—Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amend- and see if it sticks’’ tax cut strategy. my tax relief plan for small manufac- ed— The third part of my manufacturing turers is to make permanent the in- (i) by striking ‘‘$16,000,000’’ and inserting plan is a revised BRIDGE Act, designed crease in Section 179 small business ex- ‘‘$32,000,000’’; and to give a little extra boost to small pensing that was passed earlier this (ii) by striking ‘‘2007’’ and inserting ‘‘2012’’. manufacturers. The BRIDGE Act year as part of the President’s third (B) EXPANSION OF LOANS.—Section 255(h) of stands for Business Retained Income tax cut. However, this increase is set to such Act (19 U.S.C. 2345) is amended— During Growth and Expansion. It will expire at the end of 2005. While the re- (i) in paragraph (1), by striking ‘‘$3,000,000’’ help ensure that rapidly expanding, en- cent increase does not help the small- and inserting ‘‘$6,000,000’’; and trepreneurial businesses have access to (ii) in paragraph (2), by striking est of small businesses, it can be help- ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’. the capital they need to continue cre- ful to small manufacturers who pur- (3) FARMERS.—Section 298(a) of the Trade ating jobs and stimulating the econ- chase more expensive equipment. It is Act of 1974 (19 U.S.C. 2401g) is amended by omy. one element of the various Bush tax striking ‘‘2007’’ and inserting ‘‘2012’’. Each year, the United States econ- cuts that deserves to be made perma- (c) FISHERMEN.—Notwithstanding any omy generates 600,000 to 800,000 new nent. My proposal would permanently other provision of law, for purposes of chap- businesses. Most new business start increase the annual expensing limit to ter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) fishermen who harvest small and stay small—but some evolve $100,000. into fast-growth companies with the wild stock shall be eligible for adjustment Mr. President, we may not have all assistance to the same extent and in the capacity to propel the economy for- the answers here in the Congress. Some same manner as a group of workers under ward. These fast-growing companies of these trends in manufacturing em- such chapter 2. create the most new jobs, yet access to ployment have taken a long time to de- SEC. 102. TRADE ADJUSTMENT ASSISTANCE FOR financing—particularly in the current velop, and we won’t be able to turn COMMUNITIES. economic environment, but also when them around overnight. But at least we (a) IN GENERAL.—Chapter 4 of title II of the the economy is strong—presents a piv- shouldn’t ignore the changes and act as Trade Act of 1974 (19 U.S.C. 2371 et seq.) is otal challenge to them. A typical start- if more tax cuts will solve the problem. amended to read as follows: up may open its doors with a combina- My manufacturing tax plan contains ‘‘CHAPTER 4—TRADE ADJUSTMENT tion of personal savings, credit card four reasonable, responsible compo- ASSISTANCE FOR COMMUNITIES borrowing, and family lending. Once a nents—and most will cost money only ‘‘SEC. 271. DEFINITIONS. business has grown past a certain if they are actually effective. It’s time ‘‘In this chapter: size—say, when sales reach $10 million for this administration to get its head ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The or more—the company is better able to term ‘affected domestic producer’ means any out of the sand and start proposing job- manufacturer, producer, farmer, rancher, attract external financing at a reason- creating strategies that will actually fisherman or worker representative (includ- able cost. However, there are many work. ing associations of such persons) that was af- companies in a middle range, including Mr. President, nearly 3 million Amer- fected by a finding under the Antidumping many small manufacturers, which des- icans, all across this Nation, have lost Act of 1921, or by an antidumping or counter- perately need additional financing in their jobs since 2000. We need to act vailing duty order issued under title VII of the range of $250,000 to $1 million. now, with a comprehensive strategy the Tariff Act of 1930. These companies face a severe credit that not only incorporates tax cuts but ‘‘(2) AGRICULTURAL COMMODITY PRODUCER.— crunch that limits their growth and also includes real job training, business The term ‘agricultural commodity producer’ has the same meaning as the term ‘person’ the number of new jobs they can cre- development, capital access, and levels as prescribed by regulations promulgated ate. the playing field for U.S. manufactur- under section 1001(5) of the Food Security I believe that if congress does any- ers. I believe this legislation addresses Act of 1985 (7 U.S.C. 1308(5)). thing to assist small manufacturers, it many of the concerns of the small busi- ‘‘(3) COMMUNITY.—The term ‘community’ should take steps to ease the credit ness community and will take a signifi- means a city, county, or other political sub- crunch for those climbing the eco- cant step towards reversing the current division of a State or a consortium of polit- nomic ladder from small- to medium- trend of economic decline and job loss ical subdivisions of a State that the Sec- size enterprise, thereby generating new in the manufacturing sector. retary certifies as being negatively impacted ones. The BRIDGE Act addresses this I ask unanimous consent that the by trade. ‘‘(4) COMMUNITY NEGATIVELY IMPACTED BY financing gap. As ranking member of text of the MADE in America Act, the TRADE.—A community negatively impacted the Committee on Small Business and Enhance Domestic Manufacturing and by trade means a community with respect to Entrepreneurship, I have been the lead- Worker Assistance Act, and the Manu- which a determination has been made under ing voice for this idea in the Senate, facturing Jobs Production Act be section 273.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.143 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15073

‘‘(5) ELIGIBLE COMMUNITY.—The term ‘eligi- ‘‘(6) administer the grant programs estab- ‘‘(4) how to obtain technical assistance ble community’ means a community cer- lished under sections 274 and 275. provided under section 272(c)(3); and tified under section 273 for assistance under ‘‘SEC. 273. CERTIFICATION AND NOTIFICATION. ‘‘(5) how to obtain grants, tax credits, low this chapter. ‘‘(a) CERTIFICATION.—Not later than 45 days income loans, and other appropriate eco- ‘‘(6) FISHERMAN.— after an event described in subsection (c)(1), nomic assistance. ‘‘(A) IN GENERAL.—The term ‘fisherman’ the Secretary of Commerce shall determine ‘‘SEC. 274. STRATEGIC PLANS. means any person who— if a community described in subsection (b)(1) ‘‘(a) IN GENERAL.—An eligible community ‘‘(i) is engaged in commercial fishing; or is negatively impacted by trade, and if a may develop a strategic plan for community ‘‘(ii) is a United States fish processor. positive determination is made, shall certify economic adjustment and diversification and ‘‘(B) COMMERCIAL FISHING, FISH, FISHERY, the community for assistance under this shall be eligible for assistance as provided FISHING, FISHING VESSEL, PERSON, AND UNITED chapter. for under section 275. STATES FISH PROCESSOR.—The terms ‘com- ‘‘(b) DETERMINATION THAT COMMUNITY IS ‘‘(b) REQUIREMENTS FOR STRATEGIC PLAN.— mercial fishing’, ‘fish’, ‘fishery’, ‘fishing’, ELIGIBLE.— A strategic plan shall contain, at a min- ‘fishing vessel’, ‘person’, and ‘United States ‘‘(1) COMMUNITY DESCRIBED.—A community imum, the following: fish processor’ have the same meanings as described in this paragraph means a commu- ‘‘(1) A description and justification of the such terms have in the Magnuson-Stevens nity with respect to which— capacity for economic adjustment, including Fishery Conservation and Management Act ‘‘(A) the Secretary of Labor certifies a the method of financing to be used. (16 U.S.C. 1802). group of workers (or their authorized rep- ‘‘(2) A description of the commitment of ‘‘(7) JOB LOSS.—The term ‘job loss’ means resentative) in the community as eligible for the community to the strategic plan over the total or partial separation of an indi- assistance pursuant to section 223; the long term and the participation and vidual, as those terms are defined in section ‘‘(B) the Secretary of Commerce certifies a input of groups affected by economic disloca- 247. firm located in the community as eligible for tion. ‘‘(8) SECRETARY.—The term ‘Secretary’ adjustment assistance under section 251; ‘‘(3) A description of the projects to be un- means the Secretary of Commerce. ‘‘(C) the Secretary of Agriculture certifies dertaken by the eligible community. ‘‘SEC. 272. COMMUNITY TRADE ADJUSTMENT AS- a group of agricultural commodity producers ‘‘(4) A description of how the plan and the SISTANCE PROGRAM. (or their authorized representative) in the projects to be undertaken by the eligible ‘‘(a) ESTABLISHMENT.—Within 6 months community as eligible for adjustment assist- community will lead to job creation and job after the date of enactment of the Enhance ance under section 293; retention in the community. Domestic Manufacturing and Worker Assist- ‘‘(D) an affected domestic producer is lo- ‘‘(5) A description of how the plan will ance Act of 2003, the Secretary shall estab- cated in the community; or achieve economic adjustment and diver- lish a Trade Adjustment Assistance for Com- ‘‘(E) the Secretary determines that a sig- sification. munities Program at the Department of nificant number of fishermen in the commu- ‘‘(6) A description of how the plan and the Commerce. nity is negatively impacted by trade. projects will contribute to establishing or ‘‘(b) PERSONNEL.—The Secretary shall des- ‘‘(2) NEGATIVELY IMPACTED BY TRADE.—The maintaining a level of public services nec- ignate such staff as may be necessary to Secretary shall determine that a community essary to attract and retain economic invest- carry out the responsibilities described in is negatively impacted by trade, after taking ment. this chapter. into consideration— ‘‘(7) A description and justification for the ‘‘(c) COORDINATION OF FEDERAL RE- ‘‘(A) the number of jobs affected compared cost and timing of proposed basic and ad- SPONSE.—The Secretary shall— to the size of workforce in the community; vanced infrastructure improvements in the ‘‘(1) provide leadership, support, and co- ‘‘(B) the severity of the rates of unemploy- eligible community. ordination for a comprehensive management ment in the community and the duration of ‘‘(8) A description of how the plan will ad- program to address economic dislocation in the unemployment in the community; dress the occupational and workforce condi- eligible communities; ‘‘(C) the income levels and the extent of tions in the eligible community. ‘‘(2) coordinate the Federal response to an underemployment in the community; ‘‘(9) A description of the educational pro- eligible community— ‘‘(D) the outmigration of population from grams available for workforce training and ‘‘(A) by identifying all Federal, State, and the community and the extent to which the future employment needs. local resources that are available to assist outmigration is causing economic injury in ‘‘(10) A description of how the plan will the eligible community in recovering from the community; and adapt to changing markets and business cy- economic distress; ‘‘(E) the unique problems and needs of the cles. ‘‘(B) by ensuring that all Federal agencies community. ‘‘(11) A description and justification for the offering assistance to an eligible community ‘‘(c) DEFINITION AND SPECIAL RULES.— cost and timing of the total funds required do so in a targeted, integrated manner that ‘‘(1) EVENT DESCRIBED.—An event described by the community for economic assistance. ensures that an eligible community has ac- in this paragraph means one of the following: ‘‘(12) A graduation strategy through which cess to all available Federal assistance; ‘‘(A) A notification described in paragraph the eligible community demonstrates that ‘‘(C) by assuring timely consultation and (2). the community will terminate the need for cooperation between Federal, State, and re- ‘‘(B) A certification of a firm under section Federal assistance. gional officials concerning economic adjust- 251. ‘‘(c) GRANTS TO DEVELOP STRATEGIC ment for an eligible community; and ‘‘(C) A finding under the Antidumping Act PLANS.—The Secretary, upon receipt of an ‘‘(D) by identifying and strengthening ex- of 1921, or an antidumping or countervailing application from an eligible community, isting agency mechanisms designed to assist duty order issued under title VII of the Tar- may award a grant to that community to be used to develop and implement the strategic eligible communities in their efforts to iff Act of 1930. plan. achieve economic adjustment and workforce ‘‘(D) A determination by the Secretary reemployment; ‘‘(d) SUBMISSION OF PLAN.—A strategic plan that a significant number of fishermen in a developed under subsection (a) shall be sub- ‘‘(3) provide comprehensive technical as- community have been negatively impacted sistance to any eligible community in the ef- mitted to the Secretary for evaluation and by trade. approval. forts of that community to— ‘‘(2) NOTIFICATION.—The Secretary of ‘‘(A) identify serious economic problems in ‘‘SEC. 275. GRANTS FOR ECONOMIC DEVELOP- Labor, immediately upon making a deter- MENT. the community that are the result of nega- mination that a group of workers is eligible ‘‘(a) IN GENERAL.—The Secretary, upon ap- tive impacts from trade; for trade adjustment assistance under sec- proval of a strategic plan from an eligible ‘‘(B) integrate the major groups and orga- tion 223, (or the Secretary of Agriculture, community, may award a grant to that com- nizations significantly affected by the eco- immediately upon making a determination munity to carry out any project or program nomic adjustment; that a group of agricultural commodity pro- that is certified by the Secretary to be in- ‘‘(C) access Federal, State, and local re- ducers is eligible for adjustment assistance cluded in the strategic plan approved under sources designed to assist in economic devel- under section 293, as the case may be) shall section 274(d), or consistent with that plan. opment and trade adjustment assistance; notify the Secretary of Commerce of the de- ‘‘(b) ADDITIONAL GRANTS.—Subject to para- ‘‘(D) diversify and strengthen the commu- termination. graph (2), in order to assist eligible commu- nity economy; and ‘‘(d) NOTIFICATION TO ELIGIBLE COMMU- nities to obtain funds under Federal grant ‘‘(E) develop a community-based strategic NITIES.—Immediately upon certification by programs, other than the grants provided for plan to address economic development and the Secretary of Commerce that a commu- in section 274(c) or subsection (a), the Sec- workforce dislocation, including unemploy- nity is eligible for assistance under sub- retary may, on the application of an eligible ment among agricultural commodity pro- section (b), the Secretary shall notify the community, make a supplemental grant to ducers, and fishermen; community— the community if— ‘‘(4) establish specific criteria for submis- ‘‘(1) of the determination under subsection ‘‘(1) the purpose of the grant program from sion and evaluation of a strategic plan sub- (b); which the grant is made is to provide tech- mitted under section 274(d); ‘‘(2) of the provisions of this chapter; nical or other assistance for planning, con- ‘‘(5) establish specific criteria for submit- ‘‘(3) how to access the clearinghouse estab- structing, or equipping public works facili- ting and evaluating applications for grants lished by the Department of Commerce re- ties or to provide assistance for public serv- under section 275; and garding available economic assistance; ice projects; and

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 S15074 CONGRESSIONAL RECORD — SENATE November 18, 2003 ‘‘(2) the grant is 1 for which the commu- hance Domestic Manufacturing and Worker by inserting after the item relating to sec- nity is eligible except for the community’s Assistance Act of 2003, there shall be estab- tion 141, the following new item: inability to meet the non-Federal share re- lished in the International Trade Adminis- ‘‘Sec. 141A. Office of Small Business.’’. quirements of the grant program. tration of the Department of Commerce an S. 1885 ‘‘(c) RURAL COMMUNITY PREFERENCE.—The Office of Trade Adjustment Assistance. Secretary shall develop guidelines to ensure ‘‘(b) PERSONNEL.—The Office shall be head- Be it enacted by the Senate and House of Rep- that rural communities receive preference in ed by a Director, and shall have such staff as resentatives of the United States of America in the allocation of resources. may be necessary to carry out the respon- Congress assembled, ‘‘SEC. 276. GENERAL PROVISIONS. sibilities of the Secretary of Commerce de- SECTION 1. SHORT TITLE. ‘‘(a) REGULATIONS.—The Secretary shall scribed in this chapter. This Act may be cited as the ‘‘Manufac- prescribe such regulations as are necessary ‘‘(c) FUNCTIONS.—The Office shall assist the turing Job Production Act of 2003’’. Secretary of Commerce in carrying out the to carry out the provisions of this chapter. SEC. 2. TEMPORARY MANUFACTURING JOB CRE- Not later than 60 days before implementing Secretary’s responsibilities under this chap- ATION TAX CREDIT. ter.’’. any regulation or guideline proposed by the (a) IN GENERAL.—Subpart F of part IV of (b) CONFORMING AMENDMENT.—The table of Secretary with respect to this chapter, the subchapter A of chapter 1 (relating to rules contents for the Trade Act of 1974 is amended Secretary shall submit the regulation or for computing work opportunity credit) is by inserting after the item relating to sec- guideline to the Committee on Finance of amended by inserting after section 51A the tion 255, the following new item: the Senate and the Committee on Ways and following new section: Means of the House of Representatives for ‘‘Sec. 255A. Office of Trade Adjustment As- sistance.’’. ‘‘SEC. 51B. REFUND OF PAYROLL TAXES ATTRIB- approval. UTABLE TO NEW MANUFACTURING ‘‘(b) SUPPLEMENT NOT SUPPLANT.—Funds TITLE II—REAUTHORIZATION OF CER- EMPLOYEES DURING 2004 AND 2005. appropriated under this chapter shall be used TAIN DEPARTMENT OF COMMERCE ‘‘(a) GENERAL RULE.—In the case of an em- to supplement and not supplant other Fed- PARTNERSHIP PROGRAMS ployee’s first taxable year beginning in any eral, State, and local public funds expended SEC. 201. MANUFACTURING EXTENSION PART- applicable calendar year, the amount of the to provide economic development assistance NERSHIP PROGRAM. work opportunity credit determined under for communities. (a) IN GENERAL.—There is authorized to be section 51 (without regard to this section) for ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— appropriated for the National Institute of the taxable year shall be increased by the in- There is authorized to be appropriated to the Standards and Technology for the Manufac- creased manufacturing wages payroll tax re- Secretary to carry out this chapter amounts turing Extension Partnership Program bate amount. as follows: amounts as follows: ‘‘(b) APPLICABLE CALENDAR YEAR.—For ‘‘(1) For fiscal year 2005, $350,000,000. (1) For fiscal year 2005, $212,000,000. purposes of this section, the term ‘applicable ‘‘(2) For each of fiscal years 2006 through (2) For fiscal year 2006, $272,000,000. calendar year’ means 2004 and 2005. 2015, the amount authorized to be appro- (3) For fiscal year 2007, $332,000,000. ‘‘(c) INCREASED MANUFACTURING WAGES priated by this subsection for the preceding (4) For fiscal year 2008, $392,000,000. PAYROLL TAX REBATE AMOUNT.— fiscal year increased by a percentage equal (5) For fiscal year 2009, $452,000,000. ‘‘(1) IN GENERAL.—For purposes of this sec- to the percentage by which— (6) For fiscal year 2010, $512,000,000. tion, the term ‘increased manufacturing ‘‘(A) the Consumer Price Index (all items, (7) For fiscal year 2011, $572,000,000. wages payroll tax rebate amount’ means an United States city average) for the 12-month (8) For fiscal year 2012, $632,000,000. amount equal to the applicable percentage of period ending on the August 31 of such pre- (9) For fiscal year 2013, $692,000,000. the excess (if any) of— ceding fiscal year, exceeds (10) For fiscal year 2014, $752,000,000. ‘‘(A) the qualified manufacturing wages ‘‘(B) such Consumer Price Index for the 12- (11) For fiscal year 2015, $812,000,000. paid or incurred by the employer with re- month period preceding the 12-month period (b) MANUFACTURING EXTENSION PARTNER- spect to employment during the applicable described in subparagraph (A). Amounts ap- SHIP PROGRAM DEFINED.—In this section, the calendar year, over propriated pursuant to this subsection shall term ‘‘Manufacturing Extension Partnership ‘‘(B) the sum of— remain available until expended.’’. Program’’ means the program of Manufac- ‘‘(i) the qualified manufacturing wages (b) CONFORMING AMENDMENTS.— turing Extension Partnership carried out by paid or incurred by the employer with re- (1) TERMINATION.—Section 285(b) of the the National Institute of Standards and spect to employment during the previous Trade Act of 1974 (19 U.S.C. 2271 note) is Technology under section 26 of the National calendar year, plus amended by adding at the end the following Institute of Standards and Technology Act ‘‘(ii) an amount equal to the amount deter- new paragraph: (15 U.S.C. 278l), as provided in part 292 of mined under clause (i) multiplied by a per- ‘‘(3) ASSISTANCE FOR COMMUNITIES.—Tech- title 15, Code of Federal Regulations. centage equal to the percentage change in nical assistance and other payments may not SEC. 202. ADVANCED TECHNOLOGY PROGRAM. the contribution and benefit base under sec- be provided under chapter 4 after September There are authorized to be appropriated for tion 230 of the Social Security Act from the 30, 2015.’’. the National Institute of Standards and applicable calendar year to the previous cal- (2) TABLE OF CONTENTS.—The table of con- Technology for carrying out the Advanced endar year. tents for title II of the Trade Act of 1974 is Technology Program under section 28 of the ‘‘(2) APPLICABLE PERCENTAGE.—For pur- amended by striking the items relating to National Institute of Standards and Tech- poses of this subsection, the term ‘applicable chapter 4 of title II and inserting after the nology Act (15 U.S.C. 278n), $400,000,000 for percentage’ means— items relating to chapter 3 the following new each of fiscal years 2004 through 2013. ‘‘(A) for 2004, 50 percent, and items: TITLE III—SMALL BUSINESS OFFICE ‘‘(B) for 2005, 25 percent. ‘‘CHAPTER 4—TRADE ADJUSTMENT ASSISTANCE SEC. 301. ESTABLISHMENT OF OFFICE. ‘‘(d) OTHER DEFINITIONS AND RULES.—For FOR COMMUNITIES (a) IN GENERAL.—Chapter 4 of title I of the purposes of this section— ‘‘Sec. 271. Definitions. Trade Act of 1974 (19 U.S.C. 2171) is amended ‘‘(1) QUALIFIED MANUFACTURING WAGES.— ‘‘Sec. 272. Community Trade Adjustment by adding after section 141, the following ‘‘(A) IN GENERAL.—The term ‘qualified Assistance Program. new section: manufacturing wages’ means wages which ‘‘Sec. 273. Certification and notification. ‘‘SEC. 141A. SMALL BUSINESS OFFICE. are paid by the taxpayer and included under ‘‘Sec. 274. Strategic plans. ‘‘(a) ESTABLISHMENT.—Not later than 90 section 263A in the cost of property produced ‘‘Sec. 275. Grants for economic develop- days after the date of enactment of the En- by the taxpayer. ment. hance Domestic Manufacturing and Worker ‘‘(B) WAGES.—The term ‘wages’ has the ‘‘Sec. 276. General provisions.’’. Assistance Act of 2003, there shall be estab- meaning given such term by section 3121(a), (c) JUDICIAL REVIEW.—Section 284(a) of the lished in the Office of the United States except that in the case of any employer sub- Trade Act of 1974 (19 U.S.C. 2395(a)) is amend- Trade Representative an Office of Small ject to tax under chapter 22 with respect to ed by striking ‘‘section 271’’ and inserting Business. any employee, the such term includes com- ‘‘section 273’’. ‘‘(b) PERSONNEL.—The Office shall be head- pensation within the meaning of section (d) EFFECTIVE DATE.—The provisions of ed by a Director, and shall have such staff as 3231(e). this section shall take effect on October 1, may be necessary to carry out the functions ‘‘(C) UNITED STATES.—For purposes of this 2004. and responsibilities described in this section. paragraph, the term ‘United States’ includes SEC. 103. OFFICE OF TRADE ADJUSTMENT AS- ‘‘(c) FUNCTIONS.—The Office shall— the territories and possessions of the United SISTANCE. ‘‘(1) assist the United States Trade Rep- States. (a) IN GENERAL.—Chapter 3 of title II of the resentative in carrying out the Trade Rep- ‘‘(2) PREDECESSORS.—Any reference in this Trade Act of 1974 (19 U.S.C. 2341 et seq.) is resentative’s responsibilities under this section to an employer shall include a ref- amended by inserting after section 255 the chapter; and erence to a predecessor. following new section: ‘‘(2) ensure that small business manufac- ‘‘(3) OTHER RULES.—Rules similar to the ‘‘SEC. 255A. OFFICE OF TRADE ADJUSTMENT AS- turing issues are taken into consideration in rules of sections 51(k) and 52 shall apply. SISTANCE. carrying out those responsibilities.’’. ‘‘(e) REGULATIONS.—The Secretary shall ‘‘(a) ESTABLISHMENT.—Not later than 90 (b) CONFORMING AMENDMENT.—The table of prescribe such regulations as may be nec- days after the date of enactment of the En- contents for the Trade Act of 1974 is amended essary to carry out this section, including

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15075

regulations for the application of this sec- from certain small business stock) is amend- ‘‘(A) IN GENERAL.—The term ‘eligible small tion in the case of acquisitions and disposi- ed by striking ‘‘other than a corporation’’. business’ means, with respect to any taxable tions.’’. (B) TECHNICAL AMENDMENT.—Subsection (c) year, any person if— (b) CONFORMING AMENDMENT.—The table of of section 1202 is amended by adding at the ‘‘(i) such person meets the active business sections for subpart F of part IV of sub- end the following new paragraph: requirements of section 1202(e) throughout chapter A of chapter 1 is amended by insert- ‘‘(4) STOCK HELD AMONG MEMBERS OF CON- such taxable year, ing after the item relating to section 51A the TROLLED GROUP NOT ELIGIBLE.—Stock of a ‘‘(ii) the taxpayer has gross receipts of following new item: member of a parent-subsidiary controlled $10,000,000 or less for the taxable year, ‘‘Sec. 51B. Refund of payroll taxes attrib- group (as defined in subsection (d)(3)) shall ‘‘(iii) the gross receipts of the taxpayer for utable to new manufacturing not be treated as qualified small business such taxable year are at least 10 percent employees during 2004 and stock while held by another member of such greater than the average annual gross re- 2005.’’. group.’’. ceipts of the taxpayer (or any predecessor) SEC. 3. MODIFICATIONS OF EXCLUSIONS AND (4) STOCK OF LARGER BUSINESSES ELIGIBLE for the 2 prior taxable years, and ROLLOVERS OF GAIN ON QUALIFIED FOR EXCLUSION.— ‘‘(iv) the taxpayer uses an accrual method SMALL BUSINESS STOCK. (A) IN GENERAL.—Paragraph (1) of section of accounting. (a) EXCLUSION OF GAIN ON QUALIFIED SMALL 1202(d) (defining qualified small business) is ‘‘(B) CERTAIN RULES TO APPLY.—Rules simi- BUSINESS STOCK.— amended by striking ‘‘$50,000,000’’ each place lar to the rules of paragraphs (2) and (3) of (1) INCREASE IN EXCLUSION PERCENTAGE.— it appears and inserting ‘‘$100,000,000’’. section 448(c) shall apply for purposes of this (A) IN GENERAL.—Section 1202(a)(1) (relat- (B) INFLATION ADJUSTMENT.—Section subsection. ing to exclusion for gain from certain small 1202(d) (defining qualified small business) is ‘‘(2) QUALIFIED MANUFACTURER.—The term business stock) is amended by striking ‘‘50 amended by adding at the end the following: ‘qualified manufacturer’ means an eligible percent’’ and inserting ‘‘75 percent’’. ‘‘(5) INFLATION ADJUSTMENT OF ASSET LIMI- small business substantially all of the busi- (B) 100-PERCENT EXCLUSION FOR CRITICAL TATION.—In the case of stock issued in any ness activities of which are in connection TECHNOLOGY, SMALL MANUFACTURING, AND calendar year after 2004, the $100,000,000 with manufacturing (as determined under SPECIALIZED SMALL BUSINESS INVESTMENT amount contained in paragraph (1) shall be the North American Industrial Classification BUSINESSES.—Section 1202(a) is amended by increased by an amount equal to— System). adding at the end the following new para- ‘‘(A) such dollar amount, multiplied by ‘‘(d) DATE FOR PAYMENT OF INSTALLMENTS; graph: TIME FOR PAYMENT OF INTEREST.— ‘‘(B) the cost-of-living adjustment deter- ‘‘(3) CRITICAL TECHNOLOGY, SMALL MANUFAC- ‘‘(1) DATE FOR PAYMENT OF INSTALLMENTS.— mined under section 1(f)(3) for the calendar TURING, AND SPECIALIZED SMALL BUSINESS IN- ‘‘(A) IN GENERAL.—If an election is made year, determined by substituting ‘calendar VESTMENT BUSINESSES.— under this section for any taxable year, the year 2003’ for ‘calendar year 1992’ in subpara- ‘‘(A) IN GENERAL.—In the case of qualified first installment shall be paid on or before graph (B) thereof. small business stock acquired after the date the due date for such installment and each of the enactment of this paragraph which is If any amount as adjusted under the pre- succeeding installment shall be paid on or stock in— ceding sentence is not a multiple of $10,000, before the date which is 1 year after the date ‘‘(i) a critical technology corporation, such amount shall be rounded to the nearest prescribed by this paragraph for payment of ‘‘(ii) a manufacturing corporation, or multiple of $10,000.’’. the preceding installment. ‘‘(iii) a corporation which is a specialized (b) INCREASE IN PERIOD TO PURCHASE RE- ‘‘(B) DUE DATE FOR FIRST INSTALLMENT.— small business investment company (as de- PLACEMENT STOCK AND QUALIFY FOR ROLL- The due date for the first installment for a fined in subsection (c)(2)(B)(ii)), OVER.— taxable year shall be whichever of the fol- paragraph (1) shall be applied by substituting (1) IN GENERAL.—Section 1045(a)(2) (relating lowing is the earliest: ‘100 percent’ for ‘75 percent’. to nonrecognition of gain) is amended by ‘‘(i) The date selected by the taxpayer. ‘‘(B) CRITICAL TECHNOLOGY CORPORATION.— striking ‘‘60-day’’ and inserting ‘‘180-day’’. ‘‘(ii) The date which is 2 years after the The term ‘critical technology corporation’ (2) CONFORMING AMENDMENT.—Section date prescribed by section 6151(a) for pay- means a corporation substantially all of the 1045(b)(2) is amended by striking ‘‘60-day’’ ment of the tax for such taxable year. active business activities of which during and inserting ‘‘180-day’’. ‘‘(2) TIME FOR PAYMENT OF INTEREST.—If substantially all of a taxpayer’s holding pe- (c) EFFECTIVE DATES.— the time for payment of any amount of tax riod of stock in the corporation are in con- (1) EXCLUSION.—The amendments made by has been extended under this section— nection with— subsection (a) shall apply to stock issued ‘‘(A) INTEREST FOR PERIOD BEFORE DUE DATE ‘‘(i) transportation or homeland security after the date of the enactment of this Act. OF FIRST INSTALLMENT.—Interest payable technologies, (2) ROLLOVER.—The amendment made by under section 6601 on any unpaid portion of ‘‘(ii) antiterrorism technologies, subsection (b) shall apply to sales after the such amount attributable to the period be- ‘‘(iii) technologies enhancing security by date of the enactment of this Act. fore the due date for the first installment improving methods of personal identification SEC. 4. DEFERRED PAYMENT OF TAX BY CERTAIN shall be paid annually. (including biometrics), SMALL BUSINESSES. ‘‘(B) INTEREST DURING INSTALLMENT PE- ‘‘(iv) environmental technologies for pollu- (a) IN GENERAL.—Subchapter B of chapter RIOD.—Interest payable under section 6601 on tion minimization, remediation, or waste 62 of the Internal Revenue Code of 1986 (re- any unpaid portion of such amount attrib- management, lating to extensions of time for payment of utable to any period after such period shall ‘‘(v) national defense technologies, or tax) is amended by adding at the end the fol- be paid at the same time as, and as a part of, ‘‘(vi) energy efficiency or the development lowing new section: each installment payment of the tax. of non-fossil based fuel source technologies. ‘‘SEC. 6168. EXTENSION OF TIME FOR PAYMENT ‘‘(C) INTEREST IN THE CASE OF CERTAIN DEFI- ‘‘(C) MANUFACTURING CORPORATION.—The OF TAX FOR CERTAIN SMALL BUSI- CIENCIES.—In the case of a deficiency to term ‘manufacturing corporation’ means a NESSES. which subsection (e)(3) applies for a taxable corporation substantially all of the active ‘‘(a) IN GENERAL.—An eligible small busi- year which is assessed after the due date for business activities of which during substan- ness may elect to pay the tax imposed by the first installment for such year, interest tially all of a taxpayer’s holding period of chapter 1 in 4 equal installments (6 equal in- attributable to the period before such due stock in the corporation are in connection stallments in the case of a qualified manu- date, and interest assigned under subpara- with manufacturing (as determined under facturer). graph (B) to any installment the date for the North American Industrial Classification ‘‘(b) LIMITATION.—The maximum amount of payment of which has arrived on or before System).’’. tax which may be paid in installments under the date of the assessment of the deficiency, (C) EMPOWERMENT ZONE CONFORMING this section for any taxable year shall not shall be paid upon notice and demand from AMENDMENT.—Section 1202(a)(2)(A) is amend- exceed whichever of the following is the the Secretary. ed— least: ‘‘(e) SPECIAL RULES.— (i) by striking ‘‘60 percent’’ and inserting ‘‘(1) The tax imposed by chapter 1 for the ‘‘(1) APPLICATION OF LIMITATION TO PART- ‘‘100 percent’’, and taxable year. NERS AND S CORPORATION SHAREHOLDERS.— (ii) by striking ‘‘50 percent’’ and inserting ‘‘(2) The amount contributed by the tax- ‘‘(A) IN GENERAL.—In applying this section ‘‘75 percent’’. payer into a BRIDGE Account during such to a partnership which is an eligible small (2) DECREASE IN HOLDING PERIOD.— year. business— (A) IN GENERAL.—Section 1202(a)(1) is ‘‘(3) The excess of— ‘‘(i) the election under subsection (a) shall amended by striking ‘‘5 years’’ and inserting ‘‘(A) $250,000 ($400,000 in the case of a quali- be made by the partnership, ‘‘4 years’’. fied manufacturer), over ‘‘(ii) the amount referred to in subsection (B) CONFORMING AMENDMENT.—Section ‘‘(B) the aggregate amount of tax for which (b)(1) shall be the sum of each partner’s tax 1202(j)(1)(A) is amended by striking ‘‘5 years’’ an election under this section was made by which is attributable to items of the partner- and inserting ‘‘4 years’’. the taxpayer (or any predecessor) for all ship and assuming the highest marginal rate (3) EXCLUSION AVAILABLE TO CORPORA- prior taxable years. under section 1, and TIONS.— ‘‘(c) DEFINITIONS.—For proposes of this sec- ‘‘(iii) the partnership shall be treated as (A) IN GENERAL.—Subsection (a) of section tion— the taxpayer referred to in paragraphs (2) 1202 (relating to partial exclusion for gains ‘‘(1) ELIGIBLE SMALL BUSINESS.— and (3) of subsection (b).

