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, THURSDAY, SEPTEMBER 25, 2003 No. 133 House of Representatives The House met at 10 a.m. lic for which it stands, one nation under God, APPOINTMENT OF ADDITIONAL The Reverend Dr. Harold R. May- indivisible, with liberty and justice for all. CONFEREES ON S. 3, PARTIAL- berry, Senior Pastor, First African BIRTH ABORTION BAN ACT OF Methodist Episcopal Church, Oakland, f 2003 California, offered the following pray- The SPEAKER. Pursuant to clause 11 er: WELCOMING THE REVEREND DR. of rule I, the Chair appoints Mr. God of wisdom, humility, and com- HAROLD R. MAYBERRY CHABOT and Ms. LOFGREN as conferees passion, we thank You for the mar- on S. 3. velous gift of life that You have so (Ms. LEE asked and was given per- The Clerk will notify the Senate of wonderfully shared with us. For the mission to address the House for 1 the change in conferees. ability to reason without being unrea- minute). sonable, and to learn from one another, Ms. LEE. Mr. Speaker, let me just f for the spirit of cooperation that serves say, first of all, how honored we are ANNOUNCEMENT BY THE SPEAKER to bless us all, we give You thanks. that Pastor Harold Mayberry has pre- We pray, O God, that Your constant sented and provided with us a very The SPEAKER. The Chair will re- presence which provides guidance will powerful prayer this morning. ceive 5 one-minute speeches on each side. be manifest in the spirit of each con- Pastor Mayberry is the pastor, as he gressional representative and that indicated, of First AME Church in Oak- f Your will and Your strength will shape land, California. Pastor Mayberry and REMOVAL OF NAME OF MEMBER their decision-making. his wife, Mary Mayberry, are here with We pray, O God, that Your spirit of AS COSPONSOR OF H.R. 1078 us this weekend as we work to look at sensitivity, for the well-being of all of Mr. PITTS. Mr. Speaker, I ask unani- the major issues which, of course, the Your people, will be lifted up in this mous consent to have my name re- Congressional Black Caucus and all of body. moved as a cosponsor of H.R. 1078. us deal with each and every day. May those who serve in this Chamber The SPEAKER. Is there objection to never know fear as they seek to do First AME Church, let me just say, is the request of the gentleman from what is morally right as mandated by a very powerful church, a very com- Pennsylvania? You. May courage be the order of the mitted church in our community. It is There was no objection. day; may Your spirit of peace rule a shining light in Oakland and in the f here; and may You always be acknowl- East Bay. It provides a vision for our edged as Lord and Leader we pray. community. It is a church which, under TRAFFICKING Amen. Pastor Mayberry’s leadership, insists (Mr. PITTS asked and was given per- f that our community puts people first mission to address the House for 1 in the sense that they focus on edu- THE JOURNAL minute and to revise and extend his re- cating our young people, housing the marks.) The SPEAKER. The Chair has exam- homeless, feeding the hungry. It is a Mr. PITTS. Mr. Speaker, the Presi- ined the Journal of the last day’s pro- congregation that makes religion real- dent this week made a courageous ceedings and announces to the House ly real in our community, and that is move at the U.N. He called on the his approval thereof. thanks to Pastor Mayberry and the world to act against trafficking. The Pursuant to clause 1, rule I, the Jour- First AME Church family. nal stands approved. U.N. should follow the President’s lead The leadership of this congregation and take action. f has made many, many changes in our Human trafficking is one of the worst PLEDGE OF ALLEGIANCE great East Bay and especially in the forms of human violations in the world The SPEAKER. Will the gentleman city of Oakland, California. And for today. Each year, over 800,000 men, that we are deeply grateful. from Florida (Mr. MILLER) come for- women, and children are trafficked ward and lead the House in the Pledge We are honored and privileged that into prostitution or forced labor. It is of Allegiance. Pastor Mayberry and his wife, Mary, modern-day slavery. It is absolutely Mr. MILLER of Florida led the are here with us today. Mr. Speaker, I vital that we act to remove these peo- Pledge of Allegiance as follows: am thankful for the opportunity to ple from slavery and assist in their re- I pledge allegiance to the Flag of the share his wisdom and his insight with covery, but it is also important that United States of America, and to the Repub- this great august body. police and security forces around the

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.

H8907

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VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.000 H25PT1 H8908 CONGRESSIONAL RECORD — HOUSE September 25, 2003 world root out the people who profit off High School, dubbed as having the He served as a special agent in the of this special evil. ‘‘prettiest smile,’’ he married his wife, U.S. Army Counterintelligence Corps Many of these people are involved in Stacy, in 1995 and began his work serv- from 1942 to 1946 in China. He also organized crime. There are even re- ing the Omaha community as a rookie served as an alderman in his hometown ports that suggest profits from traf- police officer in 1996. Upon completing of Nashua, and later became mayor of ficking in persons are used to support training in 1997, he joined the SWAT that city. terrorist activities. unit, the emergency response unit. Governor Gregg was proud to be a Make no mistake about it, any gov- Jason and Stacy were the parents of politician and realized that politics ernment that tolerates trafficking, tol- two young daughters, Madison and was the vehicle to better the lives of erates a form of slavery. Jordyn. Officer Pratt bragged about his New Hampshire’s citizens. He perhaps f wife and her work at the Immanuel will most be remembered for his pas- Medical Center and his daughters con- sion for the New Hampshire first-in- THE COST OF REBUILDING IRAQ stantly at work. the-Nation presidential primary. Gov- (Mr. DEFAZIO asked and was given He was known for his tremendous ernor Gregg authored two books on the permission to address the House for 1 discipline, work ethic and commit- New Hampshire primary, and his his- minute and to revise and extend his re- ment. He balanced an irresistible sense tory of the primary is part of the offi- marks.) of humor with full-throttled intensity cial State record published by the Sec- Mr. DEFAZIO. Mr. Speaker, last fall in whatever role he undertook. This is retary of State’s office. the President’s economic adviser, a man who truly loved what he did, and Not one to sit by idly, Governor Larry Lindsey, said the war in Iraq never hesitated to help somebody in Gregg was still a dominant presence in could cause $100 billion to $200 billion. need. the State, even at the age of 85, most Well, Wolfowitz, Rumsfeld, said, ‘‘That Police officers are everyday heroes. recently serving on the State Ballot is absurd. Those are crazy numbers.’’ They put their lives on the line day in Law Commission. In fact, Wolfowitz said, ‘‘Don’t worry, and day out to ensure our safety and Governor Gregg’s legacy will con- they can pay for their own reconstruc- protect our community. tinue to live on in the causes he held so tion.’’ For a week, Officer Jason ‘‘Tye’’ dear to his heart, helping those with Now, the President is asking Con- Pratt hung on to his life in the hos- disabilities and preserving New Hamp- gress to borrow $87 billion in the name pital, receiving an outpouring of pray- shire’s unique role in the political of the American people, $20 billion of ers. He is a true hero. Officer Pratt was process. The State mourns the loss of a that to rebuild the infrastructure of a hero to his wife, daughters, family great statesman, civic leader and Iraq. and fellow officers, and he will remain friend, and his efforts to make New Now, it is nice that we want to build a hero to all of us. Hampshire a better place in which to a $150 million children’s hospital in f live has made a lasting impact on all Iraq, but American kids lack basic who call New Hampshire home. health care. Where is the money for THE AMERICAN DEBT Governor Gregg represented the New that? (Mr. POMEROY asked and was given Hampshire ideals we all cherish: Integ- It is nice that they want to rebuild permission to address the House for 1 rity, strength and honesty. He has the Port of Umm Qasr, $80 million. The minute and to revise and extend his re- raised the bar high for those who want President has zeroed out dredging ports marks.) to be public servants. His civility, in my district. Mr. POMEROY. Mr. Speaker, it has frankness and fairness will be sorely Billions for the electric grid; not a been 868 days since President Bush and missed. penny for the faltering electric grid in the Republican Party embarked upon f the United States of America. their economic plan for our country. b 1015 $20 billion invested here would create During this time, the national debt has 1 million U.S. jobs. $20 billion in Iraq is increased by $1,163,468,782,425.75. A LOOK AT U.S. DAILY DEATHS IN a drop in the bucket of what it is really According to the Web site for the Bu- IRAQ going to cost, but it will produce some reau of Public Debt at the U.S. Depart- (Mr. MCDERMOTT asked and was nice profits for Halliburton. ment of Treasury, yesterday as of 4:30 given permission to address the House f p.m. Eastern Daylight Time, the Na- for 1 minute and to revise and extend tion’s outstanding debt was TRIBUTE TO SGT. JASON ‘‘TYE’’ his remarks.) $6,803,794,168,784.52. Mr. MCDERMOTT. Mr. Speaker, in PRATT The interest we will have to pay on the next few days, we will hear people (Mr. TERRY asked and was given this debt, the debt tax, for fiscal year say that if you do not support that $87 permission to address the House for 1 2003 through the end of August, billion, you are against the troops and minute and to revise and extend his re- amounts to $304,978,878,641.11. you do not care what is happening to marks.) f our people in Iraq. Mr. TERRY. Mr. Speaker, I come to The fact is that since this war start- HONORING GOVERNOR HUGH the floor today with great sadness. Two ed, 304 people have died. Mr. Speaker, GREGG weeks ago in Omaha, a brave, dedicated 167 have died since the President an- police officer, Sgt. Jason Pratt, was (Mr. BRADLEY of New Hampshire nounced that the mission was accom- gunned down by a violent criminal fol- asked and was given permission to ad- plished. And now they want us to give lowing a routine traffic stop. He died of dress the House for 1 minute and to re- them a blank check with $87 billion. severe head injuries last Friday. I at- vise and extend his remarks.) They will not change one single thing. tended his funeral 2 days ago. Mr. BRADLEY of New Hampshire. They will not acknowledge anything I want to extend my sincere condo- Mr. Speaker, I rise today to honor a with the international community; lences not only to the family and dedicated public servant who has de- they will not change anything. friends of this heroic man, but to the voted his life to the State he so loved Mr. Speaker, Sergeant Lunsford entire community for the loss of such a dearly, former Governor Hugh Gregg. Brown died on September 20. Captain brave officer. But while I rise today to Governor Gregg passed away yester- Brian Faunce died on September 18. mourn the death of Officer Jason day at the age of 85. Governor Gregg Sergeant David Freidrich died on Sep- ‘‘Tye’’ Pratt, I also want to celebrate wore many hats in his lifetime, war tember 20. Sergeant Paul Sturino died his life, a life built upon optimism, hero, businessman, lawyer, public serv- on September 22. They continue to die, bravery, compassion and dedication. ant, but he will most be remembered as and the President will not tell us how Those who were lucky enough to a devoted husband to his wife, Cath- he is going to get us out of this morass, know him will tell you what an honor- erine, a father to his two sons, Cyrus except give me more money or you are able husband, father, son, brother, Gregg and U.S. Senator JUDD GREGG, unpatriotic. friend, coworker and citizen he was. A and a grandfather and great-grand- Members in this House who want to 1992 honors student graduate of Burke father. ask questions are not unpatriotic. The

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.002 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8909 people who make those kinds of instruction as well as training to co- GENERAL LEAVE charges ought to stand down here and ordinate effectively with Federal air Mr. YOUNG of Florida. Mr. Speaker, tell people what they did when their marshals, closing a glaring gap in the I ask unanimous consent that all Mem- chance came. Nation’s aviation security program. bers may have 5 legislative days within Unfortunately, this critical provision Some of us served. I was not in Viet- which to revise and extend their re- was stripped, apparently at the behest nam, but I was in the hospitals dealing marks on H.J. Res. 69, and that I may of a single carrier, from the final con- with people who came back. Everybody include tabular and extraneous mate- ference report. Under the new lan- in this body ought to go out to Walter rial. guage, TSA could, but would not be re- Reed and walk around Unit 56 and look The SPEAKER pro tempore (Mr. quired to, issue guidelines for flight at- at those amputees and talk to them. LATOURETTE). Is there objection to the tendant security training programs. In f request of the gentleman from Florida? the absence of a statutory require- There was no objection. SUCCESS STORIES FROM IRAQ ment, TSA is unlikely to establish the (Mr. BURGESS asked and was given rigorous training program demanded f permission to address the House for 1 by flight attendants. CONTINUING APPROPRIATIONS, minute and to revise and extend his re- Forcing flight attendants with no FISCAL YEAR 2004 marks.) prior self-defense training to confront Mr. YOUNG of Florida. Mr. Speaker, Mr. BURGESS. Mr. Speaker, as part well-armed, suicide terrorists is unfair under the previous order of the House, of the Committee on Government Re- and unwise. Flight attendants are I call up the joint resolution (H.J. Res. form that took a recent official visit to uniquely capable of disrupting a poten- 69) making continuing appropriations Iraq, I witnessed what I thought was tially devastating terrorist attack. The for the fiscal year 2004, and for other the true shock and awe story. I saw the attempted hijacking of a Quantas purposes, and ask for its immediate progress of a fledgling free nation, and flight in May is a good example. The consideration. I came away knowing we have every incident, which left two flight attend- The Clerk read the title of the joint reason to be optimistic in that coun- ants and two passengers with stab resolution. try. wounds, dramatically illustrates the My disappointment, Mr. Speaker, is consequences of inadequate security The text of House Joint Resolution 69 that when watching the evening news training. is as follows: on my return home, I could scarcely The Department of Homeland Secu- H.J. RES. 69 recognize the situation I had just left. rity’s recent warning of another sui- Resolved by the Senate and House of Rep- In Iraq, General James Conway of the cide hijacking reminds us of the perils resentatives of the United States of America in First Marine Expeditionary Force de- of complacency. I was pleased that the Congress assembled, That the following sums Committee on Rules reported out a res- are hereby appropriated, out of any money in scribed our efforts there as a vivid suc- the Treasury not otherwise appropriated, cess story, both during the major com- olution recommitting the reauthoriza- tion bill to conference. As this legisla- and out of applicable corporate or other rev- bat phase and since its conclusion. Per- enues, receipts, and funds, for the several de- tion is rewritten, I urge my colleagues haps most important, he said that partments, agencies, corporations, and other most Iraqis were concerned not that we to support restoration of the original organizational units of Government for fiscal would stay too long, but that they flight attendant training language. year 2004, and for other purposes, namely: would leave too soon. f SEC. 101. Such amounts as may be nec- As a doctor, I particularly wanted to essary under the authority and conditions EXPRESSING DISMAY WITH RE- provided in the applicable appropriations assess the Iraqi health care system. I MARKS OF PRESIDENTIAL CAN- Act for fiscal year 2003 for continuing knew the difficulties that this system DIDATE HOWARD DEAN projects or activities including the costs of had suffered under Saddam’s rule, but I (Mr. BURNS asked and was given direct loans and loan guarantees (not other- also knew that we were starting to see permission to address the House for 1 wise specifically provided for in this joint the decrepit hospitals begin to im- minute and to revise and extend his re- resolution) which were conducted in fiscal prove. Most of these hospitals had no year 2003, at a rate for operations not exceed- marks.) ing the current rate, and for which appro- nursing staff left at all. Mr. BURNS. Mr. Speaker, I rise A member of the public health team priations, funds, or other authority was today to express my dismay with the made available in the following appropria- of the 385th Civil Affairs Brigade, Lieu- recent remarks made by Presidential tions Acts: tenant Michael Keller, told me that in candidate Howard Dean. His remarks (1) The Agriculture, Rural Development, the library at the medical school no related to the U.S. role in the Israeli- Food and Drug Administration, and Related text had a copyright date later than Palestinian conflict. Agencies Appropriations Act, 2003. 1984. Mr. Speaker, on average, Dr. Dean said that it is ‘‘not our (2) The Departments of Commerce, Justice, Saddam’s government spent 50 cents place to take sides,’’ in this conflict. and State, the Judiciary, and Related Agen- per person on health care. Since the He could not be more wrong. We must cies Appropriations Act, 2003, notwith- fall of that regime, that amount has in- standing section 15 of the State Department as Americans support the only democ- Basic Authorities Act of 1956, section 313 of creased to $45. racy in the region that deals with the the Foreign Relations Authorization Act, f ongoing battle of terror. I was in Israel Fiscal Years 1994 and 1995 (Public Law 103– just last month, and I saw firsthand SUPPORT COMPREHENSIVE MAN- 236), and section 504(a)(1) of the National Se- the death and destruction of Hamas curity Act of 1947 (50 U.S.C. 414(a)(1)). DATORY SECURITY TRAINING and the suicide bombers. They con- (3) The District of Columbia Appropria- FOR FLIGHT ATTENDANTS tinue to inflict this tragedy on the tions Act, 2003. (Mrs. LOWEY asked and was given country of Israel. (4) The Energy and Water Development Ap- permission to address the House for 1 Edmond Burke said that ‘‘all that is propriations Act, 2003, notwithstanding sec- minute and to revise and extend her re- necessary for the triumph of evil is for tion 504(a)(1) of the National Security Act of marks.) 1947 (50 U.S.C. 414(a)(1)). good men to do nothing.’’ Dr. Dean (5) The Foreign Operations, Export Financ- Mrs. LOWEY. Mr. Speaker, I rise to would have us do nothing and allow ing, and Related Programs Appropriations express my support for comprehensive evil to triumph over our friends and Act, 2003, notwithstanding section 10 of Pub- mandatory security training of the Na- our allies. lic Law 91–672 and section 15 of the State De- tion’s flight attendants. A bipartisan His comments are out of touch and partment Basic Authorities Act of 1956. measure included in the FAA reauthor- uninformed. I call on all of my col- (6) The Department of the Interior and Re- ization bills passed by the House and leagues in this body from both sides of lated Agencies Appropriations Act, 2003. Senate would have required the TSA to the aisle to denounce his thoughtless (7) The Departments of Labor, Health and establish clear, consistent security words. Truly good men recognize that Human Services, and Education, and Related Agencies Appropriations Act, 2003. training standards for all flight attend- what he has said is simply wrong and (8) The Military Construction Appropria- ants, regardless of airline affiliation. that he should be reminded that it is tions Act, 2003. The agreement would have ensured always the place of the United States (9) The Department of Transportation and fight attendants received self-defense to take the side against terror. Related Agencies Appropriations Act, 2003.

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.036 H25PT1 H8910 CONGRESSIONAL RECORD — HOUSE September 25, 2003 (10) The Treasury and General Government levels under current law, under the author- grants and necessary expenses as provided Appropriations Act, 2003. ity and conditions provided in the applicable for, in accordance with, and subject to the (11) The Departments of Veterans Affairs appropriations Act for fiscal year 2003, to be requirements set forth in the Compacts of and Housing and Urban Development, and continued through the date specified in sec- Free Association, as amended, and their re- Independent Agencies Appropriations Act, tion 107(c): Provided, That notwithstanding lated agreements, (sections 211, 212, 213, 214, 2003. section 107, funds shall be available and obli- 215, and 217) as between the Government of SEC. 102. Appropriations made by section gations for mandatory payments due on or the United States of America and the Gov- 101 shall be available to the extent and in the about November 1 and December 1, 2003, may ernment of the Republic of the Marshall Is- manner which would be provided by the per- continue to be made. lands (signed April 30, 2003), and (sections tinent appropriations Act. SEC. 113. Section 1316(c) of Public Law 108– 211, 212, 213, 214, and 216) as between the Gov- SEC. 103. The appropriations Acts listed in 11 shall be applied by substituting the date ernment of the United States of America and section 101 shall be deemed to include sup- specified in section 107(c) of this joint resolu- the Federated States of Micronesia (signed plemental appropriation laws enacted during tion for ‘‘September 30, 2003’’ each place it May 14, 2003); to remain available until ex- fiscal year 2003. appears. pended: Provided, That if H.J. Res. 63 of the SEC. 104. No appropriation or funds made SEC. 114. Activities authorized by section 108th Congress, or similar legislation to ap- available or authority granted pursuant to 403(f) of Public Law 103–356, as amended by prove the Compacts of Free Association, is section 101 shall be used to initiate or re- section 634 of Public Law 107–67, and activi- enacted, any funding made available in this sume any project or activity for which ap- ties authorized under the heading ‘‘Treasury appropriation shall be considered to have propriations, funds, or other authority were Franchise Fund’’ in the Treasury Depart- been made available and expended for the not available during fiscal year 2003. ment Appropriations Act, 1997 (Public Law purposes of funding for fiscal year 2004 as SEC. 105. Appropriations made and author- 104–208), as amended by section 120 of the provided for in such enacted legislation. ity granted pursuant to this joint resolution Treasury Department Appropriations Act, SEC. 123. From amounts available to the shall cover all obligations or expenditures 2001 (Public Law 106–554), may continue Bureau of Indian Affairs under this joint res- incurred for any program, project, or activ- through the date specified in section 107(c) of olution, $123,500 shall be available to satisfy ity during the period for which funds or au- this joint resolution. the requirements specified in sections 10(f), thority for such project or activity are avail- SEC. 115. Notwithstanding section 235(a)(2) 11(b)(2), and 11(c) of Public Law 106–263. able under this joint resolution. of the Foreign Assistance Act of 1961 (22 SEC. 124. Notwithstanding any other provi- SEC. 106. (a) The matter under the heading U.S.C. 2195(a)(2)), the authority of sub- sion of this joint resolution, except section ‘‘Department of Education—Education for sections (a) through (c) of section 234 of such 107(c), the District of Columbia may expend the Disadvantaged’’ in division G of Public Act, shall remain in effect through the date local funds for programs and activities under Law 108–7 is amended— specified in section 107(c) of this joint resolu- the heading ‘‘District of Columbia Funds-Op- (1) by striking ‘‘$4,651,199,000’’ and insert- tion. erating Expenses’’ at the rate set forth for ing ‘‘$6,895,199,000’’; and SEC. 116. Section 503(f) of the Small Busi- such programs and activities under title II of (2) by striking ‘‘$9,027,301,000’’ and insert- ness Investment Act of 1958 (15 U.S.C. 697(f)) H.R. 2765, 108th Congress, as passed by the ing ‘‘$6,783,301,000’’. shall be applied by substituting the date House of Representatives. (b) The amendments made by subsection specified in section 107(c) of this joint resolu- SEC. 125. Notwithstanding any other provi- (a) shall take effect on the date of the enact- tion for ‘‘October 1, 2003’’. sion of law or of this joint resolution, except ment of this Act. SEC. 117. Section 303(g)(2) of the Small section 107, amounts provided in this joint SEC. 107. Unless otherwise provided for in Business Investment Act of 1958 (15 U.S.C. resolution and in prior Appropriations Acts this joint resolution or in the applicable ap- 683(g)(2)) is amended by striking ‘‘1.38 per- from the Airport and Airway Trust Fund propriations Act, appropriations and funds cent’’ in the last sentence and inserting ‘‘1.46 shall be available for fiscal year 2004, at a made available and authority granted pursu- percent’’. rate for operations not exceeding the current ant to this joint resolution shall be available SEC. 118. Collection and use of maintenance rate and for which authority was made avail- until (a) enactment into law of an appropria- fees as authorized by section 4(i) and 4(k) of able under the Department of Transpor- tion for any project or activity provided for the Federal Insecticide, Fungicide, and tation and Related Agencies Appropriations in this joint resolution, or (b) the enactment Rodenticide Act (7 U.S.C. Sec. 136a–1(i) and Act, 2003, for expenditures to meet obliga- into law of the applicable appropriations Act (k)) may continue through the date specified tions, heretofore and hereafter incurred, as by both Houses without any provision for in section 107(c) of this joint resolution. Pro- paid from the Airport and Airway Trust such project or activity, or (c) October 31, hibitions against collecting ‘‘other fees’’ as Fund in fiscal year 2003. 2003, whichever first occurs. described in section 4(i)(6) of the Federal In- SEC. 126. Notwithstanding any other provi- SEC. 108. Expenditures made pursuant to secticide, Fungicide, and Rodenticide Act (7 sion of law or of this joint resolution, except this joint resolution shall be charged to the U.S.C. 136a–1(i)(6)) shall continue in effect section 107, such amounts as may be nec- applicable appropriation, fund, or authoriza- through the date specified in section 107(c) of essary for administrative expenses of the tion whenever a bill in which such applicable this joint resolution. Federal Highway Administration, for pur- appropriation, fund, or authorization is con- SEC. 119. The full amount provided under poses described in 23 U.S.C. 104(a)(1)(A), shall tained is enacted into law. this joint resolution for necessary expenses continue to be transferred and credited to SEC. 109. Appropriations and funds made to carry out the Comprehensive Environ- the Highway Trust Fund (other than the available by or authority granted pursuant mental Response, Compensation, and Liabil- Mass Transit Account), to be available to the to this joint resolution may be used without ity Act of 1980 (CERCLA), section 118(f) of Secretary of Transportation, at a rate for op- regard to the time limitations for submis- the Superfund Amendments and Reauthor- erations not exceeding the current rate and sion and approval of apportionments set ization Act of 1986, and section 3019 of the for which authority was made available forth in section 1513 of title 31, United States Solid Waste Disposal Act, shall be derived under the Department of Transportation and Code, but nothing herein shall be construed from the general fund. Related Agencies Appropriations Act, 2003: to waive any other provision of law gov- SEC. 120. National Aeronautics and Space Provided, That funds authorized under this erning the apportionment of funds. Administration is authorized to implement section shall be available for obligation in SEC. 110. Notwithstanding any other provi- full cost accounting as of October 1, 2003, in the same manner as if the funds were appor- sion of this joint resolution, except section the account structure that is consistent with tioned under chapter 1 of title 23, United 107, for those programs that had high initial the President’s request for fiscal year 2004. States Code, and shall be subject to any limi- rates of operation or complete distribution SEC. 121. Notwithstanding any other provi- tation on obligations for Federal-aid high- of fiscal year 2003 appropriations at the be- sion of this joint resolution, except section ways and highway safety construction pro- ginning of that fiscal year because of dis- 107(c), the limitation on new loan guarantee grams. tributions of funding to States, foreign coun- commitments of the Federal Housing Admin- SEC. 127. Notwithstanding any other provi- tries, grantees or others, similar distribu- istration, General and Special Risk Insur- sion of law or of this joint resolution, except tions of funds for fiscal year 2004 shall not be ance Fund, shall be $3,800,000,000 for the pe- section 107, such amounts as may be nec- made and no grants shall be awarded for riod of applicability of this joint resolution essary for administrative expenses of the Bu- such programs funded by this resolution that to continue projects and activities under reau of Transportation Statistics, in accord- would impinge on final funding prerogatives. that account: Provided, That the Secretary of ance with 49 U.S.C. 111, shall continue to be SEC. 111. This joint resolution shall be im- Housing and Urban Development shall sub- transferred and credited to the Highway plemented so that only the most limited mit daily reports to the Committees on Ap- Trust Fund (other than the Mass Transit Ac- funding action of that permitted in the joint propriations of the House of Representatives count), to be available to the Secretary of resolution shall be taken in order to provide and the Senate on the total amount of new Transportation, at a rate for operations not for continuation of projects and activities. loan guarantee commitments issued during exceeding the current rate and for which au- SEC. 112. For entitlements and other man- the period of applicability of this joint reso- thority was made available under the De- datory payments whose budget authority lution. partment of Transportation and Related was provided in appropriations Acts for fis- SEC. 122. For the period covered by this Agencies Appropriations Act, 2003: Provided, cal year 2003, and for activities under the joint resolution, there shall be available, at That funds authorized under this section Food Stamp Act of 1977, activities shall be the current rate of operations for fiscal year shall be available for obligation in the same continued at the rate to maintain program 2003, such funds as may be necessary for manner as if the funds were apportioned

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.001 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8911 under chapter 1 of title 23, United States year 2004, direct loans under section 23 of the We are continuing to move forward Code, and shall be subject to any limitation Arms Export Control Act may be made avail- on conferences with the other body. We on obligations for Federal-aid highways and able for the Czech Republic, gross obliga- hope to have the conference reports for highway safety construction programs. tions for the principal amounts of which SEC. 128. Notwithstanding any other provi- shall not exceed $550,000,000: Provided, That Energy and Water and Military Con- sion of law or of this joint resolution, except such loans shall be repaid in not more than struction ready for House consider- section 107, such amounts as may be nec- twelve years, including a grace period of up ation very soon. essary for administrative expenses of the to five years on repayment of principal: Pro- As I think we all know, in addition to Federal Transit Administration, in accord- vided further, That no funds are available for our regular appropriations bills, we are ance with the Federal Transit Administra- the subsidy costs for these loans: Provided also in the process of considering an $87 tion’s programs authorized by chapter 53 of further, That the Government of the Czech billion budget amendment for the war title 49, United States Code, shall continue Republic shall pay the full cost, as defined in against terror. Yesterday, we began to be transferred and credited to the Mass section 502 of the Federal Credit Reform Act Transit Account of the Highway Trust Fund, of 1990, associated with these loans, includ- oversight hearings on this request. to be available to the Secretary of Transpor- ing the cost of any defaults: Provided further, There is still a considerable amount of tation, at a rate for operations not exceeding That any fees associated with these loans work for our committee to do before we the current rate and for which authority was shall be paid by the Government of the Czech are able to adjourn. made available under the Department of Republic prior to any disbursement of any That is the reason for this continuing Transportation and Related Agencies Appro- loan proceeds: Provided further, That no resolution. Let me now briefly describe priations Act, 2003: Provided, That funds au- funds made available to the Czech Republic thorized under this section shall be available the terms and conditions of the con- under this joint resolution or any other Act tinuing resolution. It will continue all for obligation in the same manner provided may be used for payment of any fees associ- under section 5338(g) of title 49, United ated with these loans. ongoing activities at current rates, in- States Code. SEC. 134. The following provisions of law cluding supplemental funding, under SEC. 129. Notwithstanding any other provi- shall continue in effect through the date the same terms and conditions as fiscal sion of law or of this joint resolution, except specified in section 107(c) of this joint resolu- section 107, such amounts as may be nec- year 2003. As in past CRs, it does not tion: allow new starts, and it restricts obli- essary for administrative expenses of the Na- (1) Sections 9(b)(7), 14(a), 17(a)(2)(B)(i), and tional Highway Traffic Safety Administra- gations on high initial spend-out pro- 18(f)(2) of the Richard B. Russell National grams so the annualized funding levels tion, in accordance with 23 U.S.C. 402, 403, School Lunch Act (42 U.S.C. 1758(b)(7), 405, 410 and chapter 303 of title 49, United 1762a(a), 1766(a)(2)(B)(i), and 1769(f)(2)). in this bill will not impinge on our States Code, shall continue to be transferred (2) Section 15 of the Commodity Distribu- final budget deliberations. and credited to the Highway Trust Fund tion Reform Act and WIC Amendments of It includes provisions that allow for (other than the Mass Transit Account), to be 1987 (7 U.S.C. 612c note; Public Law 100–237). the continuation of programs and fee available to the Secretary of Transportation, SEC. 135. Section 8144(b) of the Department collections that would otherwise ex- at a rate for operations not exceeding the of Defense Appropriations Act, 2003, Public current rate and for which authority was pire, for example, entitlement pay- Law 107–248, is amended by striking ‘‘on Sep- ments under the Food Stamp program, made available under the Department of tember 30, 2003’’ and inserting ‘‘October 31, Transportation and Related Agencies Appro- 2003’’. certain child nutrition programs, cer- priations Act, 2003: Provided, That funds au- tain SBA loan programs, and payments The SPEAKER pro tempore. Pursu- thorized under this section shall be available to military personnel for imminent for obligation in the same manner as if the ant to the order of the House of Wednesday, September 24, 2003, the danger special pay and family separa- funds were apportioned under chapter 1 of tion allowances. The CR also allows gentleman from Florida (Mr. YOUNG) title 23, United States Code. the District of Columbia to spend local SEC. 130. Notwithstanding any other provi- and the gentleman from Wisconsin (Mr. funds through the period of the CR at sion of law or of this joint resolution, except OBEY) each will control 30 minutes. section 107, such amounts as may be nec- The Chair recognizes the gentleman budget levels as passed by the House. essary for administrative expenses of the from Florida (Mr. YOUNG). The CR ensures that funding is avail- Federal Motor Carrier Safety Administra- Mr. YOUNG of Florida. Mr. Speaker, able during the period of the CR to con- tion, for purposes described in 23 U.S.C. I yield myself such time as I may con- duct administrative oversight and to 104(a)(1)(B), shall continue to be transferred pay certain Department of Transpor- and credited to the Highway Trust Fund sume. (other than the Mass Transit Account), to be (Mr. YOUNG of Florida asked and tation personnel managing surface and available to the Secretary of Transportation, was given permission to revise and ex- aviation programs in the absence of re- at a rate for operations not exceeding the tend his remarks.) authorizations for such programs. current rate and for which authority was Mr. YOUNG of Florida. Mr. Speaker, A provision was also requested by the made available under the Department of the legislation before the House, H.J. Administration that is included in the Transportation and Related Agencies Appro- Res. 69, is a continuing resolution for CR that provides legislative authoriza- priations Act, 2003: Provided, That funds au- fiscal year 2004, and it would extend tion to implement a new, no-subsidy thorized under this section shall be available until the end of October. Normally we $550 million Foreign Military Financ- for obligation in the same manner as if the funds were apportioned under chapter 1 of do a 3- or 4- or 5-day CR, but the wiser ing 12-year loan to the Czech Republic title 23, United States Code. approach is to do this for the entire for the purchase of 14 of our used F–16 SEC. 131. Notwithstanding any other provi- month of October because there is con- aircraft, weapons, training, and related sion of law, amounts shall continue to be ap- siderable work still to do that has not logistics support from the United propriated or credited to the Airport and yet been completed. This legislation is States. Airway Trust Fund and the Highway Trust needed to continue the operation of the Mr. Speaker, I do not think this CR Fund after the date of any expenditure pur- Federal Government for the first is controversial, and I urge the House suant to this Act. SEC. 132. Notwithstanding rule 3 of the month of the new fiscal year. to move it to the Senate so the govern- Budget Scorekeeping Guidelines set forth in I think everyone is aware that the ment may continue to operate effi- the joint explanatory statement of the com- Committee on Appropriations con- ciently and so that we can continue mittee of conference accompanying Con- tinues to work on the fiscal year 2004 our work to finish the balance of the ference Report 105–217, the provisions of sec- bills. The House, as a matter of fact, appropriations bills and the substantial tions 125 through 130, and section 134, of this has passed all of our appropriations request that we have for the $87 billion joint resolution that would change direct bills, we passed three conference re- war against terrorism. spending or receipts under section 252 of the ports, and we have two more bills in Balanced Budget and Emergency Deficit Mr. Speaker, I reserve the balance of Control Act of 1985 were they included in an conference with the other body as we my time. Act other than an appropriations Act shall speak today. Yesterday, we passed the Mr. OBEY. Mr. Speaker, I yield my- be treated as direct spending or receipts leg- conference reports for three very im- self 14 minutes. islation, as appropriate, under section 252 of portant appropriations bills: the De- Mr. Speaker, this continuing resolu- the Balanced Budget and Emergency Deficit fense Appropriations bill, the Home- tion will, I assume, be known as the Control Act of 1985, and by the Chairmen of land Security Appropriations bill, and Halloween appropriation bill for the the House and Senate Budget Committees, as the Legislative Branch Appropriations year 2003, because what it does is to ex- appropriate, under the Congressional Budget Act of 1974. bill that also included supplemental tend government activities until Octo- SEC. 133. Notwithstanding any other provi- appropriations for natural disasters ber 31 of this coming year. I am look- sion of this joint resolution, during fiscal and forest fires. ing around the floor, looking for the

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.001 H25PT1 H8912 CONGRESSIONAL RECORD — HOUSE September 25, 2003 chickens, and I do not see any. And I weight in order to get and pack all of Now, I would like to think that we am a little confused by that, because these obligations into a tiny overall would see a new sense of reality in the this is the day that the chickens come budget ceiling bag, and they cannot do coming months, but I do not think so; home to roost. I guess they are invis- it because they cannot repeal the basic and I go back to the conversation that ible, much like much of the truth is in laws of mathematics. I had years ago with Dick Bolling who the budget resolution that passed ear- So now we are here with only three served in this House, very distin- lier this year. But I think we need to of the 13 appropriation bills passed. guished career, and who wrote the understand how we got to this situa- Last year when this happened, our Budget Act under which the budget tion today. friends on the majority side of the aisle resolution comes to the floor every As of today, even though we are sup- blamed the other body because it was year. Dick Bolling told me the night posed to have all 13 appropriation bills under Democratic control. Well, this before he finalized his recommenda- passed by October 1, plus any year that is not the case. This year the tions that he had one hard choice to supplementals for that fiscal year, de- Republican Party has all the marbles. make. He said, ‘‘I do not know whether spite that fact, this House has passed They run the House, they run the Sen- we should set up the Committee on the only three of the 13 conference reports ate, they run the White House, and on Budget so that people who are on the that it would have to pass on appro- good days, they even run the Supreme Committee on the Budget are people priation bills in order to do its work. Court. And now what happened is that who represent the power centers in this Now, that is not the fault of the Com- they do not have anybody to blame institution, like the Committee on Ap- mittee on Appropriations; it certainly anymore. And the fact is, right now the propriations and the Committee on is not the fault of the gentleman from majority Republican Party is having a Ways and Means and the other commit- Florida. The problem is that we have a fight with itself and it cannot win the tees with direct spending authority. I budget process which has been stood on debate. So it is stuck. do not know whether we ought to re- its head. And so the gentleman from Florida quire that it be made up of people like The idea behind the original budget (Mr. YOUNG), who has done his job, I that or whether we ought to require resolution was that it was supposed to mean the gentleman from Florida (Mr. that it be made up of independent play- force all of the players in the Congress YOUNG) has been a loyal soldier, fol- ers appointed by the caucuses without to face reality. Instead, it has been lowed his marching orders, even respect to what committees they serve used increasingly each year by the though the orders produced turkey re- on.’’ He decided to do the latter. But House Republican leadership to assist sults. He is a good, loyal soldier, and he when he did, he said, ‘‘If the party lead- the House in avoiding reality and ig- has followed them; and so now he has ers do not take this process seriously noring reality. to come to the floor and say, ‘‘Folks, and if they do not use it to force re- What happens is this: the budget res- guess what, because the budget resolu- ality, then,’’ he said, ‘‘I will have made olution for the year is produced by a tion was not real, we have not been a bad mistake. ’’ committee that has absolutely no re- able to move these bills forward, and so And in fact, I think what has hap- sponsibility to implement it. The Com- we are stuck way behind on the cal- pened is that the majority party lead- mittee on the Budget produces unreal endar.’’ And that is not the whole ership has decided to use the budget numbers; they produce numbers that story. process, not as an instrument to force pretend that this Congress will spend In addition, yesterday we had a hear- Members of Congress to make hard less money than will actually wind up ing on the supplemental for Iraq. Now, choices but, rather, as an instrument being spent on discretionary appropria- we were told in March of this year by that facilitates the pretense that we tions. It pretends in the budget resolu- the wizard who ran OMB for the past 2 can have it all. And so we pretend that tion, as it did in April, that budget res- years, Mitch Daniels, we were told by we can provide $3 trillion-plus in tax olution pretended that we were going the resident wizard over there that cuts, even though we no longer have to meet the goals that many moderate Iraq was only going to cost the $60 bil- the surpluses that we had, that we were Republicans had in this House for spe- lion that the White House had already expecting when those tax cuts were cial education and for the No Child asked for in their first appropriation passed. Left Behind Act, for instance. And then and there would not be any more need We pretend we can fight a war in Iraq as soon as the budget resolution was for money for Iraq for this year. They and charge every single dime to our passed, then the Committee on Appro- were only off by $87 billion. So now we grandchildren, and we pretend that priations is given the responsibility to have got to come in and pass a supple- that war will not have a consequence deliver reality. And because the major- mental, even though the witnesses yes- in terms of denied opportunities for ity did not provide sufficient room in terday did not have a clue, or at least kids to get a decent education and de- the budget resolution for this House to they would not tell us if they did, nied opportunities for people without meet the promises that were laid out in about what it was going to cost us over health care to get some coverage. We the Republican budget resolution, then the next 5 years to carry out, not our pretend there are no consequences to the Committee on Appropriations is program, but their program in Iraq. the free-lunch budget that this place stuck with the job of being the bad guy So, very frankly, this Congress has has passed. Well, there are in the real messenger. no budget process at this point. The world, outside of this Chamber. And in truth is revealed to us on the install- this Chamber, probably the least con- 1030 b ment plan by the administration in sequential consequence is that we get So then poor RALPH REGULA, the terms of the cost of the effort for Iraq, stuck with having to pass a CR. chairman of the Subcommittee on and the truth is obscured as far as the Now, this is not the first time that Labor, Health and Human Services, domestic budget is concerned in order this has happened, but each year the Education and Related Agencies, has to to maintain the fiction that, even problem gets worse because each year come to the floor and say, ‘‘Sorry, boys though we have conducted a unilateral the Committee on Appropriations is and girls, we do not have enough room war, we can afford to continue to pro- asked to perform an act that is more in the resolution to do what we prom- vide $88,000 tax cuts to millionaires in and more impossible because the budg- ised we would do just 3 weeks ago.’’ So this country, and that is the biggest et resolution is less and less respon- we cannot fund special education the fiction of all. sible and real. And sooner or later we way we were going to fund it, and we So this bill is here trying to put a re- will come to the conclusion that the cannot keep our promises on title I or ality patch on an Alice in Wonderland only way to return credibility to this the No Child Left Behind Act, and the fairy tale which is what the budget res- House on the budget matter is to start list goes on and on and on. olution has been. And so I do not blame with a budget resolution that makes So because that budget resolution the press for not covering it. This is sense and is honest in the first place. starts out with an unrealistic set of too absurd a story to cover, and so we We have not done that in years; and numbers, then the next 6 months the are left here facing inevitability; and I will readily grant that in some years, House and the other body try to get a we have no choice but to pass this reso- when our party was in control, we did double hernia trying to lift enough lution today. not have budget resolutions that were

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.009 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8913 the finest in the world either. But none proposal, this resolution today con- cation, health care, and the environ- of them, none of them departed as tains a gimmick that can only be la- ment that were proposed in that budg- much from reality as the budget reso- beled ‘‘Enron accounting 1A’’ because et. lutions the last 3 years in this place; what this resolution does now is to And I would further recall for Mem- and so that is why we are here today, move that $2.2 billion back to fiscal bers, and unfortunately there are no not because the Committee on Appro- 2003. press here, but I recall that the chair- priations has not done its work, but be- So you have to play the shell game man of the Committee on the Budget cause the Committee on Appropria- when they are looking at what hap- (Mr. NUSSLE), sitting where the chair- tions is asked to perform an impossible pened in 2003, slip the money into the man of the Committee on Appropria- act. It is supposed to tell the truth in fiscal 2004 budget, and then when peo- tions now sits, railed for about 29 min- the context of a budget resolution ple take their eyes off 2003 and now utes about how awful the motion to in- which is a public lie; and that, no one focus on 2004, then you slip the same struct was and how Members ought to can do. money into 2003. Great gimmick. It vote against it. And then, lo and be- So I sympathize with the gentleman technically works, but if the SEC were hold, the majority leader came to the from Florida. I will support this resolu- supervising this, I think they would floor, spoke quietly to the gentleman tion because it is the only alternative have the same kind of questions about from Iowa (Mr. NUSSLE), and the vote we have, but the reasons we are here, our bookkeeping that we have had was called. indeed, do no great credit to this about Enron. Many Republicans rushed to the floor institution. So that is just one of the creative ac- to vote against that motion to in- Mr. Speaker, I reserve the balance of counting measures that the committee struct, and, lo and behold, as the min- my time. has been reduced to following. I see the utes went by, votes were changed. Lo Mr. YOUNG of Florida. Mr. Speaker, gentleman smiling. He knows what I and behold, as the minutes went by, I yield myself 1 minute. am talking about. the rhetoric of the gentleman from I want to thank the gentleman from Mr. Speaker, I yield 7 minutes to the Iowa (Mr. NUSSLE) was forgotten quick- Wisconsin (Mr. OBEY) for pointing out gentleman from Maryland (Mr. HOYER), ly when the reality of the votes and the that basically the Committee on Ap- the distinguished minority whip. necessity to report at home the con- propriations in the House has done its Mr. HOYER. Mr. Speaker, I thank sequences of those votes was realized job. There are other reasons that are the ranking member for yielding me by our Republican friends on the ma- beyond our control that require us to the time, and I agree with everything jority side. So they changed their have this CR. So I appreciate him he said; and I think the chairman votes; or if they had not voted, voted pointing that out. agrees with most of what he said. for the motion to instruct offered by As he speaks to the budget issue, I Usually when we discuss these issues, the gentleman from South Carolina want to defend the chairman and the almost invariably those of us on this (Mr. SPRATT). How ironic. ranking member and every member of side of the aisle rise and first say that And now the gentleman from Florida the Committee on the Budget, but I we do not hold responsible our chair- (Mr. YOUNG) is confronted with another would join the gentleman from Wis- man for the policies that are being pur- reality. Last year, we could not pass consin (Mr. OBEY) in not having very sued. It is his responsibility, however, appropriation bills. Eight of them were complimentary comments about the to practically try to carry out flawed passed not only after the fiscal year, product that eventually came to us as policies. He does so with a great deal of but after the Congress had adjourned. a budget resolution. It required consid- skill, with eminent fairness and with Why? Because the gentleman from erable creativity on the part of the grace for which all of us who serve on Florida (Mr. YOUNG) was forced to oper- Committee on Appropriations in order his committee are very thankful. ate within a context of a totally unre- to do what we had to do and still com- But, Mr. Speaker, the chairman of alistic budget. And what did the Re- ply with the budget; and the fact that the Committee on Appropriations is publicans say? They said, oh, it is Mr. we were able to conclude our 13 bills operating in the context of the most DASCHLE’s fault. It is the Senate’s early on is in no small part thanks to fiscally irresponsible policy that any fault. They have not adopted a budget. the cooperation that the gentleman administration and majority has fol- Well, now, they control the House, from Wisconsin (Mr. OBEY) and I had lowed in the history of this country. I they control the Senate, they control with each other as we proceeded pause for emphasis. The children of the administration, and as the gen- through some of these rocky paths, America, the grandchildren of America tleman from Wisconsin (Mr. OBEY) some of the very difficult differences are going to be called upon to pay the pointed out, on a good day, they con- that we had that we were able to fi- bill for this irresponsible policy. That trol the Supreme Court. I thought that nally work out. is what the ranking member meant was a good line and, unfortunately, Mr. Speaker, I reserve the balance of when he said that all of the dollars true at times as well. But the fact of my time. that are being requested to pursue a the matter is they control it all. And Mr. OBEY. Mr. Chairman, I yield my- policy that I supported in Iraq will be the lamentation that they put forward self 2 minutes. paid for by our children and grand- last year, the excuse that they put for- Mr. Chairman, the gentleman indi- children. ward last year, the rationalization cated that the budget resolution re- they pursued last year is not available quired a great degree of creativity. I b 1045 to them; not to the gentleman from would like to explain to the House An irresponsible policy. An unreal- Florida (Mr. YOUNG) but to the major- what one of those creative measures istic policy. ity leadership. has been. And I would recall for Members that And so we are confronted with, yes, Last year, in order to pretend that just a few months ago, when we adopt- having passed our bills, and I might the budget resolution provided ade- ed that budget resolution, of which the say some without a single Democratic quate funding for education, the com- gentleman from Wisconsin (Mr. OBEY) vote. As a matter of fact, one of the mittee provided what was known as spoke, we adopted it on a Thursday. No largest bills, one of the most important ‘‘advance funding’’ for education to the Democrats voted for it. Not one. We bills for education of our children, for tune of $2.2 billion. That meant that, then, on the Tuesday following that the health care of our families and citi- for Enron accounting purposes, that Thursday, had a motion made by the zens, not one Democrat voted for it. $2.2 billion, which was appropriated gentleman from South Carolina (Mr. Not because we are not for education last year, was not going to count until SPRATT), and that motion simply said and health care, but because we knew the next fiscal year, 2004; but now, that we instructed the conference not that bill was an unrealistic bill. guess what. Now we are at the end of to do what was in the budget; not to So we are confronted today with a fiscal 2003. So nobody is watching what cut veterans by $1.5 billion; not to cut resolution that the gentleman from happens to the deficit for 2003 anymore. housing, which is in short supply for Florida (Mr. YOUNG) is required to put So what happens instead is that now middle America; not to do many of the forward, and acting as he always does, we get a double reverse because this things that would have undercut edu- responsibly, he must put forward, and

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.010 H25PT1 H8914 CONGRESSIONAL RECORD — HOUSE September 25, 2003 which I am going to support, as the have 184,000 millionaires in the United its tax cuts. We are now facing $2 tril- gentleman from Wisconsin (Mr. OBEY) States who are going to get a tax cut of lion to $3 trillion in deficits over that is going to support. It is the alter- $93,000, and yet we cannot do anything same time frame. And on top of that, native we ought to pursue. about people who make between $10,500 we are going to have to pay for Iraq, I said the most fiscally irresponsible and $26,000 in terms of a child tax cred- which will add a whole lot more than administration. Why? Because after we it because we say we do not have the the $87 billion that we have been told adopt this budget or these appropria- money to do it. With 184,000 people get- about so far. tion bills, which will spend a lesser and ting $93,000 in a tax break, we have so And so in a rational world, one would lesser percentage of the gross domestic few getting so much. That is what we think that when conditions change to product of our country on discre- ought to be debating on the floor of that degree, assumptions would also tionary spending that we will make de- this House. change and conduct would change, and cisions about, we will have created This Congress is undermining the ca- we might reconsider some of our past over a $.5 trillion deficit in this single pacity and the obligation of govern- decisions. But that is evidently not year, more debt than we incurred in ment to provide key social support to going to occur, so we are still going to the first 90 percent of the days of this reflect the values and the issues and continue to pretend that we can afford Republic, and our children are going to the interests of the American people. these huge tax cuts that have been pay the bill. How tragic. How irrespon- From prescription drugs to education, passed out to high-income people in sible. from veterans health and housing pro- this country. We passed a bankruptcy bill in which grams, they are undermining the idea This Congress faces a very simple we made it harder to declare bank- that our society can act with a shared choice: What kind of country do we ruptcy, and each of us on the floor said sense of purpose, with a shared sense of want America to be? Are we satisfied we need to require personal responsi- responsibility to address the tasks that with the prospect of having a country bility of those who seek credit. If we are before our country. which in 10 years will have 50 million applied that same criteria to this ad- When we starve the government of people without health insurance, rath- ministration and to the Congress of the the resources to meet its public com- er than 40? Are we satisfied with the United States, we would fail. We are mitments, in essence, we then are say- pretensions that we provide equal op- not exercising personal responsibility. ing that government has no role to portunity for education, when in fact In this instance, we must pass this res- play. And while we know and we under- we do not? Are we satisfied with the olution, and I will vote for it, but I la- stand that government cannot play the meager enforcement that protects pri- ment the fact that it is passed in the sole role in people’s lives, I believe that vate pension systems and that protects context of the most irresponsible fiscal all Americans believe that we have, at and enforces honest accounting by cor- policy that I have ever seen and this the State and local and the Federal porations so that investors can know country has ever seen, and which is level, the obligation to assist people in what the rules of the game really are? disadvantaging our country and our a time of need to face the challenges Are we satisfied facing the long-term ability to invest in the future. that they have in their lives. shortfalls that will occur in Social Se- Mr. OBEY. Mr. Speaker, I yield 4 We cannot remove government from curity? minutes to the gentlewoman from Con- participating in the lives of the Amer- I am not satisfied with that prospect, necticut (Ms. DELAURO). ican people. We cannot undo our social and I do not think most Members of Ms. DELAURO. Mr. Speaker, I thank responsibility. We cannot let it happen. this institution are either. If that is the gentleman for yielding me this The American people deserve better. the case, we need to act like it, and we time, and I wish to associate myself And as we strive to finish the remain- need to have a reconsideration of what with the comments made by the gen- ing appropriation bills, we should re- the gentleman from Maryland (Mr. tleman from Wisconsin and the gen- member that this Congress, this House, HOYER) correctly calls the most colos- tleman from Maryland. the people’s House, has an obligation sally, fiscally irresponsible actions on Mr. Speaker, we have entered into a to promote the capacity of our country the part of any administration cer- new era of irresponsibility in govern- to act together on our shared values. tainly in my lifetime. ment, and this continuing resolution is That is what we were elected to do. representative of that. I understand Mr. OBEY. Mr. Speaker, I yield my- b 1100 the good work that went into trying to self 4 minutes. Mr. Speaker, having said that, I put this effort together, but as a Na- Mr. Speaker, the gentleman from would simply urge Members for the tion, we have very serious unmet Florida and I are personal friends. And time being to support this continuing needs: Health care, education, retire- I take some pride in the fact that al- resolution to give the Committee on ment security, and pension reform. though this institution has become in- Appropriations more time to perform Our States are laboring under the credibly political over the last 15 years, its impossible responsibilities, and in biggest fiscal crises that we have seen and although it has become incredibly hopes that eventually the majority since World War II. We have an econ- partisan, I take some pride in the fact leadership of this House will see the ne- omy that is faltering. Millions of work- that our friendship has withstood the cessity to reconsider some of its most ers are unemployed. We have nine mil- context in which that friendship oper- reckless fiscal actions. lion workers unemployed and 3.3 pri- ates every day. I think, frankly, that Mr. Speaker, I yield back the balance vate sector jobs gone in the last couple the unreal demands on the part of the of my time. of years. We have 41 million without power centers in this institution have Mr. YOUNG of Florida. Mr. Speaker, health insurance and an entire genera- put greater strains on our friendship I yield myself the balance of my time. tion on the cusp of retirement. than is the case with any other chair Mr. Speaker, I want to say that I ap- The people in charge have no plan to and ranking member in the House, and preciate more than I can say, the deal with these pressing needs, rather yet we remain good friends. Because I friendship that I enjoy with the gen- we have simply and systematically know that the gentleman is trying to tleman from Wisconsin (Mr. OBEY) and starved our capacity to do anything by do his duty, and I think he understands the strong spirit of cooperation, as the imposing incredibly irresponsible tax that I am trying to do mine, and I leadership of the Committee on Appro- cuts that benefit just a few wealthy in- think we genuinely like each other and priations, and also with the gentleman dividuals and special interests. respect each other. from Maryland (Mr. HOYER), as we We come to this piece in the process But he is given the job of bringing work together to meet our responsibil- where we say we have limited resources some of the saddest pieces of legisla- ities to the Congress and to the coun- in order to deal with these very serious tion to this floor of anyone in the try. The gentleman from Maryland and unmet needs, but the fact of the matter House, simply because he is denied the I have not only a friendship, but a mu- is we need to deal with the funda- resources to meet our responsibilities tual respect. mental question of why do we have so to the citizens we represent. We had $6 But, Mr. Speaker, I think it is fair to few resources? It is because so few in trillion in surpluses when the majority point out that we have political and our society are receiving so much. We party 2 years ago started passing out philosophical differences. There is no

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.038 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8915 doubt about that. That is basically why tember 11, 2001, a hijacked plane crash- for their prescription drugs while a prescription we have two parties, because one party es into rural Pennsylvania, and 44 lives drug plan awaits a final vote by Congress. believes one way and the other party were lost. A new Administration, a new Sensible and popular initiatives such as edu- believes another way on many issues. President as of September 11, and the cation reform, homeland security and afford- While our appropriations bills have re- words were harsh, the words were able housing continue to be either inad- ceived very large votes on the Repub- threatening; but there was more ac- equately addressed or drastically underfunded lican side as well as the Democratic tion. The attack was massive against by this leadership. side, as we prepared those bills, we the terrorist trainers and the terrorist Mr. Speaker, it is time for the Republican dealt with a lot of amendments in our supporters and the terrorist camps in leadership to wake up and put America’s prior- committee. Most of those amendments Afghanistan. Further, we sent nearly ities first. Our country’s working families are were to increase spending and to in- 200,000 American troops into Iraq to rid working hard everyday to strengthen this na- crease taxes. Our committee does not the world of a tyrant who supported tion and we should be working just as hard to have the jurisdiction to raise taxes, terrorist activities. support them. and we make that case when necessary There is a major difference. This Mr. YOUNG of Florida. Mr. Speaker, in the committee. President, George Bush, took action to I yield back the balance of my time. If we were to add up all of the amend- defend America. We have spent a lot of The SPEAKER pro tempore (Mr. ments offered by the minority party money since September 11, and that is LATOURETTE). All time for debate has alone in committee, the deficit would one of the reasons we have a larger def- expired. really be big. They believe we do not icit. But let me say this to those Mem- The joint resolution is considered spend enough money in many areas, bers who believe this money is nothing read for amendment and pursuant to and we believe that sometimes we more than a mortgage on the future of the order of the House of Wednesday, spend too much money. our children and future generations. I September 24, 2003, the previous ques- I want to say that I meet with my say it is different. I say what we are tion is ordered. leadership, with the Speaker of the doing to fight terrorism, wherever it The question is on the engrossment House and the majority leader, on a raises its ugly head, is to secure future and third reading of the joint resolu- very regular basis. In fact, they prob- generations, to guarantee that our tion. ably get tired of seeing me, but I would children and our grandchildren and fu- The joint resolution was ordered to say they are genuine in understanding ture generations do not have to worry be engrossed and read a third time, and their responsibility to the country. about being on a hijacked airplane or was read the third time. They are genuine and sincere in having having a building they are inhabiting The SPEAKER pro tempore. The a reasonable, responsible fiscal policy; being attacked by a bomber or a hi- question is on the passage of the joint and they are determined to allow the jacked airplane, or that future genera- resolution. American workers to keep as much of tions are going to be as secure as we The question was taken; and the their own money as they can without can make them, to be free from an- Speaker pro tempore announced that passing it on to the Congress. thrax, to be free from sarin gases, and the ayes appeared to have it. We are in an unusual time. We have to be free from nuclear exchanges. Mr. OBEY. Mr. Speaker, I object to a war going in Iraq and a war going in Mr. Speaker, that is what we are the vote on the ground that a quorum Afghanistan and to a lesser extent a doing today. We are spending consider- is not present and make the point of war going in many other parts of the able money to guarantee the future se- order that a quorum is not present. world against terrorists, against people curity and safety of Americans; and it The SPEAKER pro tempore. Evi- who are determined to do harm to the is better to do that at the source, be- dently a quorum is not present. American people and to our country. yond the United States boundaries, The Sergeant at Arms will notify ab- This did not just start on September than to do it here in the streets of sent Members. 11. On February 26, 1993, terrorists Washington, D.C. or to do it in the The vote was taken by electronic de- bombed the World Trade Center in New streets of New York or Pennsylvania or vice, and there were—yeas 407, nays 8, York. Six lives were lost. The response any one of our districts that could be a not voting 19, as follows: was some harsh words, but basically target. nothing else. I say this is the proper philosophy. [Roll No. 520] On June 25, 1996, Khobar Towers in This is the proper way to secure the fu- YEAS—407 Saudi Arabia which housed our United ture generations, to invest what we Abercrombie Boozman Collins States Air Force personnel was bombed Ackerman Boswell Conyers must today to eliminate the ability of Aderholt Boucher Cooper by terrorists. Nineteen American air- terrorists to threaten our future gen- Akin Boyd Costello men lost their lives. Again, there were erations, our children and our grand- Alexander Bradley (NH) Cox words but no action, no response; and children and our great grandchildren. Allen Brady (PA) Cramer Andrews Brady (TX) Crane the terrorists grew bolder because they Yes, Mr. Speaker, there are some Baca Brown (OH) Crenshaw believed if America was not going to philosophical differences, some polit- Bachus Brown (SC) Crowley fight back, they should continue. So ical differences among friends; but this Baird Brown, Corrine Cubin they did. is a brief statement of our position. I Baker Brown-Waite, Culberson Baldwin Ginny Cummings On August 7, 1998, terrorists bombed urge the passage of this continuing res- Ballance Burgess Cunningham American embassies in Kenya and Tan- olution. Ballenger Burns Davis (AL) zania, and 259 lives were lost. Well, we Ms. WOOLSEY. Mr. Speaker, I rise today to Barrett (SC) Burr Davis (CA) Bartlett (MD) Burton (IN) Davis (IL) took some action then. We fired a cou- share my disappointment that the Republican Barton (TX) Buyer Davis (TN) ple of cruise missiles into abandoned leadership must resort to this resolution to en- Bass Calvert Davis, Jo Ann terrorist training camps in Afghani- sure the continuity of our Nation’s vital pro- Beauprez Camp Davis, Tom stan. That was the extent of it. grams. Instead of staying here and finishing Becerra Cannon Deal (GA) Bell Cantor DeGette On October 12, 2000, the USS Cole, a the work that needs to be done, the Repub- Bereuter Capito DeLauro Navy warship, was bombed off the lican leadership continues to schedule short Berkley Capps DeLay shore of Yemen. Seventeen sailors lost workweeks. Everyday that they drag their feet Berman Capuano DeMint their lives, and many others were in- Berry Cardin Deutsch is another day our Nation’s working families Biggert Cardoza Diaz-Balart, L. jured; again, harsh words, but no ac- continue to struggle. Bilirakis Carson (IN) Diaz-Balart, M. tion. Our priorities should be passing a child tax Bishop (NY) Carson (OK) Dicks On September 11, 2001, under a new credit that extends to low-income families de- Bishop (UT) Carter Dingell Blackburn Case Doggett Administration, a new President, a hi- nied a break in the Republican tax package, Blumenauer Castle Dooley (CA) jacked plane crashed into the Pen- and, approving welfare reform that will not Blunt Chabot Doolittle tagon, and 189 lives were lost. Sep- only reduce welfare rolls but also reduce pov- Boehlert Chocola Doyle tember 11, 2001, hijacked planes crashed Boehner Clay Dreier erty. Bonilla Clyburn Dunn into the World Trade Center Towers, No person should go a day longer forced to Bonner Coble Ehlers and nearly 3,000 lives were lost. Sep- choose between paying their rent and paying Bono Cole Emanuel