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 S15076 CONGRESSIONAL RECORD — SENATE November 18, 2003

‘‘(B) OVERALL LIMITATION ALSO APPLIED AT (b) PRIORITY OF LENDER.—Subsection (b) of ment, and Education in America Act’’ or the PARTNER LEVEL.—In the case of a partner in section 6323 of the Internal Revenue Code of ‘‘MADE in America Act’’. a partnership, the limitation under sub- 1986 (relating to protection for certain inter- (b) TABLE OF CONTENTS.—The table of con- section (b)(3) shall be applied at the partner- ests even though notice filed) is amended by tents for this Act is as follows: ship and partner levels. adding at the end the following new para- Sec. 1. Short title; table of contents. ‘‘(C) SIMILAR RULES FOR S CORPORATIONS.— graph: Sec. 2. Definition of small manufacturer. Rules similar to the rules of subparagraphs ‘‘(11) LOANS SECURED BY BRIDGE AC- TITLE I—NATIONAL OFFICE FOR THE DE- (A) and (B) shall apply to shareholders in an COUNTS.—With respect to a BRIDGE account VELOPMENT OF SMALL MANUFACTUR- S corporation. (as defined in section 6168(f)) with any bank ERS ‘‘(2) ACCELERATION OF PAYMENT IN CERTAIN (as defined in section 408(n)), to the extent of CASES.— any loan made by such bank without actual Sec. 101. Establishment of office. ‘‘(A) IN GENERAL.—If— notice or knowledge of the existence of such TITLE II—INVESTING IN THE FUTURE OF ‘‘(i) the taxpayer ceases to meet the re- lien, as against such bank, if such loan is se- MANUFACTURING quirement of subsection (c)(1)(A)(i), or cured by such account.’’. Sec. 201. Increased access to capital. ‘‘(ii) there is an ownership change with re- (c) CLERICAL AMENDMENT.—The table of Sec. 202. Loans and investments in small spect to the taxpayer, sections for subchapter B of chapter 62 of the manufacturers. then the extension of time for payment of Internal Revenue Code of 1986 is amended by TITLE III—EXPORT ASSISTANCE FOR tax provided in subsection (a) shall cease to adding at the end the following new item: SMALL MANUFACTURERS apply, and the unpaid portion of the tax pay- ‘‘Sec. 6168. Extension of time for payment of Sec. 301. Small Business Foreign Patent able in installments shall be paid on or be- tax for certain small busi- Protection Grant Pilot Pro- fore the due date for filing the return of tax nesses.’’. gram. imposed by chapter 1 for the first taxable year following such cessation. (d) EFFECTIVE DATE.—The amendments SEC. 2. DEFINITION OF SMALL MANUFACTURER. made by this section shall apply to taxable ‘‘(B) OWNERSHIP CHANGE.—For purposes of (a) SMALL BUSINESS ACT.—Section 3(j) of subparagraph, in the case of a corporation, years beginning after December 31, 2003. the Small Business Act (15 U.S.C. 632(j)) is (e) STUDY BY GENERAL ACCOUNTING OF- the term ‘ownership change’ has the mean- amended by striking ‘‘For the purposes of FICE.— ing given to such term by section 382. Rules section 7(b)(2) of this Act, the term’’ and in- (1) STUDY.—In consultation with the Sec- similar to the rules applicable under the pre- serting ‘‘As used in this Act— ceding sentence shall apply to a partnership. retary of the Treasury, the Comptroller Gen- ‘‘(1) the term ‘small manufacturer’ means eral of the United States shall undertake a ‘‘(3) PRORATION OF DEFICIENCY TO INSTALL- a small business concern (as defined in sub- study to evaluate the applicability (includ- MENTS.—Rules similar to the rules of section section (a))— 6166(e) shall apply for purposes of this sec- ing administrative aspects) and impact of ‘‘(A) whose primary business is classified tion. the amendments made by section 4 of the in sector 31, 32, or 33 of the North American ‘‘(f) BRIDGE ACCOUNT.—For purposes of Manufacturing Job Production Act of 2003, Industrial Classification System; and this section— including how it affects the capital funding ‘‘(B) whose production facilities are all lo- ‘‘(1) IN GENERAL.—The term ‘BRIDGE Ac- needs of businesses under the Act and num- cated in the United States; and count’ means a trust created or organized in ber of businesses benefiting. ‘‘(2) the term’’. the United States for the exclusive benefit of (2) REPORT.—Not later than March 31, 2007, (b) SMALL BUSINESS INVESTMENT ACT OF an eligible small business, but only if the the Comptroller General shall transmit to 1958.—Section 103 of the Small Business In- written governing instrument creating the the Committee on Ways and Means of the vestment Act of 1958 (15 U.S.C. 662) is amend- trust meets the following requirements: House of Representatives and the Committee ed— ‘‘(A) No contribution will be accepted for on Finance of the Senate a written report (1) in paragraph (16), by striking ‘‘and’’ at any taxable year in excess of the amount al- presenting the results of the study conducted the end; lowed as a deferral under subsection (b) for pursuant to this subsection, together with (2) in paragraph (17), by striking the period such year. such recommendations for legislative or ad- at the end and inserting ‘‘; and’’; and ‘‘(B) The trustee is a bank (as defined in ministrative changes as the Comptroller (3) by adding at the end the following: section 408(n)) or another person who dem- General determines are appropriate. ‘‘(18) the term ‘small manufacturer’ means onstrates to the satisfaction of the Secretary SEC. 5. PERMANENT EXTENSION OF INCREASED a small business concern (as defined in sec- that the manner in which such person will EXPENSING FOR SMALL BUSI- tion 3(a) of the Small Business Act)— administer the trust will be consistent with NESSES. ‘‘(A) whose primary business is classified the requirements of this section. (a) IN GENERAL.—Paragraph (1) of section in sector 31, 32, or 33 of the North American ‘‘(C) The assets of the trust consist en- 179(b) of the Internal Revenue Code of 1986 Industrial Classification System; and tirely of cash or of obligations which have (relating to dollar limitation) is amended by ‘‘(B) whose production facilities are all lo- adequate stated interest (as defined in sec- striking ‘‘$25,000 ($100,000 in the case of tax- cated in the United States.’’. able years beginning after 2002 and before tion 1274(c)(2)) and which pay such interest TITLE I—NATIONAL OFFICE FOR THE DE- not less often than annually. 2006)’’ and inserting ‘‘$100,000’’. (b) INCREASE IN QUALIFYING INVESTMENT AT VELOPMENT OF SMALL MANUFACTUR- ‘‘(D) The assets of the trust will not be ERS commingled with other property except in a WHICH PHASEOUT BEGINS.—Paragraph (2) of common trust fund or common investment section 179(b) of the Internal Revenue Code SEC. 101. ESTABLISHMENT OF OFFICE. fund. of 1986 (relating to reduction in limitation) is (a) IN GENERAL.—The Small Business Act ‘‘(E) Amounts in the trust may be used amended by striking ‘‘$200,000 ($400,000 in the (15 U.S.C. 631 et seq.) is amended— only— case of taxable years beginning after 2002 and (1) by redesignating section 36 as section ‘‘(i) as security for a loan to the business before 2006)’’ and inserting ‘‘$400,000’’. 37; and (c) OFF-THE-SHELF COMPUTER SOFTWARE.— or for repayment of such loan, or (2) by inserting after section 35 the fol- Paragraph (1) of section 179(d) of the Internal ‘‘(ii) to pay the installments under this lowing: Revenue Code of 1986 (defining section 179 section. ‘‘SEC. 36. NATIONAL OFFICE FOR DEVELOPMENT property) is amended by striking ‘‘, and OF SMALL MANUFACTURERS. ‘‘(2) ACCOUNT TAXED AS GRANTOR TRUST.— which is placed in service in a taxable year The grantor of a BRIDGE Account shall be ‘‘(a) ESTABLISHMENT.—There is established beginning after 2002 and before 2006’’. treated for purposes of this title as the in the Administration the National Office for (d) INFLATION ADJUSTMENT.—Subparagraph owner of such Account and shall be subject the Development of Small Manufacturers (A) of section 179(b)(5) of the Internal Rev- to tax thereon in accordance with subpart E (referred to in this section as the ‘Office’) to enue Code of 1986 (relating to inflation ad- of part I of subchapter J of this chapter (re- cultivate and develop small manufacturers justments) is amended by striking ‘‘and be- lating to grantors and others treated as sub- through a variety of means. fore 2006’’. ‘‘(b) ASSOCIATE ADMINISTRATOR FOR SMALL stantial owners). (e) REVOCATION OF ELECTION.—Paragraph ‘‘(3) TIME WHEN PAYMENTS DEEMED MADE.— MANUFACTURING.— (2) of section 179(c) of the Internal Revenue ‘‘(1) APPOINTMENT.—The Office shall be ad- For purposes of this section, a taxpayer shall Code of 1986 is amended by striking the last be deemed to have made a payment to a ministered by the Associate Administrator sentence. for Small Manufacturing (referred to in this BRIDGE Account on the last day of a taxable (f) EFFECTIVE DATE.—The amendments year if such payment is made on account of section as the ‘Associate Administrator’), made by this section shall apply to taxable who shall be appointed under section 4(b)(1). such taxable year and is made within 31⁄2 years beginning after December 31, 2003. months after the close of such taxable year. ‘‘(2) RESPONSIBILITIES.—In administering S. 1886 ‘‘(g) REPORTS.—The Secretary may require the Office, the Associate Administrator, who such reporting as the Secretary determines Be it enacted by the Senate and House of Rep- shall be an appointee in the Senior Executive to be appropriate to carry out this section. resentatives of the United States of America in Service, shall— ‘‘(h) APPLICATION OF SECTION.—This section Congress assembled, ‘‘(A) oversee and coordinate the formula- shall apply to taxes imposed for taxable SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion, execution, and promotion of policies years beginning after December 31, 2003, and (a) SHORT TITLE.—This Act may be cited as and programs of the Administration that before January 1, 2008.’’. the ‘‘Manufacturing Assistance, Develop- provide assistance to small manufacturers,

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15077 including the creation of the Manufacturing under this subsection shall be the amount for a 4-year period beginning not sooner than Corps; determined under subparagraph (A), subject the date on which the graduate submits an ‘‘(B) direct Federal agencies and depart- to any modifications required under subpara- application under paragraph (6)(B). Aggre- ments to provide information regarding their graph (C), and shall be based on the amount gate payments to any individual under this manufacturing resources and programs, and available for the fiscal year in which per- paragraph may not exceed $25,000. to take appropriate action to enhance assist- formance of the grant commences, but not ‘‘(C) RENEWAL.—After the initial 4-year ance to small manufacturers; including amounts distributed in accordance term established under subparagraph (B) has ‘‘(C) coordinate the activities, and delivery with subparagraph (D). The amount of a been completed, the State may annually of such activities, of Federal agencies and grant received by a State under any provi- renew its commitment under subparagraph departments relating to manufacturing; sion of this subparagraph shall not exceed (B) for successive 1-year periods if the col- ‘‘(D) coordinate the activities of Federal the amount of matching funds from sources lege graduate commits to continue working agencies with manufacturing activities of other than the Federal Government, as re- for the small manufacturer. the States; and quired under paragraph (7). ‘‘(D) MAXIMUM COMPENSATION.—Individuals ‘‘(E) consult with and report to the Admin- ‘‘(C) MINIMUM FUNDING LEVEL.—Each State whose gross annual compensation (including istrator regarding the fulfillment of respon- shall receive a block grant under this sub- bonuses) from the small manufacturer is sibilities under this subsection. section in an amount not less than— greater than $60,000 are ineligible to partici- ‘‘(c) MANUFACTURING CORPS.— ‘‘(i) $200,000 for any fiscal year in which the pate in the student loan repayment program ‘‘(1) ESTABLISHMENT.—The Administrator total amount appropriated for grants under authorized by this paragraph. shall establish a program within the Office this subsection is not more than $25,000,000; ‘‘(6) APPLICATION.— to be known as the Manufacturing Corps to ‘‘(ii) $300,000 for any fiscal year in which ‘‘(A) INSTITUTIONAL APPLICANTS.—Any eli- focus on the education and training of the the total amount appropriated for grants gible entity desiring funding under this sub- existing and potential workforce of small under this subsection is more than section shall submit a proposal to the appro- manufacturers. $25,000,000, but not more than $50,000,000; priate representative of the State in which it ‘‘(2) ADMINISTRATION.—The Manufacturing ‘‘(iii) $400,000 for any fiscal year in which is located. Corps shall be administered by the Associate the total amount appropriated for grants ‘‘(B) INDIVIDUAL APPLICANTS.—Any college Administrator. under this subsection is more than graduate desiring to participate in the stu- ‘‘(3) RESPONSIBILITIES.—The Manufacturing $50,000,000, but not more than $75,000,000; and dent loan repayment program authorized Corps shall address the pressing need for ‘‘(iv) $500,000 for any fiscal year in which under paragraph (5) shall submit an applica- more skilled workers by promoting voca- the total amount appropriated for grants tion to the appropriate representative of the tional, technical, and academic education re- under this subsection is more than State in which the graduate resides in such lating to the manufacturing sector. $75,000,000. form as such representative may reasonably ‘‘(4) CURRICULUM DEVELOPMENT.— ‘‘(D) DISTRIBUTIONS.—Subject to subpara- require. ‘‘(A) OUTREACH.—The Associate Adminis- graph (C), if any State does not apply for, or ‘‘(C) CRITERIA.—States may determine trator shall regularly seek input from small use, its full funding eligibility for a fiscal which applicants receive funding under this manufacturers regarding the human capital year, the Administration shall distribute the subsection based upon specific needs and needs of the manufacturing industry. remaining funds as supplemental grants to available resources. ‘‘(B) COOPERATION.—The input received any State, as the Administration deter- ‘‘(7) MATCHING REQUIREMENT.— under subparagraph (A) shall be used to de- mines, in its discretion, to be appropriate. ‘‘(A) YEARS 1 AND 2.—During each of the velop, and annually update, a detailed manu- ‘‘(3) ELIGIBLE ENTITIES.—Secondary, voca- first and second years of the grant program facturing training curriculum for each State tional, and postsecondary schools that re- established under this subsection, each State through the cooperative effort of small man- ceive public funding, manufacturing exten- receiving a block grant under this subsection ufacturers and educational institutions. sion partnerships, small business develop- shall provide $1 in non-Federal funding for ‘‘(d) MANUFACTURING TRAINING BLOCK ment centers, women’s business centers, and each $3 received in Federal funding under GRANTS.— similar nonprofit organizations shall be eli- this section. ‘‘(1) GRANTS AUTHORIZED.—The Adminis- gible to receive grant funds from States ‘‘(B) YEARS 3 AND 4.—During each of the trator, in consultation with the Associate under this subsection. third and fourth years of the grant program Administrator, shall award block grants to ‘‘(4) USE OF FUNDS.— established under this subsection, each State States, which shall allocate grant funds to ‘‘(A) IN GENERAL.—Grants awarded under receiving a block grant under this subsection individuals and eligible entities to develop this section may only be used to develop and shall provide $1 in non-Federal funding for and implement manufacturing training pro- implement vocational, technical, or aca- each $2 received in Federal funding under grams. demic training programs to educate and en- this section. ‘‘(2) FUNDING FORMULA.— hance the skills of— ‘‘(C) YEARS 5 THROUGH 10.—During each of ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(i) individuals working in the field of the fifth through tenth years of the grant (C), the amount of a formula grant received manufacturing; and program established under this subsection, by a State under this subsection shall be ‘‘(ii) students who are interested in work- each State receiving a block grant under this equal to an amount determined in accord- ing in the field of manufacturing. subsection shall provide $1 in non-Federal ance with the following formula: ‘‘(B) SECONDARY SCHOOLS.—Secondary funding for each $1 received in Federal fund- ‘‘(i) The annual amount made available schools may use funds received under this ing under this section. under subsection (i) for the Manufacturer subsection to develop and conduct vocational ‘‘(8) STATE REPORTING REQUIREMENT.—Each Corps Program shall be divided on a pro rata and technology training to high school stu- State receiving a grant under this subsection basis, based on the percentage of the popu- dents to prepare students who are not plan- shall provide sufficient information to the lation of each State, as compared to the pop- ning to attend college immediately after Administration about the distribution of ulation of the United States. graduation for employment in the field of grant funds to complete the report required ‘‘(ii) If the pro rata amount calculated manufacturing. Schools are encouraged to under subsection (e). under clause (i) for any State is less than the partner with small manufacturers to address ‘‘(9) DEFINED TERM.—As used in this sub- minimum funding level under subparagraph their skilled worker needs and to provide section, the term ‘State’ has the meaning (C), the Administration shall determine the employment opportunities for students after given the term in section 34(a). aggregate amount necessary to achieve that graduation. ‘‘(e) BUSINESSLINC MANUFACTURING.— minimum funding level for each such State. ‘‘(C) CONTINUING EDUCATION.—Manufac- ‘‘(1) IN GENERAL.—In accordance with this ‘‘(iii) The aggregate amount calculated turing extension partnerships, small busi- subsection, the Administrator may make under clause (ii) shall be deducted from the ness development centers, women’s business grants to and enter into cooperative agree- amount calculated under clause (i) for States centers, and similar nonprofit organizations ments with any coalition of private entities, eligible to receive more than the minimum may use funds received under this subsection public entities, or any combination of pri- funding level. The deductions shall be made to assist existing manufacturing workers to vate and public entities— on a pro rata basis, based on the population improve their skills and advance their tech- ‘‘(A) to expand business-to-business rela- of each such State, as compared to the total nical abilities. tionships between large and small manufac- population of all such States. ‘‘(5) STUDENT LOAN REPAYMENT PROGRAM.— turers; and ‘‘(iv) The aggregate amount deducted ‘‘(A) IN GENERAL.—States may use grant ‘‘(B) to provide large and small manufac- under clause (iii) shall be added to the grants funds received under this subsection to en- turers, directly or indirectly, with online in- of those States that are not eligible to re- courage recent college graduates to work for formation and a database of companies that ceive more than the minimum funding level a small manufacturer by repaying a portion are interested in mentor-protege programs in order to achieve the minimum funding of their student loans during the period of or community-based, statewide, or local level for each such State, except that the eli- such employment. business development programs. gible amount of a grant to any State shall ‘‘(B) MAXIMUM AMOUNTS.—A State may ‘‘(2) MATCHING REQUIREMENT.—Subject to not be reduced to an amount below the min- make payments of not more than $300 per subparagraph (B), the Administrator may imum funding level. month toward the student loan principal and make a grant to a coalition under paragraph ‘‘(B) GRANT DETERMINATION.—The amount interest of any college graduate who has (1) only if the coalition provides for activi- of a grant that a State is eligible to apply for committed to work for a small manufacturer ties described in paragraph (1)(A) or (1)(B) an

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 S15078 CONGRESSIONAL RECORD — SENATE November 18, 2003 amount, either in kind or in cash, equal to $1,000,000 (or if the gross loan amount would manner and subject to the same terms and the grant amount. exceed $2,000,000), except as provided in sub- conditions as would otherwise be applicable ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— paragraphs (B) and (D) and paragraph (14), to any other loan made under this sub- There are authorized to be appropriated to plus an amount not to exceed the maximum section. carry out this subsection $2,000,000 for each amount of a development company financing ‘‘(iv) AUTHORITY TO INCREASE OR WAIVE SIZE of the fiscal years 2004 through 2008, which under title V of the Small Business Invest- STANDARDS AND SIZE REGULATIONS.— shall remain available until expended. ment Act of 1958 (15 U.S.C. 695 et seq.), and ‘‘(I) IN GENERAL.—At the discretion of the ‘‘(f) WEBSITE FOR SMALL MANUFACTUR- the Administration shall report to Congress Administrator, the Administrator may in- ERS.—The Associate Administrator shall es- in its annual budget request and perform- crease or waive otherwise applicable size tablish a website that contains information ance plan on the number of small business standards or size regulations with respect to for small manufacturers regarding— concerns that have financings under this businesses applying for disaster loans under ‘‘(1) entrepreneurial development assist- subsection and under title V of the Small this subparagraph. ance; Business Investment Act of 1958, and the ‘‘(II) EXEMPTION FROM ADMINISTRATIVE PRO- ‘‘(2) access to capital; total amount and general performance of CEDURES.—The provisions of subchapter II of ‘‘(3) specific outreach programs; such financings;’’; chapter 5, of title 5, United States Code, ‘‘(4) contracting opportunities; and (C) in subparagraph (B)— shall not apply to any increase or waiver by ‘‘(5) research and development projects. (i) by striking ‘‘$1,250,000’’ and inserting the Administrator under subclause (I).’’. ‘‘(g) MENTOR-PROTEGE PROGRAM.—The As- ‘‘$1,300,000’’; and (c) MICROLOANS.—Section 7(m) of the Small sociate Administrator shall establish a men- (ii) by striking ‘‘and’’ at the end; Business Act (15 U.S.C. 636(m)) is amended— tor-protege program that pairs small manu- (D) in subparagraph (C), by striking the pe- (1) in paragraph (1)— facturers with larger, more experienced man- riod at the end and inserting ‘‘; and’’; and (A) in subparagraph (A)— ufacturers to provide guidance regarding— (E) by adding at the end the following: (i) in clause (iii), by striking ‘‘and’’ at the ‘‘(1) management practices; ‘‘(D) to a small manufacturer if the total end; ‘‘(2) domestic and foreign marketing; amount outstanding and committed to the (ii) in clause (iv), by striking the period at ‘‘(3) efficiency improvements; and borrower from the business loan and invest- the end and inserting ‘‘; and’’; and ‘‘(4) product development. ment fund established by this Act would ex- (iii) by adding at the end the following: ‘‘(h) REPORT.— ceed $2,000,000 (or if the gross loan amount ‘‘(v) to assist small manufacturers.’’; and ‘‘(1) IN GENERAL.—The Administrator, in would exceed $4,000,000).’’; and (B) in subparagraph (B)(iii), by inserting consultation with the Associate Adminis- (2) in paragraph (14), by adding at the end ‘‘(or $50,000 if the borrower is a small manu- trator, shall submit an annual report on the the following: facturer)’’ after ‘‘$35,000’’; and implementation of this section to the Com- ‘‘(D) The total amount of financings under (2) in paragraph (3)(E)— mittee on Small Business and Entrepreneur- this paragraph that are outstanding and (A) by striking ‘‘In no case shall an inter- ship of the Senate and the Committee on committed (by participation or otherwise) to mediary’’ and inserting ‘‘An intermediary Small Business of the House of Representa- the borrower from the business loan and in- may not’’; and tives. vestment fund established under this Act (B) by inserting before the period at the ‘‘(2) CONTENTS.—Each report submitted may not exceed $1,300,000 and the gross loan end the following: ‘‘, unless the borrower is a under paragraph (1) shall include, for the re- amount under this paragraph may not ex- small manufacturer. An intermediary may porting period— ceed $2,600,000.’’. not make a loan to a small manufacturer ‘‘(A) the number of persons assisted under (b) DISASTER LOANS.—Section 7(b)(3) of the under this section of more than $50,000, or Small Business Act (15 U.S.C. 636(b)) is this section, categorized by type of assist- have outstanding or committed to any small amended by inserting after subparagraph (F) ance received; manufacturer more than $50,000’’. the following: ‘‘(B) the number of persons described under SEC. 202. LOANS AND INVESTMENTS IN SMALL ‘‘(G) LIMITATION ON SALES OF LOANS.—The subparagraph (A) who had previously re- MANUFACTURERS. Administration may not sell a loan under ceived assistance under this section; (a) MANUFACTURING LOANS.— this subsection as part of an asset sale. ‘‘(C) the number of persons described in (1) JOB CREATION OR RETENTION STAND- ‘‘(H) SMALL MANUFACTURERS.— subparagraph (A) who are working in the ARDS.—Section 501 of the Small Business In- ‘‘(i) MAXIMUM LOAN AMOUNT.—Notwith- manufacturing sector; vestment Act of 1958 (15 U.S.C. 695) is amend- standing subparagraph (E), the Administra- ed— ‘‘(D) the number and amount of grants tion may make a disaster loan to a small awarded under this section, categorized by (A) in subsection (d)(2), by inserting ‘‘in- manufacturer under this paragraph, either creasing the productive capacity of small type of recipient; directly or in cooperation with banks or ‘‘(E) the number of small manufacturers manufacturers,’’ after ‘‘area’’; and other lending institutions through agree- (B) by striking the undesignated paragraph receiving grant funds under this section; and ments to participate on an immediate or de- ‘‘(F) the net increase in manufacturing at the end and inserting the following: ferred basis, in an amount greater than ‘‘(e) JOB CREATION OR RETENTION.—A jobs available at the small manufacturers $1,500,000, if the total amount outstanding project being funded by the debenture is described in subparagraph (E); and committed to the borrower does not ex- deemed to satisfy the job creation or reten- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ceed $5,000,000. tion requirement under subsection (d)(1) if There are authorized to be appropriated ‘‘(ii) REFINANCING DISASTER LOANS.—Any the project creates or retains— $275,000,000 for each of the fiscal years 2005 loan made to a small manufacturer under ‘‘(1) 1 job opportunity for every $50,000 through 2014 to carry out this subsections (c) this subparagraph that was outstanding on guaranteed by the Administration; or and (d).’’. the date of the disaster may be refinanced by ‘‘(2) in the case of a manufacturing project, (b) CONFORMING AMENDMENTS.—Section a small manufacturer that is also eligible to 1 job opportunity for every $100,000 guaran- 4(b)(1) of the Small Business Act (15 U.S.C. receive a loan under this subsection. The re- teed by the Administration.’’. 633(b)(1)) is amended— financed amount shall be considered to be (2) MAXIMUM AMOUNT.—Section 502(2) of the (1) by striking ‘‘five Associate Administra- part of the new loan for purposes of this sub- Small Business Investment Act of 1958 (15 tors’’ and inserting ‘‘6 Associate Administra- section and shall be in addition to any other U.S.C. 696(2)) is amended to read as follows: tors’’; and loan eligibility for that small manufacturer ‘‘(2) MAXIMUM AMOUNT.—Loans made by the (2) by adding at the end the following: under this Act and the Small Business In- Administration under this section shall be ‘‘One of the Associate Administrators shall vestment Act of 1958. With respect to a refi- limited to— be the Associate Administrator for Small nancing under this clause, payments of prin- ‘‘(A) $1,000,000 for each small business con- Manufacturing, who shall administer the Na- cipal shall be deferred, and interest shall not cern if the loan proceeds will not be directed tional Office for the Development of Small accrue during the 6-month period following toward a goal or project described in sub- Manufacturers established under section the date of refinancing. paragraph (B) or (C); 36.’’. ‘‘(iii) REFINANCING BUSINESS DEBT.— ‘‘(B) $1,300,000 for each small business con- TITLE II—INVESTING IN THE FUTURE OF ‘‘(I) IN GENERAL.—Any business debt of a cern if the loan proceeds will be directed to- MANUFACTURING small manufacturer that was outstanding on ward 1 or more of the public policy goals de- SEC. 201. INCREASED ACCESS TO CAPITAL. the date of the disaster may be refinanced by scribed under section 501(d)(3); and (a) WORKING CAPITAL LOANS.—Section 7(a) the small manufacturer if it is also eligible ‘‘(C) $4,000,000 for each small business con- of the Small Business Act (15 U.S.C. 636(a)) is to receive a loan under this subsection. With cern if the loan proceeds will be directed to- amended— respect to a refinancing under this clause, ward manufacturing projects.’’. (1) in paragraph (3)— payments of principal shall be deferred, and (3) RULE OF CONSTRUCTION.—Section 502 of (A) by inserting ‘‘TOTAL AMOUNT OF interest shall not accrue during the 6-month the Small Business Investment Act of 1958 LOANS.—’’ before ‘‘No loan’’; period following the date of refinancing. (15 U.S.C. 696) is amended by adding at the (B) by amending subparagraph (A) to read ‘‘(II) RESUMPTION OF PAYMENTS.—At the end the following: as follows: end of the 6-month period described in sub- ‘‘(7) RULE OF CONSTRUCTION.—A loan under ‘‘(A) if the total amount outstanding and clause (I), the payment of periodic install- this section shall not be construed to be lim- committed (by participation or otherwise) to ments of principal and interest shall be re- ited by any loan guaranteed by the Adminis- the borrower under section 7(a) would exceed quired with respect to such loan, in the same tration under subsection (a) or (b) of section

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15079

7 of the Small Business Act (15 U.S.C. 636(a) ‘‘(x) SMALL BUSINESS FOREIGN PATENT PRO- ‘‘(7) ADMINISTRATIVE PROVISIONS.—Not and (b)).’’. TECTION GRANT PILOT PROGRAM.— later than 180 days after the date of enact- (b) SMALL BUSINESS INVESTMENT COMPA- ‘‘(1) GRANTS AUTHORIZED.—The Adminis- ment of this subsection, the Administrator NIES.—Section 303(b)(4) of the Small Business trator shall make grants from the Fund es- shall— Investment Act of 1958 (15 U.S.C. 683(b)(4)) is tablished under paragraph (5) for the purpose ‘‘(A) issue such regulations as are nec- amended— of assisting small business concerns in seek- essary to carry out this subsection; and (1) in subparagraph (A), by striking ‘‘(as ing foreign patent protection in accordance ‘‘(B) establish appropriate application and determined by the Administrator)’’ and all with this subsection. other administrative procedures, as the Ad- that follows and inserting ‘‘may not exceed ‘‘(2) NUMBER AND AMOUNT OF GRANTS.— ministrator deems necessary. $115,000,000.’’; and ‘‘(A) MAXIMUM AMOUNT.—The amount of a ‘‘(8) REPORT.—The Administrator shall, not (2) by amending subparagraph (B) to read grant made to any small business concern later than January 31, 2008, submit a report as follows: under this subsection may not exceed $25,000, to Congress on the grants authorized by this ‘‘(B) EXCEPTIONS.— and no awardee may receive more than 1 subsection, which report shall include, cat- ‘‘(i) MAJORITY OF FINANCINGS IN SMALL MAN- grant under this subsection. egorized by year and total— UFACTURERS.—If the licensee certifies in ‘‘(B) RESERVED AMOUNTS.— ‘‘(A) the number of grant recipients under writing that not less than 50 percent of the ‘‘(i) IN GENERAL.—Not less than 1⁄2 of all this subsection since the date of enactment aggregate dollar amount of its financings are amounts awarded under this section shall be of this subsection; to small manufacturers— reserved for recipients of awards under the ‘‘(B) the number and amount of sales or li- ‘‘(I) the maximum amount of outstanding Small Business Innovation Research Pro- censing fees of such grant recipients that leverage issued to any 1 company shall be gram or the Small Business Technology have made foreign sales (or granted licenses $150,000,000; and Transfer Program. to make foreign sales) and a brief description ‘‘(II) the maximum amount of outstanding ‘‘(ii) EXCEPTION.—Any amount reserved for of each technology or product; leverage issued to companies that are under grants under clause (i) for any fiscal year ‘‘(C) the number of technologies or prod- common control shall be $185,000,000. that has not been obligated by July 1st of ucts developed under the Small Business In- ‘‘(ii) COMPANIES UNDER COMMON CONTROL.— such fiscal year, may be used for grants novation Research Program or the Small The Administrator may, on a case-by-case under this subsection to any small business Business Technology Transfer Program, and basis— concern. the amounts of such sales (or licenses); ‘‘(I) approve an amount of leverage that ex- ‘‘(3) GRANT PURPOSES.—Grant amounts ‘‘(D) the total amount of fees paid into the ceeds the amount described in clause (i) and awarded under this subsection shall be used Fund by recipients of grants under this sub- subparagraph (A) for companies under com- by grantees to underwrite costs associated section in accordance with paragraph (6); mon control; and with initial foreign patent applications for ‘‘(E) recommendations for any adjustment ‘‘(II) impose such additional terms and technologies or products developed by small in the percentages specified in paragraph conditions as the Administrator determines business concerns, and for which an applica- (6)(B)(iii)(I) or the amount specified in para- to be appropriate to minimize the risk of loss tion for United States patent protection has graph (6)(B)(iii)(II) necessary to reduce to to the Administration in the event of de- already been filed. zero the cost to the Administration of mak- fault.’’. ‘‘(4) CONSIDERATIONS.—In awarding grants ing grants under this subsection; under this subsection, the Director of the Of- (c) NEW MARKET VENTURE CAPITAL PRO- ‘‘(F) any recommendations regarding the fice of Technology shall consider— GRAM.— grant amount; and ‘‘(A) the size and financial need of the ap- (1) PURPOSES.—Section 352 of the Small ‘‘(G) any recommendations of the Adminis- plicant; Business Investment Act (15 U.S.C. 689a) is trator regarding improvements to the pro- ‘‘(B) the potential foreign market for the amended— grams, whether authorization for grants technology; (A) in paragraph (1), by inserting ‘‘and under this subsection should be extended, ‘‘(C) the timeframes for filing foreign pat- small manufacturers’’ after ‘‘enterprises’’; and any necessary legislation related to such ent applications; and and an extension. ‘‘(D) such other factors as the Adminis- (B) in paragraph (2), by inserting ‘‘and ‘‘(9) STAFFING.—The Administrator shall trator deems relevant. small manufacturers’’ after ‘‘enterprises’’. ensure that there are sufficient staff in the ‘‘(5) ESTABLISHMENT OF REVOLVING FUND.— (2) MAXIMUM GUARANTEE FOR SMALL MANU- Office of Technology, including not fewer There is established in the Treasury of the FACTURERS.—Section 355(d)(1) of the Small than 2 full-time employees, to carry out the United States a revolving fund, which shall grant program established under this sub- Business Investment Act (15 U.S.C. be— section. 689d(d)(1)) is amended— ‘‘(A) known as the ‘Small Business Foreign ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking ‘‘does not exceed 150 per- Patent Protection Grant Fund’ (referred to There are authorized to be appropriated to cent’’ and inserting ‘‘does not exceed— in this subsection as the ‘Fund’); the Fund, to remain available until ex- ‘‘(A) 150 percent’’; and ‘‘(B) administered by the Office of Tech- pended— (B) by striking the period at the end and nology of the Administration, in consulta- ‘‘(A) $2,500,000 for fiscal years 2005; inserting ‘‘; and tion with the National Office for Develop- ‘‘(B) $5,000,000 for fiscal year 2006; ‘‘(B) 200 percent of the private capital of ment of Small Manufacturers; and ‘‘(C) $7,500,000 for fiscal year 2007; and the company, if the New Markets Venture ‘‘(C) used solely to fund grants under this ‘‘(D) $10,000,000 for each of fiscal years 2008 Capital company certifies in writing that not subsection and to pay the costs to the Ad- less than 50 percent of its investments are in ministration of administering those grants. and 2009.’’. small manufacturers.’’. ‘‘(6) ROYALTY FEES.— By Mr. SPECTER (for himself, (d) AUTHORIZATION OF ADDITIONAL APPRO- ‘‘(A) IN GENERAL.—Each recipient of a PRIATIONS.—Section 368 of the Small Busi- grant under this subsection shall pay a fee to Mr. SCHUMER, Mr. GRAHAM of ness Investment Act of 1958 (15 U.S.C. 689q) is the Administration, to be deposited into the South Carolina, Mr. WYDEN, amended— Fund, based on the export sales receipts or Ms. COLLINS, Mr. GRAHAM of (1) by redesignating subsection (b) as sub- licensing fees, if any, from the product or Florida, and Mr. BAYH): section (c); and technology that is the subject of the foreign S. 1888. A bill to half Saudi support (2) by inserting after subsection (a) the fol- patent petition. for institutions that fund, train, incite, lowing: ‘‘(B) ANNUAL INSTALLMENTS BASED ON RE- encourage, or in any other way aid and ‘‘(b) AUTHORIZATION OF ADDITIONAL APPRO- CEIPTS.—The fee required under subpara- PRIATIONS.—In addition to the authorizations abet terrorism, and to secure full Saudi graph (A)— cooperation in the investigation of ter- under subsection (a), there are authorized to ‘‘(i) shall be paid to the Administration in be appropriated for each of fiscal years 2005 annual installments, based on the export rorist incidents; to the committee on and 2006, to remain available until expended, sales receipts or licensing fees described in Foreign Relations. the following sums: subparagraph (A) that are collected by the Mr. SPECTER. Mr. President, I ask ‘‘(1) Such subsidy budget authority as may grant recipient in that calendar year; unanimous consent that the text of the be necessary to guarantee $75,000,000 of de- ‘‘(ii) shall not be required to be paid in any bill and a summary of the bill be print- bentures under this part. calendar year in which no export sales re- ed in the RECORD. ‘‘(2) $15,000,000 to make grants under this ceipts or licensing fees described in subpara- There being no objection, the addi- part.’’. graph (A) are collected by the grant recipi- tional material was ordered to be TITLE III—EXPORT ASSISTANCE FOR ent; and printed in the RECORD, as follows: SMALL MANUFACTURERS ‘‘(iii) shall not exceed, in total, the lesser SAUDI ARABIA ACCOUNTABILITY ACT OF 2003 SEC. 301. SMALL BUSINESS FOREIGN PATENT of— PROTECTION GRANT PILOT PRO- ‘‘(I) 5 percent of the total export sales re- Cosponsors: Schumer, Lindsey Graham, GRAM. ceipts and licensing fees referred to in sub- Wyden, Collins, Bob Graham, Bayh. Section 9 of the Small Business Act (15 paragraph (A); or CONTENT U.S.C. 638) is amended by adding at the end ‘‘(II) 4 times the amount of the grant re- Sanctions. Unless the President makes a the following: ceived. certification that Saudi Arabia is making a

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.119 S18PT1 S15080 CONGRESSIONAL RECORD — SENATE November 18, 2003 maximum effort to fight terrorism (details tember 17, 2003, that at least 50 percent of ror organization or offshore terrorism orga- below), he shall take the following actions: the current operating budget of Hamas nization; and Prohibit export to Saudi Arabia of any de- comes from ‘‘people in Saudi Arabia’’. (2) the President, in deciding whether to fense articles or services listed on the Arms (6) Many Saudi-funded religious institu- make the certification under section 4, Export Control Act. Prohibit export to Saudi tions and the literature they distribute should judge whether the Government of Arabia of any items listed on the Commerce teach a message of hate and intolerance that Saudi Arabia has continued and sufficiently Control List (these are materials that have provides an ideological basis for anti-West- expanded the efforts to combat terrorism both economic and military uses). Restrict ern terrorism. The effects of these teachings that it redoubled after the May 12, 2003, travel of Saudi diplomats to a 25-radius of are evidenced by the fact that Osama bin bombing in Riyadh. the city in which their offices are located Laden himself and 15 of the 19 September SEC. 4. SANCTIONS. (would apply to the Saudi Embassy in DC, 11th hijackers were Saudi citizens. the Saudi UN mission in New York, and the (7) After the 1996 bombing of the Khobar (a) RESTRICTIONS ON EXPORTS AND DIPLO- Saudi Consulates in Houston and Los Ange- Towers housing complex at Dahran, Saudi MATIC TRAVEL.—Unless the President makes les). Arabia, which killed 19 United States Air the certification described in subsection (c), Presidential Certification. The President is Force personnel and wounded approximately the President shall take the following ac- not required to impose sanctions on Saudi 400 people, the Government of Saudi Arabia tions: Arabia if he certifies that Saudi Arabia is: refused to allow United States officials to (1) Prohibit the export to the Kingdom of Fully cooperating with the United States question individuals held in detention by the Saudi Arabia, and prohibit the issuance of a in investigating and preventing terrorist at- Saudis in connection with the attack. license for the export to the Kingdom of tacks; Has permanently closed all Saudi- (8) During an October 2002 hearing on fi- Saudi Arabia, of— based terror organizations; Has ended any nancing of terrorism before the Committee (A) any defense articles or defense services funding or other support by the Government on the Judiciary of the Senate, the Under- on the United States Munitions List under of Saudi Arabia for any offshore terror orga- secretary for Enforcement of the Depart- section 38 of the Arms Export Control Act (22 nizations. ment of the Treasury testified that the Gov- U.S.C. 2778) for which special export controls Presidential Waiver. Even it he has not ernment of Saudi Arabia had taken only are warranted under such Act (22 U.S.C. 2751 made the certification, the President may ‘‘baby steps’’ toward stemming the financing et seq.); and waive the application of the sanctions if he of terrorist activities. (B) any item identified on the Commerce determines that it is in the national security (9) During a July 2003 hearing on terrorism Control List maintained under part 774 of interest of the United States to do so. before the Subcommittee on Terrorism, title 15, Code of Federal Regulations. DEFINITIONS Technology and Homeland Security of the (2) Restrict travel of Saudi diplomats as- Offshore Terror Organizations are defined Committee on the Judiciary of the Senate, signed to Washington, District of Columbia, as ‘‘charities, schools, and any other organi- David Aufhauser, General Counsel of the New York, New York, the Saudi Consulate zation or institution outside of Saudi Arabia Treasury Department, stated that Saudi General in Houston, or the Saudi Consulate that train, incite, encourage, or in any other Arabia is, in many cases, the ‘‘epicenter’’ of in Los Angeles to a 25-mile radius of Wash- way aid and abet terrorism anywhere in the financing for terrorism. ington, District of Columbia, New York, New world.’’ Thus a religious school or madrassah (10) A joint committee of the Select Com- York, the Saudi Consulate General in Hous- that incites its students to terror would be mittee on Intelligence of the Senate and the ton, or the Saudi Consulate in Los Angeles, defined as a terrorist organization for pur- Permanent Select Committee on Intelligence respectively. poses of this bill. of the House of Representatives issued a re- (b) WAIVER.—The President may waive the Saudi-Based Terror Organizations are the port on July 24, 2003, that quotes various application of subsection (a) if the Presi- same types of organizations located within United States Government personnel who dent— the kingdom of Saudi Arabia. complained that the Saudis refused to co- (1) determines that it is in the national se- S. 1888 operate in the investigation of Osama bin curity interest of the United States to do so; Be it enacted by the Senate and House of Rep- Laden and his network both before and after and resentatives of the United States of America in the September 11, 2001, terrorist attacks. (2) submits to the appropriate congres- Congress assembled, (11) There are indications that, since the sional committees a report that contains the SECTION 1. SHORT TITLE. May 12, 2003, suicide bombings in Riyadh, the reasons for such determination. This Act may be cited as the ‘‘Saudi Ara- Government of Saudi Arabia is making a (c) CERTIFICATION.—The President shall bia Accountability Act of 2003’’. more serious effort to combat terrorism. transmit to the appropriate congressional SEC. 2. FINDINGS. SEC. 3. SENSE OF CONGRESS. committees a certification of any determina- Congress makes the following findings: It is the sense of Congress that— tion made by the President after the date of (1) United Nations Security Council Reso- (1) it is imperative that the Government of the enactment of this Act that the Govern- lution 1373 (2001) mandates that all states Saudi Arabia immediately and uncondition- ment of Saudi Arabia— ‘‘refrain from providing any form of support, ally— (1) is fully cooperating with the United active or passive, to entities or persons in- (A) provide complete, unrestricted, and un- States in investigating and preventing ter- volved in terrorist acts’’, take ‘‘the nec- obstructed cooperation to the United States, rorist attacks; essary steps to prevent the commission of including the unsolicited sharing of relevant (2) has permanently closed all Saudi-based terrorist acts’’, and ‘‘deny safe haven to intelligence in a consistent and timely fash- terror organizations; those who finance, plan, support, or commit ion, in the investigation of groups and indi- (3) has ended any funding or other support terrorist acts’’. viduals that are suspected of financing, sup- by the Government of Saudi Arabia for any (2) The Council on Foreign Relations con- porting, plotting, or committing an act of offshore terror organization; and cluded in an October 2002 report on terrorist terror against United States citizens any- (4) has exercised maximum efforts to block financing that ‘‘[f]or years, individuals and where in the world, including within the all funding from private Saudi citizens and charities based in Saudi Arabia have been Kingdom of Saudi Arabia; entities to offshore terrorist organizations. the most important source of funds for al- (B) permanently close all charities, SEC. 5. REPORT. Qaeda, and for years, Saudi officials have schools, or other organizations or institu- (a) REQUIREMENT FOR REPORT.—Not later turned a blind eye to this problem’’. tions in the Kingdom of Saudi Arabia that than 6 months after the date of the enact- (3) The Middle East Media Research Insti- fund, train, incite, encourage, or in any ment of this Act, and every 12 months there- tute concluded in a July 3, 2003, report on other way aid and abet terrorism anywhere after until the President makes the certifi- Saudi support for Palestinian terrorists that in the world (hereafter in this Act referred to cation described in section 4(c), the Sec- ‘‘for decades, the royal family of the King- as ‘‘Saudi-based terror organizations’’), in- retary of State shall submit to the appro- dom of Saudi Arabia has been the main fi- cluding by means of providing support for priate congressional committees a report on nancial supporter of Palestinian groups the families of individuals who have com- the progress made by the Government of fighting Israel’’. The report notes specifi- mitted acts of terrorism; Saudi Arabia toward meeting the conditions cally that Saudi-sponsored organizations (C) end funding or other support by the described in paragraphs (1) through (4) of sec- have funneled over $4,000,000,000 to finance Government of Saudi Arabia for charities, tion 4(c). the Palestinian intifada that began in Sep- schools, and any other organizations or in- (b) FORM.—The report submitted under tember 2000. stitutions outside the Kingdom of Saudi Ara- subsection (a) shall be in unclassified form (4) Much of this Saudi money has been di- bia that train, incite, encourage, or in any but may include a classified annex. rected to Hamas and to the families of sui- other way aid and abet terrorism anywhere cide bombers, directly funding and rewarding in the world (hereafter in this Act referred to SEC. 6. DEFINITION OF APPROPRIATE CONGRES- suicide bombers. In December 2000, former as ‘‘offshore terror organizations’’), includ- SIONAL COMMITTEES. Palestinian Prime Minister Mahmoud Abbas ing by means of providing support for the In this Act, the term ‘‘appropriate congres- wrote to the Saudis to complain about their families of individuals who have committed sional committees’’ means the Committee on support for Hamas. acts of terrorism; and Foreign Relations of the Senate and the (5) The New York Times, citing United (D) block all funding from private Saudi Committee on International Relations of the States and Israeli sources, reported on Sep- citizens and entities to any Saudi-based ter- House of Representatives.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.103 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15081 SUBMITTED RESOLUTIONS and agencies, to take immediate action to Hearings have been held by a number educate— of committees, including the Govern- (A) the people of the United States about mental Affairs Committee presided the need for polio vaccination; and over by the distinguished Senator who SENATE RESOLUTION 267—DESIG- (B) the polio survivors and the medical NATING 2004 AS ‘‘THE YEAR OF professionals in the United States about the is presiding this evening, Ms. COLLINS. POLIO AWARENESS’’ cause and treatment of post-polio sequelae. We made a detailed examination, in a hearing in which I participated along Mr. SPECTER submitted the fol- Mr. SPECTER. Mr. President, I now turn to another subject; that is, a reso- with Chairman COLLINS, to inquire into lowing resolution; which was referred what the Saudis had done and to find to the Committee on the Judiciary. lution to designate the year 2004 as the Year of Polio Awareness. details of Saudi backing of so-called S. RES. 267 During the 1940s and the early 1950s, charitable organizations, recognizing Whereas 2004 is the 50th anniversary of the between 30,000 and 50,000 cases of polio that those charitable organizations successful nationwide trial of the injectable were recorded annually in the United were, in large part, a front; that per- killed polio vaccine that included ‘‘polio pio- haps there was some charitable activ- neer’’ children; States, causing widespread fear and Whereas the injectable polio vaccines panic. ity but a tremendous amount of fund- eliminated naturally occurring polio cases in I recall as a youngster a public swim- ing went to terrorist activities. the United States but have not yet elimi- ming pool in Wichita, KS, in which The Saudis are a very wealthy na- nated polio in other parts of the world; there was a total scare, wondering if tion. They are reported to have con- Whereas as few as 57 percent of American going to the swimming pool would tributed as much as $4 billion to Hamas children receive all doses of necessary vac- cause polio. over the course of the latest intifada. cines during childhood, including the polio The polio virus damages nerves that We have worked through the Govern- vaccine; control muscles which results in mus- mental Affairs Committee, and also Whereas the success of the polio vaccines cle weakness. In severe illness, the per- the Judiciary Committee on which I has caused people to forget the 1,630,000 son could lose the ability to move both Americans born before the development of serve, to establish a basic point that the vaccines who had polio during the arms and legs, may be unable to anybody who contributes to an organi- epidemics in the middle of the 20th century; breathe without help and they may die. zation knowing it to be a terrorist or- Whereas at least 70 percent of paralytic Of course, President Franklin Delano ganization is really an accessory before polio survivors, and 40 percent of nonpara- Roosevelt was the personal symbol for the fact to murder, and that when peo- lytic polio survivors, are developing post- the incapacitation of someone with ple contribute to Hamas knowing polio sequelae, which are unexpected and polio, although it was only physical. Hamas engages in suicide bombing, often disabling symptoms that occur up to 35 He was a magnificent President and a they are accessories to murder. years after the poliovirus attack, including great leader of the United States dur- The Terrorist Prosecution Act, which overwhelming fatigue, muscle weakness, ing the Depression and World War II. A muscle and joint pain, sleep disorders, I wrote back in 1986, authorizes pros- great physical toll was taken on Presi- ecutions in Federal court of anyone heightened sensitivity to anesthesia, cold dent Roosevelt. pain, and difficulty swallowing and breath- who assaults, maims, or murders an The year 2004 will mark the 50th an- ing; American citizen anywhere in the niversary of the successful nationwide Whereas 2004 is the 130th anniversary of world. the diagnosis of the first case of post-polio trial to administer the injectable polio Many United States citizens have vaccine to children. The invention of sequelae and the 20th anniversary of the cre- been murdered while visiting in Israel, injectable polio vaccines eliminated ation of the International Post-Polio Task and I have talked to Attorney General Force; naturally occurring polio cases in the Rubenstein of Israel and Attorney Gen- Whereas research and clinical work by United States. members of the International Post-Polio However, as few as 57 percent of eral Ashcroft of the United States, try- Task Force have discovered that post-polio American children currently receive ing to work out arrangements to bring sequelae can be treated, and even prevented, the full dose of vaccines, including the those terrorists to the United States if polio survivors are taught to conserve en- polio vaccination. The need for contin- for trial where we have the potential to ergy and use assistive devices to stop dam- impose the death penalty. aging and killing the reduced number of ued diligence to protect this country’s youth from polio is critical. Unfortu- We have been very lenient with the overworked, polio virus-damaged neurons in Saudis, in my judgment, over the the spinal cord and brain that survived the nately, those who were stricken with polio attack; polio before vaccines were developed years, really out of deference to the Whereas many medical professionals, and have not received the proper help they importance of Saudi oil. It is really an polio survivors, do not know of the existence need. open scandal that we have not taken of post-polio sequelae, or of the available The year 2004 will also mark the action to secure some independence treatments; and 130th anniversary of the first diagnosed from our reliance on Saudi oil. Whereas the mission of the International case of post-polio sequelae. Post-polio In 1996, Khobar Towers was the scene Post-Polio Task Force includes educating of an attack by terrorists. I chaired the medical professionals and the 20,000,000 polio sequelae is a condition that may de- velop several decades after a person has Intelligence Committee that year, dur- survivors in the world about post-polio ing the 104th Congress. I made a trip to sequelae through the international post- had polio. It affects the muscles and polio letter campaign, television public serv- nerves, causing weakness, fatigue, Khobar Towers and inspected what ice announcements provided by the Colum- pain, and other symptoms. went on. A car bomb came very close, bia Broadcasting System and the National Mr. SPECTER. Mr. President, I have there was an enormous blast, and 19 Broadcasting System Company, and a con- sought recognition to offer legislation airmen were killed and about 400 in- tinuing plot about polio and post-polio to halt Saudi Arabia’s support for in- jured. sequelae on the National Broadcasting Com- stitutions that fund, train, incite, en- In that situation, the Saudis would pany television series ‘‘American Dreams’’: courage, or in any other way aid and not allow Federal investigators to talk Now, therefore, be it to the suspects. I personally met with Resolved, That the Senate— abet terrorism, and to secure full Saudi (1) recognizes the need for every American cooperation in the investigation of ter- Crown Prince Abdullah of Saudi Arabia child to be vaccinated against polio; rorist incidents. I offer this bill on be- and asked him to allow our investiga- (2) recognizes the 1,630,000 Americans who half of Senator COLLINS, Senator SCHU- tors—the FBI—to talk to those sus- survived polio, their new battle with post- MER, Senator GRAHAM of South Caro- pects. Crown Prince Abdullah said the polio sequelae, and the need for education lina, Senator WYDEN, Senator GRAHAM United States should not meddle in and appropriate medical care; of Florida, and Senator BAYH. Saudi internal affairs. (3) requests that every State proclaim 2004 The activities of al-Qaida have shak- It was hardly a Saudi internal affair as ‘‘The Year of Polio Awareness’’ to pro- en the world. They certainly shook the when 400 airmen were wounded and 19 mote vaccination and post-polio sequelae education and treatment; and United States on September 11, 2001. airmen were killed. (4) requests that the President convene a Evidence has come to light that there Notwithstanding the efforts of FBI White House Polio Awareness Summit, with has been enormous financing of al- Director Louis Freeh, who made sev- members of the International Post-Polio Qaida, Hamas, and other organizations eral personal trips there, and my ef- Task Force and all appropriate departments by the Saudis. forts in talking to Crown Prince

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.120 S18PT1 S15082 CONGRESSIONAL RECORD — SENATE November 18, 2003 Abdullah, they refused to allow the Whereas the people of Italy sent 2,700 of highest honor, the Spingarn Medal, to Ralph United States to have its representa- their finest citizens in contribution to the Bunche in 1949; tives talk to those suspects. international effort to stabilize Iraq; and Whereas for his many significant contribu- Later indictments were issued. Iran Whereas on Wednesday November 12, 2003, tions and efforts toward achieving a peaceful was a named co-conspirator in the Fed- 19 Italians including 12 Carabinieri, 5 army resolution to seemingly intractable national soldiers, and 2 civilians were brutally mur- and international disputes, Ralph Bunche eral indictment. dered through cowardly acts of terrorism was awarded the Nobel Peace Prize in 1950, While there has not been proof, the while on duty in Nassiriya, Iraq: Now, there- the first African-American and the first per- background circumstances lend some fore, be it son of color to be so honored; consideration to the thought that Resolved, That the Senate— Whereas Ralph Bunche was named United those who were involved in Khobar (1) mourns with the people of Italy on their Nations Under-Secretary-General in 1955, in Towers may well have been involved in National Day of Mourning for these 19 brave charge of directing peacekeeping missions in September 11. souls; several countries; We recently passed the Syria Ac- (2) acknowledges the sacrifices of the Whereas, in 1963, Ralph Bunche received countability Act. I believe in the over- Italian people; and the United States’ highest civilian award, all scheme of operations in the Mideast (3) recognizes the significant contributions the Medal of Freedom; and that Italy continues to make towards sta- Whereas Ralph Bunche’s critical contribu- that the Saudis are a much greater bility and democracy around the world. tions to the attempt to resolve the Arab- threat to U.S. interests, and there f Israeli conflict and towards the de-coloniza- ought to be a very firm approach as to tion of Africa, and his commitment to and how we deal with the Saudis. SENATE CONCURRENT RESOLU- long service in the United Nations and nu- The bill which I am introducing TION 82—RECOGNIZING THE IM- merous other national and international hu- today has detailed recitation of the PORTANCE OF RALPH BUNCHE manitarian efforts, warrant his commemora- findings by organizations which have AS ONE OF THE GREAT LEAD- tion: Now, therefore, be it studied the record of the Saudis. The ERS OF THE UNITED STATES, Resolved by the Senate (the House of Rep- United Nations Security Council reso- THE FIRST AFRICAN-AMERICAN resentatives concurring), That Congress— (1) recognizes and honors Ralph Bunche as lution mandates that all states refrain NOBEL PEACE PRIZE WINNER, a pivotal 20th century figure in the struggle from providing any foreign support, ac- AN ACCOMPLISHED SCHOLAR, A for the realization and attainment of human tive or passive, to people involved in DISTINGUISHED DIPLOMAT, AND rights on a global scale; and terrorist acts. A TIRELESS CAMPAIGNER OF (2) urges the President to take appropriate The Council on Foreign Relations CIVIL RIGHTS FOR PEOPLE measures to encourage the celebration and concluded in an October 2002 report on THROUGHOUT THE WORLD remembrance of Ralph Bunche’s many sig- nificant achievements. terrorist finances: Mr. BIDEN submitted the following For years, individuals and charities based concurrent resolution; which was re- Mr. BIDEN. Mr. President, I rise in Saudi Arabia have been the most impor- ferred to the Committee on the Judici- today in recognition of the centenary tant source of funds for al-Qaida, and, for celebration of Ralph Bunche’s birth ary: years, Saudi officials have turned a blind Ralph Bunche was an extraordinary eye. S. CON. RES. 82 man whose success was a definitive ac- The Middle East Media Institute con- Whereas Ralph Bunche’s life of achieve- complishment in the history of Amer- cluded in their July 3, 2003, report ment made him one of the 20th century’s ica. again characterizing the Saudis’ activi- foremost figures and a role model for youth; His grandmother was born into slav- Whereas Ralph Bunche graduated valedic- ties as supporting terrorists. torian, summa cum laude, and Phi Beta ery. The New York Times cited sources Kappa from the University of California at His father was a barber in a shop for reported on April 17, 2003, that at least Los Angeles in 1927 with a degree in Inter- whites only. 50 percent of the current operating national Relations; His mother was a musician. budget of Hamas comes from the peo- Whereas Ralph Bunche was the first Afri- When his mother and father died his ple of Saudi Arabia. can-American to receive a Ph.D. in Govern- grandmother took him to California This resolution would call on the ment and International Relations at Harvard where her influence and the perspective Government of the United States to University in 1934; she gave him on life and liberty shaped prohibit the export to Saudi Arabia of Whereas Ralph Bunche served as a pro- his future and, to some extent, the his- fessor and established and chaired the Polit- any defense articles or services listed tory of the Nation. ical Science Department at Howard Univer- He was a brilliant man, a musician, in the Arms Exports Control Act and sity from 1928 to 1941; prohibit import to Saudi Arabia of any debater, athlete, a summa cum laude Whereas, in 1941, Ralph Bunche served as student and valedictorian. A loving items within the Commerce Control an analyst for the Office of Strategic Serv- husband to Ruth and father of Joan, List and to restrict travel of Saudi dip- ices; Whereas Ralph Bunche joined the Depart- Jane and Ralph Jr. lomats appropriately. He went to Harvard, taught at How- The President’s certification would ment of State in 1944 as an advisor; ard University and earned his doc- be present to relieve these sanctions Whereas Ralph Bunche served as an advi- torate comparing French rule in under specified circumstances. sor to the United States delegation to the 1945 San Francisco conference charged with Togoland and Dahomey. f establishing the United Nations and drafting And when the civil rights movement SENATE RESOLUTION 268—TO EX- the Charter of the organization; came he spoke out loudly and his mes- PRESS THE SENSE OF THE SEN- Whereas Ralph Bunche was instrumental sage was clear: ‘‘Segregation and de- in drafting Chapters XI and XII of the United mocracy are incompatible,’’ he said. ATE REGARDING THE DEATHS Nations Charter, dealing with non-self-gov- OF 19 CITIZENS OF ITALY IN ‘‘Racial prejudice is an unreasoned phe- erning territories and the International nomenon without scientific basis in bi- IRAQ Trusteeship System, which helped African countries achieve their independence and as- ology or anthropology.’’ Mr. GRAHAM of South Carolina (for But Ralph Bunche did not want to be himself, Mr. FRIST, Mr. LUGAR, Mr. sisted in their transition to self-governing, sovereign states; remembered for his race. He wanted to BIDEN, Mr. MCCAIN, Mr. PRYOR, Mr. Whereas, in 1946, Ralph Bunche was ap- be remembered for his accomplish- SANTORUM, Mr. DEWINE, Mr. KYL, Mr. pointed Director of the Trusteeship Division ments and his competence, for his dedi- WARNER, Mr. LAUTENBERG, Mrs. FEIN- of the United Nations; cation to service and his commitment STEIN, Mr. CORZINE, Mr. LIEBERMAN, Whereas, in 1948, Ralph Bunche was named to the recognition of the fundamental Mr. CHAMBLISS, Mr. ALLEN, Mr. SPEC- acting Chief Mediator in Palestine for the rights of men and women to live in har- TER, Mr. REED, Mr. BURNS, Mr. KEN- United Nations, and, in 1949, successfully mony and peace. NEDY, Mr. LEAHY, Ms. LANDRIEU, Mr. brokered an armistice agreement between He came from a generation of Ameri- COLEMAN, and Mr. BAUCUS) submitted Israel, Egypt, Jordan, Lebanon, and Syria; cans who believed that it was wrong to the following resolution; which was Whereas Ralph Bunche was deeply com- mitted to ending colonialism and restoring recognize a man for the color of his considered and agreed to: individual state sovereignty through peace- skin, that we should, instead, recognize S. RES. 268 ful means; men and women for the power of their Whereas the people of Italy are long-time Whereas the National Association for the ideas and the contribution they make and resolute allies of the United States; Advancement of Colored People awarded its to the community.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.102 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15083 Ralph Bunche did not want to be re- in every nation, and as one of the 20th SEC. 2. PURPOSE OF THE DEMOCRACY CAUCUS. membered as the first African Amer- centuries foremost figures and a role The purpose of the democracy caucus re- ican who was the first to graduate from model for every young man and ferred to in section 1 should be to advance the interests of the United States and other University of California at Los Angeles woman, black or white, Christian, Mus- nations that are committed to promoting as valedictorian or the first to grad- lim, or Jew. democratic norms and practices by— uate from Harvard with a Ph.D. in gov- I ask all my colleagues to join with (1) supporting common objectives, includ- ernment and international relations, or me in recognizing the life and work of ing bolstering democracy and democratic the first to become Chief U.N. Medi- Ralph Bunche by passing this resolu- principles, advancing human rights, and ator. tion. fighting terrorism in accordance with the rule of law; Least of all, the first to win the f Nobel Peace Prize. He wished to be re- (2) forging common positions on matters of SENATE CONCURRENT RESOLU- concern that are brought before the United membered simply as an American who Nations or any of the bodies of the United answered his country’s call of duty. TION 83—PROMOTING THE ES- Nations; That is not a shortcoming . . . It is TABLISHMENT OF A DEMOCRACY (3) working within and across regional not a slight to any man or woman of CAUCUS WITHIN THE UNITED NA- lines to promote the positions of the democ- color in our society . . . it is, however, TIONS racy caucus; a statement of hope, the hope I grew up Mr. BIDEN submitted the following (4) encouraging democratic states to as- sume leadership positions in the bodies of with, that we can one day be a society concurrent resolution; which was re- that judges us not for our differences the United Nations; and ferred to the Committee on Foreign (5) advocating that states that permit but for our accomplishments and the Relations: gross violations of human rights, sponsor fact that we, as human beings, made a S. CON. RES. 83 terrorist activities, or that are the subject of difference. Whereas a survey conducted by Freedom sanctions imposed by the United Nations Se- Ralph Bunche was one of those House in 2003, entitled ‘‘Freedom in the curity Council are not elected— human beings who made a difference World’’, found that of the 192 governments of (A) to leadership positions in the United and left an extraordinary legacy. nations of the world, 121 (or 63 percent) of Nations General Assembly; or By tailoring the language in the 11th such governments have an electoral democ- (B) to membership or leadership positions and 12th Chapters of the U.N. Charter, racy form of government; in the Commission on Human Rights, the Se- curity Council, or any other body of the Bunche made it possible for the United Whereas, the Community of Democracies, an association of democratic nations com- United Nations. Nations to recognize the peaceful self- SEC. 3. CRITERIA FOR PARTICIPATION IN THE determination of those being exploited mitted to promoting democratic principles and practices, held its First Ministerial Con- DEMOCRACY CAUCUS. by colonialism, and through sheer force ference in Warsaw, Poland, in June 2000; Participation in the democracy caucus re- of will he recovered from an assassina- Whereas, in a speech at that Conference, ferred to in section 1 should be limited to countries that— tion attempt which killed 4 of his col- Kofi Annan, the Secretary-General of the (1) are qualified to participate in the Com- leagues to negotiate an armistice United Nations, stated that ‘‘when the munity of Democracies, an association of United Nations can truly call itself a com- agreement ending the first Arab-Israeli democratic nations committed to promoting munity of democracies, the [United Nations] war. democratic principles and practices; and Charter’s noble ideals of protecting human With an eye for the future he pre- (2) have demonstrated a commitment— rights and promoting ‘social progress in larg- sided over the conference which final- (A) to the core democratic principles and er freedoms’ will have been brought much practices set out in the Final Warsaw Dec- ized the statues for the International closer’’, that ‘‘democratically governed laration of the Community of Democracies, Atomic Energy Agency. states rarely if ever make war on one an- adopted at Warsaw June 27, 2000; and And in response to an international other’’, and that ‘‘in this era of intra-state (B) to the democratic principles set forth crisis he established the foundations wars, is the fact that democratic govern- in— for the first international peace- ance—by protecting minorities, encouraging (i) the United Nations Charter; pluralism, and upholding the rule of law— keeping operation in Egypt. (ii) the Universal Declaration of Human can channel internal dissent peacefully, and This legacy is manifest in his dedica- Rights; and thus help avert civil wars’’; tion to the United Nations, and to the (iii) the International Covenant on Civil Whereas a report by an Independent Task cause of peace for which we will always and Political Rights. Force cosponsored by the Council on Foreign remember him. Relations and Freedom House in 2002, enti- SEC. 4. ANNUAL MEETING. His words were perhaps prophetic tled ‘‘Enhancing U.S. Leadership at the The members of the democracy caucus re- when he said: ‘‘If today we speak of United Nations’’, concluded that ‘‘the United ferred to in section 1 should hold a ministe- rial-level meeting at least once each year to peace, we also speak of the United Na- States is frequently outmaneuvered and out- coordinate policies and positions of the cau- matched at the [United Nations]’’ because tions, for in this era peace and the cus. United Nations, have become insepa- the 115 members of the nonaligned move- Mr. BIDEN. Mr. President, today I rable. If the United Nations cannot en- ment ‘‘cooperate on substantive and proce- rise to support a United Nations De- sure peace there will be none. dural votes, binding the organization’s many mocracy Caucus to address questions ‘‘If war should come it will be only democratic nations to the objectives and blocking tactics of its remaining tyrannies’’; that underlie a countless number of because the United Nations has failed. Whereas, at the First Ministerial Con- our foreign policy decisions, particu- ‘‘But the United Nations need not ference of the Community of Democracies, larly in today’s climate: fail. the representatives of the participating gov- How can the United States be more ‘‘Surely every man of reason must ernments agreed to ‘‘collaborate on democ- effective in advancing our foreign pol- work and pray to the end that it will racy-related issues in existing international icy priorities? not fail.’’ and regional institutions, forming coalitions How can we be more active in col- and caucuses to support resolutions and Those are not popular words today laborating with our allies on issues of but they are truthful words, a heartfelt other international activities aimed at the promotion of democratic governance’’; and common concern? notion from a man whose life and work Whereas that agreement was reaffirmed at How can we be more productive in centered on a way to bring people—all the Second Ministerial Conference of the promoting the values upon which this people—together to solve problems. Community of Democracies in Seoul, Korea, nation was founded and getting our In concluding his Nobel Lecture, he in November 2002: Now, therefore, be it message across to those around the said: ‘‘There will be no security in our Resolved by the Senate (the House of Rep- world who look to us for leadership? world, no release from agonizing ten- resentatives concurring), Three years ago, in Warsaw, Poland, sion, no genuine progress, no enduring SECTION 1. PROMOTION OF A DEMOCRACY CAU- the United States took a step to ad- peace, until, in Shelley’s fine words, CUS WITHIN THE UNITED NATIONS. dress these questions when it became reasons voice, loud as the voice of na- Congress urges the President to instruct one of eight convening countries of the ture, shall have waked the nations.’’’ any representative of the United States to a body of the United Nations to use the voice ‘‘Community of Democracies,’’ a net- Today we honor this visionary man and vote of the United States to seek to es- work of representatives of over 100 na- of peace as an accomplished scholar, a tablish a democracy caucus within the tions that meets every 2 years to pro- distinguished diplomat, a tireless cam- United Nations as described in this Resolu- mote the advancement of global de- paigner for the civil rights of all people tion. mocracy and human rights.

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.121 S18PT1 S15084 CONGRESSIONAL RECORD — SENATE November 18, 2003 Two years later, in Seoul, Korea, The resolution is straightforward: it Warsaw, Poland, U.N. Secretary Gen- many of these countries reaffirmed expresses the support of this Congress eral Kofi Annan said, ‘‘When the their commitment to collaborating for a U.N. democracy caucus and out- United Nations can truly call itself a with one another and agreed to work lines the vision that I, and others, have community of democracies, the char- together in existing international and of what such a caucus would do, and ter’s noble ideals of protecting human regional organizations. how it would go about doing it. rights and promoting ‘social progress Hence, the idea of establishing a ‘‘de- The general idea is that a democracy in larger freedoms’ will have been mocracy caucus’’ within the United caucus would convene at the U.N. Gen- brought much closer.’’ Nations began to take form. eral Assembly, the U.N. Commission on In that spirit, I submit a resolution The idea is simply this: democratic Human Rights, and other U.N. bodies in support of the establishment of a nations share common values, and on a regular basis. U.N. democracy caucus. should work together at the United Na- Members of the democracy caucus f tions to promote those values. would work together to forge common A simple notion that, in my view, positions to bolster democracy and AMENDMENTS SUBMITTED AND makes extraordinary sense. democratic principles, advance human PROPOSED What has happened in the last sev- rights, and fight terrorism. SA 2199. Mr. BOND (for Mr. JEFFORDS (for eral years is that support for the estab- Furthermore, this bill also talks himself, Mr. LIEBERMAN, Mr. BINGAMAN, and lishment of a democracy caucus in the about who will join a democracy cau- Mr. EDWARDS)) proposed an amendment to United Nations has begun to take root cus. amendment SA 2150 proposed by Mr. BOND among foreign policy experts in the We need to establish a criteria for (for himself and Ms. MIKULSKI) to the bill United States. H.R. 2861, making appropriations for the De- which countries would be considered partments of Veterans Affairs and Housing Former Secretary of State Madeleine democracies, and which would not. and Urban Development, and for sundry Albright has endorsed the idea, as has Fortunately, we are not starting from independent agencies, boards, commissions, Jeane Kirkpatrick, former U.S. Ambas- scratch. corporations, and offices for the fiscal year sador to the United Nations. The Community of Democracies ending September 30, 2004, and for other pur- In addition, it has been endorsed by a forum has established such criteria by poses. broad-based coalition of organizations drawing on major principles of inter- SA 2200. Mr. BOND (for Mr. INHOFE) pro- and advocacy groups like Freedom national law and international stand- posed an amendment to amendment SA 2150 House, Human Rights Watch, the ards set forth in the U.N. Charter, the proposed by Mr. BOND (for himself and Ms. MIKULSKI) to the bill H.R. 2861, supra. American Jewish Committee, the Universal Declaration of Human SA 2201. Mr. BOND (for Mr. DEWINE) pro- American Bar Association and the Rights, and the International Covenant posed an amendment to amendment SA 1783 Council for Community of Democ- on Civil and Political Rights. proposed by Mr. DeWINE (for himself and Ms. racies. Drawing up this criteria was a col- LANDRIEU) to the bill H.R. 2765, making ap- In recent months, even senior Bush laborative process during the First propriations for the government of the Dis- administration officials have expressed Ministerial of the community of De- trict of Columbia and other activities interest in the establishment of a de- mocracies, and the guidelines have chargeable in whole or in part against the mocracy caucus—recognizing that the been effective in laying the foundation revenues of said District for the fiscal year United States would be more effective ending September 30 , 2004, and for other pur- and advancing the goals of the forum. poses. if we were to work together and orga- Therefore, this legislation models the SA 2202. Mr. FRIST (for Mr. ALLEN (for nize with other like-minded countries. U.N. democracy caucus’ eligibility cri- himself, Mr. WYDEN, Mr. MCCAIN, Mr. STE- Assistant Secretary of State for teria on that already established by VENS, and Mr. HOLLINGS)) submitted an International Organizations, Kim and for the Community of Democ- amendment intended to be proposed by Mr. Holmes, recently deemed a U.N. democ- racies. FRIST to the bill S. 189, to authorize appro- racy caucus as ‘‘an idea whose time has I envision that the U.N. democracy priations for nanoscience, nanoengineering, arrived’’. caucus would advocate that states that and nanotechnology research, and for other Working together with like-minded are deemed to be gross violators of purposes. nations is a logical and practical way human rights, sponsors of terrorist ac- f to conduct foreign policy. We build tivities, or subjects of United Nations TEXT OF AMENDMENTS coalitions in the Senate. We build coa- sanctions, not be elected to leadership SA 2199. Mr. BOND (for Mr. JEFFORDS litions in Congress. And it makes sense positions in the United Nations Gen- (for himself, Mr. LIEBERMAN, Mr. to build coalitions in the United Na- eral Assembly or other United Nations BINGAMAN, and Mr. EDWARDS)) proposed tions, not only for the sake of forging bodies. an amendment to amendment SA 2150 common positions on issues of mutual This issue has received, and deserv- proposed by Mr. BOND (for himself and concern, but also to provide a counter- edly so, much attention this year—par- Ms. MIKULSKI) to the bill H.R. 2861, balance to other coalitions that are ticularly after Libya was elected to making appropriations for the Depart- well organized in the United Nations, serve as chair of the Commission of ments of Veterans Affairs and Housing but do not necessarily share our goals. Human Rights. and Urban Development, and for sun- The 115-member nonaligned move- In my view, the credibility of U.N. in- dry independent agencies, boards, com- ment (NAM) is an example. Last year, stitutions is undermined when the missions, corporations, and offices for an Independent Task Force co-spon- members of its bodies—and particu- the fiscal year ending September 30, sored by the Council on Foreign Rela- larly those in leadership positions—fall 2004, and for other purposes; as follows: tions and Freedom House argued that into this camp of bad actors. ‘‘the United States is frequently out- According to the Freedom House 2003 At the appropriate place, add the fol- maneuvered and outmatched at the survey, of the world’s 192 governments, lowing: UN’’ because the cooperative work of 63 percent of them have an electoral SEC. ——. NATIONAL ACADEMY OF SCIENCES STUDY. the NAM ‘‘binds the organization’s democracy form of government. The matter under the heading ‘‘ADMINIS- many democratic nations to the objec- Furthermore, in the 2002 meeting of TRATIVE PROVISIONS’’ under the heading ‘‘EN- tives and blocking tactics of its re- the Community of Democracies in VIRONMENTAL PROTECTION AGENCY’’ in title maining tyrannies.’’ Seoul, 118 nations were invited to par- III of division K of section 2 of the Consoli- A democracy caucus would give us a ticipate, based upon their commitment dated Appropriations Resolution, 2003 (117 new and potentially effective tool to shred democratic values. Stat. 513), is amended— within the United Nations to counter These numbers tell us that a democ- (1) in the first sentence of the fifth undes- coalitions that act in a manner inim- racy caucus within the U.N. would ignated paragraph (beginning ‘‘As soon as’’), ical to our interests. have a strong base from which to begin by inserting before the period at the end the following: ‘‘, and the impact of the final rule So today I am submitting a resolu- its work; it could be robust from its in- entitled ‘Prevention of Significant Deterio- tion promoting the establishment of a auguration. ration (PSD) and Nonattainment New Source democracy caucus within the United At the First Ministerial Conference Review (NSR): Equipment Replacement Pro- Nations. of the Community of Democracies in vision of the Routine Maintenance, Repair