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.020 H25PT1 H8916 CONGRESSIONAL RECORD — HOUSE September 25, 2003

Emerson LaHood Rangel Wolf Wu Young (AK) GENERAL LEAVE Engel Lampson Regula Woolsey Wynn Young (FL) Mr. TAUZIN. Mr. Speaker, I ask English Langevin Rehberg Etheridge Lantos Renzi NAYS—8 unanimous consent that all Members Evans Larsen (WA) Reynolds DeFazio Ford Royce may have 5 legislative days within Everett Latham Rodriguez Duncan Nussle Smith (MI) which to revise and extend their re- Farr LaTourette Rogers (AL) Flake Paul marks and to insert extraneous mate- Fattah Leach Rogers (KY) NOT VOTING—19 Feeney Lee Rogers (MI) rial on the bill. Ferguson Levin Rohrabacher Bishop (GA) Istook Reyes The SPEAKER pro tempore. Is there Filner Lewis (CA) Ros-Lehtinen Davis (FL) Kucinich Shays objection to the request of the gen- Fletcher Lewis (KY) Ross Delahunt Larson (CT) Towns Foley Linder tleman from Louisiana? Rothman Edwards Lewis (GA) Watt There was no objection. Forbes Lipinski Roybal-Allard Eshoo Marshall Weldon (PA) Fossella LoBiondo Ruppersberger Frost Oberstar Mr. TAUZIN. Mr. Speaker, I yield Frank (MA) Lofgren Rush Gephardt Pastor myself such time as I may consume. Franks (AZ) Lowey Ryan (OH) Mr. Speaker, welcome to Groundhog Frelinghuysen Lucas (KY) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ryan (WI) Gallegly Lucas (OK) Day, courtesy of a misguided court de- Ryun (KS) The SPEAKER pro tempore (Mr. Garrett (NJ) Lynch cision, soon to be overthrown, I be- Sabo LATOURETTE) (during the vote). Mem- Gerlach Majette Sanchez, Linda lieve, were we not acting today, but Gibbons Maloney bers are advised that there are 2 min- T. one that jeopardizes one of the most Gilchrest Manzullo utes remaining in this vote. Gillmor Markey Sanchez, Loretta consumer-friendly regulations ever to Gingrey Matheson Sanders b 1134 come out of Washington in a long time. Gonzalez Matsui Sandlin Just several months ago, President Goode McCarthy (MO) Saxton Mr. FRANKS of Arizona and Mr. Goodlatte McCarthy (NY) Schakowsky PEARCE changed their vote from Bush signed the Do-Not-Call Imple- Gordon McCollum Schiff ‘‘nay’’ to ‘‘yea.’’ mentation Act into law. That law au- Schrock Goss McCotter So the joint resolution was passed. thorized the funding of the Federal Granger McCrery Scott (GA) Trade Commission’s National Do-Not- Graves McDermott Scott (VA) The result of the vote was announced Green (TX) McGovern Sensenbrenner as above recorded. Call registry, a concept so embraced by Green (WI) McHugh Serrano A motion to reconsider was laid on consumers in America that 50 million Greenwood McInnis Sessions the table. Americans have now signed up to be on Grijalva McIntyre Shadegg that list since then. And, Mr. Speaker, Gutierrez McKeon Shaw f Gutknecht McNulty Sherman Congress passes a law, and an agency Hall Meehan Sherwood REMOVAL OF NAME OF MEMBER then implements it. Nothing wrong, Harman Meek (FL) Shimkus AS COSPONSOR OF H.R. 1078 right? Wrong. One can imagine our sur- Harris Meeks (NY) Shuster prise when we found out yesterday Hart Menendez Simmons Mr. KLINE. Mr. Speaker, I ask unan- morning that a Federal court in Okla- Hastings (FL) Mica Simpson imous consent to have my name re- Hastings (WA) Michaud homa, not California, Oklahoma, in- Skelton moved as a cosponsor of H.R. 1078. Hayes Millender- Slaughter validated the FTC’s do-not-call reg- The SPEAKER pro tempore (Mr. Hayworth McDonald Smith (NJ) istry. And even more surprising was Hefley Miller (FL) Smith (TX) LATOURETTE). Is there objection to the the judge’s basis for the decision. He Hensarling Miller (MI) Smith (WA) request of the gentleman from Min- Herger Miller (NC) found the FTC did not have the statu- Snyder nesota? Hill Miller, Gary Solis tory authority to create a national do- Hinchey Miller, George There was no objection. Souder not-call list. Hinojosa Mollohan Spratt Hobson Moore f Nothing could be further from the Stark Hoeffel Moran (KS) Stearns truth. As I mentioned in February of Hoekstra Moran (VA) RATIFYING AUTHORITY OF FTC TO Stenholm this year, Congress passed the Do-Not- Holden Murphy ESTABLISH A DO-NOT-CALL REG- Strickland Holt Murtha ISTRY Call Implementation Act. Obviously, Honda Musgrave Stupak Congress would not have funded some- Hooley (OR) Myrick Sullivan Mr. TAUZIN. Mr. Speaker, pursuant thing that it thought was unauthor- Hostettler Nadler Sweeney to the previous order of the House, I Houghton Napolitano Tancredo ized. Indeed, back in 1994, Congress Hoyer Neal (MA) Tanner call up the bill (H.R. 3161) to ratify the passed the Telemarketing Fraud and Hulshof Nethercutt Tauscher authority of the Federal Trade Com- Abuse Prevention Act, which gave the Hunter Neugebauer Tauzin mission to establish a do-not-call reg- FTC power to regulate abusive tele- Hyde Ney Taylor (MS) istry, and ask for its immediate consid- Inslee Northup Taylor (NC) marketing practices. Certainly, allow- Isakson Norwood Terry eration. ing consumers to sign up for a do-not- Israel Nunes Thomas The Clerk read the title of the bill. call list, to essentially opt out of an Issa Obey Thompson (CA) The text of H.R. 3161 is as follows: abusive telemarketing practice, is well Jackson (IL) Olver Thompson (MS) Jackson-Lee Ortiz Thornberry H.R. 3161 within the mandate given to the FTC. (TX) Osborne Tiahrt Be it enacted by the Senate and House of Rep- Make no mistake. The judge in this Janklow Ose Tiberi resentatives of the United States of America in case is dead wrong, and I am sure his Jefferson Otter Tierney Congress assembled, decision will, in turn, be overturned. In Jenkins Owens Toomey SECTION 1. NATIONAL DO-NOT-CALL REGISTRY. John Oxley Turner (OH) an abundance of caution, however, and Johnson (CT) Pallone Turner (TX) (a) AUTHORITY.—The Federal Trade Com- I make perfectly clear to any and all Johnson (IL) Pascrell Udall (CO) mission is authorized under section 3(a)(3)(A) who may have doubts, today we con- Johnson, E. B. Payne Udall (NM) of the Telemarketing and Consumer Fraud Johnson, Sam Pearce sider H.R. 3161. This bill specifically Upton and Abuse Prevention Act (15 U.S.C. Jones (NC) Pelosi Van Hollen authorizes the FTC to create a na- Jones (OH) Pence 6102(a)(3)(A)) to implement and enforce a na- Velazquez tional do-not-call list and explicitly Kanjorski Peterson (MN) tional do-not-call registry. Kaptur Peterson (PA) Visclosky (b) RATIFICATION.—The do-not-call registry ratifies the FTC’s actions over the past Keller Petri Vitter provision of the Telemarketing Sales Rule year to implement that list. We should Kelly Pickering Walden (OR) (16 C.F.R. 310.4(b)(1)(iii)), which was promul- probably call the bill ‘‘This Time We Kennedy (MN) Pitts Walsh Wamp gated by the Federal Trade Commission, ef- Really Mean It Act’’ to cure any myo- Kennedy (RI) Platts fective March 31, 2003, is ratified. Kildee Pombo Waters pia in the judicial branch. Kilpatrick Pomeroy Watson The SPEAKER pro tempore. Pursu- The bill leaves no doubt as to the in- Kind Porter Waxman ant to the order of the House, Wednes- tent of Congress. The FTC wants this King (IA) Portman Weiner King (NY) Price (NC) Weldon (FL) day, September 24, 2003, the gentleman list. The President of the United States Kingston Pryce (OH) Weller from Louisiana (Mr. TAUZIN) and the wants this list, and more importantly, Kirk Putnam Wexler gentleman from Michigan (Mr. DIN- 50 million Americans, who are growing Whitfield Kleczka Quinn GELL) each will control 30 minutes. impatient about being interrupted at Kline Radanovich Wicker Knollenberg Rahall Wilson (NM) The Chair recognizes the gentleman mealtime by unwanted and unneces- Kolbe Ramstad Wilson (SC) from Louisiana (Mr. TAUZIN). sary harassing telemarketing calls,

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.002 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8917 want this list. And this Congress is bill was passed by both Chambers by an phone calls, usually at some important going to make sure they have this list overwhelming majority. It provided moment. I can remember earlier this today. necessary funding so that the do-not- summer, I was finally home from a Every consumer should have the call list could go into effect on time. It long day, and my wife and kids are right to choose whom they want to also was said in the hearings by the ready to go with their friends down to talk to. We allow consumers to opt out Federal Trade Commission that no ad- Lake Michigan, my dog is wagging his of junk mail. All they have to do is go ditional authority was needed by that tail. That is one of the words that he down to the post office and tell the body to issue this do-not-call list. knows, ‘‘beach.’’ He is so excited. The Postal Service they do not want junk Well, the telemarketers are back. De- phone rings. It is a solicitation call mail coming to their house, and it does spite our previous efforts, an erroneous from a good group, I am sure. My wife not come. They can choose not to an- decision made in Oklahoma agreed has it down pat. Do you know what she swer a knock at the door. They can de- with the Direct Marketing Association does? ‘‘It is for you.’’ I get to the cide who enters their house and who that we did not give the Federal Trade phone, and I have got to make sure communicates with them there. Con- Commission authority to create the they are not from our district, and sumers ought to have the power to say list. That decision was in remarkable then with that, that phone call is gone. ‘‘no’’ to unwelcomed and unwanted error, and we are today going to over- Mr. Speaker, 50 million folks like our telemarketing calls. Families ought to rule it. house have called the FTC. When you have the right to enjoy a little time to- Last night I, once again, in concert look at it, that is 50 percent of Amer- gether at the end of a day and no with my distinguished friend and the ica. We have about 100 million house- longer come home to find their answer- chairman of the Committee on Energy holds, so 50 million households have ing machines jam filled with tele- and Commerce, introduced legislation said hang up. We do not want this. And, marketing calls. to settle this question for good and all. yet, Judge Lee R. West, I cannot say a Worst of all, they get that call and That legislation is now before us. It un- good guy, a guy out in Oklahoma, has answer it, and there is nobody there. equivocally states that the FTC is au- said no. These new devices that rotary dial thorized to create and to enforce a na- This legislation changes it. We are three, four, five, maybe 20 people at a tional do-not-call registry, and it offi- going to get it done. Let us all vote for time and the first one who answers, cially ratifies the existing list. this bill. they hang up on all the rest, those are I commend and congratulate my b 1145 the worst to me. Americans are signing friend, the gentleman from Louisiana Mr. MARKEY. Mr. Speaker, I yield 2 up to end that kind of abusive practice, (Mr. TAUZIN), the chairman, for his minutes to the gentleman from Penn- splendid work on this matter. I urge and we need to give the FTC clear au- sylvania (Mr. DOYLE). thority. my colleagues to vote for that legisla- Mr. DOYLE. Mr. Speaker, we had a I want to thank the gentleman from tion. very unfortunate ruling in Oklahoma Michigan (Mr. DINGELL), the ranking The registry is scheduled to go into City, one that we are going to undo Democrat on our committee and the effect in less than one week. And we today. dean of our House, because he and I are here to make sure that it stays on This reminds me a lot about back in have promised to do everything in our schedule. I encourage my colleagues in the days before I was in Congress. I was power to make sure that the do-not- both Chambers to pass this legislation in the insurance business, and we used call list becomes a reality, and he is swiftly. And I hope the President will to do a lot of cold calling to make in- here with me today to make sure we heed the call of consumers and sign surance calls. They always told us as pass this bill. this legislation into law. they were training us that you had to Less than 1 week from today, on Oc- Mr. Speaker, 50 million Americans get nine noes in order to get a yes; but tober 1, 2003, we hope to give Ameri- cannot be wrong. They want this legis- if you kept calling, that every time a cans access to precisely what they have lation, they deserve no less. I urge my person said no to you, not to lose faith, been asking for, a national do-not-call colleagues to enact the legislation. because you were one step closer to the list, and today we are effectively hang- Mr. Speaker, I yield the balance of yes. ing up on the telemarketers who have my time to the distinguished gen- So today we are doing a tremendous been bothering me at that precious tleman from Massachusetts (Mr. MAR- favor for the telemarketers in Amer- hour of the day. KEY), and I ask unanimous consent ica, something that I wish they had Mr. TAUZIN. Mr. Speaker, I reserve that he may be permitted to yield time done for me when I first started in the the balance of my time. on behalf of this side of the aisle. He insurance business. We are giving them Mr. DINGELL. Mr. Speaker, I yield has had much experience with this and the list of the noes up front, so they do myself 3 minutes. has been a great leader in the matter. not have to make these nine calls to (Mr. DINGELL asked and was given The SPEAKER pro tempore (Mr. get a yes. We are telling them up front permission to revise and extend his re- SIMPSON). Without objection, the gen- the people that do not want to talk to marks.) tleman from Massachusetts will con- them, and now all they have to do is Mr. DINGELL. Mr. Speaker, un- trol the time of the gentleman from call the people that want to hear from wanted telemarketing calls are less Michigan. them, that want to buy their products. popular than a skunk at a church pic- There was no objection. I think it is a wonderful thing which nic, and they are more persistent and Mr. TAUZIN. Mr. Speaker, I am we do today for the telemarketers, and obnoxious than athlete’s foot. Today pleased to yield 3 minutes to the dis- it is a wonderful thing we do for the 50 we are going to bring them under con- tinguished gentleman from Michigan million Americans that do not want to trol at the request of the American (Mr. UPTON). have to pick up that phone at dinner- people. Mr. UPTON. Mr. Speaker, I rise in time. In 1994 this body passed the Tele- strong support of this legislation that Mr. MARKEY. Mr. Speaker, I want to marketing Act to protect consumer fixes Judge Lee R. West’s decision of associate myself with the excellent privacy and to curb abusive and abra- earlier this week. I have the phone comments and argument of the gen- sive telemarketing. Through that law, number for Judge Lee R. West. I tleman from Pennsylvania. the Federal Trade Commission created thought maybe the 50 million folks Mr. Speaker, I yield for the purpose a national do-not-call registry, and that have decided to call the FTC and of making a unanimous consent re- over 50 million American consumers say enough is enough, maybe we ought quest to the gentleman from Indiana have registered their numbers on that to pass on this phone number to his of- (Mr. BUYER). list. They do not want to be called. fice in Oklahoma. I do not know that (Mr. BUYER asked and was given Earlier this year, I introduced the they would get anything done for the permission to revise and extend his re- Do-Not-Call Implementation Act with next couple of weeks. marks, and include extraneous mate- my dear friend and colleague, the gen- Mr. Speaker, I rise in strong support. rial.) tleman from Louisiana (Mr. TAUZIN), And I do not know of a family out Mr. BUYER. Mr. Speaker, yesterday, the the chairman of the committee. That there that has not received these awful U.S. District Court for the Western District of

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 9920 E:\CR\FM\K25SE7.025 H25PT1 H8918 CONGRESSIONAL RECORD — HOUSE September 25, 2003 Oklahoma ruled that the Federal Trade Com- Mr. MARKEY. Mr. Speaker, I yield 2 Over the years through my Know- mission did not have the authority to create a minutes to the gentlewoman from Illi- Your-Caller Act, I have worked with national ‘‘do-not-call’’ registry. nois (Ms. SCHAKOWSKY), the ranking the gentleman from Louisiana (Mr. While the Court can and did make legal ar- member on the Committee on Energy TAUZIN) and the FTC to bring con- guments to support its ruling, what it cannot and Commerce Subcommittee on Com- sumers greater protection from the and should not deny is the will of the people. merce, Trade, and Consumer Protec- many unwanted annoying calls that And the will of the people when it comes to a tion, which has jurisdiction over the telemarketers placed at all hours of national ‘‘do not call list’’ is strong and vigilant. Federal Trade Commission. the day and night, seven days a week. Since June, when the registry was first Ms. SCHAKOWSKY. Mr. Speaker, I These calls are an invasion of privacy, opened, over 50 million phone numbers have thank the gentleman for yielding me not to mention that many of these been submitted to the FTC registry. People time, but, more importantly, today I callers are unscrupulous and prey on are simply fed up with telemarketers inter- thank him for his nearly decade-long older American senior citizens. rupting their meals by offering vacations or leadership on this issue. The FTC, Congress, and the Amer- more credit cards. Mr. Speaker, I rise in strong support ican consumers have got it right, and In my home state of Indiana, almost 1.5 mil- of this bipartisan legislation. I want to this district court has got it com- lion phones are registered for the Telephone thank the gentleman from Louisiana pletely wrong. This is the most incor- Privacy program. That represents almost 58 (Chairman TAUZIN) and the full com- rect and outrageous ruling I have seen percent of our state, meaning that 3.5 million mittee ranking Democratic Member, in a long time. It is a direct shot at Hoosiers have chosen to reduce unwanted the gentleman from Michigan (Mr. DIN- every consumer. Millions of them have telemarketing calls. A survey in Indiana found GELL), for their outstanding leadership registered to get their names on the that those on the Indiana Telephone Privacy in quickly advancing this pro-con- list, who receive these annoying calls list had their calls reduced from an average of sumer legislation. during dinner with their families, in twelve per week to only one per week. Indi- Yesterday’s decision by the Federal the middle of the night, and then again ana’s Telephone Privacy law works. District Judge blocking the FTC from early in the morning. One important feature of the Indiana law is implementing its national do-not-call Mr. Speaker, I support this bill, and that it contains very few exemptions. In fact, registry was, I believe, incorrect. Ear- commend the chairman for his leader- Indiana’s law has fewer exemptions than the lier this session we passed the National ship and quick action. FCC and FTC rules. Do-Not-Call Implementation Act with Mr. MARKEY. Mr. Speaker, I yield 2 While we have permitted these agencies to overwhelming bipartisan support. The minutes to the gentleman from New provide more exemptions on the Federal level, new law explicitly gave the FTC the York (Mr. ENGEL). it must be made clear that Congress does not authority to collect fees and create a Mr. ENGEL. Mr. Speaker, I thank my intend to interfere with statutes, like Indiana’s, national do-not-call list. friend for yielding me time. that choose to tighten these loopholes. In- I am actually confident that the As a member of the Committee on deed, efforts like Indiana’s that inspired the court’s decision would have eventually Energy and Commerce and as a cospon- Federal ‘‘do not call’’ program, demonstrate been overturned on appeal. But, fortu- sor of this bill, I really want to thank the critical role that States can play in achiev- nately, we are not waiting for that the judge. We ought to have more court ing creative solutions to serious problems. process to occur. Today we are remov- rulings like this, because I have never Such efforts should not be discouraged. ing any uncertainty about Congress’ seen one that brings this Congress clos- It is my understanding that Congress has no intent. With the passage of this legisla- er together the whole year. This has intention of preempting State laws that provide tion, the Federal Trade Commission often been a contentious Congress that protections greater than those provided by our will be able to add more people to their clashes on issues. Here everyone Federal ‘‘do not call’’ program. Furthermore, I list, and they will be able to implement agrees. I want to thank the judge for also understand that Congress has no inten- its do-not-call registry without inter- making us all love each other. tion of permitting the FCC or FTC to preempt, ruption or delay. We do it because 50 million Ameri- by regulation or otherwise, State statutes that Mr. Speaker, we all appreciate the cans have signed up to not be bothered provide greater protections than the Federal very precious time that we have at by telemarketers. That is a phe- ‘‘Do Not Call’’ program provides. home with our families after a long day nomenal amount of people in a very The FCC and FTC should be reminded that at work, but who has not been inter- short time. So if there was ever an the mandate from Congress is create a ‘‘do rupted by an unwanted telemarketer? issue on which everyone agrees, this is not call’’ program that provides a nationwide We all know from personal experience the issue. minimum standard of protection for all Ameri- how intrusive these calls can be. Everyone has been bothered at the cans. States that choose to exceed that stand- I think it is important to note that it dinner table with these annoying calls. ard should in no way be prohibited from doing will not block the calls from companies This morning as I was leaving to come so. with whom you already do business. I here to the Capitol, the phone rang. I I am pleased by the swift action of the received a telemarketing call from a picked it up, and there it was, another Chairman and Ranking Member of the Energy credit card company offering me a deal telemarketer asking kind of sneaky and Commerce Committee. H.R. 3161 will that could lower my rate, et cetera. I questions, intrusive questions, trying allow the will of the people to prevail in light was happy to get that call, and we ac- to get you to give them some informa- of the judicial interference from yesterday. tually made that change. Those calls tion in a very sneaky way. People are Mr. TAUZIN. Mr. Speaker, I yield will be able to continue. just fed up with it. myself 1 minute. But we all know the calls. My last There are no first amendment rights Mr. Speaker, let me again emphasize name is ‘‘Schakowsky.’’ My key is here. All of the things that have been this is extraordinary. The court deci- when they say, ‘‘Is Mrs. Schakowsky said about why this law should be sion came out yesterday. The leader- home,’’ or all kinds of funny names, I blocked are ridiculous. Again, in all my ship of this House authorized this bill just say ‘‘no,’’ and hang up. We all have years in Congress, I have hardly ever to the floor today. We are about to pass our strategies for dealing with those. seen anything with which everyone this bill, I believe the Senate is about Mr. Speaker, I urge all of my col- agrees. to do the same thing, and, in all likeli- leagues to support this pro-consumer So, again, I want to thank the judge hood, we will have a bill on the Presi- legislation. for bringing us together. I rise in dent’s desk this afternoon. Mr. TAUZIN. Mr. Speaker, I am strong support of the legislation, and This Congress has often been called a pleased to yield 2 minutes to the senior as a cosponsor, I commend the chair- slow and cumbersome beast, but I gentleman from New Jersey, (Mr. man of our committee, the gentleman think you can see how fast this Con- FRELINGHUYSEN). from Louisiana (Mr. TAUZIN), and the gress is prepared to move when 50 mil- Mr. FRELINGHUYSEN. Mr. Speaker, ranking member, the gentleman from lion Americans are angry, and I cannot I rise today as a cosponsor and strong Michigan (Mr. DINGELL). That is why imagine more anger now, when 50 mil- supporter of the chairman from Louisi- this is such a great committee; we all lion Americans found out the national ana’s bill and commend him for taking agree on so many important things. do-not-call list was put in jeopardy by swift action against the ruling of the Mr. TAUZIN. Mr. Speaker, I yield a single judge in Oklahoma somewhere. District Court in Oklahoma City. myself such time as I may consume to

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.005 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8919 do something very unusual on the complaining Americans demanding from Louisiana (Chairman TAUZIN). House floor. As the gentleman from that this decision be reversed. So we Again, I want to commend the chair- Massachusetts (Mr. MARKEY) knows, are doing the judge a big favor today. man for his alacrity in bringing this every now and then, we are accused of We are saving him from the same head- bill to the floor so soon after the court voting for bills we have not totally ache that tens of millions of Americans decision. He and the gentleman from read. I am going to read the whole bill. feel that they are subjected to on a Michigan (Mr. DINGELL) and all of the I want all the judges of America to daily basis by the phone calls that Members who worked on this and the pay close attention. I want you to tune come into their homes on an unwanted staff who worked on this overnight de- in good. Turn up the volume a little bit basis. serve an enormous amount of credit. and turn off your telephone and listen What is our purpose? The gentleman Finally, I want to commend FTC real carefully, because I am going to from Louisiana, the gentleman from Chairman Timothy Muris for his pro- read the whole bill to you. Every judge Michigan, all the Members of Congress, consumer action in creating the Fed- in America, here it comes: all we are trying to do is to make the eral Trade Commission do-not-call ‘‘(a) AUTHORITY. The Federal Trade Direct Marketing Association, these rules. This do-not-call database will be Commission is authorized under sec- telemarketers, more efficient. How ef- a powerful new tool for consumers to tion 3(a)3(A) of the Telemarketing and ficient is it to know exactly who is re- combat unwanted telemarketing intru- Consumer Fraud and Abuse Prevention ceptive to your hundreds of calls a year sions. It is a landmark day in the his- Act (15 U.S.C. 6102(A)(3)(A)) to imple- than for us to put together a list for tory of consumer legislation in our ment and enforce a national do-not- you of all of the people in America who country. Tim Muris deserves a lot of call registry.’’ want to get these calls? credit, the rest of the FTC, the gen- Do you hear me? To implement and Now, I do not happen to be one of tleman from Louisiana (Chairman TAU- enforce a do-not-call registry. them. I actually signed up at 12:01 a.m. ZIN), the gentleman from Michigan (Mr. ‘‘(b) RATIFICATION. The do-not-call on the first day that it was available to DINGELL), and all of the other Mem- registry provision of the Tele- end these calls coming in to my own bers. marketing Sales Rule, (16 C.F.R. home, personally, and I threw my cell Mr. Speaker, I reserve the balance of 310.4(b)(1)(iii)), which was promulgated phone in as well. Those 50 million other my time. Mr. TAUZIN. Mr. Speaker, let me by the Federal Trade Commission, ef- phone numbers that are on that list, I thank my friend from Massachusetts fective March 31, 2003, is ratified.’’ was trying to be number one in that for his compliments and, most impor- Did you hear me, judges? Ratified. land speed race to end it once and for tantly, for his extraordinary long- When this bill passes today, when the all. standing support for actions to protect Senate does the same thing, none of What we have got now on our hands consumers in America, and this is just you judges ought to have any doubt. is, in my opinion, a very efficient tele- We really mean it, do you understand? one more step in that direction. marketing industry, one which can Mr. Speaker, I yield 3 minutes to the We really mean it. We want the na- now use their huckster sales pitch to gentleman from Oregon (Mr. WALDEN), tional do-not-call list to become law on address just those Americans who kind a distinguished member of our com- October 1. of enjoy having people call them at all Mr. Speaker, I reserve the balance of mittee. hours of the day, and we know there Mr. WALDEN of Oregon. Mr. Speak- my time. are people out there that really do like er, as a cosponsor of H.R. 3161, I stand Mr. MARKEY. Mr. Speaker, I yield it. here today to express my strong oppo- myself such time as I may consume. If a salesman comes to your front sition to yesterday’s decision by the Mr. Speaker, I rise in strong support door and knocks on the front door, you U.S. District Court in Oklahoma. for this bill, and I rise in strong com- do not have to answer. That is your As of September of this year, 16 per- mendation for the chairman of the way of dealing with them. But if some- cent of all Oregonians, that is 541,117 Committee on Energy and Commerce, one calls you on the phone, that phone citizens, have made the decision to be the gentleman from Louisiana (Mr. just keeps ringing until you have to on the do-not-call list; 16 percent. TAUZIN) and for our ranking member, answer it. That is the difference be- These citizens have expressed their the gentleman from Michigan (Mr. DIN- tween a door-to-door salesman and rights to uninterrupted free speech at GELL). someone who calls you on the phone. the dinner table and the breakfast The gentleman from Louisiana (Mr. That person can ruin your supper, can table and the lunch table, and the mid- TAUZIN) has brought this bill out at ruin your day. So this do-not-call data- dle of the night. such a rapid pace that I believe that base proposal is a winner for the mil- Earlier this year, I received a call this legislation has set the Congres- lions of consumers who are plagued by from Mr. Chad De Gennaro of Grants sional land speed record for legislating those unsolicited commercial tele- Pass, Oregon, that best summarizes the in the aftermath of a terrible Okla- marketing calls. frustration that I think all of us have homa court decision, and I want to The bill which we consider today per- felt after getting these unsolicited congratulate the gentleman from Lou- mits the FTC to proceed on a timely phone calls in our homes when we did isiana. I think this record, like Roger basis, so that by October 1, consumers not want them. Chad said, ‘‘As only Bannister’s breaking of the four- can begin to see a reduction in un- one person, I cannot single-handedly minute mile, will be viewed as a land- wanted telemarketing calls. defend myself against telemarketing mark for all future legislation in the Having first proposed a national do- companies with banks of telephones history of our country. not-call database registry in legisla- and hundreds of phone solicitors. No This legislation got to the House tion that the Congress successfully en- matter how many times I say that I do floor faster than a consumer can hang acted in 1991, I believe its implementa- not want to be called again, sure up on a telemarketer at dinner time. I tion is action that is long overdue. enough, I wind up getting called again, mean, the gentleman just did a phe- Consumers across the country have and at all times of the day.’’ nomenal job in ensuring that we are clearly voted in favor of signing up for Mr. Speaker, 541,117 Oregonians able to protect the American people, the database, indicating by the mil- looked to the Federal Government, to because we need this bill in order to en- lions that they want an effective ‘‘no us, to protect them from these unsolic- sure that by Christmastime, the only soliciting’’ sign on their home phone or ited phone calls and trusted that this ringing bells consumers will hear are cell phone. list would allow them some peace and jingle bells and sleigh bells, not the quiet in their homes. That is what the jangling phone ruining people’s family b 1200 FTC’s list would have provided on Oc- holidays. They want this national database to tober 1. Now, if we do not pass this legisla- help to bring a halt to the seemingly Here in Congress, we understood from tion, the judge in Oklahoma will have nightly ritual of phone calls, inter- the FTC that they had the authority to to put his own courthouse phone num- rupting dinner or precious family time. prepare and implement this list. The ber on a do-not-call list, because he I am pleased to be an original cospon- FTC believed they had the right to cre- will have millions of phone calls from sor of this bill with the gentleman ate this list; and more importantly, the

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.029 H25PT1 H8920 CONGRESSIONAL RECORD — HOUSE September 25, 2003 citizens of Oregon and across America Michigan (Mr. DINGELL) for their ex- Mr. INSLEE. Mr. Speaker, I want to knew and believed that the FTC was traordinary bipartisan cooperation in commend the chair for his rapidity in going to protect them by implementing moving this as rapidly as we have. It is bringing this to the floor. I just want this list and this legislation. Only the the sort of cooperation we always seem to say there is total bipartisan agree- U.S. District Court of Oklahoma to get from our members on both sides ment that Americans are sick and tired thought otherwise. of the aisle on the Committee on En- of having their dinners interrupted by Mr. Speaker, I join my chairman and ergy and Commerce when we have a these calls, and today that is going to my colleagues on both sides of the aisle problem that clearly faces our country stop. today in support of this legislation. I that is neither Democrat nor Repub- I just want to answer the people who appreciate the quick action of our lican, but is American. This is an have raised freedom-of-speech issues chairman, the gentleman from Lou- American problem, and we are solving here, which I do not believe apply to isiana (Mr. TAUZIN), in moving this bill it as Americans in this House, and that this, because there is also a freedom forward so that we can protect our- is always a proud moment in this not to listen. What we are saying today selves from calls we do not want com- House when that occurs. I want to is Americans have the right not to lis- ing into our phones and into our thank my colleagues for all of the ten to these telemarketing calls. This homes. courtesies and the help that we have is in the finest tradition of the Con- Mr. MARKEY. Mr. Speaker, I have no gotten in moving this legislation for- stitution which said we, the people, in other requests for time to speak on ward. order to assure the common defense this important bill, so I will continue The gentleman from Massachusetts and assure domestic tranquility, and to reserve my time. (Mr. MARKEY) was correct in compli- we are standing up for domestic tran- Mr. TAUZIN. Mr. Speaker, I am menting the chairman of the FTC, Mr. quility today. This is a good day to do pleased to yield 2 minutes to the dis- Muris. I want to also join in that com- it. tinguished gentleman from Illinois pliment. The Federal Trade Commis- Mr. TAUZIN. Mr. Speaker, reclaim- (Mr. KIRK). sion, as the gentleman knows, took on ing my time, I thank the gentleman for Mr. KIRK. Mr. Speaker, I thank the what the FCC would not take on. We those comments. In fact, we have been chairman for yielding me this time, had originally given this authority to asked so many times, is this a free- and I applaud his stunningly quick ac- the Federal Communications Commis- speech issue. The United States Con- tion with alacrity to speak on behalf of sion which declined to put together a stitution gives you the right to speak; the elected representatives of the national do-not-call list. Mr. Muris and it does not give you the right to be American people on this subject. the Federal Trade Commission decided heard. None of us have an obligation to Mr. Speaker, one unelected Federal to go forward with it with our help. So listen if we do not want to. As a cour- judge in Oklahoma took it upon him- we authorized the money for them to tesy, we listen to one another in this self to strike down a law passed by proceed with the list. Only this judge House, hopefully we do, but nobody has Congress, actioned by the executive seems to want to stand in the way of it, an obligation to listen. The fact that branch, and two appropriations acts, and this Congress now makes it very Americans have the right not to be and the action of 40 million Americans clear today that we want to give Amer- bothered by some speech they do not to sign a do-not-call registry. Never in icans this right. want to listen to is a right we ought to history has so much been screwed up I want to make a public apology. protect too. That is what we do today. by such a small number of people: one These harassing phone calls that come Mr. UPTON. Mr. Speaker, will the judge. to us in the middle of the precious time gentleman yield? Protecting telemarketers under the we have with our family have gotten to Mr. TAUZIN. I yield to the gen- first amendment is like protecting the a point of, I know, such aggravation tleman from Michigan. classroom bully who insists that it is that some of us react very badly to a his first amendment right to harass all call we get at a most inappropriate mo- Mr. UPTON. Mr. Speaker, I just want of the other children in class. I think ment, and sometimes we are pretty to ask the chairman if, after he hung the judge in this case has wondered if ugly to a telemarketer who is both- up on that Ambassador’s wife, if he the Congress has been clear in this ering us or interrupting us. I hung up still got the pocket fisherman or the case. Well, Congress is going to be blis- on the Ambassador’s wife from Norway ginsu knife, if they still might have teringly clear; and we are going to fol- one day, thinking she was a tele- sent that along. low this up, if this bill does not pass marketer. She belongs to an inter- Mr. TAUZIN. Mr. Speaker, reclaim- the Senate quickly, with appropria- national club with my wife, and we had ing my time, I can only tell the gen- tions action to make sure that in this to make great apologies afterwards be- tleman it was an embarrassing moment Congress, in this year, we keep the do- cause I thought I was being harassed by and, again, I apologize to both of them. not-call registry online, that we do not a telemarketer. Those sorts of things But the gentleman knows we have force any other Americans to rereg- ought not happen in America. We heard this bill in committee, and he ister, that we keep those who signed up ought not be caught in these awful cir- knows how absolutely aggravated peo- on the list, and that we protect that sa- cumstances where we are so aggravated ple get with these calls. They seem to cred zone of privacy in Americans’ that we are impolite to someone as im- come at the worst moment. When you homes so that they can have dinner portant as an Ambassador’s wife who are just leaving the house, you are try- with their wives and kids and not be was trying to make a call to my wife, ing to get everything in the car and the harassed by these calls. and I apologize both to my wife and to phone rings, it could be your mother Mr. Speaker, I applaud the ranking her again publicly for my impatience. calling, your daughter, your son, some- member and the chairman for this But Americans are impatient, and body important; and you rush back in quick action, and I urge rapid adoption they are tired of this kind of problem, and it is one of these doggone calls. of this legislation. and they want it fixed; and this legisla- They always come at the exact wrong Mr. MARKEY. Mr. Speaker, with tion will fix it today. We have heard moment. I am not saying tele- compliments to the gentleman from some of the passion on this floor. The marketers are bad people. There are Louisiana (Chairman TAUZIN) and to passion that we feel about this issue is many good telemarketing firms, and the gentleman from Michigan (Rank- the passion that Americans feel about for folks who want to receive these ing Member DINGELL), and to all of the this issue. When 50 million Americans calls and take advantage of them, they Members who worked on this legisla- sign up as fast as they have, that tells will have that right under the bill. But tion, I yield back the balance of my us how passionately Americans feel it is just going to end the ones we do time. about a national do-not-call list, and it not want, the ones that aggravate us to Mr. TAUZIN. Mr. Speaker, I yield is time to be implemented. the point where we do something as myself such time as I may consume. Mr. INSLEE. Mr. Speaker, will the stupid as I did, for which I have apolo- In summation, let me again thank gentleman yield? gized today a few times. the gentleman from Massachusetts Mr. TAUZIN. I yield to the gen- Mr. HOLT. Mr. Speaker, the Do-Not-Call (Mr. MARKEY) and the gentleman from tleman from Washington. Registry was crafted as a balance between

VerDate jul 14 2003 23:36 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K25SE7.031 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8921 the rights of businesses to market their prod- ing forward to getting some relief from tele- [Roll No. 521] ucts and the right of consumers to avoid un- marketers. YEAS—412 necessary harassment. Today, due to a judi- I am somewhat amazed by the decision of Abercrombie DeLauro John cial decision, we are back here on the House the court, given that Congress clearly ex- Ackerman DeLay Johnson (CT) floor to reaffirm the validity of the registry. pressed its intent to provide the FTC with the Aderholt DeMint Johnson (IL) Akin Deutsch Johnson, E. B. Telemarketers have, like everyone else in authority to implement the list by passing the Alexander Diaz-Balart, L. Johnson, Sam this country, the right to free speech. They Do Not Call Implementation Act. Allen Diaz-Balart, M. Jones (NC) have the right to say what they want. What I do not know how much more clear we Andrews Dicks Kanjorski could have been—we gave the agency fund- Baca Dingell Kaptur they don’t have is the right to force Americans Bachus Doggett Keller to listen to their sales pitches. ing to set up the list, but yet the court man- Baird Dooley (CA) Kelly Americans, on the other hand, should have aged to find that no authority existed from Baker Doolittle Kennedy (MN) the right to a little peace and quiet. They Congress. Baldwin Doyle Kennedy (RI) This bill will make things clear, and I am Ballance Dreier Kildee should have the right to not have to get un- Ballenger Duncan Kilpatrick wanted advertising pitches over the phone pleased at this quick response to the ruling. I Barrett (SC) Dunn Kind during dinnertime. am a cosponsor of this bill and look forward to Bartlett (MD) Edwards King (IA) Telemarketers already have the tools they its quick passage. Barton (TX) Ehlers King (NY) Bass Emanuel Kingston need to exercise their right to free speech— Mr. GREEN of Texas. Mr. Speaker, I rise today in support of this legislation to clarify Beauprez Emerson Kirk they have autodialing computers, prerecorded Becerra Engel Kleczka messages, phone registries, and legions of that Congress specifically authorizes the Fed- Bell English Kline eral Trade Commission to establish a Do Not Bereuter Eshoo Knollenberg operators. In creating the Do-Not-Call Reg- Berkley Etheridge Kolbe istry, the FTC was merely trying to provide Call Registry. During debate last year on the Do Not Call Berman Evans LaHood consumers with the power to truly exercise Berry Everett Lampson Registry, I had initially preferred that Congress this right. The Do-Not-Call Registry is just one Biggert Farr Langevin enact even stronger language. Bilirakis Fattah Lantos simple, effective tool that will give consumers But, in voting for the registry, I never Bishop (NY) Feeney Larsen (WA) the ability to exercise their right to a little thought that the language we enacted wouldn’t Blackburn Ferguson Latham Blumenauer Filner LaTourette peace and quiet. be sufficient enough to withstand judicial re- Unfortunately, Judge Lee R. West of the Blunt Fletcher Leach view. Boehlert Foley Lee Western District of Oklahoma recently ruled Mr. Speaker, the people have spoken. Boehner Forbes Levin that Congress did not give the FTC explicit au- They want the power to reduce the number Bonilla Ford Lewis (CA) thority to create the do-not-call list. Of course, Bonner Fossella Lewis (KY) of annoying telemarketing calls that too often Bono Frank (MA) Linder Judge West has the right to make that ruling, interrupt the precious, yet increasingly limited, Boozman Franks (AZ) Lipinski if he thinks that is the correct interpretation of time that they spend with their families. Boswell Frelinghuysen LoBiondo the law. Congress then has the responsibility The response has been tremendous Boucher Frost Lofgren Boyd Gallegly Lowey to clarify that it has indeed given the FTC au- I’ve joined over 50 million Americans who Bradley (NH) Garrett (NJ) Lucas (KY) thority to protect consumers by creating the have already signed up for the registry, and it Brady (PA) Gerlach Lucas (OK) registry, as we are doing today. hasn’t even gone into effect yet. Brady (TX) Gilchrest Lynch While I strongly support the continued im- The Do Not Call Registry is a popular con- Brown (OH) Gillmor Majette Brown (SC) Gingrey Maloney plementation of the Do-Not-Call Registry, I sumer protection tool that needs to be imple- Brown, Corrine Gonzalez Manzullo should mention that the FTC left some loop- mented. Brown-Waite, Goode Markey holes. If you’ve bought, leased, or rented The FTC has moved swiftly on behalf of Ginny Goodlatte Marshall something from a company in the past 18 consumers, and we should do the same. Burgess Gordon Matheson If the FTC needs this specific authority, then Burns Goss Matsui months, they can still call you until you say, Burr Granger McCarthy (MO) ‘‘Stop.’’ They can also call you if you’ve ap- let’s pass this bill today, get it to the President Burton (IN) Graves McCarthy (NY) plied or inquired with them over the past three and make sure that there is no disruption in Buyer Green (TX) McCollum months—even something as mundane as ask- the FTC’s ambitious timeline to make the Do Calvert Green (WI) McCotter Not Call Registry a reality for millions of Amer- Camp Greenwood McCrery ing for a store’s hours. Cantor Grijalva McDermott Telemarketers have jumped to these loop- ican consumers. Capito Gutierrez McGovern holes, showing the lengths that many of them Mr. TAUZIN. Mr. Speaker, I urge Capps Gutknecht McHugh Capuano Hall McInnis will go to in order to call people during dinner- adoption of the bill, and I yield back the balance of my time. Cardin Harman McIntyre time with unwanted ads. The FTC should re- Cardoza Harris McKeon The SPEAKER pro tempore (Mr. visit its rules and see if these loopholes can Carson (IN) Hart McNulty SIMPSON). Pursuant to the order of the be closed. Carson (OK) Hastings (FL) Meehan House of Wednesday, September 24, Carter Hastings (WA) Meeks (NY) Even still, it’s critical that we reaffirm the va- 2003, the bill is considered read for Case Hayes Menendez lidity of the do-not-call list. I want to commend Castle Hayworth Mica amendment and the previous question Chairman TAUZIN, Ranking Member DINGELL, Chabot Hefley Michaud is ordered. Chocola Hensarling Millender- and all the members of the Energy and Com- The question is on the engrossment Clay Herger McDonald merce Committee, for bringing this clarifying and third reading of the bill. Clyburn Hill Miller (FL) Coble Hinchey Miller (MI) legislation to the floor. I’m sure my constitu- The bill was ordered to be engrossed ents will be pleased to see this body reacting Cole Hinojosa Miller (NC) and read a third time, and was read the Collins Hobson Miller, Gary so quickly. third time. Conyers Hoeffel Miller, George I urge all of my colleagues to vote for this The SPEAKER pro tempore. The Cooper Hoekstra Mollohan bill so it can be signed into law and we can Costello Holden Moore question is on the passage of the bill. Cox Holt Moran (KS) avoid delaying implementation of the do-not- The question was taken; and the Cramer Honda Moran (VA) call list. Speaker pro tempore announced that Crane Hooley (OR) Murphy Mr. STUPAK. Mr. Speaker, I am pleased the ayes appeared to have it. Crenshaw Hostettler Murtha that Chairman TAUZIN and Ranking Member Crowley Houghton Musgrave Mr. TAUZIN. Mr. Speaker, on that I Cubin Hoyer Myrick DINGELL have moved so quickly to address demand the yeas and nays. Culberson Hulshof Napolitano this week’s decision by the Federal district The yeas and nays were ordered. Cummings Hunter Neal (MA) court in Oklahoma that the FTC did not have The SPEAKER pro tempore. Pursu- Cunningham Hyde Nethercutt Davis (AL) Inslee Neugebauer authority to implement the national Do Not ant to clauses 8 and 9 of rule XX, this Davis (CA) Isakson Ney Call list. 15-minute vote on H.R. 3161 will be fol- Davis (FL) Israel Northup It is not often that we can move forward with lowed by 5-minute votes on the motion Davis (IL) Issa Norwood such speed in a bipartisan manner in both to instruct on H.R. 1, by the yeas and Davis (TN) Istook Nunes Davis, Jo Ann Jackson (IL) Nussle bodies, but this action only proves that Con- nays; and the motion to instruct on Davis, Tom Jackson-Lee Oberstar gress intends this list to go into effect, despite H.R. 1588, by the yeas and nays. Deal (GA) (TX) Obey what Judge West in Oklahoma may think. The vote was taken by electronic de- DeFazio Janklow Olver This list was to have gone into effect on Oc- vice, and there were—yeas 412, nays 8, DeGette Jefferson Ortiz Delahunt Jenkins Osborne tober 1, and millions of consumers were look- not voting 14, as follows:

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.011 H25PT1 H8922 CONGRESSIONAL RECORD — HOUSE September 25, 2003 Ose Ryan (WI) Tauscher conferees offered by the gentleman DeLay Keller Ramstad Otter Ryun (KS) Tauzin DeMint Kelly Regula from Wisconsin (Mr. KIND), on which Owens Sabo Taylor (MS) Diaz-Balart, L. Kennedy (MN) Rehberg Oxley Sanchez, Linda Taylor (NC) the yeas and nays are ordered. Diaz-Balart, M. King (IA) Reynolds Pallone T. Thomas This will be a 5-minute vote. Doolittle King (NY) Rogers (AL) Pascrell Sanchez, Loretta Thompson (CA) Dreier Kingston Rogers (KY) Payne Sanders The vote was taken by electronic de- Duncan Kirk Thompson (MS) vice, and there were—yeas 199, nays Rogers (MI) Pearce Sandlin Thornberry Dunn Kline Rohrabacher Pelosi Saxton Tiahrt 220, not voting 15, as follows: Ehlers Knollenberg Ros-Lehtinen Pence Schakowsky Tiberi English Kolbe Royce Peterson (MN) Schiff [Roll No. 522] Everett LaHood Tierney Ryan (WI) Peterson (PA) Schrock Feeney LaTourette Toomey YEAS—199 Ryun (KS) Petri Scott (GA) Ferguson Lewis (CA) Towns Abercrombie Frost Neal (MA) Saxton Pickering Scott (VA) Flake Lewis (KY) Turner (OH) Ackerman Gonzalez Oberstar Schrock Pitts Sensenbrenner Foley Linder Turner (TX) Alexander Gordon Platts Serrano Obey Forbes LoBiondo Sensenbrenner Udall (CO) Allen Green (TX) Pomeroy Sessions Olver Fossella Lucas (OK) Sessions Udall (NM) Andrews Grijalva Porter Shadegg Ortiz Franks (AZ) Manzullo Shadegg Upton Baca Gutierrez Portman Shaw Owens Frelinghuysen McCotter Shaw Van Hollen Baird Hall Price (NC) Sherman Pallone Gallegly McCrery Shays Velazquez Baldwin Harman Pryce (OH) Sherwood Pascrell Garrett (NJ) McHugh Sherwood Visclosky Ballance Hastings (FL) Putnam Shimkus Payne Gerlach McInnis Shimkus Becerra Hill Quinn Shuster Vitter Pelosi Gilchrest McKeon Shuster Bell Hinchey Radanovich Simmons Walden (OR) Peterson (MN) Gillmor Mica Simmons Berkley Hinojosa Rahall Simpson Walsh Pomeroy Gingrey Miller (FL) Simpson Berman Hoeffel Ramstad Skelton Wamp Price (NC) Goode Miller (MI) Smith (MI) Berry Holden Rangel Slaughter Waters Rahall Goodlatte Miller, Gary Smith (NJ) Bishop (GA) Holt Regula Smith (MI) Watson Rangel Goss Moran (KS) Bishop (NY) Honda Smith (TX) Rehberg Smith (NJ) Waxman Renzi Granger Murphy Blumenauer Hooley (OR) Souder Renzi Smith (TX) Weiner Reyes Graves Musgrave Boswell Hoyer Stearns Reynolds Smith (WA) Weldon (FL) Rodriguez Green (WI) Myrick Boucher Inslee Sullivan Rodriguez Snyder Weller Ross Greenwood Nethercutt Boyd Israel Sweeney Rogers (AL) Solis Wexler Rothman Gutknecht Neugebauer Brady (PA) Jackson (IL) Tancredo Rogers (KY) Souder Whitfield Roybal-Allard Harris Ney Brown (OH) Jackson-Lee Tauzin Rogers (MI) Spratt Wicker Ruppersberger Hart Northup Brown, Corrine (TX) Taylor (NC) Rohrabacher Stark Wilson (NM) Rush Hastings (WA) Norwood Brown-Waite, Jefferson Terry Ros-Lehtinen Stearns Wilson (SC) Ryan (OH) Hayes Nunes Ginny Johnson, E. B. Thomas Ross Stenholm Wolf Sabo Hayworth Nussle Capps Kanjorski Thornberry Rothman Stupak Woolsey Sanchez, Linda Hefley Osborne Capuano Kaptur Tiahrt Roybal-Allard Sullivan Wu T. Hensarling Ose Cardin Kennedy (RI) Tiberi Royce Sweeney Wynn Sanchez, Loretta Herger Otter Cardoza Kildee Ruppersberger Tancredo Young (AK) Sanders Hobson Oxley Toomey Carson (IN) Kilpatrick Rush Tanner Young (FL) Sandlin Hoekstra Paul Turner (OH) Carson (OK) Kind Schakowsky Hostettler Pearce Upton Case Kleczka NAYS—8 Schiff Houghton Pence Vitter Clay Lampson Scott (GA) Hulshof Peterson (PA) Walden (OR) Bishop (UT) Meek (FL) Strickland Clyburn Langevin Scott (VA) Hunter Petri Walsh Cannon Paul Terry Conyers Lantos Serrano Hyde Pickering Wamp Flake Ryan (OH) Cooper Larsen (WA) Sherman Isakson Pitts Weldon (FL) Costello Latham NOT VOTING—14 Issa Platts Weller Cramer Leach Skelton Istook Pombo Whitfield Bishop (GA) Larson (CT) Reyes Crowley Lee Slaughter Janklow Porter Wicker Gephardt Lewis (GA) Shays Cummings Levin Smith (WA) Jenkins Portman Wilson (NM) Gibbons Nadler Watt Davis (AL) Lipinski Snyder Johnson (CT) Pryce (OH) Wilson (SC) Jones (OH) Pastor Weldon (PA) Davis (CA) Lofgren Solis Johnson (IL) Putnam Wolf Kucinich Pombo Davis (FL) Lowey Spratt Johnson, Sam Quinn Young (AK) Davis (IL) Lucas (KY) Stark ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Jones (NC) Radanovich Young (FL) Davis (TN) Lynch Stenholm The SPEAKER pro tempore (Mr. Strickland DeFazio Majette NOT VOTING—15 SIMPSON) (during the vote). Members DeGette Marshall Stupak are advised that 2 minutes remain in Delahunt Matheson Tanner Gephardt Larson (CT) Nadler DeLauro Matsui Tauscher Gibbons Lewis (GA) Napolitano this vote. Deutsch McCarthy (MO) Taylor (MS) John Maloney Pastor b 1233 Dicks McCarthy (NY) Thompson (CA) Jones (OH) Markey Watt Dingell McDermott Thompson (MS) Kucinich McCollum Weldon (PA) Mr. TERRY and Mr. RYAN of Ohio Doggett McGovern Tierney changed their vote from ‘‘yea’’ to Dooley (CA) McIntyre Towns ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Doyle McNulty Turner (TX) ‘‘nay.’’ Edwards Meehan Udall (CO) The SPEAKER pro tempore (during So the bill was passed. Emanuel Meek (FL) Udall (NM) the vote). There are 2 minutes remain- The result of the vote was announced Emerson Meeks (NY) Van Hollen ing in this vote. as above recorded. Engel Menendez Velazquez Eshoo Michaud Visclosky A motion to reconsider was laid on Etheridge Millender- Waters b 1244 the table. Evans McDonald Watson Waxman f Farr Miller (NC) So the motion to instruct was re- Fattah Miller, George Weiner jected. PERSONAL EXPLANATION Filner Mollohan Wexler Fletcher Moore Woolsey The result of the vote was announced Mr. BISHOP of Georgia. Mr. Speaker, on Ford Moran (VA) Wu as above recorded. Frank (MA) Murtha Wynn rollcall No. 520 and 521, had I been present, A motion to reconsider was laid on I would have voted ‘‘aye.’’ NAYS—220 the table. f Aderholt Boehner Capito Stated for: MOTION TO INSTRUCT CONFEREES Akin Bonilla Carter Bachus Bonner Castle Mrs. NAPOLITANO. Mr. Speaker, on rollcall ON H.R. 1, MEDICARE PRESCRIP- Baker Bono Chabot No. 522, had I been present, I would have Ballenger Boozman Chocola TION DRUG AND MODERNIZA- voted ‘‘yes.’’ TION ACT OF 2003 Barrett (SC) Bradley (NH) Coble Bartlett (MD) Brady (TX) Cole The SPEAKER pro tempore (Mr. Barton (TX) Brown (SC) Collins f SIMPSON). The unfinished business is Bass Burgess Cox Beauprez Burns Crane the question on the motion to instruct Bereuter Burr Crenshaw PERSONAL EXPLANATION conferees on H.R. 1. Biggert Burton (IN) Cubin The Clerk will designate the motion. Bilirakis Buyer Culberson Mr. GIBBONS. Mr. Speaker, I was unavoid- The Clerk designated the motion. Bishop (UT) Calvert Cunningham ably detained due to committee business and Blackburn Camp Davis, Jo Ann The SPEAKER pro tempore. The Blunt Cannon Davis, Tom missed 2 votes. Had I been present, I would question is on the motion to instruct Boehlert Cantor Deal (GA) have voted: 521—‘‘yes’’ and 522—‘‘no.’’

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 9920 E:\CR\FM\A25SE7.004 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8923 MOTION TO INSTRUCT CONFEREES Menendez Putnam Smith (WA) A motion to reconsider was laid on Mica Quinn Snyder ON H.R. 1588, NATIONAL DEFENSE Michaud Rahall Solis the table. AUTHORIZATION ACT FOR FIS- Millender- Ramstad Souder f CAL YEAR 2004 McDonald Rangel Spratt Miller (FL) Regula Stark PERSONAL EXPLANATION The SPEAKER pro tempore. The un- Miller (MI) Rehberg Stearns Mr. LARSON of Connecticut. Mr. Speaker, I Miller (NC) Renzi Stenholm finished business is the question on the would like to submit this statement for the motion to instruct conferees on H.R. Miller, George Reyes Strickland Mollohan Rodriguez Stupak RECORD and regret that I could not be present 1588. Moore Rogers (AL) Sullivan today, Thursday, September 25, 2003, to vote The Clerk will designate the motion. Moran (KS) Rogers (KY) Sweeney on rollcall vote Nos. 520, 521, 522, and 523 The Clerk designated the motion. Moran (VA) Ros-Lehtinen Tanner Murphy Ross Tauscher because I was attending a funeral in my Dis- The SPEAKER pro tempore. The Murtha Rothman Tauzin trict. question is on the motion to instruct Musgrave Roybal-Allard Taylor (MS) Had I been present, I would have voted: conferees offered by the gentleman Napolitano Royce Terry Neal (MA) Ruppersberger Thompson (CA) ‘‘aye’’ on rollcall vote No. 520 on H.J. Res. from New York (Mr. CROWLEY) on Ney Rush Thompson (MS) 69—Continuing Resolution through October which the yeas and nays are ordered. Northup Ryan (OH) Tierney 31st; ‘‘aye’’ on rollcall vote No. 521 on H.R. This will be a 5-minute vote. Norwood Ryan (WI) Toomey 3161—To Ratify the Authority of the FTC to Nunes Ryun (KS) Towns The vote was taken by electronic de- Oberstar Sabo Turner (TX) Establish a Do-Not-Call Registry; ‘‘aye’’ on vice, and there were—yeas 356, nays 67, Obey Sanchez, Linda Udall (CO) rollcall vote No. 522 on the motion to instruct not voting 11, as follows: Olver T. Udall (NM) conferees on H.R. 1 to accept provisions in Ortiz Sanchez, Loretta Upton the Senate and House bills to avoid cuts to [Roll No. 523] Osborne Sanders Van Hollen rural hospitals, ensure access to health care YEAS—356 Ose Sandlin Velazquez Otter Saxton Visclosky for rural communities and provide guaranteed Abercrombie Davis (IL) Hoyer Owens Schakowsky Vitter Ackerman Davis (TN) Hulshof prescription drug coverage; and ‘‘aye’’ on roll- Oxley Schiff Walden (OR) call vote No. 523 on the motion to instruct Aderholt Davis, Jo Ann Hyde Pallone Schrock Walsh Alexander Davis, Tom Inslee Pascrell Scott (GA) Wamp conferees on H.R. 1588 to accept provisions Allen Deal (GA) Isakson Paul Scott (VA) Waters in the Senate bill to provide TriCare health Andrews DeFazio Israel Payne Sensenbrenner Watson coverage for reservists called to active duty. Baca DeGette Istook Pearce Serrano Waxman Bachus Delahunt Jackson (IL) Pelosi Shaw Weiner f Baird DeLauro Jackson-Lee Peterson (MN) Shays Weldon (FL) Baldwin Deutsch (TX) Peterson (PA) Sherman Wexler LEGISLATIVE PROGRAM Ballance Diaz-Balart, L. Janklow Petri Sherwood Whitfield (Mr. SANDLIN asked and was given Barrett (SC) Diaz-Balart, M. Jefferson Pickering Shimkus Wicker permission to address the House for 1 Bartlett (MD) Dicks Jenkins Pitts Shuster Wilson (NM) Bass Dingell John Platts Simmons Wilson (SC) minute.) Beauprez Doggett Johnson (CT) Pombo Simpson Wolf Mr. SANDLIN. Mr. Speaker, for the Becerra Dooley (CA) Johnson (IL) Pomeroy Skelton Woolsey purpose of scheduling, I yield to the Bell Doyle Johnson, E. B. Porter Slaughter Wu gentleman from Ohio (Mr. PORTMAN). Bereuter Dunn Jones (NC) Portman Smith (MI) Wynn Berkley Edwards Jones (OH) Price (NC) Smith (NJ) Young (AK) Mr. PORTMAN. Mr. Speaker, I thank Berman Ehlers Kanjorski Pryce (OH) Smith (TX) Young (FL) the gentleman for yielding, and I would Berry Emanuel Kaptur be happy to talk about the schedule to Biggert Emerson Keller NAYS—67 Bilirakis Engel Kelly the extent we know it. Akin Duncan McKeon Bishop (GA) English Kennedy (MN) Mr. Speaker, according to the cal- Baker Feeney Miller, Gary Bishop (NY) Eshoo Kennedy (RI) Ballenger Flake Myrick endar we announced at the beginning Bishop (UT) Etheridge Kildee Barton (TX) Foley of the year, next week was scheduled to Blumenauer Evans Kilpatrick Nethercutt Blackburn Franks (AZ) Bonner Everett Kind Neugebauer be the last week of the first session of Blunt Garrett (NJ) Bono Farr King (NY) Nussle the 108th Congress; and while the Boehlert Gillmor Boozman Fattah Kingston Pence Boehner Goss House by and large has completed its Boswell Ferguson Kirk Radanovich Bonilla Granger work for this session, the Senate is a Boucher Filner Kleczka Reynolds Brady (TX) Green (WI) Boyd Fletcher Kline Rogers (MI) little behind us, maybe several weeks Burgess Gutknecht Bradley (NH) Forbes Knollenberg Rohrabacher Buyer Harris behind us, and we still have some more Brady (PA) Ford Kolbe Cannon Hastings (WA) Sessions work to do. So we will be here beyond Brown (OH) Fossella LaHood Capito Hefley Shadegg Brown (SC) Frank (MA) Lampson October 3, certainly. We will be com- Carter Hensarling Tancredo Brown, Corrine Frelinghuysen Langevin pleting appropriations bills, as well as Castle Hunter Taylor (NC) Brown-Waite, Frost Lantos Chocola Issa Thomas other important priorities. Ginny Gallegly Larsen (WA) Crane Johnson, Sam Thornberry In addition, the President’s recent re- Burns Gerlach Latham Culberson King (IA) Tiahrt Burr Gibbons LaTourette quest for additional resources for the DeLay Lewis (CA) Tiberi Burton (IN) Gilchrest Leach war on terrorism through the supple- DeMint Linder Turner (OH) Calvert Gingrey Lee Doolittle McCrery mental is something this Congress will Camp Gonzalez Levin Weller Dreier McInnis be considering. Of course, that means Capps Goode Lewis (KY) Capuano Goodlatte Lipinski NOT VOTING—11 we will need additional time in session. Cardin Gordon LoBiondo While I understand that Members are Cardoza Graves Lofgren Cantor Larson (CT) Pastor anxious to know about votes for Octo- Carson (IN) Green (TX) Lowey Gephardt Lewis (GA) Watt Carson (OK) Greenwood Lucas (KY) Hart McCollum Weldon (PA) ber, especially for the week of October Case Grijalva Lucas (OK) Kucinich Nadler 6, we have not yet finalized a number Chabot Gutierrez Lynch ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE of key decisions that need to be made Clay Hall Majette before we know exactly what that Clyburn Harman Maloney The SPEAKER pro tempore (Mr. Coble Hastings (FL) Manzullo SIMPSON) (during the vote). Members schedule will be. Hopefully by the close Cole Hayes Markey are advised 2 minutes remain in this of business tomorrow, Friday, we will Collins Hayworth Marshall be able to distribute a ‘‘Dear Col- Conyers Herger Matheson vote. Cooper Hill Matsui league’’ letter to each office which will indicate the days when we expect to Costello Hinchey McCarthy (MO) b 1258 Cox Hinojosa McCarthy (NY) have votes for the entire month of Oc- Cramer Hobson McCotter Mr. SIMPSON and Ms. DUNN tober. This information will also be on Crenshaw Hoeffel McDermott Crowley Hoekstra McGovern changed their vote from ‘‘nay’’ to the majority leader’s Web site hope- Cubin Holden McHugh ‘‘yea.’’ fully by the close of business tomor- Cummings Holt McIntyre So the motion to instruct was agreed row. Cunningham Honda McNulty to. For next week, in addition to a Davis (AL) Hooley (OR) Meehan Davis (CA) Hostettler Meek (FL) The result of the vote was announced lengthy list of bills that we will con- Davis (FL) Houghton Meeks (NY) as above recorded. sider under suspension of the rules

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.043 H25PT1 H8924 CONGRESSIONAL RECORD — HOUSE September 25, 2003 starting on Tuesday, we do have a long We will see what happens as of next Mr. SANDLIN. Mr. Speaker, I appre- list of conference reports that could be- week. ciate the information from the gen- come available. Mr. SANDLIN. Mr. Speaker, is there tleman. I noticed in the initial remarks an idea about what time we might b 1300 that several conference reports were know tomorrow about the upcoming mentioned that would be coming up in- These include, but are not limited to, week’s schedule so that our Members cluding FAA and DOD and military the FAA authorization, which has to can make their scheduling for air- construction and energy and water. get done, as we all know, the DOD au- planes or other modes of transpor- Certainly, those are important mat- thorization bill, military construction tation and deal with their families and ters. But in looking at that list, I appropriations bill, energy and water events at home? would note that many of those things appropriations bill, and, of course, the Mr. PORTMAN. Mr. Speaker, I am have not been brought forward yet be- Energy Policy Act of 2003. advised by the majority leader’s office cause we have not been scheduling Fri- No one can say at this time which that it will be available as soon as pos- day and Monday. days any of these bills will be consid- sible tomorrow, which, in House termi- Secondly, I would note that in that ered by the House. It is difficult to nology, probably means tomorrow list, from what I am reading, that nei- know, but I would stress that we will afternoon or evening. It is going to ther the Medicare prescription drug expect to be voting on one or more of take a while to make some decisions on legislation nor the tax credit legisla- these conference reports, and we should some matters that are not entirely in tion is on that list. But could Members expect to be here next Friday. our control, including working with be told which one of those two are Members should know we may well the Senate on how we work through most likely to come to the floor? Is be working late into the evening next the supplemental. So I would think to- there a possibility of the Medicare pre- Friday, October 3, 2003, to consider morrow afternoon sometime. scription drug legislation coming to some of these conference reports. I Mr. SANDLIN. Mr. Speaker, in the the floor and is there a possibility of would try to answer any further ques- event that we do meet late next week, the child tax credit legislation coming tions the gentleman from Texas has. during the week would our business to the floor? Mr. SANDLIN. Mr. Speaker, I will re- that week be consideration of the Iraq Mr. PORTMAN. Mr. Speaker, if the claim my time. supplemental appropriations legisla- gentleman would further yield, I would Mr. Speaker, it was indicated that tion? And, if so, can Members be as- say absolutely. It is our hope that we there was hope to have a schedule sured that we will have a fair process would have both of those conference re- available as soon as tomorrow for the for consideration of that bill, a process ports coming back to the House floor. month of October. As of right now, is that would allow full debate so that Certainly they were not excluded from there an expectation that we would Members will have the ability to ad- the list because we do not hope to do have legislative business during the dress all of their concerns of justifica- them, but they were not in the list be- week of October 6, 2003, even though tion and accountability? cause it is unlikely we will do them the other body has decided not to be in Mr. PORTMAN. Mr. Speaker, if the next week. So it will not be something session during the week? gentleman will further yield, I appre- imminent. On both of those con- Mr. PORTMAN. Mr. Speaker, if the ciate the question. And my own sense ferences, we would hope to come to a gentleman will continue to yield, I is that it is very unlikely we would see resolution. think we will have a better answer to the supplemental appropriations bill on As the gentleman knows, being on that as of tomorrow close of business. the floor next week simply because the the Committee on Ways and Means, the But my expectation would be we would committee has not yet gone through members of the Committee on Ways have business here on the floor even the hearing process to the extent they and Means on the conference and the though the Senate will be out, the would like to. My understanding is members of the Committee on Energy other body, in part because of the work they would like to hold additional and Commerce are working diligently we need to do on the supplemental, and hearings next week. with regard to the Medicare conference in part because of possibility of other In fact, the members of the sub- and their staff, even as we talk this important work in the appropriations committee have indicated that they afternoon. So we are very hopeful we conference reports. will be going on a trip this weekend, I can resolve both of those and bring Mr. SANDLIN. Mr. Speaker, I note think, to Iraq to gather further infor- them to the floor before completing that it was indicated that we could be mation. So it seems very unlikely it our work for this session. working late into the evening next Fri- would be before us next week. Mr. SANDLIN. Mr. Speaker, I appre- day. And, of course, that is contingent In terms of the rule, we have not ciate that. So there is certainly the on many things. But I would like to worked that out yet with the Com- possibility that in addition to the ones know if there is a possibility that we mittee on Rules. I certainly have not that you listed, since we are working will not be working late next Friday so talked to the chairman of the Com- extra hours next week and working that the Members can schedule their mittee on Rules, the gentleman from late through Friday, there is the possi- transportation needs, and also would California (Mr. DREIER), but that is a bility that Medicare prescription drugs request an answer to why we would be decision that would be made as we get and/or the child tax credit legislation working late next Friday and con- closer to that vote. could come up for consideration next founding scheduling when we have not Mr. SANDLIN. Mr. Speaker, reclaim- week since we do have additional time been working on Mondays and Fridays ing my time. next week? in the past. Mr. Speaker, we passed a continuing Mr. PORTMAN. Mr. Speaker, my col- Mr. PORTMAN. Mr. Speaker, that is resolution today that will take us league from Texas knows some of the certainly a fair question. And I hon- through October 31, 2003. Would you an- complexities of some of these issues estly do not think we will have the an- ticipate that we would be able to finish and knows the progress we have made, swer to that until some time midweek all of our legislative work for the year but also the ground we have yet to next week, depending on how the con- by the end of October? cover. So I think it is unlikely, from ference reports are going. My point Mr. PORTMAN. Mr. Speaker, another my point of view, it is unlikely we will earlier was that Members should be fair question from the gentleman. I see it next week. But I think it is very prepared to be here on Friday, if nec- wish we could provide a definitive an- likely that we will make significant essary. We do not know if that will be swer. That is certainly our hope, that progress in the next two weeks, par- necessary, but if there are conference by the end of the month of October ticularly if we are here for a consider- reports that are ready to go, I think it that we would be completing our legis- able amount of time the week of Octo- is important that we are here to get lative business for this session of this ber 6, 2003, to be able to make progress our work done. Congress. But it would depend on our on these conference reports. Even in So it seems like it would make sense progress with the Senate on a number the absence of the Senate being in ses- for Members not to make plans for Fri- of these conference reports that we sion, we can still work on conference day that they are unable to get out of. talked about earlier. reports.