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.131 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15085 and Replacement Exclusion’, amending parts himself and Ms. LANDRIEU) to the bill States participating in the Experimental 51 and 52 of title 40, Code of Federal Regula- H.R. 2765, making appropriations for Program to Stimulate Competitive Research tions, and published in electronic docket the government of the District of Co- (EPSCOR); OAR–2002–0068 on August 27, 2003’’; and (5) ensuring United States global leader- (2) in the sixth undesignated paragraph lumbia and other activities chargeable ship in the development and application of (beginning ‘‘The National Academy of in whole or in part against the reve- nanotechnology; Sciences’’), by striking ‘‘March 3, 2004’’ and nues of said District for the fiscal year (6) advancing the United States produc- inserting ‘‘January 1, 2005.’’ ending September 30, 2004, and for tivity and industrial competitiveness other purposes; as follows: through stable, consistent, and coordinated SA 2200. Mr. BOND (for Mr. INHOFE) Strike all of title II, beginning on page 14, investments in long-term scientific and engi- proposed an amendment to amendment line 17, and ending on page 33, line 14. neering research in nanotechnology; SA 2150 proposed by Mr. BOND (for him- On page 13, line 21, strike ‘‘40,000,000’’ and (7) accelerating the deployment and appli- cation of nanotechnology research and devel- self and Ms. MIKULSKI) to the bill H.R. insert ‘‘27,000,000’’. On page 14, line 1, strike all after the semi- opment in the private sector, including 2861, making appropriations for the De- startup companies; partment of Veterans Affairs and Hous- colon until the end of the heading. On page 9, line 19, strike ‘‘20,000,000’’ and (8) encouraging interdisciplinary research, ing and Urban Development, and for insert ‘‘33,000,000’’. and ensuring that processes for solicitation sundry independent agencies, boards, and evaluation of proposals under the Pro- commissions, corporations, and offices SA 2202. Mr. FRIST (for Mr. ALLEN gram encourage interdisciplinary projects for the fiscal year ending September 30, (for himself, Mr. WYDEN, Mr. MCCAIN, and collaborations; 2004, and for other purposes; as follows: (9) providing effective education and train- Mr. STEVENS, and Mr. HOLLINGS)) sub- ing for researchers and professionals skilled On page 106, between lines 20 and 21, insert mitted an amendment intended to be in the interdisciplinary perspectives nec- the following: proposed by Mr. FRIST to the bill S. 189, essary for nanotechnology so that a true SEC. . DESIGNATIONS OF AREAS FOR PM2.5 AND to authorize appropriations for interdisciplinary research culture for SUBMISSION OF IMPLEMENTATION nanoscience, nanoengineering, and nanoscale science, engineering, and tech- PLANS FOR REGIONAL HAZE. nology can emerge; (A) IN GENERAL.—Section 107(d) of the nanotechnology research, and for other purposes; as follows: (10) ensuring that ethical, legal, environ- Clean Air Act (42 U.S.C. 7407(d)) is amended mental, and other appropriate societal con- by adding at the end the following: Strike out all after the enacting clause and cerns, including the potential use of ‘‘(6) DESIGNATIONS.— insert the following: nanotechnology in enhancing human intel- ‘‘(A) SUBMISSION.—Notwithstanding any SECTION 1. SHORT TITLE. ligence and in developing artificial intel- other provision of law, not later than Feb- This Act may be cited as the ‘‘21st Century ligence which exceeds human capacity, are ruary 15, 2004, the Governor of each State Nanotechnology Research and Development considered during the development of shall submit designations referred to in para- Act’’. nanotechnology by— graph (1) for the July 1997 PM national am- 2.5 SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM. (A) establishing a research program to bient air quality standards for each area (a) NATIONAL NANOTECHNOLOGY PROGRAM.— identify ethical, legal, environmental, and within the State, based on air quality moni- The President shall implement a National other appropriate societal concerns related toring data collected in accordance with any Nanotechnology Program. Through appro- to nanotechnology, and ensuring that the re- applicable Federal reference methods for the priate agencies, councils, and the National sults of such research are widely dissemi- relevant areas. Nanotechnology Coordination Office estab- nated; ‘‘(B) PROMULGATION.—Notwithstanding any lished in section 3, the Program shall— (B) requiring that interdisciplinary other provision of law, not later than Decem- (1) establish the goals, priorities, and nanotechnology research centers established ber 31, 2004, the Administrator shall, con- metrics for evaluation for Federal under paragraph (4) include activities that sistent with paragraph (1), promulgate the nanotechnology research, development, and ad dress societal, ethical, and environmental designations referred to in subparagraph (A) other activities; concerns; for each area of each State for the July 1997 (2) invest in Federal research and develop- (C) insofar as possible, integrating research PM2.5 national ambient air quality stand- ment programs in nanotechnology and re- on societal, ethical, and environmental con- ards. lated sciences to achieve those goals; and cerns with nanotechnology research and de- ‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL (3) provide for interagency coordination of velopment, and ensuring that advances in HAZE.— Federal nanotechnology research, develop- nanotechnology bring about improvements ‘‘(A) IN GENERAL.—Notwithstanding any ment, and other activities undertaken pursu- in quality of life for all Americans; and other provision of law, not later than 3 years ant to the Program. (D) providing, through the National after the date on which the Administrator (b) PROGRAM ACTIVITIES.—The activities of Nanotechnology Coordination Office estab- promulgates the designations referred to in the Program shall include lished in section 3, for public input and out- paragraph (6)(B) for a State, the State shall (1) developing a fundamental under- reach to be integrated into the Program by submit, for the entire State, the State imple- standing of matter that enables control and the convening of regular and ongoing public mentation plan revisions to meet the re- manipulation at the nanoscale; discussions, through mechanisms such as quirements promulgated by the Adminis- (2) providing grants to individual inves- citizens’ panels, consensus conferences, and trator under section 169B(e)(1) (referred to in tigators and interdisciplinary teams of in- educational events, as appropriate; and this paragraph as ‘regional haze require- vestigators; (11) encouraging research on ments’). (3) establishing a network of advanced nanotechnology advances that utilize exist- ‘‘(B) NO PRECLUSION OF OTHER PROVISIONS.— technology user facilities and centers; ing processes and technologies. Nothing in this paragraph precludes the im- (4) establishing, on a merit-reviewed and (c) PROGRAM MANAGEMENT.—The National plementation of the agreements and rec- competitive basis, interdisciplinary Science ad Technology Council shall oversee ommendations stemming from the Grand nanotechnology research centers, which the planning, management, and coordination Canyon Visibility Transport Commission Re- shall— of the Program. The Council, self or through port dated June 1996, including the submis- (A) interact and collaborate to foster the an appropriate subgroup it designates or es- sion of State implementation plan revisions exchange of technical information and best tablishes, shall— by the States of Arizona, California, Colo- practices; (1) establish goals and priorities for the rado, Idaho, Nevada, New Mexico, Oregon, (B) involve academic institutions or na- Program, based on national needs for a set of Utah, or Wyoming by December 31, 2003, for tional laboratories and other partners, which broad applications of nanotechnology; implementation of regional haze require- may include States and industry; (2) establish program component areas, ments applicable to those States.’’. (C) make use of existing expertise in with specific priorities and technical goals, (b) RELATIONSHIP TO TRANSPORTATION EQ- nanotechnology in their regions and nation- that reflect the goals and priorities estab- UITY ACT FOR THE 21ST CENTURY.—Except as ally; lished for the Program; provided in paragraphs (6) and (7) of section (D) make use of ongoing research and de- (3) oversee interagency coordination of the 107(d) of the Clean Air Act (as added by sub- velopment at the micrometer scale to sup- Program, including with the activities of the section (a)), section 6101, subsections (a) and port their work in nanotechnology; and Defense Nanotechnology Research and De- (b) of section 6102, and section 6103 of the (E) to the greatest extent possible, be es- velopment Program established under sec- Transportation Equity Act for the 21st Cen- tablished in geographically diverse loca- tion 246 of the Bob Stump National Defense tury (42 U.S.C. 7407 note; 112 Stat. 463), as in tions, encourage the participation of Histori- Authorization Act for Fiscal Year 2003 (Pub- effect on the day before the date of enact- cally Black Colleges and Universities that lic Law 107–314) and the National Institutes ment of this Act, shall remain in effect. are part B institutions as defined in section of Health; 322(2) of the Higher Education Act of 1965 (20 (4) develop, within 12 months after the date SA. 2201. Mr. BOND (for Mr. DEWINE) U.S.C. 1061(2) and minority institutions (as of enactment of this Act, and update every 3 proposed an amendment to amendment defined in section 365(3) of that Act (20 U.S.C. years thereafter, a strategic plan to guide SA 1783 proposed by Mr. DEWINE (for 1067k(3))), and include institutions located in the activities described under subsection (b),

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.125 S18PT1 S15086 CONGRESSIONAL RECORD — SENATE November 18, 2003 meet the goals, priorities, and anticipated tion Office, with a Director and full-time fiscal years, to the President on its assess- outcomes of the participating agencies, and staff, which shall— ments under subsection (c) and its rec- describe— (1) provide technical and administrative ommendations for ways to improve the Pro- (A) how the Program will move results out support to the Council and the Advisory gram. The first report under this subsection of the laboratory and into application for the Panel; shall be submitted within 1 year after the benefit of society; (2) serve as the point of contact on Federal date of enactment of this Act. The Director (B) the Program’s support for long-term nanotechnology activities for government of the Office of Science and Technology Pol- funding for interdisciplinary research and organizations, academia, industry, profes- icy shall transmit a copy of each report development in nanotechnology; and sional societies, State nanotechnology pro- under this subsection to the Senate Com- (C) the allocation of funding for inter- grams, interested citizen groups, and others mittee on Commerce, Science, and Tech- agency nanotechnology projects; to exchange technical and programmatic in- nology, the House of Representatives Com- (5) propose a coordinated interagency formation; mittee on Science, and other appropriate budget for the Program to the Office of Man- (3) conduct public outreach, including dis- committees of the Congress. agement and Budget to ensure the mainte- semination of findings and recommendations (e) TRAVEL EXPENSES OF NON-FEDERAL nance of a balanced nanotechnology research of the Advisory Panel, as appropriate; and MEMBERS.—Non-Federal members of the Ad- portfolio and an appropriate level of research (4) promote access to and early application visory Panel, while attending meetings of effort; of the technologies, innovations, and exper- the Advisory Panel or while otherwise serv- (6) exchange information with academic, tise derived from Program activities to agen- ing at the request of the head of the Advi- industry, State and local government (in- cy missions and systems across the Federal sory Panel away from their homes or regular cluding State and regional nanotechnology Government, and to United States industry, places of business, may be allowed travel ex- programs), and other appropriate groups con- including startup companies. penses, including per diem in lieu of subsist- ducting research on and using (b) FUNDING.—The National ence, as authorized by section 5703 of title 5, nanotechnology; Nanotechnology Coordination Office shall be United States Code, for individuals in the (7) develop a plan to utilize Federal pro- funded through interagency funding in ac- government serving without pay. Nothing in grams, such as the Small Business Innova- cordance with section 631 of Public Law 108– this subsection shall be construed to prohibit tion Research Program and the Small Busi- 7. members of the Advisory Panel who are offi- ness Technology Transfer Research Program, (c) REPORT.—Within 90 days after the date cers or employees of the United States from in support of the activity stated in sub- of enactment of this Act, the Director of the being allowed travel expenses, including per section (b)(7) Office of Science and Technology Policy diem in lieu of subsistence, in accordance (8) identify research areas that are not shall report to the Senate Committee on with existing law. being adequately addressed by the agencies’ Commerce, Science, and Transportation, and (f) EXEMPTION FROM SUNSET.—Section 14 of current research programs and address such the House of Representatives Committee on the Federal Advisory Committee Act shall research areas; Science on the funding of the National not apply to the Advisory Panel. (9) encourage progress on Program activi- Nanotechnology Coordination Office. The re- SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE ties through the utilization of existing man- port shall include— NATIONAL NANOTECHNOLOGY PRO- ufacturing facilities and industrial infra- (1) the amount of funding required to ade- GRAM. structures such as, but not limited to, the quately fund the Office; (a) IN GENERAL.—The Director of the Na- employment of underutilized manufacturing (2) the adequacy of existing mechanisms to tional Nanotechnology Coordination Office facilities in areas of high unemployment as fund this Office; and shall enter into an arrangement with the Na- production engineering and research (3) the actions taken by the Director to en- tional Research Council of the National testbeds; and sure stable funding of this Office. Academy of Sciences to conduct a triennial (10) in carrying out its responsibilities SEC. 4. ADVISORY PANEL. evaluation of the Program, including— under paragraphs (1) through (9), take into (a) IN GENERAL.—The President shall estab- (1) an evaluation of the technical accom- consideration the recommendations of the lish or designate a National Nanotechnology plishments of the Program, including a re- Advisory Panel, suggestions or recommenda- Advisory Panel. view of whether the Program has achieved tions developed pursuant to subsection (b) QUALIFICATIONS.—The Advisory Panel the goals under the metrics established by (b)(10)(D), and the views of academic, State, established or designated by the President the Council; industry, and other appropriate groups con- under subsection (a) shall consist primarily (2) a review of the Program’s management ducting research on and using of members from academic institutions and and coordination across agencies and dis- nanotechnology. industry. Members of the Advisory Panel ciplines; (d) ANNUAL REPORT.—The Council shall shall be qualified to provide advice and infor- (3) a review of the funding levels at each prepare an annual report, to be submitted to mation on nanotechnology research, devel- agency for the Program’s activities and the the Senate Committee on Commerce, opment, demonstrations, education, tech- ability of each agency to achieve the Pro- Science, and Transportation and the House nology transfer, commercial application, or gram’s stated goals with that funding; of Representatives Committee on Science, societal and ethical concerns. In selecting or (4) an evaluation of the Program’s success and other appropriate committees, at the designating an Advisory Panel, the President in transferring technology to the private sec- time of the President’s budget request to may also seek and give consideration to rec- tor; Congress, that includes— ommendations from the Congress, industry, (5) an evaluation of whether the Program (1) the Program budget, for the current fis- the scientific community (including the Na- has been successful in fostering interdiscipli- cal year, for each agency that participates in tional Academy of Sciences, scientific pro- nary research and development; the Program, including a breakout of spend- fessional societies, and academia), the de- (6) an evaluation of the extent to which the ing for the development and acquisition of fense community, State and local govern- Program has adequately considered ethical, research facilities and instrumentation, for ments, regional nanotechnology programs, legal, environmental, and other appropriate each program component area, and for all ac- and other appropriate organizations. societal concerns; tivities pursuant to subsection (b)(10); (c) DUTIES.—The Advisory Panel shall ad- (7) recommendations for new or revised (2) the proposed Program budget for the vise the President and the Council on mat- Program goals; next fiscal year, for each agency that par- ters relating to the Program, including as- (8) recommendations for new research ticipates in the Program, including a break- sessing areas, partnerships, coordination and man- out of spending for the development and ac- (1) trends and developments in agement mechanisms, or programs to be es- quisition of research facilities and instru- nanotechnology science and engineering; tablished to achieve the Program’s stated mentation, for each program component (2) progress made in implementing the Pro- goals; area, and for all activities pursuant to sub- gram; (9) recommendations on policy, program, section (b) (10); (3) the need to revise the Program; and budget changes with respect to (3) an analysis of the progress made toward (4) the balance among the components of nanotechnology research and development achieving the goals and priorities estab- the Program, including funding levels for the activities, lished for the Program; program component areas, (10) recommendations for improved metrics (4) an analysis of the extent to which the (5) whether the program component areas, to evaluate the success of the Program in ac- Program has incorporated the recommenda- priorities, and technical goals developed by complishing its stated goals; tions of the Advisory Panel; and the Council are helping to maintain United (11) a review of the performance of the Na- (5) an assessment of how Federal agencies States leadership in nanotechnology; tional Nanotechnology Coordination Office are implementing the plan described in sub- (6) the management, coordination, imple- and its efforts to promote access to and early section (c)(7), and a description of the mentation, and activities of the Program; application of the technologies, innovations, amount of Small Business Innovative Re- and and expertise derived from Program activi- search and Small Business Technology (7) whether societal, ethical, legal, envi- ties to agency missions and systems across Transfer Research funds supporting the plan. ronmental, and workforce concerns are ade- the Federal Government and to United SEC. 3. PROGRAM COORDINATION. quately addressed by the Program. States industry; (a) IN GENERAL.—The President shall es- (d) REPORTS.—The Advisory Panel shall re- (12) an analysis of the relative position of tablish a National Nanotechnology Coordina- port, not . less frequently than once every 2 the United States compared to other nations

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.155 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15087

with respect to nanotechnology research and (4) $84,000,000 for fiscal year 2008. (b) CENTER FOR NANOMATERIALS MANUFAC- development, including the identification of (e) ENVIRONMENTAL PROTECTION AGENCY.— TURING.—The Program shall provide for the any critical research areas where the United There are authorized to be appropriated to establishment, on a merit-reviewed and com- States should be the world leader to best the Administrator of the Environmental petitive basis, of a center to— achieve the goals of the Program; and Protection Agency to carry out the Adminis- (1) encourage, conduct, coordinate, com- (13) an analysis of the current impact of trator’s responsibilities under this Act— mission, collect, and disseminate research on nanotechnology on the United States econ- (1) $5,500,000 for fiscal year 2005; new manufacturing technologies for mate- omy and recommendations for increasing its (2) $6,050,000 for fiscal year 2006; rials, devices, and systems with new com- future impact. (3) $6,413,000 for fiscal year 2007; and binations of characteristics, such as, but not (4) $6,800,000 for fiscal year 2008. (b) STUDY ON MOLECULAR SELF-ASSEM- limited to, strength, toughness, density, con- SEC. 7. DEPARTMENT OF COMMERCE PROGRAMS. BLY.—As part of the first triennial review ductivity, flame resistance, and membrane conducted in accordance with subsection (a), (a) NIST PROGRAMS.—The Director of the separation characteristics; and (2) develop mechanisms to transfer such the National Research Council shall conduct National Institute of Standards and Tech- manufacturing technologies to United States a one-time study to determine the technical nology shall— industries. feasibility of molecular self-assembly for the (1) as part of the Program activities under section 2(b)(7), establish a program to con- (c) REPORTS.—The Council, through the Di- manufacture of materials and devices at the rector of the National Nanotechnology Co- molecular scale. duct basic research on issues related to the development and manufacture of ordination Office, shall submit to the Senate (c) STUDY ON THE RESPONSIBLE DEVELOP- nanotechnology, including metrology; reli- Committee on Commerce, Science, and MENT OF NANOTECHNOLOGY.—As part of the ability and quality assurance; processes con- Transportation and the House of Representa- first triennial review conducted in accord- tives Committee on Science— ance with subsection (a), the National Re- trol; and manufacturing best practices; and (2) utilize the Manufacturing Extension (1) within 6 months after the date of enact- search Council shall conduct a one-time Partnership program to the extent possible ment of this Act, a report identifying which study to assess the need for standards, guide- to ensure that the research conducted under agency shall be the lead agency and which lines, or strategies for ensuring the respon- paragraph (1) reaches small- and medium- other agencies, if any, will be responsible for sible development of nanotechnolgy, includ- sized manufacturing companies. establishing the Centers described in this ing, but not limited to— (b) CLEARINGHOUSE.—The Secretary of section; and (1) self-replicating nanoscale machines or Commerce or his designee, in consultation (2) within 18 months after the date of en- devices; with the National Nanotechnology Coordina- actment of this Act, a report describing how (2) the release of such machines in natural tion Office and, to the extent possible, uti- the Centers described in this section have environments; lizing resources at the National Technical been established. (3) encryption; Information Service, shall establish a clear- SEC. 10. DEFINITIONS. (4) the development of defensive tech- inghouse of information related to commer- In this Act: nologies; cialization of nanotechnology research, in- (1) ADVISORY PANEL.—The term ‘‘Advisory Panel’’ means the President’s National (5) the use of nanotechnology in the en- cluding information relating to activities by Nanotechnology Advisory Panel established hancement of human intelligence; and regional, State, and local commercial or designated under section 4. (6) the use of nanotechnology in developing nanotechnology initiatives; transition of re- artificial intelligence. (2) NANOTECHNOLOGY.—The term search, technologies, and concepts from Fed- ‘‘nanotechnology’’ means the science and (d) EVALUATION TO BE TRANSMITTED TO eral nanotechnology research and develop- CONGRESS.—The Director of the National technology that will enable one to under- ment programs into commercial and mili- stand, measure, manipulate, and manufac- Nanotechnology Coordination Office shall tary products; best practices by government, transmit the results of any evaluation for ture at the atomic, molecular, and universities and private sector laboratories supramolecular levels, aimed at creating ma- which it made arrangements under sub- transitioning technology to commercial use; section (a) to the Advisory Panel, the Senate terials, devices, and systems with fundamen- examples of ways to overcome barriers and tally new molecular organization, prop- Committee on Commerce, Science, and challenges to technology deployment; and Transportation and the House of Representa- erties, and functions. use of manufacturing infrastructure and (3) PROGRAM.—The term ‘‘Program’’ means tives Committee on Science upon receipt. workforce. The first such evaluation shall be trans- the National Nanotechnology Program es- SEC. 8. DEPARTMENT OF ENERGY PROGRAMS. mitted no later than June 10, 2005, with sub- tablished under section 2. (a) RESEARCH CONSORTIA.— (4) COUNCIL.—The term ‘‘Council’’ means sequent evaluations transmitted to the Com- (1) DEPARTMENT OF ENERGY PROGRAM.—The the National Science and Technology Coun- mittees every 3 years thereafter. Secretary of Energy shall establish a pro- cil or an appropriate subgroup designated by SEC. 6. AUTHORIZATION OF APPROPRIATIONS. gram to support, on a merit-reviewed and the Council under section 2(c). (a) NATIONAL SCIENCE FOUNDATION.—There competitive basis, consortia to conduct (5) ADVANCED TECHNOLOGY USER FACILITY.— are authorized to be appropriated to the Di- interdisciplinary nanotechnology research The term ‘‘advanced technology user facil- rector of the National Science Foundation to and development designed to integrate newly ity’’ means a nanotechnology research and carry out the Director’s responsibilities developed nanotechnology and microfluidic development facility supported, in whole or under this Act— tools with systems biology and molecular in part, by Federal funds that is open to all (1) $385,000,000 for fiscal year 2005; imaging. United States researchers on a competitive, (2) $424,000,000 for fiscal year 2006; (2) AUTHORIZATION OF APPROPRIATIONS.—Of merit-reviewed basis. (3) $449,000,000 for fiscal year 2007; and the sums authorized for the Department of (6) PROGRAM COMPONENT AREA.—The term (4) $476,000,000 for fiscal year 2008. Energy under section 6(b), $25,000,000 shall be ‘‘program component area’’ means a major (b) DEPARTMENT OF ENERGY.—There are au- used for each fiscal year 2005 through 2008 to subject area established under section 2(c)(2) thorized to be appropriated to the Secretary carry out this section. Of these amounts, not under which is grouped related individual of Energy to carry out the Secretary’s re- less than $10,000,000 shall be provided to at projects and activities carried out under the sponsibilities under this Act— least 1 consortium for each fiscal year. Program. (1) $317,000,000 for fiscal year 2005; (b) RESEARCH CENTERS AND MAJOR INSTRU- f (2) $347,000,000 for fiscal year 2006; MENTATION.—The Secretary of Energy shall (3) $380,000,000 for fiscal year 2007; and carry out projects to develop, plan, con- AUTHORITY FOR COMMITTEES TO (4) $415,000,000 for fiscal year 2008. struct, acquire, operate, or support special MEET (c) NATIONAL AERONAUTICS AND SPACE AD- equipment, instrumentation, or facilities for COMMITTEE ON ARMED SERVICES MINISTRATION.—There are authorized to be investigators conducting research and devel- Mr. BOND. Mr. President, I ask unan- appropriated to the Administrator of the Na- opment in nanotechnology. tional Aeronautics and Space Administra- imous consent that the Committee on SEC. 9. ADDITIONAL CENTERS. Armed Services be authorized to meet tion to carry out the Administrator’s respon- (a) AMERICAN NANOTECHNOLOGY PREPARED- sibilities under this Act— NESS CENTER.—The Program shall provide during the session of the Senate on (1) $34,100,000 for fiscal year 2005; for the establishment, on a merit-reviewed Tuesday, November 18, 2003, at 4 p.m., (2) $37,500,000 for fiscal year 2006; and competitive basis, of an American in open session, to consider the nomi- (3) $40,000,000 for fiscal year 2007; and Nanotechnology Preparedness Center which nation of the Honorable Michael W. (4) $42,300,000 for fiscal year 2008. shall— Wynne to be Under Secretary of De- (d) NATIONAL INSTITUTE OF STANDARDS AND (1) conduct, coordinate, collect, and dis- fense for Acquisition, Technology, and TECHNOLOGY.—There are authorized to be ap- seminate studies on the societal, ethical, en- Logistics. propriated to the Director of the National vironmental, educational, legal, and work- The PRESIDING OFFICER. Without Institute of Standards and Technology to force implications of nanotechnology; and carry out the Director’s responsibilities (2) identify anticipated issues related to objection, it is so ordered. under this Act— the responsible research, development, and COMMITTEE ON BANKING, HOUSING, AND URBAN (1) $68,200,000 for fiscal year 2005; application of nanotechnology, as well as AFFAIRS (2) $75,000,000 for fiscal year 2006; provide recommendations for preventing or Mr. BOND. Mr. President, I ask unan- (3) $80,000,000 for fiscal year 2007; and addressing such issues. imous consent that the Committee on

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.157 S18PT1 S15088 CONGRESSIONAL RECORD — SENATE November 18, 2003 Banking, Housing, and Urban Affairs tablish the Rio Grande outstanding age 29, of Independence, OR; 1LT Pierre be authorized to meet during the ses- natural area in the state of Colorado, Piche, age 28, of Starksboro, VT; SGT John sion of the Senate on November 18, and for other purposes, S. 1209, a bill to W. Russell, age 26, of Portland, TX; CWO Scott A. Saboe, age 33, of Willow Lake, SD; 2003, at 10 a.m. to conduct a hearing on provide for the acquisition of property SPC John R. Sullivan, age 26, of Country- the ‘‘Review of Current Investigations in Washington County, Utah, for imple- side, IL; SPC Eugene A. Uhl, III, age 21, of and Regulatory Actions Regarding the mentation of a desert tortoise habitat Amherst, WI; PFC Joey Whitener, age 19, of Mutual Fund Industry.’’ conservation plan, and H.R. 708, a bill McDowell County, NC; 2LT Jeremy L. Wolfe, The PRESIDING OFFICER. Without to require the conveyance of certain age 27, of Menomonie, WI. objection, it is so ordered. national forest system lands in Mr. President, my heart goes out to COMMITTEE ON COMMERCE, SCIENCE, AND Mendocino National Forest, California, the families of these brave young men. TRANSPORTATION to provide for the use of the proceeds America mourns your loss and honors Mr. BOND. Mr. President, I ask unan- from such conveyance for national for- you for the profound sacrifice you must imous consent that the Committee on est purposes, and for other purposes; S. now bear. Commerce, Science, and Transpor- 1167, which would resolve boundary My heart goes out to the community tation be authorized to meet on Tues- conflicts in Barry and Stone counties of Fort Campbell which grieves the loss day, November 18, 2003, in the Presi- in the State of Missouri, and S. 1848, of these 17 young men and the 36 other dent’s Room, immediately following which would amend the Bend Pine valiant soldiers of the 101st who have the first vote, on pending committee Nursery Land Conveyance Act to direct lost their lives since the war in Iraq business. the Secretary of Agriculture to sell the began. Each and every one of these sol- The PRESIDING OFFICER. Without Bend Pine Nursery Administrative site diers is a credit to our country. objection, it is so ordered. in the State of Oregon. The great American philosopher and COMMITTEE ON FINANCE The PRESIDING OFFICER. Without poet Ralph Waldo Emerson wrote: Mr. BOND. Mr. President, I ask unan- objection, it is so ordered. ‘‘Peace has its victories, but it takes brave men and women to win them.’’ imous consent that the Committee on SUBCOMMITTEE ON STRATEGIC FORCES Finance be authorized to meet during We will press forward in honor of Mr. BOND. Mr. President, I ask unan- those who have lost their lives fighting the session on Tuesday, November 18, imous consent that the subcommittee 2003, at 10 a.m., to hear testimony on this just and honorable war. With their on strategic forces of the committee on names emblazoned on our hearts, we nomination of Arnold I. Havens, to be armed services be authorized to meet General Counsel for the Department of will secure the victories of peace. during the session of the Senate on God bless them. God bless their fami- the Treasury. Tuesday, November 18, 2003, at 2:00 The PRESIDING OFFICER. Without lies. And God bless America. p.m., in open session to receive testi- objection, it is so ordered. mony on space acquisition policies and f COMMITTEE ON GOVERNMENTAL AFFAIRS processes. ENERGY AND WATER DEVELOP- Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. Without MENT APPROPRIATIONS ACT, imous consent that the Committee on objection, it is so ordered. 2004—CONFERENCE REPORT Governmental Affairs be authorized to meet on Tuesday, November 18, 2003, at PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Mr. FRIST. Mr. President, I ask 2:30 p.m. for a hearing to consider the Mr. BOND. Mr. President, I ask unan- unanimous consent that the Senate nomination of James M. Loy to be Dep- imous consent that the Permanent now proceed to the consideration of the uty Secretary of Homeland Security, Subcommittee on Investigations of the conference report to accompany H.R. Department of Homeland Security. Committee on Governmental Affairs be 2754, the energy and water appropria- The PRESIDING OFFICER. Without authorized to meet on Tuesday, No- tions bill. objection, it is so ordered. vember 18, 2003, at 9:30 a.m. for a hear- The PRESIDING OFFICER. Is there objection? COMMITTEE ON THE JUDICIARY ing entitled ‘‘U.S. Tax Shelter Indus- try: The Role of Accountants, Lawyers Without objection, it is so ordered. Mr. BOND. Mr. President, I ask unan- The Senate proceeded to consider the imous consent that the Committee on and Financial Professionals.’’ The PRESIDING OFFICER. Without conference report. the Judiciary be authorized to meet to (The text of the Conference Report is objection, it is so ordered. conduct a hearing on Tuesday, Novem- printed in the proceedings of the House The PRESIDING OFFICER. The ma- ber 18, 2003, at 9:30 a.m, on ‘‘America in the RECORD of November 7, 2003.) jority leader. after 9/11: Freedom Preserved or Free- Mr. DOMENICI. Mr. President, today dom Lost?,’’ in the Dirksen Senate Of- f I bring to the floor the Energy and fice Building Room 226. HONORING OUR ARMED FORCES Water Development Appropriations Panel I: Bob Barr, Former United conference report for fiscal year 2004, States Representative, Atlanta, GA; Mr. FRIST. Mr. President, I rise to approved by the conference committee Viet Dinh, Professor, Georgetown Uni- honor the 17 soldiers who lost their last week. versity Law Center, Washington, DC; lives this past Saturday in Iraq when My ranking member, Senator REID, James Zogby, Arab American Insti- two Black Hawk helicopters collided. and I have worked very hard this year tute, Washington, DC; James Dempsey, This tragedy stands as the deadliest to put together a fair conference report Center for Democracy and Technology, single incident since Operation Iraqi under extremely difficult cir- Washington, DC; Robert Cleary, Freedom began in March. It is the larg- cumstances. Proskauer Rose, LLP, New York, NY; est single loss of life for the 101st Air- For fiscal year 2004, the allocation to Nadine Strossen, President, American borne in 15 years. the conference committee was $27.3 bil- Civil Liberties Union, New York, NY; All 17 young soldiers served in the lion, an amount that is only $381.8 mil- and Muzaffar Chishti, Director, Migra- 101st Airborne Division based at Fort lion over the President’s request. This tion Policy Institute at New York Uni- Campbell. All 17 died serving their situation posed a daunting challenge to versity School of Law; New York, NY. country with valor and with courage. the conference, both in terms of fund- The PRESIDING OFFICER. Without I would like to read each of their ing and philosophy. objection, it is so ordered. names for the RECORD: As many of my colleagues know, the SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS SGT Michael D. Acklin, II, age 25, of Louis- President’s request dramatically cut Mr. BOND. Mr. President, I ask unan- ville, KY; SPC Ryan T. Baker, age 24, of water projects well below the current imous consent that the subcommittee Browns Mills, NJ; SFC Kelly Bolor, age 37, of year level. In fact, the President’s re- on Public Lands and Forests of the Whittier, CA; SPC Jeremy DiGiovanni, age quest was $530 million below the cur- Committee on Energy and Natural Re- 21, of Pricedale, MS; SPC William D. rent year level for water projects, and Dusenbery, age 30, of Fairview Heights, IL; sources be authorized to meet during PFC Rick Hafer, age 21, of Nitro, WV; SGT we received an increased allocation the session of the Senate on Tuesday, Warren S. Hansen, age 36, of Clintonville, WI; smaller than what we considered the November 18, at 2:30 p.m. PFC Sheldon R. Hawk Eagle, age 21, of total need of our conference report. The purpose of the hearings is to re- Grand Forks, ND; PFC Damian L. Heidel- Thus, the increased allocation, along ceive testimony on S. 1467, a bill to es- berg, age 21, of MS; CWO Erik C. Kesterson, with other funding adjustments, was

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.126 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15089 spread generally as follows: An addi- For renewable energy R&D, the con- ference report put together, without tional $377 million to corps water ference report provides $460 million, their close cooperation, this conference projects; an additional $70 million to which is $40 million above the Presi- report would not have been possible. Bureau of Reclamation water projects; dent’s request and $40 million above I would also like to thank my former an additional $70 million to the inde- the current year level. The conference staff, Clay Sell, for all the work he did pendent regional commissions, which report fully funds the President’s new on this bill early in the year until his were badly cut in the request, like the hydrogen technology initiative. departure for the White House. I thank Appalachian Regional Commission, For nuclear energy R&D, the con- Erin McHale of my staff for all of her Denali Regional Commission, and ference report provides $413 million, hard work. Delta Regional Commission; and we which is $136 million above the Presi- Mr. REID. Mr. President, it takes held the Department of Energy at basi- dent’s request and $147 million over the just a few seconds to do this, but this cally the President’s request level with comparable current year level. The is the culmination of weeks and weeks adjustments to areas where the con- members know that this is a great pri- of work. I want to spread on the ference felt the program growth was ority of mine, as we continue to make RECORD the affection I have for the too rapid, relative to other agencies investments that I believe will eventu- chairman of the Energy and Water under our jurisdiction. ally result in the construction of new Subcommittee, Senator PETE DOMEN- I believe, and I think Senator REID commercial power reactors in the ICI. This has been a very tough process would agree with me, that this was the United States. this year. But for his advocacy in pro- fairest way to distribute the very lim- For basic science research at DOE, tecting the Senate’s position, this bill ited resources available to the Com- the conference report provides $3.47 bil- would not be in the position it is. I, mittee. lion, which is $150 million above the again, want the RECORD spread with I will now highlight a few of the key President’s request and $180 million the partnership that he and I have on areas of the conference report. above the current year level. this legislation. This is legislation that The conference report provides $4.57 This conference report provides $55 is very good for the country. billion for the Army Corps of Engi- million for the Denali Commission, $66 By and large, I am pleased with the neers, that is $377 million above the million for the Appalachian Regional bill that the conferees have produced. President’s request, but $120 million Commission, and $5 million for the As conferees we are tasked with rec- below the current year level. We have Delta Regional Authority, an increase onciling House and Senate bills that included limited new construction of $3 million over the President’s re- were written with very different vi- projects and have focused our resources quest. sions and very different world views. on restoring the cuts to existing con- This conference report also provides Reconciling them has not been easy, struction projects. a total budget of $619 million for the nor has it been accomplished without a For the Bureau of Reclamation and Nuclear Regulatory Commission, the great deal of pain on both sides. related activities, the conference re- same as the budget request and an in- As these things usually are, this final port provides $990 million, which is $70 crease of $41 million over the current bill is a product of hard fought com- million above the President’s request, year level. promise and, often, splitting the dif- and $15 million above the current year Given the overall constraints, we ference between competing views. The level. worked hard but were unfortunately result is a bill with much for both sides For nuclear weapons activities of the limited to accommodating only the National Nuclear Security Administra- to like and much for both sides to dis- highest priority requests of Members tion, NNSA, the conference report pro- like. As Senate conferees, Chairman vides $6.27 billion, which is $105 million wherever possible. This was a difficult DOMENICI and I were faced with trying over the President’s request, and $360 conference, it I can honestly say, it million over the current year level. was truly a conference of compromise, to work out the differences between The budget increases are consistent one which I can assure my colleagues our bill, a fairly typical Senate Energy with a major Defense Department ini- was hard fought. In the end, I think and Water bill, and a House bill that tiative to restore our nuclear weapons what emerged was a conference report was far different than the ones pro- complex. which reflected the priorities of both duced in recent years by the other For nuclear non proliferation activi- Houses. body. ties, the conference report provides Finally, my colleagues should be Chairman HOBSON placed a far higher $1.37 billion, which is the same as the fully aware that the conference report priority on Yucca Mountain than his President’s request and $12 million I filed includes a provision regarding predecessors ever did and he added above the current year level. The con- the Middle Rio Grande River in New nearly $175 more than the President ference continues its leadership role on Mexico. The provision does two things. asked for to the project. At the same countering nuclear terrorism. This First it prohibits the use of outer-basin time, he placed a far lower emphasis on budget request, coupled with the $148 water for endangered species purposes. activities requested by the President million added in last year’s supple- Secondly, it establishes how the En- within our Nation’s nuclear weapons mental, gives a strong boost to these dangered Species Act will be complied complex, cutting nearly $300 million highly important programs. with for this river and the affected fish. from the program, including nearly For environmental clean-up of De- This is a very important provision that $200 million from the nuclear weapons partment of Energy sites, the con- has the bipartisan support in the New laboratories in New Mexico. As most of ference report provides $7.6 billion, Mexico delegation and at the state you know, Chairman DOMENICI has a which is $62 million below the Presi- level. Let me restate, so there is no passing interest in the health and well- dent’s request and $238 million above confusion, both Governor Richardson being of those labs. the current year level. For the first and Senator BINGAMAN, my colleague, Obviously, none of this was done with time in many years, the conference was fully support the language on the sil- any personal malice, but these honest not required to add huge additional very minnow that’s contained in this differences of opinion sure made for a amounts to maintain clean-up budgets conference report. lively conference. around the country. I thank my ranking member and The final bill contains $27.3 billion in For the Yucca Mountain project, the good friend, Senator REID. This was funding for the Department of Energy, Senate conference report provides $580 one of the toughest conferences he and the U.S. Army Corps of Engineers, the million, which is $11 million below the I have been in together, but through it Bureau of Reclamation, and several President’s request and funding for this all, I will tell my colleagues that Sen- other important agencies. The final project, as many of my colleagues ator REID supported me every step of bill exceeds the President’s request by know, it was a major point of conten- the way, and I thank him for that. $381 million and the FY 03 total by $1.13 tion in the conference with the House. Also, I would like to thank his excel- billion. This is a very important matter to lent staff, Drew Willison, Roger The engine that drives the Energy many members of the Senate, each for Cockrell and Nancy Olkewicz, for all and Water bill is funding for the Corps various reasons. the effort put forth in getting this con- of Engineers. Each year Chairman

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.146 S18PT1 S15090 CONGRESSIONAL RECORD — SENATE November 18, 2003 DOMENICI and I receive literally thou- report be adopted and that the motion soldiers, and 2 civilians were brutally mur- sands of requests for water projects in to reconsider be laid upon the table. dered through cowardly acts of terrorism all fifty States. We work hard to ac- The PRESIDING OFFICER. Without while on duty in Nassiriya, Iraq: Now, there- commodate as many of them as pos- objection, it is so ordered. fore, be it Resolved, That the Senate— sible each year. The conference report was agreed to. (1) mourns with the people of Italy on their I am pleased to report that total f National Day of Mourning for these 19 brave funding for the Corps of Engineers is souls; nearly $4.6 billion—a total that is $375 MEASURE PLACED ON THE CALENDAR—S. 1875 (2) acknowledges the sacrifices of the million above an utterly insufficient Italian people; and request from the Administration. I Mr. FRIST. Mr. President, I under- (3) recognizes the significant contributions wish we were able to do more, but, I stand there is a bill at the desk due its that Italy continues to make towards sta- feel we were able to keep many very second reading. bility and democracy around the world. important projects moving forward The PRESIDING OFFICER. The f clerk will report the title of the bill for this year and have been able to begin 21ST CENTURY NANOTECHNOLOGY some new ones. the second time. RESEARCH AND DEVELOPMENT Total funding for the Bureau of Rec- The legislative clerk read as follows: ACT lamation is set at $986 million, a total A bill (S. 1875) to amend the Employee Re- that is $64 million above the Presi- tirement Income Security Act of 1974, the Mr. FRIST. Mr. President, I ask dent’s request and $15 million above Public Health Service Act, and the Internal unanimous consent that the Senate the current year. As a Western Senator Revenue Code of 1986 to extend the mental proceed to the immediate consider- I had hoped this would be the year that health benefits parity provisions for an addi- ation of calendar No. 280, S. 189. we got the Bureau up to $1 billion, but tional year. The PRESIDING OFFICER. The we came up just short. However, I am Mr. FRIST. Mr. President, I object to clerk will state the bill by title. very pleased that we are pushing the further proceedings. The legislative clerk read as follows: Bureau’s budget in the right direction. The PRESIDING OFFICER. Objec- A bill (S. 189) to authorize appropriations The conferees were able to provide tion is heard. The bill will be placed on for nanoscience, nanoengineering, and total funding of $22 billion for the De- the calendar. nanotechnology research, and for other pur- partment of Energy. The Senate was f poses. able to convince the House to restore MEASURES INDEFINITELY POST- There being no objection, the Senate most of the nearly $300 million in cuts PONED—S. 1415, S. 1671, AND S. proceeded to consider the bill, which to DOE programs, but we are still near- 1746 had been reported from the Committee ly $120 million below the President’s on Commerce, Science, and Transpor- request. We are, however, $1.2 billion Mr. FRIST. Mr. President, I ask tation, with an amendment to strike above the current year. The overall in- unanimous consent that the following all after the enacting clause and insert- crease has allowed the conferees to pro- bills be indefinitely postponed: Cal- ing in lieu thereof the following: vide solid funding for the Office of endar No. 326, S. 1415; Calendar No. 327, [Strike the part shown in black Science, renewable energy projects, S. 1671, Calendar No. 328, S. 1746. brackets and insert the part shown in and the very important environmental The PRESIDING OFFICER. Without italic.] management clean-up projects nation- objection, it is so ordered. S. 189 wide. f As most of you know, Senator Be it enacted by the Senate and House of Rep- DEATHS OF ITALIAN CITIZENS IN resentatives of the United States of America in DOMENICI is a fierce defender of two nu- IRAQ Congress assembled, clear weapons labs in his home State, ø Mr. FRIST. Mr. President, I ask SECTION 1. SHORT TITLE. two institutions that do world class re- øThis Act may be cited as the ‘‘21st Cen- search and have helped to keep our Na- unanimous consent that the Senate tury Nanotechnology Research and Develop- tion safe and secure for over 50 years. now proceed to the consideration of S. ment Act’’. The House cut nearly $200 million from Res. 268 introduced earlier today by øSEC. 2. FINDINGS. the President’s budget request for Los Senator GRAHAM. øThe Congress makes the following find- Alamos and Sandia, a move that would The PRESIDING OFFICER. The ings: have had very negative ramifications clerk will report the resolution by ø(1) The emerging fields of nanoscience and for our Nation’s science-based stock- title. nanoengineering (collectively, pile stewardship program. I am pleased The legislative clerk read as follows: ‘‘nanotechnology’’), in which matter is ma- to report that we were able to restore A resolution (S. Res. 268) to express the nipulated at the atomic level (i.e., atom-by- most of these ill-advised cuts. The peo- sense of the Senate regarding the deaths of atom or molecule-by-molecule) in order to 19 citizens of Italy in Iraq. build materials, machines, and devices with ple of New Mexico are very lucky to novel properties or functions, are leading to have a Senator as skilled and deter- There being no objection, the Senate unprecedented scientific and technological mined as PETE DOMENICI working for proceeded to consider the resolution. opportunities that will benefit society by them. Mr. FRIST. Mr. President, I ask changing the way many things are designed Frankly, given the battle we were in unanimous consent that the resolution and made. with the House this year over our bill, be agreed to, the preamble be agreed ø(2) Long-term nanoscale research and de- I am glad he was also fighting for me to, the motion to reconsider be laid velopment leading to potential break- and the other 98 Members of the Sen- upon the table en bloc, and any state- throughs in areas such as materials and manufacturing, electronics, medicine and ate. ments relating to the resolution be I am very grateful to Chairman healthcare, environment, energy, chemicals, printed in the RECORD. biotechnology, agriculture, information DOMENICI and his new clerk, Tammy The PRESIDING OFFICER. Without technology, and national security could be Perrin, for being so dogged in their de- objection, it is so ordered. as significant as the combined influences of fense of the Senate position on so The resolution (S. Res. 268) was microelectronics, biotechnology, and infor- many issues. I have worked with his agreed to. mation technology on the 20th century. previous clerks, Alex Flint and Clay The preamble was agreed to. Nanotechnology could lead to things such Sell, and have found them both to be The resolution, with its preamble, as— ø outstanding. In Tammy, he has found reads as follows: (A) new generations of electronics where another terrific clerk. the entire collection of the Library of Con- S. RES. 268 As always, thanks to Drew Willison, gress is stored on devices the size of a sugar Roger Cockrell, and Nancy Olkewicz of Whereas the people of Italy are long-time cube; and resolute allies of the United States; ø(B) manufacturing that requires less ma- my subcommittee staff. I appreciate Whereas the people of Italy sent 2,700 of terial, pollutes less, and is embedded with so- everything they do for me and all of their finest citizens in contribution to the phisticated sensors that will internally de- the Members of the Senate. international effort to stabilize Iraq; and tect signs of weakness and automatically re- Mr. FRIST. Mr. President, I ask Whereas on Wednesday November 12, 2003, spond by releasing chemicals that will pre- unanimous consent that the conference 19 Italians including 12 Carabinieri, 5 army vent damage;

VerDate jul 14 2003 06:02 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.133 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15091 ø(C) prosthetic and medical implants guidance that are responsive to the realities ø(1) establish the goals, priorities, grand whose surfaces are molecularly designed to of the science, as well as additional research challenges, and metrics for evaluation for interact with the cells of the body; to predict, understand, and alleviate antici- Federal nanotechnology research, develop- ø(D) materials with an unprecedented com- pated problems. ment, and other activities; bination of strength, toughness, and light- ø(11) Nanotechnology will provide struc- ø(2) invest in Federal research and develop- ness that will enable land, sea, air, and space tures to enable the revolutionary concept of ment programs in nanotechnology and re- vehicles to become lighter and more fuel effi- quantum computing, which uses quantum lated sciences to achieve those goals; and cient; mechanical properties to do calculation. ø(3) provide for interagency coordination of ø(E) selective membranes that can fish out Quantum computing permits a small number Federal nanotechnology research, develop- specific toxic or valuable particles from in- of atoms to potentially store and process ment, and other activities undertaken pursu- dustrial waste or that can inexpensively enormous amounts of information. Just 300 ant to the program. desalinate sea water; and interacting atoms in a quantum computer ø(b) GOALS OF THE NATIONAL ø(F) tiny robotic spacecraft that will cost could store as much information as a clas- NANOTECHNOLOGY RESEARCH PROGRAM.—The less, consume very little power, adapt to un- sical electronic computer that uses all the goals of the program are as follows: expected environments, change its capabili- particles in the universe, and today’s com- ø(1) The coordination of long-term funda- ties as needed, and be completely autono- plex encryption algorithms, which would mental nanoscience and engineering re- mous. take today’s best super computer 20 billion search to build a fundamental understanding ø(3) Long-term, high-risk research is nec- years, could be cracked in 30 minutes. of matter enabling control and manipulation essary to create breakthroughs in tech- ø(12) The Executive Branch has previously at the nanoscale. nology. Such research requires government established a National Nanotechnology Ini- ø(2) The assurance of continued United funding since the benefits are too distant or tiative to coordinate Federal States global leadership in nanotechnology uncertain for industry alone to support. Cur- nanotechnology research and development to meet national goals and to support na- rent Federal investments in nanotechnology programs. This initiative has contributed tional economic, health, national security, research and development are not grounded significantly to the development of educational, and scientific interests. ø in any specifically authorized statutory nanotechnology. Authorizing legislation can (3) The advancement of United States pro- foundation. As a result, there is a risk that serve to establish new technology goals and ductivity and industrial competitiveness future funding for long-term, innovative re- research directions, improve agency coordi- through stable, consistent, and coordinated search will be tentative and subject to insta- nation and oversight mechanisms, help en- investments in long-term scientific and engi- bility which could threaten to hinder future sure optimal returns to investment, and sim- neering research in nanotechnology. ø United States technological and economic plify reporting, budgeting, and planning (4) The development of a network of growth. processes for the Executive Branch and the shared academic facilities and technology ø(4) The Federal government can play an Congress. centers, including State supported centers, important role in the development of ø(13) The private sector technology innova- that will play a critical role in accom- nanotechnology, as this science is still in its tions that grow from fundamental plishing the other goals of the program, fos- infancy, and it will take many years of sus- nanotechnology research are dependent on a ter partnerships, and develop and utilize tained investment for this field to achieve haphazard, expensive, and generally ineffi- next generation scientific tools. ø maturity. cient technology transition path. Strategies (5) The development of enabling ø(5) Many foreign countries, companies and for accelerating the transition of funda- infrastructural technologies that United scientists believe that nanotechnology will mental knowledge and innovations in com- States industry can use to commercialize be the leading technology of the 21st century mercial products or to support mission agen- new discoveries and innovations in and are investing heavily into its research. cies should be explored, developed, and when nanoscience. According to a study of international appropriate, executed. ø(6) The acceleration of the deployment nanotechnology research efforts sponsored ø(14) Existing data on the societal, ethical, and transition of advanced and experimental by the National Science and Technology educational, legal, and workforce implica- nanotechnology and concepts into the pri- Council, the United States is at risk of fall- tions and issues related to nanotechnology vate sector. ing behind its international competitors, in- are lacking. To help decision-makers and af- ø(7) The establishment of a program de- cluding Japan, South Korea, and Europe if it fected parties better anticipate issues likely signed to provide effective education and fails to sustain broad based funding in to arise with the onset and maturation of training for the next generation of research- nanotechnology. The United States cannot nanotechnology, research and studies on ers and professionals skilled in the multi- afford to fall behind our competitors if we these issues must be conducted and dissemi- disciplinary perspectives necessary for want to maintain our economic strength. nated. nanotechnology. ø(6) Advances in nanotechnology stemming ø(15) Many States and regions have begun ø(8) To ensure that philosophical, ethical, from Federal investments in fundamental re- nanotechnology programs. These programs and other societal concerns will be consid- search and subsequent private sector devel- have developed expertise, particularly with ered alongside the development of opment likely will create technologies that regard to providing infrastructure and pre- nanotechnology. support the work and improve the efficiency paring the nanotechnology workforce. The ø(c) RESEARCH AND DEVELOPMENT AREAS.— of the Federal government, and contribute Federal nanotechnology program should le- Through its participating agencies, the Na- significantly to the efforts of the govern- verage these existing State and local institu- tional Nanotechnology Research Program ment’s mission agencies. tions to best provide a coordinated and com- shall develop, fund, and manage Federal re- ø(7) According to various estimates, in- prehensive nanotechnology research port- search programs in the following areas: cluding those of the National Science Foun- folio. ø(1) LONG-TERM FUNDAMENTAL RESEARCH.— dation, the market for nanotech products ø(16) In ‘‘Small Wonders, Endless Fron- The program shall undertake long-term and services in the United States alone could tiers’’ the National Academy of Sciences’ basic nanoscience and engineering research reach over $1 trillion later this century. National Research Council recommends in- that focuses on fundamental understanding ø(8) Nanotechnology will evolve from mod- creased investment in nanotechnology, par- and synthesis of nanometer-size building ern advances in chemical, physical, biologi- ticularly at the intersection of blocks with potential for breakthroughs in cal, engineering, medical, and materials re- nanotechnology and biology. Such invest- areas such as materials and manufacturing, search, and will contribute to cross-discipli- ments will allow significant advancements nanoelectronics, medicine and healthcare, nary training of the 21st century science and in biotechnology and medicine. environment, energy, chemical and pharma- technology workforce. øSEC. 3. PURPOSE. ceuticals industries, biotechnology and agri- ø(9) Mastering nanotechnology will require øIt is the purpose of this Act to authorize culture, computation and information tech- a unique skill set for scientists and engineers a coordinated inter-agency program that will nology, and national security. Funds made that combine chemistry, physics, material support long-term nanoscale research and available from the appropriate agencies science, and information science. Funding in development leading to potential break- under this paragraph shall be used— these critical areas has been flat for many throughs in areas such as materials and ø(A) to provide awards of less than years and as a result fewer young people are manufacturing, nanoelectronics, medicine $1,000,000 each to single investigators and electing to go into these areas in graduate and healthcare, environment, energy, chemi- small groups to provide sustained support to schools throughout the United States. This cals, biotechnology, agriculture, information individual investigators and small groups will have to reverse if we hope to develop the technology, and national and homeland secu- conducting fundamental, innovative re- next generation of skilled workers with rity. search; and multi-disciplinary perspectives necessary for øSEC. 4. NATIONAL NANOTECHNOLOGY RE- ø(B) to fund fundamental research and the the development of nanotechnology. SEARCH PROGRAM. development of university-industry-labora- ø(10) Research on nanotechnology creates ø(a) NATIONAL NANOTECHNOLOGY RESEARCH tory and interagency (including State-led) unprecedented capabilities to alter ourselves PROGRAM.—The President shall establish a partnerships. and our environment and will give rise to a National Nanotechnology Research Program. ø(2) GRAND CHALLENGES.—The program host of novel social, ethical, philosophical, Through appropriate agencies, councils, and shall support grand challenges that are es- and legal issues. To appropriately address the National Coordination Office, the pro- sential for the advancement of the field and these issues will require wide reflection and gram shall— interdisciplinary research and education

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.134 S18PT1 S15092 CONGRESSIONAL RECORD — SENATE November 18, 2003 teams, including multidisciplinary ed in such areas by the Director of the Na- President shall seek and give due consider- nanotechnology research centers, that work tional Science Foundation using the Founda- ation to recommendations from the Con- on major long-term objectives. This funding tion’s funds and any funds contributed to the gress, industry, the scientific community area will fund, through participating agen- Foundation by other participating agencies (including the National Academy of cies, interdisciplinary research and edu- for this purpose. Such grants may be made Sciences), scientific professional societies, cation teams that aim to achieve major, to government or non-government awardees. academia, the defense community, the edu- long-term objectives, such as the following: Where appropriate, such grants may encour- cation community, State and local govern- ø(A) Nanomaterials by design which are age interagency partnerships or leverage the ments, and other appropriate organizations. stronger, lighter, harder, self-repairing, and expertise of State-supported nanotechnology ø(3) MEETINGS.—The Advisory Panel shall safer. programs. meet no less than twice annually, at such ø(B) Nanoelectronics, optoelectronics, and øSEC. 5. PROGRAM COORDINATION AND MANAGE- times and places as may be designated by the magnetics. MENT. Chairman in consultation with the National ø(C) Healthcare applications. ø(a) IN GENERAL.—The National Science Nanotechnology Coordination Office estab- ø(D) Nanoscale processes and environment. and Technology Council shall oversee the lished under subsection 5(c) of this Act. ø(E) Energy and energy conservation. planning, management, and coordination of ø(4) DUTIES.—The Advisory Panel shall ad- ø(F) Microspacecraft. the Federal nanotechnology research and de- vise the President and the National Science ø(G) Bio-nanodevices for detection and velopment program. The Council, itself or and Technology Council, and inform the Con- mitigation of biothreats to humans. through an appropriate subgroup it des- gress, on matters relating to the National ø(H) Economical, efficient, and safe trans- ignates or establishes, shall— Nanotechnology Program, including goals, ø portation. (1) establish a set of broad applications of roles, and objectives within the program, its ø(I) National and homeland security. nanotechnology research and development, capabilities and research needs, guidance on ø (J) Other appropriate challenges. or grand challenges, to be met by the results achieving major objectives, and establishing ø and activities of the program, based on na- (3) INTERDISCIPLINARY NANOTECHNOLOGY and measuring performance goals using ap- tional needs; RESEARCH CENTERS.—The Program, through propriate metrics. The Advisory Panel shall ø(2) submit to the Congress through the the appropriate agencies, shall fund, on a issue an annual report, containing the infor- Senate Committee on Commerce, Science, competitive merit reviewed basis, research mation required by subsection (d) of this sec- and Transportation, and the House of Rep- centers in the range of $3,000,000 to $5,000,000 tion, to the President, the Council, the heads resentatives Committee on Science, an an- per year each for 5 years. A grant under this of each agency involved in the program, the nual report, along with the President’s an- paragraph to a center may be renewed for 1 Senate Committee on Commerce, Science, nual budget request, describing the imple- 5-year term on the basis of that center’s per- and Transportation, and the House of Rep- mentation of the program under section 4; formance, determined after a review. The resentatives Committee on Science, on or be- ø(3) provide for interagency coordination of program, through its participating agencies, fore September 30 of each year. shall encourage research networking among the program, including with the Department centers and researchers and require access to of Defense; ø(c) NATIONAL NANOTECHNOLOGY COORDINA- facilities to both academia and industry. The ø(4) coordinate the budget requests of each TION OFFICE.—The President shall establish a centers shall assist in reaching other initia- of the agencies involved in the program with National Nanotechnology Coordination Of- tive priorities, including fundamental re- the Office of Management and Budget to en- fice, with full-time staff, to provide day-to- search, grand challenges, education, develop- sure that a balanced research portfolio is day technical and administrative support to maintained in order to ensure the appro- ment and utilization of specific research the Council and the Advisory Panel, and to tools, and promoting partnerships with in- priate level of research effort; be the point of contact on Federal dustry. To the greatest extent possible, ø(5) provide guidance each year to the par- agencies participating in the program shall ticipating departments and agencies con- nanotechnology activities for government establish geographically diverse centers in- cerning the preparation of appropriations re- organizations, academia, industry, profes- cluding at least one center in a State partici- quests for activities related to the program; sional societies, State nanotechnology pro- pating in the National Science Foundation’s ø(6) consult with academic, industry, State grams, and others to exchange technical and (NSF) Experimental Program, to Stimulate and local government (including State and programmatic information. The Office shall Competitive Research (EPSCoR), established regional nanotechnology programs), and promote full coordination of research efforts under section 113 of the NSF Authorization other appropriate groups conducting re- between agencies, scientific disciplines, and Act of 1988 (42 U.S.C. 1862(g)) and shall en- search on and using nanotechnology; United States industry. courage the participation of minority serv- ø(7) establish an Information Services and ing institutions at these centers. Applications Council to promote access to ø(d) PROGRAM PLANS AND REPORTS.— ø(4) RESEARCH INFRASTRUCTURE.—The pro- and early application of the technologies, in- ø(1) ANNUAL EVALUATION OF gram, through its participating agencies, novations, and expertise derived from NANOTECHNOLOGY RESEARCH DEVELOPMENT shall ensure adequate research infrastruc- nanotechnology research and development PROGRAM.—The report by the Advisory ture and equipment for rapid progress on program activities to agency missions and Panel, required pursuant to subsection (b)(4), program goals, including the employment of systems across the Federal government, and shall include— underutilized manufacturing facilities in to United States industry; ø(A) a review of the program’s technical areas of high unemployment as production ø(8) in cooperation with the Advisory success in achieving the stated goals and engineering and research testbeds for mi- Panel established under subsection (b), de- grand challenges according to the metrics cron-scale technologies. Major research velop and apply measurements using appro- established by the program and Advisory equipment and instrumentation shall be an priate metrics for evaluating program per- Panel; eligible funding purpose under the program. formance and progress toward goals; and ø(B) a review of the program’s manage- ø(5) SOCIETAL, ETHICAL, EDUCATIONAL, ø(9) identify research areas which are not ment and coordination; LEGAL, AND WORKFORCE ISSUES RELATED TO being adequately addressed by the agencies’ ø(C) a review of the funding levels by each NANOTECHNOLOGY.—The Director of the Na- current research programs. agency for the program’s activities and their tional Science Foundation shall establish a ø(b) PRESIDENT’S NANOTECHNOLOGY ADVI- ability to achieve the program’s stated goals new Center for Societal, Ethical, Edu- SORY PANEL.— and grand challenges; cational, Legal, and Workforce Issues Re- ø(1) ESTABLISHMENT.—The President shall ø(D) a review of the balance in the pro- lated to Nanotechnology at $5,000,000 per establish a National Nanotechnology Advi- gram’s portfolio and components across year to encourage, conduct, coordinate, com- sory Panel. agencies and disciplines; mission, collect, and disseminate research on ø(2) SELECTION PROCEDURES.—The Presi- ø(E) an assessment of the degree of partici- the societal, ethical, educational, legal, and dent shall establish procedures for the selec- pation in the program by minority serving workforce issues related to nanotechnology. tion of individuals not employed by the Fed- institutions and institutions located in The Center shall also conduct studies and eral government who are qualified in the States participating in NSF’s EPSCoR pro- provide input and assistance to the Director science of nanotechnology and other appro- gram; of the National Science Foundation in com- priate fields and may, pursuant to such pro- ø(F) a review of policy issues resulting pleting the annual report required under cedures, select up to 20 individuals, one of from advancements in nanotechnology and paragraph 7(b)(3) of this Act. whom shall be designated Chairman, to serve its effects on the scientific enterprise, com- ø(6) TRANSITION OF TECHNOLOGY.—The pro- on the Advisory Panel. Selection of individ- merce, workforce, competitiveness, national gram, through its participating agencies, uals for the Advisory Panel shall be based security, medicine, and government oper- shall ensure cooperation and collaboration solely on established records of distinguished ations; with United States industry in all relevant fundamental and applied scientific service, ø(G) recommendations for new program research efforts and develop mechanisms to and the panel shall contain a reasonable goals and grand challenges; assure prompt technology transition. cross-section of views and expertise, includ- ø(H) recommendations for new research ø(7) GAP FUNDING.—The program shall ad- ing those regarding the societal, ethical, areas, partnerships, coordination and man- dress research areas identified by the Coun- educational, legal, and workforce issues re- agement mechanisms, or programs to be es- cil under section 5(a)(9) of this Act through lated to nanotechnology. In selecting indi- tablished to achieve the program’s stated a program of competitive grants to be award- viduals to serve on the Advisory Panel, the goals and grand challenges;

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.134 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15093 ø(I) recommendations for new investments funding area for the fiscal year during which with respect to nanotechnology research and by each participating agency in each pro- such report is submitted, and the levels pro- development, including the identification of gram funding area for the 5-year period fol- posed for the fiscal year with respect to any critical research areas where the United lowing the delivery of the report; which the budget submission applies, and States should be the world leader to best ø(J) reviews and recommendations regard- compare these levels to the most recent rec- achieve the goals of the program. ing other issues deemed pertinent or speci- ommendations of the Advisory Panel and the ø(B) EVALUATION TO BE TRANSMITTED TO fied by the panel; and external review of the program; CONGRESS.—The Director of the National ø(K) a technology transition study which ø(E) describes coordination and partner- Science Foundation shall transmit the re- includes an evaluation of the Federal ship activities with State, local, inter- sults of any evaluation for which it made ar- nanotechnology research and development national, and private sector efforts in rangements under subparagraph (A) to the program’s success in transitioning its re- nanotechnology research and development, Senate Committee on Commerce, Science, search, technologies, and concepts into com- and how they support the goals of the pro- and Transportation and the House of Rep- mercial and military products, including— gram; resentatives Committee on Science upon re- ø(i) examples of successful transition of re- ø(F) describes mechanisms and efforts used ceipt. The first such evaluation shall be search, technologies, and concepts from the by the program to assist in the transition of transmitted no later than June 10, 2005, with Federal nanotechnology research and devel- innovative concepts and technologies from subsequent evaluations transmitted to the opment program into commercial and mili- Federally funded programs into the commer- Committees every 3 years thereafter. tary products; cial sector, and successes in these transition øSEC. 6. AUTHORIZATION OF APPROPRIATIONS. ø(ii) best practices of universities, govern- activities; ø(a) NATIONAL SCIENCE FOUNDATION.— ment, and industry in promoting efficient ø(G) describes coordination between the ø(1) GENERAL AUTHORIZATION.—There are and rapid technology transition in the military and civilian portions, as well as the authorized to be appropriated to the Director nanotechnology sector; life science and non-life science portions, of of the National Science Foundation to carry ø(iii) barriers to efficient technology tran- the program in technology development, sup- out the Director’s responsibilities under this sition in the nanotechnology sector, includ- porting the goals of the program, and sup- Act $346,150,000 for fiscal year 2004. ing, but not limited to, standards, pace of porting the mission needs of the departments ø(2) SPECIFIC ALLOCATIONS.— technological change, qualification and test- and agencies involved; ø ing of research products, intellectual prop- ø(H) analyzes the progress made toward (A) INTERDISCIPLINARY NANOTECHNOLOGY erty issues, and Federal funding; and achieving the goals, priorities, and grand RESEARCH CENTERS.—Of the amounts de- ø(iv) recommendations for government challenges designated for the program ac- scribed in paragraph (1), $50,000,000 for fiscal sponsored activities to promote rapid tech- cording to the metrics established by the year 2004, shall be available for grants of up nology transition in the nanotechnology sec- program and the Advisory Panel; and to $5,000,000 each for multidisciplinary tor. ø(I) recommends new mechanisms of co- nanotechnology research centers. ø ø(2) OFFICE OF MANAGEMENT AND BUDGET ordination, program funding areas, partner- (B) CENTER FOR SOCIETAL, ETHICAL, EDU- REVIEW.— ships, or activities necessary to achieve the CATIONAL, LEGAL, AND WORKFORCE ISSUES RE- ø(A) BUDGET REQUEST REVIEW.—Each Fed- goals, priorities, and grand challenges estab- LATED TO NANOTECHNOLOGY.—Of the sums au- eral agency and department participating in lished for the program. thorized for the National Science Founda- the program shall, as part of its annual re- ø(4) TRIENNIAL EXTERNAL REVIEW OF tion each fiscal year, $5,000,000 shall be used quest for appropriations, submit information NANOTECHNOLOGY RESEARCH AND DEVELOP- to establish a university-based Center for So- to the Office of Management and Budget in- MENT PROGRAM.— cietal, Ethical, Educational, Legal, and cluding— ø(A) IN GENERAL.—The Director of the Na- Workforce Issues Related to ø(i) each element of its nanotechnology re- tional Science Foundation shall enter into Nanotechnology. search and development activities that con- an arrangement with the National Research ø(C) NATIONAL NANOTECHNOLOGY COORDINA- tributes directly to the program or benefits Council of the National Academy of Sciences TION OFFICE.—Of the sums authorized for the from the program; to conduct a triennial evaluation of the Fed- National Science Foundation each fiscal ø(ii) the portion of its request for appro- eral nanotechnology research and develop- year, $5,000,000 shall be used for the activi- priations that is allocated to each such ele- ment program, including— ties of the Nanotechnology Coordination Of- ment; and ø(i) a review of the technical success of the fice. ø(iii) the portion of its request for appro- program in achieving the stated goals and ø(D) GAP FUNDING.—Of the sums authorized priations that is allocated to each program grand challenges under the metrics estab- for the National Science Foundation each funding area. lished by the program and the fiscal year, $5,000,000 shall be for use in com- ø(B) OMB REVIEW AND ALLOCATION STATE- nanotechnology Advisory Panel, and under petitive grants as described in section 4(c)(7) MENT.—The Office of Management and Budg- other appropriate measurements; of this Act. et shall review the information provided ø(ii) a review of the program’s manage- ø(b) DEPARTMENT OF ENERGY.—There are under subparagraph (A) in light of the goals, ment and coordination across agencies and authorized to be appropriated to the Sec- priorities, grand challenges, and agency and disciplines; retary of Energy to carry out the Secretary’s departmental responsibilities set forth in the ø(iii) a review of the funding levels by each responsibilities under this Act $160,195,000 for annual report of the Council under para- agency for the program’s activities and their fiscal year 2004. graph (3), and shall include in the President’s ability with such funding to achieve the pro- ø(c) NATIONAL AERONAUTICS AND SPACE AD- annual budget estimate, a statement delin- gram’s stated goals and grand challenges; MINISTRATION.—There are authorized to be eating the amount and portion of each ap- ø(iv) recommendations for new or revised appropriated to the Administrator of the Na- propriate agency’s or department’s annual program goals and grand challenges; tional Aeronautics and Space Administra- budget estimate relating to its activities un- ø(v) recommendations for new research tion to carry out the Administrator’s respon- dertaken pursuant to the program. areas, partnerships, coordination and man- sibilities under this Act $58,650,000 for fiscal ø(3) ANNUAL NSTC REPORT TO CONGRESS ON agement mechanisms, or programs to be es- year 2004. THE NANOTECHNOLOGY RESEARCH DEVELOP- tablished to achieve the program’s stated ø(d) NATIONAL INSTITUTES OF HEALTH.— MENT PROGRAM.—The National Science and goals and grand challenges; There are authorized to be appropriated to Technology Council shall submit an annual ø(vi) recommendations for investment lev- the Director of the National Institutes to report to the Congress that— els in light of goals by each participating carry out the Director’s responsibilities ø(A) includes a detailed description of the agency in each program funding area for the under this Act $49,680,000 for fiscal year 2004. goals, grand challenges, and program funding 5-year period following the delivery of the ø(e) NATIONAL INSTITUTE OF STANDARDS areas established by the President for the report; AND TECHNOLOGY.—There are authorized to program; ø(vii) recommendations on policy, pro- be appropriated to the Director of the Na- ø(B) sets forth the relevant programs and gram, and budget changes with respect to tional Institute of Standards and Technology activities, for the fiscal year with respect to nanotechnology research and development to carry out the Director’s responsibilities which the budget submission applies, of each activities; under this Act $50,600,000 for fiscal year 2004. Federal agency and department, partici- ø(viii) recommendations for improved ø(f) ENVIRONMENTAL PROTECTION AGENCY.— pating in the program, as well as such other metrics to evaluate the success of the pro- There are authorized to be appropriated to agencies and departments as the President gram in accomplishing its stated goals; the Administrator of the Environmental or the Director considers appropriate; ø(ix) a review of the performance of the In- Protection Agency to carry out the Adminis- ø(C) describes the levels of Federal funding formation Services and Applications Council trator’s responsibilities under this Act for the fiscal year during which such report and its efforts to promote access to and early $5,750,000 for fiscal year 2004. is submitted, and the levels proposed for the application of the technologies, innovations, ø(g) DEPARTMENT OF JUSTICE.—There are fiscal year with respect to which the budget and expertise derived from program activi- authorized to be appropriated to the Director submission applies, for each of the program ties to agency missions and systems across of the National Institute of Justice to carry funding areas of the program; the Federal government and to United out the Director’s responsibilities under this ø(D) describes the levels of Federal funding States industry; and Act $1,610,000 for fiscal year 2004. for each agency and department partici- ø(x) an analysis of the relative position of ø(h) DEPARTMENT OF TRANSPORTATION.— pating in the program and each program the United States compared to other nations There are authorized to be appropriated to