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.045 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8925 So our hope is to continue to push ADJOURNMENT TO MONDAY, SEP- (G) Section 417 (relating to treatment of with regard to all of the conferences. TEMBER 29, 2003; AND ADJOURN- certain entities for purposes of payment under the medicare program). We named a number of them earlier. MENT FROM MONDAY, SEP- TEMBER 29, 2003 TO TUESDAY, (H) Section 420 (relating to conforming We hope to have them come to the changes relating to Federally qualified floor over the next several weeks as we SEPTEMBER 30, 2003 health centers). complete our work. Mr. PORTMAN. Mr. Speaker, I ask (I) Section 420A (relating to increase for hospitals with disproportionate indigent care Mr. SANDLIN. Certainly we hope unanimous consent that when the House adjourns today, it adjourn to revenues). since we are working a little bit later, meet at noon on Monday next; and fur- (J) Section 421 (relating to establishment of floor on geographic adjustments of pay- we can consider Medicare prescription ther, that when the House adjourns on drug legislation and the child tax cred- ments for physicians’ services). that day, it adjourn to meet at 12:30 (K) Section 425 (relating to temporary in- it. That is, of course, very important. p.m. on Tuesday, September 30, for crease for ground ambulance services), but Does the gentleman expect that we morning hour debates. with the effective date applicable under the could move forward and go to con- The SPEAKER pro tempore (Mr. amendment made by section 410(2) of the ference on the Labor-HHS-Education SIMPSON). Is there objection to the re- House bill. (L) Section 426 (relating to appropriate bill sometime next week? Since we do quest of the gentleman from Ohio? There was no objection. coverage of air ambulance services under have additional time, would that be a ambulance fee schedule). priority? f (M) Section 427 (relating to treatment of certain clinical diagnostic laboratory tests Mr. PORTMAN. It certainly would be DISPENSING WITH CALENDAR furnished by a sole community hospital). a priority. It is my understanding that WEDNESDAY BUSINESS ON (N) Section 428 (relating to improvement in the Senate formally requested a con- WEDNESDAY NEXT rural health clinic reimbursement). ference just last night on what is the Mr. PORTMAN. Mr. Speaker, I ask (O) Section 444 (relating to GAO study of second largest now of our 13 appropria- geographic differences in payments for phy- unanimous consent that the business sicians’ services). tions bills. It is certainly a very impor- in order under the Calendar Wednesday (P) Section 450C (relating to authorization tant bill for us to be able to complete rule be dispensed with on Wednesday of reimbursement for all medicare part B on an independent basis and that is our next. services furnished by Indian hospitals and goal. We cannot commit to a day next The SPEAKER pro tempore. Is there clinics). week when we would consider a motion objection to the request of the gen- (Q) Section 452 (relating to limitation on reduction in area wage adjustment factors to go to conference, but I think it is tleman from Ohio? There was no objection. under the prospective payment system for very likely it could happen next week. home health services). Mr. SANDLIN. The House earlier f (R) Section 455 (relating to MedPAC study on medicare payments and efficiencies in the today was supposed to consider a rule MOTION TO INSTRUCT CONFEREES health care system). to send the FAA conference report ON H.R. 1, MEDICARE PRESCRIP- (S) Section 459 (relating to increase in back to conference. When the conferees TION DRUG AND MODERNIZA- medicare payment for certain home health reconvene, would the gentleman expect TION ACT OF 2003 services). them to work in a truly cooperative Mr. SANDLIN. Mr. Speaker, I offer a (T) Section 601 (Increase in medicaid DSH allotments for fiscal years 2004 and 2005). manner and accept the will of both motion to instruct. (4) The House insist upon the following Houses of Congress with regard to halt- The SPEAKER pro tempore. The provisions of the House bill: ing the privatization of air traffic con- Clerk will report the motion. (A) Section 402 (relating to immediate es- trol towers as has been debated here on The Clerk read as follows: tablishment of uniform standardized amount the floor? Mr. SANDLIN moves that the managers on in rural and small urban areas). the part of the House at the conference on (B) Section 403 (relating to establishment Mr. PORTMAN. It is our under- the disagreeing votes of the two Houses on of essential rural hospital classification). standing that Members of that con- the Senate amendment to the bill H.R. 1 be (C) Subsections (a), (b), (d), and (e) of sec- ference from both sides of the aisle and instructed as follows: tion 405 (relating to improvements to crit- both sides of the Capitol have indicated (1) The House recede to the Senate on the ical access hospital program). (D) Section 416 (relating to revision of that a couple of relatively small provisions to guarantee access to prescrip- tion drug coverage under section 1860D–13(e) labor-related share of hospital inpatient pps changes are necessary to get that bill of the Social Security Act, as added by sec- wage index). into position where both the House and tion 101(a) of the Senate amendment. (E) Section 417 (relating to medicare incen- the Senate can pass the conference re- (2) To reject the provisions of section 501 of tive payment program improvements). port. That is what we are working to- the House bill. (F) Section 504 (relating to wage index classification reform). ward. Those grant programs adminis- (3) The House recede to the Senate on the following provisions of the Senate amend- (G) Section 601 (relating to revision of up- tered by FAA expire, as the gentleman ment to improve rural health care: dates for physician services). knows, at the end of the month. I know (A) Section 403 (relating to inpatient hos- (H) Section 1001 (relating to medicaid dis- that the chairman of the Committee on pital adjustment for low volume hospitals). proportionate share hospital (DSH) pay- Transportation and Infrastructure and (B) Section 404 (relating to medicare dis- ments). so many other Members in this Cham- proportionate share adjustment for rural Mr. SANDLIN (during the reading). areas), but with the effective date applicable ber would like to get this bill to the Mr. Speaker, I ask unanimous consent under section 401(b) of the House bill. that the motion be considered as read President for signature as soon as pos- (C) Section 404A (relating to MedPAC re- and printed in the RECORD. sible. port on medicare disproportionate share hos- The SPEAKER pro tempore. Is there pital adjustment payments). Mr. SANDLIN. Mr. Speaker, I thank (D) The following provisions of section 405 objection to the request of the gen- the gentleman from Ohio for his infor- (relating to critical access hospital improve- tleman from Texas? mation and cooperation today and ments): There was no objection. would ask that the gentleman and/or (i) Subsection (a), but with the effective The SPEAKER pro tempore. Under the leadership of the majority let us date applicable under section 405(f)(4) of the clause 7 of rule XXII, the gentleman House bill. know just as quickly as possible tomor- from Texas (Mr. SANDLIN) and the gen- (ii) Subsection (b), but with the effective tleman from Michigan (Mr. CAMP) each row about the scheduling, so that our date applicable under section 405(c)(2) of the will control 30 minutes. Members can make their scheduling for House bill. The Chair recognizes the gentleman (iii) Subsections (e), (f), and (g). their transportation, and also let us from Texas (Mr. SANDLIN). know if there is any possibility of the (E) Section 414 (relating to rural commu- nity hospital demonstration program). Mr. SANDLIN. Mr. Speaker, I yield Medicare prescription drug bill or tax (F) Section 415 (relating to critical access myself such time as I may consume. credit bill or FAA bill or any of that hospital improvement demonstration pro- Mr. Speaker, the way this bill cur- coming up next week. gram). rently stands is nothing more than a

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.047 H25PT1 H8926 CONGRESSIONAL RECORD — HOUSE September 25, 2003 misrepresentation and a bait and Medicare and Medicaid already paid. In gate to the 1995 White House Con- switch. The leadership has used smoke the name of patient safety, we ordered ference on Aging, and the goals that and mirrors to trick our seniors into them to comply with Federal mandate came from that meeting of several thinking that they are getting a Medi- after Federal mandate from EMTALA thousand people gathered across the care prescription drug plan and into to HIPPA but then failed to grant the country had to do with allowing sen- thinking that our hospitals will be ade- funding to ensure quality of care is iors to live in independence and dig- quately reimbursed while, in reality, provided. Let me tell the Members here nity, to make sure they continued to we are forcing our seniors to seek no one will expect care to be provided have access to the programs that made medication from private insurance if these hospitals close. It just will not such a significant difference in their companies and HMOs that will set the be availability, and with that elimi- lives, Medicare and Social Security. price and set the benefits and we are nation of care will follow a massive Since Medicare was enacted in 1965, it taking money away from our hospitals. elimination of jobs critical to our local has truly provided health care security Mr. Speaker, I rise to offer this mo- economies and endangering our local to millions of America’s seniors and tion to instruct the conferees on H.R. 1, families. people with disabilities. the Medicare Prescription Drug and Rural seniors in hospitals are getting Medicare is the binding commitment Modernization Act of 2003 and ask to a raw deal here, Mr. Speaker. We all of a society to our most vulnerable remember our Nation’s 9.3 million know that. They are not looking for citizens and a commitment that Amer- rural Medicare beneficiaries as they anything extra. They are just looking ica must always keep. One segment of continue their critical deliberations. for something equitable, something society that is neglected time and time The legislation that I speak of today, fair. Join with me and do at least that again in Washington is seniors living in as I mentioned, is much more than much today for our hospitals, for our rural communities, and I come here simply a drug bill, it is a testament to doctors, and for our rural patients in today to tell the conferees that we our commitment to quality-of-life rural communities. have a real commitment to rural sen- issues for our Nation’s seniors in our Mr. Speaker, I reserve the balance of iors. communities. Modern health care my time. Mr. Speaker, I represent a fairly di- today requires a comprehensive system Mr. CAMP. Mr. Speaker, I yield my- verse district. It consists both of urban that depends on access to needed pre- self such time as I may consume. and rural areas, and therefore I have scription drugs, certainly. It depends The Sandlin motion to instruct con- witnessed the degradation of care for on physician care and hospital treat- ferees is essentially the same as the my constituents living in these rural ment. All of those needs must be ad- last two motions to instruct that have years. This Congress has a responsi- dressed. When access is denied, treat- been defeated by the House of Rep- bility to represent all people through- ment fails and people suffer. As H.R. 1 resentatives. This motion, like the oth- out the country and to provide guaran- stands today, our rural communities ers, asks us to accept the Senate’s posi- teed prescription coverage through a all across Texas and all across the Na- tion of a government-run prescription Medicare fallback option in areas tion will suffer. delivery drug system and structure. It where private drug plans are not avail- Everyone here knows that our Na- would provide unprecedented and un- able. We must ensure that cuts in pay- tion’s rural hospitals are desperately in necessary inflationary increases to pro- ments to hospitals that were included need of assistance. Over the past 25 viders and would undo the bicameral in the majority-offered House bill years, Mr. Speaker, more than 470 hos- decisions that the conferees have al- which adversely affect hospitals in pitals across America have closed. ready resolved. Roughly a third of the rural areas are not included in the con- That is unacceptable. That impacts bill in question, H.R. 1, has been re- ference report. These cuts will serve to primarily rural America. This is very solved by the Medicare conference. further undermine the ability of rural devastating for rural citizens. Due to This motion would reopen those issues hospitals and health care providers to the fact that rural seniors have a lack that have already been resolved in a bi- ensure that adequate coverage is of- of access to preventive care, that partisan, bicameral fashion. This is the fered in rural areas. causes them to have higher incidences third Congress that has attempted to I cannot in good conscience allow of chronic illnesses like heart disease, enact a prescription drug benefit in this House to send to the conference arthritis and things of that nature. Medicare, and this motion would en- committee a bill which would leave our Medicare is a significant source of pay- sure that a prescription drug Medicare Nation’s rural areas in continued peril. ment for rural health care providers bill never reaches the President’s desk; I have pledged with my colleagues to because of the higher proportion of sen- and I urge a defeat of this motion. work to provide adequate health care iors in rural areas. We must provide Mr. Speaker, I reserve the balance of to all Americans; and, frankly, this bill the strongest reimbursement aid pos- my time. as it currently exists imperils citizens sible by taking the best of the House Mr. SANDLIN. Mr. Speaker, I appre- living in rural areas. and the best of the Senate bills. The ciate the gentleman’s comments. I HMOs and other private health plans House bill’s rural assistance provisions yield such time as he may consume to have had a very poor record of serving contradict each other by offering fund- the gentleman from Texas (Mr. seniors living in rural areas. Indeed, ing through one avenue and slashing it LAMPSON). according to the government’s own ad- through the market basket. This meas- Mr. LAMPSON. Mr. Speaker, I thank visory board, the Medicare Payment ure, as proposed by the House, denies the gentleman from Texas for yielding Advisory Commission, only 19 percent hospitals $12 billion of desperately me this time. of rural Medicare beneficiaries have needed assistance, nearly $9 billion of It is nice to be able to join on an the option of enrolling in a Medicare which would go to rural hospitals, the issue as important as this and one that managed care plan in 2003. How can we hospitals with the most challenge. In does not deal with redistricting in as a Congress participate in passing my home State of Texas, over $420 mil- Texas. such a broad and affecting piece of leg- lion will be lost. That is all in the I do rise today in support of the islation without ensuring that the dis- name of fiscal responsibility. That is a Sandlin motion to instruct on Medi- parity between rural and urban areas is false savings, Mr. Speaker, and it is a care prescription drugs. This motion abolished? savings that endangers the lives of carries with it the efficacy of pro- So the Sandlin motion to instruct Americans, especially in rural Amer- tecting seniors and health care pro- will help to ensure that we do not leave ica. This cost-saving measure certainly viders in rural areas. It was not too our rural citizens behind. I support this will not save hospitals but it will cost many years before I came up here to motion to instruct, and I call on my them and their patients dearly. Congress that I was serving on a board colleagues here to join us and do ex- called the Area Agency on Aging. It actly the same thing. b 1315 was a board where we spent a great Mr. CAMP. Mr. Speaker, I reserve the How much do we as a Congress expect deal of our effort with senior citizens balance of my time. our hospitals to endure? Our rural hos- and the needs that they had. Ulti- Mr. SANDLIN. Mr. Speaker, I yield pitals are barely scraping by on what mately, they selected me to be a dele- myself such time as I may consume.

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.049 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8927 Mr. Speaker, one of the key problems and I think a majority of this body rural areas; and most of those numbers with the House GOP Medicare prescrip- does not. I really do. That is why we do not include the increases for critical tion bill is it fails to meet the needs of will continue to come on this floor and access hospitals which are an impor- the one-fourth of Medicare bene- suggest to our colleagues who continue tant part of health care providing in ficiaries who live in rural areas. And to vote against this motion to instruct, rural America. someone who knows that very well is take a good look, listen to their hos- So I would still urge my colleagues the gentleman from Texas (Mr. STEN- pitals back home, listen to what is to defeat this motion to instruct. We HOLM), my good friend and colleague being proposed and see how they will have a good process moving, and let us and a real champion of health care, es- vote when that conference committee keep the process going forward. pecially out in west Texas, and a very completes its work and brings it back Mr. Speaker, I reserve the balance of respected Member of the House. to the floor of the House. my time. Mr. Speaker, I yield such time as he And everyone now I hope understands Mr. SANDLIN. Mr. Speaker, I yield may consume to the gentleman from that the conference is in trouble be- such time as he may consume to the Texas (Mr. STENHOLM). cause we have some irreconcilable gentleman from the State of Tennessee Mr. STENHOLM. Mr. Speaker, I forces. It is kind of like the Texas re- (Mr. TANNER), a member of the Com- thank the gentleman from Texas for districting plan. We have got some mittee on Ways and Means. yielding me this time, and I thank him folks not willing to give. And when we Mr. TANNER. Mr. Speaker, the $12 for bringing again this motion to in- have that, then we run the risk of billion that CBO says the House bill struct to the floor of the House. doing nothing, and no one wants to cuts from hospitals, $9 billion of that Some of our colleagues are asking come out of this Congress by doing comes from hospitals serving rural why do this again. Listen carefully to nothing. We have a tremendous need of communities. As I said the other day the rationale and the reasons of why dealing with the cost of medicine, and when we were talking about this ap- we are doing it again. It is critical to there are ways that we can do some proach, all the medical technology in rural districts all over the United great things to reducing the amount of the world is of no use to me or anyone States. This is a matter of life and cost of health care to our senior citi- else if it is not accessible. Over 47 per- death for 27 hospitals in my district. zens and to others, middle-income cent of the 134 acute care hospitals in The issue is fairness, and this is the America. But pay particular attention, Tennessee are losing money. A lot of third time that I have had to correct and this is done for the benefit of our these hospitals are in rural areas that my friends on the other side of the colleagues, the conferees having to rec- simply will not be able to remain open aisle for the red-herring approach that ognize that we have got to come to an with the market basket reduction, they are talking about. No one is advo- agreement with the Senate or other- with the way this bill is drafted, and cating a government-run program un- wise nothing will happen. with the demands that are being placed less by that they are suggesting that Again, I repeat, this is not a budget on them. Literally, if one believes that they are not in favor of continuing issue. We are just saying we have a rec- accessibility to medical technology is Medicare. If they are in favor of letting ommendation to the conferees of how as important as the technology itself, Medicare go, then they are correct; but they spend the money. We are not talk- and I cannot imagine anybody who I do not think the majority of the ing about spending any more. And if would argue that it is not, if they can- House is talking about that. you believe your hospitals can do with not get to a doctor or a hospital with a Certainty we are not. And when they less, continue to vote as you have been heart attack in time, they are going to talk about budget issues, make it very voting. Do not instruct the conferees. die. So it really does not make sense to clear, we are proposing to live within But you had better start talking to say this medical technology is impor- the budgeted amount of $400 billion and them because if the conferees insist on tant in and of itself. There also has to not one penny more, period. But what doing it the way they insist on doing be this accessibility issue to be ad- we are saying is that when we are look- it, we risk the whole bill; and nobody dressed, and this bill is not addressing ing at rural hospitals in particular, wants to see that done. this accessibility issue. there are some issues that the con- Mr. CAMP. Mr. Speaker, I yield my- 1330 ferees need to listen to, and yes, one self such time as I may consume. b can make the argument this is proce- Let me just say, Mr. Speaker, that That is why this motion to instruct dural, and I understand that, but when under the Senate approach to the Medi- is important. that conference bill comes back on the care prescription drug bill, one third of But even if you do not believe that floor and we are going to have to vote the beneficiaries will be in a full gov- accessibility is a real goal that we on this issue, I am asking my col- ernment run fallback plan; and if the ought to strive for in America, you leagues, for example, in Kansas 1, 37 government is at risk, the plan will have got the equity argument that the hospitals will lose $21,682,000; Georgia have little incentive to control costs gentleman from Texas (Mr. STENHOLM) 11, six hospitals, $17 million; Texas 19, and would simply process claims. And made. Even if you say we know it may 18 hospitals, $39 million; Texas 23, 11 that is why the nonpartisan Congres- not be fair, but that is just the way it hospitals, $11 million; Indiana 8, 13 hos- sional Budget Office has estimated that is, what about all of the jobs that are pitals, $28 million; North Carolina 8, 12 the Senate provisions would lead to going be lost, jobs of dedicated medical hospitals, $43 million; Minnesota 1, 15 higher prices for beneficiaries and tax- professionals that want to help people hospitals, $45 million. payers and result in over $8 billion in in rural America? They live there vol- I can go on and on on this list. This higher costs; and this would, I think, untarily, they devote their productive is money that would not be coming if be an unacceptable giveaway. The Con- years to curing and helping people who the conferees come back and say mar- gressional Budget Office, CBO, also es- are sick, and they go out the window as ket basket is not applicable. And one timates fewer plans and therefore fewer well when these hospitals close. can say, yes, this is a cut from a rate choices for seniors under the Senate I would just implore the House to of increase; but that is precisely what proposal, and that would be because look at the system of health care deliv- we are talking about in rural areas. We the full-risk plans would be hesitant to ery in our country and realize that this have been cut and cut and cut to the compete against the government con- approach that the majority is taking is point we cannot take any more, and we tractors. shortchanging hospitals, rural hos- have got to have some rationale and And let me just say that the market pitals, and, more importantly, sick reasoning, some logic, now in saying to basket adjustment is just a part of the people all across this country, but par- rural areas, you must be treated fairly; picture in terms of what is being done ticularly in rural areas, and is that the and that is what the best of both the for providers in rural America; and kind of country we want to have? Is House and the Senate bill does. when we add in together the market that the kind of country we can be We are arguing about a philosophical basket update, the standardized proud of? I think not. direction, and with all due respect, I do amounts, the labor share, the Medicare Mr. Speaker, I would urge that this not agree with the direction that the disproportionate-share payment, we motion to instruct be approved when- majority wish to take the conference, are seeing increases over current law in ever we have a vote on it.

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.051 H25PT1 H8928 CONGRESSIONAL RECORD — HOUSE September 25, 2003 Mr. CAMP. Mr. Speaker, I reserve the have Members of Congress in the House in the world they are going to afford balance of my time. and Senate combined, and their finger- the next $1,500? Mr. SANDLIN. Mr. Speaker, I yield prints are all over this bill. The Repub- When you do the math on this, here such time as he may consume to the lican leadership had the nerve to put is what it comes out to. All this talk gentleman from Arkansas (Mr. ROSS), language in this bill that says that the boils down to this. On the first $3,500 one of the people that really has a good Federal Government shall be prohib- worth of medicine that seniors need knowledge in the Congress about the ited from negotiating with the big drug each year, Medicare is going to help issue of prescription drugs due to the manufacturers to bring down the high them with $900 of it. Seniors are still fact that he owns a pharmacy. cost of medicine. That is in the bill. going to get stuck trying to pay $2,600 Mr. ROSS. Mr. Speaker, I thank the Another problem with the bill is of the first $3,500 worth of medicine. gentleman for yielding me time and for privatizing the Medicare prescription When you take the formula, and you offering up this motion to instruct con- drug benefit. There is a very good rea- almost need a CPA to figure it out, and ferees on the Medicare prescription son why they want to do this. You hear you factor in the premium, that is drug bill. about how drugs are cheaper in other what it amounts to. Mr. Speaker, let me tell you that, as countries. They are. It is because Tell me this, $900 worth of help on a the owner of a small-town family phar- America is the only industrialized na- macy, one of the things that I see way $3,500 drug bill, I do not know about tion in the world where people go with- where you come from, but I can tell too often is seniors who walk through out health insurance. That does not the doors of our pharmacy who cannot you, where I come from, that is not happen anywhere else in the industri- going to help my struggling seniors to afford their medicine or who cannot af- alized world. ford to take it properly. choose between their medicine and There 41 million people in America their groceries and their rent and their I live in a small town, a town that without health insurance today; 8.5 lost its hospital back in 1995. Our folks light bill. million are children. Who are the rest now go 16 miles down the road to the I am not going to rest until seniors of them? It is not the folks that do not hospital in Hope, Arkansas. Living in a can walk into the pharmacy of their want to work. If you do not want to small town, I see so many seniors that choice, pull out their Medicare card work, you get on welfare and you get end up 16 miles down the road in the and be treated like they are when they Medicaid. hospital running up a $25,000 or $50,000 go to the doctor and to the hospital. I We are talking about the people that Medicare bill, or requiring $250,000 will continue to fight, and that is ex- are trying to do right and stay off wel- worth of kidney dialysis, or having a actly what we are doing in this motion fare, that are working the jobs with no $50,000 leg amputation, simply because to instruct conferees on the Medicare benefits. But in other countries that they cannot afford their medicine or prescription drug bill. I am going to does not happen. In other countries the cannot afford to take it properly. This continue to fight until we get a plan government says to the big drug com- is America, and we can do better than that is voluntary, but guaranteed, and panies, you give us a discount if you that by our seniors, America’s greatest made available to all seniors who have want your drug in our country, and generation. no help today, while protecting those There has been a lot of talk in Wash- they do. seniors who have help. I want to make ington about trying to help our seniors I did a survey, Mr. Speaker, about a sure that this bill that passes this Con- with the high cost of prescription year ago, where I compared the price gress will not shut down another rural drugs, but that is all we have seen and paid by seniors in my Congressional hospital. District in Arkansas on the five most that is all we have gotten, has been a Mr. CAMP. Mr. Speaker, I yield my- commonly used brand name drugs with lot of talk. self such time as I may consume. When I came to Congress in 2001, I the price paid by seniors in seven other countries. Guess what? Seniors in my Mr. Speaker, this is the third Con- thought if there was one issue that gress where we have attempted to pass would not be partisan, that would not district in Arkansas pay, on average, 110 percent more than seniors pay in a prescription drug bill. The bill that is divide us, but, rather, would be a senior in conference now passed this House issue, this is not about Democrats or these seven other countries. So the drug manufacturers want to with a bipartisan vote. Finally, the Republicans, or at least it ought not other body has acted and also has be, it ought to be about our seniors, privatize this, because they know if we have 40 million seniors under one plan, passed a prescription drug bill. That is and I thought if there was one issue why we are in this meeting called a that could bring us together, it would we, too, will demand these kinds of dis- counts and rebates to help offset the conference, to resolve the differences be to do right by our seniors. But, in- between the two. stead, what we have had offered up by costs of the program. So they want to We have made tremendous bipartisan the Republican leadership is a false privatize it and have 100 different in- progress in that conference. One-third hope and a false promise, nothing more surance companies knocking on your of the bill, approximately, has been than Medicare fraud for our seniors. momma’s door, calling her on the There are several problems with this phone, sending her mail, all trying to agreed to. This is the third time this so-called Medicare prescription drug sell her exactly the same policy. motion has been brought to try to di- bill. Number one, the fund that they Finally, the biggest problem with the vert time and attention away from the want to cut funding for to fund the pre- bill is the benefit itself. There is all progress that has been made in con- scription drug coverage for our seniors, this talk in Washington about helping ference. the Republicans want to cut funding to our seniors with the high cost of pre- I think that if we are serious about rural hospitals to the tune of $12 bil- scription drugs. What does the plan do? trying to enact a prescription drug lion. We have lost 470 rural hospitals in Well, from day one you have got to benefit this year, if we are serious America in the last 25 years. As I men- pay at least a $35 monthly premium, about getting a bill to the President’s tioned earlier, we lost the hospital in although no one can tell us exactly desk, I think it would be important not my hometown of Prescott, Arkansas, how much it will be. Then you will to support this motion. This would lit- in 1995, and I can tell you that is some- have a $250 deductible. Then from $250 erally stop all of the progress that has thing I do not wish on anyone. It is to $2,000, Medicare will kick in at 80 been made, not only in a bipartisan wrong to try and fund this Medicare percent of the cost of its medicine. way between Republicans and Demo- prescription drug benefit by shutting That part sounds pretty good. But crats, but also between the House and down rural hospitals. when you get to $2,000, you have got to Senate. As I say, this has been the Another problem with the bill is this continue to pay the $35 monthly pre- third Congress where we are very close. bill is supposed to be about helping our mium. But, guess what? The senior is One-third of the bill has been decided, seniors. The problem is, it is not a sen- back being forced to foot the entire bill great progress has been made. Let us iors’ bill, it is a bill that has been writ- from $2,000 up to $3,500. Pay the pre- let that progress continue. Vote no on ten by the big drug manufacturers. mium, but get no help. this motion. The drug manufacturers have more If seniors cannot afford the first Mr. Speaker, I reserve the balance of lobbyists in Washington, D.C., than we $2,000 worth of medicine, tell me, how my time.

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.053 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8929 Mr. SANDLIN. Mr. Speaker, I yield 4 Thompson will negotiate something for arm-twisting. So this bill clearly was minutes to my good friend the gen- them. one that did not sail out of this House, tleman from Washington (Mr. Now, we will hear, I am sure, some- and I think that the provisions that are MCDERMOTT). thing is going to pass this Congress, in it are important. Mr. MCDERMOTT. Mr. Speaker, I whether it is any good or not will be First of all, it is, I think, appropriate want to thank my colleague from for the people to decide, because the in this motion to ask that the very Texas for yielding me time. Republicans know they cannot go best provisions of both the House and I am here to say you do not have to home without something. It better be the Senate bill on improving Medicare have a drawl to have this problem in worth something, or else they are payments to health care providers in your State. There are 50 States where going to pay in the next election, be- rural areas be in the final conference this is a problem. I was walking across cause they have been promising, and report, because many of us in rural to my office building a minute ago, and they have no excuse. They have the areas have been hurt by some of the I met a reporter from a major news- Presidency, they have the Senate, they changes and cutbacks in Medicare paper here in the East who said to me, have the House, and if they cannot put funding. I have people come into my of- ‘‘What is going on in the Medicare con- a bill out that does what the people fice all the time from my district who ference?’’ I said, ‘‘I do not know. They need, they need to pay for it at the bal- are administrators of hospitals, who are talking.’’ So he said, ‘‘Well, what lot box. That is what is being set up. tell us that they are having a hard do you hear?’’ I said, ‘‘We do not hear We are instructing them the way to time keeping the doors open and plead- anything on the Democratic side. That go if they want to do what is best for ing with us to try to provide adequate is why we are out here every day trying the American people. But if they want reimbursement for Medicare services in to instruct those people.’’ to do what is best for PhRMA and the our rural hospitals. I went to our Democratic House drug companies, we will continue down It is true that since 1998, 57 percent of Member who is on that conference this path, and no one will know, until the hospitals treating Medicare pa- committee and said, ‘‘What is going one day a bill pops out here, 1,000 tients in this country have lost money, on?’’ He said, ‘‘I do not know. They are pages, and we vote on it, with nobody and that is only the beginning of the not having any meetings where they knowing what is in it. story. As we listen to the individual are discussing anything.’’ hospitals who come and talk to us, b 1345 Now, they have been telling us we are they tell us that they may be closing going to have this bill. But this morn- That will be wrong, and the payment the doors if we do not do better in ing I was in the gym, and as I came out will come at the ballot box. terms of Medicare reimbursements. So of the gym, I met one of my Republican Mr. CAMP. Mr. Speaker, I yield my- this is not a partisan issue; this is a bi- colleagues, and I said to him, ‘‘What self such time as I may consume. partisan issue that particularly affects does this drug thing look like? How I appreciate the gentleman’s com- those of us in rural America. At a time does it look like it is coming?’’ He said, ments and the anecdotal nature of when we are being called upon to spend ‘‘Frankly, I hope it does not pass.’’ I them, but I do know that there was a 10 billions of dollars to reconstruct Iraq, said, ‘‘Really? Why?’’ He said, ‘‘Well, o’clock meeting this morning in Dirk- we do not need to be closing the doors when they hang that doughnut hole sen 215 to brief the staff on the of hospitals right here in America. around our neck in the next election, progress that has been made on the I also think the provision of the mo- we are going to be dead.’’ Medicare bill and to go over issues and tion to reject any cuts that may affect You just heard my colleague from to discuss matters. a rural hospital is an appropriate and Arkansas describe the doughnut hole. But this motion to instruct does not similarly arguable meritorious provi- You have a $3,500 bill, and you get $900 deal with the particulars of the pre- sion to have in this motion. in benefit, and you still have to pay a scription drug benefit, as has been dis- Finally, the guarantee that is in the $35 a month premium. It is a terrible cussed. It really only would provide for Senate bill that there is a fallback to a bill, and the House bill is based on the a government-run fallback in the plan. Medicare prescription drug plan if fact that they hope that the insurance And both bills have prescription drug there are not two plans offered by pri- companies will put something to- plans that assume some financial risk. vate companies in your area seems to gether. The difference is they would ask the only make common sense. After all, The reason we need the best of the government to be the fallback on that, most seniors in this country are happy Senate bill is at least they have a fall- which would really then allow for very with Medicare; and they would be well back position which would allow the little incentive to control costs and pleased, as I have always been, in advo- Federal Government to set one up if would not really be the kind of benefit cating a prescription drug benefit the private sector cannot. that would become available to seniors under regular Medicare. But because Now, the other thing my colleague and be effective. our Republican colleagues have in- pointed out and that needs to be em- So, again, I would urge a rejection of sisted that we have a privatization of phasized, this is so privatized that the this motion to instruct on that basis. Medicare in order to get a prescription House of Representatives said that the Mr. Speaker, I reserve the balance of drug benefit, it seems only to make United States Government, represented my time. common sense that as we enter into by the Secretary of the Department of Mr. SANDLIN. Mr. Speaker, I yield 3 that experiment, if that is the direc- Health and Human Services, Tommy minutes to the gentleman from Texas tion the Republicans choose to lead us, Thompson, cannot negotiate lower (Mr. TURNER), ranking member on the that we have some protection. After prices on the basis of what is good for Committee on Homeland Security. all, it is an experimental venture. In the American people. He is absolutely, Mr. TURNER of Texas. Mr. Speaker, my area we had cutbacks in Medicare by law, prohibited from doing what is I thank the gentleman from Texas, my offerings by private companies. best for the American people. colleague, for yielding me this time on So I think this motion should be well What kind of a plan is that? This is what is a very, very important motion received by both sides of the aisle, and throw the folks into the arms of the to instruct, and one that I would hope I hope it will be adopted. drug companies. They must have writ- would be received favorably by our Re- Mr. CAMP. Mr. Speaker, I yield my- ten every blessed word in it, including publican colleagues, because there are self such time as I may consume. that line. provisions in this motion that I think Mr. Speaker, Medicare, of course, They did not want the Secretary of are important to many of us, particu- with regard to hospitals and providers, Health and Human Services to sit down larly those of us who come from rural reimburses, particularly hospitals, on behalf of 40 million people, because areas. based on a system that on average al- they know what happened to them When we look at what this bill lows them to make a profit under when the Secretary of Veterans Affairs looked like as it left the House, as my Medicare. We are advised in Congress sat down on behalf of the veterans, 5 colleagues will recall, it only passed by by a nonpartisan group of panel experts million of them, and got a huge dis- one vote, and I think it took over an called MEDPAC, or the Medicare Pay- count. They are afraid that Mr. hour to get that one vote after a little ment Advisory Commission. And this

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.055 H25PT1 H8930 CONGRESSIONAL RECORD — HOUSE September 25, 2003 bill, as passed the House, follows their The SPEAKER pro tempore. Pursu- had the Republicans not deliberately recommendation and their advice to ant to clause 8 of rule XX, further pro- ignored the well-being of 12 million Congress, which they made unani- ceedings on this motion will be post- children in its latest tax law. The mously, that Congress increase pay- poned. omission of a provision that would ments by 3 percent, which is what this f have extended a $400 child tax credit to legislation does. We will be spending working families making $10,000 to MOTION TO INSTRUCT CONFEREES billions and billions of dollars on Medi- $26,000 a year was neither an accident ON H.R. 1308, TAX RELIEF, SIM- care. We are trying to do it in a respon- nor an oversight. PLIFICATION, AND EQUITY ACT sible way that follows the advice of the The provision, which had not been in- OF 2003 nonpartisan experts that Congress has cluded in President Bush’s initial $726 looked to in the past to help guide us Mr. PALLONE. Mr. Speaker, I offer a billion proposal or the House Repub- in these matters. motion to instruct. licans’ $550 billion version, was added So again, I would say that there will The SPEAKER pro tempore. The in the other body by Democratic Sen- be a tremendous amount in this legis- Clerk will report the motion. ator BLANCHE LINCOLN. lation for providers, particularly in The Clerk read as follows: Now, why did this considerably small rural areas. I represent a rural area in Mr. PALLONE moves that the manager on provision, $3.5 billion out of a giant Michigan. And just to give Iowa as an the part of the House in the conference on $350 billion tax bill, make the Repub- example, they will ultimately receive a the disagreeing votes of the two Houses on licans chopping block? Well, anyone the House amendment to the Senate amend- who has followed things around the 5.5 percent increase in Medicare pay- ment to H.R. 1308 be instructed as follows: ments above what they would have re- 1. The House conferees shall be instructed House over the last couple of years un- ceived under current law. Again, that to include in the conference report the provi- fortunately knows the answer to that does not include the increases that sion of the Senate amendment (not included question: this House, the people’s they would receive for the 51 critical in the House amendment) that provides im- House, under the Republican majority, access hospitals in Iowa. So there will mediate payments to taxpayers receiving an has been turned over to the powerful still be, I think, a significant help to additional credit by reason of the bill in the and the privileged. Week in and week same manner as other taxpayers were enti- out, the Republican leadership neglects make sure that there will be access to tled to immediate payments under the Jobs health care in rural areas. It is a crit- and Growth Tax Relief Reconciliation Act of middle- and lower-income Americans. ical issue, and this legislation provides 2003. Mr. Speaker, Republicans have a for that. 2. The House conferees shall be instructed chance tonight to begin to rectify that Mr. Speaker, I yield back the balance to include in the conference report the provi- image. First, my motion instructs the of my time. sion of the Senate amendment (not included House conferees to include in the con- Mr. SANDLIN. Mr. Speaker, we have in the House amendment) that provides fam- ference report a provision in the Sen- heard today about the problems in this ilies of military personnel serving in Iraq, ate bill that provides immediate pay- bill. It is important that we stand up Afghanistan, and other combat zones a child ments to the 6.5 million working and credit based on the earnings of the individ- for hospitals, for seniors, and for rural uals serving the combat zone. military families who were initially America. For too long, America’s rural 3. The House conferees shall be instructed left out of the Republicans’ 2003 tax hospitals have received Medicare fund- to include in the conference report all of the bill. ing far below the amount paid for the other provisions of the Senate amendment Mr. Speaker, House Democrats are same service to their urban counter- and shall not report back a conference report fighting to immediately enact the bi- parts. Further, Medicare’s base pay- that includes additional tax benefits not off- partisan Senate-passed bill so we can ment and DSH payments are less for set by other provisions. help the 12 million children that Re- 4. To the maximum extent possible within publicans left behind. Now, I think it is rural hospitals and include an arbi- the scope of conference, the House conferees trary cap. The results are very predict- shall be instructed to include in the con- outrageous that it has been more than able. There has been an overall Medi- ference report other tax benefits for military 3 months since the Senate overwhelm- care operating margin of negative 2.9 personnel and the families of the astronauts ingly passed a measure, 94 to 2, to im- percent, and that has had a terrible im- who died in the Columbia disaster. mediately give an increased child tax pact on rural health care. 5. The House conferees shall, as soon as credit to the millions of children pre- Let us stand up for our seniors. Let practicable after the adoption of this mo- viously left out. If the House Repub- tion, meet in open session with the Senate us stand up for rural hospitals. Let us licans truly wanted to fix this injus- conferees and the House conferees shall file a tice, they would have immediately ap- make sure that we have a prescription conference report consistent with the pre- drug plan that is guaranteed. We know ceding provisions of this instruction, not proved the Senate measure. My motion the cost, we know what it covers, it is later than the second legislative day after simply instructs them to do just that, available, and that does not have a adoption of this motion. so that we can be fair to these working doughnut hole. Let us work together. I Mr. PALLONE (during the reading). families and provide them the same am urging my colleagues to support Mr. Speaker, I ask unanimous consent benefits that many other Americans the motion to instruct conferees, be- that the motion be considered as read received this summer. cause the instructions in this motion and printed in the RECORD. Mr. Speaker, the second part of my are the very ones that are not being The SPEAKER pro tempore. Is there motion instructs the conferees to in- worked out in a bipartisan way or in objection to the request of the gen- clude in the conference report a provi- any way at all by the conference com- tleman from New Jersey? sion included in the Senate bill that mittee. There was no objection. provides families of military personnel The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Under serving in Iraq, Afghanistan, and other SIMPSON). All time for debate has ex- clause 7 of rule XXII, the gentleman combat zones a child credit based on pired. from New Jersey (Mr. PALLONE) and the earnings of the individual serving Without objection, the previous ques- the gentlewoman from Washington in the combat zone. The House Repub- tion is ordered on the motion to in- (Ms. DUNN) each will control 30 min- lican bill contains bad news for the struct. utes. children of the 200,000 men and women There was no objection. The Chair recognizes the gentleman serving in Iraq or other combat zones. The SPEAKER pro tempore. The from New Jersey (Mr. PALLONE). The Republican bill leaves in place cur- question is on the motion to instruct Mr. PALLONE. Mr. Speaker, I yield rent law under which families will face offered by the gentleman from Texas myself such time as I may consume. tax increases because combat pay is (Mr. SANDLIN). Mr. Speaker, I offer this motion to not counted for purposes of the child The question was taken; and the instruct conferees on H.R. 1308, the tax credit. Speaker pro tempore announced that child tax credit bill. My motion makes Now, let me give an example of what the noes appeared to have it. five specific instructions of the House I mean here. Let us take an E–5 Ser- Mr. SANDLIN. Mr. Speaker, on that I conferees. geant with 6 years of service and two demand the yeas and nays. Mr. Speaker, there would be no rea- children who is paid $29,000 a year. The yeas and nays were ordered. son for us to address this issue tonight Generally, both of his children would

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.057 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8931 be entitled to the full $1,000 tax credit; This neglect on the part of the Re- sions included in that legislation, and but if he is over in Iraq for 6 months, publicans has to come to an end this vote no on this motion. his credit would drop to $450 under the evening. It is simply a question of fair- Mr. Speaker, I reserve the balance of House bill. Now, how can we take a ness. How can Republicans say it is fair my time. critical benefit away from the family to give a millionaire a tax break, or a Mr. PALLONE. Mr. Speaker, I yield of a soldier who is now over in Iraq Congressman a tax break, while giving myself 1 minute. risking his life? nothing to millions of working fami- Mr. Speaker, I listened to my col- Third, Mr. Speaker, the motion in- lies. It is time for the Republican ma- league on the other side, and I have structs the House to include in the con- jority to join us in passing this motion heard this so many times now. With re- ference report all of the other provi- to instruct conferees so we can finally spect, the notion that the Republicans sions of the Senate bill and not report resolve this injustice, an injustice that have already passed a bill that is much back a conference report that includes should have been rectified many broader belies the fact that they are additional tax benefits not offset by months ago. not willing to move in the conference other provisions. If my colleagues have Mr. Speaker, I reserve the balance of to do anything. This conference has noticed, in the Senate bill, the $3.5 mil- my time. not even met on this bill. I know this lion for the child tax credit addition is Ms. DUNN. Mr. Speaker, I yield my- gentlewoman is well-intentioned but fully offset. self such time as I may consume. she suggests that somehow the House House Republicans, I believe, are ex- Mr. Speaker, I rise in opposition to Republicans have passed a better bill, ploiting the child tax credit provision the motion. The House has considered well, what good is a House-passed bill passed, and even more tax cuts that similar motion on 14 different occa- versus a Senate-passed bill in any case, will saddle our children with moun- sions in the last month. And just as unless there is actually a conference, tains of debt. The House Republican those previously, this motion will deny and there is an effort to try to come to- bill costs more than $80 billion, while millions of families the relief we have gether and pass a bill that will go to only $3.5 billion is needed to make sure already proposed by broadening cov- the President? that these children and their families erage under the child tax credit. There has been absolutely no effort are treated fairly; and that is fully off- Earlier this year, the House passed on the part of the House Republicans set, as I said, in the Senate bill. I think House bill 1308, the All American Tax to meet in conference or to try to come it is based on a Customs duty or a Cus- Relief Act. This very important legis- to any kind of an agreement with the toms tax. In other words, it does not lation includes increasing the child tax other body, so that we would have a add any money at all to the Federal credit through the end of the decade. bill that is finally passed. And the sug- deficit. We all agree on expanding the gestion that somehow we are going to Now, the House action is particularly refundability of the child tax credit. On include all of these other tax measures reckless and irresponsible considering a bipartisan basis, we want to broaden in additional tax cuts, that is not pos- the Republicans’ tax policies have al- the child credit’s availability to more sible under the circumstances. We ready produced a record $400 billion families. This is one reason why H.R. know that that will simply increase deficit that continues to climb. I think 1308 not only increased the child credit the deficit. It will cost a lot more. And it is almost $500 billion at this point. to $1,000, but also eliminated the mar- the reality is if we are going to do any- Fourth, Mr. Speaker, to the max- riage penalty in the child credit. We thing, the only thing we could possibly imum extent possible within this bill also agree that those serving this Na- do at this point would be to pass the in the conference, the House conferees tion in uniform should receive tax re- Senate version, and they are not will- are instructed to include in the con- lief, including the increases in the ing to do that. ference report other tax benefits for child credit. That is included in House Mr. Speaker, I yield 4 minutes to the military personnel, as well as the fami- resolution 1308. We differ, however, on gentleman from Washington (Mr. lies of the astronauts who died in the how to achieve these goals. MCDERMOTT). Columbia disaster. This vote is not about denying a re- Mr. MCDERMOTT. Mr. Speaker, I And the fifth section of the motion fundable tax credit to certain families. thank the gentleman from New Jersey instructs conferees to, as soon as prac- It is about helping more working fami- (Mr. PALLONE) for yielding me time. ticable, after the adoption of this mo- lies get tax relief for a longer period of And I appreciate his tenacity for bring- tion, meet in open session with the time. A vote for this Democrat motion ing this out here for what I think is the Senate conferees; and the House con- would reduce the child credit to 2 years 22nd time to make a point. Now, the ferees should then file a conference re- instead of maintaining the credit at next few days we are going to work on port consistent with this motion no $1,000 and making it permanent over an $87 billion bill for Iraq. The Presi- later than 2 legislative days from the decade. dent has said we have to give him this today. Who realistically believes we should money. If we do not give it to him, we allow the credit to revert to $700 a year are not patriotic. Anybody who wants b 1400 in just 2 years? to quibble about it or ask questions or Mr. Speaker, this is the 21st motion A vote for this motion would elimi- raise any concerns, is clearly not patri- to instruct that my Democratic col- nate the possibility of more married otic and not supporting the troops. leagues and I have brought to this couples with children receiving the Well, let me tell you something, this House attempting to bring right this child credit. A vote for this motion child tax credit does not go to a family wrong. I have personally been here would deny tax relief to members of whose father or mother is serving in many times to argue this same or a the Armed Forces. Much of the cost of Iraq today making $29,000. Now, my similar motion. How many nights will the House bill goes toward maintaining colleague honestly said, a Congressman we Democrats have to come to this the child credit at $1,000 until 2010. gets it, a Congressman gets it, but a floor to fight for the 12 million children I hope no one will hide behind the sergeant serving in Iraq, getting shot of low-income parents who were ne- rhetoric of deficit reduction. The fact at from every corner, his wife is back glected by the Republicans in their lat- is we should insist on keeping our pro- home someplace at Ft. Hood or what- est tax bill? visions in the bill. ever taking care of kids, and they do I have to say, Mr. Speaker, I am the Mr. Speaker, I do not want to belabor not get it. father of three children, and I received matters that have been exhaustively Now, I know there are going to be a a $1,200 check, $400 for each of the three debated day, after day, after day on the lot of people out here puffing out their children. It pains me to think, based on floor on the many occasions that I ref- chest and talking about how much my income as a Congressman, that erenced. I think it is important for they have cared about the troops and many of my constituents who have folks to realize that all of these provi- how much they care about winning the one, three, or more children were not sions are included in House Resolution war and all the rest, they are going to able to get that $400 per child, because 1308, that the House of Representatives talk about a bill that will have money they certainly need it a lot more than has passed that piece of legislation, in it to build schools in Iraq and to put me. stands behind it and the other provi- the electric lights on in Iraq and

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.059 H25PT1 H8932 CONGRESSIONAL RECORD — HOUSE September 25, 2003 fix up the water system and the sewage we provide additional tax relief for As I said at the start of my com- system. But for kids of the soldiers, members of the Armed Services includ- ments, I think that is what people in there is no money. ing capital gains tax relief on home this country are looking for. They are Now, if that is considered fair by the sales, tax free death gratuity pay- looking for this Congress to make some Republicans, I certainly hope they can ments, and of course, tax free depend- progress, get something done. I encour- explain it to the troops when they ent care assistance which is child care age passage of this motion. come home, how it was that we could assistance, and that these provisions Ms. DUNN. Mr. Speaker, I reserve the spend billions of dollars fixing up Iraq, provide $806 million of tax relief to peo- balance of my time. but we could not give money to the ple who are members of the Armed Mr. PALLONE. Mr. Speaker, I yield wife or the stay-at-home person who is Forces over the next 11 years. myself such time as I may consume. taking care of some military kids, Mr. Speaker, I reserve the balance of Mr. Speaker, I just wanted to point some money to provide better day care my time. out, again, I listened to what the gen- or better child care for them. Mr. PALLONE. Mr. Speaker, I yield 4 tlewoman said in response to the gen- It is so unfair on the face of it, I do minutes to the gentleman from Utah tleman from her home State, and it not know how you can have the gall to (Mr. MATHESON). just seems like it is the same pattern, stand up here and say that you care. If Mr. MATHESON. Mr. Speaker, here it seems like it is the same pattern you do not care about the kids, what we are at the end of September, and I every time we bring up this motion are the fathers over there fighting for, find it pretty remarkable we are still where my colleagues on the Republican or what are the mothers over from talking about this. side of the aisle, and again I am not I am convinced that most people in fighting for? They are fighting for their saying they are not well-intentioned, this country expect us to come back children and their future. And you are but they keep talking about the House here and get something done. I really saying because you do not make bill as a sort of panacea because of the do. When I meet with my constituents enough money, you are not going to fact that it has all these other tax back home, there may be this issue get it. If you make enough, like a Con- cuts, which I think add up to some- that they care about or that issue they gressman, you make whatever we thing like $80 billion in additional debt care about, but at the end of the day, make, you get it. But if you only make that is not paid for. they are looking for people to come $29,000, I guess you are not worth it or And my colleague from Utah made a back here and try to get something your kids are not worth it. very good point when he said we should done. I do not know how they explain that. I supported H.R. 1308, the House be talking not about pie in the sky, but It makes no sense in human terms. It passed-bill. I supported that. I also rec- what is possible. And I think that my may make some budgetary sense when ognize that the United States Senate Republican colleagues know full well you drive the country $500 billion in voted 94 to 2, 94 to 2, to fix this one that there is absolutely no way that an debt in one year, I guess you got to cut problem. If we want to talk about the $80 billion-deficit-creating bill is going somewhere, so let us cut the kids that art of what is possible, and to get to pass the other body and go to the belong to some sergeant or some lance something done, then we ought to sup- President. corporal in the Marines or some chief port this motion we are talking about b 1415 petty officer in the United States right now. That is not going to happen. This can Navy. They do not need it, because we Let us talk about what is fair. Let us be fixed. This problem can be fixed got to buy this other stuff, whatever it talk about what is right, and let us try with the addition of simply $3.5 billion is, in Iraq. to get something done. We are talking which is in the Senate bill, which is That is what is wrong with this bill about folks in a lower-income situa- what my motion asks that be enacted, and has been wrong from the very tion. This was in the bill when the is fully offset I think primarily with start. The people at the bottom, who House and the Senate were first negoti- need it most, do not get it. And they ating this tax cut package this last some provisions with Customs duties. knew that when they came out of the spring. It was taken out, $3.5 billion, That is what is possible. Committee on Ways and Means that which in the grand scheme of the over- It is not possible to talk about an $80 my distinguished colleague from Wash- all cost of the bill was 1 percent, but it billion package, and what is happening ington and I both sit on. They knew it. was taken out. essentially is that the Republicans in They knew they were not going to get But it is a pretty important $3.5 bil- the House are using this as a ruse. this money, and they just glossed it lion, pretty important to those fami- They have no intention of ever passing over and said, well, we do not have to lies of all those kids. It is really impor- this $80 billion bill. If they did, they worry about that. Well, somebody has tant. It is so important, in fact, that 94 would have the conference meet, which to worry about the sergeant’s kids, out of 96 senators thought so and voted it has not. It has not met, and I keep and, boy, it better be the United States to fix this problem. What I do not un- saying that over and over again. They Congress that does it. derstand is, we come over here to the are in the majority. The Democrats are I urge the adoption of the motion. House of Representatives and this in the minority. They control whether Ms. DUNN. Mr. Speaker, I yield my- breaks down into a partisan issue. I do or not the conference is going to meet self such time as I may consume. not get it. It sure was not partisan in and what kind of a bill is going to pass. Mr. Speaker, I think it is important the United States Senate. Everybody, Oftentimes they do not even consult to respond to the point of the military just about everybody other than two, with us; but in this case, the con- families not receiving child credit. sure felt it was the right thing to do. ference has not even met. The House-passed bill, H.R. 1308, does So I would encourage all of us to take So what I keep hearing from my col- not deny the child credit to military a little bit of a step back from the leagues on the other side of the aisle families. Military families, including rhetoric, a little bit of a step back from about the House version, as if it is those who are deployed abroad, are al- trying to pursue what may be the ulti- somehow out there and is going to be- ready receiving a refundable child tax mate and perfect piece of legislation in come law or is something they are credit, and they will continue to re- some people’s eyes. working on, there is no truth to that ceive a refundable child credit under Let us get away from looking at the whatever. the House-passed bill. art of perfection, and let us look at the I just wanted to point out, this is The Democrat motion to instruct art of what is possible. There is no what the Republican leader, the gen- would only increase the refundable question that if the House of Rep- tleman from Texas (Mr. DELAY), said child tax credit to some military fami- resentatives passes this measure and back in June. He said, ‘‘To me it is a lies, by allowing them to take into ac- agrees to go to conference with the little difficult to give tax relief to peo- count income that is currently tax free Senate to move this package for these ple who do not pay income tax.’’ There when they compute their refundable kids that are in that income bracket of are so many speakers, so many Mem- credit if they are in a combat zone. 10 to $26,000, that it is going to get bers on the Republican side that have I think it is important to also bring done. We can get something done made it quite clear over and over again up that in our provision, H.R. 1308, that around here. that they have no intention of moving