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.134 S18PT1 S15094 CONGRESSIONAL RECORD — SENATE November 18, 2003 the Secretary of Transportation to carry out ture so that United States industry can rap- Office of Management and Budget to ensure the Secretary’s responsibilities under this idly commercialize new discoveries in that a balanced nanotechnology research port- Act $2,300,000 for fiscal year 2004. nanotechnology.¿ folio is maintained in order to ensure the appro- ø(i) DEPARTMENT OF AGRICULTURE.—There SECTION 1. SHORT TITLE. priate level of research effort; are authorized to be appropriated to the Sec- This Act may be cited as the ‘‘21st Century (5) exchange information with academic, in- retary of Agriculture to carry out the Sec- Nanotechnology Research and Development dustry, State and local government (including retary’s responsibilities under this Act Act’’. State and regional nanotechnology programs), $2,870,000 for fiscal year 2004. SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM. and other appropriate groups conducting re- øSEC. 7. SOCIETAL, ETHICAL, EDUCATIONAL, (a) NATIONAL NANOTECHNOLOGY PROGRAM.— search on and using nanotechnology; LEGAL, AND WORKFORCE ISSUES The President shall implement a National (6) develop a plan to utilize Federal programs, RELATED TO NANOTECHNOLOGY. Nanotechnology Program. Through appropriate such as the Small Business Innovation Research ø(a) STUDIES.—The Director of the Na- agencies, councils, and the National Program and the Small Business Technology tional Science Foundation shall encourage, Nanotechnology Coordination Office established Transfer Research Program, in support of the conduct, coordinate, commission, collect, in subsection (d), the Program shall— goal stated in subsection (b)(5); and disseminate studies on the societal, eth- (1) Establish the goals, priorities, grand chal- (7) identify research areas that are not being ical, educational, and workforce implica- lenges, and metrics for evaluation for Federal adequately addressed by the agencies’ current tions of nanotechnology through the Center nanotechnology research, development, and research programs; for Societal, Ethical, Educational, Legal, other activities; (8) encourage progress on Program goals and Workforce Issues established under sec- (2) Invest in Federal research and develop- through the utilization of existing manufac- tion 4(c)(5). The studies shall identify antici- ment programs in nanotechnology and related turing facilities and industrial infrastructures pated issues and problems, as well as provide sciences to achieve those goals; and such as, but not limited to, the employment of recommendations for preventing or address- (3) Provide for interagency coordination of underutilized manufacturing facilities in areas ing such issues and problems. Federal nanotechnology research, development, of high unemployment as production engineer- ø(b) DATA COLLECTION.—The Director of and other activities undertaken pursuant to the ing and research testbeds; and the National Science Foundation shall col- Program. (9) provide for, on a merit-reviewed, competi- lect data on the size of the anticipated (b) GOALS.—The goals of the National tive basis, interdisciplinary nanotechnology re- nanotechnology workforce need by detailed Nanotechnology Program shall include: search centers, which to the greatest extent pos- occupation, industry, and firm characteris- (1) Developing a fundamental understanding sible, shall be established in geographically di- tics, and assess the adequacy of the trained of matter that enables control and manipulation verse centers including at least one center in a talent pool in the United States to fill such at the nanoscale. State participating in the National Science workforce needs. (2) Ensuring United States global leadership Foundation’s (NSF) Experimental Program to ø(c) ANNUAL REPORT.—The Director of the in the development and application of Stimulate Competitive Research (EPSCoR), es- National Science Foundation shall compile nanotechnology. tablished under section 113 of the NSF Author- the studies required by paragraph (2) and, (3) Advancing the United States productivity ization Act of 1988 (42 U.S.C. 1862(g)) and shall with the assistance of the Center for Soci- and industrial competitiveness through stable, encourage the participation of minority serving etal, Ethical, Educational, Legal, and Work- consistent, and coordinated investments in long- institutions at these centers. force Issues Related to Nanotechnology es- term scientific and engineering research in (d) PROGRAM COORDINATION.—The President tablished under section 4(c)(5) of this Act, nanotechnology. shall establish a National Nanotechnology Co- shall complete a report that includes a de- (4) Developing a network of shared facilities ordination Office, with full-time staff, which scription of the Center’s activities, which and centers to foster partnerships among re- shall— shall be submitted to the President, the searchers in nanotechnology. (1) provide technical and administrative sup- Council, the Senate Committee on Com- (5) Accelerating the deployment and applica- port to the Council and the Advisory Panel; merce, Science, and Transportation, and the tion in the private sector, including startup (2) serve as the point of contact on Federal House of Representatives Committee on companies, of nanoscale-related research and nanotechnology activities for government orga- Science not later than 18 months after the development. nizations, academia, industry, professional soci- date of enactment of this Act. (6) Providing effective education and training eties, State nanotechnology programs, interested citizen groups, and others to exchange technical ø for researchers and professionals skilled in the SEC. 8. DEFINITIONS. multidisciplinary perspectives necessary for and programmatic information; ø In this Act: nanotechnology so that a true interdisciplinary (3) conduct public outreach, including dis- ø (1) ADVISORY PANEL.—The term ‘‘Advisory research culture for nanoscale science, engineer- semination of findings and recommendations of Panel’’ means the President’s National ing, and technology can emerge. the Advisory Panel, as appropriate; and Nanotechnology Panel. (7) Ensuring that ethical, legal, environ- (4) establish an office to promote access to and ø (2) FUNDAMENTAL RESEARCH.—The term mental, and other appropriate societal concerns early application of the technologies, innova- ‘‘fundamental research’’ means research that are considered during the development of tions, and expertise derived from Program ac- builds a fundamental understanding and nanotechnology, including safer sustainable tivities to agency missions and systems across leads to discoveries of the phenomena, proc- nanoscience products and processing. the Federal Government, and to United States esses, and tools necessary to control and ma- (c) PROGRAM MANAGEMENT.—The National industry, including startup companies. nipulate matter at the nanoscale. Science and Technology Council shall oversee (e) ANNUAL REPORT.—The Council shall pre- ø(3) GRAND CHALLENGE.—The term ‘‘grand the planning, management, and coordination of pare an annual report, to be submitted to the challenge’’ means a fundamental problem in the National Nanotechnology Program. The House of Representatives Committee on Science science or engineering, with broad economic Council, itself or through an appropriate sub- and the Senate Committee on Commerce, and scientific impact, whose solution will re- group it designates or establishes, shall— Science, and Transportation at the time of the quire the application of nanotechnology. (1) establish a set of broad applications of President’s budget request to Congress, that in- ø(4) INTERDISCIPLINARY NANOTECHNOLOGY nanotechnology research and development, or cludes— RESEARCH CENTER.—The term ‘‘interdiscipli- grand challenges, to be met by the results and (1) the Program budget, for the current fiscal nary nanotechnology research center’’ activities of the Program, based on national year, for each agency that participates in the means a group of 6 or more researchers col- needs; Program, including a breakout of spending for laborating across scientific and engineering (2) provide for interagency coordination of the the development and acquisition of research fa- disciplines on large-scale long-term research Program, including with the activities of the De- cilities and instrumentation, for each program projects that will significantly advance the fense Nanotechnology Research and Develop- component area, and for all activities pursuant science supporting the development of ment Program established under section 246 of to subsection (b)(7), which shall be submitted by nanotechnology or the use of the Bob Stump National Defense Authorization December 31st of such year; nanotechnology in addressing scientific Act for Fiscal Year 2003 (Public Law 107–314); (2) the proposed Program budget for the next issues of national importance, consistent (3) develop, within 12 months after the date of fiscal year, for each agency that participates in with the goals set forth in section 4(b). enactment of this Act, and update every 4 years the Program, including a breakout of spending ø(5) NANOTECHNOLOGY.—The term thereafter, a strategic plan to meet the goals for the development and acquisition of research ‘‘nanotechnology’’ means the ability to work and priorities established under subsection (b) facilities and instrumentation, for each program at the molecular level, atom-by-atom, to and to guide the activities and anticipated out- component area, and for all activities pursuant create large structures with fundamentally comes of the participating agencies, including a to subsection (b)(7); new molecular organization. description of how the Program will move re- (3) an analysis of the progress made toward ø(6) PROGRAM.—The term ‘‘program’’ sults out of the laboratory and into application achieving the goals and priorities established for means the national nanotechnology research for the benefit of society, support for long-term the Program; program established under section 4. funding for multidisciplinary research and de- (4) an analysis of the extent to which the Pro- ø(7) RESEARCH INFRASTRUCTURE.—The term velopment in technology, and dedication of gram has incorporated the recommendations of ‘‘research infrastructure’’ means the meas- funding for interagency nanotechnology the Advisory Panel and the Center, established urement science, instrumentation, modeling projects; in section 7 of this Act; and and simulation, and user facilities needed to (4) coordinate the budget requests of each of (5) an assessment of how Federal agencies are develop a flexible and enabling infrastruc- the agencies involved in the Program with the implementing the plan described in section

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00122 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.134 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15095 (c)(7), and a description of the amount of Small (3) a review of the funding levels by each (C) $321,000,000 for fiscal year 2006; Business Innovative Research and Small Busi- agency for the Program’s activities and their (D) $340,000,000 for fiscal year 2007; and ness Technology Transfer Research funds sup- ability with such funding to achieve the Pro- (E) $360,000,000 for fiscal year 2008. porting the plan. gram’s stated goals; (2) ALLOCATION.—Of the sums authorized by SEC. 3. ADVISORY PANEL. (4) recommendations for new or revised Pro- paragraph (1) for each fiscal year, $25,000,000 shall be used on a merit-reviewed and competi- (a) IN GENERAL.—The President shall estab- gram goals; lish or designate a National Nanotechnology (5) recommendations for new research areas, tive basis to support consortia that integrate Advisory Panel. partnerships, coordination and management newly developed nanotechnology and microfluidic tools with systems biology, immu- (b) QUALIFICATIONS.—The Panel established mechanisms, or programs to be established to or designated by the President under subsection achieve the Program’s stated goals; nology, and molecular imaging, of which at (a) shall consist primarily of individuals who (6) recommendations for investment levels by least 1 such consortium shall be provided with are non-Federal members and shall include rep- each participating agency in each Program at least $10,000,000 for each fiscal year. (c) NATIONAL AERONAUTICS AND SPACE ADMIN- resentatives of academia and industry. Members funding area for the 5-year period following the ISTRATION.—There are authorized to be appro- of such Panel shall be qualified to provide ad- delivery of the report; priated to the Administrator of the National vice and information on nanotechnology re- (7) recommendations on policy, program, and Aeronautics and Space Administration to carry search, development, demonstrations, education, budget changes with respect to nanotechnology out the Administrator’s responsibilities under technology transfer, commercial application, or research and development activities; this Act— societal and ethical concerns. In selecting or (8) recommendations for improved metrics to (1) $31,000,000 for fiscal year 2004; designating an Advisory Panel, the President evaluate the success of the Program in accom- plishing its stated goals; (2) $34,100,000 for fiscal year 2005; may also seek and give consideration to rec- (3) $37,500,000 for fiscal year 2006; ommendations from the Congress, industry, the (9) a review of the performance of the Na- tional Nanotechnology Coordination Office and (4) $40,000,000 for fiscal year 2007; and scientific community (including the National (5) $42,300,000 for fiscal year 2008. its efforts to promote access to and early appli- Academy of Sciences), scientific professional so- (d) NATIONAL INSTITUTES OF HEALTH.—There cation of the technologies, innovations, and ex- cieties, academia, the defense community, State are authorized to be appropriated to the Direc- pertise derived from program activities to agency and local governments, regional nanotechnology tor of the National Institutes to carry out the missions and systems across the Federal Govern- programs, and other appropriate organizations. Director’s responsibilities under this Act— ment and to United States industry; and (c) DUTIES.—The Panel shall advise the Presi- (1) $70,000,000 for fiscal year 2004; dent and the Council on matters relating to the (10) an analysis of the relative position of the (2) $77,000,000 for fiscal year 2005; Program, including assessing— United States compared to other nations with (3) $85,000,000 for fiscal year 2006; (1) trends and developments in respect to nanotechnology research and develop- (4) $90,000,000 for fiscal year 2007; and nanotechnology science and engineering; ment, including the identification of any critical (5) $95,000,000 for fiscal year 2008. (2) progress made in implementing the Pro- research areas where the United States should (e) NATIONAL INSTITUTE OF STANDARDS AND gram; be the world leader to best achieve the goals of TECHNOLOGY.—There are authorized to be ap- (3) the need to revise the Program; the Program. propriated to the Director of the National Insti- (4) the balance among the components of the (b) EVALUATION TO BE TRANSMITTED TO CON- tute of Standards and Technology to carry out Program, including funding levels for the pro- GRESS.—The Director of the National Science the Director’s responsibilities under this Act— gram component areas; Foundation shall transmit the results of any (1) $62,000,000 for fiscal year 2004; (5) whether the Program component areas, evaluation for which it made arrangements (2) $68,200,000 for fiscal year 2005; priorities, and technical goals developed by the under subsection (a) to the Advisory Panel, the (3) $75,000,000 for fiscal year 2006; Council are helping to maintain United States Senate Committee on Commerce, Science, and (4) $80,000,000 for fiscal year 2007; and leadership in nanotechnology; Transportation and the House of Representa- (5) $84,000,000 for fiscal year 2008. (6) the management, coordination, implemen- tives Committee on Science upon receipt. The (f) ENVIRONMENTAL PROTECTION AGENCY.— tation, and activities of the Program; and first such evaluation shall be transmitted no There are authorized to be appropriated to the (7) whether societal, ethical, environmental, later than June 10, 2005, with subsequent eval- Administrator of the Environmental Protection and workforce concerns are adequately ad- uations transmitted to the Committees every 3 Agency to carry out the Administrator’s respon- dressed by the Program. years thereafter. sibilities under this Act— (d) REPORTS.—The Advisory Panel shall re- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (1) $5,000,000 for fiscal year 2004; port, not less frequently than once every 2 fiscal (a) NATIONAL SCIENCE FOUNDATION.— (2) $5,500,000 for fiscal year 2005; years, to the President, the Senate Committee on (1) IN GENERAL.—There are authorized to be (3) $6,050,000 for fiscal year 2006; Commerce, Science, and Technology, and the appropriated to the Director of the National (4) $6,413,000 for fiscal year 2007; and House of Representatives Committee on Science Science Foundation to carry out the Director’s (5) $6,800,000 for fiscal year 2008. on its assessments under subsection (c) and its responsibilities under this Act— (g) DEPARTMENT OF JUSTICE.—There are au- recommendations for ways to improve the Pro- (A) $350,000,000 for fiscal year 2004; thorized to be appropriated to the Director of gram. The first report under this subsection (B) $385,000,000 for fiscal year 2005; the National Institute of Justice to carry out the shall be submitted within 1 year after the date (C) $424,000,000 for fiscal year 2006; Director’s responsibilities under this Act— (1) $1,000,000 for fiscal year 2004; of enactment of this Act. (D) $449,000,000 for fiscal year 2007; and (2) $1,100,000 for fiscal year 2005; (e) TRAVEL EXPENSES OF NON-FEDERAL MEM- (E) $476,000,000 for fiscal year 2008. (3) $1,210,000 for fiscal year 2006; BERS.—Non-Federal members of the Panel, while PECIFIC ALLOCATIONS.— (2) S (4) $1,283,000 for fiscal year 2007; and attending meetings of the Panel or while other- (A) INTERDISCIPLINARY NANOTECHNOLOGY RE- (5) $1,360,000 for fiscal year 2008. wise serving at the request of the head of the SEARCH CENTERS.—Of the amounts authorized (h) DEPARTMENT OF HOMELAND SECURITY.— Panel away from their homes or regular places by paragraph (1) for each fiscal year, $50,000,000 There are authorized to be appropriated to the of business, may be allowed travel expenses, in- for each fiscal year shall be available for grants Secretary of Homeland Security to carry out the cluding per diem in lieu of subsistence, as au- of up to $5,000,000 each for multidisciplinary Secretary’s responsibilities under this Act— thorized by section 5703 of title 5, United States nanotechnology research centers. (1) $2,000,000 for fiscal year 2004; Code, for individuals in the Government serving (B) AMERICAN NANOTECHNOLOGY PREPARED- (2) $2,200,000 for fiscal year 2005; without pay. Nothing in this subsection shall be NESS CENTER.—Of the amounts authorized by (3) $2,420,000 for fiscal year 2006; construed to prohibit members of the Panel who paragraph (1) for each fiscal year, $5,000,000 (4) $2,570,000 for fiscal year 2007; and are officers or employees of the United States shall be used to establish and maintain a uni- (5) $2,720,000 for fiscal year 2008. from being allowed travel expenses, including versity-based American Nanotechnology Pre- (i) DEPARTMENT OF AGRICULTURE.—There are per diem in lieu of subsistence, in accordance paredness Center. authorized to be appropriated to the Secretary with existing law. (C) NATIONAL NANOTECHNOLOGY COORDINA- of Agriculture to carry out the Secretary’s re- SEC. 4. TRIENNIAL EXTERNAL REVIEW OF TION OFFICE.— Of the sums authorized by para- sponsibilities under this Act— NANOTECHNOLOGY RESEARCH AND graph (1) for each fiscal year, $5,000,000 shall be (1) $10,000,000 for fiscal year 2004; DEVELOPMENT PROGRAM. used for the activities of the Nanotechnology (2) $11,000,000 for fiscal year 2005; (a) IN GENERAL.—The Director of the National Coordination Office. (3) $12,100,000 for fiscal year 2006; Science Foundation shall enter into an arrange- (D) MANUFACTURING TECHNOLOGIES FOR (4) $12,830,000 for fiscal year 2007; and ment with the National Research Council of the NANOMATERIALS.—Of the sums authorized by (5) $13,600,000 for fiscal year 2008. National Academy of Sciences to conduct a tri- paragraph (1) for each fiscal year, $5,000,000 SEC. 6. AMERICAN NANOTECHNOLOGY PRE- ennial evaluation of the National shall be used for the activities of the Center for PAREDNESS CENTER. Nanotechnology Program, including— Nanomaterials Manufacturing. (a) IN GENERAL.—The Director of the National (1) a review of the technical success of the (b) DEPARTMENT OF ENERGY.— Science Foundation shall, on a merit-reviewed Program in achieving the stated goals under the (1) IN GENERAL.—There are authorized to be and competitive basis, establish a new American metrics established by the Program and the Ad- appropriated to the Secretary of Energy to carry Nanotechnology Preparedness Center to encour- visory Panel, and under other appropriate out the Secretary’s responsibilities under this age, conduct, coordinate, commission, collect, measurements; Act— and disseminate research on the educational, (2) a review of the Program’s management and (A) $265,000,000 for fiscal year 2004; legal, workforce, societal, and ethical issues re- coordination across agencies and disciplines; (B) $292,000,000 for fiscal year 2005; lated to nanotechnology.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00123 Fmt 0624 Sfmt 6333 E:\CR\FM\A18NO6.134 S18PT1 S15096 CONGRESSIONAL RECORD — SENATE November 18, 2003 (b) STUDIES.—The Director of the National (2) FUNDAMENTAL RESEARCH.—The term ‘‘fun- that social, ethical, environmental, Science Foundation, through the Center, shall damental research’’ means research that builds educational, legal, and workforce conduct, coordinate, commission, collect, and a fundamental understanding and leads to dis- issues will be analyzed, including the disseminate studies on the educational, legal, coveries of the phenomena, processes, and tools creation of a new center on a merit-re- workforce, societal, and ethical implications of necessary to control and manipulate matter at nanotechnology. The studies shall identify an- the nanoscale. viewed, competitive basis to study ticipated issues and problems, as well as provide (3) NANOTECHNOLOGY.—The term these issues. The bill also would estab- recommendations for preventing or addressing ‘‘nanotechnology’’ means the ability to work at lish a program at NIST to conduct such issues and problems. the molecular level, atom-by-atom, to create basic research on metrology and other (c) WORKFORCE DATA.—The Director of the large structures with fundamentally new molec- issues relating to nanotechnology- National Science Foundation shall collect data ular organization. based manufacturing. In addition, the on the size of the anticipated nanotechnology (4) PROGRAM.—The term ‘‘Program’’ means workforce need by detailed occupation, indus- the National Nanotechnology Program estab- bill would authorize the Secretary of try, and firm characteristics, and assess the ade- lished under section 2. Commerce, or his designee, to establish quacy of the trained talent pool in the United (5) COUNCIL.—The term ‘‘Council’’ means the a clearinghouse of information for States to fill such workforce needs. National Science and Technology Council or an issues relating to nanotechnology com- (d) ANNUAL REPORT.—The Director of the Na- appropriate subgroup designated by the Council mercialization. It is important that the tional Science Foundation shall compile the under section 2(c). (6) GRAND CHALLENGE.—The term ‘‘grand private sector has access to this basic studies required by paragraph (b) and, with the challenge’’ means a fundamental problem in research in nanotechnology, so that assistance of the Center, shall complete a report science or engineering, with broad potential eco- that includes a description of the Center’s ac- United States can attain a competitive nomic and scientific impact, the solution to tivities, which shall be submitted to the Presi- edge in this new field. which will require the application of dent, the Council, the Advisory Panel, the Sen- nanotechnology research. I thank my colleagues for their sup- ate Committee on Commerce, Science, and port of this important legislation. Transportation, and the House of Representa- Mr. MCCAIN. Mr. President, I am tives Committee on Science not later than 18 pleased to join my colleagues, Senators Mr. HOLLINGS. Mr. President, I am months after the date of enactment of this Act. ALLEN, WYDEN, HOLLINGS, and STEVENS proud to cosponsor S. 189, the 21st Cen- SEC. 7. COMMERCIALIZATION ISSUES RELATED in sponsoring this substitute amend- tury Nanotechnology Research and De- TO NANOSCIENCE AND ment to S. 189, the 21st Century velopment Act. With this legislation, NANOTECHNOLOGY. Nanotechnology Research and Develop- the Senate recognizes the emerging (a) IN GENERAL.—The Director of the National Institute of Standards and Technology shall es- ment Act. I commend Senators ALLEN field of nanotechnology and its impor- tablish a center within NIST’s Manufacturing and WYDEN for their leadership on this tance to the United States economy. I Engineering Laboratory for issues relating to important legislation, and also thank thank my colleagues for their efforts. I the commercialization of nanoscience and Senators STEVENS, LOTT, and SUNUNU particularly thank Senator WYDEN for nanotechnology research. The program shall— and Chairman BOEHLERT and Ranking his leadership and maturity in guiding (1) conduct basic research on issues related to Member HALL of the House Science this bill to the floor. There were sev- the development and manufacture of Committee, for their work on this nanotechnology including— eral times when this bill was going to (A) metrology; issue. be derailed and each time Senator (B) reliability and quality assurance; Nanotechnology is a truly revolu- WYDEN stepped in to get us back on (C) processes control; and tionary field of science. Scientists have track. (D) manufacturing best practices; and been able to develop materials and sys- (2) in consultation with the National Tech- tems with dramatic new properties by Nanotechnology has been described nical Information Service and the National as the next Industrial Revolution that Nanotechnology Coordination Office, act as a manipulating structures and systems ¥ will drastically alter the way products clearinghouse for information related to com- at the scale of 10 9 meters, or 1/100,000 mercialization of nanoscience and the width of a human hair. This basic are manufactured. Yet we are not alone nanotechnology research, including— research has the potential to benefit as other countries are competing to (A) information relating activities by regional, virtually every sector of our economy, push the boundaries of this technical state, and local commercial nanotechnology ini- including biotechnology, telecommuni- frontier. Countries such as Japan and tiatives; cations, national security, manufac- the European Union are already spend- (B) transition of research, technologies, and ing hundreds of millions of dollars on concepts from Federal nanotechnology research turing, and computers. Some experts and development programs into commercial and have projected that sales of products nanotechnology research. The United military products; based on nanotechnology will reach $1 States cannot afford to fall behind if (C) best practices by government, university trillion by 2015. Many of our inter- we want to maintain our economic and private sector laboratories transitioning national economic competitors have strength. This legislation is one step technology to commercial use; begun to focus on this field. For exam- towards ensuring America’s leadership (D) examples of ways to overcome barriers and and economic competitiveness in challenges to technology deployment; and ple, the European Union budgeted $1.2 (E) use of existing manufacturing infrastruc- billion for nanotechnology research in nanotechnology. ture and workforce. 2003 and 2004. This legislation is an affirmation (b) USE OF MANUFACTURING EXTENSION PART- This bill is designated to highlight that the United States will continue to NERSHIP PROGRAM.—The Director of the Na- the United States’ interest and efforts tional Institute of Standards and Technology play a leading role in the development in this emerging technology. The bill of nanotechnology. It authorizes $784 shall utilize the manufacturing extension part- would authorize a coordinated research nership program to the extent possible to reach million for fiscal year 2005 for five Fed- small and medium sized manufacturing compa- program across the Federal Govern- eral agencies involved in nies. ment through a National nanotechnology research. Although (c) MANUFACTURING TECHNOLOGIES FOR Nanotechnology Program. In addition, other agencies were not included in NANOMATERIALS.—The Director of the National it would authorize funding for this bill, I am hopeful that they will Science Foundation shall establish, on a merit- nanotechnology research at the Na- contribute to the National reviewed, competitive basis, a new Center for tional Science Foundation, the Na- Nanomaterials Manufacturing to encourage the Nanotechnology Program. The legisla- tional Aeronautics and Space Adminis- tion provides interagency coordination development and transfer of technologies for the tration, the National Institute of manufacture of nanomaterials. The Center will to the Federal Government’s encourage, conduct, coordinate, commission, Standards and Technology (NIST), the nanotechnology research and develop- collect, and disseminate research on new manu- Department of Energy, and the Envi- ment efforts. The establishment of a facturing technologies for materials with un- ronmental Protection Agency from fis- National Nanotechnology Coordination precedented combinations of strength, tough- cal year 2005 through fiscal year 2008. I Office will infuse an organized, struc- ness, lightness, flame resistance, and membrane think that this multiyear authoriza- tured, and collaborative approach to separation characteristics, and develop mecha- tion is important, because it signals to this research. The legislation also calls nisms to transfer such manufacturing tech- the Federal agencies, the States, and for the development of a strategic plan nologies to United States industries. private industry our commitment to SEC. 8. DEFINITIONS. that will provide a roadmap for the this important cutting-edge research. In this Act: In addition, it is important to point country’s research and development fu- (1) ADVISORY PANEL.—The term ‘‘Advisory ture. Panel’’ means the President’s National out that the legislation deals with Nanotechnology Panel established or designated more than just basic research. The bill Nanotechnology is a new frontier and under section 3. includes provisions that will ensure we want to ensure that it is developed

VerDate jul 14 2003 06:14 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.134 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15097 responsibly. That is why I pushed for provide a smart, accelerated, and orga- and House Science Chairman BOEHLERT the creation of the American nized approach to nanotechnology re- for their cooperation and I thank the Nanotechnology Preparedness Center. search, development, and education. other cosponsors, Senators ALEXANDER, This Center is charged with ensuring This legislation will marshal America’s WARNER, MIKULSKI, LANDRIEU, LEVIN, that societal, ethical, and environ- nanotechnology efforts that are spread BAYH, CANTWELL, CORZINE, HUTCHISON, mental concerns surrounding out across the State and Federal levels KERRY, LAUTENBERG, BAUCUS, and nanotechnology are properly addressed into one driving force. This bill will de- ROCKEFELLER, for their valuable assist- as research progresses. This is vital as velop much needed strategic inter- ance. I am also pleased to report that we see more and more of agency cooperation and coordination this amendment has the support of nanotechnology in everyday life, we through a National Nanotechnology nanotechnology industry members, need to assure citizens that this new Program. A National Nanotechnology such as the Nano Business Alliance. technology is safe and non-threatening. Advisory Panel will advise the Presi- This amended version is the work of bi- In addition to the American dent on nanotechnology matters and partisan and bi-cameral cooperation Nanotechnology Preparedness Center, the American Nanotechnology Pre- and I look forward to working with my this legislation also establishes a paredness Center will evaluate impor- colleagues to get this to the Presi- Nanotechnology Advisory Panel. The tant workforce and ethical issues to dent’s desk. National Academies of Sciences rec- ensure that societal and citizen con- INCLUSION OF BIOTECHNOLOGY ommended an Advisory Panel in its re- cerns about nanotechnology are ad- Mr. WYDEN. Mr. President, I rise to view of the National Nanotechnology dressed now—at the outset of this clarify the legislative intent of S. 189, Initiative. I am proud to support its science—and will support, not hinder, the 21st Century Nanotechnology Re- creation in this legislation. I think the development of this important search and Development Act. In re- that it is vital that the President re- science. viewing the section of the substitute ceive advice from dedicated experts di- As I have said before, text dealing with the purpose and defi- rectly involved in this field, from the nanotechnology has the potential to nitions of fundamental research in scientists and researchers who are at change America on a scale equal to, if nanotechnology that our bill ref- the forefront of this technology, rather not greater than, the computer revolu- erences, I believe that they are not in- than from advisors who are appointed tion. Nanoparticles and nanodevices tended to limit research and develop- to serve other technical advisory roles. will become the building blocks of our ment to the physical sciences and are One of this country’s main strengths health care, agriculture, manufac- intended to include a wide variety of is our ability to innovate. turing, environmental cleanup, and research, including the biotechnology- Nanotechnology will be the next test even national security. By getting be- nanotechnology interface. Senator as to whether we can continue to move hind nanotechnology now with orga- STEVENS, is that your reading of this forward. There remains a tremendous nized, goal-oriented support, the Fed- legislation? amount of basic research that needs to eral Government will play a pivotal Mr. STEVENS. I agree with the Sen- be undertaken in order to fully under- role in keeping the United States at ator from Oregon. It is our intention to stand the science behind it all. This is the forefront of this discipline. include research into the bio- exactly the role that Federal Govern- It is estimated that nanotechnology technology-nanotechnology interface. ment should play: to promote scientific will become a trillion-dollar industry We did not mention specific areas or knowledge that will benefit our society over the next 10 years. With the Na- research because we did not intend to and our economic competitiveness. tion’s unemployment still high and be overly restrictive. This bill does exactly that and I am real economic recovery still out of Mr. WYDEN. I would just like to proud to support it. reach, nanotechnology holds the prom- take a moment to clarify some of the I thank the House Science Com- ise of new trade and jobs needed to types of nanotechnology applications mittee for their cooperation. I also jump start the economy. As the that are possible through the research thank the other cosponsors, particu- nanotechnology industry grows, the involving biotechnology at the nano- larly Senators LIEBERMAN and CLINTON ranks of skilled workers needed to dis- level, which are encompassed by this as well as Senators ALLEN, MCCAIN, cover and apply its capabilities must legislation These examples include ap- STEVENS, MIKULSKI, LANDRIEU, LEVIN, grow too. In the nanotechnology revo- plications ranging from industrial BAYH, CANTWELL, CORZINE, HUTCHINSON, lution, areas of high unemployment manufacturing to advances in medicine KERRY, LAUTENBERG, BAUCUS, ROCKE- could become magnets for domestic to breakthroughs in defense against FELLER, ALEXANDER, and WARNER for production, engineering and research bioterrorism. their support. In particular, I would for nanotechnology applications. I am For instance, biotechnology is spur- also like to thank the staff who put determined that the United States will ring the development of proteins that this bill together. In addition to my mine the opportunities of will be capable of manufacturing bio- staff, we enjoyed the hard work of nanotechnology and this legislation logical structures on the nano-scale. Ruchi Bhowmik with Senator WYDEN, will ensure that the United States This technology will allow the develop- Liz Connell with Senator STEVENS, Ken takes full advantage of the opportuni- ment of nano-electronics such as La Sala with the Senate Commerce ties nanotechnology presents. micro-transistors and silicon chips. In Committee, Frank Cavaliere with Sen- Our Nation’s current National the area of photonics there is potential ator ALLEN, Mike O’Reilly with Sen- Nanotechnology Initiative is a step in for developing new micro-optical ator SUNUNU, and Michael Yentzen the right direction. This nation has al- switches and optical micro-processing with Senator LOTT. ready committed substantial funds to platforms. Mr. WYDEN. Mr. President, I am nanotechnology research and develop- Researchers recently discovered a pleased to introduce a substitute text ment in the coming years. But funding first of its kind carbon-silicon com- for S. 189, the 21st Century is not enough. There must be careful pound in freshwater diatoms. This dis- Nanotechnology Research and Develop- planning to make sure that money is covery promises to open the door to ment Act. I thank Commerce Com- used for sound science over the long- understanding the molecular process of mittee Chairman MCCAIN, Ranking term. That is the reason for the sub- biosilicification, or the ways plants Member HOLLINGS, and my colleagues stitute amendment to S. 189 I intro- and animals build natural structures. Senators ALLEN, CLINTON and duce today. The strategic planning it This understanding may lead to appli- LIEBERMAN for their tremendous bipar- prescribes will ensure that scientists cations ranging from low cost syn- tisan assistance and cooperation. With get the support they need to realize thesis of advanced biomaterials to new this bill, we pave the way for greater nanotechnology’s greatest potential. treatments for osteoporosis. discoveries and applications in an area With this bill, Congress is chal- These are only a few examples of ad- that will soon become a major eco- lenging the government to accept new vances made through the interface be- nomic driver for this country. responsibilities in promoting and de- tween biotechnology and The 21st Century Nanotechnology veloping nanotechnology. Again, I nanotechnology. I just want to confirm Research and Development Act will thank the House Science Committee this legislation should help facilitate

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.120 S18PT1 S15098 CONGRESSIONAL RECORD — SENATE November 18, 2003 the synergy between the biological standing materials and compounds at communities and by general citizens sciences and material sciences. the molecular or atomic level, sci- that research and development of Mr. STEVENS. These examples are entists can develop techniques to im- nanotechnology could possibly spiral exactly the type of research that we prove the properties of everything from out of control leading to the harmful have intended to cover in this legisla- medicines to metals; machines to impacts on humans. Some people have tion. Beyond industrial applications microchips. expressed concern that nanotechnology there are many health care applica- S. 189 is meant to complement, rath- will lead to a super-race of humans or tions of nano-biotechnology. er than restrain, the work that the a situation where nano-machines at- I am particularly excited about the Bush administration is already doing tack or even dominate human beings. potential for nanotechnology in the on the issue of nanotechnology. This Others argue that there are uncertain- area of systems biology and molecular administration is deeply committed to ties about the impact of imaging. Systems biology analyzes all expending the resources and con- nanotechnologies on important aspects of the elements in a system, rather ducting research on critical areas of of our daily lives, including our soci- than an individual cell, gene or pro- nanotechnology and nanoscale science ety, environment, ethics, educational tein. By applying nanotechnology to and engineering. The administration’s systems, legal structure or workforce. systems biology and using molecular ‘‘National Nanotechnology Initiative’’ While I do not dismiss the possible neg- imaging, it will be possible to achieve is on track to commit almost $900 mil- ative ramifications of the study and re- ultra-rapid diagnostic results by ana- lion in FY 2004 for nanotechnology re- alization of nanotechnology, I believe lyzing on a molecular level the signa- search within appropriate Federal those possible dangers are remote and tures of thousands of genes and pro- agencies. In addition, the administra- avoidable. Almost all scientific re- teins. Moreover, the systems approach tion has already established a National search or new technology can be used in combination with nanotechnology Nanotechnology Coordination Office to for mischievous purposes. Moreover, will speed up and greatly reduce the facilitate and coordinate the muli- there are potential implications by the cost of discovering new drugs. This will agency effort. It is essential that S. 189 use of nanotechnology that should be lead to the advancement of predictive not infringe on the good work already examined as part of research projects medicine generating revolutions in the being done by the administration on and development stages of diagnosis, treatment and prevention of this issue or on the near- or mid-term nanotechnology. However, the empha- disease. plans for further work in this area. sis that S. 189 provides to these issues Given nanotechnology’s tremendous Despite this progress, I have several is more than I would have considered potential in health care, I want to en- concerns about the underlying text of necessary. We cannot and should not courage the National Institutes of the managers’ amendment, and for fear the technological future; we Health (NIH) to be proactive partici- that matter, the original version of S. should pay it proper respect and plan pants in the nanotechnology revolu- 189. I firmly believe that oversight is for it accordingly. tion. Although a specific authorization an important function of the Senate, In closing, it is my understanding of appropriations for NIH is not in- and an important part of that over- that the product of today’s Senate cluded in this bill at the request of our sight is to ensure that Federal funds work on this bill will likely be taken House colleagues, it is expected that are spent appropriately. However the up and passed by the House and sent to NIH will be an active participant in the Managers’ Amendment creates redun- the President for his consideration. I National Nanotechnology Program. dant reporting requirements for var- look forward to the multiple advances Mr. WYDEN. I thank the distin- ious agencies within the Administra- that will occur from the statutory guished Senator from Alaska for clari- tion. By my count, the bill includes an- framework provided under this bill. fication of this matter and I whole- nual, biennial and triennial reporting Our action today will signal to the re- heartedly agree with him regarding the obligations by the National Science search community the importance and potential benefits of nanotechnology in and Technology Council, the National significance we place on this field of the field of health care. Nanotechnology Advisory Panel, and study, and this will spur further invest- Mr. SUNUNU. Mr. President, this the National Academy of Sciences, re- ment by the private sector and hope- legislation is the product of many, spectively. These reports have a num- fully lead to the technological break- many hours of debate and discussion. I ber of overlapping components that through that will ignite further inno- appreciate the commitment of the will result in the checking and re- vation and economic growth. Chairman of the Commerce Com- checking of similar questions and Mr. LIEBERMAN. Mr. President, the mittee, Senator MCCAIN, and the spon- issues. It is important to note that emerging field of nanotechnology con- sors of the bill, Senators WYDEN and Congressional studies and reporting re- stitutes an opportunity for the U.S. to ALLEN, to try to address my concerns quirements impose very significant claim global leadership in a new fron- and accommodate my views on this costs on the reporting agencies, there- tier in science and technology that has bill. I appreciate the indulgence of the by draining funds from the very the potential to transform every aspect Ranking Member, Senator HOLLINGS, projects and research we are trying to of our lives. By manipulating matter at for his understanding and assistance on fund. a molecular scale, nanotechnology will this bill. Through persistence and S. 189 also authorizes the establish- allow us to develop new materials and thoughtful consideration by a handful ment of several interdisciplinary and devices that have unique properties of interested Members in both bodies, specialized research centers on currently beyond the realm of conven- an agreement was reached on a legisla- nanotechnology. The language of the tional technology. Nanotechnology is tive package that has brought us to bill requires that the process for estab- what scientists and technologists often this stage of the process. While I still lishing these centers be on a merit-re- call an enabling technology—a tool have significant reservations, I am viewed and competitive basis. Let me that opens the door to new possibilities willing to allow the bill to proceed for- serve notice to those involved in the constrained only by physics and the ward. establishment of these centers: I will limits of our imaginations. This field Nanotechnology is a burgeoning field work to ensure that any center estab- has the great potential to affect our of inquiry that has captured the inter- lished pursuant to this bill be placed at economy and quality of life since it has est of many of our nation’s brightest the most appropriate setting possible. I such broad prospective applications in scientific minds. While the concepts know this sentiment is shared by the so many different areas including med- behind the study of nanotechnology are Chairman of the Commerce Committee icine, electronics, energy, tele- not necessarily new, recent successes and other Members of the Senate, and communications, computing, and man- have highlighted its enormous poten- I look forward to working with them to ufacturing. It has been estimated that tial. If early experiences are an indica- ensure that the principles of merit-re- the impact of nanotechnology on exist- tion of things to come, nanotechnology view and competitive basis are upheld. ing and new manufacturing will be in has the capability to dramatically Finally, let me mention that there the trillions of dollars. In addition to change our approach to a wide range of are concerns expressed by individuals creating new job opportunities, this ex- complex scientific problems. By under- within the academic and scientific citing new initiative has the potential