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.061 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8933 the legislation. Here are some quotes 3 percent of the total cost of the divi- do not blame them. If I was them and that were made by the gentleman from dend and capital gains provisions. It the majority party was not doing Texas (Mr. DELAY) June 10: ‘‘Ain’t did not take much of an adjustment to something about it, I would certainly going to happen,’’ regarding the Sen- fix this, but I guess adjustments had to make an issue of it, too.’’ ate-passed child tax credit bill. be made. So again, Mr. Speaker, I do not know The gentleman from California (Mr. At a time when American families how many times we are supposed to THOMAS) says in The Wall Street Jour- are struggling to make ends meet, at a come down here on the floor and keep nal June 13: ‘‘There are worse things time when if we really want to stimu- making the point that this is not only than the child tax credit bill not hap- late the economy we would put money an important matter, but this is a mat- pening.’’ in the hands of people who need it most ter that deserves the attention of the Let us see what else we have here. and, therefore, would spend it the Republican leadership, and so far there The gentleman from Missouri (Mr. quickest, at a time when families of has been certainly no indication that BLUNT), the conference leader on the Reservists and other military per- the Republican leadership seeks to ad- Republican side, June 1: ‘‘We will let sonnel are facing financial difficulty, dress this. The only time we hear any- the conference take as long as it at a time when jobs continue to be lost thing from the Republican side is when takes.’’ throughout the country at an alarming we make a motion and my colleagues The conference has not even met. rate, what could be more important on the other side come down here to Mr. Speaker, I yield 4 minutes to the than helping America’s families by oppose it. gentleman from New Jersey (Mr. putting a few extra dollars in their Mr. Speaker, I reserve the balance of HOLT). pockets? my time. Mr. HOLT. Mr. Speaker, I thank my I thank my colleague from the neigh- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE friend and neighbor from New Jersey boring district in New Jersey for yield- The SPEAKER pro tempore (Mr. for highlighting this issue and all the ing me the time. CULBERSON). The Chair would remind good work he does, and let me just pick Ms. DUNN. Mr. Speaker, I reserve the Members it is inappropriate to quote up on the last point he was making balance of my time. communications from Senators in the about whether these child tax credit Mr. PALLONE. Mr. Speaker, I yield context of this debate. benefits should go to families that, in myself such time as I may consume. Ms. DUNN. Mr. Speaker, I yield 3 the words of some in this Chamber, do Mr. Speaker, I wanted to call atten- minutes to the gentleman from Ten- not pay taxes. tion again to the fact that the Repub- nessee (Mr. DUNCAN). I would think that it would be em- lican majority simply does not want to Mr. DUNCAN. Mr. Speaker, I had not barrassing to the authors of the rule deal with this issue and that is why we intended to speak on this matter; but that resulted in this bill that 250,000 have had no conference, and the easiest as I listened to this debate, I decided to children of active duty servicemen and way to point that out is to make ref- make a few comments. -women would not be eligible for this. erence to an article in Roll Call, the There is waste in the private sector, We have heard this before, and at risk Hill newspaper, dated September 10. just like there is waste in the public of repeating some of what the gen- At that time, in that article, the gen- sector; but the waste in the private tleman from New Jersey (Mr. PALLONE) tleman from California (Mr. THOMAS), sector pales in comparison to the waste has said, I really want to emphasize the chairman of the Committee on that is in the public sector. So it has this. I mean, the Children’s Defense Ways and Means, essentially said that been proven all over the world that the Fund and others point out that hun- he was not going to work out the dif- more money that can be left in the pri- dreds of thousands of children of teach- ferences between the separate House vate sector, in whatever country, the ers, nurses, farmers would be left be- and Senate bills and did not want to be better off everyone is, the better off es- hind. bothered dealing with the issue. The pecially the poor and low-income peo- It really gets at the heart of what gentleman from California (Mr. THOM- ple are because more jobs are created, these tax cuts are. They are not to AS) was sent a letter from his counter- the lower prices are; and so all over stimulate the economy. They are not part in the Senate, Senator GRASSLEY, this world it has been proven that the to inject some fairness in a very com- who is the chairman of the finance more money government takes, either plicated tax code. Quite simply, they committee; and in that letter, Mr. legally or illegally or corruptly, that are to provide some benefits to the GRASSLEY basically said that he want- the people who are hurt the most are upper-income segments of American ed to work out the differences between the poor and working people of that society in some misguided hope that the two Houses on the bill. particular country. In every country will trickle down to benefit the fami- In the Roll Call article, Chairman where we have been able to keep the lies of teachers and nurses and farmers GRASSLEY is quoted as saying, ‘‘I sup- amount of the GDP that the govern- and servicemen and -women. It does pose I could call a conference meeting ment takes to a relatively small not work that way. but I am not going to do that unless it amount, the better off everyone is, es- 178,000 children of farming families, is going to be productive, and right pecially the poor and lower-income 567,000 children of nurses or hospital now it does not look like it would be.’’ people. orderlies, 337,000 children of teachers Mr. GRASSLEY is saying that because I am probably one of the least par- are calculated to be left out in this the gentleman from California (Mr. tisan Members of this Congress. I have child tax credit. The rationale given by THOMAS) has simply been uncoopera- been here 15 years. I do not think I the leaders on the other side of the tive and does not want the conference have ever mentioned the word ‘‘Repub- aisle for preventing these families from to meet because he does not want a lican’’ and ‘‘Democrat’’ in any speech receiving the expanded child tax credit bill. that I have ever given, but I mentioned was that the total cost of the tax legis- My motion tonight instructs both to the gentlewoman from Washington lation could not exceed $350 billion the gentleman from California (Mr. State a while ago an article I read a over 10 years. Adjustments had to be THOMAS) and his colleagues in the couple of years ago in the Atlantic made. Adjustments had to be made. So House Republican leadership to stop Monthly magazine, and David Brooks these nurses, orderlies, servicemen and their delaying tactics and to finally sit wrote an article, and he compared -women, farmers, teachers are cat- down with Chairman GRASSLEY. If we Montgomery County, Maryland, one of egorized as adjustments or, more to the look at the motion, it actually calls for the wealthiest counties in this coun- point, their children are somehow less certain actions to take place with re- try, which went 68 percent for Vice worthy and adjusted out of this. gard to the conference. President Gore to Franklin County, Other tax analysts have noted that Mr. Speaker, my Democratic col- Pennsylvania, 70 miles to the north the cost of the tax credit provision of leagues and I are clearly not the only which went 68 percent for President what we are talking about here with ones frustrated. Chairman GRASSLEY Bush. What he said was it is just ex- the gentleman from New Jersey (Mr. expressed his frustration again in that actly the opposite of the image the PALLONE) and this child tax correction, Roll Call article when he stated, ‘‘The media tries to portray or some of those the cost of this correction is less than Democrats will not let it be dead and I on the other side who participate in

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.063 H25PT1 H8934 CONGRESSIONAL RECORD — HOUSE September 25, 2003 what I think has actually been de- $10 and $20-some-plus thousand dollars In sum, Mr. Speaker, we passed a scribed as class warfare. a year. I have no idea how my col- very, very good bill. We passed a bill This author, Mr. Brooks, said that leagues can justify that and say some- with some Democrat support. This se- when he went to Franklin County, how that is class warfare unless it is lecting out of a provision of our bill, Pennsylvania, he tried to find a meal class warfare to help the wealthy on which covers a number of very, very that cost more than $20, he could not. the Republican part. important topics, like providing tax re- The Cracker Barrel was the most ex- b 1430 lief and enhancing tax fairness for pensive restaurant. He said the death members of the Armed Forces, like sus- of Dale Earnhart in Franklin County, I have heard again and again, maybe pending the tax-exempt status of des- Pennsylvania, was a big event. In not so much tonight but on other occa- ignated terrorist organizations, like Montgomery County, Maryland, they sions, this idea on the part of the Re- providing tax relief for astronauts who did not even know who Dale Earnhart publicans that we should not give these die on space missions, and like increas- was. people that are making between $10,000 ing the child tax credit to all people, What I am saying to my colleague is and $20,000 a year this additional tax including the ones he wishes to serve, the most liberal areas in this country credit because they do not pay enough and doing it far more quickly and for a are always the wealthiest areas, and if taxes. And again, on the Democratic greater length of time. they want to talk about class warfare, side, we have made the point that the And so, Mr. Speaker, I encourage a let us talk about it. Our party is very parents of these children do indeed pay ‘‘no’’ vote on this motion. taxes, with 7.65 percent of their earn- much a middle-income, particularly Mr. Speaker, I yield back the balance ings going to pay for Social Security even lower-middle-income party, and of my time. and Medicare. the easier people get money the more Mr. PALLONE. Mr. Speaker, I yield An analysis released earlier this year liberal they are politically. It is just myself such time as I may consume, by The New York Times found that like a kid. If one gives a kid a $20 bill, and again, while I respect the argu- families with pretax incomes of $20,319 it burns a hole in his pocket until he ments that my colleague from Wash- pay more than $2,800 in total taxes. spends it. If he has to go out and earn ington is making on the Republican That is 14 percent of their income. We it, he is a little more careful with the side, I really think it is the wrong ar- are talking about working people. We way he spends it; and our party, the gument to suggest that their bill in- are talking about the very same people Republican Party, we have some people cludes ours and goes further. with money but they are almost al- that my colleague on the Republican side seems to suggest that he rep- The bottom line, and we have made ways people who started with nothing this point over and over again, the or very little and who made some resents or is trying to help. These are not people that are not working or sit- Democrats are being realistic about money. what can be passed. This initiative That is what we are trying to do with ting around, these are working people. began because there was a realization, these tax cuts. We are trying to give Why should I, as a Congressman, or after the Republican tax package people an opportunity to better them- any of my colleagues get the extra passed, that these 12 million children selves, and the people who get the bulk $1,200 and not give it to these people? It at a lower income level were left out. of the tax breaks that we came up with is simply unfair. I think the Democrats The other body made a valiant effort are almost entirely in the middle-in- are simply saying, let us be fair. Let us to say, okay, let us pass a bill that ad- come levels of our society. So we get not discriminate against working peo- dresses this, that makes sure they get pretty tired of hearing all this class ple who happen to be at the lower end the credit, that their parents get the warfare that is going on on the other of the income spectrum. credit, that spends the $3.5 billion that side, when 9 out of the 10 wealthiest Mr. Speaker, I reserve the balance of is necessary but does not add anything contributors politically in this country my time. to the deficit by having it fully paid. are to the Democratic Party. That was Ms. DUNN. Mr. Speaker, I yield my- Now, for the Republicans to come back in an article in the Roll Call newspaper self such time as I may consume. and say, oh, well, that is all fine, but today. So if they want to play class I think it has been an interesting dis- we will go further and come up with an warfare, we can play it; but we should cussion this afternoon. I am glad that $80 billion package that will do a lot not have that on this floor. we had this discussion. I have listened Mr. PALLONE. Mr. Speaker, I yield to what the gentleman from New Jer- more is just a ruse, because they know myself such time as I may consume. sey has said, and some of it has merit, the other body will never pass this. It Again, I respect my colleague who but some of it, I believe, is a flawed ar- is just another budget buster that is just spoke, but I just I cannot believe gument. not paid for that will never go any- his suggestion that somehow the We have included in our proposal, where. Democrats are committing class war- which passed the House by a vote of 224 And the proof of that is that they fare. I mean, it seems to me that what to 201 several months ago, H.R. 1308, all have absolutely refused to even con- the Republicans have done with regard the elements of the gentleman’s pro- vene a conference. The chairman of the to this child tax credit is the classic posal, but our bill is far better and far House Committee on Ways and Means example of class warfare or class dis- superior, and that is what has been has made it clear he has no intention crimination on the side of the wealthy. kept out of this debate. of ever convening the conference, I started out this debate by pointing Our bill increases the child credit to which is really an outrage. out that I, as a Member of Congress, $1,000 per eligible child through the It is an outrage we are here on the who makes, I guess, about $150,000 a year 2010. The Democrat bill ensures House floor, again this evening, talking year, received a check back in June or that the child tax credit stays at the about the exclusion of these 12 million July for $1,200 from my three children, same level only through 2005, and then children. It is an outrage we are forced and I am making $150,000 a year; and at it reverts back to $700. Our bill elimi- to bring up another motion to instruct the same time, the person who is mak- nates the marriage penalty in the tax conferees on an issue that should have ing between $10,000 and $29,000 or what- credit. It raises the phase-out thresh- been resolved 3 month ago. It is an out- ever the figure is, does not get the old for marriage couples. His bill cre- rage that the House and Senate Repub- child tax credit because of the Repub- ates a marriage penalty for married licans, who took less than a week to licans’ unwillingness to provide it to couples because it keeps the income reconcile differences between these two them in this massive tax cut bill that levels below what our bill does. giant $500 billion tax bills, cannot seem they passed. Our bill accelerates the increase in to come to an agreement on a much If it is class warfare, it is class war- the refundable child tax credit so that smaller bill to simply expand the tax fare on the Republican side because the 15 percent rate takes effect in 2003 credit to the parents of children earn- they want to give the money to instead of having to wait until 2005. His ing between $10,000 and $26,000. wealthy people or certainly higher-in- bill requires that the rate schedule be It is an outrage that my Republican come people and not give it to the phased in and not become 15 percent colleagues seem content to leave Wash- working person who is making between until 2005. ington, yes, it is another day, we are

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.066 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8935 leaving for another week without re- tleman from Virginia (Mr. WOLF) is Christian house churches, have refused, un- solving this injustice. And, Mr. Speak- recognized for 5 minutes. derstandably fearful that providing member- er, it is an outrage that President Mr. WOLF. Mr. Speaker, what is ship rosters would lead to regular surveillance Bush, who last month advised House America if not a Nation that stands up by party and government agencies. Republicans to pass this child tax cred- for basic decency and human rights? The government’s policy of designating reli- it legislation and send it to him so he What is America if it is not a people gious or spiritual organizations as ‘‘cults’’ has can sign it, now sits silently as con- that speaks out for those who cannot led to tragic outcomes for millions of religious gressional Republicans do nothing. I speak out for themselves? And what believers. All too often victims are sentenced have not heard anything from the will America become if we fail to speak to ‘‘re-education through labor camps,’’ admin- President. His silence is an indication out against dictators and despots who istered by the notorious Ministry of Public Se- of his true intention. A very good indi- oppress and brutalize their own people? curity, which appears to perpetrate human cation, I think, that he is not truly China has for too long been at liberty rights abuses with absolute impunity. Persons looking to pass this legislation either. to detain and torture and intimidate adhering to ‘‘unacceptable’’ faiths have been And, finally, Mr. Speaker, I think it and oppress good men and women for given prison sentences of up to three years is outrageous not one Republican on their religious beliefs. As the world’s without a right to a hearing, without counsel the other side comes down here and greatest democracy and the symbol of and without judicial determination of their talks about this other than when the hope for millions, America has a duty cases. Democrats bring it up, and they come and an obligation to speak out for the There are at least 30 million Protestant down to oppose our motion to instruct. oppressed people of the world. We fail Christians in China. Mostly, believers belong I do not know how many times I am in our duty if we do nothing. to independent house churches. Purely on ac- going to have to join my Democratic It was the British philosopher and count of their faith, properties belonging to or colleagues here on the floor to point statesman Edmund Burke who said used by such groups have been confiscated, out the unfair treatment these hard- that Representatives owe you not just closed, or destroyed and members have been working American families received their industry but also their judgment. detained, tortured, and subjected to other with the passage of the Republican tax As Representatives and beholders of bill. forms of government harassment. American ideals, we should speak out All we are asking for, Mr. Speaker, is In June 2003, 12 members of a house fairness. How can Republicans say it is on the issue of the persecution of those church in Guna Village in Yunnan province fair to give a millionaire a tax break of of faith in China. were arrested after they sought registration The litany of abuses committed by more than $90,000, or a Congressman with the local government. On June 6, in re- like myself a tax break, while giving the Government of China toward its sponse to the government’s ‘‘invitation’’ to nothing to millions of working fami- own people is long and senseless. I re- complete the registration process, the 12 lies? I do not think we should leave cently held a meeting with a number of church leaders were arrested for engaging in this city until this injustice is cor- groups who have spent years in docu- ‘‘feudalistic superstition.’’ Eight of the 12 were rected, and we will certainly be back menting the numerous abuses com- immediately sentenced to three years in ‘‘re- again to make the point. mitted by the Chinese Government education through labor’’ camps, while the Mr. Speaker, I yield back the balance upon the Chinese people. In the coming other four were indicted and are being held for of my time. days, I will be highlighting the plight trial. The SPEAKER pro tempore (Mr. of different groups of long-suffering In late August 2003, local officials arrested CULBERSON). All time has expired. Chinese people so that colleagues can 170 house church Christians in Nanyang Without objection, the previous ques- better understand the depth of this county, Henan province after local police re- tion is ordered on the motion to in- problem in China. The material I will portedly raided the meeting place where the struct. be submitting today was prepared by worship service was being conducted. The re- There was no objection. the International Religious Freedom port indicates that the 14 leaders of the group The SPEAKER pro tempore. The Commission, and I hope Members will are currently being held in detention, possibly question is on the motion to instruct read it. facing serious charges, while the other mem- offered by the gentleman from New As I close, 10 Catholic bishops are in bers were released after having been fined, Jersey (Mr. PALLONE). China today under house arrest, and fingerprinted, and warned against continuing The question was taken; and the this government, our government, our their activities. Speaker pro tempore announced that Congress and the administration, does The Chinese Communist state has, since the noes appeared to have it. not act. The Protestant Church is the 1950s, banned the Roman Catholic Mr. PALLONE. Mr. Speaker, on that being abused and beaten in China and Church, replacing it with the state-approved I demand the yeas and nays. The yeas and nays were ordered. we have refused to speak out. The Chi- Catholic Patriotic Association. Through this The SPEAKER pro tempore. Pursu- nese have plundered Tibet, and yet the state organization, the Communist government ant to clause 8 of rule XX, further pro- West is quiet. Muslims are being per- has claimed the exclusive right to appoint Chi- ceedings on this motion will be post- secuted in the northwest portion of nese bishops. Most Chinese clerics, however, poned. China, and yet the West speaks out not have refused to accept the legitimacy of gov- at all. The Falun Gong are being per- ernment appointees. As a result, many Roman f secuted almost on a daily basis. Catholic bishops and priests have been har- SPECIAL ORDERS I think this is an opportunity to assed, detained, or imprisoned. The SPEAKER pro tempore. Under hear, in their own words, what all of According to the Cardinal Kung Foundation, the Speaker’s announced policy of Jan- these groups have to tell us in the Con- a number of Catholic bishops and priests who uary 7, 2003, and under a previous order gress and us in the United States and refuse to submit to government tutelage re- of the House, the following Members us in the West about what is taking main in prison or in detention and the status will be recognized for 5 minutes each. place, so that we know we should speak of other priests and lay persons remains un- f out on their behalf, particularly next known. As of August 2003, at least 10 Catho- The SPEAKER pro tempore. Under a year when the Geneva resolution with lic bishops, including Bishop Su Zhimin, previous order of the House, the gentle- regard to condemning China on human whose whereabouts are unknown, are impris- woman from Tennessee (Mrs. rights comes up. oned, in detention, under house arrests, or BLACKBURN) is recognized for 5 min- Depending on the religious organization in under surveillance. utes. question, the Chinese government provided In Tibet, Buddhist monks and nuns serve (Mrs. BLACKBURN addressed the various justifications to defend its policy of re- lengthy sentences for voicing their allegiance House. Her remarks will appear here- pression. Its action to restrict religious belief to the Dalai Lama. In point of fact, the great after in the Extensions of Remarks.) and practice, however, go far beyond what is majority of Tibetan political prisoners are f necessary to protect legitimate state interests. monks and nuns. Since 2001, the Communist government has The longest-serving Tibetan political pris- RELIGIOUS FREEDOM IN CHINA engaged in a persistent campaign of banning oner, Tagna Jigme Zangpo, was granted a The SPEAKER pro tempore. Under a some religious groups while insisting on reg- medical parole to come to the United States in previous order of the House, the gen- istration for others. Many groups, particularly summer 2002 when he was in the middle of

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\K25SE7.068 H25PT1 H8936 CONGRESSIONAL RECORD — HOUSE September 25, 2003 a 28-year sentence before his ‘‘early’’ release. failure. Last month, his son Ilham was Heydar Aliyev was tantalizingly close Ngawang Sandrol, a member of the famous appointed as Prime Minister. This to reaching a settlement with Arme- Tibetan ‘‘Singing Nuns’’ who was released last would seem only appropriate at first, nian President Robert Kocharian in year, had served over 10 years in the infa- unless you consider that a recent ref- Key West in 2001, but those negotia- mous Drapchi Prison before her release. Ac- erendum forced through the electorate tions soon fell apart when Aliyev re- cording to the Tibet Information Network, the changed the line of succession from turned home. Since then, Aliyev and State Department, and the testimony of former Speaker of the Parliament to Prime Kocharian have met many times, but Tibetan nuns like Ngawang Sandrol, many of Minister. This was widely criticized at resulted in no progress. these prisoners have been severely beaten the time by domestic Azerbaijani oppo- The Organization for Cooperation and subjected to other extreme forms of pun- sition groups and the international and Security in Europe’s Minsk Group, ishment. Some have died in prison. community as a clear way for Presi- which is charged with moving the two The Chinese government has denied re- dent Aliyev to set up a dynastic re- parties towards peaceful settlement, peated requests, including from the U.N. High gime. Unfortunately, as President has been increasingly frustrated with Commissioner for Human Rights, for access to Aliyev has become incapacitated dur- the process. Ilham has recently taken a the 12-year-old boy whom the Dalai Lama rec- ing his treatment, the predictions have much harder stance on the Karabakh ognizes as the 11th Panchen Lama. Govern- come true. His son Ilham is now in di- issue than did his father, and this is of ment officials have stated that he is being rect line to take over the Presidency great concern to me. ‘‘held for his own safety,’’ while at the same from his father. Mr. Speaker, it is clear that the time insisting that another boy is the true Pan- The partnership, Mr. Speaker, of the Aliyev family is on their way to estab- chen Lama. father and the son is not only limited lishing the first dynastic regime in the The Chinese government’s official ban on to the fact that Azerbaijan will be the former Soviet Union. Not only is this a the Falun Gong movement, in 1999, has first monarchy established in the concern for the entire Caucasus region meant heightened government repression for former Soviet Union. A Financial but also other leaders in the former So- all religious organizations designated by the Times article on September 13, 2003, viet Union that must be watching the government as ‘‘cults.’’ According to Falun clearly shows that power is not the United States’ reaction to this. The Gong practitioners, as many as 100,000 of only object of the Aliyevs’ desire. Both message that is sent is not positive. their members have been sent to labor camps were implicated in a court case that How can we be supportive of this? without trial. They claim that as many as 700 was unsealed in New York this week. Families in the Middle East that may have died as a result of police brutality The actual case had been filed against have controlled vast oil revenues have either while in prison or after their release. a Swiss banker by the name of Hans scarred the last century with wars and In largely Muslim Xinjiang, religious freedom Bodmer. In the indictment, he alleg- oppressive regimes. Members of the is severely curtailed by the government, which edly conspired to facilitate the partici- Bush administration know this better indiscriminately links Muslim religious expres- pation of foreign citizens in Azer- than anyone. The current Secretary of sion with ‘‘separatist’’ or ‘‘terrorist’’ acts. The baijan’s privatization process of the Defense, Donald Rumsfeld, visited Iraq indiscriminate repression of the Uighur people state-owned oil company, often re- with a delegation in 1988. They met is best exemplified by the arrest and imprison- ferred to by its name, SOCAR, through with Saddam Hussein and decided that ment of Rebiya Kadeer, a prominent Uighur improper payments made to Azer- the stability of his regime and oil rev- businesswoman and activist, who was ar- baijani officials. enue was more important than his lust rested in 1999 after she met with a visiting This would most likely not have for power, whatever the cost. We are U.S. congressional delegation. Close super- come to light were it not for the fact now paying for that tragic mistake vision of all mosques in the region by local that Heydar and Ilham Aliyev had with the lives of our Nation’s sons and Communist Party officials is now common- never intended to privatize the oil daughters. place. company in the first place. Instead, It is time for the administration to China repeatedly engages in severe—sys- they stole over $100 million in the form change its tune on the corrupt and op- tematic, egregious—violations of religious free- of vouchers that were designed to give pressive Aliyev regime. Though sta- dom. If our ideals and what America stands the purchaser disproportionate influ- bility may be the temporary result of for—both at home and abroad—are to mean ence over the privatization process. All the President’s support, the end result anything, then we must not shrink from this of this was alleged to have happened could destabilize the entire region. issue. We must not allow human consider- while Ilham Aliyev was the head of f ations to come secondary to the pursuit of SOCAR, a position his father bestowed MESSAGE FROM THE SENATE trade. on him to apparently prepare him for We must dare to speak out for those who his job as heir apparent of the country A message from the Senate by Mr. have no voice. of Azerbaijan. Monahan, one of its clerks, announced f Mr. Speaker, this is a clear example that the Senate agrees to the report of of this administration’s misguided the committee of conference on the THE SYSTEMATIC CORRUPTION OF policies when it comes to countries disagreeing votes of the two Houses on THE ALIYEV DYNASTY that are oil rich. The day that Ilham the amendment of the Senate to the The SPEAKER pro tempore. Under a ascended to his post and forced the bill (H.R. 2658) ‘‘An Act making appro- previous order of the House, the gen- former Prime Minister from office, priations for the Department of De- tleman from New Jersey (Mr. PALLONE) President Bush sent a letter of con- fense for the fiscal year ending Sep- is recognized for 5 minutes. gratulations to him. This is clearly not tember 30, 2004, and for other pur- Mr. PALLONE. Mr. Speaker, I come in the interest of democracy that the poses.’’. to the floor this afternoon to address President of the United States has f what I consider one of the largest po- touted lately in regards to the Middle tential factors for destabilization in LACK OF DIVERSITY IN COLLEGE East. How can this administration AND UNIVERSITY FACULTIES the entire Caucus’ region: The system- have separate distinctions about what atic corruption of the Aliyev Dynasty is democracy and what is not? The SPEAKER pro tempore (Mr. currently ruling Azerbaijan. It seems increasingly clear what the CULBERSON). Under a previous order of I have highlighted the problems with answer is. Those countries that have the House, the gentleman from Ten- President Heydar Aliyev for years now, significant resources that are sent to nessee (Mr. DUNCAN) is recognized for 5 but his health has deteriorated re- western markets are allowed to be less minutes. cently, and that has put the future of Democratic than those that do not. Mr. DUNCAN. Mr. Speaker, I rise Azerbaijan and the entire Caucus re- today to speak on two very different gion in doubt. b 1445 and unrelated topics, Mr. Speaker, but In July of this year, President Aliyev Now, Mr. Speaker, I am also very both are certainly of national impor- suffered what has been described by the concerned about what the Aliyev re- tance. Cleveland Medical Center, where he gime plans to do about the resolution First, almost every college and uni- currently resides, as congestive heart of the Nagorno Karabakh conflict. versity in this country receives very

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.018 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8937 large amounts of Federal money Christians have sensed that they are tion, would make our power both more secure through grants, appropriations, or stu- not welcome at places like Brown or and less expensive. dent loan money. Yet, there is in some other elite universities so they do not f ways a one-sided brainwashing of stu- even consider working there. In fact, AMERICA FIRST dents on many campuses today because any registered Republican who con- of the lack of true diversity in college templates a career in academia these The SPEAKER pro tempore. Under a and university faculties. days is both a hero and a fool. previous order of the House, the gen- There is also a lack of true academic ‘‘So, in a semi-self-selective pattern tleman from Oregon (Mr. DEFAZIO) is freedom because conservative students brainy people with generally liberal so- recognized for 5 minutes. generally feel they cannot express cial mores flow to academia and brainy Mr. DEFAZIO. Mr. Speaker, well, the their true views on papers or in person people with generally conservative President has asked the United States without being penalized on their mores flow elsewhere. Congress in the name of the American grades. ‘‘The dream of diversity is like the people to borrow $87 billion to continue Possibly the group most discrimi- dream of equality. Both are based on the actions in Iraq and to rebuild the nated against today is conservatives ideas we celebrate even as we under- nation of Iraq. That is going to be paid who wish to teach on college campuses. mine them daily. On the one hand, the for by a couple of generations of work- They simply are not welcome, to put it situation is appalling. It is appalling ing Americans, and there are an awful lightly, especially at left-wing colleges that Americans know so little about lot of questions about the request by like Berkeley, Oberlin, Antioch, and one another. It is appalling that many the President. many, many others. of us are so narrow-minded that we Now, let us look at some of the de- I wish our colleges and universities cannot tolerate a few people with ideas tails here: $20.3 billion to rebuild Iraq would make true diversity a major goal significantly different from our own. It borrowed by the American people and and hire a few token conservatives at is appalling that evangelical Christians sent to Iraq, perhaps utilizing some least. I wish so many college and uni- are practically absent from entire pro- U.S. contractors such as Halliburton. versity faculties were not so intolerant fessions such as academia, the media, Here are some of the things we are toward conservatives. and filmmaking. It is appalling that going to pay for: $20 million for execu- I wish the speakers who are invited people should be content to cut them- tive job training, a 4-week class at the to speak at graduation ceremonies or selves off from everyone unlike them- cost of $10,000. I have community col- major college speaking programs were selves.’’ That is, as I said, quoting from leges in my district that would provide not 100 to one or more liberal to left- an article in the September issue of the that same class for a tiny fraction of wing. Atlantic Monthly magazine. that cost whose budgets are under- What has spurred these comments, VULNERABILITY IN FUTURE ELECTRICAL funded because of the cuts in the Fed- Mr. Speaker, is an article in the Sep- BLACKOUTS eral Government’s spending on edu- tember Atlantic Monthly magazine, Mr. DUNCAN. Mr. Speaker, the Asso- cation. $10,000 a person for a 4-week certainly not recognized as any con- ciated Press reported a few days ago class, send them to my community col- servative-type publication, but this ar- that the fix for the recent blackout in lege. We can house them and educate ticle said, ‘‘It is striking that the insti- the Northeast ironically may make us them for a lot less. tutions that talk the most about diver- even more likely to have such black- Then we have the $100 million for the sity often practice it the least. outs in the future. The AP story said witness protection program. What wit- ‘‘For example, no group of people the proposed improvements ‘‘are mak- nesses? Well, the witnesses that might sings the diversity anthem more fre- ing the electricity supply vulnerable to come forward to tell us something quently and fervently than administra- a different kind of peril: computer vi- about the nonexistent weapons of mass tors at our elite universities. But elite ruses and hackers who could black out destruction, among other things. That universities are amazingly undiverse in substations, cities, or entire States.’’ will be to pay for 100 Iraqi families at Now, I know that everyone is sup- their values, politics and mores. Pro- $1 million each. In the United States of posed to worship the computer god fessors, in particular, are drawn from a America when we put people in the wit- today, and I know computers can do rather narrow segment of the popu- ness protection program, it generally miraculous things that make our lives lation. costs $120,000 per family. So it is going better in many ways. But when we de- ‘‘A recent study found that roughly to cost us roughly eight times more per cide what to do about the recent black- 90 percent of those professors in the family, but I guess that is because of outs, surely we should not allow love arts and sciences who had registered the high cost of living in Iraq, or the for computers to make us even more with the political party had registered life-style to which they would like to vulnerable in the future. Democratic. Fifty-seven professors at To quote the AP story, it says, ‘‘In become accustomed. Again, the Amer- Brown were found on the voter reg- the past the grid’s old electro-mechan- ican people will borrow this money, or istration rolls. Of those 5,4 were Demo- ical switches and analog technology the President is asking Congress to crats. Of the 42 professors in the made it more or less impervious to borrow it on behalf of the American English history, sociology and political computer maladies, but now switches people. science departments all were Demo- and monitoring gear can be upgraded It is going to cost $255 per person in crats. and programmed remotely with soft- Iraq to rebuild the electricity infra- ‘‘The results at Harvard, Penn State, ware and that requires a vulnerable structure. They said we are not just re- Maryland, and the University of Cali- connection to a computer network. If building the bomb damage; they have fornia at Santa Barbara, other univer- that network runs on Microsoft Corp. this horribly outdated system, and we sities that were in the study were simi- operating systems, which virus-writers have to rebuild it. lar to the results at Brown.’’ favor, or connects to the Internet, the Mr. Speaker, guess who else has a This article continues, ‘‘What we are vulnerabilities are increased.’’ horribly outdated electricity infra- looking at here is human nature. Peo- Also, we should not have an electric power structure system? The United States of ple want to be around others who are grid that is nationwide—even though that has America. Did the President notice that roughly like themselves. That is called some advantages—because a nationally inte- the lights went off in one-third of the community. It probably would be psy- grated system also makes us even more vul- country? Also, we had a big blackout in chologically difficult for most Brown nerable. the West a few years ago. Our system is professors to share an office with some- It is ridiculous that we have allowed our- operating on the edge. What is the one who was pro-life, a member of the selves to get into a situation where a minor in- President proposing here, $255 will be National Rifle Association, or an evan- cident in suburban Ohio can black out almost borrowed for each Iraqi by the Amer- gelical Christian. the whole Northeast, and part of Canada, and ican people, sent to Iraq to rebuild ‘‘It is likely that hiring committees cause 40 to 50 million people to lose their their electricity infrastructure, and would subtly, even unconsciously, power. the President is asking for 71 cents on screen out any such people they en- Bigger is not always better, and smaller, behalf of every American here in the countered. Republicans and evangelical more independent utilities, with free competi- United States.

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.075 H25PT1 H8938 CONGRESSIONAL RECORD — HOUSE September 25, 2003 It will cost $45 million to further im- either Afghanistan or Iraq. In the year ask the House leadership to please be- prove the already fully functioning 2001, there were 292 families that re- fore we leave in November bring up port of Umm Qasr while the President ceived a bill from Uncle Sam in the H.R. 693, stand-alone bill. I have got is proposing zero dollars to dredge way of a tax because their loved one many supporters from the Democratic ports in my district and elsewhere in died in uniform fighting for freedom. In side and the Republican side. Bring it the United States because he says we the year 2002, there were 1,007 families to the floor, and let us morally do what cannot afford it. He is asking to borrow that received a bill from Uncle Sam be- is right for those families who have $45 million and send it to Iraq to fur- cause their loved one died in uniform given their loved one. ther improve their ports, but he cannot for freedom. Mr. Speaker, I actually wrote the find a penny for ports in the Pacific Already in 2003, it is well over 280 President of the United States on Sep- Northwest and other parts of the families. tember 17 and asked him to please use United States. Mr. Speaker, the history on this the executive office to contact the It is going to cost $150 million for a issue is that prior to 1991 or 1992, there leadership in the House and the Senate, national 911 system in Iraq. Mr. Speak- was a $3,000 death gratuity that was both parties, to move this legislation. er, is that so they can call the next given by the government to the fami- In the last paragraph I wrote this sen- time a rogue regime uprises? What does lies whose husband or wife or daughter tence to the President of the United this have to do with the war? The or son died in uniform. It could be in States: ‘‘Given the very little time left American people are going to borrow an accident or war situation. in this legislative session, failure to do $150 million because the President b 1500 so will result in more American mili- wants it, send it to Iraq to give them a The Congress in the early 1990s in- tary families not only giving a loved 911 system. creased that from $3,000 to $6,000, but one for freedom but also suffering the Job centers, 22 centers, $350,000 each. what happened is it did not go through unacceptable indignity of being taxed If we took the $20.3 billion the Presi- the proper committee to take the tax on that gift.’’ dent wants this Congress to borrow and off. Mr. Speaker, we do a lot of good spend on behalf of rebuilding the na- So, Mr. Speaker, I have a bill that is things around here and a lot of things tion of Iraq, if we matched that dollar H.R. 693 to repeal this tax; and in fair- we debate. We disagree, both parties per dollar in the United States of ness to the committee and to both and within our own parties. But this is America, if we borrowed $20.3 billion to sides, it has been supported by both one of those issues that it is simple. It rebuild the infrastructure system in sides. The committee of jurisdiction, is morally the right thing to do. the United States, we could put 1 mil- the Committee on Ways and Means, in- Mr. Speaker, I close by asking God to lion Americans to work in the very cluded this language in a larger pack- please bless our men and women in uni- near future, in addition to investing in age to bring tax relief to the military, form and, God, please bless America. our future, our economic productivity, which was fine with me; but the Senate f our ports, our highways, our water sys- will not move the legislation. Mr. QUESTIONS FOR THE BUSH tems, our electricity grid. Speaker, I think it is absolutely unac- ADMINISTRATION It is one thing to borrow money to ceptable, deplorable that we do not invest in the United States of America; take this tax off the families who are The SPEAKER pro tempore (Mr. it is another thing to indebt the next giving loved ones. MCCOTTER). Under a previous order of two generations of Americans to bor- Let me show a photograph of a young the House, the gentleman from Wash- row money to spend rebuilding Iraq. boy whose name is Tyler Jordan. This ington (Mr. MCDERMOTT) is recognized Mr. Wolfowitz told us they can pay for was a shot in a national newspaper for 5 minutes. their own reconstruction. I guess that that I saw, and I was so touched by it Mr. MCDERMOTT. Mr. Speaker, guy made about a $50 billion mistake that I wanted to have a copy of it. Ty- today in my e-mail I got five separate that is going to cost the American tax- ler’s father was a gunnery sergeant copies of an article that was put in the payers, but he is still held in highest named Phillip Jordan. He was killed in Atlanta Journal Constitution by a man esteem by the Bush administration. He Iraq. In the photograph of Tyler, he has named Max Cleland. Max Cleland is a is still working there. He is still pump- an American flag that was taken off Vietnam vet who lost his legs and one ing out the same mistakes. How many his father’s coffin under his arms and arm. He is a triple amputee, was a more billions will he cost us before the he is looking at the father’s coffin. United States Senator, and in the last President demands his resignation. How tragic that is within itself, but campaign they attacked him for being This is outrageous that the American adding to that tragedy is that next unpatriotic. Max is a hero in my book. people are being asked to borrow this year his family is going to get a bill The fact that he would raise questions money. Instead of borrowing money, from Uncle Sam, a bill of $6,000, which about what the President of the United investing in infrastructure and putting is not enough; but we need to take this States is doing in Iraq and Afghanistan a million Americans to work here, he is tax off so that the families who have did not make him unpatriotic. proposing more tax cuts. His last tax lost loved ones will not be paying a We are going to have a bill out here cut, the dividend tax cut, returned 5 penalty for giving the loved one who in a few days for $87 billion, and the cents on the dollar to the United died for freedom and died for this coun- same White House is going to attack States economy. If it is spent on infra- try. all of us if we raise any questions. structure, we get $7 for every dollar This week I received an e-mail from Max’s article starts with an erie kind borrowed. the father of Sergeant Jacob Frazier, of quote: ‘‘The public has been led into Mr. Speaker, let us get our priorities and I want to read this, Mr. Speaker. It a trap from which it will be hard to es- straight: America first. says, ‘‘Thank you for your support of cape with dignity and honor. They have been tricked into it by steady f H.R. 693. Our son, Sergeant Jacob Frazier, was killed in action on March withholding of information. The Bagh- REPEAL DEATH GRATUITY TAX 29, 2003, in Afghanistan. Upon being dad communiques are belated, insin- The SPEAKER pro tempore. Under a told we would be taxed on a portion of cere, incomplete.’’ These ‘‘things have previous order of the House, the gen- the $6,000 benefit, I was shocked and in- been far worse than we have been told, tleman from North Carolina (Mr. sulted. My son was not married, but I our administration more bloody and in- JONES) is recognized for 5 minutes. am sure that there are numerous efficient than the public knows. We are Mr. JONES of North Carolina. Mr. young widows that do not need another today not far from a disaster.’’ That is Speaker, I am back on the floor today complication in their lives. Our coun- a quote from a guy named T.E. Law- to talk about the repeal of the death try should not add to their burden with rence, Lawrence of Arabia, the Sunday gratuity tax on the families who have additional taxation. Let me know if I Times of London, August 22, 1920. given their loved ones to die for free- can do anything to help you here in Il- The British know what they are into dom in America. linois to get this bill passed.’’ and they know where they have been; Mr. Speaker, behind me are the faces Mr. Speaker, I am going to call on and if we take that quote and then ask of just a few of those who have died in the House leadership, both parties, and ourselves what have we been told, we

VerDate jul 14 2003 23:45 Sep 25, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.076 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8939 have been told that the mission has troleum Support), Hunter Army Airfield, Ga. think it was, a government telling you the been accomplished. The President went Died in attack on truck Sept. 10. Home: truth? Why should they do that? out and said it is all over. There have Macomb, Ill. At summer’s end, suspicions rose. It was been 304 people killed in Iraq, 167 of Staff Sgt. Joe Robsky, 31, 759 Ordnance time to change the lie before it became a li- Co., Fort Irwin, Calif. Home is a mobile ability. How do you do that? By using the ul- them, more than half, since the mis- home park trailer in Elizaville, N.W. Died in timate con: telling the truth. sion was accomplished. It was this Baghdad while trying to defuse a homemade Here in the world of professional lying is President on October 14, 2002, who said, bomb on Sept. 10. He volunteered for this how you use the truth to defuse a lie when it ‘‘This is a man,’’ meaning Saddam, duty because he didn’t want children killed becomes dangerous to keep: Suddenly, Don- ‘‘that we know has had connections by land mines. ald Rumsfeld on Sept. 16 announced, ‘‘I’ve with al Qaeda. This is a man who, in Sgt. Henry Ybarra III, 32, D Troop, 6th not seen any indication that would lead me my judgment, would like to use al Squadron, 6th Calvary. Home: Austin, Texas. to believe that I could say that Saddam Hus- Died when truck tire exploded, Sept. 11. sein was involved in the Sept. 11 attacks.’’ Qaeda as a forward army.’’ Mr. Rums- Marine Sgt. Kevin N. Morehead, 33 3rd Bat- That same day, Condoleezza Rice jumped feld followed him right up and said, talion, 5th Special Forces Group. Home: Lit- up and chirped, ‘‘And we have never claimed ‘‘Yes, there is a linkage between al tle Rock, Ark. Died of wounds received when that Saddam Hussein had either . . . direc- Qaeda and Iraq.’’ And Condoleezza raiding enemy forces. tion or control of 9/11. What we’ve said is Rice, not to be outdone, said, ‘‘There Sgt. 1st Class William M. Bennett, 35, 3rd that this was someone who supported terror- have been contacts between senior Battalion, 5th Special Forces Group. Home: ists, helped train them.’’ Iraqi officials and members of al Qaeda Little Rock, Ark. Died of wounds received And then the next day, George Bush said, going back for actually quite a long when raiding enemy forces. ‘‘There’s no question that Saddam Hussein Sgt. Trevor A. Blumberg, 22, 1st Battalion, has al-Qaida ties. We have no evidence that time.’’ 504th Parachute Infantry Regiment, 82nd Saddam Hussein was involved with the Sept. And then their story started to un- Airborne, Fort Bragg, N.C. Home: Canton, 11 attacks.’’ ravel. On September 16 of this year, al- Mich. Died in attack on his vehicle in Bagh- So the three now say that they never said most 11 months later, the President dad on Sept. 14. that Hussein was involved in the World comes out and says, ‘‘I have not seen Staff Sgt. Kevin C. Kimberly, 31, 4th Bat- Trade Center attack. Look up what we said. any indication that would lead me to talion, 27th Field Artillery Regiment, North We never said it. believe that I could say that Saddam Creek, N.Y. Killed when his vehicle was hit Of course they did. Anybody who thinks by rocket-propelled grenade while on patrol they didn’t is a poor fool. Take a half-word Hussein was involved in the September in Baghdad Sept. 15. out of a sentence, replace it with a smug 11 attacks.’’ Condoleezza Rice jumped Spc. Alyssa R. Peterson, 27, 311 Military smile or chin motion and the meaning is up again: ‘‘And we never claimed that Intelligence Battalion, 101st Airborne Divi- there. Saddam was in on the Trade Center Saddam Hussein had either . . . direc- sion, Fort Campbell, Ky. Home: Flagstaff, with bin Laden. Of course Bush and his peo- tion or control of 9–11. What we’ve said Ariz. Died of wounds on Sept. 15 at Tel Afar. ple said it. Then go to the whip, go to the is that this was someone who sup- Spc. James C. Wright, 27 Fourth Infantry truth. ported terrorists, helped them train.’’ Division, Fort Hood, Texas. Home: Delhi Only the strong memory is an opponent, And Mr. Bush the next day said, Township, Ohio. Died when vehicle hit by and there are few of them. Otherwise, the rocket-propelled grenade during ambush only thing that can remind people and ‘‘There is no question that Saddam near Tikrit on Sept. 18. maybe even inflame them are these dead Hussein had al Qaeda ties. We have no George Bush told lies and they died. bodies coming back from Iraq to Heber, evidence that Saddam Hussein was in- First, your government lied to ensure Calif. They arrive here in silence. We have volved with the September 11 attacks.’’ Bush’s re-election. Who votes against a no idea of how many wounded are in govern- The American people have been fed a president in time of war? And even better, ment hospitals with no arms or legs. You PR campaign of misinformation from you get oil with the winning election. never hear Bush talking about them. He the very start. And while that has been So Bush lied to you. Not misstatements. often acts as if subjects like this have noth- Lies. He and his people threw away their ing to do with him. going on, and I will have entered into honor and consciences to lie to the people. the RECORD both the speech by Max they had sworn to protect. [From the Atlanta Journal-Constitution, Cleland and an article from the New The lies of Washington put young men Sept. 15, 2003] from Seymour, Tenn., and Maspeth, Queens York Newsday by Jimmy Breslin dated DISASTER IN THE DESERT and Palos Hills, Ill., into boxes. And that, 23 September, while this has all been (By former Senator Max Cleland, D-Georgia) going on, our people have been dying. dear reader, is quite a lie. ‘‘The public had been led into a trap from Some of you have been out to the At the start, Bush claimed that Iraq had poison gas and was making nuclear weapons. which it will be hard to escape with dignity Vietnam Memorial, and those panels Soon, they will poison us all and blow us up. and honor. They have been tricked into it by get carved with those names in there. His proof was documents forged by elemen- a steady withholding of information,’’ he One can go up to Walter Reed Hospital tary-school pupils. Still, Bush used it in his said. ‘‘The Baghdad communique´s are be- up on Georgia Avenue and see people State of the Union speech. Condoleezza Rice lated, insincere, incomplete. Things have without arms and legs, just like Sen- said it was only 23 words in a speech. What been far worse than we have been told, our ator Cleland. While we keep getting are you so concerned about? administration more bloody and inefficient misinformation out of the White The 23 words were only about nuclear than the public knows.’’ He added: ‘‘We are today not far from a disaster’’—T.E. Law- House, Ryan Carlock, specialist, 416th bombs. Look now at the lie that George Bush car- rence, The Sunday Times of London, August Transportation Company, died on Sep- ries into the United Nations today: 22, 1920. tember 10; Joe Robsky from Fort Irwin, We went into Iraq because they were part Let me see if I can get this straight. California, died on September 10; Henry of the World Trade Center attack. The President of the United States decides Ybarra from Austin, Texas, died. And That’s what they told you, and Americans, to go to war against a nation led by a brutal they keep dying and they keep dying. who honor their government, believed what dictator supported by one party rule. That If we ask questions about this $87 bil- their government told them. And so did all dictator has made war on his neighbors. The President decides this is a threat to the lion, it does not make us unpatriotic. those young people as they were about to put up their lives in the desert. United States. In his campaign for President It makes us care about these men and On Oct. 14, 2002, Bush said, ‘‘This is a man he gives no indication of wanting to go to women. [Saddam] that we know has had connections war. In fact, he decries the over extension of [From the New York Newsday, Sept. 23, 2003] with al-Qaida. This is a man who, in my American military might and says other na- judgment, would like to use al-Qaida as a tions must do more. However, unbenounced THEY LIED AND MANY SOLDIERS DIED forward army.’’ to the American public, the President’s own (By Jimmy Breslin) Defense Secretary Donald Rumsfeld said, Pentagon advisors have already cooked up a George Bush won’t mention the names on Sept. 26, 2002, ‘‘Yes, there is a linkage be- plan to go to war. All they are looking for is below in today’s speech, nor will your gul- tween al-Qaida and Iraq.’’ an excuse. lible news and television people—the Pekin- Condoleezza Rice, the national security ad- An element of the U.S. military is under ese of the Press. viser, said on Sept. 25, 2002, ‘‘There have been attack. The President, his Secretary of De- Therefore we print promptly and thus contacts between senior Iraqi officials and fense and his advisors sell the idea to Con- prominently the names of American soldiers members of al-Qaida gong back for actually gress and the American people that it is time killed in Iraq and reported from Sept. 9 to quite a long time.’’ to go to war. Based on faulty intelligence, Sept. 19: They knew exactly what they were saying cherry-picked information is fed to Congress Spc. Ryan G. Carlock, 25, 416th Transpor- and what it would do. It was using a Big Lie and the American people. The President goes tation Co., 260 Quartermaster Battalion (Pe- in an age of screens and faxes. What did you on national television to explain the case for

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.078 H25PT1 H8940 CONGRESSIONAL RECORD — HOUSE September 25, 2003 war, using as part of the rationale for the Fifth, if you want to know what is really after. For unemployed Oregonians, it is war an incident that never happened. The going on in the war, ask the troops on the these benefits that keep their kids in Congress buys the bait hook, line and sinker ground not the policy makers in Washington. college, prevent the loss of a home, car, and passes a resolution giving the President The ‘‘ground truth’’ as the soldiers call it, is or vital health care. the authority to use ‘‘all necessary means’’ always more accurate than the truth ex- to prosecute the war. pounded through the mouths of those who Mr. Speaker, a jobless economic re- The war is started with an air and ground plan the war and have a political, personal covery does not help the unemployed. I attack. Initially there is optimism. The and emotional investment in their policy. challenge this Congress to do more to President says we are winning. The cocky, They will bend any fact, even intelligence, to help our jobless Americans. I challenge self-assured Secretary of Defense says we are their own ends. If the ground truth and the this Congress to pass H.R. 3156, my bill winning. As a matter of fact, the Secretary policy truth begin to diverge, ‘‘Shock and to extend Federal unemployment bene- of Defense promises the troops will be home Awe’’ will turn into what one officer in Iraq fits by an additional 13 weeks. soon. has described as, ‘‘Shock and Awe S---!’’ However, the truth on the ground that the Sixth, in a democracy instead of truth f soldiers face in the war is different than the being the first casualty in war, it should be PROBLEMS WITH THE IMPLEMEN- political policy that sent them there. They the first cause of war. It is the only way the TATION OF THE NO CHILD LEFT face increased opposition from a determined Congress and the American people can cope BEHIND ACT enemy. They are surprised by terrorist at- with getting through it. As credibility is tacks, suicide bombers, village assassina- strained, support for the war and support for The SPEAKER pro tempore. Under a tions, increasing casualties and growing the troops goes down hill. Continued loss of previous order of the House, the gen- anti-American sentiment. They find them- credibility drains troop morale, the media tleman from Utah (Mr. MATHESON) is selves bogged down in a guerrilla land war, becomes more suspicious, the public becomes recognized for 5 minutes. unable to move forward and unable to dis- more incredulous and the Congress is re- Mr. MATHESON. Mr. Speaker, I rise engage because there are no allies in the war duced to hearings and investigations. today to bring attention to an issue of to turn the war over to. There is no plan B. Instead of learning the lessons of Vietnam, There is no exit strategy. Military morale where all of the above happened, the Presi- utmost importance to my home State declines. The President’s popularity sinks dent, the Vice-President, the Secretary of of Utah and to the rest of this country. and the American people are increasingly Defense and the Deputy Secretary of De- As we are now in the beginning of a frustrated by the cost of blood and treasure fense, have gotten this country into a dis- new school year, I am very troubled by poured into a never-ending war. aster in the desert. They attacked a country news from across our State about the Sound familiar? It does to me! that had not attacked us. They did so on in- implementation of the No Child Left The President was Lyndon Johnson. telligence that was faulty, misrepresented Got Ya! Behind Act. The concepts and ideas be- and highly questionable. A key piece of that The cocky, self-assured Secretary of De- hind this Federal education reform leg- intelligence was an out-right lie which the fense was Robert McNamara. islation remain just as good as they Got ya again! White House put into the President’s State of the Union speech. These officials have were 2 years ago when, with bipartisan The Congressional resolution was the Gulf support, Congress enacted the bill at of Tonkin resolution. over-extended the American military, in- You are catching on! cluding the Guard and the Reserve and ex- the urging of President Bush. Despite The war was the war that I, John Kerry, panded the United States Army to the break- the bill’s good intentions, such as im- Chuck Hagel, John McCain and three and-a- ing point. A quarter of a million troops are proving student achievement, increas- half million other Americans of our genera- committed to the Iraq war theater, most ing teacher quality, and providing par- tion were caught up in. It was the scene of bogged down in Baghdad. Morale is declining ents with greater options, the legisla- America’s longest war. It was also the locale and casualties continue to increase. In addi- tion implementation has strayed off tion to the human cost, the funding of the of the most frustrating outcome of any war course. this Nation has ever fought. war costs a billion dollars a week adding to Unfortunately, the people who drove the the additional burden of an already de- How bad is it? Under the strictest in- engine to get into the war in Iraq never pressed economy. The President has declared terpretation of standards, 78 out of the served in Vietnam. ‘‘major combat over’’ and sent a message to 83 schools in Utah’s Jordan School Dis- Not the President. every terrorist, ‘‘Bring them on.’’ As a re- trict will be designated as failing Not the Vice-President. sult, he has lost more people in his war than schools. In rural Utah it is question- Not the Secretary of Defense. his father did in his and there is no end in Not the Deputy Secretary of Defense. able whether any junior high or high sight. Military commanders are left with ex- school will be able to meet all of the Too bad. They could have learned some les- tended tours of duty for servicemen and sons. women, told long ago they were going home, criteria. This just does not make sense. First, they could have learned not to un- and keeping American forces on the ground I have met with teachers, principals, derestimate the enemy. The enemy always where they have become sitting ducks in a parents, school board members, and su- has one option you cannot control. He al- shooting gallery for every terrorist group in perintendents throughout my State, ways has the option to die. This is especially the Middle East. true if you are dealing with true believers and I know first hand about the good Welcome to Vietnam Mr. President. Sorry and guerrillas fighting for their version of work that is done every day in our you didn’t go when you had the chance. reality—whether political or religious. They schools. Utah’s schools face challenges are what Tom Friedman of the New York f based on large class sizes and low State Times calls the ‘‘non-deterables.’’ If those funding. Now, due to the imposition of non-deterables are already home in their SUPPORT H.R. 3156, EXTENDING a new series of underfunded Federal re- country, they will be able to wait you out UNEMPLOYMENT BENEFITS quirements, they face the possibility of until you go home. The SPEAKER pro tempore. Under a Second, if the enemy adopts a ‘‘hit and being labeled as ‘‘failures.’’ run’’ strategy designed to inflict maximum previous order of the House, the gen- There are two basic problems with casualties on you, you may win every battle tleman from Oregon (Mr. WU) is recog- the implementation of the No Child but the battles you fight (as Walter Lippman nized for 5 minutes. Left Behind Act. First, the act prom- once said about the Vietnam War), can’t win Mr. WU. Mr. Speaker, for most of the ised significant Federal funding to as- the war. last 2 years, my home State of Oregon sist local schools in meeting new re- Third, if you adopt a strategy of not just has had the highest unemployment quirements. In fact, a strong commit- pre-emptive strike but also pre-emptive war rate in the Nation, and thousands of ment to fund the No Child Left Behind you own the aftermath. You better plan for Oregonians have tried for a year or it. You better have an exit strategy because Act requirements was critical in gar- you cannot stay there indefinitely unless more to find a job without success. nering overwhelming bipartisan sup- you make it the 51st state. If you do stay an This coming Saturday, 12,000 unem- port for the legislation. Unfortunately, extended period of time, you then become an ployed Oregonians will lose all of their when it came time to provide the ac- occupier, not a liberator. That feeds the unemployment benefits with the expi- tual funding, Congress fell short by $9 enemy against you. ration of an Oregon unemployment billion. At a time when State budgets Fourth, if you adopt the strategy of pre- program which provides assistance are already tight, Federal require- emptive war, your intelligence must be not when Federal unemployment benefits just ‘‘darn good,’’ as the President has said it ments to push schools to do more with must be ‘‘bullet proof,’’ as Secretary Rums- run out. The estimates are that 400 ad- less set up our schools to fail. feld claimed the administration had against ditional Oregonians per week will lose Second, as with any complex law en- Suddan Hussein. Anything short of that saps all unemployment benefits starting acted by Congress, the Federal agency credibility. next week and for every week there- responsible for administration develops

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.022 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8941 specific regulations. And in this case of would ever want to leave any child be- war in Iraq. This $87 billion details how No Child Left Behind, the U.S. Depart- hind. They know that the best invest- the President’s request allocates $157 ment of Education has developed a set ment we can make is the investment in per Iraqi, U.S. taxpayers pay $157 per of regulations based on an extreme in- our children’s education. Congress Iraqi, for sewage improvements, but in terpretation of the legislation. There should do everything we can to help the President’s budget there is only $14 are many problems with the way No them succeed. per American for sewage improvement Child Left Behind regulations have f in this country. evolved, but let us just take a look at The administration, according to the THE COST OF IRAQ two examples. President’s request for this $87 billion, RECONSTRUCTION Acknowledging that quality teaching is devoting $38 per Iraqi for hospitals, is critical to student performance, No The SPEAKER pro tempore (Mr. but in this country, only $3.30 per Child Left Behind calls for teachers to MCCOTTER). Under a previous order of American citizen for hospitals. meet competency and training stand- the House, the gentleman from Ohio The President is seeking almost $6 ards for subjects they teach. This (Mr. BROWN) is recognized for 5 min- billion to rebuild and expand Iraq’s sounds reasonable, but any new Utah utes. electricity generation and distribution secondary teacher is required to have a Mr. BROWN of Ohio. Mr. Speaker, 140 system, as millions of Americans are bachelor’s degree in the subject that he years or so ago, former President John regaining power lost from Hurricane or she teaches. In rural schools, teach- Quincy Adams came to the House floor Isabel and as Congress continues, ers often must teach multiple subjects. and read letters from his constituents frankly, not very well in this Congress, about slavery and about the abolition- to deal with the fallout from the Au- 1515 b ists because the House actually passed gust blackout. In the case of foreign language teach- a rule in 1838 saying that Congress The President requests from the $87 ers, many Utah teachers are former could not debate the issue of slavery on billion, 350 times more money for LDS missionaries with foreign lan- the House floor, believe it or not. Iraqis individually; $255 per Iraqi for guage fluency. Even if these teachers Today, we have not really been free; electrical power rehabilitation, 71 have college minors in the language, we have not had committee hearings; cents per American for electrical power they would still not be considered we have not had floor debate on a lot of rehabilitation. qualified to teach the subject. Special the questions about what is happening Mr. Speaker, Americans need some education teachers also teach a variety in Iraq, getting answers from the Presi- answers. How are we going to spend of subjects every day. Is it reasonable dent and from the administration this money? Where has the $1 billion a to require multiple college degrees? about the reconstruction, the cost, how week gone now? We need account- Clearly, greater flexibility is necessary the money is being spent; all of that, ability. We need, most importantly, for to pursue teacher quality. and I have gotten letters from hun- the President to assure us that our Now, the No Child Left Behind Act dreds of constituents asking for an- troops will be well-supplied, and that also recognized that teacher turnover swers to those questions. our troops will be safer than they have is a problem, and it directs States to But what we have seen, Mr. Speaker, in the past. ensure that poor and minority children is information from the Bush adminis- In fact, I received a call just last are not taught by inexperienced teach- tration that obfuscates, that deceives, night from a young man whom I know ers at higher rates than other students. that simply does not tell us. who was injured in Iraq from my dis- Again, this sounds reasonable, but the Deputy Defense Secretary Wolfowitz trict. He spent 70 days in the hospital. implementation has proven problem- recently said, ‘‘No one that I know of Because of this administration’s pol- atic. would ever say that this war is cheap.’’ icy, he owes $550 back to Bethesda Hos- In Utah, anyone with less than 3 Well, that is not what the President’s pital, back to the government, because years of teaching is considered an inex- people were telling us before the inva- the government has charged him, be- perienced teacher. The Jordan School sion. Budget Director Mitch Daniels lieve it or not, $8.10 for every day’s District has a low percentage of inexpe- said Iraq, back then, before the attack, meal he has eaten in that hospital as rienced teachers across the whole dis- said Iraq would be ‘‘an affordable en- an injured soldier in the United States trict, and Midvale Elementary School deavor that will not require sustained of America, injured in the battlefield in that district, they just recently ag- aid.’’ in Iraq. Yet, now the administration gressively recruited a dozen new teach- Now, Jane from Sheffield Lake, Ohio, simply is not telling us how we are ers with foreign language skills to wrote to me, ‘‘We cannot let this enor- going to spend that money, not making meet students’ needs. But because they mous deception from the Bush adminis- the private contractors, many of them are all new teachers, it drives the tration continue.’’ friends of the President who are get- school’s percentage of inexperienced Back several months ago, White ting literally hundreds of millions of teachers above the district average, so House economist Glen Hubbard said dollars, not disclosing where that the school is a failure under this re- the costs of any intervention would be money is going, how they are spending quirement. Again, this just does not very small. it. make sense. Edward from Akron in my district I would close, Mr. Speaker, Elizabeth As a Congressman, I often hear about wrote, ‘‘I believe we were duped by this from Akron writes, ‘‘The Bush admin- the unintended consequences of legisla- administration through misleading istration’s blatant disregard for the tion. As someone who supported the No statements and outright lies.’’ ability of the American people to sort Child Left Behind Act, I am gravely Larry Lindsey, the President’s Chief through, to discuss and to reach rea- concerned that a lack of funding and Economic Adviser, estimated the war sonable conclusions on important an inappropriate set of regulations in Iraq would cost $100 billion to $200 issues is disturbing. What else aren’t have brought on many unintended con- billion, the war and the aftermath and they telling us? What other lies are sequences that will harm Utah’s the reconstruction. He was shunned by they trying to foist on us? Whether one schools. the administration after saying that. supported the war or not, the question The gap between legislative intent He was later fired because of that. of the obvious and overwhelming de- and real world implementation must be From Akron Ohio, Susan writes, ceptions the administration seems to addressed. That is why I have cospon- ‘‘Please represent us in Summit Coun- regard as normal is disturbing.’’ sored legislation to suspend No Child ty and get to the bottom of these f Left Behind requirements until Con- untruths and these lies.’’ The SPEAKER pro tempore. Under a gress fulfills its funding commitments. Mr. Speaker, we have seen the Presi- previous order of the House, the gen- I have seen the great work that goes dent’s proposal to spend $87 billion. tleman from California (Mr. FILNER) is on every day in our schools. Our teach- That is just this year. That is in addi- recognized for 5 minutes. ers, our principals, the PTA parents, tion to the $65 billion check that Con- (Mr. FILNER addressed the House. teacher aides and school district staff gress and the American people have al- His remarks will appear hereafter in work hard for our kids. None of them ready written to the President for the the Extensions of Remarks.)

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.079 H25PT1 H8942 CONGRESSIONAL RECORD — HOUSE September 25, 2003 The SPEAKER pro tempore. Under a well, and he did it without apology. Approximately 6 million women in previous order of the House, the gentle- And as I rise today to begin what I the United States become pregnant woman from the District of Columbia hope for however many years I serve in every year. About half of those preg- (Ms. NORTON) is recognized for 5 min- Congress to be a series on the case for nancies are unintended, and 1.5 million utes. life, I am inspired and magnetized by elect to terminate them with legal (Ms. NORTON addressed the House. John Quincy Adams. abortion. Her remarks will appear hereafter in Now, many may say that John Quin- b 1530 the Extensions of Remarks.) cy Adams, who perished, we are told, in Each year, more than 1 million U.S. f the midst of a session of Congress, fell over backwards in his Chair, was car- teenagers become pregnant, and the THE CASE FOR LIFE ried into a waiting room where he died teen pregnancy rate has moved in the The SPEAKER pro tempore. Under the next day, some may say that his last 30 years to truly startling statis- the Speaker’s announced policy of Jan- death in 1848, long before slavery would tics. Eighty percent of women having uary 7, 2003, the gentleman from Indi- vanish from this continent, proved that abortions are single, 60 percent are ana (Mr. PENCE) is recognized for 60 he had failed in his endeavor. white, 35 percent are black, 82 percent minutes as the designee of the major- But God works in mysterious ways, of women having abortions are unmar- ity leader. Mr. Speaker, and I cannot help but feel ried or separated, and almost half, this Mr. PENCE. Mr. Speaker, I rise at to this day that at some time from is almost incomprehensible to me, but the end of a week of activity here on heaven John Quincy Adams smiled statistics from Planned Parenthood’s Capitol Hill to do nothing less than to down when he realized that on the back National Center for Health Statistics begin a process and an effort that I row of the Congress in which he gave suggest that almost half of American hope will be a part of the fabric of my those lectures arrived in the year 1847 women, 43 percent, will have an abor- career for however long I have the a tall, lanky man from the State of Il- tion sometime in their life. Yet, we privilege of serving in the United linois who served for one term in Con- rarely talk about it here. A procedure States House of Representatives. gress, and Abraham Lincoln would of deep physical and emotional and I rise very simply, Mr. Speaker, to later reflect that the speeches on the moral and perhaps even spiritual con- make the case for life; to make the ar- abolition of slavery that he heard from sequences reflected on through the mil- guments, philosophical, intellectual, the great man John Quincy Adams lennia is scarcely talked about in the moral and historical, on this blue and deeply impacted his thinking and his center of the most powerful govern- gold carpet, on a regular basis, for the life. And when Abraham Lincoln would ment on Earth. sanctity of human life. then run for the Senate in Illinois and Today I would like to speak, if I may, My inspiration, oddly enough, Mr. lose, and then be propelled on that about a few of the historical aspects of Speaker, for this series, was just men- same issue to the Presidency, he, no the case for life. Oftentimes, when I am tioned by the gentleman from Ohio doubt, as is all of our posterity, was in standing before groups of young people, (Mr. BROWN) in his remarks imme- debt to the rantings of that old man. I will say, rather obliquely, that for diately preceding mine. It is almost un- And here is hoping that my rantings roughly 3,000 years in Western Civiliza- canny to me to have heard it. For my may cast seeds, somewhere, Mr. Speak- tion, until 1973, it was the unanimous inspiration in rising today on the er, whether in this Chamber or through position of medical ethicists through- House floor is none other than a former the means whereby people observe out Western Civilization that abortion Member of this body who served as a what we do here, that some might re- was immoral and unethical. And I am Member of Congress from 1827 until his flect on the principles that we share always amazed at the startled look on death in 1848. over the course of this series on the children’s faces. Because, of course, Prior to being a Member of the House case for life and be inspired by it, be- every student that I see in a classroom of Representatives, John Quincy cause it matters. was born in the post Roe v. Wade Adams was President of the United Despite the fact that ever since Roe America where abortion is a settled States, and his father President before v. Wade became law in 1973 America fact. It is a settled legal reality. But to him. But, remarkably, after one term has looked across the street to the U.S. begin with the realization that for 3 in Congress, John Quincy Adams felt Supreme Court to define this business millennia through, if I can use the compelled, Mr. Speaker, to be elected of the rightness and the legality of word, through the gestation of Western to Congress from the State of Massa- abortion, and despite the fact that, Civilization, there was, as Mother Te- chusetts and to come to this place. And frankly, even in this Congress we pay resa often reflected, that core principle more than any other purpose, it is scant attention to the issue, it, never- that human life is sacred. Often re- clear as one studies his speeches and theless, is a colossal issue about which jected, even by nations and peoples in pronouncements on this floor, that he our Nation must attend, for one reason the midst of our civilization, neverthe- was a man deeply committed to the and one reason only: 1.6 million abor- less, the sanctity of human life rises abolition of slavery in America. tions are performed in the United out of the march of our civilization, al- Just as the gentleman from Ohio (Mr. States each year. Ninety-one percent most like no other. BROWN) reflected, it is reported that of- are performed during the first tri- We all are familiar with the founding tentimes on a weekly basis or more mester, twelve or fewer weeks gesta- documents of this Nation that speak of throughout the nearly 20 years that tion. Nine percent are performed in the certain unalienable rights endowed by John Quincy Adams served as a Mem- second trimester. our Creator, and among them are life. ber of this Congress, in a Chamber, as Approximately 1.5 million U.S. It is an astounding thing to consider. you know, Mr. Speaker, just down the women with unwanted pregnancies But what did our Founders think of hall, the great, grand old man and choose abortion every year, and most when they thought of life? They were former President would come, history are under the age of 25 years and un- men who reflected on the ancients; records, and bring his papers with him married. And as psychologists across they reflected on history. The Found- and make the moral and the intellec- America now reflect, post-abortion ers of this Nation, some of whom are tual and the historical and even the stress syndrome, which seems to vi- remembered on the walls and carved in Biblical case against slavery in Amer- ciously take hold of women at or stone throughout this building, were ica. around the age of menopause, where in truly learned men. So it is important We are even told that some of his col- many cases women are led into therapy when we think about a reference to the leagues at the time during the course because of a deep sense of remorse unalienable right to life, what did our of those two decades actually tried to about decisions they made decades be- Founders think about when they said change the procedural rules of the fore, it is a decision that those 1.5 mil- life? What did they think of as human House, because they thought it rather lion women make not just for that day, life? In the context of our common law impolitic to have old Mr. Adams com- but for many, Mr. Speaker, a decision and in the context of the history of the ing down and bringing up that difficult that colors much of the rest of their ancients or the Middle Ages, or even issue again. But he did it, and he did it life. the early church fathers who so deeply

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.083 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8943 influenced the Founders of this coun- As James S. Cole wrote in an essay your charge was to heal human beings. try, it is a consistent, one after an- entitled ‘‘Abortion at Common Law,’’ And so the bright line, to put it in other element of the law in history long before the settlement of the modern terminology, Mr. Speaker, the that argues beyond a doubt that abor- English colonies on this continent, the eight-lane superhighway in Hippoc- tion was considered a deep moral of- common law of England, that is, the rates’ mind, it seemed to me, was that fense. law recognized as common to all Eng- the doctor does not kill human beings. In the Lex Cornelia 81 B.C., the Ju- lishmen, defined abortion as a crime. Doctors do not end human life. And for rist Iulius Paulus applied a text of this In accord with the limits of biological 4,000 years, the advance of medical eth- law that applied to poisoners and those knowledge of the day, it was believed ics, and every doctor in my State of In- who dispensed drugs specifically in- that there was no life until what was diana and every doctor who takes an tended to cause abortion, saying that known as ‘‘quickening,’’ when the oath throughout the Western world whoever dispenses an abortion pill, re- movements of the baby could be dis- raises their hand, in many cases, and gardless of its intention, the law read, cerned. Abortion was therefore de- takes the Hippocratic Oath. set a bad example and was condemned clared by the earliest authorities a Now, the edited version oftentimes to work in the mines in 81 B.C. One lesser crime than criminal homicide does not include reference to abortion, thinks of that story of a young girl until quickening, and then it was a fel- but it still includes that line, ‘‘first, do who may have had medical complica- ony after quickening. Much later, in no harm.’’ And it is why today so many tions just last week from having taken the 1600s, there was some hesitation to doctors in America refuse as a profes- the pill RU486 and died. And one thinks prosecute abortions in which a child sional decision to perform abortions. of the wisdom of Lex Cornelia from 81 died in the womb as opposed to those in They simply choose not to be a part of B.C., the dispensing of a pill and a poi- which the baby was expelled before it. In fact, there seems to be some evi- son that causes an abortion and its dying, because of the problems of prov- dence in the medical community of a diminishing availability of abortion in harm. ing that the act of beating the moth- Cicero actually placed it beyond America, because men and women that er’s abdomen or giving her a poison had doubt that the offense of abortion was wear the white smocks and the green caused the death of the child. However, a capital offense punishable even by smocks of physicians are less and less there was no doubt that abortion of a death. In the Persian Empire, criminal interested in that fundamental com- woman who was either ‘‘quick or great abortions were severely punished. And promise of their mission and their min- so it goes. with child’’ was unlawful. istry as a healer, according to the Hip- In colonial America, abortions were In fact, the Ephesian, Soranos, often pocratic Oath. described as the greatest ancient gyne- prosecuted under the common law. I spoke of the English common law, cologist from whom we obtain the word After the Revolution, the new Amer- which specifically forbade abortion. It and the practice of gynecology were, as ican States adopted the common law of did, in some cases, as I mentioned, history records, deeply opposed to England as the basis of their own law, treat it as a felony and, in other cases, Rome’s prevailing free abortion prac- including common law crimes. Within treated it as a misdemeanor; but in all tice. Soranos found it necessary to a generation, the independent States cases it was immoral, wrong, and ille- think first of the life of the mother and began to outgrow the English common gal. Blackstone, who wrote, as I resorted to an abortion when he law, and State legislatures increas- learned in law school, the famous thought the life of the mother was in ingly defined crimes in their States. Blackstone Commentaries at the danger, but it was otherwise unaccept- However, common law crimes survived founding of the country; it can be accu- able. At the time of Soranos, Greek until superseded by legislative enact- rately observed that a practicing law- and Roman law afforded little protec- ment. yer could literally consider themselves tion to the unborn until Christianity Although common law prohibitions as having an entire legal library if they took root in the Roman Empire, and on abortion were largely replaced over possessed one book, not counting the then it changed. And from that point time with legislative enactments Bible, but Blackstone’s Commentaries forward, after the spread of Christi- through the 19th century, there was on the Law. It is taught even to this anity in the Roman Empire, infanticide never a gap in which the common law day in the most secular of law schools, and abortion were treated as equally had anything other than a prohibition and people understand that Blackstone criminal acts, alongside murder. of abortion. Abortion was a crime dur- was, for people practicing the law in Throughout the Middle Ages, the se- ing the hundreds of years before the the colonies and in the States and in vere penalty for abortion remained in founding of this Nation, and it re- the territories, it was the ultimate re- force in all countries of Europe well mained a crime in every State at the source. And Blackstone was clear on into the Middle Ages, and it was re- beginning of our Nation and through- abortion, writing in one of his com- flected in many of the writings. I think out the 19th century. mentaries, ‘‘If a woman is quick with of John Calvin, one of the early church Until the advent of Roe v. Wade that, child and by poison or otherwise fathers and someone who deeply influ- it is worth noting, struck down simul- killeth it in her womb, or if anyone enced the development of common law taneously those laws promulgated from beat her whereby the child dieth in her and Christian theological thinking. He the common law in all 50 States, abor- body and she is delivered of a dead said, John Calvin now, ‘‘The fetus, tion was considered a crime, a deep child, this, though not murder was, by though enclosed in the womb of his moral offense, and anathema to med- the ancient law, homicide or man- mother, is already a human being, and ical ethicists. slaughter.’’ it is a monstrous crime to rob it of life It is altogether appropriate to point So whatever may have been the exact which it has not yet begun to enjoy. If out as well as we consider the ancients view taken by common law of any spe- it seems more horrible to kill a man in today, Mr. Speaker, that the Hippo- cific offense, in and around 1803, there his own house than in a field, because cratic Oath itself carved, depending on was no question that abortion was a a man’s house is his place of most se- who you believe of the historians, and crime. And yet, in America today, by a cure refuge, it ought surely to be doctors will argue the point, but some- judicial decision and by judicial fiat, deemed more atrocious to destroy a where between 3,000 and 4,000 years ago, that has fundamentally changed. fetus in the womb before it has come to the Hippocratic Oath authored by the So why does all this matter? As I light,’’ John Calvin wrote in the com- great physician Hippocrates begins in talked to some colleagues today, they mentary in the Book of Exodus. many versions with the phrase, ‘‘First, said to me, now, why are you doing Truly astonishing words, but not at do no harm,’’ and in its most classic that? Is there some legislation coming the time that he wrote them. To think versions will make reference to abor- to the floor that is going to change of that time and to think of that con- tion; that it was altogether and always things in abortion? And I granted the text, what John Calvin wrote about, inappropriate for the healer ever to end point that ever since Roe v. Wade, we, what the ancients embraced was what human life, either born human life or in the people’s House, in the Congress, was common accepted law, and, of unborn human life. It is contained in and in the State legislatures of all 50 course, our own common law was given the Hippocratic Oath. It was what it States have very little to say about birth by those historical moorings. meant to be a doctor, that you heal; this issue.

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.085 H25PT1 H8944 CONGRESSIONAL RECORD — HOUSE September 25, 2003 b 1545 dismaying and unexpected as they centers where innocent life is de- It comes down to nine men and were, entailing the compromises that stroyed; where women know that there women in black robes and the Presi- they did for those involved, were not are better choices, not only for their dents who appoint them. But it seems tidied up in a clinic so that the young unborn child, but for them than ever to me to be altogether fitting that mothers in question could ‘get on with the choice of ending that life. something that so deeply troubles the their lives.’ You, gentle reader, would That is my hope and that is my heart of half of the American people have been deprived of nothing more dream that they will look back on this ought to be something that resonates than my editorial voice. I and 16 kins- time and they will say, Mr. Speaker, in the heart of our national govern- folk would have been robbed of every- America got off the path, but she re- ment. thing.’’ flected on the truths of the ancients. That is how I see this Chamber, Mr. It is in every sense, as Meghan She reflected on the unalienable rights Speaker. I said it shortly after 9/11 in a Gurdon writes, ‘‘the mother of all that she had alienated for a while, of speech that I gave on this same floor, rights.’’ I think it is why our founders life, and liberty and the pursuit of hap- that I viewed the House of Representa- listed life first, that they knew from piness. And by God’s grace, she found tives as the heart of the American gov- the spilled blood that had happened on her way back, to be a compassionate ernment and that it ought to resonate our shores and would happen at the society and a caring society, but a soci- with the hearts of the American peo- hands of a despotic king. They knew ety that once again embraced the ple. When the hearts of the American that if a man does not have an unalienable right to life. people are troubled about an issue at unalienable right to life, he has noth- f home or abroad, this should be a trou- ing. That if a man or a woman cannot THE PRESIDENT’S WAR REQUEST bled room. When the hearts of the anticipate that government cannot de- AND AMERICA’S FUTURE COURSE American people are quiet and at rest, prive them of their life without due this should be a quiet and amicable process of law and cannot deprive any The SPEAKER pro tempore (Mr. place. human person of their right to life BISHOP of Utah). Under the Speaker’s It may be over-literalizing it, trying without due process of law, then they announced policy of January 7, 2003, to turn the government into some are, in the words of John Calvin, like the gentleman from North Carolina homotropic version of man, but I think that man in his own home, most griev- (Mr. PRICE) is recognized for 60 minutes it has merit. And the truth is that ously offended to have been attacked in as the designee of the minority leader. Mr. PRICE of North Carolina. Mr. while there are millions of Americans what is to be his safest place. who embrace the right to choose an Alexander Hamilton cautioned us Speaker, the President’s request of an abortion, who take to the street to de- against forgetting the ancient parch- $87 billion supplemental appropriation fend it, who take to the polls to sup- ments, the teachings of ancients, and on top of $79 billion already appro- port it, there are, by any measure, a cautioned those who believed that we priated has prompted renewed debate growing number of nearly half of this could create a society that separated over our military operations in Iraq, country who are deeply troubled to live law from moral truth saying, ‘‘The sa- our plans for the subsequent recon- struction of that country, and our in an America where innocent human cred rights of mankind are not to be broader policy objectives in the Middle life is so callously discarded. It was as rummaged for among old parchments East. Meghan Cox Gurdon called it in an ar- or musty records. They are written as We must take to a successful conclu- ticle in the Wall Street Journal a num- with a sunbeam in the whole volume of sion the securing of Iraq, the rebuild- ber of years ago, it is, in my judgment, human nature by the hand of the Di- ing of the country’s economy and infra- the mother of all rights. vinity and can never be erased or ob- structure, and the transition to an in- Meghan Cox Gurdon, and I borrow scured by mortal power.’’ digenous democratic government. We from her essay now, wrote, ‘‘The Roe It is a truth, Mr. Speaker, I have must provide our forces in Iraq the re- versus Wade anniversaries make me tried humbly to advance today for your sources they need to complete their think of the last scene in Schindler’s and my colleagues’ ears and for anyone mission and to enhance their safety List, the film about Oskar Schindler, else who is listening and in the weeks and security while they are performing the German industrialist who saved a and months and, if the Lord wills it, their mission. But the Bush adminis- small number of Jews during World years ahead. I hope from time to time tration must give a full accounting of War II. The final scene,’’ for those who to come to this floor and do likewise. how we plan to reach these goals, how have seen it, ‘‘features actual To begin to take a break from the ar- we are going to meet the costs, and Schindler survivors with their children guments of the day at home and abroad how we are to enlist the necessary and grandchildren line up to place and to take a longer-view perspective international support. stones on his grave in Israel. What on this Nation and on the vitality of This afternoon, Mr. Speaker, I want makes the scene so powerful is not just its legal and moral traditions. For it to specify certain key questions and the surprising number of progeny al- seems to me that abortion is the issue expectations that Members of Congress ready produced by the Holocaust of our time. must bring to the consideration of the escapees, but the staggering number of I used to say to people when I was President’s request. men, women and children who are not younger that I thought abortion was This request is considerably overdue. there, who never had a chance of life the most important moral issue of our For far too long the Bush administra- because the Nazis gassed those who time, and I have since abandoned the tion refused to estimate the precise would have been their parents and adjective because I really do believe costs of the war as it pushed for tax grandparents.’’ that as the late Mother Teresa would cuts upon tax cuts, mainly benefitting Meghan Gurdon goes on to write say often, that it is the defining issue the wealthiest Americans, and as it compellingly, ‘‘When Roe comes up, it of our age, and on some days, I believe presided over a 2-year, $8 trillion fiscal has a Schindler-like reverberation in in a hopeful view of the future, that reversal, the largest in our country’s my own family. The fact is, my hus- our posterity will look back and say history. band and I, our four children, his three there was a time when America lost But now the bill is coming due, and siblings and their combined eight chil- her way, but largely because of a bro- that stubborn fact, in addition to the dren all owe our lives to the fact that ken heart, she came back. She came critical situation on the ground in the famous Supreme Court decision did back to the truth of the ancient, not Iraq, has forced the President’s hand. not come until 1973 (and its British because she returned to a puritanical That is not to say he has totally equivalent until 1967). For all 17 of us, society that judged people in their come clean. The President’s request of all descended from two unwanted preg- hour of need, but because America $20 billion for reconstruction covers nancies—two pregnancies that pro- again became a broken hearted society less than half of the projected costs. duced hasty marriages, some unhappi- that said, we want to be a place where And it is bound to increase if his opti- ness, rather more sadness, and even ac- there are no unwanted children. We mistic estimate as to oil revenues and tually two divorces. And I have to say, want to be a society where crisis preg- contributions from allies do not mate- boy, am I glad that those pregnancies, nant centers come to replace entirely rialize. Nor are we ever likely to hear

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.087 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8945 the President acknowledge that every allies the administration once spurned. ported, and they must not be further dime of that $87 billion is borrowed This appears to be, as Ron Brownstein diverted until their mission is con- money, adding to what was already a of the Los Angeles Times termed it, a cluded. record Federal deficit. case of ‘‘reality trumping ideology,’’ The Afghan reconstruction funding How much money is $87 billion? It is based on the realization that under will partially address such critical three times what we spend each year present policies the President does not needs as road and school construction, on major disease research at the Na- have the means to achieve his ends in irrigation projects, and training a self- tional Institutes of Health. It is more Iraq. But it does not yet amount to the sustaining Afghan security force. This than double our entire post-9/11 Home- mid-course correction that is called aid may also help shore up some sup- land Security budget. It amounts to for. port for the embattled, pro-Western $3.5 million each week throughout 2004 The administration still has a long President of Afghanistan, Hamid for each of the 435 congressional dis- way to go in presenting to the Amer- Karzai. However, decades of civil war tricts in our country; $3.5 million dol- ican people and to our prospective al- have left the nation without such basic lars each week for each district. I will lies a credible plan for securing and re- needs as a modern electric power infra- leave it to colleagues to calculate what building Iraq. There is no time to structure, urban sanitation systems, or this could mean in terms of covering spare, as the New York Times edito- an advanced medical infrastructure. the uninsured or upgrading our schools rialized on September 14, ‘‘If Mr. Bush There is much left to do, and it will or improving roads and mass transit. does not demonstrate a clear and con- take a concerted multinational effort So the cost of our Iraqi intervention vincing strategy soon, he may face po- to meet these needs. is immense and we are reminded daily litical pressure to bring home Amer- The administration must also explain of the human cost as well. American ican troops under conditions that to Congress and the public how the $87 fatalities since the President declared would be embarrassing for America and billion, all of it deficit spending, far be- the combat phase concluded now num- perilous for the Middle East.’’ yond the scale of most emergency sup- ber 158, more than the 139 incurred dur- In the first place, Mr. Speaker, the plemental appropriations requests, is ing active combat. Honest acknowledg- President must provide a straight- to be paid for. In particular, is it either ment of these costs is essential both to forward account of how the $79 billion fair or fiscally prudent to leave in assessing our Nation’s course thus far already appropriated has been spent place, much less to extend, massive tax and to charting our course ahead. and what the newly requested $87 bil- cuts for those in the highest brackets, As it became more and more evident lion will buy. Accountability for funds tax cuts that have produced unprece- last winter that nothing was likely to thus far expended; justification for the dented annual deficits and that mock divert the President from the course he present request; and an honest esti- the very idea of shared sacrifice? had chosen in Iraq, I, like others, took mate of the costs yet to come. Secondly, the administration must to the House floor to raise questions Is the request consistent with our deal with the question of troop that the administration had not an- first priority of combatting terrorism strength. The supplemental appropria- swered, questions which were basic to in Afghanistan and beyond? Is it based tions request assumes American troops any rationale for war: on realistic estimates of funding from will remain at present levels for at ‘‘What accounting do we have of the oil revenues and from allied contribu- least another year. We in North Caro- costs and risks of military invasion? tions? Even if we succeed in enlisting lina have particular reason to recog- How are we to secure and maintain the additional allies, that will only par- nize the spectacular performance of our support and engagement of our allies? tially ease our financial burden. Cur- men and women in uniform during the Can Iraq be disarmed by means that do rent plans, for example, are for Poland combat phase and the valor and com- not divert us from, or otherwise com- to lead a multinational force of some 19 mitment they continue to display promise, equally or more urgent anti- countries in the central-southern re- under trying conditions. Tens of thou- terrorist and diplomatic objectives? Do gion of Iraq. But of the estimated $240 sands of these troops have been de- we have a credible plan for rebuilding million cost of the operation, Poland is ployed from our State, including Na- and governing post-war Iraq? Have we expected to pay no more than $40 mil- tional Guard and Reserve units that secured the necessary international co- lion, with the U.S. covering the rest. have been subject to repeated call-ups. operation ensure that this does not be- It is critically important, I believe, By the same token, however, North come a perceived U.S. occupation?’’ to focus separately on the portion of Carolinians have been especially atten- I must say in retrospect that those the President’s of $87 billion request tive to evidence of administration were legitimate and important ques- that is targeted to Afghanistan: $11 bil- misjudgments as to the troop levels tions. In some areas, the administra- lion for military operations and $800 that would be required in post-war tion had no answer or wrong answers, million for reconstruction. Those num- Iraq, to extensions in the tours of and in others they refused to level with bers pale in comparison to the Iraq re- many units, and to the mismatch be- Congress and the American people. quest, and they may not be sufficient. tween what these troops have been In crucial respects, our Afghan oper- trained for and the security and recon- b 1600 ations offer a contrast to Iraq. Afghan- struction functions that they are being On one of the few instances when istan was a war of necessity. It was di- called upon to perform. Secretary of Defense Donald Rumsfeld rectly related to the 9/11 attacks. It Secretary Rumsfeld has offered dubi- addressed the war’s costs, he echoed was endorsed and supported almost ous assurances, despite the continuing OMB Mitch Daniels with an estimate of unanimously by the world community. level of violence, that no more troops ‘‘something under $50 billion.’’ That The NATO alliance has now assumed are needed; but the administration has was in January, and a few weeks later responsibility for ongoing operations not explained how even the present his deputy, Paul Wolfowitz, described there. Yet the country is largely unse- level of deployment in Iraq can be sus- Iraq as ‘‘a country that can really fi- cured outside of Kabul and the top tained. Of the Army’s 33 active duty nance its own reconstruction, and rel- leadership of both the Taliban and al combat brigades, 16 are currently as- atively soon.’’ Such statements help us Qaeda is still at large. signed to Iraq and five elsewhere over- understand the fix we are in in Iraq and Our decision to deal with the Iraqi seas. Almost all of the others are need- the pressure the administration is now challenge through a massive military ed for rotation purposes, mainly in facing to give an honest accounting, invasion has arguably set back the Iraq, and for emergency standby re- along with a credible plan, complete broader war on terrorism, allowing the lated to North Korea. As of last week, with cost and deployment estimates, Taliban and al Qaeda to regroup. There more than 128,000 Army Guard and Re- going forward. is no place in the world where it is serve members, or 23 percent of the The President’s $87 billion supple- more important to position U.S. Spe- force, were mobilized in support of op- mental appropriations request has been cial Forces than in the Afghanistan- erations overseas and in the United accompanied by a return to the United Pakistan border region where Taliban States, many on yearlong tours, with Nations to seek the support, for the and al Qaeda forces are still operating. thousands more to be deployed or rede- post-war reconstruction of Iraq, of the Our Special Forces must be fully sup- ployed soon.

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.088 H25PT1 H8946 CONGRESSIONAL RECORD — HOUSE September 25, 2003 Thirdly, what is the administration’s so when the likely reward is another ons, even hindsight is still unclear. plan for securing allied participation horrific bombing by Hamas, whose Iraq possessed and used such weapons and how much relief can this realisti- structure of terror remains intact. As in the past. Yet after 5 months, no cally afford relative to American finan- for the Palestinians, they feel they are stockpiles have been found. U.S. weap- cial and personnel requirements? The being asked to risk a civil war by tak- ons inspector David Kay is soon ex- tens of thousands of additional troops ing on militant groups by force with- pected to make an interim report to and the billions of dollars of additional out assurances that settlements will Congress on the Iraqis weapons pro- funding that we need in Iraq, as well as actually be removed from Palestinian gram. By all reports, he will suggest our broader antiterrorist and peace- territory or statehood achieved. That that Saddam may have intended to making endeavors in the Middle East, is why American leadership is abso- produce weapons when and if U.N. in- will require intensive diplomatic repair lutely essential, to help ensure that spectors left Iraq. However, intent does work in the coming weeks. The return both sides in fact comply with the road not constitute an imminent threat. of Secretary Powell and of the Presi- map and that the process is steadied While Mr. Kay has work left to do, he dent to the United Nations is a nec- against the predictable attempts at has yet to uncover the threat that we essary first step toward the coopera- sabotage by the enemies of peace. expected. tive ties we must forge with allies If the process remains stalled and the Regarding Iraq’s development of ranging from Germany and France to violence continues, American leaders deployable nuclear weapons and the India and Turkey and Egypt. At the may need to think outside the Road- tenuous linkage between al Qaeda and same time, we must press ahead with Map ‘‘box’’ in terms of putting a peace the Iraqi government, we are not sim- the recruitment and training of indige- plan on the table proactively. What is ply talking about 20/20 hindsight. We nous Iraqi police and security forces not even thinkable is for our govern- are talking about evidence that Mem- and the transition to Iraqi self-rule. ment again to disengage and to let that bers of this body knew, or should have Finally, we look to the President for death grip tighten. known, to be shaky as early as the Oc- a reaffirmation of America’s commit- Mr. Speaker, we are at a critical tober congressional vote authorizing ment to Middle East peacemaking. juncture in the war on terrorism and in the use of force and certainly in the After almost 21⁄2 years of ill-advised our Nation’s engagement in the Middle winter months leading up to the inva- disengagement from the quest for a fair East. We must push ahead with the re- sion. and enduring settlement between Israel construction and democratization of The President and administration of- and its neighbors, the President has Afghanistan and Iraq, preventing ei- ficials continue to obfuscate the Iraqi- commendably joined with our ‘‘Quar- ther a return to tyranny or a collapse al Qaeda link, which now may become tet’’ partners, the European Union, the into violence that would allow forces a self-fulfilling prophecy as Iraq be- United Nations and Russia, to an- deadly to our country’s vital interests comes a magnet for terrorist nounce the ‘‘Road Map’’ initiative for to take root. operatives from around the region. As mutual, step-by-step Israeli-Pales- That is what the supplemental appro- for the claims by the President, the tinian accommodations. priations requested by the President Vice President, and others that Iraq Recent weeks have not been auspi- must help underwrite, and that is why was attempting to reconstitute its nu- cious for the Road Map initiative. I expect that most of us in this body clear program, we have the testimony Hamas suicide bombers have conducted are likely in due course to support of retired foreign service officer Joseph devastating attacks, killing and maim- something close to the requested Wilson, who was dispatched to Niger in ing dozens of Israelis, many of them amount. But while Congress was will- early 2002 to investigate reported sales teenagers and children. The Israeli gov- ing to provide a blank check in the of uranium ore to Iraq. ‘‘Based on my ernment has stepped up its targeted as- past, it does not seem likely to do so experience with the administration in sassination of Hamas leaders and mem- now. We must have an accounting of the months leading up to the war,’’ Wilson wrote, ‘‘I have little choice but bers and has tightened its chokehold the administration’s strategy going to conclude that some of the intel- on the occupied territories. forward, its timetables and objectives, ligence related to Iraq’s nuclear weap- In fact, the two sides seemed locked its costs and personnel requirements, ons program was twisted to exaggerate in a death grip. Violent deaths since how our allies will share in its obliga- the Iraqi threat.’’ the collapse of the peace process num- tion, and how past mistakes will be ber 858 among Israelis and 2,468 Pal- corrected or avoided. The committees b 1615 estinians. Who would not be moved by of the Congress must schedule suffi- The House and Senate Permanent Se- the story of two of the victims of the cient hearings to allow administration lect Committees on Intelligence are September 9 Jerusalem bombing, Dr. officials to make their case and to currently conducting investigations David Applebaum and his daughter allow Members to question them fully. which we are assured will focus not Naava, out on an errand the night be- The need for mid-course correction only on the prewar performance of U.S. fore what was to be her happy wedding raises serious issues, yet unresolved, intelligence agencies but also on how day? Such wrenching stories under- about the path to war that the Presi- the White House used intelligence in- score again and again the urgency of dent chose. We will no doubt debate formation to make the case for war. reaching a settlement that ensures se- these questions for years to come, and These investigations must be thorough curity and integrity for Israel and a we cannot allow them to paralyze us and objective, following the facts wher- viable state for the Palestinians. And now. But if we are to correct our ever they lead. We commend these col- in the post-9/11 world, Middle East course and go forward successfully, we leagues for the hard work they have peacemaking has assumed an added di- must confront the flawed premises and done thus far. They know we are count- mension. ‘‘Suicide bombing is becom- the failed diplomacy that set the terms ing on them for a conscientious and ing so routine’’ in Israel/Palestine, of the Iraqi invasion. In closing, I want comprehensive job. If this investiga- Thomas Friedman recently wrote, to underscore the importance of one of tion takes a partisan turn, or if there ‘‘that it risks becoming embedded in these pieces of unfinished business, not is any hint of pressure to protect the contemporary culture. America must merely to clear the air but also to clar- administration, sentiment may well stop it. A credible peace deal is no ify what Congress and the American shift toward an inquiry by an inde- longer a U.S. luxury: it is essential to people must demand of this adminis- pendent commission of the sort the our own homeland security. Otherwise, tration or of any administration in the gentleman from California (Mr. WAX- this suicide madness will spread, and it future. I am referring to the intel- MAN) has proposed. We must never con- will be Americans who will have to ligence and to the interpretations of clude, despite the undisputed fact that learn how to live with it.’’ intelligence on which the decision to Saddam Hussein was a blood-soaked ty- The simultaneous steps that the invade Iraq was based. rant, and that both the Iraqis and the Road Map envisions are politically dif- We are all aware, Mr. Speaker, of the world are better off with him gone—we ficult and vulnerable to sabotage. The perils of 20/20 hindsight. And on some still must never conclude that the Israeli government, reluctant to chal- questions, most notably Iraq’s posses- credibility of the reasons that our gov- lenge the settlers in any case, is doubly sion of chemical and biological weap- ernment gave to the American people

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.090 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8947 and to our potential allies for going to Mr. MORAN of Kansas, for 5 minutes, serve System, transmitting the Board’s final war do not matter. These reasons, October 2. rule — Truth in Lending [Regulation Z; which centered on the grave threat Mr. DUNCAN, for 5 minutes, today. Docket No. R-1157] received September 24, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the posed by Iraq’s weapons program, do Mr. JONES of North Carolina, for 5 Committee on Financial Services. matter. If they are found to have been minutes, today. 4417. A letter from the Acting General based on fallacious or manipulated evi- f Counsel, FEMA, Department of Homeland dence, the blow to our international Security, transmitting the Department’s credibility and to the integrity of the ENROLLED BILLS SIGNED final rule — National Flood Insurance Pro- discourse on which our democracy de- gram (NFIP); Assistance to Private Sector Mr. Trandahl, Clerk of the House, re- Property Insurers; Extension of Term of Ar- pends will be profound. ported and found truly enrolled bills of Mr. Speaker, there will be many calls rangement (RIN: 1660-AA29) received Sep- the House of the following titles, which tember 23, 2003, pursuant to 5 U.S.C. for national unity and resolve as we were thereupon signed by the Speaker: 801(a)(1)(A); to the Committee on Financial consider the President’s $87 billion re- H.R. 2555. An act making appropriations Services. quest and contemplate the long, hard for the Department of Homeland Security for 4418. A letter from the Acting General road ahead. I will join in those calls, the fiscal year ending September 30, 2004, and Counsel, FEMA, Department of Homeland for the challenges confronting our for other purposes. Security, transmitting the Department’s country transcend political divisions H.R. 2657. An act making appropriations final rule — Suspension of Community Eligi- for the Legislative Branch for the fiscal year bility [Docket No. FEMA-7815] received Sep- and the differences we have had in the tember 23, 2003, pursuant to 5 U.S.C. past. But the administration needs to ending September 30, 2004, and for other pur- poses. 801(a)(1)(A); to the Committee on Financial understand its end of the bargain, for Services. in a democracy, where power is shared f 4419. A letter from the Assistant General between the executive and legislative Counsel for Regulations, Department of Edu- SENATE ENROLLED BILLS SIGNED branches of government, critical deci- cation, transmitting the Department’s final sions must not be taken in an atmos- The SPEAKER announced his signa- rule — Special Demonstration Programs-- ture to enrolled bills of the Senate of Model Demonstrations to Improve the Lit- phere of deception or political intimi- eracy and Employment Outcomes of Individ- dation or stealth. Going forward, we the following titles: uals With Disabilities (RIN: 1820-ZA29) re- must hold one another accountable for S. 111. An act to direct the Secretary of the ceived September 24, 2003, pursuant to 5 the clear-eyed development of a strat- Interior to conduct a special resource study U.S.C. 801(a)(1)(A); to the Committee on Edu- egy in Iraq, Afghanistan, and the Mid- to determine the national significance of the cation and the Workforce. dle East, planning carefully and real- Miami Circle site in the State of Florida as 4420. A letter from the Director, Direc- well as the suitability and feasibility of its torate of Construction, OSHA, Department istically, dealing truthfully with costs inclusion in the National Park System as of Labor, transmitting the Department’s and risks, and working cooperatively part of Biscayne National Park, and for final rule — Safety Standards for Signs, Sig- with allies who share our values and other purposes. nals and Barricades [Docket # S-018] (RIN: goals. This is the mid-course correc- S. 233. An act to direct the Secretary of the 1218-AB88) received September 17, 2003, pur- tion, indeed the new beginning, that we Interior to conduct a study of Coltsville in suant to 5 U.S.C. 801(a)(1)(A); to the Com- need to signal and to achieve as we the State of Connecticut for potential inclu- mittee on Education and the Workforce. consider the request the President has sion in the National Park System. 4421. A letter from the Director, Regula- tions Policy and Management Staff, FDA, made of this Congress and of the people S. 278. An act to make certain adjustments to the boundaries of the Mount Naomi Wil- Department of Health and Human Services, we represent. derness Area, and for other purposes. transmitting the Department’s final rule — f Anorectal Drug Products for Over-the- f Counter Human Use [Docket No. 1980N-0050] LEAVE OF ABSENCE ADJOURNMENT (RIN: 0910-AA01) received September 23, 2003, By unanimous consent, leave of ab- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- sence was granted to: Mr. PRICE of North Carolina. Mr. mittee on Energy and Commerce. Mr. LARSON of Connecticut (at the re- Speaker, I move that the House do now 4422. A letter from the Secretary, Depart- adjourn. ment of Health and Human Services, trans- quest of Ms. PELOSI) for today on ac- mitting a interim report entitled ‘‘Human count of personal reasons. The motion was agreed to; accord- Papillomavirus: Surveillance and Prevention f ingly (at 4 o’clock and 19 minutes Research,’’ pursuant to Public Law 106—554, p.m.), under its previous order, the section 317P.(b)(2) #(114 Stat. 2763A—72); to SPECIAL ORDERS GRANTED House adjourned until Monday, Sep- the Committee on Energy and Commerce. By unanimous consent, permission to tember 29, 2003, at noon. 4423. A letter from the Director, Office of address the House, following the legis- Congressional Affairs, Nuclear Regulatory f lative program and any special orders Commission, transmitting the Commission’s heretofore entered, was granted to: EXECUTIVE COMMUNICATIONS, final rule — Office of Nuclear Material Safe- ty and Safeguards Consolidated Decommis- (The following Members (at the re- ETC. sioning Guidance; Notice of Availability — quest of Mr. PALLONE) to revise and ex- Under clause 8 of rule XII, executive received September 17, 2003, pursuant to 5 tend their remarks and include extra- communications were taken from the U.S.C. 801(a)(1)(A); to the Committee on En- neous material): Speaker’s table and referred as follows: ergy and Commerce. Mr. BROWN of Ohio, for 5 minutes, 4424. A letter from the Director, Office of today. 4413. A communication from the President Congressional Affairs, Nuclear Regulatory of the United States, transmitting FY 2004 Commission, transmitting the Commission’s Mr. PALLONE, for 5 minutes, today. budget amendment for International Assist- Mr. FILNER, for 5 minutes, today. final rule — Geological and Seismological ance Program; (H. Doc. No. 108—130); to the Characteristics for Siting and Design of Dry Ms. NORTON, for 5 minutes, today. Committee on Appropriations and ordered to Cask Independent Spent Fuel Storage Instal- Mr. MATHESON, for 5 minutes, today. be printed. lations and Monitored Retrievable Storage Mr. DEFAZIO, for 5 minutes, today. 4414. A letter from the Deputy Under Sec- Installations (RIN: 3150-AG93) received Sep- Mr. MCDERMOTT, for 5 minutes, retary of Defense, Department of Defense, tember 17, 2003, pursuant to 5 U.S.C. today. transmitting The Fiscal Year 2002 Defense 801(a)(1)(A); to the Committee on Energy and Mr. WU, for 5 minutes, today. Environmental Technology Program Annual Commerce. (The following Members (at the re- Report, pursuant to 10 U.S.C. 2706; to the 4425. A letter from the Director, Office of quest of Mr. DUNCAN) to revise and ex- Committee on Armed Services. Congressional Affairs, Nuclear Regulatory tend their remarks and include extra- 4415. A letter from the Director of Defense Commission, transmitting the Commission’s neous material): Research and Engineering, Department of final rule — Combustible Gas Control in Con- Defense, transmitting a report on the experi- Mrs. BLACKBURN, for 5 minutes, tainment (RIN: 3150-AG76) received Sep- ence under FY 1999 and 2000 ‘‘Pilot Program today. tember 23, 2003, pursuant to 5 U.S.C. for Revitalizing the Laboratories and Test 801(a)(1)(A); to the Committee on Energy and Mr. WOLF, for 5 minutes, today. and Evaluation Centers of the Department of Commerce. Mr. MARIO DIAZ-BALART of Florida, Defense’’; to the Committee on Armed Serv- 4426. A communication from the President for 5 minutes, September 30. ices. of the United States, transmitting a report Ms. GINNY BROWN-WAITE of Florida, 4416. A letter from the Assistant to the prepared by the Department of State con- for 5 minutes, September 30. Board, Board of Governors of the Federal Re- cerning international agreements other than

VerDate jul 14 2003 00:53 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K25SE7.092 H25PT1 H8948 CONGRESSIONAL RECORD — HOUSE September 25, 2003 treaties entered into by the United States be 4436. A letter from the Chief, Endangered 4445. A letter from the Director, Regula- transmitted to the Congress within a sixty Species Division, National Oceanic and At- tions Management, Department of Veterans day period after the execution thereof as mospheric Administration, transmitting the Affairs, transmitting the Department’s final specified in the Case-Zablocki Act, pursuant Administration’s final rule — Sea Turtle rule — VA Homeless Providers Grant and to 1 U.S.C. 112b(b); to the Committee on Conservation Measures for the Pound Net Per Diem Program (RIN: 2900-AL30) received International Relations. Fishery in Virginia Waters [Docket No. September 24, 2003, pursuant to 5 U.S.C. 4427. A letter from the Assistant Secretary 020319061-2122-02; I.D. 031402B] (RIN: 0648- 801(a)(1)(A); to the Committee on Veterans’ for Policy, Management and Budget, Depart- AP81) received September 17, 2003, pursuant Affairs. ment of the Interior, transmitting a revised to 5 U.S.C. 801(a)(1)(A); to the Committee on 4446. A letter from the Director, Regula- copy of the Department’s Annual Report on Resources. tions Management, Department of Veterans grants streamlining and standardization, 4437. A letter from the Deputy Assistant Affairs, transmitting the Department’s final pursuant to Public Law 106—107, section 5 Administrator for Operations, NMFS, Na- rule — Eligibility for an Appropriate Govern- (113 Stat. 1488); to the Committee on Govern- tional Oceanic and Atmospheric Administra- ment Marker for a Grave Already Marked at ment Reform. tion, transmitting the Administration’s final Private Expense (RIN: 2900-AL40) received 4428. A letter from the Director, Office of rule — American Lobster Fishery [Docket September 24, 2003, pursuant to 5 U.S.C. Personnel Management, transmitting a leg- No. 001120327-1037-02; I.D. 091800H] (RIN: 0648- 801(a)(1)(A); to the Committee on Veterans’ islative proposal to provide for review of cer- AO58) received September 23, 2003, pursuant Affairs. tain determinations of the Board of Actu- to 5 U.S.C. 801(a)(1)(A); to the Committee on 4447. A letter from the Director, Regula- aries of the Civil Service Retirement System Resources. tions Management, Department of Veterans in accordance with the requirements of the 4438. A letter from the Deputy Assistant Affairs, transmitting the Department’s final Constitution; to the Committee on Govern- Administrator for Operations, NMFS, Na- rule — Compensation and Pension Provisions ment Reform. tional Oceanic and Atmospheric Administra- of the Veterans Benefits Act of 2002 (RIN: 4429. A letter from the Chief, Endangered tion, transmitting the Administration’s final 2900-AL62) received September 24, 2003, pur- Species Division, National Oceanic and At- rule — Magnuson-Stevens Fishery Conserva- suant to 5 U.S.C. 801(a)(1)(A); to the Com- mospheric Administration, transmitting the tion and Managment Act Provisions; Fish- mittee on Veterans’ Affairs. Administration’s final rule — Endangered eries of the Northeastern United States; At- 4448. A letter from the Chief, Regulations and Threatened Wildlife; Sea Turtle Con- lantic Herring Fishery; Atlantic Herring Unit, Internal Revenue Service, transmitting servation Requirements; Taking of Threat- Fishery Management Plan; Partial Delay the Service’s final rule — Special Deprecia- ened or Endangered Species Incidental to [Docket No. 000105004-0260-02; I.D. 063099A] tion Allowance [TD 9091] (RIN: 1545-BC19) re- Commercial Fishing Operations [Docket No. (RIN: 0648-AI78) received September 23, 2003, ceived September 24, 2003, pursuant to 5 010820209-1209-01; I.D. 080901A] (RIN: 0648- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on AP40) received September 17, 2003, pursuant mittee on Resources. Ways and Means. to 5 U.S.C. 801(a)(1)(A); to the Committee on 4439. A letter from the Acting Director, Of- 4449. A letter from the Chief, Regulations Resources. fice of Sustainable Fisheries, NMFS, Na- Unit, Internal Revenue Service, transmitting 4430. A letter from the Chief, Endangered tional Oceanic and Atmospheric Administra- the Service’s final rule — Weighted Average Species Division, National Oceanic and At- tion, transmitting the Administration’s final Interest Rate Update [Notice 2003-63] re- mospheric Administration, transmitting the rule — Fisheries of the Economic Exclusive ceived September 24, 2003, pursuant to 5 Administration’s final rule — Sea Turtle Zone Off Alaska; Shallow-Water Species U.S.C. 801(a)(1)(A); to the Committee on Conservation; Restrictions to Fishing Activi- Fishery by Vessels Using Trawl Gear in the Ways and Means. ties [Docket No. 010926236-2199-02; I.D. Gulf of Alaska [Docket No. 021122286-3036-02; 4450. A letter from the Chief, Regulations 081202B] (RIN: 0648-AP63) received September Unit, Internal Revenue Service, transmitting 17, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to I.D. 091103A] received September 23, 2003, the Service’s final rule — Taxation of fringe the Committee on Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 4431. A letter from the Chief, Endangered mittee on Resources. benefits (Rev. Rul. 2003-89) received Sep- Species Division, National Oceanic and At- 4440. A letter from the Acting Director, Of- tember 24, 2003, pursuant to 5 U.S.C. mospheric Administration, transmitting The fice of Sustainable Fisheries, NMFS, Na- 801(a)(1)(A); to the Committee on Ways and Administration’s final rule — Sea Turtle tional Oceanic and Atmospheric Administra- Means. Conservation; Summer Flounder Trawling tion, transmitting the Administration’s final 4451. A letter from the Acting Chief, Publi- Requirements [Docket No. 991007270-2042-02; rule — Fisheries of the Exclusive Economic cations and Regulations Branch, Internal I.D. 090399E] (RIN: 0648-AM89) received Sep- Zone Off Alaska; Pacific Cod by Vessels Revenue Service, transmitting the Service’s tember 17, 2003, pursuant to 5 U.S.C. Catching Pacific Cod for Processing by the final rule — Determination of Issue Price in 801(a)(1)(A); to the Committee on Resources. Inshore Component in the Central Regu- the Case of Certain Debt Instruments Issued 4432. A letter from the Chief, Endangered latory Area of the Gulf of Alaska [Docket for Property (Rev. Rul. 2003-107) received Species Division, National Oceanic and At- No. 021122286-3036-02; I.D. 090803B] received September 24, 2003, pursuant to 5 U.S.C. mospheric Administration, transmitting the September 23, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Administration’s final rule — Sea Turtle 801(a)(1)(A); to the Committee on Resources. Means. Conservation; Restrictions to Fishing Activi- 4441. A letter from the Chief Counsel for 4452. A letter from the Acting Chief, Publi- ties [Docket 020313057-2278-02; I.D. 031102E] Technology Administration, Department of cations and Regulations Branch, Internal (RIN: 0648-AP91) received September 17, 2003, Commerce, transmitting the Department’s Revenue Service, transmitting the Service’s pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- final rule — Licensing of Government Owned final rule — Last-in, First-out Inventories mittee on Resources. Inventions [Docket No. 010111012-1012-01] (Rev. Rul. 2003-103) received September 24, 4433. A letter from the Chief, Endangered (RIN: 0692-AA17) received September 16, 2003, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the Species Division, National Oceanic and At- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Ways and Means. mospheric Administration, transmitting the mittee on the Judiciary. 4453. A letter from the Acting Chief, Publi- Administration’s final rule — Sea Turtle 4442. A letter from the Staff Director, cations and Regulations Branch, Internal Conservation; Restrictions to Fishing Activi- United States Commission on Civil Rights, Revenue Service, transmitting the Service’s ties [Docket 020313057-2057-01; I.D. 031102E] transmitting notification that the U.S. Com- final rule — New Markets Tax Credit [Notice (RIN: 0648-AP91) received September 17, 2003, mission on Civil Rights recently voted to re- 2003-64] received September 24, 2003, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- charter the Connecticut State Advisory to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Resources. Committee; to the Committee on the Judici- Ways and Means. 4434. A letter from the Chief, Endangered ary. 4454. A letter from the Acting Chief, Publi- Species Division, National Oceanic and At- 4443. A letter from the Director, Regula- cations and Regulations Branch, Internal mospheric Administration, transmitting the tions Management, Department of Veterans Revenue Service, transmitting the Service’s Administration’s final rule — Sea Turtle Affairs, transmitting the Department’s final final rule — Built-in Gains and Losses under Conservation; Shrimp Trawling Require- rule — Board of Veterans’ Appeals: Rules of Section 382(h) [Notice 2003-65] received Sep- ments [Docket No. 980331080-0286-03; I.D. Practice--Motions for Revision of Decisions tember 17, 2003, pursuant to 5 U.S.C. 092100A] (RIN: 0648-AK66) received September on Grounds of Clear and Unmistakable 801(a)(1)(A); to the Committee on Ways and 17, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to Error: Advancement on the Docket (RIN: Means. the Committee on Resources. 2900-AJ85) received September 23, 2003, pursu- 4455. A letter from the Acting Chief, Publi- 4435. A letter from the Chief, Endangered ant to 5 U.S.C. 801(a)(1)(A); to the Committee cations and Regulations Branch, Internal Species Division, National Oceanic and At- on Veterans’ Affairs. Revenue Service, transmitting the Service’s mospheric Administration, transmitting the 4444. A letter from the Director, Regula- final rule — The Jobs and Growth Tax Relief Administration’s final rule — Sea Turtle tions Management, Department of Veterans Reconciliation Act of 2003--Information Re- Conservation; Restrictions Applicable to Affairs, transmitting the Department’s final porting for Payments in Lieu of Dividends Fishing and Scientific Research Activities rule — Board of Veterans’ Appeals: Speeding [Notice 2003-67] received September 17, 2003, [Docket No. 010607150-1264-02; I.D. 091200F] Appellate Review for Aging Veterans (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 0648-AN64) received September 17, 2003, 2900-AL08) received September 23, 2003, pur- mittee on Ways and Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4456. A letter from the Acting Chief, Publi- mittee on Resources. mittee on Veterans’ Affairs. cations and Regulations Branch, Internal

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Revenue Service, transmitting the Service’s ERS, Mr. FOSSELLA, Ms. WATERS, Ms. H.R. 3185. A bill to designate the facility of final rule — Determination of Interest Rate EDDIE BERNICE JOHNSON of Texas, and the United States Postal Service located at (Rev. Rul. 2003-104) received September 17, Mr. NETHERCUTT): 38 Spring Street in Nashua, New Hampshire, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 3178. A bill to amend the Elementary as the ‘‘Hugh Gregg Post Office Building’’; to Committee on Ways and Means. and Secondary Education Act of 1965 to pro- the Committee on Government Reform. 4457. A letter from the Director, Office of hibit interference by certain grant recipients By Mr. CLAY: Personnel Management, transmitting a draft with a student’s treatment of his or her dia- H.R. 3186. A bill to establish and maintain of proposed legislation entitled ‘‘To elimi- betes; to the Committee on Education and geospatial preparedness for the Nation with nate inequities in the compensation of cer- the Workforce. the National Spatial Data Infrastructure and tain Federal employees stationed outside the By Mr. SENSENBRENNER (for himself integrated applications and systems required continental United States, and other pur- and Mr. GOSS): for homeland security, national defense, poses’’; jointly to the Committees on Inter- H.R. 3179. A bill to strengthen anti-ter- electronic government, and for other pur- national Relations and Government Reform. rorism investigative tools and promote in- poses; to the Committee on Science. formation sharing, and for other purposes; to By Mr. CUNNINGHAM: f the Committee on the Judiciary, and in addi- H.R. 3187. A bill to require a temporary REPORTS OF COMMITTEES ON tion to the Committee on Intelligence (Per- moratorium on leasing, exploration, and de- manent Select), for a period to be subse- velopment on lands of the Outer Continental PUBLIC BILLS AND RESOLUTIONS quently determined by the Speaker, in each Shelf off the State of California, and for Under clause 2 of rule XIII, reports of case for consideration of such provisions as other purposes; to the Committee on Re- committees were delivered to the Clerk fall within the jurisdiction of the committee sources. for printing and reference to the proper concerned. By Mr. LUCAS of Oklahoma (for him- By Mr. GEORGE MILLER of California self, Mr. GOODLATTE, Mr. STENHOLM, calendar, as follows: (for himself, Ms. PELOSI, Mr. KILDEE, and Mr. HOLDEN): Mr. SENSENBRENNER: Committee on the Mr. OWENS, Mr. PAYNE, Mr. ANDREWS, H.R. 3188. A bill to amend the Federal In- Judiciary. H.R. 2714. A bill to reauthorize the Ms. WOOLSEY, Mr. HINOJOSA, Mrs. secticide, Fungicide, and Rodenticide Act to State Justice Institute (Rept. 108–285). Re- MCCARTHY of New York, Mr. provide for the enhanced review of covered ferred to the Committee of the Whole House TIERNEY, Mr. KUCINICH, Mr. HOLT, Ms. pesticide products, to authorize fees for cer- on the State of the Union. MCCOLLUM, Mr. DAVIS of Illinois, Mr. tain pesticide products, and to extend and Mr. SENSENBRENNER: Committee on the CASE, Mr. GRIJALVA, Mr. VAN improve the collection of maintenance fees; Judiciary. H.R. 1829. A bill to amend title 18, HOLLEN, Mr. RYAN of Ohio, Mr. to the Committee on Agriculture. United States Code, to require Federal Pris- BISHOP of New York, Ms. MAJETTE, By Mr. PALLONE: on Industries to compete for its contracts Mr. ABERCROMBIE, Mr. SCOTT of Vir- H.R. 3189. A bill to amend title XVIII of the minimizing its unfair competition with pri- ginia, Mrs. JONES of Ohio, Mr. Social Security Act and the Employee Re- vate sector firms and their non-inmate work- SERRANO, Mr. FRANK of Massachu- tirement Income Security Act of 1974 to im- ers and empowering Federal agencies to get setts, Mr. NADLER, Mr. CROWLEY, Ms. prove access to health insurance and Medi- the best value for taxpayers’ dollars, to pro- MILLENDER-MCDONALD, Mr. BROWN of care benefits for individuals ages 55 to 65 to vide a five-year period during which Federal Ohio, Ms. BALDWIN, Ms. DELAURO, be fully funded through premiums and anti- Prison Industries adjusts to obtaining in- Ms. WATSON, Mr. WEXLER, Mr. ORTIZ, fraud provisions, to amend title XIX of the mate work opportunities through other than Mr. HOEFFEL, Mr. ALEXANDER, Mr. Social Security Act to provide financial as- sistance for those individuals who are too its mandatory source status, to enhance in- ISRAEL, Mr. FILNER, Ms. SOLIS, Mr. poor to afford the premiums, and for other mate access to remedial and vocational op- MARKEY, Ms. NORTON, Mr. purposes; to the Committee on Ways and portunities and other rehabilitative opportu- FALEOMAVAEGA, Mr. CUMMINGS, Ms. Means, and in addition to the Committees on nities to better prepare inmates for a suc- LORETTA SANCHEZ of California, Mr. Energy and Commerce, and Education and cessful return to society, to authorize alter- HONDA, Ms. CARSON of Indiana, Ms. the Workforce, for a period to be subse- native inmate work opportunities in support JACKSON-LEE of Texas, Mr. quently determined by the Speaker, in each of non-profit organizations, and for other RUPPERSBERGER, Mr. GUTIERREZ, Ms. case for consideration of such provisions as purposes, with an amendment (Rept. 108–286). LINDA T. SANCHEZ of California, and fall within the jurisdiction of the committee Referred to the Committee of the Whole Mr. EMANUEL): concerned. H.R. 3180. A bill to amend the Higher Edu- House on the State of the Union. By Mr. PICKERING: cation Act of 1965; to the Committee on Edu- f H.R. 3190. A bill to safeguard our religious cation and the Workforce. liberties; to the Committee on the Judiciary. By Mr. LATOURETTE (for himself and PUBLIC BILLS AND RESOLUTIONS By Mr. RYUN of Kansas (for himself, Ms. NORTON): Mr. PITTS, Mr. BARTLETT of Mary- Under clause 2 of rule XII, public H.R. 3181. A bill to amend the Robert T. OOLITTLE, Mr. FRANKS of bills and resolutions were introduced Stafford Disaster Relief and Emergency As- land, Mr. D and severally referred, as follows: sistance Act to reauthorize the predisaster Arizona, Mr. GOODE, Mr. TIAHRT, Mr. mitigation program, and for other purposes; CHABOT, Mr. HYDE, Mr. HEFLEY, Mr. By Mr. DEMINT: RYAN of Wisconsin, Mr. FEENEY, and H.R. 3177. A bill to amend the Social Secu- to the Committee on Transportation and In- frastructure. Mr. HENSARLING): rity Act and the Internal Revenue Code of H.R. 3191. A bill to prescribe the oath of re- By Mr. CAMP (for himself, Mr. CARDIN, 1986 to preserve and strengthen the Social nunciation and allegiance for purposes of the Mr. HERGER, Mr. DELAY, Mr. STARK, Security Program through the creation of Immigration and Nationality Act; to the Mr. CANTOR, Mr. MCDERMOTT, Mr. individual Social Security accounts ensuring Committee on the Judiciary. full benefits for all workers and their fami- ENGLISH, and Mr. MCINNIS): H.R. 3182. A bill to reauthorize the adop- By Mr. SNYDER (for himself, Mr. lies, giving Americans ownership of their re- tion incentive payments program under part ALLEN, Mr. HINCHEY, Mr. SERRANO, tirement, restoring long-term Social Secu- E of title IV of the Social Security Act, and Mr. ROSS, Mr. MCDERMOTT, and Mr. rity solvency, and for other purposes; to the for other purposes; to the Committee on EMANUEL): Committee on Ways and Means. Ways and Means. H.R. 3192. A bill to amend titles XIX and By Mr. HINOJOSA (for himself, Mr. By Mr. OXLEY (for himself and Mr. XXI of the Social Security Act to permit CONYERS, Mrs. CHRISTENSEN, Ms. States to cover low-income youth up to age FRANK of Massachusetts): JACKSON-LEE of Texas, Mr. BELL, Mr. H.R. 3183. A bill to provide for direct and 23 with an enhanced matching rate; to the PLATTS, Mr. REYES, Mr. LANTOS, Mr. accurate compensation to financial institu- Committee on Energy and Commerce. DAVIS of Illinois, Mr. GREEN of Texas, tions for providing various critical deposi- By Mr. SOUDER (for himself, Mr. Mr. KILDEE, Mr. GORDON, Mr. MCNUL- tary and financial agency services for or on ROSS, Mr. DEMINT, Mr. BURTON of In- TY, Mr. MCGOVERN, Ms. CORRINE behalf of the United States, and for other diana, Mr. STENHOLM, Mr. SAM JOHN- BROWN of Florida, Mr. OWENS, Mr. purposes; to the Committee on Financial SON of Texas, Mr. GOODE, Mr. WEXLER, Mr. SERRANO, Mr. TOWNS, Services. HOLDEN, Mr. SESSIONS, Mr. BERRY, Mr. BACA, Mr. BECERRA, Mr. By Mr. ISTOOK (for himself, Mr. Mr. JOHNSON of Illinois, Mr. BISHOP of CARDOZA, Mr. GONZALEZ, Mr. DELAHUNT, Mr. BACHUS, Mr. Georgia, Mr. CANNON, Mr. CRAMER, GRIJALVA, Mr. GUTIERREZ, Mr. BALLANCE, Mr. BOOZMAN, Mr. Mr. WILSON of South Carolina, Mr. MENENDEZ, Mrs. NAPOLITANO, Mr. CAPUANO, Mr. CONYERS, Mr. FRANK of JOHN, Mrs. JO ANN DAVIS of Virginia, PASTOR, Mr. ORTIZ, Mr. RODRIGUEZ, Massachusetts, Mr. ISAKSON, Mr. Mr. PLATTS, Mr. REYES, Mr. LEWIS of Ms. LINDA T. SANCHEZ of California, LAHOOD, and Mr. STENHOLM): Kentucky, Mr. PUTNAM, Mr. MATHE- Ms. LORETTA SANCHEZ of California, H.R. 3184. A bill to promote simplification SON, Mr. PAUL, Mr. HALL, Mr. Ms. SOLIS, Ms. VELAZQUEZ, Mr. ABER- and fairness in the administration and col- MICHAUD, Mr. ORTIZ, Mrs. CROMBIE, Ms. ROYBAL-ALLARD, Mr. lection of sales and use taxes; to the Com- BLACKBURN, Mr. MICA, Mr. DEAL of ETHERIDGE, Mr. CLAY, Mr. BALLANCE, mittee on the Judiciary. Georgia, Mr. ISTOOK, Mr. NEY, Mr. Ms. SLAUGHTER, Ms. DEGETTE, Mr. By Mr. BASS (for himself and Mr. GOODLATTE, Mr. SCHROCK, Mr. POR- MCDERMOTT, Mr. PAYNE, Mr. SAND- BRADLEY of New Hampshire): TER, Mr. HENSARLING, Mr. CARTER,