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.122 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15099 to provide novel therapeutic treat- mechanisms, afforded a higher profile, the passage of this legislation, which ments and a fundamental under- and subjected to constructive Congres- has so much promise for New Yorkers standing of diseases including cancer. sional oversight and support. and Americans generally. Senator For example, research in building inno- The final legislation closely tracks WYDEN has helped to shepherd this leg- vative tools to study biology at the many of the recommendations of the islation through the Senate with his nanometer scale will unlock mysteries National Research Council, NRC, which customary vision, determination and and shed light on the vast number of completed a thorough review of the skill. biological processes. The new author- NNI in 2002. The NRC report com- In ten or twenty years, we may well izing legislation the Senate is passing mended the leadership and multi-agen- view this legislation as one of the most today, which I am pleased to have cy involvement of the NNI, and its rec- important bills passed by the 108th played a role in, should be an impor- ommendations included the establish- Congress. The bill provides multi-year tant step in this effort. ment of an independent advisory panel. authorization for increased Federal re- Yet, despite the enormous potential As the field of nanotechnology covers a search and development investment in that nanotechnology offers, it is not an wide variety of disciplines including nanotechnology. Experts believe that area in which we have assumed engineering, physics, chemistry and nanotechnology could have an impact uncontested leadership. From an inter- life sciences, guidance is needed from a on our economy and society as signifi- national perspective, the United States panel composed of experts from each of cant as the impact of the steam engine, faces the danger of falling behind its the disciplines. A comprehensive per- electricity, the Internet, and the com- Asian and European counterparts in spective is necessary for helping to set puter chip. Researchers and high-tech supporting the pace of the directions and goals of the national start-ups have already identified many nanotechnological advancement. While program, including advice on the focus potential benefits and applications of our Nation certainly possesses the raw of research that should be conducted in nanotechnology in health, energy and resources and talent to lead the world the academia sector, as well as assist- the environment, information and com- in developing this technology, it is also ance in the transition of technology munications technology, advanced ma- clear that a long-term focus and sus- from academic into the private sector terials, manufacturing, and national tained commitment, as well as new col- that will ensure the competitiveness of security. It is possible that laboration between Government, aca- U.S. industry. Although members of nanotechnology could lead to solar en- demia, and industry, will be needed to the Presidents Council of Advisors on ergy that is competitive with fossil ensure our place at the head of the Science and Technology, PCAST, fuels. Medical researchers are already next wave of innovation. which the President is likely to select working on using nanotechnology to In recognition of the need to support as the advisory body under section 4 in develop tools for the diagnosis and ongoing nanotechnology efforts and to the final bill, are highly accomplished therapy of cancer. spur new ones, I was pleased to join and esteemed, they are not necessarily In addition to funding research in Senator RON WYDEN in cosponsoring steeped in the field of nanotechnology. nanoscale science and engineering, the the original ‘‘21st Century Therefore, our expectation is that legislation also supports exploration of Nanotechnology Research and Develop- PCAST will set up its own the ethical and social dimensions of ment Act’’ last year, which was re- nanotechnology panel composed of ex- nanotechnology. I want to underline introduced this year S. 189. My staff perts from both academia and industry the importance of this component of worked with the Commerce Committee representing the key nanotechnology the legislation. These provisions are in- on the initial drafting of this bill, and disciplines. This independent panel tended to help ensure that we use this I was able to assist in including par- should work in coordination with the information to make intelligent deci- allel legislation in last year’s defense National Science and Technology sions about the benefits and risks of authorization P.L. 107–314, section 246 Council and the new Program Office, this powerful new technology. We have to help assure that Department of De- particularly across stove piped agency a responsibility to ensure that appro- fense research and development in boundaries to better assure a fully in- priate safeguards are placed on the ex- nanotechnology works in concert with tegrated, crosscutting, interdiscipli- ploration of nanoscience and tech- the civilian agencies covered by this nary research effort. Otherwise, the nology and that Congress exercises ef- bill. Much of the original Senate bill is promise of this research will not be re- fective oversight of this process. I will retained in this final legislation. The alized. work hard with my colleagues to en- revised S. 189 legislation we act on To ensure that the United States sure that Congress does its part. today, which we anticipate will also takes the lead in this new and prom- I am proud to say that New York is soon be approved by the House, will ising field of science and technology, playing a leading role in the develop- build on the efforts of the National we must provide for the organization ment of nanotechnology, and is already Nanotechnology Initiative NNI, which and guidance necessary to foster inter- seeing concrete benefits from the Na- was started under President Clinton action between Government, academia, tional Nanotechnology Initiative. and has received continued support and industry, so as to maximize the po- Three of the six university-based cen- under President Bush, to establish a tential benefits of nanotechnology to ters of nanotechnology funded by the comprehensive, intelligently coordi- our economy. This legislation provides National Science Foundation in 2001 nated program for addressing the full a strong foundation and comprehensive are located at New York’s world-class spectrum of challenges confronting a framework that elicits contributions research centers at Cornell University, successful national science and tech- from all three sectors of our society in Columbia University and Rennselaer nology effort, including those related pushing nanotechnology research and Polytechnic Institute. Long Island’s to funding, coordination, infrastruc- development to the next level. I hope Brookhaven National Laboratory is the ture development, technology transi- that we may all work together in a bi- future home of the Center for Func- tion, and social issues. partisan fashion on implementing this tional Nanomaterials, supported by the The time is now ripe to elevate the bill to set the stage for U.S. economic Department of Energy. The State of U.S. nanotechnology effort beyond the growth over the next century. New York and International level of an Executive Branch initiative. Mrs. CLINTON. Mr. President, as an SEMATECH and its member companies Funding for nanotechnology will soon original co-sponsor of S. 189, the 21st are planning to provide approximately reach $1 billion a year, and the NNI Century Nanotechnology Research and $400 million in support to create a currently attempts to coordinate pro- Development Act, I am delighted that next-generation computer chip re- grams across a wide range of Federal the Senate is acting on this important search and development facility at the agencies and departments. This level of legislation. I want to thank my Senate University at Albany-SUNY. All of funding and the major coordination colleagues, particularly Senator HOL- these investments are creating the challenges that arise with so many di- LINGS and Senator WYDEN. Senator foundations for future economic verse participants require having a pro- HOLLINGS’ leadership on the Senate growth and the creation of high-tech, gram that is based in statute, provided Commerce, Science and Transportation high-wage jobs, including in upstate with greater support and coordination Committee was essential in winning New York.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.151 S18PT1 S15100 CONGRESSIONAL RECORD — SENATE November 18, 2003 The 21st Century Nanotechnology programs across the Federal Govern- (C) make use of existing expertise in Research and Development Act shows ment, was referred to the Committee nanotechnology in their regions and nation- what this Nation is capable of when we on Commerce, Science and Transpor- ally; come together and set aside partisan tation. It is not true the Senate proce- (D) make use of ongoing research and de- velopment at the micrometer scale to sup- differences. The National dures provide for a case in which a fu- port their work in nanotechnology; and Nanotechnology Initiative was ture bill amending a particular public (E) to the greatest extent possible, be es- launched by President Clinton in Janu- law might be referred to a different tablished in geographically diverse loca- ary 2000, and has continued to enjoy bi- committee than the one originally as- tions, encourage the participation of Histori- partisan support from President Bush signed the public law, if that future bill cally Black Colleges and Universities that and members of Congress. consisted of amendments to parts of are part B institutions as defined in section I urge my colleagues to continue to the public law that were in the juris- 322(2) of the Higher Education Act of 1965 (20 pay attention to nanotechnology after diction of the different committee; is U.S.C. 1061(2)) and minority institutions (as this legislation is passed. In many re- defined in section 365(3) of that Act (20 U.S.C. that true? 1067k(3))), and include institutions located in spects, this legislation is only the first The PRESIDING OFFICER. That is States participating in the Experimental step. As President Clinton noted when correct. Program to Stimulate Competitive Research unveiling the National Nanotechnology Mr. REID. I thank the Chair. (EPSCoR); Initiative, realizing the full promise of Mr. FRIST. Mr. President, I ask (5) ensuring United States global leader- this technology may take twenty years unanimous consent that the Allen- ship in the development and application of of sustained investment. America’s Wyden amendment at the desk be nanotechnology; lead in this critical technology is by no agreed to, the committee-reported sub- (6) advancing the United States produc- means assured. Moreover, this legisla- stitute amendment, as amended, be tivity and industrial competitiveness agreed to, the bill, as amended, be read through stable, consistent, and coordinated tion will not result in an extra dime investments in long-term scientific and engi- being devoted to nanotechnology re- the third time and passed, the motions neering research in nanotechnology; search, unless the legislation is fol- to reconsider be laid upon the table en (7) accelerating the deployment and appli- lowed by steadfast support for federal bloc, and that any statements relating cation of nanotechnology research and devel- research and development in the budg- to the bill be printed in the RECORD. opment in the private sector, including et and appropriations process. The PRESIDING OFFICER. Without startup companies; I hope that the Administration and objection, it is so ordered. (8) encouraging interdisciplinary research, the Congress look for ways to build on The amendment (No. 2202) was agreed and ensuring that processes for solicitation and evaluation of proposals under the Pro- and strengthen the current initiative. I to. (The amendment is printed in today’s gram encourage interdisciplinary projects believe that there are many such op- and collaborations; portunities. The National Institutes of RECORD under ‘‘Text of Amendments’’.) The committee amendment, as (9) providing effective education and train- Health have targeted a relatively mod- ing for researchers and professionals skilled amended, was agreed to. est amount of funding for the NNI, de- in the interdisciplinary perspectives nec- The bill (S. 189), as amended, was spite the broad range of essary for nanotechnology so that a true read the third time and passed, as fol- nanotechnology applications for health interdisciplinary research culture for lows: and biology. In addition, I hope we can nanoscale science, engineering, and tech- S. 189 nology can emerge; increase the Environmental Protection (10) ensuring that ethical, legal, environ- Agency’s budget for nanotechnology Be it enacted by the Senate and House of Rep- resentatives of the United States of America in mental, and other appropriate societal con- because it has a role to play in a vari- Congress assembled, cerns, including the potential use of ety of settings, including pollution pre- SECTION 1. SHORT TITLE. nanotechnology in enhancing human intel- vention. We should also explore ways This Act may be cited as the ‘‘21st Century ligence and in developing artificial intel- to respond to calls for the development Nanotechnology Research and Development ligence which exceeds human capacity, are of clean sources of energy using Act’’. considered during the development of nanotechnology by— nanotechnology. SEC. 2. NATIONAL NANOTECHNOLOGY PROGRAM. (A) establishing a research program to This legislation is a bold step in the (a) NATIONAL NANOTECHNOLOGY PROGRAM.— identify ethical, legal, environmental, and direction of creating a brighter and The President shall implement a National Nanotechnology Program. Through appro- other appropriate societal concerns related more prosperous future for all Ameri- to nanotechnology, and ensuring that the re- cans. In the years ahead, I look forward priate agencies, councils, and the National Nanotechnology Coordination Office estab- sults of such research are widely dissemi- to continue working with my col- lished in section 3, the Program shall— nated; leagues on both sides of the aisle to en- (1) establish the goals, priorities, and (B) requiring that interdisciplinary sure the full development of this im- metrics for evaluation for Federal nanotechnology research centers established portant initiative. nanotechnology research, development, and under paragraph (4) include activities that Mr. BINGAMAN. Mr. President, I rise other activities; address societal, ethical, and environmental to support the passage of S. 189, the (2) invest in Federal research and develop- concerns; ment programs in nanotechnology and re- (C) insofar as possible, integrating research 21st Century Nanotechnology Research on societal, ethical, and environmental con- and Development Act. I appreciate lated sciences to achieve those goals; and (3) provide for interagency coordination of cerns with nanotechnology research and de- Senator WYDEN’s leadership on this Federal nanotechnology research, develop- velopment, and ensuring that advances in issue and the cooperation of him and ment, and other activities undertaken pursu- nanotechnology bring about improvements the other sponsors of this legislation in ant to the Program. in quality of life for all Americans; and responding to a number of concerns I (b) PROGRAM ACTIVITIES.—The activities of (D) providing, through the National had with the original bill, and in par- the Program shall include— Nanotechnology Coordination Office estab- ticular with the provisions of the bill (1) developing a fundamental under- lished in section 3, for public input and out- standing of matter that enables control and reach to be integrated into the Program by authorizing programs at the U.S. De- the convening of regular and ongoing public partment of Energy. In the last Con- manipulation at the nanoscale; (2) providing grants to individual inves- discussions, through mechanisms such as gress, I introduced legislation on this tigators and interdisciplinary teams of in- citizens’ panels, consensus conferences, and topic, S. 90, which was referred to the vestigators; educational events, as appropriate; and Committee on Energy and Natural Re- (3) establishing a network of advanced (11) encouraging research on sources. That bill provided authoriza- technology user facilities and centers; nanotechnology advances that utilize exist- tions for nanotechnology programs in (4) establishing, on a merit-reviewed and ing processes and technologies. the Department of Energy which are competitive basis, interdisciplinary (c) PROGRAM MANAGEMENT.—The National now incorporated, in a streamlined nanotechnology research centers, which Science and Technology Council shall over- form, in this bill. This is a good bill for shall— see the planning, management, and coordina- (A) interact and collaborate to foster the tion of the Program. The Council, itself or our country’s high technology future, exchange of technical information and best through an appropriate subgroup it des- and I urge that it be passed. practices; ignates or establishes, shall— Mr. REID. Mr. President, I make the (B) involve academic institutions or na- (1) establish goals and priorities for the following parliamentary inquiry: This tional laboratories and other partners, which Program, based on national needs for a set of bill, which deals with nanotechnology may include States and industry; broad applications of nanotechnology;

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\CR\FM\G18NO6.123 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15101 (2) establish program component areas, area, and for all activities pursuant to sub- (3) the need to revise the Program; with specific priorities and technical goals, section (b)(10); (4) the balance among the components of that reflect the goals and priorities estab- (3) an analysis of the progress made toward the Program, including funding levels for the lished for the Program; achieving the goals and priorities estab- program component areas; (3) oversee interagency coordination of the lished for the Program; (5) whether the program component areas, Program, including with the activities of the (4) an analysis of the extent to which the priorities, and technical goals developed by Defense Nanotechnology Research and De- Program has incorporated the recommenda- the Council are helping to maintain United velopment Program established under sec- tions of the Advisory Panel; and States leadership in nanotechnology; tion 246 of the Bob Stump National Defense (5) an assessment of how Federal agencies (6) the management, coordination, imple- Authorization Act for Fiscal Year 2003 (Pub- are implementing the plan described in sub- mentation, and activities of the Program; lic Law 107–314) and the National Institutes section (c)(7), and a description of the and of Health; amount of Small Business Innovative Re- (7) whether societal, ethical, legal, envi- (4) develop, within 12 months after the date search and Small Business Technology ronmental, and workforce concerns are ade- of enactment of this Act, and update every 3 Transfer Research funds supporting the plan. quately addressed by the Program. years thereafter, a strategic plan to guide SEC. 3. PROGRAM COORDINATION. (d) REPORTS.—The Advisory Panel shall re- the activities described under subsection (b), (a) IN GENERAL.—The President shall es- port, not less frequently than once every 2 meet the goals, priorities, and anticipated tablish a National Nanotechnology Coordina- fiscal years, to the President on its assess- outcomes of the participating agencies, and tion Office, with a Director and full-time ments under subsection (c) and its rec- describe— staff, which shall— ommendations for ways to improve the Pro- (A) how the Program will move results out (1) provide technical and administrative gram. The first report under this subsection of the laboratory and into application for the support to the Council and the Advisory shall be submitted within 1 year after the date of enactment of this Act. The Director benefit of society; Panel; of the Office of Science and Technology Pol- (B) the Program’s support for long-term (2) serve as the point of contact on Federal icy shall transmit a copy of each report funding for interdisciplinary research and nanotechnology activities for government under this subsection to the Senate Com- development in nanotechnology; and organizations, academia, industry, profes- mittee on Commerce, Science, and Tech- (C) the allocation of funding for inter- sional societies, State nanotechnology pro- nology, the House of Representatives Com- agency nanotechnology projects; grams, interested citizen groups, and others mittee on Science, and other appropriate (5) propose a coordinated interagency to exchange technical and programmatic in- committees of the Congress. budget for the Program to the Office of Man- formation; (e) TRAVEL EXPENSES OF NON-FEDERAL agement and Budget to ensure the mainte- (3) conduct public outreach, including dis- MEMBERS.—Non-Federal members of the Ad- nance of a balanced nanotechnology research semination of findings and recommendations visory Panel, while attending meetings of portfolio and an appropriate level of research of the Advisory Panel, as appropriate; and the Advisory Panel or while otherwise serv- effort; (4) promote access to and early application ing at the request of the head of the Advi- (6) exchange information with academic, of the technologies, innovations, and exper- sory Panel away from their homes or regular industry, State and local government (in- tise derived from Program activities to agen- places of business, may be allowed travel ex- cluding State and regional nanotechnology cy missions and systems across the Federal penses, including per diem in lieu of subsist- programs), and other appropriate groups con- Government, and to United States industry, ence, as authorized by section 5703 of title 5, ducting research on and using including startup companies. United States Code, for individuals in the nanotechnology; (b) FUNDING.—The National Nanotech government serving without pay. Nothing in (7) develop a plan to utilize Federal pro- nology Coordination Office shall be funded this subsection shall be construed to prohibit grams, such as the Small Business Innova- through interagency funding in accordance members of the Advisory Panel who are offi- tion Research Program and the Small Busi- with section 631 of Public Law 108–7. cers or employees of the United States from ness Technology Transfer Research Program, (c) REPORT.—Within 90 days after the date being allowed travel expenses, including per in support of the activity stated in sub- of enactment of this Act, the Director of the diem in lieu of subsistence, in accordance section (b)(7); Office of Science and Technology Policy with existing law. (8) identify research areas that are not shall report to the Senate Committee on (f) EXEMPTION FROM SUNSET.—Section 14 of being adequately addressed by the agencies’ Commerce, Science, and Transportation, and the Federal Advisory Committee Act shall current research programs and address such the House of Representatives Committee on not apply to the Advisory Panel. research areas; Science on the funding of the National SEC. 5. TRIENNIAL EXTERNAL REVIEW OF THE (9) encourage progress on Program activi- Nanotechnology Coordination Office. The re- NATIONAL NANOTECHNOLOGY PRO- ties through the utilization of existing man- port shall include— GRAM. (a) IN GENERAL.—The Director of the Na- ufacturing facilities and industrial infra- (1) the amount of funding required to ade- tional Nanotechnology Coordination Office structures such as, but not limited to, the quately fund the Office; shall enter into an arrangement with the Na- employment of underutilized manufacturing (2) the adequacy of existing mechanisms to fund this Office; and tional Research Council of the National facilities in areas of high unemployment as Academy of Sciences to conduct a triennial production engineering and research (3) the actions taken by the Director to en- sure stable funding of this Office. evaluation of the Program, including— testbeds; and (1) an evaluation of the technical accom- (10) in carrying out its responsibilities SEC. 4. ADVISORY PANEL. (a) IN GENERAL.—The President shall es- plishments of the Program, including a re- under paragraphs (1) through (9), take into view of whether the Program has achieved consideration the recommendations of the tablish or designate a National Nanotechnology Advisory Panel. the goals under the metrics established by Advisory Panel, suggestions or recommenda- the Council; tions developed pursuant to subsection (b) QUALIFICATIONS.—The Advisory Panel established or designated by the President (2) a review of the Program’s management (b)(10)(D), and the views of academic, State, and coordination across agencies and dis- industry, and other appropriate groups con- under subsection (a) shall consist primarily of members from academic institutions and ciplines; ducting research on and using industry. Members of the Advisory Panel (3) a review of the funding levels at each nanotechnology. shall be qualified to provide advice and infor- agency for the Program’s activities and the (d) ANNUAL REPORT.—The Council shall mation on nanotechnology research, devel- ability of each agency to achieve the Pro- prepare an annual report, to be submitted to opment, demonstrations, education, tech- gram’s stated goals with that funding; the Senate Committee on Commerce, nology transfer, commercial application, or (4) an evaluation of the Program’s success Science, and Transportation and the House societal and ethical concerns. In selecting or in transferring technology to the private sec- of Representatives Committee on Science, designating an Advisory Panel, the President tor; and other appropriate committees, at the may also seek and give consideration to rec- (5) an evaluation of whether the Program time of the President’s budget request to ommendations from the Congress, industry, has been successful in fostering interdiscipli- Congress, that includes— the scientific community (including the Na- nary research and development; (1) the Program budget, for the current fis- tional Academy of Sciences, scientific pro- (6) an evaluation of the extent to which the cal year, for each agency that participates in fessional societies, and academia), the de- Program has adequately considered ethical, the Program, including a breakout of spend- fense community, State and local govern- legal, environmental, and other appropriate ing for the development and acquisition of ments, regional nanotechnology programs, societal concerns; research facilities and instrumentation, for and other appropriate organizations. (7) recommendations for new or revised each program component area, and for all ac- (c) DUTIES.—The Advisory Panel shall ad- Program goals; tivities pursuant to subsection (b)(10); vise the President and the Council on mat- (8) recommendations for new research (2) the proposed Program budget for the ters relating to the Program, including as- areas, partnerships, coordination and man- next fiscal year, for each agency that par- sessing— agement mechanisms, or programs to be es- ticipates in the Program, including a break- (1) trends and developments in tablished to achieve the Program’s stated out of spending for the development and ac- nanotechnology science and engineering; goals; quisition of research facilities and instru- (2) progress made in implementing the Pro- (9) recommendations on policy, program, mentation, for each program component gram; and budget changes with respect to

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.148 S18PT1 S15102 CONGRESSIONAL RECORD — SENATE November 18, 2003 nanotechnology research and development tion to carry out the Administrator’s respon- SEC. 9. ADDITIONAL CENTERS. activities; sibilities under this Act— (a) AMERICAN NANOTECHNOLOGY PREPARED- (10) recommendations for improved metrics (1) $34,100,000 for fiscal year 2005; NESS CENTER.—The Program shall provide to evaluate the success of the Program in ac- (2) $37,500,000 for fiscal year 2006; complishing its stated goals; (3) $40,000,000 for fiscal year 2007; and for the establishment, on a merit-reviewed (11) a review of the performance of the Na- (4) $42,300,000 for fiscal year 2008. and competitive basis, of an American tional Nanotechnology Coordination Office (d) NATIONAL INSTITUTE OF STANDARDS AND Nanotechnology Preparedness Center which and its efforts to promote access to and early TECHNOLOGY.—There are authorized to be ap- shall— application of the technologies, innovations, propriated to the Director of the National (1) conduct, coordinate, collect, and dis- and expertise derived from Program activi- Institute of Standards and Technology to seminate studies on the societal, ethical, en- ties to agency missions and systems across carry out the Director’s responsibilities vironmental, educational, legal, and work- the Federal Government and to United under this Act— force implications of nanotechnology; and States industry; (1) $68,200,000 for fiscal year 2005; (2) identify anticipated issues related to (12) an analysis of the relative position of (2) $75,000,000 for fiscal year 2006; the responsible research, development, and the United States compared to other nations (3) $80,000,000 for fiscal year 2007; and application of nanotechnology, as well as with respect to nanotechnology research and (4) $84,000,000 for fiscal year 2008. provide recommendations for preventing or development, including the identification of (e) ENVIRONMENTAL PROTECTION AGENCY.— addressing such issues. any critical research areas where the United There are authorized to be appropriated to States should be the world leader to best the Administrator of the Environmental (b) CENTER FOR NANOMATERIALS MANUFAC- achieve the goals of the Program; and Protection Agency to carry out the Adminis- TURING.—The Program shall provide for the (13) an analysis of the current impact of trator’s responsibilities under this Act— establishment, on a merit reviewed and com- nanotechnology on the United States econ- (1) $5,500,000 for fiscal year 2005; petitive basis, of a center to— omy and recommendations for increasing its (2) $6,050,000 for fiscal year 2006; (1) encourage, conduct, coordinate, com- future impact. (3) $6,413,000 for fiscal year 2007; and mission, collect, and disseminate research on (b) STUDY ON MOLECULAR SELF-ASSEM- (4) $6,800,000 for fiscal year 2008. new manufacturing technologies for mate- BLY.—As part of the first triennial review SEC. 7. DEPARTMENT OF COMMERCE PROGRAMS. rials, devices, and systems with new com- conducted in accordance with subsection (a), (a) NIST PROGRAMS.—The Director of the binations of characteristics, such as, but not the National Research Council shall conduct National Institute of Standards and Tech- limited to, strength, toughness, density, con- a one-time study to determine the technical nology shall— ductivity, flame resistance, and membrane feasibility of molecular self-assembly for the (1) as part of the Program activities under separation characteristics; and manufacture of materials and devices at the section 2(b)(7), establish a program to con- (2) develop mechanisms to transfer such molecular scale. duct basic research on issues related to the manufacturing technologies to United States (c) STUDY ON THE RESPONSIBLE DEVELOP- development and manufacture of industries. MENT OF NANOTECHNOLOGY.—As part of the nanotechnology, including metrology; reli- (c) REPORTS.—The Council, through the Di- first triennial review conducted in accord- ability and quality assurance; processes con- ance with subsection (a), the National Re- trol; and manufacturing best practices; and rector of the National Nanotechnology Co- search Council shall conduct a one-time (2) utilize the Manufacturing Extension ordination Office, shall submit to the Senate study to assess the need for standards, guide- Partnership program to the extent possible Committee on Commerce, Science, and lines, or strategies for ensuring the respon- to ensure that the research conducted under Transportation and the House of Representa- sible development of nanotechnolgy, includ- paragraph (1) reaches small- and medium- tives Committee on Science— ing, but not limited to— sized manufacturing companies. (1) within 6 months after the date of enact- (1) self-replicating nanoscale machines or (b) CLEARINGHOUSE.—The Secretary of ment of this Act, a report identifying which devices; Commerce or his designee, in consultation agency shall be the lead agency and which (2) the release of such machines in natural with the National Nanotechnology Coordina- other agencies, if any, will be responsible for environments; tion Office and, to the extent possible, uti- establishing the Centers described in this (3) encryption; lizing resources at the National Technical section; and (4) the development of defensive tech- Information Service, shall establish a clear- (2) within 18 months after the date of en- nologies; inghouse of information related to commer- actment of this Act, a report describing how (5) the use of nanotechnology in the en- cialization of nanotechnology research, in- the Centers described in this section have hancement of human intelligence; and cluding information relating to activities by been established. (6) the use of nanotechnology in developing regional, State, and local commercial artificial intelligence. nanotechnology initiatives; transition of re- SEC. 10. DEFINITIONS. (d) EVALUATION TO BE TRANSMITTED TO CON- search, technologies, and concepts from Fed- In this Act: GRESS.—The Director of the National eral nanotechnology research and develop- (1) ADVISORY PANEL.—The term ‘‘Advisory Nanotechnology Coordination Office shall ment programs into commercial and mili- Panel’’ means the President’s National transmit the results of any evaluation for tary products; best practices by government, Nanotechnology Advisory Panel established which it made arrangements under sub- universities and private sector laboratories or designated under section 4. section (a) to the Advisory Panel, the Senate transitioning technology to commercial use; (2) NANOTECHNOLOGY.—The term Committee on Commerce, Science, and examples of ways to overcome barriers and ‘‘nanotechnology’’ means the science and Transportation and the House of Representa- challenges to technology deployment; and technology that will enable one to under- tives Committee on Science upon receipt. use of manufacturing infrastructure and stand, measure, manipulate, and manufac- The first such evaluation shall be trans- workforce. ture at the atomic, molecular, and mitted no later than June 10, 2005, with sub- SEC. 8. DEPARTMENT OF ENERGY PROGRAMS. sequent evaluations transmitted to the Com- supramolecular levels, aimed at creating ma- (a) RESEARCH CONSORTIA.— terials, devices, and systems with fundamen- mittees every 3 years thereafter. (1) DEPARTMENT OF ENERGY PROGRAM.—The tally new molecular organization, prop- SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Secretary of Energy shall establish a pro- erties, and functions. (a) NATIONAL SCIENCE FOUNDATION.—There gram to support, on a merit-reviewed and (3) PROGRAM.—The term ‘‘Program’’ means are authorized to be appropriated to the Di- competitive basis, consortia to conduct the National Nanotechnology Program es- rector of the National Science Foundation to interdisciplinary nanotechnology research tablished under section 2. carry out the Director’s responsibilities and development designed to integrate newly under this Act— developed nanotechnology and microfluidic (4) COUNCIL.—The term ‘‘Council’’ means (1) $385,000,000 for fiscal year 2005; tools with systems biology and molecular the National Science and Technology Coun- (2) $424,000,000 for fiscal year 2006; imaging. cil or an appropriate subgroup designated by (3) $449,000,000 for fiscal year 2007; and (2) AUTHORIZATION OF APPROPRIATIONS.—Of the Council under section 2(c). (4) $476,000,000 for fiscal year 2008. the sums authorized for the Department of (5) ADVANCED TECHNOLOGY USER FACILITY.— (b) DEPARTMENT OF ENERGY.—There are au- Energy under section 6(b), $25,000,000 shall be The term ‘‘advanced technology user facil- thorized to be appropriated to the Secretary used for each fiscal year 2005 through 2008 to ity’’ means a nanotechnology research and of Energy to carry out the Secretary’s re- carry out this section. Of these amounts, not development facility supported, in whole or sponsibilities under this Act— less than $10,000,000 shall be provided to at in part, by Federal funds that is open to all (1) $317,000,000 for fiscal year 2005; least 1 consortium for each fiscal year. United States researchers on a competitive, (2) $347,000,000 for fiscal year 2006; (b) RESEARCH CENTERS AND MAJOR INSTRU- merit-reviewed basis. (3) $380,000,000 for fiscal year 2007; and MENTATION.—The Secretary of Energy shall (6) PROGRAM COMPONENT AREA.—The term (4) $415,000,000 for fiscal year 2008. carry out projects to develop, plan, con- ‘‘program component area’’ means a major (c) NATIONAL AERONAUTICS AND SPACE AD- struct, acquire, operate, or support special subject area established under section 2(c)(2) MINISTRATION.—There are authorized to be equipment, instrumentation, or facilities for under which is grouped related individual appropriated to the Administrator of the Na- investigators conducting research and devel- projects and activities carried out under the tional Aeronautics and Space Administra- opment in nanotechnology. Program.

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\CR\FM\A18NO6.148 S18PT1 November 18, 2003 CONGRESSIONAL RECORD — SENATE S15103 AMENDING THE HOUSING AND RICHARD D. WATKINS POST The leaders on both sides of the aisle COMMUNITY DEVELOPMENT ACT OFFICE BUILDING have been in touch over the course of OF 1974 The bill (H.R. 3175) to designate the the day, and both are determined to Mr. FRIST. Mr. President, I ask facility of the United States Postal proceed in an orderly way, a collabo- unanimous consent that the Banking Service located at 2650 Cleveland Ave- rative way to address the issues that Committee be discharged from further nue, NW in Canton, Ohio, as the ‘‘Rich- will be coming before us over the next consideration of H.R. 23, and the Sen- ard D. Watkins Post Office Building,’’ several days. ate proceed to its immediate consider- was considered, ordered to a third read- f ation. ing, read the third time, and passed. PROGRAM The PRESIDING OFFICER. Without f Mr. FRIST. Mr. President, for the in- objection, it is so ordered. The clerk ORDERS FOR WEDNESDAY, formation of all Senators, tomorrow, will state the bill by title. NOVEMBER 19, 2003 following morning business, the Senate The legislative clerk read as follows: Mr. FRIST. Mr. President, I ask may begin consideration of the Energy A bill (H.R. 23) to amend the Housing and Policy Act conference report. The offi- Community Development Act of 1974 to au- unanimous consent that when the Sen- ate completes its business today, it ad- cial conference papers have now ar- thorize communities to use community de- rived and copies will be available to all velopment block grant funds for construc- journ until 9:30 a.m., Wednesday, No- Members. If we are unable to reach tion of tornado-safe shelters in manufac- vember 19. I further ask unanimous tured parks. consent that following the prayer and consent for a time limit on the Energy conference report, it may be necessary There being no objection, the Senate pledge, the morning hour be deemed to file cloture during tomorrow’s ses- proceeded to consider the bill. expired, the Journal of proceedings be sion. Mr. FRIST. Mr. President, I ask approved to date, the time for the two The Senate may also take up other unanimous consent that the bill be leaders be reserved for their use later conference reports as they become read the third time and passed, the mo- in the day, and the Senate then begin a available and nominations on the Exec- tion to reconsider laid upon table, and period for morning business for up to 60 utive Calendar during tomorrow’s ses- that any statements relating to the minutes, with the first 30 minutes sion. Therefore, rollcall votes should be bill be printed in the RECORD. under the control of the minority lead- expected tomorrow. The PRESIDING OFFICER. Without er or his designee, and the second 30 f objection, it is so ordered. minutes under the control of Senator The bill (H.R. 23) was read the third HUTCHISON or her designee. ADJOURNMENT UNTIL 9:30 A.M. time and passed. The PRESIDING OFFICER. The Sen- TOMORROW ator from Nevada. f Mr. FRIST. Mr. President, if there is Mr. REID. If I may say through the no further business to come before the MEASURES DISCHARGED—H.R. 2744, Chair to the distinguished majority Senate, I ask unanimous consent that H.R. 3379, AND H.R. 3175 leader, on our side we are ready to fin- the Senate stand in adjournment under Mr. FRIST. Mr. President, I ask ish the session. We understand we will the previous order. unanimous consent that the Govern- have to work Saturday, Sunday, and There being no objection, the Senate, mental Affairs Committee be dis- hopefully we will finish then; other- at 8:20 p.m., adjourned until Wednes- charged from further consideration of wise, we will go Monday and Tuesday. day, November 19, 2003, at 9:30 a.m. the following post office-naming bills, Everyone has been told that is what we f are going to do. Even though there is a and the Senate proceed to their imme- CONFIRMATIONS diate consideration, en bloc: H.R. 2744, little grumbling, everyone has accept- H.R. 3379, H.R. 3175. ed the fact that is what we are going to Executive nominations confirmed by The PRESIDING OFFICER. Without have to do. the Senate November 18, 2003: objection, it is so ordered. I hope everyone understands the deci- IN THE ARMY Mr. FRIST. Mr. President, I ask sion made by the leadership—we need THE FOLLOWING NAMED OFFICER FOR APPOINTMENT to make sure everyone has a chance to IN THE UNITED STATES ARMY TO THE GRADE INDICATED unanimous consent that the bills be WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND read the third time and passed, the mo- be heard—but we have to have coopera- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: tions to reconsider be laid on the table tion to get this very difficult session To be lieutenant general completed. We have some very impor- en bloc, and that any statements relat- MAJ. GEN. ROBERT T. CLARK tant issues—the Energy bill, Medi- ing to the bills be printed in the IN THE AIR FORCE care—and I hope everyone understands RECORD. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Without the time is limited. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- As I say, we have signed on to the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE objection, it is so ordered. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION program, and we are willing to work 601: f until we finish the business. To be lieutenant general The PRESIDING OFFICER. Without DAVID BYBEE POST OFFICE MAJ. GEN. VICTOR E. RENUART, JR. objection, it is so ordered. BUILDING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. FRIST. Mr. President, I very IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- The bill (H.R. 2744) to designate the much appreciate the statement made CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE facility of the United States Postal AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION by the assistant Democratic leader. 601: Service located at 514 17th Street in What he is referring to will be ambi- To be lieutenant general Moline, Illinois, as the ‘‘David Bybee tious in the sense we are asking both LT. GEN. RICHARD V. REYNOLDS Post Office Building,’’ was considered, sides of the aisle to work together to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ordered to a third reading, read the address a number of pieces of legisla- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- third time, and passed. tion that are very important to this CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION f body and very important to the Amer- 601: ican people. To be lieutenant general FRANCIS X. McCLOSKEY POST We have agreed we will be here over MAJ. GEN. CHARLES L. JOHNSON II OFFICE BUILDING the course of this week and, if nec- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The bill (H.R. 3379) to designate the essary, into the weekend so that we IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- facility of the United States Postal can complete the bills before us. One of CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10 U.S.C., SECTION Service located at 3210 East 10th Street the reasons we are here at this hour of 601: in Bloomington, Indiana, as the the evening is that I was hopeful we To be lieutenant general ‘‘Francis X. McCloskey Post Office could proceed with the Energy bill. For MAJ. GEN. GARRY R. TREXLER Building,’’ was considered, ordered to a a number of reasons, we will wait and IN THE ARMY third reading, read the third time, and start that early in the morning after THE FOLLOWING NAMED OFFICER FOR APPOINTMENT passed. morning business. IN THE UNITED STATES ARMY TO THE GRADE INDICATED

VerDate jul 14 2003 05:08 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00131 Fmt 0624 Sfmt 9801 E:\CR\FM\G18NO6.125 S18PT1 S15104 CONGRESSIONAL RECORD — SENATE November 18, 2003 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be brigadier general AIR FORCE NOMINATION OF LESA M. WAGNER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATION OF FRANCIS D. POMBAR. COL. JAMES L. WILLIAMS AIR FORCE NOMINATION OF ALAN T. PARMATER. To be lieutenant general IN THE NAVY ARMY NOMINATION OF MICHAEL P. VINLOVE. MAJ. GEN. FRANKLIN L. HAGENBECK ARMY NOMINATIONS BEGINNING DONALD A. BLACK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AND ENDING DEBRA S. LONG, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: GRESSIONAL RECORD ON OCTOBER 14, 2003. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING DOUGLAS B ASHBY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral AND ENDING TERRY C WASHAM, WHICH NOMINATIONS REAR ADM. (LH) MICHAEL K. LOOSE WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be lieutenant general REAR ADM. (LH) ROBERT L. PHILLIPS CONGRESSIONAL RECORD ON OCTOBER 16, 2003. ARMY NOMINATIONS BEGINNING CURTIS J ALITZ AND MAJ. GEN. JOSEPH L. YAKOVAC, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ENDING MARSHALL F WILLIS, WHICH NOMINATIONS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVAL RESERVE TO THE GRADE WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE UNITED STATES ARMY TO THE GRADE INDICATED INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CONGRESSIONAL RECORD ON OCTOBER 16, 2003. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be rear admiral ARMY NOMINATIONS BEGINNING DEBRA E BURR AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ENDING JANICE B YOUNG, WHICH NOMINATIONS WERE REAR ADM. (LH) ROBERT RYLAND PERCY III RECEIVED BY THE SENATE AND APPEARED IN THE CON- To be lieutenant general GRESSIONAL RECORD ON OCTOBER 16, 2003. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING LIONEL BAKER AND MAJ. GEN. DAVID W. BARNO IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ENDING WARREN S WONG, WHICH NOMINATIONS WERE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE MARINE CORPS RECEIVED BY THE SENATE AND APPEARED IN THE CON- To be rear admiral (lower half) GRESSIONAL RECORD ON OCTOBER 16, 2003. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FOREIGN SERVICE NOMINATIONS BEGINNING ELENA L. IN THE UNITED STATES MARINE CORPS TO THE GRADE CAPT. HENRY B. TOMLIN III BRINEMAN AND ENDING STEPHEN J. HADLEY, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general IN THE UNITED STATES NAVY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 3, UNDER TITLE 10, U.S.C., SECTION 624: 2003. BRIG. GEN. TONY L. CORWIN FOREIGN SERVICE NOMINATIONS BEGINNING KENNETH BRIG. GEN. JON A. GALLINETTI To be rear admiral (lower half) C. BRILL AND ENDING STEVEN C. TAYLOR, WHICH NOMI- NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIG. GEN. THOMAS L. MOORE, JR. CAPT. GARY A. ENGLE PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER 3, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2003. IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE UNITED STATES NAVY TO THE GRADE INDICATED NAVY NOMINATIONS BEGINNING JOHN A ADCOCK, JR. INDICATED UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: AND ENDING JOSEPH ZULIANI, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE To be brigadier general To be rear admiral (lower half) CONGRESSIONAL RECORD ON OCTOBER 16, 2003. COL. JOHN R. ALLEN CAPT. MARK A. HUGEL NAVY NOMINATIONS BEGINNING MICHAEL C BECKETTE COL. THOMAS L. CONANT AND ENDING ROBERT S THOMPSON, WHICH NOMINATIONS COL. JOSEPH V. MEDINA AIR FORCE NOMINATIONS BEGINNING MARTIN ALEXIS WERE RECEIVED BY THE SENATE AND APPEARED IN THE COL. ROBERT E. SCHMIDLE, JR. AND ENDING JEROME E. WIZDA, WHICH NOMINATIONS CONGRESSIONAL RECORD ON OCTOBER 16, 2003. COL. THOMAS D. WALDHAUSER WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATIONS BEGINNING JAMES C TAYLOR AND CONGRESSIONAL RECORD ON FEBRUARY 25, 2003. ENDING JEFFERY S YOUNG, WHICH NOMINATIONS WERE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF MICHAEL A. MANSUETO. RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE UNITED STATES MARINE CORPS RESERVE TO THE AIR FORCE NOMINATION OF RONALD C. DANIELSON. GRESSIONAL RECORD ON OCTOBER 16, 2003. GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: AIR FORCE NOMINATION OF JEFFERSON L. SEVERS. NAVY NOMINATION OF JEFFREY D. DICKSON.

VerDate jul 14 2003 05:43 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00132 Fmt 0624 Sfmt 9801 E:\CR\FM\A18NO6.067 S18PT1 Tuesday, November 18, 2003 Daily Digest

HIGHLIGHTS: Senate passed H.R. 2861, VA–HUD Appropriations Act, H.R. 2765, Dis- trict of Columbia Appropriations Act, and agreed to the Conference Report on H.R. 2754, Energy and Water Development Appropriations Act. The House agreed to the conference report on H.R. 6, Energy Policy Act of 2003. The House agreed to the conference report on H.R. 2754, Energy and Water Development Appropriations Act for FY 2004. Senate Bond (for Inhofe) Amendment No. 2200 (to Chamber Action Amendment No. 2150), to include provisions relat- Routine Proceedings, pages S14973–S15104 ing to designations of areas for PM2.5 national am- Measures Introduced: Thirteen bills and four reso- bient air quality standards. Page S14994 lutions were introduced, as follows: S. 1876–1888, S. Dayton/Coleman Modified Amendment No. 2193 Res. 267–268, and S. Con. Res. 82–83. Page S15061 (to Amendment No. 2150), to fully fund the Paul and Sheila Wellstone Center for Community Build- Measures Reported: ing. Pages S14994–95 S. 616, to amend the Solid Waste Disposal Act Bond/Mikulski Amendment No. 2150, in the na- to reduce the quantity of mercury in the environ- ture of a substitute. Pages S14993, S15001 ment by limiting the use of mercury fever thermom- Senate insisted on its amendment, requested a eters and improving the collection and proper man- conference with the House thereon, and the Chair agement of mercury. (S. Rept. No. 108–199) was authorized to appoint the following conferees on S. 1561, to preserve existing judgeships on the the part of the Senate: Senators Bond, Burns, Shelby, Superior Court of the District of Columbia. (S. Rept. Craig, Domenici, DeWine, Hutchison, Stevens, Mi- No. 108–200) Page S15060 kulski, Leahy, Harkin, Byrd, Johnson, Reid, and Measures Passed: Inouye. Page S15021 VA–HUD Appropriations Act: Senate passed District of Columbia Appropriations Act: Senate H.R. 2861, making appropriations for the Depart- passed H.R. 2765, making appropriations for the ments of Veterans Affairs and Housing and Urban government of the District of Columbia and other Development, and for sundry independent agencies, activities chargeable in whole or in part against the boards, commissions, corporations, and offices for the revenues of said District for the fiscal year ending fiscal year ending September 30, 2004, after taking September 30, 2004, after taking action on the fol- action on the following amendments proposed there- lowing amendments proposed thereto: Pages S15021–29 to: Pages S14993–S15021 Adopted: Adopted: Bond (for DeWine) Amendment No. 2201 (to Bond (for Jeffords) Amendment No. 2199 (to Amendment No. 1783), to make certain monetary Amendment No. 2150), to include an evaluation of modifications. Page S15022 the impact of a final rule promulgated by the Ad- DeWine/Landrieu Amendment No. 1783, in the ministrator of the Environmental Protection Agency nature of a substitute. Page S15022 in a study conducted by the National Academy of Senate insisted on its amendment, requested a Sciences. Pages S14993–94 conference with the House thereon, and the Chair D1288

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 November 18, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1289 was authorized to appoint the following conferees on 141 Weston Street in Hartford, Connecticut, as the the part of the Senate: Senators DeWine, Hutchison, ‘‘Barbara B. Kennelly Post Office Building’’. Brownback, Stevens, Landrieu, Durbin, and Inouye. Page S15090 Page S15029 J.C. Lewis Post Office Building: Senate indefi- Regarding Death of Italian Citizens in Iraq: nitely postponed S. 1671, to designate the facility of Senate agreed to S. Res. 268, to express the sense of the United States Postal Service located at 10701 the Senate regarding the deaths of 19 citizens of Abercorn Street in Savannah, Georgia, as the ‘‘J.C. Italy in Iraq. Page S15090 Lewis Post Office Building’’. Page S15090 21st Century Nonotechnology Research and De- Brian C. Hickey Post Office Building: Senate in- velopment Act: Senate passed S. 189, to authorize definitely postponed S. 1746, to designate the facil- appropriations for nanoscience, nanoengineering, and ity of the United States Postal Service located at 339 nanotechnology research, after agreeing to the com- Hicksville Road in Bethpage, New York, as the mittee amendment in the nature of a substitute, and ‘‘Brian C. Hickey Post Office Building’’. Page S15090 the following amendment proposed thereto: Energy and Water Development Appropriations Pages S15090–S15102 Conference Report: Senate agreed to the conference Frist (for Allen/Wyden) Amendment No. 2202, in report on H.R. 2754, making appropriations for en- the nature of a substitute. Page S15100 ergy and water development for the fiscal year end- Tornado Shelters Act: Committee on Banking, ing September 30, 2004, clearing the measure for Housing, and Urban Affairs was discharged from the President. Pages S15088–90 further consideration of H.R. 23, to amend the Nomination Considered: Senate resumed consider- Housing and Community Development Act of 1974 ation of the nomination of Thomas C. Dorr, of Iowa, to authorize communities to use community devel- to be Under Secretary of Agriculture for Rural De- opment block grant funds for construction of tor- velopment. Pages S14974–92 nado-safe shelters in manufactured home parks, and By 57 yeas to 39 nays (Vote No. 454), three-fifths the bill was then passed, clearing the measure for the of those Senators duly chosen and sworn, not having President. Page S15103 voted in the affirmative, Senate rejected the motion David Bybee Post Office Building: Committee to close further debate on the nomination. on Governmental Affairs was discharged from further Page S14992 consideration of H.R. 2744, to designate the facility Nomination Considered: Senate resumed consider- of the United States Postal Service located at 514 ation of the nomination of Thomas C. Dorr, of Iowa, 17th Street in Moline, Illinois, as the ‘‘David Bybee to be a Member of the Board of Directors of the Post Office Building’’, and the bill was then passed, Commodity Credit Corporation. Pages S14992–93 clearing the measure for the President. Page S15103 By 57 yeas to 39 nays (Vote No. 455), three-fifths Francis X. McCloskey Post Office Building: of those Senators duly chosen and sworn, not having Committee on Government Affairs was discharged voted in the affirmative, Senate rejected the motion from further consideration of H.R. 3379, to des- to close further debate on the nomination. ignate the facility of the United States Postal Service Page S14993 located at 3210 East 10th Street in Bloomington, Messages From the President: Senate received the Indiana, as the ‘‘Francis X. McCloskey Post Office following message from the President of the United Building’’, and the bill was then passed, clearing the States: measure for the President. Page S15103 Transmitting, pursuant to law, the 2003 National Richard D. Watkins Post Office Building: Com- Money Laundering Strategy; to the Committee on mittee on Governmental Affairs was discharged from the Judiciary. (PM–57) Page S15057 further consideration of H.R. 3175, to designate the Nominations Confirmed: Senate confirmed the fol- facility of the United States Postal Service located at lowing nominations: 2650 Cleveland Avenue, NW in Canton, Ohio, as 4 Air Force nominations in the rank of general. the ‘‘Richard D. Watkins Post Office Building’’, and 4 Army nominations in the rank of general. the bill was then passed, clearing the measure for the 9 Marine Corps nominations in the rank of gen- President. Page S15103 eral. Measures Indefinitely Postponed: 6 Navy nominations in the rank of admiral. Barbara B. Kennelly Post Office Building: Sen- Routine lists in the Air Force, Army, Foreign ate indefinitely postponed S. 1415, to designate the Service, Navy. Pages S15103–04 facility of the United States Postal Service located at Messages From the House: Pages S15057–58

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 D1290 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2003

Measures Referred: Page S15058 investigations and regulatory actions regarding the Measures Placed on Calendar: Page S15058 mutual fund industry, focusing on investors’ rights, the Risk Management Initiative, the Putnam settle- Petitions and Memorials: Pages S15058–60 ment, disclosure proposals, and late trading and mar- Executive Reports of Committees: Page S15061 ket timing, after receiving testimony from William Additional Cosponsors: Pages S15061–62 H. Donaldson, Chairman, Securities and Exchange Statements on Introduced Bills/Resolutions: Commission; and Matthew P. Fink, Investment Company Institute, and Marc E. Lackritz, Securities Pages S15062–84 Industry Association, both of Washington, DC. Additional Statements: Pages S15055–57 Amendments Submitted: Pages S15084–87 NOMINATIONS Authority for Committees to Meet: Committee on Commerce, Science, and Transportation: Pages S15087–88 Committee ordered favorably reported the nomina- Record Votes: Two record votes were taken today. tions of Michael D. Gallagher, of Washington, to be (Total—455) Pages S14992, S14993 Assistant Secretary of Commerce for Communica- tions and Information, Cheryl Feldman Halpern, of Adjournment: Senate met at 9:30 a.m. and ad- New Jersey, to be a Member of the Board of Direc- journed at 8:20 p.m. until 9:30 a.m. on Wednesday, tors of the Corporation for Public Broadcasting, Eliz- November 19, 2003. (For Senate’s Program, see the abeth Courtney, of Louisiana, to be a Member of the remarks of the Majority Leader in today’s Record on Board of Directors of the Corporation for Public page S15103). Broadcasting, Kirk Van Tine, of Virginia, to be Deputy Secretary of Transportation, Jeffrey A. Rosen, Committee Meetings of Virginia, to be General Counsel of the Depart- ment of Transportation, Robert L. Crandall, of (Committees not listed did not meet) Texas, Floyd Hall, of New Jersey, and Louis S. SPACE ACQUISITION POLICIES Thompson, of Maryland, each to be a Member of the Committee on Armed Services: Subcommittee on Stra- Reform Board (Amtrak), and certain nominations for tegic Forces concluded a hearing to examine space promotion in the United States Coast Guard. acquisition policies and processes, focusing on the Commission to Assess National Security Space Man- PUBLIC LANDS agement and Organization, the space industrial base, Committee on Energy and Natural Resources: Sub- and improvements needed to optimize the growing committee on Public Lands and Forests concluded a investment in space exploration, after receiving testi- hearing to examine S. 1209, to provide for the ac- mony from Peter B. Teets, Under Secretary of the quisition of property in Washington County, Utah, Air Force, and Director, National Reconnaissance for implementation of a desert tortoise habitat con- Office; Lieutenant General Brian Arnold, USAF, servation plan, H.R. 708, to require the conveyance Commander, Space and Missile Systems Center, Air of certain National Forest System lands in Force Space Command; A. Thomas Young, Chair- Mendocino National Forest, California, to provide for man, Defense Science Board/Air Force Scientific Ad- the use of the proceeds from such conveyance for visory Board Joint Task Force on Acquisition of Na- National Forest purposes, S. 1467, to establish the tional Security Space Programs; and Robert E. Levin, Rio Grande Outstanding Natural Area in the State Director, Acquisition and Sourcing Management, of Colorado, S. 1167, to resolve the boundary con- General Accounting Office. flicts in Barry and Stone Counties in the State of NOMINATION Missouri, and S. 1848, to amend the Bend Pine Committee on Armed Services: Committee concluded a Nursery Land Conveyance Act to direct the Secretary hearing to examine the nomination of Michael W. of Agriculture to sell the Bend Pine Nursery Ad- Wynne, of Florida, to be Under Secretary of Defense ministration Site in the State of Oregon, after receiv- for Acquisition, Technology, and Logistics, after the ing testimony from Senator Bond; Tom Thompson, nominee testified and answered questions in his own Deputy Chief, National Forest Systems, Department behalf. of Agriculture; Jim Hughes, Deputy Director, Bu- reau of Land Management, Department of the Inte- MUTUAL FUND INDUSTRY rior; Charlotte Bobicki, County Commission, Committee on Banking, Housing, and Urban Affairs: Alamosa, Colorado; and Kate Booth Doyle, San Luis Committee concluded a hearing to examine current Valley Ecosystem Council, Del Norte, Colorado.

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 November 18, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1291 NOMINATION Weisner and Mark Watson, both of Washington, Committee on Finance: Committee concluded a hearing D.C., Jeffrey Eischeid, Atlanta, Georgia, Lawrence to examine the nomination of Arnold I. Havens, of DeLap, San Francisco, California, Larry Manth, Los Virginia, to be General Counsel for the Department Angeles, California, and Richard H. Smith, Jr., New of the Treasury, after the nominee testified and an- York, New York, all of KPMG LLP; Richard Berry, swered questions in his own behalf. Jr., PricewaterhouseCoopers, New York, New York; and Mark A. Weinberger, Ernst and Young LLP, NOMINATION Washington, D.C. Committee on Governmental Affairs: Committee con- AMERICA POST 9/11 cluded a hearing to examine the nomination of James M. Loy, of Virginia, to be Deputy Secretary Committee on the Judiciary: Committee concluded a of Homeland Security, after the nominee, who was hearing to examine America after the 9/11 terrorist introduced by Senators Stevens and Inouye, testified attacks, focusing on whether the government re- and answered questions in his own behalf. sponse to the attacks has adversely affected indi- vidual liberties, including the right to privacy, after U.S. TAX SHELTER INDUSTRY receiving testimony from former Representative Barr; Committee on Governmental Affairs: Committee con- Nadine Strossen, American Civil Liberties Union, cluded a hearing to examine the role of professional Muzaffar A. Chishti, Migration Policy Institute at organizations like accounting firms, law firms, and New York University School of Law, and Robert J. financial institutions in developing, marketing and Cleary, Proskauer Rose LLP, all of New York, New implementing tax shelters, after receiving testimony York; and Viet D. Dinh, Georgetown University from Debra S. Petersen, California Franchise Tax Law Center, James J. Zogby, Arab American Insti- Board, Rancho Cordova; Calvin H. Johnson, Univer- tute, and James X. Dempsey, Center for Democracy sity of Texas at Austin School of Law; Philip and Technology, all of Washington, D.C.

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 D1292 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2003 House of Representatives Agreed to the Obey motion to instruct conferees Chamber Action on the bill by a yea-and-nay vote of 237 yeas to 176 Measures Introduced: 13 public bills, H.R. nays, Roll No. 624. Pages H11376–77 3506–3518; and 8 resolutions, H. Con. Res. Appointed as conferees: Representatives Young 325–328, and H. Res. 445–448, were introduced. (FL), Regula, Lewis (CA), Wolf, Walsh, Hobson, Page H11391 Bonilla, Kingston, Frelinghuysen, Nethercutt, Latham, Goode, LaHood, Obey, Murtha, Mollohan, Additional Cosponsors: Pages H11392–93 Kaptur, Serrano, DeLauro, Hinchey, Farr, Boyd, and Reports Filed: Reports were filed as follows today: Fattah. Page H11379 H.R. 2584, to provide for the conveyance to the Energy Policy Act of 2003—Conference Report: Utrok Atoll local government of a decommissioned The House agreed to the conference report on H.R. National Oceanic and Atmospheric Administration 6, to enhance energy conservation and research and ship (H. Rept. 108–378); development, to provide for security and diversity in H.R. 2907, to provide for a land exchange in the the energy supply for the American people, by a yea- State of Arizona between the Secretary of Agriculture and-nay vote of 246 yeas to 180 nays, Roll No. 630. and Yavapai Ranch Limited Partnership, amended, (See next issue.) (Rept. 108–379). (See next issue.) H. Res. 443, the rule providing for consideration Speaker: Read a letter from the Speaker wherein he of the conference report, was agreed to by a yea-and- appointed Representative Chocola to act as Speaker nay vote of 248 yeas to 167 nays, Roll No. 629, after agreeing to order the previous question by a Pro Tempore for today. Page H11361 yea-and-nay vote of 225 yeas to 193 nays, Roll No. Approval of the Journal: The House agreed to the 628. Pages H11379–88 Speaker’s approval of the Journal by a recorded vote Intelligence Authorization—Motion to go to of 361 ayes to 48 noes, Roll No. 626. Page H11378 Conference: The House disagreed to the Senate Railroad Right-of-Way Conveyance Validation amendment to H.R. 2417, to authorize appropria- Act of 2003: The House agreed to call from the pri- tions for fiscal year 2004 for intelligence and intel- vate calendar and pass H.R. 1658, Private Bill; to ligence-related activities of the United States Gov- amend the Railroad Right-of-Way Conveyance Vali- ernment, the Community Management Account, and dation Act to validate additional conveyances of cer- the Central Intelligence Agency Retirement and Dis- tain lands in the State of California that form part ability System, and agreed to a conference. of the right-of-way granted by the United States to (See next issue.) facilitate the construction of the transcontinental Agreed to the Harman motion to instruct con- railway. Pages H11369–70 ferees on the bill by a yea-and-nay vote of 404 yeas to 12 nays, Roll No. 633. (See next issue.) Energy and Water Development Appropria- Appointed as conferees: From the Permanent Se- tions—Conference Report: The House agreed to lect Committee on Intelligence, for consideration of the conference report on H.R. 2754, making appro- the House bill and the Senate amendment, and priations for energy and water development for the modifications committed to conference: Representa- fiscal year ending September 30, 2004, by a yea-and- tives Goss, Bereuter, Boehlert, Gibbons, LaHood, nay vote of 387 yeas to 36 nays, Roll No. 631. Cunningham, Hoekstra, Burr, Everett, Gallegly, Col- (See next issue.) lins, Harman, Hastings (FL), Reyes, Boswell, Peter- H. Res. 444, the rule providing for consideration son (MN), Cramer, Eshoo, Holt, and Ruppersberger; of the conference report, was agreed to by a yea-and- From the Committee on Armed Services, for con- nay vote of 409 yeas to 2 nays, Roll No. 625. sideration of defense tactical intelligence and related Pages H11370–72, H11377 activities, Representatives Hunter, Weldon (PA), and Agriculture Appropriations—Motion to go to Skelton. (See next issue.) Conference: The House disagreed to the Senate Suspensions: The House agreed to suspend the rules amendments to H.R. 2673, making appropriations and pass the following measures: for Agriculture, Rural Development, Food and Drug Walter F. Ehrnfelt, Jr. Post Office Building Administration, and related agencies for the fiscal Designation Act: Debated on Monday, November year ending September 30, 2004, and agreed to a 17, H.R. 3300, to designate the facility of the conference. Pages H11372–77 United States Postal Service located at 15500 Pearl

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 November 18, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1293 Road in Strongsville, Ohio, as the Walter F. Increasing the waiver requirements for certain Ehrnfelt, Jr. Post Office Building by a 2/3 yea-and- grants provided to territories of the United States: nay vote of 410 yeas with none voting ‘‘nay,’’ Roll H.R. 1189, to increase the waiver requirement for No. 627; Pages H11378–79 certain local matching requirements for grants pro- Directing the Administrator of General Services vided to American Samoa, Guam, the Virgin Islands, to convey to Fresno County, California, the exist- or the Commonwealth of the Northern Mariana Is- ing Federal courthouse in that county: Debated on lands; (See next issue.) Monday, November 17, H.R. 1274, amended, to di- Urging the President to present the Presidential rect the Administrator of General Services to convey Medal of Freedom to His Holiness, Pope John Paul to Fresno County, California, the existing Federal II: H. Con. Res. 313, to urge the President, on be- courthouse in that county by a 2/3 yea-and-nay vote half of the United States, to present the Presidential of 421 yeas with none voting ‘‘nay,’’ Roll No. 632. Medal of Freedom to His Holiness, Pope John Paul (See next issue.) II, in recognition of his significant, enduring, and Sense of the House that John Wooden should be historic contributions to the causes of freedom, honored: H. Res. 411, amended, expressing the sense human dignity, and peace and to commemorate the of the House that John Wooden should be honored Silver Jubilee of His Holiness’s inauguration of his for his contributions to sports and education; ministry as Bishop of Rome and Supreme Pastor of (See next issue.) (See next issue.) the Catholic Church; Congratulating the University of Illinois Fight- New Bridge Landing Post Office Redesignation ing Illini men’s tennis team: H. Res. 391, con- Act: H.R. 2130, amended, to redesignate the facility gratulating the University of Illinois Fighting Illini of the United States Postal Service located at 650 men’s tennis team for its successful season; Kinderkamack Road in River Edge, New Jersey, as the New Bridge Landing Post Office; (See next issue.) (See next issue.) Agreed to amend the title so as to read ‘‘A bill Amending the National Wildlife Refuge System to redesignate the facility of the United States Postal Administration Act of 1966: H.R. 1204, amended, Service located at 121 Kinderkamack Road in River to amend the National Wildlife Refuge System Ad- Edge, New Jersey, as the ‘New Bridge Landing Post ministration Act of 1966 to establish requirements Office’’’. (See next issue.) for the award of concessions in the National Wildlife Refuge System, to provide for maintenance and re- Senator James B. Pearson Post Office Building pair of properties located in the System by conces- Designation Act: S. 1718, to designate the facility sionaires authorized to use such properties; of the United States Postal Service located at 3710 West 73rd Terrace in Prairie Village, Kansas, as the (See next issue.) ‘‘Senator James B. Pearson Post Office’’—clearing National Aviation Heritage Area Act: H.R. 280, the measure for the President; (See next issue.) amended, to establish the National Aviation Herit- Ronald Reagan Post Office Building Designa- age Area; (See next issue.) tion Act: S. 867, to designate the facility of the Agreed to amend the title so as to read ‘‘a bill to United States Postal Service located at 710 Wick establish certain National Heritage Areas, and for Lane in Billings, Montana, as the Ronald Reagan other purposes’’. (See next issue.) Post Office Building—clearing the measure for the Sierra National Forest Land Exchange Act of President; (See next issue.) 2003: H.R. 1651, amended, to provide for the ex- Expressing the sense of Congress that Althea change of land within the Sierra National Forest, Gibson should be recognized for her achievements California; (See next issue.) and commitment: H. Con. Res. 69, expressing the Northern Arizona National Forest Land Ex- sense of Congress that Althea Gibson should be rec- change Act of 2003: H.R. 2907, amended, to pro- ognized for her ground breaking achievements in vide for a land exchange in the State of Arizona be- athletics and her commitment to ending racial dis- tween the Secretary of Agriculture and Yavapai crimination and prejudice within the world of sports; Ranch Limited Partnership; (See next issue.) (See next issue.) Kaloko-Honokohau National Historical Park Awarding the Congressional Gold Medals post- Addition Act of 2003: S. 254, to revise the bound- humously on behalf of Rev. Joseph A. DeLaine, ary of the Kaloko-Honokohau National Historical Harry and Eliza Briggs, and Levi Pearson: H.R. Park in the State of Hawaii—clearing the measure 3287, to award congressional gold medals post- for the President; (See next issue.) humously on behalf of Reverend Joseph A. DeLaine,

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 D1294 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2003 Harry and Eliza Briggs, and Levi Pearson in recogni- Senate Referrals: S. 1743 was referred to the Com- tion of their contributions to the Nation as pioneers mittees on Education and the Workforce and Judici- in the effort to desegregate public schools that led ary. Page H11389 directly to the landmark desegregation case of Brown Adjournment: The House met at 10 a.m. and ad- et al. v. the Board of Education of Topeka et al; journed at 12 midnight. (See next issue.) Suspensions Postponed: The following measures Committee Meetings were debated under suspension of the rules. Further No committee meetings were held. proceedings were postponed until Wednesday, No- vember 19: Joint Meetings Captive Wildlife Safety Act: H.R. 1006, amend- ed, to amend the Lacey Act Amendments of 1981 ENERGY POLICY ACT to further the conservation of certain wildlife species; Conferees agreed to file a conference report on the dif- (See next issue.) ferences between the Senate and House passed Expressing the sense of Congress regarding the versions of H.R. 6, to enhance energy conservation importance of motorsports: H. Con. Res. 320, ex- and research and development, to provide for secu- pressing the sense of the Congress regarding the im- rity and diversity in the energy supply for the Amer- portance of motorsports; (See next issue.) ican people. National Museum of African-American History f and Culture Act: H.R. 3491, to establish within NEW PUBLIC LAWS the Smithsonian Institution the National Museum of African American History and Culture; (For last listing of Public Laws, see DAILY DIGEST, p. D 1271) (See next issue.) H.R. 1442, to authorize the design and construc- tion of a visitor center for the Vietnam Veterans Me- Medicare Prescription Drug and Modernization morial. Signed on November 17, 2003. (Public Law Act of 2003—Motion to Instruct Conferees: The 108–126). House debated the Berkley motion to instruct con- H.R. 3288, to amend title XXI of the Social Se- ferees on H.R. 1, to amend title XVIII of the Social curity Act to make technical corrections with respect Security Act to provide for a voluntary prescription to the definition of qualifying State. Signed on No- drug benefit under the medicare program and to vember 17, 2003. (Public Law 108–127). strengthen and improve the medicare program. S. 677, to revise the boundary of the Black Can- (See next issue.) yon of the Gunnison National Park and Gunnison Representative Hooley of Oregon announced her Gorge National Conservation Area in the State of intention to offer a motion to instruct conferees on Colorado. Signed on November 17, 2003. (Public the bill. (See next issue.) Law 108–128). Labor/HHS Appropriations—Motion to Instruct S. 924, to authorize the exchange of lands be- tween an Alaska Native Village Corporation and the Conferees: The House agreed to the Kennedy of Department of the Interior. Signed on November 17, Rhode Island motion to instruct conferees on H.R. 2003. (Public Law 108–129). 2660, making appropriations for the Departments of Labor, Health and Human Services, and Education, f and related agencies for the fiscal year ending Sep- COMMITTEE MEETINGS FOR WEDNESDAY, tember 30, 2004. (See next issue.) NOVEMBER 19, 2003 Representative Kildee announced his intention to (Committee meetings are open unless otherwise indicated) offer a motion to instruct conferees on the bill. (See next issue.) Senate Presidential Message: Received a message from the Committee on Armed Services: to hold hearings to examine President wherein he transmitted the 2003 National current Army issues, 9 a.m., SH–216. Money Laundering Strategy—referred to the Com- Full Committee, business meeting to consider pending military nominations, 2:30 p.m., SR–222. mittees on the Judiciary and Financial Services (H. Committee on Governmental Affairs: to hold hearings to Doc. 108–143). (See next issue.) examine the threat of agroterrorism, 9:30 a.m., SD–342. Senate Message: Messages received from the Senate Committee on Health, Education, Labor, and Pensions: to today appear on page H11361. hold hearings to examine S.741, to amend the Federal Food, Drug, and Cosmetic Act with regard to new animal

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 November 18, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1295

drugs, proposed Mammography Quality Standards Reau- Committee on International Relations, Subcommittee on thorization Act, proposed Medical Device Technical Cor- the Middle East and Central Asia and the Subcommittee rections Act, proposed Organ Donation and Recovery Im- on International Terrorism, Nonproliferation and Human provement Act, and pending nominations, Time to be an- Rights, joint hearing on Afghanistan: Democratization nounced, S–216, Capitol. and Human Rights on the Eve of the Constitutional Loya Committee on the Judiciary: to hold hearings to examine Jirga, 1:30 p.m., 2172 Rayburn. pending judicial nominations, 2:30 p.m., SD–226. Committee on the Judiciary, oversight hearing entitled ‘‘Saving the Savings Clause: Congressional Intent, the House Trinko Case, and the role of the Antitrust Laws in Pro- moting Competition in the Telecom Sector,’’ 10 a.m., Committee on Armed Services, hearing on U.S. National 2141 Rayburn. Security Strategy, 2:30 p.m., 2118 Rayburn. Committee on Veterans’ Affairs, Subcommittee on Over- Committee on Energy and Commerce, Subcommittee on sight and Investigations, hearing to review progress being Commerce, Trade and Consumer Protection, hearing enti- made by the Department of Defense and the Department tled ‘‘Cybersecurity and Consumer Data: What’s at Risk of Veterans Affairs with the sharing of medical informa- for the Consumer?’’ 10 a.m., 2123 Rayburn. tion and development of a seamless electronic medical Subcommittee on Telecommunications and the Inter- record, 10:30 a.m., 334 Cannon. net, hearing entitled ‘‘Digital Dividends and Other Pro- Committee on Ways and Means, Subcommittee on posals to Leverage Investment in Technology,’’ 10:30 Human Resources, hearing on Improved Monitoring of a.m., 2322 Rayburn. Vulnerable Children, 2 p.m., B–318 Rayburn. Committee on Government Reform, Subcommittee on Tech- nology, Information Policy, Intergovernmental Relations Joint Meetings and the Census, to consider H.R. 3478, National Ar- Conference: A closed meeting of conferees on H.R. 2417, chives and Records Administration Efficiency Act of to authorize appropriations for fiscal year 2004 for intel- 2003, 10 a.m., 2154 Rayburn. ligence and intelligence-related activities of the United Committee on House Administration, to mark up H.R. States Government, the Community Management Ac- 2844, Continuity in Representation Act of 2003, 3 p.m., count, and the Central Intelligence Agency Retirement 1310 Longworth. and Disability System, 2 p.m., S–407, Capitol.

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D18NO3.REC D18NO3 D1296 CONGRESSIONAL RECORD — DAILY DIGEST November 18, 2003

Next Meeting of the SENATE (7) S. 1824, Overseas Private Investment Corporation 9:30 a.m., Wednesday, November 19 Amendments Act of 2003; (8) H.R. 3140, Fairness to Contact Lens Consumers Act; Senate Chamber (9) H.R. 2218, to amend the Federal Food, Drug, and Cos- metic Act to provide for the regulation of noncorrective contact Program for Wednesday: After the transaction of any morn- lens as medical devices; ing business (not to extend beyond 10:30 a.m.), Senate may (10) S. 826, Birth Defects and Developmental Disabilities begin consideration of the conference report on H.R. 6, Energy Prevention Act of 2003; Policy Act. (11) S. Con. Res. 48, supporting the goals and ideals of ‘‘Na- tional Epilepsy Awareness Month’’ and urging support for epi- lepsy research and service programs; Next Meeting of the HOUSE OF REPRESENTATIVES (12) S. 650, Pediatric Research Equity Act of 2003; 10 a.m., Wednesday, November 19 (13) S. 686, Poison Control Center Enhancement and Aware- ness Act Amendments of 2003; House Chamber (14) S. 1685, Basic Pilot Program Extension and Expansion Act of 2003; Program for Wednesday: Consideration of Suspensions: (15) S. 1720, to provide for Federal court proceedings in (1) H. Con. Res. 288, Honoring Seeds of Peace; Plano, Texas; (2) H. Res. 427, expressing the sense of the House of Rep- (16) H.R. 482, Florida National Forest Land Management resentatives regarding the courageous leadership of the Unified Act of 2003; Buddhist Church of Vietnam and the urgent need for religious (17) H.R. 2420, Mutual Funds Integrity and Fee Trans- freedom and related human rights in the Socialist Republic of parency Act of 2003; and Vietnam; (18) H.R. 253, Two Floods and You Are Out of the Tax- (3) H. Res. 423, recognizing the 5th anniversary of the sign- payers’ Pocket Act of 2003. ing of the International Religious Freedom Act of 1998; Rolled Vote on Berkley motion to instruct conferees on H.R. (4) H. Res. 393, commending Afghan women; 1, (5) H. Con. Res. 83, honoring the victims of the Cambodian Consideration of Hooley motion to instruct conferees on genocide that took place from April 1975 to January 1979; H.R. 1, (6) H.R. 1813, Torture Victims Relief Reauthorization Act Consideration of Kildee motion to instruct conferees on H.R. of 2003; 2660.

N O T I C E Effective January 1, 2004, the subscription price of the Congressional Record will be $503 per year or $252 for six months. Individual issues may be purchased at the following costs: Less than 200 pages, $10.50; Between 200 and 400 pages, $21.00; Greater than 400 pages, $31.50. Subscriptions in microfiche format will be $146 per year with single copies priced at $3.00. This price increase is necessary based upon the cost of printing and distribution.

BRUCE R. JAMES, Public Printer.

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $217.00 for six months, $434.00 per year, or purchased for $6.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate jul 14 2003 06:44 Nov 19, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0642 Sfmt 0642 E:\CR\FM\D18NO3.REC D18NO3