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Mr. SANDLIN, Mr. BRADY of Texas, 204. Also,a memorial of the House of Rep- H.R. 2269: Mr. TOOMEY and Mrs. MYRICK. Mr. BURGESS, Mr. REHBERG, Mr. resentatives of the State of Massachusetts, H.R. 2318: Mr. DOGGETT. SMITH of Texas, Mr. NEUGEBAUER, Mr. relative to a Resolution memorializing the H.R. 2347: Ms. HART and Mr. SMITH of New VITTER, Mr. EVERETT, Mr. SULLIVAN, United States Congress to repeal the Govern- Jersey. Mrs. MILLER of Michigan, Mr. PETER- ment Pension Offset Rule of Title II of the H.R. 2352: Mr. GUTIERREZ. SON of Minnesota, Mr. CARSON of Social Security Act; to the Committee on H.R. 2379: Mr. HOEKSTRA. Oklahoma, Mr. ALEXANDER, Mr. Ways and Means. H.R. 2385: Mr. CANNON. TURNER of Texas, Mr. DAVIS of Ten- H.R. 2389: Mr. EMANUEL. f nessee, Mr. OTTER, Mr. GREEN of H.R. 2391: Mr. KIND. H.R. 2394: Mr. GRIJALVA and Mr. PAYNE. Texas, Mr. BARTON of Texas, Mr. ADDITIONAL SPONSORS GINGREY, Mrs. CUBIN, Mr. BACHUS, H.R. 2402: Ms. BALDWIN. H.R. 2511: Mr. HALL. Mr. DUNCAN, Mr. JANKLOW, Mr. BOU- Under clause 7 of rule XII, sponsors H.R. 2515: Mr. POMEROY and Mr. CHER, Mr. MARSHALL, Mr. RYAN of were added to public bills and resolu- RUPPERSBERGER. Ohio, and Mr. TOOMEY): tions as follows: H.R. 2569: Mr. MATSUI. H.R. 3193. A bill to restore second amend- H.R. 31: Mrs. JO ANN DAVIS of Virginia. ment rights in the District of Columbia; to H.R. 2628: Mr. CARSON of Oklahoma. H.R. 54: Ms. HARRIS. H.R. 2662: Mr. PORTER. the Committee on Government Reform. H.R. 173: Mr. PUTNAM and Mr. EMANUEL. H.R. 2671: Mr. TAUZIN and Mr. HOEKSTRA. By Mr. WELDON of Pennsylvania (for H.R. 198: Mr. NORWOOD. H.R. 2702: Mr. EMANUEL. himself and Ms. DEGETTE): H.R. 284: Mr. MORAN of Kansas. H.R. 2706: Mr. SESSIONS. H.R. 3194. A bill to amend title XVIII of the H.R. 331: Mr. ETHERIDGE. H.R. 2719: Mr. BALLANCE. Social Security Act to improve access to dia- H.R. 339: Mr. BRADY of Pennsylvania, Mr. H.R. 2732: Mr. LAHOOD, Mr. JANKLOW, and betes self-management training by desig- PEARCE, Mr. NETHERCUTT, Mr. TANCREDO, and Mr. ISTOOK. nating certified diabetes educators recog- Ms. ROS-LEHTINEN. H.R. 2743: Mr. CASE. nized by the National Certification Board of H.R. 348: Ms. LINDA T. SANCHEZ of Cali- H.R. 2768: Mr. SANDERS, Mr. LARSEN of Diabetes Educators as certified providers for fornia. Washington, Mr. BARRETT of South Carolina, purposes of outpatient diabetes education H.R. 358: Mr. GREEN of Wisconsin. and Mr. CLYBURN. services under part B of the Medicare Pro- H.R. 548: Mr. ACKERMAN and Mr. H.R. 2770: Mr. FALEOMAVAEGA. gram; to the Committee on Energy and Com- ETHERIDGE. H.R. 2813: Mr. GARRETT of New Jersey. merce, and in addition to the Committee on H.R. 571: Mr. SULLIVAN, Mrs. MALONEY, and H.R. 2850: Mr. GRIJALVA. Ways and Means, for a period to be subse- Mr. PEARCE. H.R. 2885: Mr. JANKLOW. quently determined by the Speaker, in each H.R. 713: Mr. TIAHRT. H.R. 2900: Mr. STENHOLM, Mr. THOMPSON of case for consideration of such provisions as H.R. 728: Mr. KELLER and Mr. GALLEGLY. California, and Mr. MOORE. fall within the jurisdiction of the committee H.R. 775: Mr. JENKINS. H.R. 2905: Ms. MCCOLLUM. concerned. H.R. 792: Mr. BARRETT of South Carolina. H.R. 2934: Mr. RYUN of Kansas and Mr. By Mr. REYES: H.R. 806: Mr. SKELTON. CHABOT. H. Con. Res. 289. Concurrent resolution H.R. 819: Mr. WAXMAN. H.R. 2947: Mr. EMANUEL and Mr. SNYDER. urging the Secretary of Homeland Security H.R. 2948: Mr. HONDA. H.R. 850: Mr. SULLIVAN. to use the Interior Repatriation Program for H.R. 2959: Mr. GOODE and Ms. DEGETTE. H.R. 857: Mr. DEFAZIO and Ms. ESHOO. apprehended aliens who repeatedly enter the H.R. 2971: Mr. SERRANO. H.R. 870: Mr. KINGSTON and Mr. JONES of United States illegally, urging the President H.R. 2998: Mr. LANGEVIN, Mr. TAYLOR of North Carolina. of the United States to request more funds Mississippi, Mr. JOHNSON of Illinois, Ms. H.R. 876: Mr. ROGERS of Alabama. for such program for fiscal year 2005, and for BERKLEY, and Mr. HAYWORTH. H.R. 879: Mr. GREEN of Wisconsin. other purposes; to the Committee on the Ju- H.R. 3002: Mr. SOUDER and Mr. GOODE. H.R. 919: Mr. HOUGHTON and Mr. diciary. H.R. 3015: Mr. SOUDER and Mr. EMANUEL. BALLENGER. By Mr. BELL (for himself, Mr. H.R. 3027: Mr. FARR and Mr. SANDERS. H.R. 962: Mr. DEUTSCH and Mr. CULBERSON, Mr. BARTON of Texas, Mr. H.R. 3052: Mr. JONES of North Carolina. MCDERMOTT. BONILLA, Mr. BRADY of Texas, Mr. H.R. 3069: Mr. JANKLOW and Mr. KING of H.R. 997: Mr. QUINN. BURGESS, Mr. CARTER, Mr. DOGGETT, Iowa. H.R. 1205: Mr. GRIJALVA. Mr. EDWARDS, Mr. FROST, Mr. GON- H.R. 3079: Mr. KELLER, Mr. CAMP, and Mr. H.R. 1250: Mr. MOORE. ZALEZ, Ms. GRANGER, Mr. GREEN of TIBERI. H.R. 1302: Mr. SAM JOHNSON of Texas. Texas, Mr. HALL, Mr. HENSARLING, H.R. 3094: Mr. BAKER and Mr. DEAL of Geor- H.R. 1310: Mr. ROSS and Mrs. BLACKBURN. Mr. HINOJOSA, Ms. JACKSON-LEE of gia. H.R. 1336: Ms. BERKLEY, Mr. PAUL, Mr. Texas, Mr. SAM JOHNSON of Texas, H.R. 3119: Mr. NEY, Mr. BURGESS, Ms. ROGERS of Michigan, Mr. MILLER of Florida, Ms. EDDIE BERNICE JOHNSON of Texas, PRYCE of Ohio, Mr. BAIRD, and Mr. PETRI. Mr. ROSS, and Mrs. BLACKBURN. Mr. LAMPSON, Mr. ORTIZ, Mr. PAUL, H.R. 3122: Ms. SLAUGHTER. H.R. 1345: Mr. TOWNS, Mr. MEEHAN, and Mr. Mr. REYES, Mr. RODRIGUEZ, Mr. H.R. 3130: Mr. WELDON of Florida and Mr. ETHERIDGE. SANDLIN, Mr. SESSIONS, Mr. STEN- HOEKSTRA. H.R. 1372: Mr. PEARCE, Mrs. MUSGRAVE, Mr. HOLM, Mr. THORNBERRY, and Mr. H.R. 3137: Mr. DEUTSCH and Ms. ROS- BAIRD, and Mr. DICKS. TURNER of Texas): LEHTINEN. H.R. 1508: Mr. HOLDEN. H. Res. 379. A resolution honoring the Rice H.R. 3139: Mr. HASTINGS of Florida, Ms. H.R. 1513: Mr. RYAN of Wisconsin. University Owls baseball team for winning MILLENDER-MCDONALD, Ms. LEE, Mr. GEORGE H.R. 1523: Mr. GOODE, Mr. ISAKSON, Mr. the NCAA baseball championship; to the MILLER of California, and Mr. STARK. CAMP, Mr. LEWIS of Georgia, Mr. HYDE, Mr. Committee on Education and the Workforce. H.R. 3149: Mr. SOUDER. QUINN, and Mr. ROSS. By Ms. CORRINE BROWN of Florida H.R. 3153: Mr. BROWN of Ohio, Mr. CASE, H.R. 1532: Ms. LINDA T. SANCHEZ of Cali- (for herself, Mr. FOLEY, Mr. HASTINGS Mr. SERRANO, Ms. MCCOLLUM, and Mr. FARR. fornia, Mr. HINCHEY, Mr. BERMAN, and Mr. of Florida, Mr. BILIRAKIS, Mr. LIN- H.R. 3161: Mr. BRADLEY of New Hampshire, DEFAZIO. COLN DIAZ-BALART of Florida, and Mr. Mr. BACHUS, Mr. WALDEN of Oregon, Mr. H.R. 1582: Mr. GIBBONS. KELLER): MICHAUD, Mr. KIRK, Mr. FRELINGHUYSEN, H. Res. 380. A resolution honoring Ericka H.R. 1660: Mr. PAUL. Mrs. CUBIN, Mr. FOSSELLA, Mr. BURR, Mr. Dunlap, Miss America 2004; to the Com- H.R. 1689: Ms. BALDWIN. PICKERING, Mr. BASS, Mr. SHERMAN, Mrs. mittee on Government Reform. H.R. 1731: Mr. ROSS. BONO, Mr. SHIMKUS, Ms. SCHAKOWSKY, Mr. H.R. 1734: Mr. MURTHA. GREEN of Texas, Mr. PALLONE, Mr. STUPAK, f H.R. 1735: Ms. LINDA T. SANCHEZ of Cali- Mr. HALL, Ms. SOLIS, Mr. SHIFF, Ms. ESHOO, MEMORIALS fornia, and Mr. GREEN of Texas. Mr. DOYLE, Mr. WAXMAN, Ms. DEGETTE, Mr. H.R. 1749: Ms. LOFGREN and Ms. CORRINE Under clause 3 of rule XII, memorials DEUTSCH, Mr. RUSH, Mr. TOWNS, Mr. WYNN, BROWN of Florida. Mr. JOHN, Mr. DAVIS of Florida, Mr. ALLEN, were presented and referred as follows: H.R. 1796: Ms. KILPATRICK, Mr. EMANUEL, Mrs. CAPPS, Mr. GORDON, Mr. ENGEL, and Mr. 203. The SPEAKER presented a memorial Mr. WU, and Mr. DAVIS of Illinois. STEARNS. of the Legislature of the State of Maine, rel- H.R. 1829: Mr. FOLEY, Mr. TAYLOR of North H. Con. Res. 218: Mr. ANDREWS, Ms. ROS- ative to H.P. 1215 Joint Resolution memori- Carolina, Mr. KIRK, and Ms. KILPATRICK. LEHTINEN, Ms. JACKSON-LEE of Texas, and alizing the Congress of the United States not H.R. 1958: Mr. MORAN of Virginia. Mrs. JONES of Ohio. to change what is currently a very successful H.R. 2034: Mr. OTTER and Mr. SOUDER. H. Con. Res. 266: Mr. GREEN of Wisconsin, program, to keep the Head Start funding sys- H.R. 2047: Mr. DAVIS of Florida. and Ms. LINDA T. SANCHEZ of California. tem as it is and to make sure that all the H.R. 2094: Mrs. MALONEY and Mr. GARRETT H. Con. Res. 275: Mr. SPRATT. children in America who need this program of New Jersey. H. Con. Res. 285: Mr. ENGLISH. have the opportunity to be part of Head H.R. 2181: Mr. SMITH of Michigan. H. Res. 261: Mr. SOUDER and Mr. CAPUANO. Start; to the Committee on Education and H.R. 2203: Mr. GUTIERREZ. H. Res. 300: Mr. RAMSTAD, Mr. SESSIONS, the Workforce. H.R. 2264: Mr. GALLEGLY. Mr. MOORE, Mr. BLUNT, Mr. KING of Iowa,

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\L25SE7.100 H25PT1 September 25, 2003 CONGRESSIONAL RECORD — HOUSE H8951 Mrs. MUSGRAVE, Mr. SULLIVAN, and Mr. DELETIONS OF SPONSORS FROM the Committee on Transportation and Infra- HENSARLING. PUBLIC BILLS AND RESOLUTIONS structure. 40. Also,a petition of Florida League of Cit- H. Res. 356: Mr. ENGEL, Mr. BEREUTER, Mr. Under clause 7 of rule XII, sponsors MCCOTTER, Mr. GALLEGLY, Mr. HOEFFEL, and ies, Inc., relative to a resolution supporting Mr. BELL. were deleted from public bills and reso- the Reauthorization of a Successor Program lutions as follows: to the Transportation Equity Act for the 21st H. Res. 372: Mr. TOWNS, Mr. MCGOVERN, Mr. Century, and supporting the elimination of HASTINGS of Florida, Mr. KILDEE, Mr. H.R. 1078: Mr. KLINE and Mr. PITTS. funding inequities that exist for the receipt MCDERMOTT, Mr. EMANUEL, Mr. GRIJALVA, f of funds by the State of Florida; to the Com- Ms. LEE, Mr. HOEFFEL, Mr. ABERCROMBIE, Ms. mittee on Transportation and Infrastruc- HARRIS, Mr. UDALL of New Mexico, Mr. PETITIONS, ETC. ture. REYES, Mr. MCCOTTER, Ms. MCCOLLUM, Mr. SNYDER, Ms. EDDIE BERNICE JOHNSON of Under clause 3 of rule XII, petitions Texas, Mr. BURTON of Indiana, Mr. PAYNE, and papers were laid on the clerk’s f Mr. SHERMAN, Mr. CROWLEY, Mr. BERMAN, desk and referred as follows: Mr. ACKERMAN, Ms. BERKLEY, Mr. MENENDEZ, 39. The SPEAKER presented a petition of DISCHARGE PETITIONS— Mrs. JO ANN DAVIS, of Virginia, Mr. Florida League of Cities, Inc., relative to a ADDITIONS OR DELETIONS GALLEGLY, Mr. FROST, Mr. FALEOMAVAEGA, resolution in support of including heightened The following Members added their and Mr. KING of New York. accountability and performance measure- H. Res. 373: Mr. MEEHAN, Ms. LEE, Ms. NOR- ments for State Departments of Transpor- names to the following discharge peti- TON, Mrs. TAUSCHER, Mr. HINCHEY, Mr. tation and Metropolitan Planning Organiza- tions: TOWNS, Mr. GRIJALVA, Mr. KENNEDY of Rhode tions in the Reauthorization of the Trans- Petition 2, by Mr. JIM MARSHALL on Island, and Mrs. CAPPS. portation Equity Act for the 21st Century; to House Resolution 251: Walter B. Jones.

VerDate jul 14 2003 00:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A25SE7.031 H25PT1 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, THURSDAY, SEPTEMBER 25, 2003 No. 133 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY guished leader a question, we have a called to order by the President pro LEADER number of Jewish Members who are tempore [Mr. STEVENS]. The PRESIDENT pro tempore. The concerned about tomorrow. They want The PRESIDENT pro tempore. To- majority leader is recognized. to be home by sundown. We have at day’s prayer will be offered by our f least one Senator who would like to be guest Chaplain, Dr. Sheila C. Gustaf- home in California in time for observ- son, of the First Presbyterian Church SCHEDULE ance of the holiday. I am wondering if in Sante Fe, NM. Mr. FRIST. Mr. President, this morn- the leader has made a decision about ing the Senator will conduct a period tomorrow yet because of the holiday. PRAYER of morning business to allow Senators Mr. FRIST. We will discuss tomor- The guest Chaplain offered the fol- to speak. Following morning business, row’s schedule over the course of the lowing prayer: at approximately 10:30, the Senate will morning. We will let people know. Ob- Eternal Spirit of God, You are in all begin consideration of the conference viously, we will take that into strong report to accompany the Defense ap- our beginnings and all our endings, and consideration in terms of scheduling propriations bill. Senators STEVENS You are with us at the beginning of votes for tomorrow. I do expect us to and INOUYE will be ready to give their this day’s session of the Senate. We be voting in the morning. But in terms remarks at that time. It is my hope pray for the Senators here gathered, of specifics, we will have announce- that we can schedule the vote on that ments as we go through the day. and for those who are about our Na- conference report prior to noon. tion’s business in other places and in Very shortly we will be going into Yesterday, we completed two con- morning business, but I want to make other ways, that this day might offer ference reports—the Homeland Secu- new opportunities for creative service. several comments. rity and the legislative appropriations As most people know, my colleagues We pray for them fresh perspectives reports. I thank Senators COCHRAN, on perplexing problems, and new oppor- and others, we have made a concerted CAMPBELL, and the ranking members effort to respond to the President of tunities for cooperation. May they for assisting in getting these ready for model for our people, and for the people the United States in terms of emer- the floor for full Senate consideration. gency requests to support our troops of the world, a process of corporate dis- Following the Defense appropriations and our military efforts overseas—the cernment which allows inspired solu- conference report passage, we will con- men and women who are fighting for tions to emerge to the challenges we sider the remaining available judicial freedom and democracy. Thus, over the face as a Nation and global commu- nominations and another two or three nity. And grant each one of them, we still on the Executive Calendar that course of this week, we have held a pray, the physical, mental, and spir- hopefully we will be able to clear. number of hearings at the committee itual stamina to persevere in support There is a standing request from the level with the hopes that we would be of truth and justice. other side of the aisle that a rollcall able to end at a reasonable but as short a time as possible so as to bring that Author of liberty, we are grateful vote be held on judicial nominations request to the floor of the Senate in that we are privileged to live in a na- and, therefore, we will schedule those order to have plenty of time to both tion of abundance and freedom. We votes accordingly. look at amendments and to debate, dis- know that to whom much has been We will resume consideration of the cuss, and examine the specifics of that given, much is expected. Bless the Sen- District of Columbia appropriations request. ators who work on our behalf to fulfill bill today. Senator DEWINE has been We are going into a recess at the end our country’s great calling and respon- actively engaged in working through a of next week. That is what is antici- sibility. Amen. number of possible amendments to that bill. I hope we can make substantial pated now. As I said last week, know- ing that the supplemental would be de- f progress today toward finishing that measure. livered last week, we immediately We have a number of the appropria- began to set up a 2-week period by PLEDGE OF ALLEGIANCE tions bills and conference reports to which the Senators would have suffi- The PRESIDENT pro tempore led the consider, and we will consider those as cient and adequate time to address this Pledge of Allegiance, as follows: they become available. I thank Mem- particular request. This week, we had I pledge allegiance to the Flag of the bers for their cooperation in this re- over 30 hours of hearings at the com- United States of America, and to the Repub- gard. mittee level. lic for which it stands, one nation under God, Mr. REID. Mr. President, if I could, The distinguished President pro tem- indivisible, with liberty and justice for all. through the Chair, ask the distin- pore attended most of those hearings.

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

S11929

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VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11930 CONGRESSIONAL RECORD — SENATE September 25, 2003 There have been seven separate hear- There are at least 6 congressional com- have been able to live up to that. We ings in the Senate alone in addition to mittees over 5 days, in addition to are not trying in any way to slow down the hearings that are being held in the speaking informally to our policy or stall this most important legisla- House of Representatives. luncheons. He is a public servant in the tion, but there is not a question of run- We have had attendance at the policy truest sense of the word, a great man ning out of money tomorrow, the next lunches to be briefed on both sides of serving our Nation. day, or the next day. I don’t think it the aisle by Ambassador Bremer. The As we debate the appropriate policies would hurt until we got back to have President has given two national ad- in Iraq, I want everyone to remember some final time to complete this. dresses that relate to this supple- that he and others, military and civil- That is coming from this Senator, mental request. ian, are sacrificing for us in Iraq. I not the caucus. I am sure the Demo- I mention this because I have said I know we will have our differences. I en- cratic leader will be in touch early in would schedule adequate time for con- courage all of our colleagues to be re- the day. We had a number of meetings sideration. It requires a lot of partici- spectful of each other as we move for- yesterday to talk about this most im- pation over the course of this time. ward and as we recognize the great, un- portant subject. Probably over 70 Members are partici- selfish leadership of Ambassador For the third time today, we want it pating in those particular hearings Bremer. understood we on this side are going to that are being held this week. Mr. REID. Mr. President, the Senator do everything we can to support the I think it is important to have us from New Mexico wants to speak re- troops. There are serious questions come to the floor so we can have a full garding the Chaplain. I will finish in a about the reconstruction money and debate and debate amendments on the minute. how we should handle that. I don’t floor as well. While the majority leader is on the think anyone disputes the fact they That will be the goal for next week. floor, I say to the distinguished major- need reconstruction money. I think we Again, because at the end of next week ity leader, the reason I stepped off the need to take a close look at that. we will go on a recess for greater than floor is I got a call from one of our Mr. FRIST. Mr. President, I respect a week, I believe it is important to re- Jewish Senators indicating they were what the assistant Democratic leader spond to the emergency requests by the speaking for a number of other Sen- has put forward. I am not making accu- President of the United States, our ators of that faith. They not only have sations of stalling or obstruction at all. Commander in Chief, in a timely way. to, as I indicated, be home in time for I do feel it is important as we turn on That means this week and next week. the sundown services but also have to our television sets every morning or f prepare meals and things of that na- read the paper and we see the impor- ture. They wanted me to let you know, tance of the security in Iraq that we AMBASSADOR BREMER if there is some way we could meet the address the issue which has been Mr. FRIST. Mr. President, I wanted burdensome schedule we have tonight, brought by our leaders on the ground to comment on Ambassador Bremer it would sure be good for them because there, the security issues and the re- briefly. they have a lot of things to do other quest for the supplemental, as expedi- I asked Ambassador Paul Bremer to than be home by sundown. tiously as possible and not delay un- come back and to participate in the I also say, while the majority leader necessarily. That is why from a leader- hearings this week. He has really gone is here—I am speaking for me—I want ship position I want to focus this body nonstop. to do everything I can—and I think I on that security issue and spend what- I express my deep appreciation for can fairly speak for the Democratic ever time it takes right now to address his presence every day—both in formal caucus—to move this very important that issue. meetings, informal meetings, and hear- supplemental. Senator BYRD and others I understand we are working in good ings. He is the U.S. administrator of are extremely concerned, for example, faith as we go forward. My intention is Iraq and head of the coalition of provi- about having the hearing on Monday. to continue to address thoroughly, sional authority. The distinguished President pro tem- with plenty of debate, maybe an un- Early last summer, Ambassador pore has heard from Senator BYRD him- precedented number of hearings in a Bremer, who had already retired from self. He would rather have that on short period of time, by most signifi- government service, was asked by the Tuesday and rather have some other cant people, and to allow adequate President of the United States, on very witnesses. time for floor debate. If we can keep short notice, to move to Iraq and to We want to do everything we can to working together, it is my goal to dis- lead the coalition effort to stabilize the be fair and responsible and move this pose of this appropriately over the next country; indeed, he volunteered to do along. However, remember, the House 9 days before we go on recess. I am so. is not going to mark up their legisla- going to have a hard time leaving the We all listen to him, and in listening tion until the week we are gone. Senate to go on recess and not address- to his testimony, we all realize what a The leader is right, we should do ev- ing a Presidential request. daunting task he has. Iraq has been erything we can to move this along, The House of Representatives is stay- ruled by a vicious dictator for decades, but I don’t want anyone thinking that ing here. They are not going on recess. the economy has deteriorated, as we all Democratic Senators who have some They are going to be addressing it in know, to near pre-industrial levels, the concern about the large amount of this early October. That is why at least population is scarred by the ravages of number, especially the reconstruction, from a schedule standpoint I want to this dictatorship, the Saddam Hussein are in any way trying to hold this up. do it as soon as possible. regime, and now we have the foreign We want to cooperate in any way we Mr. REID. If I could just say this, the terrorists who on a daily basis seem to can. other problem we have is we do not be sneaking in the country, adding to Now, speaking only for this Senator, want to have to go through this twice. the disorder and death. I think it may be to the advantage of Under the procedures of the Senate, Through all this, Ambassador Bremer the Senate to take this over and do when we just have a Senate bill, we are continues to lead. He does that in spite whatever debate we need next week but limited very much because points of of personally being under constant not complete it until we get back. I order will be raised on most everything threat of attack and even constant have complimented the distinguished we do relative to amendments. I ask threat of assassination in that part of majority leader on a number of occa- the distinguished majority leader to the world. Like many of our fine serv- sions since the Senator has taken over understand we do not need to go ice men and women, he has left loved the Senate. We have had very few needs through this twice because when the ones behind and is living in what we all to file cloture on your side. We have bill comes back over from the House, know are tough conditions in Iraq to tried to be as cooperative as possible. we do not need to go through the same serve the United States of America. For example, without entering into amendment procedure again. Ambassador Bremer may set a record unanimous consent agreements we sim- I am not sure we gain anything by this week for the number of commit- ply have told you we will finish a bill trying to complete this by next week. tees before which he is testifying. on a certain night and generally we We would be well served to see what

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11931 the House gives us and work through thing changes, this is going to be ex- order are raised on the amendments, that. That way there can be amend- ceedingly difficult. denying us the opportunity to have ments that can be offered without So I only put the Senate on notice. this debate in the first place. points of order being issued to those. And, again, as I said, I attempted to So I guess my answer to the distin- Otherwise, we are stuck offering call the majority leader prior to the guished majority leader would be amendments, points of order, then time I came to the Senate floor to im- threefold: No. 1, will we have an oppor- coming back with the House bill and press upon him privately the same tunity to offer the amendments with- doing the same thing again. message I am sharing with our col- out points of order being raised against I see the distinguished Democratic leagues in this public way. We will them? No. 2, when will the markup ac- leader on the floor and I certainly will have more to say about it later. But tually occur? And if it does occur on not speak anymore. this matter has generated far greater Monday, I fear there could be some pro- f anxiety and anger than virtually any- cedural delays involved in bringing the thing I have seen in a long time. bill up. No. 3, we need to have a clear RECOGNITION OF THE MINORITY I yield the floor. understanding of just when this legisla- LEADER The PRESIDENT pro tempore. The tion needs to be passed to accommo- The PRESIDENT pro tempore. The majority leader. date the schedule Ambassador Bremer Democratic leader is recognized. Mr. FRIST. Mr. President, I note the noted to our caucus. If we do not need Mr. DASCHLE. Mr. President, I see Senator from New Mexico wants to to finish this until January, that is an- the Senator from New Mexico is ready comment on the guest Chaplain and he other matter. So some clarification to speak, as well, and I will be brief. has to be at a funeral. with regard to the urgency of this issue We had a caucus last night, and I We will talk privately. We have not also needs to be provided. don’t know that I can recall ever hav- had the opportunity to talk since their I certainly will work with the major- ing witnessed the depth of anger and caucus, so we can handle our discussion ity leader as we follow through with deep-seated frustration expressed by all privately and then come back to the these questions. of our membership as a result of the floor. The PRESIDENT pro tempore. The scheduling decisions made with regard Again, my goal is simply to address majority leader. to the supplemental next week. It this request in a manner where both Mr. FRIST. Mr. President, let me started with the decision that may sides are heard. We have done our very turn to the Senator from New Mexico. have been necessary but made last best this week to schedule it in terms I know he has a comment on the guest week with regard to calling Ambas- of the hearings, and we have talked Chaplain, as well as other comments. sador Bremer to a hearing on Monday, further about that. Mr. REID. Mr. President, could I the very day the hearing was scheduled I do ask you to consider—because make a unanimous consent request in the afternoon. No Senators were no- how much time we spend in hearings or prior to the Senator from New Mexico tified ahead of time. Senators had very in markups or on the floor does not beginning? little time to prepare. Very few Sen- matter to me as much as having people The PRESIDENT pro tempore. The ators could attend because they were heard over a period of time—if the Senator from Nevada. out of town. Many expressed the view markup were delayed, will the Demo- Mr. REID. Mr. President, I ask unan- that this was orchestrated in a way to cratic side at least consider finishing imous consent that the time used by minimize the amount of scrutiny and this before we go out on our recess, the Senator from New Mexico not be attention Mr. Bremer would receive. given the fact that this is an emer- counted against the morning business Throughout the week, similar experi- gency request from the President of time of the Republicans, and that the ences have been noted. And now we the United States? We can, whenever it full 30 minutes be granted to each side have a markup on Monday, when, comes to the floor, start early, work due to this late start. again, Senators have made travel plans late; if it is Monday morning, coming The PRESIDENT pro tempore. Is and the real prospect for a good attend- in, or Tuesday, or as soon as you would there objection? Without objection, it is so ordered. ance is minimal at best. say, ‘‘Well, the markup is OK,’’ so we The Senator from New Mexico is rec- The frustration, the anger, the vent- could finish this before we go out on ing that I witnessed, and that most ognized. vacation or recess when we have this Mr. DOMENICI. Mr. President, first people felt, was as palpable as any cau- emergency request here. Can we finish of all, might I say to my friends on the cus I can recall holding in the 9 years it next week? other side, I came with the intention of I have been leader. I have not had the Mr. DASCHLE. Mr. President, again, speaking about the guest Chaplain, opportunity—I just tried to call the I would respond to the distinguished who is from New Mexico. But I want to majority leader, and I will talk to him majority leader in several ways. note we have an important event, a fu- in private in, hopefully, a couple min- First of all, the Ambassador, in neral for a 27-year-old son of one of our utes, but I would ask that we recon- speaking to our caucus on Tuesday, staffers from the Energy Committee at sider holding that markup on Monday. noted he does not need this money 10:15, so I will not be able to come back I would ask that in the name of com- until January. Now obviously one during that Republican time. So I ity, but also in the name of just ensur- could make the case that there really would ask if I can—— ing that there be an opportunity to do is not any rush to do this in Sep- Mr. REID. That was my request. You this right, it be postponed until Tues- tember. have it right now. day. I think we would actually accel- I would also say the House has not Mr. DOMENICI. I wonder if I could erate the prospects of completing the acted. Until the House acts—and they just give my speech on the guest Chap- work. are not going to act until next week— lain and also my other comments now. I will guarantee you, there will be many of my colleagues wonder what Mr. REID. That is what I asked in my very little prospect for comity and ac- the rush is. If we are denied the right unanimous consent request. commodation as we go through this al- to offer amendments, there are those The PRESIDENT pro tempore. With- ready very vexing and controversial who could make a point of order that out objection, the Senator is recog- supplemental request by the adminis- many of the amendments we will be of- nized. tration—in order for the Senate to fering involve legislating on appropria- f complete its work, it is going to take tions because of the germaneness ques- cooperation. But when our caucus feels tions. And if that becomes an issue, COMMENDING THE PRESIDENT as jammed as they do, as shut out as then I doubt very much that there will PRO TEMPORE they are, it will be very difficult to be any way we can finish next week. Mr. DOMENICI. Mr. President, first, reach some degree of procedural ac- As I think I heard the distinguished might I say, as I note your presence in commodation. So I will tell you that assistant Democratic leader note, this the chair—and you are also the chair- this matter needs more thought. I bill will come back, and we will have to man of the Appropriations Committee, would hope we could have more con- have a second debate when the House about which we are talking this morn- sultation. But I will say, unless some- bill comes to the Senate if points of ing—I compliment you. I have not seen

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11932 CONGRESSIONAL RECORD — SENATE September 25, 2003 more difficult hearings than you have credulity that it could be true, but it body involved in this on the ground in endured in getting started on this proc- is, because we are doing a good job. Iraq thinks we are on the right path— ess. I think you have been eminently We have been there 41⁄2 months—not the men there, the women there, the fair. I have great confidence that what years. For us to already have achieved generals there, the privates. The men you choose to do, and how you choose what has been done is borderline mi- whose boots are on the ground think to handle this, will be fair to every- raculous: Schools opened; hospitals we are doing right. The only people body. And I say that to you in all hon- opened; a council formed; a head of who don’t are countries such as esty. government there ready to move step France. We will never convince France f by step toward democratization, with about this. There is no use trying. great leadership of the 25-member gov- They have already forgotten about WELCOMING THE GUEST erning body, 17 of them Ph.D.s in the America and America’s involvement in CHAPLAIN subjects of the ministries they run. helping them, and they are on some Mr. DOMENICI. Mr. President, I am The agriculture ministry is run by an new path of their own. proud to introduce Rev. Sheila Gustaf- agronomist of real class, the water I remember as a Senator when people son from First Presbyterian Church of problems handled by a hydrologist of such as Helmut Kohl, the former Chan- Santa Fe, NM. She has devoted her life high quality. These are the kinds of cellor of Germany, would give a speech to the ministry of God and within her people working with us to put that that would make you cry about how work has touched many lives. country together. much Germany owed America. I heard She began her service as the first fe- One of the reasons I think we should one. I cried as he told of what brothers male pastor ever to serve at First Pres- move ahead rapidly—and I don’t know we were and why and what great people byterian Church, and she is devoted to what rapidly means on this legislation. we were to win a war and demand noth- their mission and has served it faith- Does it mean Monday, Tuesday, or ing from them. Here we are engaged in fully for the past 8 years. Wednesday? I don’t know—but we had a war against terror that will help all Reverend Gustafson demonstrates a better send a signal as soon as we can of Europe, and we have France and great leadership style that endears her that we are there to get this job done. other countries, for some reasons of not only to the members of her con- I had the privilege of asking ques- their own, out there acting as if Amer- gregation but to the community of tions yesterday of the two distin- ica were some foreign power that they Santa Fe. She has taken the lead with- guished generals, the chief of staff of don’t even know, that has some mis- in the New Mexico Coalition of Church- the military, General Myers, and the sion that is adverse to the world, when es to create a faith-based organization general in charge of the entire oper- they know better. They know our mis- that fights hate crimes and recently ation, General Abizaid, who speaks Ar- sion, they know our attitude, and they has dedicated her time to the revital- abic brilliantly. My questions to them know what kind of country we are. ization and modernization of First were: Will we win this war, this con- Presbyterian Church. This project will flict? Will we prevail, and will it end up Having said that, I hope, if we can’t allow the church to become a mission- positive? Instantly, each answered: move this emergency supplemental re- oriented building that will provide di- Yes. quest on Monday, that we move rap- rect assistance to the community. Can we win? idly, whenever that is, to let the Sen- First Presbyterian Church will be able Yes. ate speak. Do we want to abandon this to provide meeting space for social and Will we win? process before it ever has a chance to faith-based organizations. Yes. succeed, or do we want to give it a real I thank Reverend Gustafson for com- Do our men want to win? chance to prevail? I believe in the end ing to offer our invocation this morn- Yes. the latter will prevail. It will take ing. That is not an easy chore clear Are our men happy, pleased? Do they some time and some talking, but in the from New Mexico, as I know when I know what they are doing? end we will conclude that 41⁄2 months is take that trip every couple of weeks. It Absolutely. not long enough to determine the des- is an honor to have her here today. When I was finished with my time tiny of that country where we had such f with the Secretary of Defense and the a fantastic military victory that the two outstanding generals, I was con- world will recognize forever as one of PROGRESS IN IRAQ vinced that all we needed to be sure the single most significant military Mr. DOMENICI. Mr. President, I rise that democratization sets in and takes achievements in history with minimal to comment on where we are with ref- its footing there is the will to do it. We civilian damage and expeditious and erence to the war. I was very pleased to got into this with the full concurrence maximum annihilation of the real op- read in the New York Times yesterday of the Congress. Those who continually ponent. that a poll had been taken in Iraq. In speak of this as being President Bush’s We cannot quit after 4 months. We fact, the New York Times reports so war are stating the facts wrong. It is cannot say we will support the men little good news about the theater of our war. We voted for it by huge num- and women of the military but we the war, I figured it had to be a poll or bers, and we haven’t brought a resolu- won’t support the effort to provide the it wouldn’t state anything good. tion to the floor negating that, to my minimal service that will bring the The poll said two-thirds of the Iraqi knowledge. Iraqi people into a state where they people believed they were better off For those who now think it is not will want to move forward, democ- and that they would be better off in 5 ours, but that it is the President’s ratize, and become free. years, having gotten rid of Saddam, alone, maybe they ought to bring a res- rather than with him present. If you olution here denying that we are in- To me, it is a simple proposition— listen to all the news, you wonder volved and that it is just his, and see and maybe it should not be—that is, do whether the people of Iraq even care what the Senate would say. I believe no we want to give up or do we want to about our efforts to help or whether one will do it, and if they did it, it win? Do we want to abandon this effort 1 there are very many who are pleased to would overwhelmingly fail, because we after 4 ⁄2 months and challenge every be part of this transition toward free- want to win and we know it, but the single move by somebody as distin- dom. critics are involved in a great game of guished as Ambassador Bremer and his In addition, that same article said politics. team? I believe the answers are pretty something rather phenomenal about Truly, it is time we get politics out simple. The American people, even the distinguished Ambassador who of the scene and do what is needed. If with all the negatives thrown at them runs the American effort. The poll there are Senators who know how to do about what’s happening in Iraq, still said—and the New York Times used it better, they ought to propose it. This believe we did right going in, and they two words—‘‘remarkably positive’’—to is a very open body. If they have a bet- still believe we are right in being there characterize the 47 percent of the ter plan, suggest it. If they think we now. All that is left is that we do what Iraqis who said he was doing a very ought to spend the money differently, is right. good job. That was said almost with in- amend it. But we ought to do it. Every- I yield the floor.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11933 RESERVATION OF LEADER TIME mander General Abizaid, who is sup- March 19. Charlie Company dug by The PRESIDING OFFICER (Mr. plied with Army troops through the hand through the berm that marks the Jordanian-Iraqi border, and then they SUNUNU). Under the previous order, Army Chief of Staff, of which they are leadership time is reserved. having to stretch out these deploy- attacked into Iraq in support of the 5th ments of the National Guard and Re- Special Forces Group. They were in f serves in Iraq, had they listened—had Iraq before the war started on March MORNING BUSINESS the executive branch of Government 19. Since then, Charlie Company has listened that there had to be a plan in been passed around the theater, from The PRESIDING OFFICER. Under place, as we had for Germany and command to command, about 10 times, the previous order, there will be a pe- Japan—we had a plan being worked on from the 5th Special Forces Group, to riod for the transaction of morning for 3 years prior to the end of World Special Operations Headquarters, to business not to exceed 60 minutes, with War II for Germany and Japan—had the 5th Corps Headquarters, to the 3rd the first 30 minutes under the control the plan been in place, we would see Infantry Division, to the 2nd Armored of the Democratic leader or his des- that we should not have an American Cavalry Regimen, and to the 1st Ar- ignee, and the remaining 30 minutes face as occupiers in a Muslim country. mored Division. under the control of the Senator from Instead, it should be the world commu- Charlie Company is still there and Texas, Mrs. HUTCHISON, or her designee. nity participating in trying to stabilize they have suffered two fatalities—one The Senator from Florida is recog- Iraq politically and economically. gunned down at the University of nized. Had a plan been in place, the prepara- Baghdad the night I was coming into f tion would have been there to bring in Baghdad in early July, another in a ve- the Iraqi civilians to run the Govern- hicle accident, and a third wounded in UNITED STATES MILITARY the neck. Other companies of the three ROTATION POLICY ment so that there is an Iraqi face on the running of the Government. But battalions of the 124th Infantry, of the Mr. NELSON of Florida. Mr. Presi- that plan is not in place and we are Florida Guard, have been passed among dent, I will address the rotation policy seeing the results of the near chaos the headquarters all over the theater in Iraq of our U.S. military forces, and from time to time and, indeed, the sab- no less than 40 times since arriving in specifically the National Guard and the otage that is occurring, the deaths that the area of operations. Reserves. I will also address the plan- are occurring, and so forth. This is not a complaint. This is a ning of that rotation policy. But that is an issue for another day. statement of fact. Florida is justifiably Over the weekend, I met with enu- It is a table setter for what I want to proud of its contribution to the war on merable groups in Florida about their talk about—the inequity of the rota- terror. Florida has the third highest loved ones who are serving overseas. As tion policy and the plan that is specifi- number of Guard and Reserve soldiers members of the Senate Armed Services cally being conducted in the rotation mobilized and deployed globally in the war on terror, with 6,190 Florida Guard Committee, we addressed this issue of the troops in Iraq. with Deputy Secretary of Defense First, Florida’s National Guard is soldiers. Two States are a little higher, Wolfowitz and the Chairman of the one of the most professional in the Na- California and Texas, and it is only by Joint Chiefs, General Myers, in our tion. It is well organized, it is well a few hundred soldiers in each of those committee meeting 2 weeks ago on the trained, and it is well led. They have States. Florida has also deployed the second plan of rotation and the inequities that proven their dedication to duty in this highest number of Guard soldiers to are coming out as a result of the lack war, and they have committed to do the Iraqi theater. Right now, in the of planning and how that is being im- whatever this Nation asks, and they plemented. Iraqi area of operations, there are 2,482. have done it very well. We are second highest to Alabama, and Now, I am going to give some specific A couple of days ago, General Alabama has 38 soldiers more. These examples. I might say that this large Schoomaker, the Chief of Staff of the two States, Alabama and Florida, by stack contains all e-mails—and you Army, told me that the soldiers of the far have the most soldiers deployed to know how small the type is on e- Florida National Guard are as good as mails—from family members in my the Iraqi theater. they come. They are also tired and fa- No State has provided more infantry State about the inequity of the situa- tigued. tion. These are e-mails that I have re- from the Guard than Florida—1,392 in- I raised this rotation policy with the fantry soldiers, followed by Indiana’s ceived directly from soldiers, primarily Deputy Secretary of Defense and the infantry at 1,286. These two States by members of the Florida National Guard Chairman of the Joint Chiefs in that far are contributing more to the Iraqi and the Reserves. committee meeting a couple weeks theater from Guard units than are in- As I tried to address what I perceive ago. I have discussed this rotation pol- fantry troops. to be the inequity in this so-called plan icy with the Army Chief of Staff. I will Naturally, since they were deployed as being implemented, as I tried to ad- discuss this policy with the Secretary the day after Christmas, they are tired, dress it in committee, as I have in pri- of Defense tomorrow. and I believe they should be replaced vate meetings with the brass, and now Florida National Guard soldiers were by fresh troops as soon as possible. as I try to discuss these inequities with among the first Guard units alerted in There is a new policy, and the new the Senate, I, first, will say that had December. They were brought into the policy of the Defense Department is a the executive branch of Government armory the day after Christmas to ‘‘12-month Boots on the Ground in listened to the bipartisan voices in the start preparing all of their equipment, Iraq’’ rotation policy, and it may not Senate Armed Services Committee— and they were mobilized right after be equitably implemented because and in particular the Senate Foreign New Year’s Day. They were also among Florida’s Guard entered the theater in Relations Committee where the chair- the first to enter the theater of oper- company-size elements spread out over man of that committee, Dick Lugar of ations, beginning in February and flow- a period of 21⁄2 months. So it doesn’t Indiana, a Republican, and one of his ing quickly through March and early sound like it is equitable for this new ranking members, Senator CHUCK April. policy of boots-on-the-ground for the HAGEL of Nebraska, a Republican, and Florida’s National Guard soldiers clock to start ticking only when the another of his high-ranking members, participated throughout the major last unit arrives in theater, what they Senator LINCOLN CHAFEE of Rhode Is- combat phase of this operation and call over at the Pentagon ‘‘closed in land, a Republican, along with a chorus throughout the breadth and depth of command.’’ of voices on the committee, including the theater—a theater that we know I understand that other National mine—had they listened about the need had no safe rear area, in the traditional Guard units are already beginning the for a plan after the military campaign sense. process of coming home, and I am in the postwar occupation of Iraq, then Company C, Charlie Company, 2nd happy for them, and I am happy they I don’t think we would be going Battalion, 124th Infantry of the Florida are coming back to their loved ones. through the strains and stresses on this Guard—let me tell you what they did But I cannot seem to get a clear an- rotation policy. Combatant Com- before the war. The war started on swer from the Department of Defense

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11934 CONGRESSIONAL RECORD — SENATE September 25, 2003 and the Army about who is coming Miami on Monday, they were almost of Defense to open that issue, and thus home early and why. apologetic to me. They said: For me to far it has not been addressed. We must, National Guard units that have spent say anything sounds like I don’t want as a Nation, figure out how we are the entire major combat phase outside to be patriotic. I am most patriotic, going to deal with this challenge, or we of Iraq appear to be on the way home. they tell me, and we are so proud of are going to risk losing the numbers we I will give an example. our Guard who are serving. They are need in the finest Guard and Reserve I had several from the highest eche- pointing out, if others are coming back system in world history. lons of the Department of the Army in less than a year, why are our Florida If the demands on our military con- tell me that another State’s National Guard and Reserves going to be mobi- tinue at their current pace and more Guard is rotating back—that State’s lized for up to a year and a half? That than 12-month overseas deployments Guard has, in fact, never been in Iraq. is an excellent question. become routine—as some of the Florida In fact, if that information is correct Let me give some of these family sto- troops are facing, up to a year and a that the other State’s Guard is return- ries. In central Florida in Daytona half—then our National Guard and Re- ing in October, then they will have Beach at the Halifax Medical Center, serve troops are not going to re-enlist served there 11 months. I am happy for Kaitlyn Rose Long was born on Feb- when the time comes. Our military them, but I am questioning the equity ruary 25. Her father was not there. He force of the Army, which is roughly a of a case where because of a ‘‘closed in did not expect to be there because he is half million plus Active, 400,000 plus command’’ policy, the last unit arriv- a soldier deployed since January. At Reserves, and 300,000 plus Guard; we ing in the theater starting the clock the time of her birth, he was 7,600 miles can see that the Guard and the Re- ticking for 12 months ‘‘boots on the away in Qatar. serves are so integrally important to ground,’’ that, in effect, is going to ex- Kaitlyn’s mother thought her hus- the military force structure. If we do tend some of the Florida National band was coming home soon, particu- not have what is perceived to be an eq- Guard a year and a half since they were larly because he had suffered a col- uitable rotation policy, then when it mobilized and when they went to that lapsed lung while working guard duty comes time for them to re-up, many of headquarters to start packing their in Balad, an Iraqi city about 50 miles them will not. That will be devastating gear on December 26. north of Baghdad. He was sent to a hos- from the standpoint of providing for Then I was told last night by another pital in Germany where doctors ini- the force structure this Nation is going general in the Pentagon that, no, that tially told him he was going to have to to need as we face the multitude of particular State was not going home go home. They changed their minds, places around the world where we will until next January or February. The and he is expected back in Balad next have to go and battle the terrorists. If Department of Defense cannot get the week. To family members that is those ranks are depleted, then we will information correct. I have been told heartbreaking, but they will accept not have them when we need them the three different things about those that. What they will not accept is the most. units. I have been told four different inequity of treating some one way and I commend the Guard and the Re- things about the Florida units. So I others another way. serves. They have been one of the fin- have had to dig it out for myself by The husband of another 25-year-old est military fighting outfits that has talking to our own Guard members mother of three from Brandon is a spe- ever been produced to supplement the through e-mail and talking with them cialist in Charlie Company of the 2nd regular Active-Duty Army. We can directly by telephone. Battalion. As I said earlier, they have talk about the Air Guard as well, per- The rotation policy for our Guard shifted to over a half a dozen units dur- forming services all over this country, and Reserve forces should be simple: ing their deployment. In mid-May, the including air defense. It is those Guard units, under the command of the gen- Return them to their civilian lives as company was told, because they were eral from Tyndall Air Force Base, that soon as is militarily practical. This re- fatigued from the fog of war, that they if we ever have another airliner hi- quires detailed and timely planning were heading home. Instead, they were jacked, he has the command responsi- which does not appear to have been sent to Baghdad. adequate or to have been based on real- Another lady, Ada Dominquez, came bility of ordering the shoot-down of that airliner that is taken over by ter- istic assumptions for operations after from Miami all the way to the Orlando rorists. The Air Guard is performing the major combat phase. Of course, the meeting to tell me of her concern major combat phase was brilliant. Gen- that. about this inequity. The issue in front of us now is the eq- eral Franks will go down in military Florida’s military families are tough, uity of the Guard and the Reserves in history as one of the great military they are dedicated, and they are loyal the rotation policy. I hope General leaders of the United States. Americans, proud of their service. They Schumacher, the Secretary of Defense, Now we are in the phase of the occu- are willing to continue to make sac- the Deputy Secretary of Defense, the pation, and our soldiers of the Florida rifices to keep this Nation strong and Chairman and Vice Chairman of the National Guard are proud to soldier on free. They are an inspiration to me. Joint Chiefs will listen to these words in Iraq, Afghanistan, Kuwait, and Bos- They are an inspiration to all of us. and will enact a policy of rotation that nia, as well as at home securing Air They know this is very tough and com- will be perceived to be equitable for all Force bases in Florida. But we are on plex, and it is still a very dangerous the Guard units. the threshold of a serious problem for mission. Parliamentary inquiry, Mr. Presi- our Guard and Reserve One soldier’s mother from central dent. What is the status of the morning servicemembers. Their sacrifices began Florida said to me: Just tell them business? the moment they were mobilized and when they are going to be coming The PRESIDING OFFICER. The Sen- left their civilian lives behind. They home. Do not keep jerking them ate is in a period of morning business. leave their families, they leave their around, getting this information; it Mr. NELSON of Florida. Is the time employers, their livelihoods. Their stops, then it starts, and then it stops. equally divided? families’ well-being is at risk through- She said that is when the morale sinks The PRESIDING OFFICER. Equally out the deployment regardless of their to the lowest. divided, 30 minutes controlled by the location or tactical conditions. Guard Members of the Guard and the Re- Democratic leader or his designee, and families in Florida and across the Na- serve are also volunteers. As we so 30 minutes controlled by the Senator tion have endured the separation, un- often say, we recruit individuals but we from Texas or her designee. certainty, financial hardship, and fear re-enlist families. The rotation chal- Mr. NELSON of Florida. The Senator that goes along with any deployment lenges the Army struggles with now from Florida would ask, does that into harm’s way, and that is what they are going to be the result of too few mean the entire first 30 minutes is set signed up for. They are willing to ac- troops for the missions we ask them to aside for this side of the aisle? cept it. do. We need to look seriously at adding The PRESIDING OFFICER. That is When I talked with these family more troops to the Active Force. correct. members, as I did in Orlando last There have been a number of us who Mr. NELSON of Florida. How many Thursday, in Tampa on Friday, and in have been trying to urge the Secretary minutes remain?

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11935 The PRESIDING OFFICER. There $20 billion that is for building 1,000 that September 11 had a devastating are 41⁄2 minutes remaining controlled schools in Iraq, what do we tell our impact on the economy of this country. by the Democratic leader. constituents at home about building Let’s not forget that WorldCom and Mr. NELSON of Florida. Mr. Presi- schools here? For that $20 billion that Enron and the corporate scandals that dent, I will make a couple of other is to fix water systems and roads and undermined the confidence of investors comments. bridges in Iraq, what are we to tell our in corporate America—undermined it— The PRESIDING OFFICER. The Sen- constituents in America about the had a devastating impact on the Amer- ator from Florida. water systems and the roads and the ican economy. And let us not forget f bridges? this economy was rolling into reces- The PRESIDING OFFICER. The time THE FEDERAL DEFICIT sion, was moving into recession at the of the Senator has expired. time President Bush was elected. All Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. I thank the these things had an impact. dent, on a completely different subject, Presiding Officer for giving me the re- The other concern and observation I as a Nation, we are recklessly careen- mainder of the time. have to make, as a Senator who has ing down the road toward bankruptcy. I yield the floor. been here at this point only about 9 In the fiscal year that ends in a week, The PRESIDING OFFICER. The Sen- months, is my distinguished friends September 30, we are going to be hem- ator from Minnesota. and colleagues on the other side of the Mr. COLEMAN. Mr. President, I wish orrhaging in our budget to the tune of aisle, many of them, have consistently to first associate myself with the com- $500 billion. That is a half trillion dol- talked about the debt, they have great ments of my friend and colleague, the lars. concerns about the debt, yet the re- Senator from Florida, with regard to In the new fiscal year that starts Oc- ality has been that every time we have tober 1, it is estimated we are going to concerns he raised about all the stress on the National Guard and Reserve. I acted on budgets, one of the first be hemorrhaging to the tune of $600 bil- things that I and, as a newly elected lion, well over a half trillion dollars. have been to a number of deployments of troops of the National Guard and Re- Member of this body, the Presiding Of- Just to put it in perspective, in the ficer did was we had to resolve the decade of the 1980s, when we ran up so serve from Minnesota. Our folks are serving admirably and bravely, and budget for 2003 as soon as we got here. much of our national debt, the max in On issue after issue, my friends and any one year in the late 1980s was a there is great stress. I think it is clear- ly important to make sure we do the colleagues from across the aisle, who deficit of $280 billion. That means we loudly proclaim concern about the were spending $280 billion more than things to alleviate the strain, not just on the folks on the front line but on debt, sought to raise the spending. we had coming in in revenue. There- They sought to increase spending, I be- fore, we had to go out and borrow it, the families, and creating a bit of cer- tainty would be good thing to do. It is lieve to the tune of perhaps $1 trillion and that added to the national debt. of new spending. The next fiscal year starts in a few not a partisan thing. It is the right thing to do for the folks who are serv- So it is hard to hear folks being con- days. We are going to spend more than cerned about the debt when, on issue we have coming in tax revenue to the ing so bravely and for their families. So I thank my distinguished colleague after issue, they seek to raise spending. tune of $600 billion and we have to bor- We have experienced that as we have row it. Now, where do my colleagues from Florida for raising this concern and wish to let him know there are gone through the process of approving think we borrow it from? We borrow it the 2004 budget. On issue after issue, from folks like you and me, when we many of us on both sides of the aisle who share that concern and would like whatever amount is set in the budget buy Treasury bills. We borrow it from a greater sense of certainty. to spend, my colleagues from across institutional investors like pension What does it mean to have boots on the aisle seek to increase that, again to funds. But it will shock people to know the ground? When are our folks coming the tune, calculated over 10-year peri- that a good bit of the debt that is being home? We do have to give them every ods, of trillions of dollars. Even for the acquired, or debt that is being bought— bit of support we can when they are Government, a trillion dollars is real or to put it in the vernacular of the there. But certainly for the families, money. street, the people who we are bor- the words of my colleague ring true So, yes, the debt is of concern. The rowing from are the Chinese and the and I associate myself with them. way you deal with the debt is you get Saudis. Does that not portend some un- I do disagree with my colleague from the economy moving. That is what the comfortable things for America to have Florida when it comes to his discussion President has done. That is what the a good part of its national debt owned about the economy and the cause and tax cuts have stimulated. And then you by folks who from time to time we the impact of debt. By the way, debt is have the will and resolve to keep a lid have serious policy differences with? a bad thing. I am not going to spend a on spending. How did we get into this? September lot of time talking about that right Again, I urge my friends from across 11 clearly was part of the problem. To now, but I do certainly want to raise the aisle, every time you vote to in- protect this Nation, the war in Afghan- the issue. The national debt today is crease spending, time and again, take a istan and the war in Iraq have caused not as great as it was in the 1980s, not breath then before you talk about the additional spending, but that is not the if you measure it as a percentage of the debt. only reason for the $600 billion deficit. overall economy. That is the way we I came here this morning to support It was because in the spring of 2001, by have to do it. If you bought a house in the President’s request for a supple- a one-vote margin, on a technical part the 1980s and you spent $30,000 and you mental appropriation of $87 billion to of the budget bill, this Chamber of the put $15,000 down, $15,000 in cash, you support our troops in Iraq and to accel- Senate passed an instruction that by a would be in debt 50 percent. As time erate the redevelopment of that coun- majority vote we could pass a tax bill went on, inflation went on, and you try to a stable, democratic, and peace- and that tax bill, once we passed it, di- made a little money and you bought a ful member of the community of na- minished the revenues so much that second house in the 1990s, or today, for tions. As Senators, we have two respon- the deficit started to swell. We are on $100,000, and you borrowed only $30,000, sibilities in this matter. As members of a reckless fiscal course, headed toward you would be twice as much indebted the legislative branch of Government, bankruptcy. Is it any wonder that ear- as you were in the 1980s, but the $30,000 we must put the administration’s pro- lier we heard the majority leader and as a percent of the overall value of the posals to the test to ensure they are the Democratic leader going at it over house would be less, only 30 percent. prudent, practical, and can achieve the this question of addressing the Presi- The reality is that the debt today is promised results. That is what we do as dent’s $87 billion request? That is going less than it was in the 1980s. That is a legislative body. We also have a re- to add all the more to the budget def- not to say debt is ever a good thing, sponsibility to support our Commander icit. We are going to pass the $67 bil- but I think you have to make the facts in Chief as he leads us as a nation. lion that is going to the troops because very clear. I love the story told about Abraham our troops are going to be provided It is also important to understand Lincoln during the time he was leading what they need. But for the remaining the cause of that. Let’s never forget our Nation in the Civil War. He was

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11936 CONGRESSIONAL RECORD — SENATE September 25, 2003 getting, on a regular basis, commu- to break that tie—a broad bipartisan We are helping the Iraqi oil industry nications from an elderly woman who coalition, an overwhelming majority of and its power generation come back to said to him that God was talking to the Senate, said: This is our battle, some semblance of functionality. The her and God was telling her which gen- this is America’s battle, and the re- Central Iraqi Bank has taken bold eral to hire and which general to fire sponsibility we have as elected rep- steps to create a secure currency. Some and where to attack and where to re- resentatives to speak for the people we of the most dramatic steps that any treat. He got this series of letters. Fi- represent and give voice to their hopes government has to set for itself is to be nally, President Lincoln wrote back to and concerns was reflected in that de- open to trade, to be open to entrepre- this lady and said: Ma’am, I want to bate. neurship, and to be open to oppor- thank you for your correspondence and When others now talk about the tunity. These are bold moves in any thank you for your advice, but isn’t it ‘‘President’s war,’’ it causes great con- part of the world but certainly in Iraq. fascinating how the Lord Almighty has cern. The Governing Council has just given you all the answers but gave me I like the words of the ‘‘Serenity taken steps to open the country to for- the job. Prayer.’’ I hope we have the wisdom to eign investment. address ourselves in the things we can We have a Commander in Chief. We You heard earlier today my col- change and not try to change the past. have the right to question and modify league, the distinguished chairman of I say to my colleagues that one of my the things he proposes. But it is our re- the Energy Committee, Senator sponsibility, I submit, to work expedi- pleasures as a Senator from the State DOMENICI, talking about the Ministers tiously and to approve these urgently of Minnesota is to represent the west- ern shore of Lake Superior, the world’s of Iraq and the number of Ph.Ds—one needed resources. of the most educated governments any- I express my strong hope that this largest body of freshwater. If you visit where in the world—and the caliber of bill will not be held hostage to polit- this area during the right time of year, folks we are bringing to the table. ical ambitions or become the vehicle of you will see the enormous iron ore high-profile second-guessing. Our effort boats that transport Minnesota iron The Poles have already assumed com- in Iraq has many challenges, but lack ore to the steel plants of the eastern mand of a multinational division in of politics is not one of them. This de- Great Lakes. These gigantic boats are Iraq with NATO support. We have cap- bate falls in a tempting place on the so large that it takes them many hours tured or killed over 40 of the 55 most- electoral calendar, but I do hope we and many miles to execute a turn into wanted Iraqis, including one more over rise above a talk show mentality. port. the weekend, Saddam’s Minister of De- There was talk this morning: Why do The bigger something is, the longer fense. we have to move quickly on the Presi- it takes to turn it around. Such is our I mentioned the Governing Council dent’s request? What is so urgent about challenge in Iraq. We are attempting to being formed. I am told there is even a it? Does the money need to be spent turn a large society from a generation city council in Baghdad. I must say as right away? Kind of a slow walk and no of tyranny and totalitarianism to de- a former mayor that when I heard sense of urgency. mocracy and free enterprise. there was a city council in Baghdad, I do hope those concerns are not For over 25 years, the people of Iraq my first thought was, Haven’t the raised so that we simply can extend the suffered under the brutality of Saddam Iraqis suffered enough? But a city possibly to have in the political arena Hussein. For over 25 years, the people council is there and operating. debate for the sake of taking political of Iraq didn’t even have a budget. Its Thousands of Iraqi policemen and potshots. That is not what this is infrastructure was eaten away as re- soldiers are being hired and trained to about. That is not what this body is sources were simply given to Saddam help provide security for their nation. about. We need to send a message to for his friends and for his palaces, and Every hospital and clinic in Baghdad is our troops in the field that we support the country suffered. operating, as are most of the others them and will provide them the re- I find it ironic that some critics of around the country. Every hospital and sources they need. We need to send a our policy who said we could never de- clinic in Baghdad is operating. The message to the Iraqi people that we are feat Saddam Hussein are now loudly clinics and hospitals in Iraq have 7,500 committed to working with Iraq to en- complaining that it takes too long. In tons of medicine distributed by the co- sure that democracy is there. You our instant-everything, drive-through, alition since May, an increase of over can’t have democracy when the lights microwave society, we perhaps have 700 percent over the level at the end of are out 8 hours a day. We are seeing in lost sight of the fact that some things the war. Washington and Virginia how difficult take time. The bigger the thing, the For the first time in its history, all it is to operate when the lights aren’t more time it takes. of Baghdad has garbage collection serv- To those who lament our supposed on. Multiply that many times over. ice. No longer is garbage collection a slow progress in Iraq, we are exceeding I am concerned about the nature of privilege reserved for neighbors favored any realistic expectations of success. the debate that comes with our in- by the Government. volvement in Iraq. Debate is what this Rome was not built in a day and Iraq Again, I reflect back to my days as a body expects and understands, but won’t be, either. The lasting social mayor and the importance of basic there is a tone about the debate that is structures in Iraq need to rest on firm services being provided to all of the of great concern because others watch. foundations and progress. And those citizenry and not just for the rich There is discussion now about whether foundations are being made. neighborhoods. We are doing that in this is the President’s war. To those who say we need to turn Before you and I entered this body on Iraq over to the Iraqis, we want to turn Iraq. October 11, 2002, there was a debate it over to the Iraqis. We want the Iraqi workers are producing over 1 about what action we should take re- Iraqis to be in charge. We want the million barrels of oil per day, the pro- garding Iraq, what authority we should Iraqis to be guarding the hospitals and ceeds of which will benefit the Iraqi give the President regarding Iraq. the oil wells. We want the Iraqis to be people rather than Saddam Hussein’s There was a full debate. There was a responsible for the future of Iraq. But corrupt regime. Ninety-two thousand great dialog. There was great discus- in order to have that, you have to have Iraqis receive social security and wel- sion. This body voted. The sense of this a foundation. Iraq has to develop a con- fare benefits at levels four times higher body was 77 to 23 to support the Presi- stitution. It needs to be affirmed. When than they received under Saddam. One dent and to give the President the au- it is affirmed, it then needs to have point three million Iraqi civil servants thority to do the things that had to be free and fair elections. That is how to are drawing salaries under a new salary done to make sure Saddam Hussein develop the foundation. scale. Many of them, such as teachers, complied with the United Nations reso- As we are developing that founda- are being paid four times what they lutions. Let us not forget that for a pe- tion, we are making progress in devel- were paid under Saddam. riod of 10 years he disregarded United oping Iraqi security forces and police The test of our efforts is that the Nations resolutions. units which can begin to take the load Iraqi people are voting with their feet. By a vote of 77 to 23—not 51 to 49, not off the American and coalition mili- They are staying put. There has been a 50 to 50 tie asking the Vice President tary units. no humanitarian crisis. There has been

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11937 no flood of refugees as had been pre- taking care of the needs of kids? Why is Europe has been safer. We have been dicted. The $87 billion in this bill will aren’t we taking care of the needs of safer until the rise of terrorism. bolster all of these critical efforts. schools? Why aren’t we taking care of Let us not forget those models. Let We all need to put the daily events so seniors? The arguments can certainly us not forget that history. Success will effusively reported in Iraq in perspec- be made, and they touch a sympathetic build world confidence and investment tive. We see this, by the way, even in chord, a sympathetic note. far beyond this investment in Iraq. our own Nation. A lot of good is being The reality is we have to understand Failure would cost far more. done but somehow that doesn’t always again and again that you cannot have All of these practical arguments not- qualify as news. economic security, you cannot have withstanding, I close with a simple ar- I believe the President’s leadership is peace of mind, you cannot have the op- gument for the passage of this supple- beginning to pay dividends, even at the portunity for your kids to go to good mental appropriation: It is the right United Nations. It is a slow boat to schools, and folks to live in peace in thing to do. Our troops need our sup- turn as well, but I believe we will soon their neighborhoods and go about their port. The people of Iraq, present and see progress towards broad inter- daily lives if we live in fear. The world future, need our help. The world that national cooperation for the rebuilding changed after September 11. We have to hopes for far more freedom and less of Iraq. Even the French say they will reflect on the impact of September 11, terror needs what only the United not now veto a resolution. not just psychologically but economi- States can provide. We can reach out The President met with the head of cally. and set an example to the inter- Germany yesterday and had a good What happens when we allow ter- national community to join with us. conversation. rorism to visit our shores? The folks in This bill is the right thing to do. It is Let there be no mistake. We are in a Washington, DC, saw this very graphi- the right for the people of Iraq who are state of war against terrorism. Our de- cally during the terrible period when free from the torture chambers so they cisions and the tone of our debate must the sniper was on the loose in Wash- may never come back again. It is the recognize that fact. Forces that seek to ington, and people would not go out of right thing to do for the young women destroy us are measuring our will and their homes. They were afraid to go to of Iraq who are raped and assaulted by our resolve at each turn. Their view is a gas station, afraid to shop, afraid to Quday and Usay Hussein. It is the right that we are weak and easily distracted go to a restaurant. I have not seen the thing to do for the memory of thou- and divided. We must prove to them final bills, but I am sure the economic sands murdered and buried in mass the truth—that we are not. We do that impact was enormous. When people graves, and for their justice; for the by what our military does on the live in fear, they cannot prosper eco- millions of Iraqi people who will choose ground every day. We do that by how nomically or emotionally. their own path, live their own lives, we as leaders conduct this debate in America has a responsibility at this and decide their own faith when we set this body. point in history—for the sake of our the foundation, set the table for res- Again, I recognize the importance of kids, for the sake of our seniors, for the toration of democracy, firm and lasting debate and challenging ideas and prop- sake of our parents—to do those things in Iraq. ositions. But there is a tone about de- necessary to live in peace, to confront It is the right thing to do for the mil- bate and I worry that we are crossing and deal with terrorism. We learned on lions of neighbors of Iraq who will not the line. I worry that when we talk September 11 we cannot contain ter- fear the unbearable fanaticism of a dic- about this being the President’s war, rorism. We have to aggressively reach tator more concerned about power than again disregarding the fact that this out to make sure we do all we can to the moral obligation of leadership. It is body, in a broad bipartisan way, raised make sure terrorism does not visit our the right thing to do for our demo- its hand and understood the dangers of shores. cratic ally in Israel who no longer will Saddam, understood the evil of Saddam It is not a matter of saying, if we did face the threat of Scud missiles from and the evil impact he had on the Iraqi not put this money here we would put Iraq. It is the right thing to do for the people, the impact that it was having it there. The reality is, of the $87 bil- courage of our American soldiers who on the region, the impact it was having lion, $67 billion goes directly to the have performed their duty and lived up on Israel, and the impact it was having military. It is also to rebuild the infra- to their oath to defend and protect the on terrorism; understood that we had structure of Iraq so that the military national interests of their Nation. in Saddam and Iraq a nation which ethics can take hold. We cannot have It is the right thing to do for the took care of and catered to the persons such short memories. memory of American soldiers who have who masterminded the terrorist acts in Ambassador Bremer visited with given their lives so that others may the airports in Rome and Vienna; a na- many Senators this last week and gave live in freedom. It is the right thing to tion that coddled, took care of and ex- a little historical lesson. He said: Look do for the millions of Americans and alted the terrorists responsible for the at what we did after World War I. We the 3,000 who died on September 11 that execution of an American in a wheel- did not step in. We did not have the American determination, resolve, and chair, Leon Klinghoffer on the Achilles sense of heart and purpose to come to- will are not things of the past but are Lauro in Athens—everybody under- gether and say we were going to deal ironclad promises for the future. stood what we were dealing with. with the destruction left in the wake. It is the right thing to do for the We rose together in unison. Let us We gave rise to Nazism, to fascism. message it sends to those who support not now forget. Let us not now pull What happened is, ultimately, millions terrorism, that they will have no ref- apart. Let us not now send the signal of lives were lost. uge; for the message it sends to those that we are weak and in disarray. It is I am of the Jewish faith. In our faith who kill, who terrorize, who destroy important to have a sense of strength we say: We shall never forget; we shall the hopes, dreams, and happiness of and purpose. Let us have the debate never forget the Holocaust. The seeds men and women and children that this but let us make decisions. of that were laid in the actions after is a new day, a better world. Their days In World War I, the French soldiers World War I that were not taken to are numbered. No more can we accept came up with the saying that ‘‘the dif- deal with the plight, deal with the eco- the crying faces, parents holding their ference between a hero and a coward is nomic plight, deal with the disarray, dying children, parents burying their the hero is brave 2 minutes longer.’’ We deal with the disintegration. dead children. To those who seek to de- cannot afford to lose our nerve at the After World War II, we took a very stroy, those who choose to unravel the point of victory or all the sacrifice and different path. After World War II, we fabric of society and civilization, this the progress to date could be lost. enacted a Marshall plan, and we came bill is the right thing to do because it For those who question this amount together, with the United States tak- makes it clear their time will come; of money being spent at times of eco- ing the lead; the international commu- our resolve is strong. We will support nomic difficulty and high deficits, I un- nity then joining in building up and re- our fighting men and women and give derstand that concern. It is so easy to storing the economy, doing things that them what they need to do the job. say, with anything we do, if we put dol- restored hope, doing things that re- We will work with the Iraqi people to lars into something, why aren’t we stored water and electricity. The result rebuild and create a foundation where

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11938 CONGRESSIONAL RECORD — SENATE September 25, 2003 democracy and hope will take place. Mr. President, I yield the floor and onstration of our support, the Good will triumph over evil. Democ- suggest the absence of a quorum. Congress’s support, for our men and racy will triumph over tyranny. Secu- The PRESIDING OFFICER. The women in uniform. rity will triumph over terrorism. Peace clerk will call the roll. It provides a 4.1 percent average pay will come to Iraq. And all of us in The legislative clerk proceeded to raise for all military personnel. It America will be safer as a result. call the roll. funds an increase in basic allowance for f Mr. STEVENS. Mr. President, I ask housing to reduce average out-of-pock- unanimous consent that the order for et expenses from 7.5 percent to 3.5 per- SCHOOL VOUCHERS the quorum call be rescinded. cent for our military people. It pro- Mr. COLEMAN. Mr. President, in the The PRESIDING OFFICER (Mr. vides an additional $128 million for the time remaining, I raise one other issue, COLEMAN). Without objection, it is so continuation of increased rates for im- the issue of opportunity scholarships, ordered. minent-danger pay and family-separa- of expanded choice for students, the f tion allowances. issue of the debate we are having over This agreement honors the commit- DEPARTMENT OF DEFENSE AP- the opportunity for the children of the ment we have made to our Armed PROPRIATIONS ACT, 2004—CON- District of Columbia to take advantage Forces—one we will maintain. It helps FERENCE REPORT of a ‘‘voucher’’ program. We do not like ensure they will continue to have good to use that word. In my State, it is a The PRESIDING OFFICER. Under leadership, first-rate training, modern- pretty divisive word. the previous order, the Senate will pro- ized equipment, and quality infrastruc- The Mayor of Washington, Anthony ceed to the consideration of the con- ture. The agreement provides $115.9 bil- Williams, says this is the right thing to ference report to accompany H.R. 2658, lion for operation and maintenance, do. As a former mayor, I will stand which the clerk will state by title. $74.7 billion for procurement, and $65.2 with Mayor Williams. This is a very di- The legislative clerk read as follows: billion for research and development. visive issue in my city of St. Paul. The committee of conference on the dis- Defense is a very expensive concept When I ran, I said I would not push agreeing votes of the two Houses on the for our country. That is so not only be- vouchers for the people of Minnesota. amendment of the Senate to the bill (H.R. cause we have a volunteer service but We had our debate. We have gone a dif- 2658) making appropriations for the Depart- because we are modernizing our force ferent path, expanding charter schools. ment of Defense for the fiscal year ending September 30, 2004, and for other purposes, for the future. This agreement is the St. Paul, my city, had the first charter result of a bicameral, bipartisan ap- school in the Nation. As mayor, we having met, have agreed that the House re- proach. I urge the Senate to adopt this started 20 more charter schools, pro- cede from its disagreement to the amend- ment of the Senate, and agree to the same conference report. viding tax incentives and tax credits so with an amendment, and the Senate agree to Let me once again thank my co- parents could get money back and use the same, signed by all of the conferees on chairman, Senator INOUYE, for his sup- money they need to support their kids’ the part of both Houses. port and invaluable counsel on this education, to give their kids more The Senate proceeded to consider the bill. I would also like to note the dedi- choice. That makes sense. conference report. But more needs to be done. I recog- cated work of his chief of staff Charlie (The conference report is printed in nize that. This is a divisive issue. When Houy, Betsy Schmid, and Nicole the House proceedings of the RECORD of the Mayor of the District of Columbia DiResta. September 24, 2003.) I thank my hard-working staff led by is saying we need to do this for our Mr. STEVENS. Mr. President, I sug- kids, why not do it? It is not taking Sid Ashworth and including Tom Haw- gest the absence of a quorum. any money from my kids in Minnesota. kins, Kraig Siracuse, Bob Henke, Les- The PRESIDING OFFICER. The It is not taking any money from any ley Kalan, Jennifer Chartrand, Menda clerk will call the roll. kids in any of the other States. We Fife, Brian Wilson, Mazie Mattson, Ni- The legislative clerk proceeded to have a local, elected official saying we cole Royal, and Alycia Farrell. They call the roll. need to do this; our kids are failing and have helped put together this con- Mr. STEVENS. Mr. President, I ask we need to give them more hope and ference report and worked with us unanimous consent that the order for opportunity. Why not do it? What are through the year to bring us where we the quorum call be rescinded. we afraid of? are today with the largest defense When I was mayor of St. Paul, the The PRESIDING OFFICER. Without budget in history and the best bill we Governor offered, I believe, $13 million objection, it is so ordered. have ever presented to the Senate. to any community that would simply Mr. STEVENS. Mr. President, I am I yield to my good friend from Ha- do a pilot project offering opportunity pleased to present to the Senate, on be- waii. scholarships to the poorest of the poor half of myself and the Senator from The PRESIDING OFFICER. The Sen- and only the kids who were not suc- Hawaii, Mr. INOUYE, who is currently ator from Hawaii. ceeding. chairing the Indian Affairs Committee, Mr. INOUYE. Mr. President, before I So you were not going to take the the Defense appropriations conference proceed, I wish to commend my chair- cream of the crop. You were not going report for fiscal year 2004. man, Mr. STEVENS, for bringing this to cherry-pick. You were going to take This conference report was approved conference report to the Senate. In those who were not making it. You by the House of Representatives by a doing so, I commend him for his leader- have to do something. In fact, the offer vote of 407 to 15. It has overwhelming ship. I realize Members of the Senate was that out of this $13 million, he bipartisan support. The agreement pro- may not be aware of this, but because would give $10 million to the school vides for a total of $368.7 billion for the of the leadership skills and because of district to do whatever they wanted. Department for fiscal year 2004. the hard work of the staff, the con- Only $3 million would be for this pilot Throughout our conversations with the ference committee concluded its work project. And not a single elected offi- House over the past months, Senator on this important measure in 2 hours. cial, other than myself, would stand up INOUYE and I have sought to strike a In 2 hours, we concluded a bill that was and do it. balanced agreement that we believe ad- filled with controversy and issues. At What are we afraid of? If all you keep dresses key requirements for readiness, the end, the vote was unanimous. doing is what you have been doing, all quality of life, and reconstitution of The conferees recommend $368.7 bil- you are going to get is more of the our defense force. lion in mandatory and discretionary same. Our children need more hope and As we take up this conference report appropriations for the coming year. It opportunity. I hope we have the cour- on the floor today, there are hundreds is a huge sum, but it is a sum that is age to give it a shot and a chance. The of thousands of men and women in uni- absolutely necessary. downside is minimal. The opportunity form deployed and serving our country This is nearly half a billion less than is great. Let’s seize the opportunity. at home and abroad. They are per- recommended by the Senate and $3.6 Let’s do this for the kids. Let’s do the forming superbly, and we are ex- billion less than requested by the right thing. Let’s make change. Let’s tremely proud of what they are accom- President. We have tried our best to give hope. plishing. This agreement is a dem- trim what some would call ‘‘fat.’’

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11939 The reduction to the President’s re- My colleagues should know this was H.R. 2658, DEFENSE APPROPRIATIONS, 2004: SPENDING quest is not an indication that we be- a fully bipartisan accord. There are no COMPARISONS: CONFERENCE REPORT—Continued lieve Defense is overfunded. Instead, it parts of this bill that I oppose. While it [Fiscal Year 2004, in $ millions] is because we realize that there are so is a compromise, it is a very good bill. General many other underfunded areas of the The chairman and his staff, led by purpose Mandatory Total budget that we had to reduce defense Sid Ashworth, have done great work. I Outlays ...... (194) ...... (194) to accommodate these needs. This was thank all the staff who worked so hard Senate-passed bill: a tough conference. Our chairman did on this: Mazie Matson, Nicole Royal, Budget Authority ...... (454) ...... (454) an exceptional job—I emphasize ‘‘ex- Jennifer Chartrand, Kraig Siracuse, Outlays ...... (729) ...... (729) ceptional’’—representing the Senate Tom Hawkins, Bob Henke, Lesley Note: Details may not add to totals due to rounding. Totals adjusted for consistency with scorekeeping conventions. position. This is especially true given Kalan, Menda Fife and Brian Wilson of Prepared by SBC Majority Staff, 9/24/2003. the majority, and Nicole Diresta, Betsy the reduced allocation. Mr. INOUYE. Mr. President, it is in- This agreement provides the funds Schmid and Charlie Houy of the minor- teresting to note that Senator NICKLES necessary for the military. It fully ity staff. says this bill complies completely with This is a good bill, and I urge all my funds the pay and allowances for our the requirements of the Budget Com- troops and thereby ensures that we colleages to support it. mittee. have taken care of the crown jewel of I suggest the absence of a quorum. I yield the floor. our Defense capability—the men and The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- women who put on the uniform. clerk will call the roll. ator from Alaska is recognized. In the interest of time, I will not The legislative clerk proceeded to Mr. STEVENS. Mr. President, we present all of the details of this mas- call the roll. only have notification of one person sive bill. However, I would like to ad- Mr. INOUYE. Mr. President, I ask who wishes to speak. If that is the dress two important subjects that the unanimous consent that the order for case, I believe we will have a vote on managers of the House and Senate the quorum call be rescinded. this conference report sometime spent many hours discussing. The PRESIDING OFFICER. Without around noon. It is my hope that we will First, the conferees agreed to include objection, it is so ordered. have it before lunch if possible. So I an amended version of House language Mr. NICKLES. Mr. President, today put the Senate on notice that we will that would close down the Navy Sta- we are considering the conference re- be voting around noon. tion at Roosevelt Roads, Puerto Rico. port to accompany H.R. 2658, the De- Mr. President, I suggest the absence As we looked into this matter we partment of Defense appropriations bill of a quorum. found that the Navy no longer needed by FY 2004. The PRESIDING OFFICER. The or wanted the base and it could save I commend the distinguished chair- clerk will call the roll. $300 million annually by closing it. As man and the ranking member on their The legislative clerk proceeded to such, we agreed to close the base. How- successfully reporting and confer- call the roll. ever, the conference agreement ensures encing this bill. Mr. MCCAIN. Mr. President, I ask that the base will be closed in accord- The pending bill provides $368.7 bil- unanimous consent that the order for ance with existing base closure laws. lion in total budget authority and the quorum call be rescinded. We did not agree to a new procedure $389.2 billion in total outlays for fiscal The PRESIDING OFFICER. Without objection, it is so ordered. which would have given the Navy all year 2004. The Senate bill is $3.5 billion in BA and $4.6 billion outlays below the Mr. MCCAIN. Mr. President, today I the benefits of the closure and the local rise to address the conference report population none of the safeguards in- President’s budget request. These funds were shifted to other non-defense for fiscal year 2004, the Department of cluded in the BRAC legislation. Defense appropriations bill. As has be- Second, the Senate bill include lan- spending bills consistent with an agree- come a standard practice for appropria- guage terminating the controversial ment with the administration. Mr. President, I ask unanimous con- tions matters, this legislation is loaded Terrorism Information Awareness pro- with porkbarrel spending catered to gram, TIA. The conferees have agreed sent that a table displaying the Budget Committee scoring of the bill be print- the parochial needs of the Members and to terminate the program and close the special interests and not to the inter- Office of Information Awareness in the ed in the RECORD. There being no objection, the mate- ests of the men and women in the mili- Defense Advanced Research Projects tary. Agency, DARPA. rial was ordered to be printed in the RECORD, as follows: I feel it is important that I come to Language has been included that pre- the floor of the Senate to draw atten- cludes any successor version of this H.R. 2658, DEFENSE APPROPRIATIONS, 2004: SPENDING tion to this legislation, especially at a program to be reinstated or developed COMPARISONS: CONFERENCE REPORT time when American troops are by any Federal agency. However, I [Fiscal Year 2004, in $ millions] stretched across the globe, including must inform my colleagues that in our major commitments in Iraq and Af- review, we learned that there are some General ghanistan. I notice in this morning’s purpose Mandatory Total classified elements that are related to paper it is very likely that more Na- this program. These have all the safe- Conference Report: tional Guardsmen and Reserve Forces guards of programs under the jurisdic- Budget Authority ...... 368,183 528 368,711 Outlays ...... 388,642 528 389,170 will have to be called up. We should be tion of the National Foreign Intel- Senate 302(b) allocation: devoting critical defense dollars to ur- ligence Program to protect civil lib- Budget Authority ...... 368,572 528 369,100 Outlays ...... 389,306 528 389,834 gent defense priorities. Apparently, erties of U.S. citizens. These are very 2003 level: that philosophy is not shared by all. important to the ongoing war on ter- Budget Authority ...... 426,621 393 427,014 Outlays ...... 393,835 393 394,228 In this year’s version of the legisla- rorism overseas. The conferees have President’s request: tion, there is over $6.5 billion in Mem- agreed to allow this effort to continue. Budget Authority ...... 371,699 528 372,227 Outlays ...... 393,222 528 393,750 ber add-ons. I must say I congratulate In addition, there were some worth- House-passed bill: the committee because last year it was while programs in the Office of Infor- Budget Authority ...... 368,662 528 369,190 $8.1 billion. So we have experienced a Outlays ...... 388,836 528 389,364 mation Awareness unrelated to the Senate-passed bill: $1.6 billion reduction. I want to point TIA program. The Statement of the Budget Authority ...... 368,637 528 369,165 out that these add-ons were not in the managers lists these programs and Outlays ...... 389,371 528 389,899 CONFERENCE REPORT COMPARED TO— President’s budget, not on the un- funds their continuation. This is a good Senate 302(b) allocation: funded priority list, and not on the compromise. It kills TIA and on-line Budget Authority ...... (389) ...... (389) Pentagon’s long-range defense budget. Outlays ...... (664) ...... (664) betting, and other questionable 2003 level: Nowhere—nowhere—was there a pri- DARPA programs, but ensures that Budget Authority ...... (58,438) 135 (58,303) ority for any of these items that I will Outlays ...... (5,193) 135 (5,058) beneficial parts of information aware- President’s request: be talking about and listing. One of the ness can continue. Finally, I want to Budget Authority ...... (3,516 ) ...... (3,516 ) remarkable things about it is our dis- Outlays ...... (4,580) ...... (4,580) express my strong support for this House-passed bill: abled veterans are now trying to re- measure. Budget Authority ...... (479) ...... (479) ceive what we call concurrent receipt—

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11940 CONGRESSIONAL RECORD — SENATE September 25, 2003 in other words, to be treated, when away with the Appropriations Com- you are watching is unreal. You are they are disabled, the same way that mittee or with the authorizing com- watching Members who don’t care nonmilitary members of the Federal mittees. about the budget deficit we are run- Government are treated. As it is now, The authorizing committees, to some ning. In the face of huge deficits, we they are prohibited against receiving degree, have become rather engaging can still find enough money to blow on both retirement and disability pay, as and sometimes interesting debating some of the items I will describe today. are other men and women who work for groups when the real changes and pol- Mr. President, I am tired of fighting our Federal Government. Full concur- icy decisions are made by the appropri- these bills. I don’t enjoy arousing the rent receipt would cost the Govern- ators. animosity of my friends on both sides ment $3.5 billion annually, which is ap- I also want to point out, last week I of the aisle. I don’t pretend to judge proximately half the total pork that is saw one of the most remarkable things these projects. Many of them are in this bill. I have ever seen in all the years I have worthwhile. Many of them are worthy So I am announcing to my colleagues been here. The energy and water appro- causes. The hundreds of millions of dol- today I was trying to work out some priations bill was voted on and passed lars that are spent out of the Defense way of ameliorating the cost of this last Tuesday night. We voted. It was a appropriations bill for breast cancer re- concurrent receipt. When we spend recorded vote. Everybody went home. search is a worthy cause. My question money like this—when we will spend The next morning—and I mention this remains, What in the world is it doing $5.9 billion more by leasing Boeing because the Senator from Nevada is on in a Defense appropriations bill when tankers rather than buying them, it the floor—the next morning the Sen- we have men and women who are still seems to me that taking care of the ator from Nevada stood and asked on food stamps and living in quarters men and women who have served with unanimous consent that $65 million be that were built in World War II? honor and distinction in the military added for water projects for the Corps I am dismayed by the lack of atten- deserve full concurrent receipt. of Engineers. tion we focus on these bills. Aside from Once again, we are considering the I understand there was some tech- scouring the bills to see if their Defense appropriations conference re- nical reason for it and there was some projects are included, not much time is port prior to the consideration of the technical change that was made, but I devoted to considering the conference Defense authorization conference re- have to tell you, Mr. President, I have report. port. I remind my colleagues again of never, in all the years I have been here, This legislation passed the House of the role of the Appropriations Com- seen a bill passed and voted on and the Representatives without a copy of the mittee. The responsibility of the au- next day, many hours after the bill was bill text or explanatory report being thorizers and the appropriators are ex- passed, a Member come to the floor and available to all who want to look at it. pected to be distinct. The role of the ask unanimous consent that millions In fact, a member of my staff called Senate Armed Services Committee is of dollars be added to an appropriations the House committee while they were to establish policy and funding levels bill. If that is the way we are going to voting on final passage of this con- and oversee the Department of Defense do business around here, then, I say to ference report to inquire if the com- and its programs. The role of the Ap- my friends, there is no fiscal discipline. mittee had the report available. The propriations Committee is to allocate On September 17, the Comptroller House appropriations staffer said they funding based on policies provided by General of the United States David had a copy but were only allowing one authorization bills. The appropriators’ Walker delivered a speech at the Na- staff member at a time to look at it. function and role today, however, is ex- tional Press Club. According to the Staff was not allowed to make copies panded dramatically, and they now en- head of the General Accounting Office, or remove the bill from the appropri- gage in significant policy decision- ‘‘We must begin to come to grips with ator’s office. making and micromanagement, usurp- the daunting fiscal realities that It took the House of Representatives ing the role of the authorizing commit- threaten our Nation’s, children’s and 7 minutes to pass a bill that appro- tees. grandchildren’s future.’’ priates $368 billion for projects that ap- I recognize the failure of authorizing In his speech, Mr. Walker cited CBO pear on the Defense appropriations committees to pass authorizing legisla- estimates at that time—they have add-on list of items requested by Sen- tion contributes to this broken system since gone up $401 billion and $480 bil- ators and were not included in the and that often, as is probably the case lion for the unified budget deficits for President’s budget request. They did now, appropriators have no choice but the fiscal years 2003 and 2004 respec- not appear on the Joint Chiefs un- to fund unauthorized programs and tively. If we take out the Social Secu- funded priority list and were not au- take it upon themselves to make policy rity surpluses, these numbers jump to thorized in the Defense authorization determinations. That is why, as chair- $562 billion and $644 billion respec- bill. man of the Commerce Committee, I tively. More importantly, the costs of This criteria has been useful in iden- have tried to reauthorize every pro- the $87 billion war supplemental are tifying programs of questionable merit gram and bureaucracy that falls under not even factored into these numbers. and determining the relative priority the responsibilities of the Commerce In addition to this money, there are of projects that are requested by Mem- Committee. I think I have done this a number of financial liabilities the bers, often at the expense of the readi- with some success. But we still find, Federal Government has to pay out but ness of our Armed Forces. for example, in the Commerce-State- are not counted against the budget, The fact remains that in the years I Justice appropriations bill—which has such as Medicare trust funds and have created these lists, no offsets have not been considered yet on the floor— health care benefit costs provided to been provided for any project. The significant policy changes, laws writ- the Department of Veterans Affairs. Joint Chiefs provided a list of critical ten—it is rather remarkable. Entire de- This leads Mr. Walker to state: requirements above what was provided partments of Government are dissolved We are starting off in a financial hole we for in the President’s budget request. without debate—by the way, with the don’t really have a very good picture of how That list totaled nearly $18 billion for strong objections of the executive deep it is. the year 2004. We should provide addi- branch. His suggestion: tional funding for defense for items and So one of the reasons the authoriza- It is time to admit that we are in a fiscal programs which the Joint Chiefs need, tion bills are held up is because Mem- hole and ‘‘stop digging.’’ not for programs that are important bers know that authorization measures I would like us to take seriously the because of the State they come from or don’t really have to pass, and we know advice of the top Government watch- because of the seniority of the Member that the appropriations vehicles are al- dog and quit digging. It seems to me if of Congress. ways available to carry legislative rid- everybody in this country is watching My point is, we cannot do business as ers. I have testified before the Rules reality television these days, I say to usual. There is an ever-growing propor- Committee on the need for change, and my good friends watching the Senate tion of our Federal budget that is in I think at some point in time we will proceedings on C–SPAN, you are not these appropriations. While the cost of be faced with a choice: We either do watching reality television here. What each program or project may not seem

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11941 like a good deal of money, collectively, know what a utilidor is. Kentucky, ing schools in hurricane-stricken Hon- earmarks, such as the ones in this leg- they did OK. Then there is $1.2 million duras; fighting fires in our Western islation, significantly burden American for the Fort Knox University of Mount- States; overseeing civil affairs in Bos- taxpayers. ed Warfare Campus Area Network In- nia; and augmenting aircraft carriers Let me point out some of the more frastructure. One of my favorites that short on Active Duty sailors with crit- egregious examples in this legislation: was in the bill last year, a half million ical-skilled enlisted ratings during at- $135 million for advanced procure- dollars for a hangar at Griffis Air sea exercises, as well as during periods ment of the LPD–17; Force Base in New York. The only of deployment. $8.1 million for the 21st century problem with that is that Griffis Air I look forward to the day when I do truck. Mr. President, $8.1 million for Force Base has been closed for many not have to criticize the unrequested the 21st century truck, not requested years. It no longer belongs to the mili- spending in appropriations bills. Yes- by the Department of Defense, not on tary or the Federal Government. terday, the House and Senate passed any list the Joint Chiefs of Staff might Of course, language preventing that the Department of Homeland Security feel is important, but the 21st century has been in for several years, language Appropriations Act. I was encouraged truck finds its way into the Defense ap- which clearly falls under the purview to see that there was not a great deal propriations bill each year; of the authorizing committee, pre- of unnecessary spending in that legisla- $4.3 million for the Army’s smart venting the disestablishment of the tion. We still have a number of appro- truck. One would think after all these 53rd Weather Reconnaissance Squadron priations bills and conference reports years on the pork list if this truck was of the Air Force Reserve stationed in left to consider in this session. I can so smart, it would find a way to fund Mississippi. That is clearly a policy de- only hope that the members of the Ap- itself by now; cision and has nothing to do with ap- propriations Committee will follow the $1.0 million for the Young Patriots propriations. lead of the Homeland Security appro- Program. It is a wonderful name. It is Then there is $45.7 million for the priators in the future. I think we are a program by the National Flag Foun- Maui Space Surveillance System; $23 entering a very serious fiscal crisis in dation to expand the Young Patriots million for the Hawaii Federal health the United States, including the fact Program to include a video which pro- care network, $2.5 for the Alaska Fed- that the Social Security situation is motes the significance of national pa- eral health care network. If I were going to be compounded by the retire- triotic holidays. I love our patriotic from Alaska, I would be a little upset ment of the baby boomers, the Medi- holidays, but $1 million to watch a at that disparity: $23 million for the care trust fund is going to be in a very video on national patriotic holidays? Hawaii Federal health care network, serious situation, and we are rapidly One of my favorites that has come and only $2.5 million for the Alaska approaching the kind of deficits that up—it is interesting, once they are in, Federal health care network. were only equaled in the early Reagan they continue year after year—$1.0 mil- Our old friend, the brown tree snake, years and may even exceed them. lion for Shakespeare in American Mili- is back, another $1 million for the I know of no economist who does not tary Communities. Shakespeare in brown tree snake, the best funded believe that sooner or later the deficit American Military Communities has snakes in the United States and cer- will increase interest rates and cause found its way in again. I guess it all is tainly in the world; $1.4 million for the inflation. There are a broad range of a matter of priorities. minimally invasive surgery program economists who have many different $1.8 million for the canola fuel cell for Ohio; $4.5 million, Pacific Island views on many different aspects of eco- initiative. I think canola is cooking health care network; $3 million for nomics. I know of none who believe oil. I am not sure. But $1.8 million for complementary and alternative medi- that over time burgeoning deficits are the canola fuel cell initiative not re- cine. bad for America and the people who re- quested by the President or the Depart- Again, I want to point out there are side in our country. Not too long ago, someone said the ment of Defense; a number of excellent programs. The difference between California and $1 million for Lewis and Clark bicen- legislation provides a pay raise to our Washington is that in California they tennial activities. If this was in the In- soldiers, sailors, and airmen, as well as cannot print their own money. I think terior appropriations bill, I would sup- a targeted raise for midcareer officers there is a certain truth to that. What port celebrating the Lewis and Clark and selected noncommissioned officers. bothers me is that we are not making bicentennial activities. I think it was a The legislation also provides $128 mil- strong efforts to reduce unnecessary monumental series of events in Amer- lion for the continuation of increased spending at this very difficult time. ican history, but we are taking it out rates for imminent danger pay and I thank the Senator from Alaska, our of defense. family separation allowances. Of distinguished chairman, as we enter a $7.5 million for the Joint Advertising course, my question is: Why is that not very difficult time, for trying to get Market Research and Studies Pro- permanent? approval of the request of the Presi- grams. I can hardly wait to see the I have a serious concern that ex- dent of the United States. I commend commercials that come from this tended deployments will lead to reten- him for his heroic effort on behalf of money. tion problems if we do not work to en- the much needed and very critical $3 million for U.S.-made bayonets. sure that we take care of our soldiers amounts of money, both in terms of de- Nobody else has made bayonets. Once and sailors. By providing our fense and in reconstruction funding. again, Buy America provisions have servicemembers with adequate bene- I just came from a hearing in the found their way into the bill. fits, we help ensure that our military Armed Services Committee where Am- $6.5 million for the procurement of will not face retention problems. bassador Bremer stated unequivocally, lightweight armor for CH–46. The con- In this morning’s Washington Post as did General Abizaid, that this ferees mention use of Kevlar, a DuPont there is a quote from an unnamed Na- money, both for the military and re- product, making this another Buy tional Guardsman who said that with construction, is not only vital but very America provision. these recent strains, the Guard in par- time sensitive. Both Ambassador I congratulate again the Senator ticular, and Reserves, are going to have Bremer and General Abizaid said the from Alaska for a large number of ap- significant difficulties. National Guard war is on for the hearts and minds of propriations that are earmarked for and Reserve servicemembers are per- the Iraqi people. We need to restore the the State of Alaska ranging from $8 forming many vital tasks. Direct in- infrastructure. We need to provide for million and up to $26 million for rail- volvement in military operations to their security. Otherwise, we will face, road track alignment at Air Force- liberate Iraq in the air, on the ground, in the words of Ambassador Bremer, managed ranges to $8.9 million for hy- and on the sea, guarding nuclear pow- ‘‘the most severe crisis.’’ brid electric vehicle testing only at the erplants, our borders and airports in I thank the Senator from Alaska, our cold region testing facility. $9 million the United States; providing support to distinguished chairman of the Appro- for the Fort Wainwright Utilidor. I the war on terrorism through guarding, priations Committee, for the heroic ef- apologize I keep displaying my igno- interrogating and extending medical fort he is making to get that urgent re- rance on some of these items. I do not services to al-Qaida detainees; rebuild- quest from the President of the United

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11942 CONGRESSIONAL RECORD — SENATE September 25, 2003 States to take care of our men and I know my friend wants to comment. So anyone who would in any way women in the military and pursue to I have been asked—we do expect a vote. infer that there was anything wrong success the very vital mission and We will try to get a vote on the pend- with that simply is wrong. The chair- challenges we face in Iraq. ing bill. We are having a communica- man of the full committee is in the I yield the floor. tions problem. I yield to my friend. Chamber, and he would acknowledge The PRESIDING OFFICER. The Sen- Mr. REID. I say to the distinguished that, as would the chairman of the ator from Alaska. chairman of the committee, we want to Budget Committee, Senator NICKLES, Mr. STEVENS. Mr. President, I do have a vote on this most important bill as would Senator CONRAD. thank the Senator from Arizona for his as early as possible. It appears now we Mr. President, could we have order in comments about the supplemental. are not going to be able to do that the Chamber, please? This bill before us now is what we call until a later time today because we The PRESIDING OFFICER. The Sen- the peace budget for defense. It does have a number of people who are going ate will come to order. not contain any of the monies for Iraq to the White House at 2:20. President Mr. REID. One reason I asked you to or for Afghanistan. That money is in Bush always meets on time. bring the Senate to order was there the separate supplemental emergency Mr. STEVENS. If the Senator will were two conversations going on. They appropriations bill on which we are yield, I am informed if I make a re- were both interesting. It was hard for working. That was handled in that quest for a vote on this conference re- me to listen to both of those and also manner because of the request that we port at 1:15, that will be acceptable. Is try to get my thoughts together. I have a clear delineation of the monies that not correct? don’t know which of the two was the to be spent for Iraq and Afghanistan. Mr. REID. We would agree to that. more interesting but they were both I will comment on two things, but Mr. STEVENS. Mr. President, I ask pretty good. first I ask unanimous consent that the unanimous consent that the vote on I say to my friend from Arizona, the vote on the pending conference report the conference report occur at 1:20, and distinguished senior Senator from Ari- occur at 12:10 today, and that Senators I ask for the yeas and nays. zona said the country was in a hole and be so notified. Mr. REID. Reserving the right to ob- we should stop digging. I respectfully The PRESIDING OFFICER. Is there ject, that would be fine if the Senator agree with him. But the hole isn’t any- objection? would modify his request—that we stay thing the Energy and Water Develop- Mr. REID. I object. There has been a on this until 1:15? problem. Mr. STEVENS. That is my under- ment Subcommittee created. We are The PRESIDING OFFICER. The ob- standing. We will stay on this bill until struggling to take care of the defense jection is heard. 1:15. needs of this country. You know the The Senator from Nevada. The PRESIDING OFFICER. Is there Energy and Water Development Sub- Mr. REID. Mr. President, I was just objection? committee handles the defense nuclear notified by staff that we received a call Without objection, it is so ordered. programs of this country, in addition and we could have the vote at 1:15. Mr. STEVENS. I ask for the yeas and to many other programs—university Mr. STEVENS. I did not hear the nays. programs and other things that go on. Senator. If there is an objection to the The PRESIDING OFFICER. Is there a The situation is simply that the hole time agreement, I will continue with sufficient second? the Senator talks about was created by my comments. There appears to be a sufficient sec- the fact that we are spending far more The Senator from Arizona did men- ond. money than we are taking in. It is no tion the money in this bill for the Alas- The yeas and nays were ordered. secret, when President Bush took of- ka railroad. The Alaska railroad goes Mr. REID. Mr. President, my friend fice, there was a surplus of about $7 through two military reservations, and from Arizona, for whom I have the trillion over 10 years. That is gone. this money is to straighten out that greatest admiration and respect—he This year’s deficit will be around $700 railroad as it goes through those two and I came to Washington together in billion, when you take out the Social military reservations. We have done 1982 as new Members of Congress. Of Security Program and don’t have that this for a period of years now. We are course, at that time I was aware of his mask the deficit. So the hole is there, straightening it out so it does not pro- gallant deeds for our country as a and I acknowledge that. The Senator is vide a hazard to the people who live on member of the U.S. Navy. right. I am simply saying don’t pick on base. It moves the sound as far as we However, the Senator has tried to in- the Energy and Water Development can from the military operations. It is dicate that there was something wrong Subcommittee; we had nothing to do much more safe as it is straightened with how the energy and water appro- with the hole. The hole was dug by oth- out and does not have a circuitous priations bill was handled, especially ers, not by us. route through those two military the raising of the 302(b) allocations. Mr. President, I suggest the absence bases. That is done all the time. We worked of a quorum. In addition, for the Senator’s infor- very hard with the chairman of the The PRESIDING OFFICER (Mr. mation, a utilidor is a facility that we Budget Committee, the ranking mem- SUNUNU). The clerk will call the roll. put into the ground in Alaska to carry ber of the Budget Committee, the The assistant legislative clerk pro- our utilities. In effect, it is an under- chairman of the subcommittee, this ceeded to call the roll. ground tunnel so that the utilities can Senator, the chairman of the full com- Mr. INHOFE. Mr. President, I ask all be maintained underground during mittee, and the ranking member of the unanimous consent that the order for the wintertime. It contains water, full Appropriations Committee to come the quorum call be rescinded. sewer, electric, all cables, and they are up with some way to take care of the The PRESIDING OFFICER (Mr. BUN- capable of maintenance through the weather-related problems that had oc- NING). Without objection, it is so or- winter. curred, dealing with the Corps of Engi- dered. As a matter of fact, I would welcome neers. the District of Columbia to follow our What we did was, we had an amend- (At the request of Mr. DASCHLE, the path and put the utilities underground ment ready to offer, to have an emer- following statement was ordered to because every time there is a storm, all gency appropriation, in effect, for the be printed in the RECORD.) the electric lines, power lines, and $125 million that was caused by weath- Mr. GRAHAM of Florida. Mr. Presi- cable lines come down because they are er-related activities. I have no doubt dent, today I commend the Senate for not buried. We do not just bury them that would have been agreed to. How- addressing and correcting an unfortu- under the ground. We bury a long, con- ever, after meeting with the Senators nate hardship placed on Native Amer- tinuous container that is capable of about whom I spoke, they were able to ican veterans. being walked through so we can main- find money in other appropriations For the past decade, VA’s Native tain all of the utilities on our military bills that was not used. Rather than American Housing Loan Program has bases. They, at times, need moderniza- have the emergency designation, we provided direct loans to eligible Native tion. The money in this bill is for mod- simply raised the 302(b) allocation. The American veterans who wish to pur- ernization. $65 million was just that. chase, construct, or improve a home on

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11943 trust lands—lands held by the federal long-lasting Native American commu- NOT VOTING—5 government for the benefit of Native nities. According to VA’s Annual Re- Edwards Gregg Lieberman Americans. A problem arose this year port to Congress for fiscal year 2002, Graham (FL) Kerry due to a provision included in the fiscal VA closed 62 loans during 2002 for a The conference report was agreed to. year 2003 Omnibus Appropriations bill, total of 289 loans made under the pro- Mr. REID. Mr. President, I suggest which set a spending cap for the pro- gram from its inception through Sep- the absence of a quorum. gram at $5 million. That figure was tember 30, 2002. The PRESIDING OFFICER. The deemed reasonable by the administra- Mr. President, as ranking member on clerk will call the roll. tion and appropriators because it was the Veterans’ Affairs Committee, I ap- The legislative clerk proceeded to taken from previous years’ spending plaud the Congress for working to al- call the roll. amounts. leviate this problem in a timely man- Mr. DEWINE. Mr. President, I ask However, due to historically low in- ner. I am proud to support a provision unanimous consent that the order for terest rates over the past year, VA and in the Department of Defense appro- the quorum call be rescinded. borrowers have worked together to re- priations bill that will eliminate the The PRESIDING OFFICER. Without finance many loans, loans that were spending cap completely. The legisla- objection, it is so ordered. counted toward the $5 million cap. The tion ensures that stalled housing f combined costs of refinanced loans and projects can be continued without sti- new loans led VA to exceed the newly- DISTRICT OF COLUMBIA APPRO- fling future home ownership opportuni- PRIATIONS ACT, 2004—Resumed implemented cap. Consequently, last ties for Native American veterans. I June, VA was forced to cease providing am glad that we have been able to The PRESIDING OFFICER. The further funds for the year. This left work in a bipartisan manner and I clerk will report the pending business. many Native American veterans in de- know the Native American veteran The legislative clerk read as follows: spair as their housing projects sat community is thankful of our efforts. A bill (H.R. 2765) making appropriations awaiting completion. With the ces- for the government of the District of Colum- The PRESIDING OFFICER. The sation of the program, veterans have bia and other activities chargeable in whole question is on agreeing to the con- been unable to complete construction or in part against the revenues of said Dis- ference report. on homes that were already in trict for the fiscal year ending September 30, 2004, and for other purposes. progress, refinance existing loans, or The yeas and nays have been ordered. pay contractors. The clerk will call the roll. Pending: The Native American Housing Loan The legislative clerk called the roll. DeWine/Landrieu amendment No. 1783 in the nature of a substitute. Program originally began as a 5-year Mr. MCCONNELL. I announce that pilot project in 1993. Congress, recog- the Senator from New Hampshire (Mr. The PRESIDING OFFICER. The Sen- ator from Ohio. nizing its value, has re-authorized it GREGG) is necessarily absent. twice and extended it through 2005. A Mr. DEWINE. Mr. President, in just a Mr. REID. I announce that the Sen- recent GAO report noted a primary mo- moment my colleague and friend from ator from North Carolina (Mr. tivating force behind the bill was the California will be offering an amend- EDWARDS), the Senator from Florida fact that the home ownership rate ment. Before she does that, I again (Mr. GRAHAM), the Senator from Massa- among Native Americans is one of the thank her for her contribution to this chusetts (Mr. KERRY), and the Senator lowest in the United States, finding bill. from Connecticut (Mr. LIEBERMAN) are that ‘‘while over 67 percent of Ameri- When this bill was being marked up necessarily absent. cans own their homes, fewer than 33 in the Appropriations Committee, she percent of Native Americans own I further announce that, if present came to Senator STEVENS, the chair- homes.’’ and voting, the Senator from Massa- man, Senator GREGG, myself, and the In the report accompanying a reau- chusetts (Mr. KERRY) would vote other members of the committee and thorization of the program in 1998, the ‘‘yea.’’ said she believed the bill could be im- Senate Committee on Veterans’ Affairs The PRESIDING OFFICER. Are there proved—specifically, the section hav- stated that direct loans to these Native any other Senators in the Chamber de- ing to do with the scholarships for the American veterans are necessary siring to vote? children in the District of Columbia. since—even with traditional VA guar- The result was announced—yeas 95, She made some suggestions. Quite antees—commercial lenders will not nays 0, as follows: frankly, as I told her on the phone make mortgage loans to finance the later, I was just sorry I had not come [Rollcall Vote No. 364 Leg.] purchase or construction of housing on up with those ideas because, frankly, Native American lands. They decline to YEAS—95 she significantly improved the bill. So do so because Federal law would pro- Akaka DeWine Lugar I wish to publicly again thank her for hibit a lender, in the event of default, Alexander Dodd McCain the suggestions she made. We incor- Allard Dole McConnell from taking possession of native trust Allen Domenici Mikulski porated those suggestions, those ideas, lands. Recent estimates indicate there Baucus Dorgan Miller into the bill in the committee. are approximately 190,000 Native Amer- Bayh Durbin Murkowski She said: We want to make sure this Bennett Ensign ican military veterans. Many expert Murray bill is constitutional. She had some Biden Enzi Nelson (FL) demographers recognize that, histori- Bingaman Feingold Nelson (NE) ideas in regard to that. We incor- cally, Native Americans have the high- Bond Feinstein Nickles porated them into the bill. She also Boxer Fitzgerald Pryor said: ‘‘Let’s make sure the mayor—who est record of service per capita when Breaux Frist Reed compared to other ethnic groups. Con- Brownback Graham (SC) has been such a strong advocate for the Reid Bunning Grassley gress realized that they should be al- Roberts scholarship program, the mayor of the Burns Hagel lowed to receive the benefits they have Rockefeller District of Columbia—let’s make sure Byrd Harkin earned through their service—such as Campbell Hatch Santorum he is intricately involved in this pro- VA home loans—no matter where they Cantwell Hollings Sarbanes gram, the designing of the program, Carper Hutchison Schumer choose to live in the United States. Sessions the running of the program; let’s make The Native American Housing Loan Chafee Inhofe sure he is tied into this program, and Chambliss Inouye Shelby Program alleviates some of the prob- Clinton Jeffords Smith that we can, in fact, do that.’’ We made lems faced by Native American vet- Cochran Johnson Snowe those changes as well. erans in a couple of ways. First, the Coleman Kennedy Specter Third, she said: ‘‘Let’s make sure Collins Kohl Stabenow bill lowers barriers for these heroic Conrad Kyl Stevens there is accountability so we can meas- veterans by encouraging them to par- Cornyn Landrieu Sununu ure the results.’’ We made some ticipate in the privileges and benefits Corzine Lautenberg Talent changes to accomplish that as well. of home ownership in America. Sec- Craig Leahy Thomas The amendment she will offer and de- Crapo Levin Voinovich ondly, the program provides economic Daschle Lincoln Warner scribe in a moment builds on the incentives to develop thriving and Dayton Lott Wyden changes that we have already made but

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11944 CONGRESSIONAL RECORD — SENATE September 25, 2003 goes further and breaks new ground sought to participate in the scholarship pro- He went to the State and got a spe- and perfects the bill even further. I am gram but were not selected; and cial charter from the State. He came anxious to hear her description of the (D) disclose any personally identifiable in- back here and convinced Jerry Lewis in amendment. I have taken a look at it. formation only to the parents of the student the House, me in the Senate, to put to whom the information relates; and It is an excellent amendment. (2) describes how the eligible entity will some money in a bill to allow him to I yield the floor and anxiously await ensure that the parents of each student who begin. her amendment. applies for a scholarship under this title (re- I spoke to Jerry Brown this morning. The PRESIDING OFFICER (Mr. gardless of whether the student receives the I said: Jerry, I want to give the Senate ALEXANDER). The Senator from Cali- scholarship), and the parents of each student a brief progress report. How is it going fornia. participating in the scholarship program in your military school? under this title, agree that the student will AMENDMENT NO. 1787 TO AMENDMENT NO. 1783 He said: We have our startup prob- participate in the assessments used by the lems, but we are doing pretty well. We Mrs. FEINSTEIN. Mr. President, I District of Columbia Public Schools to assess have 350 youngsters. Some drop out. thank the manager of the bill, my col- the achievement of District of Columbia pub- We have discipline. We have uniforms. league from Ohio. I appreciate his sen- lic school students under section 1111(b)(3)(A) We have the National Guard partici- timents. of the Elementary and Secondary Education pating. These youngsters, 3 years later, Once in a while, by something we do, Act of 1965 (20 U.S.C. 6311(b)(3)(A)), for the are testing to the equivalent of the sec- we can make a tangible and immediate period for which the student applied for or ond best middle school in Oakland. difference in the lives of others. This is received the scholarship, respectively. (d) INDEPENDENT EVALUATION.—The Sec- So it was a new model. It was refused one such instance. In this case, what I retary and Mayor of the District of Columbia by the educational establishment. But hope to do is send an amendment to shall jointly select an independent entity to it is working for some youngsters. the desk, have Senator DEWINE’s sec- evaluate annually the performance of stu- When I went to public school in San ond degree, and then I would like to dents who received scholarships under the 5- Francisco, there were 350 students in year pilot program under this title, and shall speak to the underpinnings of this the school. The class sizes were under scholarship program, which some peo- make the evaluations public. The first eval- uation shall be completed and made avail- 20. There were no other languages ple call a voucher program, and my ra- able not later than 9 months after the entity other than English spoken. That is cer- tionale as to why I think this Mayor’s is selected pursuant to the preceding sen- tainly not the case for the most part in request to try a pilot small voucher tence. public education today. It has changed program in the District of Columbia (e) TEACHER QUALITY.—Each teacher who dramatically. Schools have student should be granted. instructs participating eligible students populations in the hundreds. Classes I begin by sending the amendment to under the scholarship program shall possess a college degree. are way up in numbers. Language has the desk. run up to 40 different languages in a The PRESIDING OFFICER. The Mrs. FEINSTEIN. Mr. President, I have been in public office for 30 years. school. The economic and social dis- clerk will report. parity of this great diverse society The legislative clerk read as follows: I have always supported schools. I sup- ported every charter amendment, and makes teaching in the elementary The Senator from California [Mrs. FEIN- every bond issue to be helpful to school grades much more difficult. STEIN] proposes an amendment numbered I have come to believe that if I can schools. I have supported every vote to 1787 to amendment No. 1783. make a difference to work for new increase dollars to schools. I voted to Mrs. FEINSTEIN. Mr. President, I support charter schools, magnet models in education, I am going to do ask unanimous consent that the read- schools, alternative schools. I have it. Education is primarily a local insti- ing of the amendment be dispensed campaigned for increasing Title I mon- tution. Policy is set by local leaders. with. eys that go to schools that teach poor The Federal Government provides The PRESIDING OFFICER. Without children to try to correct the formula maybe 7 percent of educational dollars objection, it is so ordered. so the money goes where the child and most of those through Title I of The amendment is as follows: goes. the Elementary and Secondary Edu- (Purpose: To amend the DC Student Oppor- As a Mayor for 9 years, 3 of those cation Act. tunity Scholarship Program regarding stu- years I bailed out the school district I strongly believe that Mayors should dent assessments) with $3 million a year so that teacher have an input. This Mayor has asked On page 31, strike line 13 and all that fol- salary increases could be paid during for dollars not to be taken from public lows through page 32, line 2, and insert the those years. I have traveled to many schools but new dollars: new dollars to following: cities to see what innovative public be put in public schools, $13 million; (c) STUDENT ASSESSMENTS.—The Secretary education programs have been put into new dollars to be put in chartered may not approve an application from an eli- play. I have never before supported a schools, $13 million; and new dollars to gible entity for a grant under this title un- try a scholarship program to try some- less the eligible entity’s application— voucher program. I do so now with a great commitment to see if this pro- thing different. (1) ensures that the eligible entity will— What he has seen in the District of (A) assess the academic achievement of all gram can succeed. I do so now because participating eligible students; those of us who believe strongly in pub- Columbia is too much failure. Despite (B) use the same assessments every school lic education—and that is 100 Members the fact that each youngster receives year that are used for school year 2003–2004 of the Senate—have perhaps been too $10,852 a year—the third highest in the by the District of Columbia Public Schools concerned with the structure of edu- United States,—despite the fact that of to assess the achievement of District of Co- cation, the rhetoric of education, and the amount of money that comes into lumbia public school students under section not concerned enough about what actu- education, test scores are dismal. 1111(b)(3)(A) of the Elementary and Sec- ally works on the streets and in the Of fourth graders in the District of ondary Education Act of 1965 (20 U.S.C. neighborhoods and communities of Columbia schools, only 10 percent read 6311(b)(3)(A)), to assess participating eligible proficiently. Of eighth graders, only 12 students in the same grades as such public America. school students; This was brought to my attention 3 percent read proficiently. (C) provide assessment results and other years ago when the Mayor of Oakland, Think about what that means. If you relevant information to the Secretary or to Jerry Brown, called me and said: My are in the eighth grade and you can’t the entity conducting the evaluation under schools have deep troubles. There are read, what good is high school? You section 9 so that the Secretary or the entity, so many failing youngsters. I want to can’t read to learn. Reading is a predi- respectively, can conduct an evaluation that try something new. I would like to try cate to learning, just as discipline is a shall include, but not be limited to, a com- a military school, all voluntary, aimed predicate to learning. So these young- parison of the academic achievement of par- to be geared for excellence, college pre- sters become doomed. ticipating eligible students in the assess- paratory. I want to have the poorest of This is not my assessment. This was ments described in this subsection to the a national assessment that was done in achievement of— the poor admitted to this school. (i) students in the same grades in the Dis- I thought about it for a while. March of 2000. Of eighth graders, 77 per- trict of Columbia public schools; and He said: I have been turned down by cent are below the grade level in math. (ii) the eligible students in the same grades the local board of education. But that Twelve percent are proficient in read- in District of Columbia public schools who is not going to stop me. ing.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11945 I am supporting this because the NUMBER OF STUDENTS IN FAILING SCHOOLS, DISTRICT OF sions permitting religious discrimina- Mayor wants it. I am supporting it be- COLUMBIA PUBLIC SCHOOLS, ENROLLMENT FOR SE- tion under certain circumstances. cause it is not a precedent. It is a pilot. LECTED SCHOOLS AS OF SY 02–03 We deleted certain other language It is 5 years. The voucher is adequate. which we thought might impact the es- It is $7,500. There are 9,049 students in Schools Enrollment tablishment clause. We increased the the District of Columbia in failing Elementary role of the Mayor to make the Mayor Bruce-Monroe ES ...... 370 schools. Stanton ...... 622 responsible for the details and func- This would cover 2,000 of those Wilkinson ...... 508 tioning and accountability of this pro- Fletcher-Johnson EC ...... 528 youngsters; 2,000 of those youngsters Middle/Junior High gram, and to ensure the proper use of would have an opportunity to have Evans MS ...... 259 public funds by the schools partici- Sousa MS ...... 420 some choice in where they go to school. Johnson JHS ...... 646 pating in this voucher program. Would they go to a religious school or R.H. Terrell JHS ...... 294 The amendment I have sent to the Senior High a secular school? That is up to the par- Anacostia SHS ...... 693 desk is an additional strengthening of ent; it depends on the cost. Some fami- Ballou SHS ...... 964 the testing and evaluation components Coolidge SHS ...... 843 lies would be able to put in some addi- Eastern SHS ...... 968 of the bill to try to ensure that schol- Roosevelt SHS ...... 821 arship students are taught by quality tional funds, if the private school tui- M.M. Washington CSHS ...... 329 tion is above $7,500. Woodson SHS ...... 788 teachers. Essentially what this bill says is every voucher child must be But I know for a fact there are plenty Total kids low performing schools ...... 9049 of schools where the tuition is below taught by a teacher that at least has a the $7,500. As I said in the committee, Mrs. FEINSTEIN. Mr. President, the college education. Additionally, we I helped a youngster go to one of these Mayor has asked for a 5-year pilot. He have changed the testing requirements. parochial schools in the District. The said it would be for the less affluent. I have had a conversation with Car- tuition is $3,800 a year. I have watched They are defined by families of 4 at 185 dinal McCarrick. Since about one-third her blossom. I have watched the dis- percent of poverty. This is a family of of the private schools in the Districts cipline work for her. I have watched 4 that earns $34,000 a year, or below, are Catholic schools, I talked to the the small classes work for her. I have and these children would be given pri- Cardinal about the advisability of hav- watched the additional time the teach- ority by lottery to have an opportunity ing the same tests given to a student er spends with her work. I see her read- to go to another school. It is like a on a voucher in a parochial, or secular ing way above grade now. I see her golden key. It gives them an oppor- school, as would be given to a student proud of her uniform that she wears, so tunity to try something else. It is vol- in the public school. He agreed that there is no competition for clothes. It untary. Nobody is forced to do it. Why would be a very significant thing to do. is just one model. is everybody so threatened by it? No I would like to read into the RECORD The key thing that comes through to one is forced to do it. If a family wants a portion of the letter from Cardinal me, as somebody who listens to aver- to try it, this provides them with that McCarrick. age people perhaps more than I do the opportunity. . . . I want to assure you that we are not policy wonks when it comes to edu- Again, these are schools identified only open to being accountable for any pub- lic funds which the families of our students cation, is different models work for dif- for improvement, corrective action, or restructuring. That is the language receive, but anxious to be able to prove the ferent children. We all know with our value of our education. This would mean own children, what works for one child from the bill. And priority is given to students and families who lack finan- being willing to administer the same set of doesn’t necessarily work for another. examinations that are given in the public Therefore, what public education needs cial resources to take advantage of school system. to do is stop worrying about structures educational opportunities. That is the I was happy to be able to tell you that in and bureaucracies and bigness and language in the bill. So for $7,500 a the District of Columbia 47% of our students worry about what is not working for child, 2,000 youngsters will have an op- are non-Catholic— portunity to try this, to see if it makes these children. What do we do to pro- Forty-seven percent of the students a difference. vide a different environment? Do we di- in the DC Catholic schools are non- It might offer some smaller classes, Catholic— vide up our campuses in a number of or uniforms; it might offer more atten- and in the heavily impacted inner city areas smaller schools? Do we build schools in tion; it might offer an easier learning office buildings—small schools, maybe it goes up to 67% or higher. My great prede- environment; it may offer better dis- cessor, Cardinal Hickey, used to say that we with a hundred youngsters—so children cipline. Certainly, there will be some can be closer to their families? What do don’t educate them because they are Catho- curriculum changes. There will cer- lic, but because we are Catholic and we ac- we do? What new models do we look at? tainly be more emphasis on reading, cept this as a responsibility for being good All this Mayor is saying is these are writing, and arithmetic—the basics, if neighbors and committed to serving the failing schools. Why should the poor you will. community. child not have the same access as the Now we have in the Appropriations I ask unanimous consent that the wealthy child does? That is all he is Committee, thanks to the accommoda- full text of the letter be printed in the asking for. He is saying let’s try it for tion of Senator DEWINE and Senator RECORD. 5 years, and then let’s compare JUDD GREGG, made several changes in There being no objection, the mate- progress and let’s see if this model can the original bill. It was brought to my rial was ordered to be printed in the work for these District youngsters. attention to take a look at the Zelman RECORD, as follows: Interestingly enough, I am looking at Supreme Court case. Senator VOINO- ARCHDIOCESE OF WASHINGTON, the list of failing schools, and I see four VICH mentioned that to us. I believe he Washington, DC, September 8, 2003. are elementary, four are middle/junior was Governor of Ohio when Cleveland Hon. DIANNE FEINSTEIN, high; and then it jumps to eight for put forward this program, and it went U.S. Senate, Hart Senate Office Building, senior high. What is the lesson in that up to the Supreme Court in a case Washington, DC. one statistic? The lesson in that one called Zelman v. Simmons-Harris. So DEAR SENATOR FEINSTEIN: It was good to be able to speak to you on the phone on Friday. statistic is if you have four elementary we took that case and this bill and we I promised to send you this letter to clarify schools failing, you are going to add to tried to bring them together so that we the situation of our Catholic schools in the that in high school; you are going to added religion to the general non- District of Columbia. First of all, I want to have more high schools failing and discrimination clause, which also cov- assure you that we are not only open to more difficulty in high school. ers race, color, national origin, and being accountable for any public funds which Mr. President, I ask unanimous con- sex, and extend the nondiscrimination the families of our students receive, but anx- sent that this chart be printed in the clause to both schools and the entity ious to be able to prove the value of our edu- cation. This would mean being willing to ad- RECORD. operating the voucher program. We minister the same set of examinations that There being no objection, the mate- added language clarifying that the bill are given in the public school system. rial was ordered to be printed in the does not override title VII to ensure I was happy to be able to tell you that in RECORD, as follows: that we don’t change title VII’s provi- the District of Columbia 47% of our students

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11946 CONGRESSIONAL RECORD — SENATE September 25, 2003 are non-Catholic and in the heavily impacted years, a child who is not making it, Once again, I thank Senator DEWINE inner city areas it goes up to 67% or higher. whose parent may be at wit’s end, will for his courtesy in working with me. My great predecessor, Cardinal Hickey, used have an opportunity to say, aha, I He really has been terrific and I appre- to say that we don’t educate them because might be able to get one of those ciate it very much. they are Catholic, but because we are Catho- lic and we accept this as a responsibility for vouchers. Let’s see if John, Sam, Glo- I yield the floor. being good neighbors and committed to serv- ria, or Betty can make it in another The PRESIDING OFFICER. The Sen- ing the community. setting. In other words, let’s try an- ator from Ohio. I am so greatful to you for your concern other model for our child. Mr. DEWINE. Mr. President, I thank for the parents of these children. So many of Affluent people do this all the time. my colleague from California for a our parents work three jobs and more to be Affluent people have that opportunity. wonderful speech, but, more important able to afford the education in our schools. If their child does not do well in one than that, for her commitment to the The help that this legislation would make setting, they can place their child in children of the District of Columbia. available would be such a blessing for them. Her position on this issue is so typical If there is any further information that another setting. Why shouldn’t the you might find useful, please do not hesitate poor person have that same oppor- of her career and what I have seen her to have your staff contact me. tunity? This is the weight of our argu- do during the time I have been in the With every good wish and deepest grati- ment. This is the candor of our argu- Senate, during the time I have served tude, I am ment. I hope this is the caring point of with her. That is, she does not nec- Sincerely, our argument, because if this passes, essarily take the conventional posi- THEODORE CARDINAL MCCARRICK, 2,000 children will be able to take that tion. She studies issues. She goes out Archbishop of Washington. pilot and 5 years from now we will and looks at the issue. She goes out Mrs. FEINSTEIN. We have a provi- know a lot more than we know today. and sees what the issues are and tries sion in this bill that a scholarship re- I have gotten a lot of flak because I to understand them. As she says, she cipient would essentially be tested am supporting it. And guess what. I do listens to the street. She listens to the against a control group with the same not care. I have finally reached the people. She finds out what is going on, test given in the public school setting stage in my career, I do not care. I am and that clearly is what she has done as in the private school setting. going to do what I sincerely believe is in this particular case. The first component of my amend- right. I have spent the time. I have Again, as I have said on this floor be- ment requires that the managing enti- gone to the schools, I have seen what fore, I applaud her. I applaud her for ty that will run the voucher program works, I have seen what does not work. her contribution to this bill. This is a give voucher students—not every stu- Believe it or not, I have always been better bill than it would have been but dent in private school—the same as- sort of a political figure for the streets for the Senator from California. I sessments they took in public schools. as opposed to the policy wonks. I know thank her for her contribution. It also requires that the Secretary of different things work on the streets Mrs. FEINSTEIN. May I say one Education, in conjunction with the that often do not work on the book- more thing? Will the Senator yield to Mayor, appoint an independent eval- shelves. So we will see. It is kind of in- me for a moment? uator to study all aspects of the vouch- teresting. Mr. DEWINE. I yield to my colleague er program, with a strong focus on the I have a member of my own staff who from California. academic progress of the students in I do not think was very much in favor Mrs. FEINSTEIN. First of all, again, the program. of me trying this, but at one point she I thank the Senator. It has been a The independent evaluator, which came up to me and said: I must tell you great pleasure for me to work with could be a think tank, could be an something. I grew up in Anacostia. My him. I really appreciate it. independent entity, will be required to parents could afford to send me to a I have just been alerted that the evaluate the test scores of voucher stu- Catholic school, and I went to that Mayor is here. I understand the Mayor dents over the 5-year period, as well as school. I saw so many of my peers get of the District of Columbia can come the scores of a randomly selected group into such trouble and it conditioned on the floor of the Senate. I believe of comparable students who applied for the whole remainder of their life. Now very strongly, because mayors run vouchers but did not get them. today, she is a distinguished attorney their cities, they are responsible. Yet, The test scores of the control group with a solid career and a solid job. in education, it is very often so frus- for which no voucher is available will My concern in education has always trating because they do not have con- be studied and measured against the been K–6. It has always been teaching trol. This is the Mayor who wants to scores of the voucher students. the basic fundamentals to kids so they leave a legacy of an improved edu- The evaluator will be required to re- could go on and learn, because if they cation system for the District. port back to the Congress every year do not have the basic fundamentals, it Those of us who read the Washington on the progress, for the duration of the is so humiliating. Post this morning, and the Mayor’s 5-year pilot. This amendment also re- As mayor, I used to go out to comments addressed, I guess, to the quires that the test scores of both re- Bayview Hunter’s Point every Monday. editorial board of the Washington Post, cipients and the student control group, I spent the afternoon with children. I understand the frustration. I have al- as I said, would be studied, obviously, talked to children. It took me 6 months ways been one who had a great appre- against one another. to get them to look me in the eye, to ciation for Dick Daley, of Chicago, who I think we have a very practical, very be able to pronounce their names, to be went to the State legislature and said: doable trial proposal. I know on this able to talk directly to another human Give me control of appointment of the side of the aisle there are a lot of ob- being. It took the time, the energy, and school board. And they did. He ap- jections to it, and I must say I am the effort. Through no fault of their pointed some of his people to the deeply puzzled by them because I do own, in many cases our public institu- school board and turned around the not understand what the fear is. Tradi- tions are so overburdened, with so Chicago public schools. I think in a tionally, the argument against vouch- many different issues, that it is dif- way that has set a real pattern for pub- ers always has been it takes money ficult to provide everything for every lic education in America. I had the away from the public school. This does child. Obviously, some children need privilege of visiting those schools and not. It adds money to the public more than they are getting. spending a day in Chicago. school. Another argument always has I hope there will be others on my side I ask consent that the Mayor be al- been, how do we really know the stu- of the aisle who will give this program lowed to come on the floor of the Sen- dents will do better? We have the test- a chance. I believe it will meet the test ate? ing and evaluation component in place. of constitutionality. I believe it is a The PRESIDING OFFICER. The Finally, the program is restricted to bona fide pilot. I intend to stay with it Mayor of the District of Columbia is those most in need. These will be the and see what happens and see that the authorized to be on the floor of the poorest families in DC who will partici- evaluation and the testing is adequate Senate under the rules. pate. They will all be families of four, and carried out correctly and see what Mrs. FEINSTEIN. Thank you very earning under $34,000 a year. So for 5 we learn for the future for our children. much, Mr. President.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11947 Just to continue on for a moment, I try to give the poorest families in the from California suggested in her think what’s going to happen in Amer- city more choices of school for their amendment some provisions which will ica is that more mayors of big cities children. It only happened because help make sure that it gets a fair test— will get more control over the schools, Polly Williams, who was the State rep- requiring scholarship students to take whether it is by appointing the school resentative and was the leader of Jesse tests similar to other students in the board or whether it is by having a sepa- Jackson’s campaign in Wisconsin, and District, requiring the Secretary of rate entity involved in it. In the case of the Democratic mayor of Milwaukee, Education and the Mayor to select an Chicago, I remember the Mayor ap- and the Republican Governor, Gov- independent entity for evaluation, and pointed his chief of staff as head of the ernor—now Secretary—Thompson, all to say that the teachers of these chil- school board and his budget person, happened to come to the same conclu- dren who are on scholarships should be Paul G. Vallas, as superintendent of sion. They all thought outside the box. as well qualified as possible. Those are public instruction. So they had a work- They all did things that were different. very sensible additions. ing team to really turn the public But the person that really made the The Mayor wants it. It is a pilot pro- school system around. most difference, with great respect to gram. And it helps 2,000 of the poorest I would like to welcome the Mayor of the mayor and with great respect to children in failing schools by giving the District of Columbia to the floor of the Governor at that time, was Polly them $7,500 a year of new money. This the Senate. Williams, who represented parents who comes from no other educational pro- Welcome, Mr. Mayor. Thank you said: I want this for my child. gram. If it is not spent for this, it goes very much. What we are hearing today in the right back into the Federal budgets. It I want everybody to know this is Senate, and what the Senator from is new money to give them that choice. your request and your program. I don’t California has so beautifully stated, Pilot programs and studies some- know how many votes on our side of and the Mayor has brought to our at- times help us learn things. For exam- the aisle we will have for it, but I think tention, is that we have several thou- ple, Vanderbilt University did a very it is a very important program to try. sand families in the District of Colum- interesting report that was published I think it is very important. I think be- bia who are saying to us: We want this in September of 2001. cause of the testing we have built into for our child. We see the results. We see The Senator from California and the it, the same tests, the evaluation com- the figures the Senator from California Mayor of the District of Columbia ponent, the fact is that your feet are cited: In eighth grade only a few chil- might be interested in this, too. They going to be to the fire because this is dren are reading at the eighth grade took a group of schools, all of which have the characteristics of potential your program and it is going to succeed level, so few children are able to do failing schools. In this group of or fail based on your energy, your stay- math, this lack of academic success is schools, 35 percent of the students ing power, your drive, your motivation. almost a guarantee of a lack of success changed school every year, and 50 per- And I know it is there. in life. To the Presiding Officer, and to the I was glad I had the assignment of cent of the students qualified for free or reduced-price lunches. manager of the bill, I have made my ar- being the Presiding Officer at the time The parents of the children in those guments. I am happy to answer any when the Senator from California made schools had a modest education them- questions there may be, but I am hope- her speech. I wanted to add to that in selves. It is a recipe for failure when ful this amendment will be agreed to a couple of ways. compared to most of our schools. Yet I think she beautifully distinguished and we will have an opportunity to try in these schools—instead of having between this proposal and a broad this pilot program. only 1 of 10 or 1 of 20 8th graders who I yield the floor. voucher program. We have argued score proficient in math or reading, The PRESIDING OFFICER (Mr. those up and down the street for years. these schools are first in the country DEWINE). The Senator from Tennessee. But here is what the Senator from and second in the country among Afri- Mr. ALEXANDER. Mr. President, I California reminded us is different can-American students, according to appreciate the Senator from Ohio giv- about this proposal: the National Assessment for Edu- ing me the opportunity to speak at a No. 1, the Mayor wants it. If we were cational Progress in Math and Reading. time while the Senator from California in a State, if we were in the State of What schools are these? These are is still in the Chamber and the Mayor California, or Tennessee, or Ohio, the the schools on the military bases of the District of Columbia is still here. money we are talking about would across the country. All of us can specu- I greatly respect the leadership really be the State’s money; in effect, late as to why that is true. There shown by the Mayor of the District of it would be money the State was spend- might be more discipline in a military Columbia and by the Senator from ing the way the State wanted to spend school or military environment. An- California, who are willing to take a it. We just happen to be in the District other one might be that the school re- fresh look at children who need help. of Columbia where the money is col- ports to the commanding officer of the This leadership is based upon their own lected a little differently. This is base. experiences and common sense, and money that local people really ought The Senator from California has just wisdom to try something different. to be able to decide how to spend, and increased the accountability of the I listened very carefully to the Sen- they want to spend it this way. That is schools in these scholarship programs ator from California. I was thinking one big difference. by saying the Mayor is directly respon- the Senate is a good place for someone The Senator from California said this sible. The Mayor of the District of Co- with a lot of experiences on the street is a pilot program. One might argue lumbia is going to be paying attention and in the Mayor’s office, in political that there is not such a thing in Fed- to these schools and these scholarship campaigns, and in legislative bodies. eral Government; that every program kids. She is someone who has enough experi- lasts forever. But it doesn’t have to There is another thing we might ence to come to her own conclusions. last forever. This is a chance to try to learn from this study of the military. This is a terribly important decision. give 2,000 poor children from failing There is one other provision which I It would not even be before us if the schools one option to see if they can found very interesting. At the military Mayor and other local officials in the succeed in their educational life. post schools where the military chil- District of Columbia had not asked for We don’t have many pilot programs dren who live on the base go to school, it because too many of the changes with this idea. We have one in Mil- parents must go to the parent-teacher that have been suggested in education waukee where it worked well, I conference. They don’t have a choice. are often suggested in the tone of: This thought. I have been to those schools. They can be court-marshaled if they is good for you. But, it rarely ever hap- We learned a lot. We have some pro- don’t go. They are ordered to go. I pens unless somebody says: I want this grams in Ohio, which the Presiding Of- guess that might be the single most for my child, or my school district. ficer helped to implement. important thing. I remember in Milwaukee 15 years In the Nation’s Capital, it might be If this education has all of these as- ago, there was a strange confluence of good to have a look and see whether pects—and everyone is an expert. Ev- circumstances that led Milwaukee to this idea works or not. The Senator erybody has 1,000 ideas. There are two

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11948 CONGRESSIONAL RECORD — SENATE September 25, 2003 things we know for absolute sure. The tions—Miami, Kenyon, Oberlin—all the right on to decide to try some other thing that makes the most difference colleges in Ohio. And Ohio State wasn’t things. in a child’s education is the parent and all that big at the end of World War II. As the Senator from California said, the second thing is the teacher. Every- A lot of the colleges that are univer- one thing we could try is to allow the thing else all added up into a lump sities today were just small teachers District of Columbia to spend its counts for relatively little compared to colleges. money helping 2,000 of those children those first two. What has been the effect of allowing who are poor and in failing schools, It might be that if there are 2,000 Federal dollars to follow students to help them go to a school of their par- families who go to the trouble of help- the educational institution of their ents’ choice and see whether that ing their kids move from a failing choice since World War II? What hap- helps. school into another school that these pened is that it has created more op- Some people say the school choice parents will have increased parental in- portunities for Americans more than plan is a think-tank plan, maybe a con- volvement. This might be what makes any other program we have ever servative plan, maybe even a Repub- the difference in terms of their child’s passed. It has created not just some of lican plan. It is none of that. Let me success. But we don’t know that unless the best universities in the world but give an example. One of the most dis- we try to find out, which we can do almost all of the best universities in tinguished educators in America is a over the next 5 years if we support the the world. It continues today in the man named Ted Sizer, at Harvard Uni- Senator’s amendment and then we sup- form of the Federal Pell grant and the versity, a graduate student during the port the bill that is reported. Guaranteed Student Loan Program. Lyndon Johnson days. He was a ‘‘power There are a couple of other things I One-half or more of students who go to to the people,’’ Johnson liberal Demo- would like to say. The Senator from colleges or universities in California or crat. As his graduate degree thesis in California said that she has lived long in Ohio or in Tennessee go to college the late 1960s, Ted Sizer published a enough to do what she thought was with a Federal grant or with a loan fol- proposal called ‘‘The Poor Kids Bill of right and that she was puzzled by the lowing them to the college or univer- Rights.’’ The idea was that part of the opposition to this program. I have to sity of their choice. war on poverty, under the LBJ pro- admit that I am puzzled, too. On my When I was president of the Univer- grams, the Federal Government should side of the aisle, I am not always in sity of Tennessee, it never occurred to give $5,000, in 1969 dollars, to every lockstep with all of the Republican me to come to the Senate and say: Sen- poor kid—he defined poor as middle in- ideas that come along because I have ator DEWINE, I hope you will pass a law come or below; which meant half the lived long enough to make up my own that keeps Federal dollars from fol- kids—give $5,000 to half the children in mind about things. lowing a Tennessee student to Vander- America and let it follow them to the But on the idea of saying that poor bilt or to Fisk or to Maryville College school of their choice. That proposal came out of the 1960s children shouldn’t have the same or Carson-Newman College or Howard from Ted Sizer, out of Harvard, out of choices of schools that middle-income University or Brigham Young or Ye- Lyndon Johnson’s philosophy. It is as and rich kids have, I have never really shiva because they are private, public, true to that philosophy as it is to Mil- understood the opposition. It has al- or parochial. It never occurred to me. I ton Friedman’s philosophy. ways puzzled me. wanted the students to have all of I like better what the Senator from Let me give an example of why. This those choices. It helped them and it California said. She was not so inter- is not some idea from the Moon. The helped our university. ested in a philosophy. She was inter- idea of giving families choices in edu- If we have the tradition of choice in ested in parents and kids on the street. cational institutions has been the sin- America, and if we have 60 years of That is who we should be listening to. gle most successful social program we funding educational institutions by al- If the Mayor and the chairman of the have ever had in our country’s history. lowing the money to follow the student city school board say: We have tried Most people would say that the GI bill to the school of their choice, it has al- everything. We are spending $11,000 per after World War II has been our most ways puzzled me as to why we exempt kid; we are putting more money into successful social program. What hap- grade schools and high schools. We charter schools; we are improving our pened after World War II? even allow Federal scholarships to let schools, but we have all these children At a time when only 5 or 10 percent money follow preschoolers to Head who are not learning to read, could we of Americans were going to college, the Start or the child care program of their not try to give them a chance to go to Government said to the veterans: When choice. Many States allow juniors and some of the same schools that they you come home, to pay you back, we seniors in high school to let money fol- could go to if their parents had some are going to give you a scholarship to low them to the college of their choice. money? That is all they are saying. go wherever you want to go to school. We have gotten in this rut, and it is I am very glad to have been here They said: You may go to Berkeley. not clear how we got there but some today to hear the Senator from Cali- You may take this money to Fisk Uni- people are determined to keep it for- fornia address the Senate. I am glad versity. You might go to Hastings in ever. The ones paying the price are the she is here to make a difference. I am California. You can to Vanderbilt, you poor kids of America. glad the District of Columbia Mayor is can go to the University of Tennessee, We just finished what has turned out here to make a difference too. you can go to Ohio State, or to Notre to be a very unpopular set of tests in Everyone, after being here for a Dame, or Kenyon. You can go to Ye- Tennessee and America, the leave no while, looks to the end of their careers shiva. You can go to a Brigham Young child behind test. In our State, some of and wonders what it will look like University. Wherever you want to go the superintendents and teachers were when looking back. My guess is when you can go to an accredited university. up in arms. They said: We are not a the Senator from California and the A great many of the veterans return- failing school. Mayor of the District of Columbia look ing from World War II used their GI I said: I would not get too proud or back—these decisions, which are coura- bills to go to high schools. Many of too embarrassed about the scores in geous in a political sense, are decisions them went to Catholic high schools. At Tennessee or California because all the they will take great pride in years to that time, we began to allow Govern- leave no child behind tests are dem- come. ment scholarships to follow students to onstrating is what we already know, The PRESIDING OFFICER (Mr. the educational institutions of their which is that in most of our schools in DEWINE). The Senator from Ohio. choice. America, even some of our finest Mr. VOINOVICH. Mr. President, I At that time, about 20 percent of our schools, there are some children who rise to support the inclusion of the Dis- higher educational institutions were are not learning to read. They are not trict of Columbia School Choice Pro- public. About 80 percent of the stu- learning to compute. Almost all of gram contained within the fiscal year dents went to private schools. those children are disadvantaged. 2004 District of Columbia appropria- It sounds strange today because now We can ignore that and adopt a new tions bill. I urge my colleagues to de- we have big public universities. In Ohio slogan that says leave no more than 35 feat any attempt to weaken or remove you had all of those wonderful institu- percent of our children behind and go the program.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11949 I also rise to support the amendment Many of these Head Start facilities In its most recent study, the center of Senator FEINSTEIN which strength- were sponsored by religious organiza- found that students who have partici- ens that provision in the appropria- tions and located on the premises of re- pated in the Cleveland Scholarship tions bill. ligious organizations. Program since kindergarten have First of all, I applaud the efforts of We were among the Nation’s leaders achieved significantly higher levels my friend, the senior Senator from in providing health care for uninsured than public school students in reading Ohio, Mr. DEWINE, for his efforts to ex- children. Ohio increased funding for and language skills. pand school choice for the parents and children and family programs by 47 I would also like to call my col- schools of the District. I also applaud percent while holding State spending leagues’ attention to the results of an the leadership of Senator GREGG mov- to its lowest rate in 30 years. These ac- evaluation of the Cleveland voucher ing this issue forward. I also applaud tions and accomplishments were rooted program that was conducted 2 years Senator FEINSTEIN for her courageous in the belief that future generations of after it began by Paul Peterson of Har- support of this program and her very Ohioans would be served by a govern- vard University. thoughtful amendment to the amend- ment that strived to empower families. In his study, Dr. Peterson found that ment to the appropriations bill. As the Presiding Officer knows, edu- parents of voucher recipients were con- My father, a first generation Amer- cation begins with a family. A parent sistently more satisfied with many as- ican, used to say that America enjoys must be a child’s first teacher. It was pects of their child’s education than more of the world’s bounty than any in this context that Ohio became one of were parents of students in the Cleve- other nation because of the free enter- the first States to undertake the chal- land Public Schools. From the quality prise system and our educational sys- lenges of implementing school choice. of academic programs to school dis- tem. This is true today as it was years My colleagues in the Senate know how cipline, teachers’ skills, class size, and ago. It we expect to remain competi- tumultuous a battle that program so forth, parents whose children were tive in the world marketplace and faced. It went on for years and finally participants in the Cleveland Scholar- maintain our standard of living, this ended up in the Supreme Court. ship Program showed greater satisfac- country needs to rededicate itself to At the beginning of the Cleveland tion and enthusiasm than did parents the free enterprise and most impor- scholarship program, we provided 2,000 in the Cleveland Public School System. tantly our educational system. scholarships to children in grades kin- The Cleveland Scholarship Program Some in Congress believe rededi- dergarten through third grade that is merely one component of a renewal cating ourselves to this Nation’s edu- would follow them through the eighth in our education system that needs to cational system means simply throw- grade. Depending on the family’s in- occur. I do not stand before the Senate ing more money at the issue, closing come level, the State paid between 75 and claim it is a cure-all for all trou- our eyes, hoping it will solve itself. and 90 percent of the cost of education. bled school districts. I think it is very If spending alone ensured a quality The scholarship amount did not exceed important. Those of us who are sup- $2,250, which provided a significant por- education, the District would be one of porting Senator DEWINE’s and Senator tion of the tuition at one of the partici- the best school systems in the Nation. FEINSTEIN’s amendment are not claim- For the school year that ended June pating nonpublic schools in Cleveland. ing this is going to be the cure-all for 2001, the District spent an average of The State also provided an equal num- troubled school districts. What we are ber of $500 tutoring grants to those stu- $10,852 per student. That is the third saying is that it is another option on dents who did not receive scholarships highest in the Nation. However, the the education smorgasbord. And as the but whose parents felt they needed ad- 2002 national assessment of educational Presiding Officer so eloquently stated, ditional help for their children. progress showed fourth grade students The response to our program was why not look at some other programs in the District held the lowest scores overwhelming. The State received that are out there? A business that is for writing and tied with Los Angeles nearly 7,000 applications from Cleve- not doing very well starts to look at for the lowest score in reading. That land parents. More than half of the ap- itself saying: What are other things we means 27 percent of fourth graders in plicants were from households depend- could be doing? Let’s do some research the District scored below the basic ent on welfare, and half were from mi- and development. Let’s look at some level in writing, and 69 percent tested norities. It was evident from the sheer new ideas. Let’s try something else. below the basic level in reading. number of applicants that parents were I must tell you, as chairman of the What a dismal message on the state demanding options that the Cleveland Governmental Affairs subcommittee of education for the families who live Scholarship Program provided. with jurisdiction over the District of in the shining city on the hill, the Na- Today, the program has expanded. Columbia, I support this as one of tion’s Capital. What a terrible record Effective July 1, 2003, students who had many options. We need to expand our to send throughout the country and the previously received a scholarship are vision. Instead of putting on our blind- world. now eligible to receive a scholarship ers, let’s look at some other programs. We, in Congress, are obligated to do for grade 9 in the 2003–2004 school year. The legislation offers the positive step more to help the children in our Na- And beginning in the 2004–2005 school toward empowering parents in the Dis- tion’s Capital. I have often said that year, a student who received a scholar- trict by increasing their involvement the greatest thing one could do for ship in the 9th grade will be eligible to in their child’s education and offering their fellow human being is to help receive a scholarship in the 10th grade. them more choices. them fully develop their God-given tal- We are moving them along. Addition- Families in the District of Columbia ents so they can take care of them- ally, the scholarship amount has in- have limited opportunity for choice in selves, their families, and make a con- creased. The capped tuition for the their children’s education, and families tribution to society. We need to em- 2003–2004 school year is now $3,000. have wholeheartedly embraced school power families and children with more From its humble beginnings in 1996, choice. In 1996, the first charter schools than just additional funding. with 2,000 students, and total scholar- opened in the District. The 39 charter When I was first elected Governor of ships of $2.9 million, the program has schools operating in the District of Co- Ohio in 1990, I pledged to the people more than doubled its enrollment. lumbia only educate 1 in 7 children in that I would draw a line in the sand for Today it covers some 5,200 students. the District. That is 15 percent of the this generation of children in Ohio by Additionally, total scholarship students. Hundreds—hundreds—are on making their health education my ad- amounts have increased to almost $10 waiting lists. ministration’s top priority. As I look million. Additionally, the Washington Schol- back, I am proud of that record in Since 1998, Indiana University’s Cen- arship Fund, a private, nonprofit orga- Ohio. When I left the Governor’s man- ter for Evaluation has been conducting nization, that provides scholarships for sion in 1998 for the Senate, Ohio led the longitudinal studies regarding the economically disadvantaged families, Nation in State funding for Head Start. Cleveland Scholarship Program. So we received over 7,500 applications for 1,000 Every eligible child whose parents have been watching it. We put the available scholarships. It is clear that wanted them in a Head Start Program, money out so we could watch how this the parents of children in the District early education had a place for them. thing has progressed. of Columbia want more options.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11950 CONGRESSIONAL RECORD — SENATE September 25, 2003 When I came to the Senate, I said I ingly recognized the need for the Fed- a librarian. I went out there to one of would not mandate a scholarship pro- eral Government to serve as the State their practices. He almost picked me gram on any jurisdiction; they had to for the District, a necessity consid- up, and he looked at me and said: Are want it. It is clear to me that the Dis- ering the unique relationship between you Mrs. Voinovich’s son? trict of Columbia wants this. And it is the District of Columbia and the Fed- I said: Yes, I am. just as clear that the District is within eral Government. And he talked about the wonderful the responsibility of the Congress. For example, just 4 years ago, I was experience he had at St. Aloysius and They are our responsibility. We are not the chief sponsor in the Senate of the the difference it made in his life so he mandating every school district in DC Tuition Assistance Grant Program, could go on to high school and get a America. We are increasing options for which was enacted in 1999. This pro- scholarship to play football. families in the District of Columbia. gram provides grants for students grad- This is what we are talking about. Some would contend this is going to uating from DC high schools to attend Why anyone would deny a student in be running throughout the United public universities and colleges nation- the District the opportunity that stu- States of America. We are concen- wide at in-State tuition rates. In other dents have had in the city of Cleveland trating our attention on our responsi- words, we put the students in the Dis- and other places throughout the United bility: the city on the hill, the Nation’s trict in the same position as if they States is simply beyond me. It is not Capital—our responsibility. And we are lived in the State of Tennessee or the the end of the world, if this is adopted. saying we want to give the parents of State of Ohio. There is a subsidy by the That is ridiculous. This is a small ex- those children more options. State so they could go on and get high- periment to give people an option in The most important thing is that er education. their children’s education. this proposal for fiscal year 2004 has It also provides smaller grants for Over the years it was argued that the been drafted in consultation with and students to attend private institutions Cleveland scholarship program was un- has the approval of Mayor Anthony in the DC metropolitan area and pri- constitutional. I argued it was con- Williams—I have talked to him about vate historically black colleges and stitutional. I am not going to make it; he is passionate about it—Council universities nationwide. So we have ex- that argument because the Presiding Member Kevin Chavous, chair of the panded it beyond just public. We now Officer made it in his presentation just Council’s Committee of Education, Li- have private and historically black col- before me, in terms of kids having braries, and Recreation; and Ms. Peggy leges included. This program has been money. The money goes to them, and Cooper Cafritz, president of the DC enormously successful. then they can go wherever they want Board of Education. They are for this. There is one final point I would like to go. That is in the American tradi- They want this for their children. They to discuss. Critics of scholarships argue tion. That is how thousands of Ameri- are asking us for it. that scholarships are ways for private cans got their college education The bill also contains $13 million for schools, especially religious schools, to through the GI bill. The Supreme charter schools and $13 million for pub- get rich quick. Incredible, just incred- Court, on June 27, 2002, upheld the lic schools to assist them with require- ible. It is not true. As my colleagues Cleveland scholarship program. When ments under No Child Left Behind for may know, tuition for a student does they did that, I labeled it a victory for teacher recruitment, training, and not cover the full cost of educating a hope. We have seen wonderful successes similar programs. Combined, the funds child. The difference currently is made in Cleveland of children excelling in for these three programs represent the up by private donations. school, when the doors of opportunity largest Federal contribution to the Many schools in the District run by were opened and parents could choose District of Columbia in the history of the Archdiocese of Washington are to offer what they believed is the best this country. struggling financially and would not be education. I believe all families deserve Unfortunately, the debate is not fo- able to support a large influx of stu- those options. I urge my colleagues to cused on the $39 million in new funds dents. The Archdiocese estimates need- support this legislation for the families for the District. Oh, no. It is on the $13 ing an additional $5 million in the first in our Nation’s capital. million being considered for the schol- year alone, should the Archdiocese fill The PRESIDING OFFICER. The Sen- arships. The proposed scholarship pro- all open seats in their schools with stu- ator from Illinois. gram would be authorized for 5 years, dents on scholarships. It basically Mr. DURBIN. Mr. President, as a giving Congress the opportunity to means, if they opened their doors and member of the DC Appropriations Sub- monitor and evaluate the progress of took advantage of the scholarship pro- committee, I thank Senator DEWINE schools and students—5 years. Let’s gram, for them to do that, they would and Senator LANDRIEU and their staffs watch it, just as we did in Cleveland have to go out and find $5 million for their hard work on this important with the longitudinal studies. Let’s see someplace in order to educate these legislation. how it works out. It would be overseen children. This is never an easy bill. I have been by the District of Columbia and the It is the same thing in the city of ranking member of this subcommittee U.S. Secretary of Education. Cleveland, with our nonpublic schools. in years gone by. It appears every Sen- Finally, it is a scholarship program We have hundreds of low-income kids ator or Congressman, whoever in their that will help the neediest families in who are not Catholic who are attending weakest moment or wildest dreams the District, the ones about whom the Catholic schools. My mother was a vol- wanted to be a mayor or a member of Presiding Officer so eloquently spoke. unteer librarian at one of them where a city council, decides they can play Eligible students are children attend- 70 percent of the kids were non-Catho- the role when it comes to the DC ap- ing low-performing public schools and lic. There was not any proselytizing propriations bill. Thank goodness for whose household incomes do not exceed going on. Delegate ELEANOR HOLMES NORTON who 200 percent of the poverty level. We are The reason they opened their doors is has stood fast year after weary year, talking about a relatively small num- they believed in the two great com- beating off every assault on home rule ber of students. I think it is something mandments—love of God and love of with some success and a few setbacks. like 2,000 students who would be eligi- fellow man. They believed the best way But this bill is a tough one. It is always ble for the program. they could witness their faith is by a tough one. I would like to stress to my col- reaching out and making a difference Members of Congress will do on this leagues that this is all new Federal in the lives of these children, devel- bill what they wouldn’t dare do in their money for students in the District of oping their God-given talents so they own districts or State. They will force Columbia. Let me repeat: This is all can take care of themselves and their on the District of Columbia things they new money. These scholarships are one families and make a contribution to so- would never even consider doing at piece of a larger proposal to address ciety. home. They think it is easy. This is an the educational needs in Washington, I will never forget one of those stu- area of America which, sadly, does not DC. dents was a player on the Ohio State have a vote in Congress nor in the Sen- Certainly there is a role for Congress football team. He was a big center. He ate. Frankly, they don’t have to an- to play. We in Congress have increas- went to the school where my mom was swer to the voters of the State. So

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11951 when it comes to experimenting and LINS has introduced bipartisan legisla- decision he made for the District of Co- doing what you would never suggest at tion designed to change that, which I lumbia is a departure from where the home, it is usually the DC appropria- hope we will have an opportunity to District of Columbia has been year tions bill that becomes that labora- consider during this session of Con- after year when this appropriations bill tory, that political playground. gress. has come up. For year after year the Senators DEWINE and LANDRIEU, with Senator DEWINE and Senator LAN- District of Columbia has said to Con- very few exceptions, have done their DRIEU have collaborated on producing a gress, respect home rule. Let us make level best to make certain this year’s thoughtful product. We owe them a our own decisions. Now this year they appropriations bill did not deteriorate debt of gratitude for tenaciously jug- have done 180 degrees. The Mayor has into that particular situation. I want gling municipal needs, amid Federal said: When it comes to our schools, to take a few minutes to underscore funding constraints. which is the responsibility of DC local that there is much in this District of I have been in their shoes as either government, we are going to allow the Columbia spending bill that merits our chairman or ranking member of the Federal Government—in this case the collective endorsement. District of Columbia Subcommittee Congress—to create a school scholar- As has been outlined, this bill pro- and was honored to serve. I quickly ship program, vouchers for private vides $545 million in Federal funds, the learned from that experience that schools. bulk of which will fund the District of while the DC spending bill is tech- DC could have done this on their Columbia Courts, Defender Services, nically the smallest of the 13 appro- own. They could have done it over the and the Court Services and Offender priations bills we consider each year, it years. They didn’t. There was a reason Supervision Agency, CSOSA, for the usually is among the more contentious they didn’t. It isn’t that they didn’t District of Columbia. ones. consider the possibility of vouchers for Since the enactment of the District The issue before us is the issue of private schools. They considered it and of Columbia Revitalization Act of 1997, school vouchers. It is not just another voted on it and overwhelmingly voted these three entities are funded entirely debate about another DC appropria- against it. The residents of the District by Federal appropriations. The Revi- tions measure. If this is adopted, it will of Columbia, in referendum, over- talization Act made substantial be the first time in the history of the whelmingly opposed vouchers for pri- changes in the financial relationship United States that the Federal Govern- vate education, overwhelmingly op- between the Federal Government and ment will pay for private school vouch- posed diverting public money from the District of Columbia and in man- ers in grades K through 12. public schools into private schools. agement of the DC government. This issue was brought up a few years That is what the people think about Under revitalization, the Federal ago when President Bush suggested the concept. Government’s cash contributions to sweeping reform of public education It isn’t confined to that concept. The the District budget were substantially and some of his allies said: Let’s put in Mayor’s own city council opposes this, reduced. In exchange, financial respon- school vouchers for private schools at and the elected members of the school sibility for several governmental func- the same time. board also oppose it. But the Mayor tions was transferred from the Dis- In the Senate we took a vote on that and the president of the school board trict’s budget to the Federal Govern- issue. If I am not mistaken, the vote support it. They have entered into this ment. was 41 in favor of school vouchers, 58 bargain with the Republicans to go for- This year additional resources are opposed. I raise that vote because it ward with a voucher program, the first being provided to the DC courts to in- will be of interest to see what happens federally funded diversion of public tegrate the 18 different computer sys- now when this issue goes beyond a na- funds from public schools to private tems that track offender and litigant tional program and is confined to the schools in the history of the United information. In addition, the bill pro- District of Columbia. I suspect many of States. vides an increase of $6.8 million over those who said ‘‘we don’t want school It is momentous. What is particu- the President’s budget request which vouchers in our State’’ are going to say larly noteworthy is that this measure will allow CSOSA to enhance its super- ‘‘but we will allow them to have school comes to us not after committee hear- vision of high-risk sex offenders, of- vouchers in the District of Columbia.’’ ings, deliberation, a markup process fenders with mental health problems, That is unfortunate. It reflects an atti- with amendments, but comes to us, and domestic violence offenders. tude toward the District of Columbia frankly, in a package in this appropria- In addition, the bill continues level which is not complimentary. Mayor tions bill which we are now changing funding for the DC resident tuition pro- Williams is here on the floor with Dele- with some drama on the floor of the gram, a very successful initiative Con- gate NORTON. I respect him very much. Senate even as I speak. gress established in 1999 which permits We agree on much more than we dis- Senator FEINSTEIN of California came DC high school graduates to attend out agree, though we disagree on this par- forward with an amendment. She had of State schools at in-State tuition ticular issue. He was treated with a made it clear in the Senate Appropria- rates. Faustian bargain. Here was the bargain tions Committee that she supported Among other items, the bill also pro- the Republicans offered to him. They the voucher plan for the District of Co- vides Federal funding for hospital bio- said: If we give you $13 million for your lumbia. Many of us pointed out in that terrorism preparedness; for security public schools that you had not antici- hearing some deficiencies in this plan. costs related to the presence of the pated and $13 million for your charter Understand, we were given this vouch- Federal Government in the District of schools that you had not anticipated, er program in the Appropriations Com- Columbia; for support of the Anacostia will you sit still for and embrace and mittee where we don’t usually enter- Waterfront Initiative; and for the Chil- endorse and help us pass the first feder- tain anything of that complexity—not dren’s National Medical Center. ally funded voucher program for pri- that it isn’t done, but it is done rare- It is important to recognize and em- vate schools in America? ly—and we were given it on a take-it- phasize that about 93 percent of the The District of Columbia struggles or-leave-it basis. As we considered funds contained in this bill—fully $7.43 with a lot of spending problems. There what was proposed to us, a lot of ques- billion, $6.33 billion in operating ex- are a lot of reasons for it I will not go tions were raised. penses plus $1.1 billion in capital out- into. I know he must have looked at Let me cite an example of one lay funds—are not Federal funds, but this long and hard and thought: This is amendment I offered in the Appropria- locally-generally revenue which must something I will have to agree to. To tions Committee to give an idea about be approved by Congress before the get $26 million for public schools and the mindset that is pushing this for- mayor can execute his budget and charter schools, I am going to support ward. I offered an amendment which begin spending these local funds. the Republican voucher program. said: You cannot give vouchers to a The District of Columbia does not That, unfortunately, was the decision private school—public money to a pri- enjoy autonomy over the local portion he made. I say ‘‘unfortunately’’ be- vate school—unless the teachers in the of its budget but must await a congres- cause my respect for him has not di- private school receiving the voucher sional imprimatur. Senator SUSAN COL- minished, but I am concerned that the money have a college degree and the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11952 CONGRESSIONAL RECORD — SENATE September 25, 2003 school physically complies with the Let me tell you what else is deficient teach and where, frankly, the teachers life, health, and safety code of the Dis- in the Feinstein amendment. The don’t have the background to even con- trict of Columbia. amendment falls short of the require- sider teaching. That seems fairly reasonable for my ments that we all voted and imposed What happens to that student after colleagues who have voted for No Child on public schools in America, where we one bad year in this experiment? Can Left Behind. Remember the President’s said it is not enough to have a college they catch up? It is possible but more program? The President not only re- degree. We said in public schools we are difficult. Now give them a second bad quired college degrees for teachers, but going to require not only a bachelor’s year. imposed even higher standards of ex- degree, but certification of ability to This is an experiment with the lives cellence over the years. So to require a teach, and particularly ‘‘subject area of students. To think that a child can college degree at the private schools mastery.’’ What does that mean? If you have a bad experience in the fourth where we are sending public tax dollars want to stand in front of a high school grade and fifth grade and then catch up is not a huge leap or a radical idea. It class and teach chemistry, you must in the sixth grade may be wishful is consistent with what the over- demonstrate that you have taken the thinking. Some students are struggling whelming majority of the Senate said appropriate amount of training in col- with challenges that I never had and would be the minimum standard for lege to teach chemistry. Our under- that my kids, thank goodness, never public schools in America. To say that standing is that all of the statistics faced. To put them in this experi- any private school that is supported show that when the teacher in front of mental atmosphere where teachers are with public taxpayer dollars has to be the classroom has not studied the sub- not required to have the same basic safe for the children—fire escapes, and ject, is merely reading a chapter ahead minimum qualifications as teachers in alarms, the appropriate exit doors, and to stay ahead of the children, the stu- public schools is a disservice to those the like—it seems to me is just com- dents don’t learn much. So we have children and their families. mon sense. I am sorry to report to my said for public schools across America, We hear about experiments taking colleagues that amendment was de- this is our minimum standard—a col- place in other places, such as Cleveland feated. lege degree, bachelor’s degree, certifi- and Milwaukee. We read about one in Senator FEINSTEIN and the Repub- cation, and evidence of mastery of the the Washington Post the other day, licans who support this DC voucher bill subject. where a convicted rapist, a fellow, opposed my amendment which would It means in some of my schools in Il- started Alex’s Academics of Excel- have required a college degree of teach- linois that they are saying we know lence. He received $2.8 million from the ers at the private schools and would you have taught biology for many State of Wisconsin. It turned out that have required that those schools com- years and you are good at it, but you the students were not getting the kind ply with the life, health, and safety don’t have the requisite number of col- of education they deserved there. They code of the District of Columbia. I lege degree hours to meet President said it was very difficult for anybody might add something. Per capita, the Bush’s requirements of No Child Left to say no to someone who opened a District of Columbia has the largest Behind. You have to take biology class- school and said they were going to number of charter schools, which are es in college to meet President Bush’s abide by all of the requirements of the exceptions to the traditional public minimum requirements for public law. That experiment failed, but it school system, of any place in the schools. didn’t just fail for those who wrote the United States. And even in the DC Turn the page to this debate. In this law, it failed for those kids and their charter schools there is a requirement debate, we hear from Senator FEIN- families. that teachers at these charter schools STEIN and supporters of the DC voucher Why would we say, if there is going have a college degree. program that we are not going to hold to be a DC voucher program, that the When I offered the amendment in the teachers in the private schools re- teachers in private schools wouldn’t at committee, you should have heard the ceiving Federal tax dollars to the same least meet the standards we require of debate. I actually heard my colleagues standards as teachers in the public teachers in public schools? Sadly, the say: Senator DURBIN, you don’t under- schools in the District of Columbia. Feinstein amendment doesn’t do that. stand. These private schools are going Something is wrong with this picture. That may have been her intent, but I to be experimental. We are going to try Either we were mistaken in imposing am afraid she didn’t quite reach it in innovative approaches. the standard on public education, or terms of satisfying that need. One Senator said that would rule out they are lax and deficient in not re- There is another point that concerns home schooling. Home schooling? Is quiring the same standards of teachers me, too, and that is testing. If this is to that what DC vouchers are about? It in private schools in the District of Co- be legitimate and honest, you would strikes me as odd that we would want lumbia where these children are going have to take the students who are in to engage in an experiment in private to go to school. private schools and test them with ex- schools with standards far lower than Some of them have said this is just actly the same tests students in public what we are demanding of our public an experiment, and we are just going to schools take. Then you could at least schools. I have to add, too, that Sen- see what happens. I can recall when my compare progress. These students may ator FEINSTEIN’s effort to correct that own kids were growing up and the be somewhat self-selected because they problem, I don’t believe, has been suc- school year started. After a few weeks, decided to go to a private school. At cessful. you get to meet the teacher. Before the end of the day, you ought to be Let me give an example. In this that, you may have said to your son or able to compare test scores, in fairness, amendment Senator FEINSTEIN offers, daughter, how are things going? They to not only the private schools but to which is presently before us, there is a might say: Oh, I really like this teach- the public schools. section on teacher quality. In describ- er, or I am not getting along with the Listen to what the Feinstein amend- ing it, she stated that all teachers in teacher. And you thought to yourself, I ment says. It says: Student assess- the schools receiving voucher funds am going to work with my son or ments are not a requirement imposed must have a college degree. That is not daughter and talk to the teacher and on the school; rather, it is placed on what the amendment says. What it try to make things right. But there is the fund recipient—a very unusual al- says is that only those teachers who a real possibility that students in some location of responsibility—the fund re- teach the students on vouchers need a schools, public and private, can be cipient that administers the voucher college degree. So this means, frankly, thrust into a situation where they not payout. I don’t understand why the a school could put all of the students only have a bad year, they have two schools don’t have this requirement. on vouchers in one classroom with a straight bad years—bad years with The amendment goes on to say that teacher with an associate’s degree, teachers who are not up to the aca- the tests for voucher students must be which is a college degree. So I don’t be- demic levels that we should require. the ‘‘same as’’ school year 2003–2004. In lieve it was very carefully drawn. It The experiment may fail for those stu- a way that seems to answer my chal- doesn’t meet the minimum standards dents. They may be in classrooms lenge that the same tests be adminis- we expect of schools in America. where the teachers are not ready to tered in the private schools as in the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11953 public schools. But read it more close- ping on the toes of some of my friends, middle income are struggling to keep ly. If these are the same tests as re- I think the Mayor is on the right path. it together and then, like a mirage or quired in school years 2003 and 2004, The reason I say it is this: Many of the an oasis, one will see the public school consider that this is proposed as a 5- people who are supporting voucher pro- where over the last several years the year program. So what this means is grams have given up on public edu- Chicago public school system has dedi- that all of the students in all grades cation, for a variety of reasons. For cated dramatic amounts of money to would have to be tested as required by some political reasons, they believe the renovate these schools and bring them No Child Left Behind for public teachers’ unions support Democrats back to a source of pride in the com- schools. Why? Because the require- and they are going to go after public munity. ments for testing in No Child Left Be- education and they are going to fight No graffiti will be seen on the walls hind take effect and change each year. the teachers’ unions. Others have said, of the school. Flowers will be seen So what Senator FEINSTEIN set up as just look at the results. Some of the planted outside and the people in this a standard is a testing for this year public schools are not very good. neighborhood point to that public only, instead of just saying pointblank Therefore, there should be an alter- school with pride, because the mayor the students in these schools will be native. was proud of those schools and because tested with the same frequency and the If one takes an honest approach to the people in the neighborhood are, same tests as No Child Left Behind, she this, the first obligation of elected offi- too. has instead said only one year’s testing cials in this country is to the system of If that mayor or any mayor had said standards, 2003–2004. education which built America and the these public schools are a failure, we For example, by 2007, there will be a system of education which serves more are walking away from them, then science assessment required under No than 90 percent of America’s school frankly it would have created a nega- Child Left Behind. So public schools children, and that is the public school tive environment. We need a positive across America will be taking tests in- system. environment for education. Moving to dicating competency in science. Under I say to the Mayor of Washington, this voucher plan, without adequate the Feinstein amendment, they do not who has joined us today, and all those hearing, without the consideration of have to worry about that. They are who are following the debate, do not the options that are available to us, only held to the standard of 2003–2004. give up on public education. Things are frankly is a move in the wrong direc- There is no duty in this law, as we happening that are positive in the Dis- tion. read it, to report the findings of those trict of Columbia. Frankly, I think I also say to my colleagues that as I tests publicly, even to the parents, they have been ignored and played read through this bill, they must, I only to the Secretary of Education. down and there has been a disservice hope, acknowledge the fact there are several things that could happen they Why not? Where I live, the State of Illi- by some of the rhetoric we have heard do not anticipate. For example, there nois—the State of Ohio and other about DC public schools. is no prohibition in this bill that the States—school test scores are reported There are good things happening: 1,000 to 2,0000 vouchers that are cre- publicly so the parents know, tax- Charter schools and transformational ated, whatever number they turn out payers know, whether the schools are schools, big changes that are moving in to be, will all be given to children who performing. The Feinstein amendment the right direction. I ask the Mayor, are already in private schools. There is does not require this. before he gives up on the public school no prohibition against that. Though Now here is another thing I find curi- system and says we have to have they start with a premise and a goal of ous. The Feinstein amendment requires vouchers, that there is no other way moving kids from lower performing the comparison made for those stu- but to take public tax funds and send public schools to higher performing dents tested must include testing not them to private schools, before he gives private schools, in fact the testing is just students still in public schools and up on public education, come to Chi- not there for comparison. students who are now in private cago. Come and look at what has hap- Second, there is no requirement that schools being funded with public funds, pened there. In our Chicago public the family of the student receiving the under vouchers, but also a third class, school system, we have 95 percent mi- voucher actually bring the student those students who applied for vouch- nority students and 85 percent students from a public school to a private ers and were rejected. So we have a under the poverty level. Yet in a rather school. This could end up diverting a third category of students who are brief period of time we have seen dra- substantial amount of money to stu- going to be a control group for testing. matic increases in test scores because dents, and their families, already en- I do not quite understand this, but I the mayor of the city of Chicago as- rolled in private schools. Like it or do think the concept is at least sumed a personal responsibility for the not, the bill is inartfully drawn, and challengeable, because there is no public school system, brought in some having been so poorly drawn, that doubt in my mind that the private of the most talented people he could could be the outcome. So they will not schools are not going to rush to accept find, challenged the parents, the teach- be proving much of a case there, will students who are going to be problem ers, the principals, and the students to they, if students are already in the pri- students and challenging students. So do a better job and got the results to vate schools? there will be the rejected students hav- show for it. I can go on for some time about the ing been controlled out into a cherry- My colleagues do not have to give up experiments with vouchers in private picked group being tested separately. on public education. They do not have schools. I want to close, because I see It is possible these students are like- to say there is no alternative but to let Senator KENNEDY is in the Chamber ly to test worse. The private schools kids escape public education and go to and I imagine he would like to make a did not want to take them in because private schools. There is a lot more comment on this bill. If he does, he is they are going to be held accountable that can be done. It takes some hard- certainly welcome to. for some 2003–2004 tests. Why the Sen- nosed, tough-minded leadership, but I I will close my comments on the ator has decided to include this, I do think the Mayor may be on the right Feinstein amendment by urging my not know. path in what he said this morning. He colleagues to oppose it. Senator FEIN- So when we look at this bill overall is willing to accept more of this re- STEIN has identified the problem. She and consider the elements in it, I am sponsibility personally and maybe that has not identified solutions, not good afraid Senator FEINSTEIN’s attempt to is what is necessary. solutions, not solutions that are wor- correct the problems does not quite The Chicago experience tells me it thy of the first-ever program in the solve the problem. We still have some has been a good experience. When the history of the United States to divert major deficiencies in this bill. mayor had the power and the responsi- funds from public schools to private What bothers me, too, I read in the bility, good things happened. Come schools under a voucher program. paper this morning that the Mayor has with me to the city of Chicago and From my point of view, private said he wants new authority over edu- take a drive through many tough parts schools in many communities add a lot cation in the public schools of the Dis- of that great part of town. Homes will to education. I am not an enemy of pri- trict of Columbia. At the risk of step- be found where people in the lower and vate education. I am a product of

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11954 CONGRESSIONAL RECORD — SENATE September 25, 2003 Catholic education. My wife and I both Somehow, my colleague seems to going to offer will take the $13 million attended Catholic schools, as did our know—I don’t know how, but he seems out of the school voucher program and children. But we understood our re- to know how this program started. divide it equally among the public and sponsibility. Our responsibility was Somehow he seems to know in his wis- charter schools. The money goes back first to pay our public property taxes, dom that this program was some sort into public and charter schools, so they to support public education, and then if of bargain deal. The House Republicans will end up with about $20 million each, we chose, for religious reasons or what- came to the Mayor and said: Mayor, instead of $13 million. ever reasons, to send our children to a here’s the deal. Mr. DEWINE. In response, I have not Catholic school, we accepted the finan- It is a funny thing. The Mayor, under seen the amendment of my colleague. cial responsibility of paying tuition. It the rules of the Senate, cannot come Mr. DURBIN. I thank him for ac- was a sacrifice for many families. I down here and speak. But if someone knowledging that. think they add a lot. would happen to ask the Mayor, not on Second, I ask my friend and col- I think we should take care here. We the floor—you can’t do that; that is league from Ohio if he is aware the Ex- are creating a new system in the Dis- against the rules, but if someone some- ecutive Office of the President released trict of Columbia, and there are few day would happen to ask the Mayor a Statement of Administration Policy protections and safeguards, if any, to what the truth is, what the Mayor on September 24. In reference to this stop the possibility that at some point would say is that is not true, and this particular program it said as follows: after we have passed this bill that some was the Mayor’s idea; that the Mayor The administration is pleased the com- group will decide to open up a private and his people said they wanted. This mittee bill puts $13 million for the Presi- school and draw in hundreds of thou- is the program we want. We want a bal- dent’s School Choice Incentive Fund Initia- sands of dollars of public taxpayer anced program because what we want tive. . . . funds and the teachers in those schools is a choice for the children and the It doesn’t refer to Mayor Williams’ may not have college degrees, only as- families of the District of Columbia. School Choice Incentive Fund Initia- sociate degrees, the testing in those We want a balanced program. tive. schools may not match what is going Yes, we want more assistance for the Mr. DEWINE. In respond to my col- on in the public schools, and the public schools—and the Mayor has a league, we all like to take credit for schools will be allowed to discriminate consistent record of trying to get more many things. I am sure the President is against students for such things as dis- money for the public schools of the taking credit for this. I am sure I will abilities where they will not allow any District of Columbia, and he is not probably take credit for it, too, if it children in who have any kind of learn- bashful about that. He should not be passes. There will be many fathers and ing disability or any physical or men- bashful about it. And he is proud about mothers of this program. tal disability, which would be allowed, it. Yes, he wants more money to create All I know is what the Mayor will incidentally, under this proposal. more charter schools. Everyone who tell us. The Mayor will say this is a Is that what we want to see happen? will vote on this bill needs to under- program he put together. Is that what should be the first test stand when the issue comes, when Sen- What I would emphasize to my col- case of this experiment in the voucher ator DURBIN tries to strike the money, league is that this is a program that program? I think not. I urge my col- what you will be striking is $13 million the Mayor says is a balanced program. leagues to oppose this amendment. I which will create more charter schools, I will quote from a letter the Mayor urge them to think long and hard that four or five more charter schools in the has sent to me. I ask unanimous con- if they voted against vouchers for their District of Columbia. Everyone needs sent to have this letter printed in the States, why is it now we are making an to understand that. RECORD. exception because the case in point in- The Mayor is proud of the fact that There being no objection, the mate- volves the District of Columbia? the District of Columbia has created rial was ordered to be printed in the These students and their families de- RECORD, as follows: serve the same respect as the students more charter schools. I must say my Washington, DC, September 11, 2003 and families in all of our States, and I colleague, Senator LANDRIEU, has been integrally involved in creating those Hon. MIKE DEWINE, urge my colleagues to keep that in Chairman, Senate Committee on Appropriations, mind as we consider this important charter schools. It is something she cares passionately about. Subcommittee on the District of Columbia, legislation. Washington, DC. Mr. DURBIN. Will my colleague yield I yield the floor. DEAR CHAIRMAN DEWINE: Thank you for The PRESIDING OFFICER. The Sen- for a question? your leadership on the District of Columbia’s ator from Ohio. Mr. DEWINE. If I may finish the FY 2004 Appropriations bill. By any measure, Mr. DEWINE. Mr. President, my thought and then I will yield. it is a great bill for the city. In particular, I friend and colleague from Illinois has The Mayor also said: I want more am grateful for your support for the District once again demonstrated why he is money for my public schools. I want to of Columbia School Improvement Initiative, known as certainly one of the best, if continue to improve them. I want more which will help us advance the important school reform efforts underway. Certainly, not the best, debater in the Senate. He money for the charter schools. We are proud of what we are doing in that the private school scholarship element has does an absolutely excellent job. I al- generated significant debate, and I hope that ways enjoy debating with him. I thank area. And third, I want to create the I have made the case to your colleagues that him for his contribution to this debate. voucher program. its passage is consonant with home rule and I know we will have the opportunity to So let’s clear that up. If anyone has will strengthen our public education system. continue to debate in the days ahead. any doubt about it, ask the Mayor. Go I, along with the Chair of the District My colleague from California, Sen- to the source. What the Mayor will say Council’s Education Committee, Kevin ator FEINSTEIN, will, in a moment, talk is: It was my idea. I am the one who Chavous, and the School Board President, about her amendment and will respond had the idea. My people put the pro- Peggy Cooper Cafritz, believe that we must gram together. We requested it. This is continue to do everything possible to to Senator DURBIN’s comments about strengthen our nation’s public schools. This her amendment. But I would like to what we want. is why, in addition to a private school schol- make a couple of comments first about I will be more than happy to yield, arship program, we have insisted on strong Senator DURBIN’s comments. not the floor, but for the purpose of federal financial support for both the Dis- My colleague from Illinois talked conversation with my colleague. trict of Columbia Public Schools (DCPS) and about where this plan came from. I Mr. DURBIN. I thank my colleague the public charter schools. talked earlier about the fact that it is from Ohio. Since becoming Mayor, I have overseen an a three-pronged program. That is what I would like to ask through the increase in the public education budget by I like about it. I happen to like the fact Chair, I certainly will be ready to yield more than 50 percent. This demonstrates my that a third of the money goes to the whenever he would like to ask me a commitment to public schools as tremen- dously important institutions in our city. public schools, a third of the money question because I think this is an im- This increase has allowed our charter school goes to the charter schools, and a third portant part of the debate, but I ask movement to expand to 40 schools and has of the money goes to this new voucher my colleague if he is aware of two permitted us to launch the Transformation program. things. First, the amendment I am Schools Initiative in 15 DC public schools,

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11955 which we hope will revitalize our lowest-per- What the Mayor clearly is saying is that as same test for all 5 years. If the District forming schools. After consulting with edu- we improve our public schools, as we have should switch tests at some point in cation officials, however, I have concluded the charter schools, we need another alter- the 5-year duration of the program, we that these aggressive reforms, while prom- native for some of our students. ising, will take years to reach most of our need to continue giving the test to Let me quote again, if I could, from start with, which today in the District children. So, as these foundations expand the letter: and improve, I think it is prudent to look to is the Stanford 9 test. That is a norm- the assets provided by our private schools, at The proposed scholarship initiative will referenced test which is given all over least for a limited period of time. not drain resources from our public school the country, and it would preserve the The proposed scholarship initiative will system. I have agreed to hold the public evaluation. The use of the same exact schools harmless from any loss of local fund- not drain resources from our public school test for all 5 years is critical to be able system. I have agreed to hold the public ing arising from students’ enrollments in schools harmless from any loss of local fund- private schools through the federally funded to compare apples to apples. If the Dis- ing arising from students’ enrollments in scholarship program. Moreover, because trict changes tests during these 5 private schools through the federally funded Title I funding is based largely on census years, you have a false comparison; scholarship program. Moreover, because data, we do not anticipate that DC will lose you have apples to oranges. That is the Title I funding is based largely on census significant federal funding as a result of this reason the language is as it is. data, we do not anticipate that DC will lose program. Thus, under the scholarship initia- Mr. DURBIN. Will the Senator yield significant federal funding as a result of this tive, our public schools will receive the same for a question? program. Thus, under the scholarship initia- amount of funds as they otherwise would Mrs. FEINSTEIN. May I finish? tive, our public schools will receive the same have, in order to educate fewer students. Any parent applying for this scholar- amount of funds as they otherwise would Let me quote another part of the let- have, in order to educate fewer students. ship must agree that their child will Since our city began to debate the issue of ter: take the Stanford 9 test for all 5 years expanded school choice, there has been spec- This initiative was designed by District regardless of whether they receive a ulation that this initiative will have an im- leadership for District residents and is not scholarship or not. pact far beyond the borders of Washington, being imposed on the District from outside, Let me tell you what this is all DC. Some say that what we do in the Dis- as some would have you believe. As mayor, I about. I recognize the Senator doesn’t am trying to make the best choices for the trict will affect national education policy like it. That is fine. He doesn’t have to and the likelihood of pilot programs in other residents of this city. . . . In this regard, I cities. For me, however, the issue of vouch- believe it is appropriate for the federal gov- vote for it. But what this is all about is ers is more localized. ernment to act on behalf of the nation’s cap- that 76 percent of DC fourth graders This initiative was designed by District ital when the local mayor and school board performed below basic in math, and leadership for District residents and is not president seek assistance. only 10 percent read proficiently. Only being imposed on the District from outside, At this point, before I yield to my 12 percent of eighth graders read pro- as some would have you believe. As mayor, I colleague, I ask for the yeas and nays. ficiently. am trying to make the best choices for the residents of this city, and without a state The PRESIDING OFFICER. Is there a That is what this is all about—to see government to which, under normal cir- sufficient second? if, by learning some of the basics, these cumstances, I would make this request. In Mr. CARPER. Will the Senator make children have a better start in edu- this regard, I believe it is appropriate for the the request again? cation in a different model, in a dif- federal government to act on behalf of the The PRESIDING OFFICER. The Sen- ferent setting, with a different struc- nation’s capital when the local mayor and ator has requested the yeas and nays. ture than currently exists in public school board president seek assistance. Mr. DURBIN. Parliamentary inquiry. education. It may work. It may not You have been a strong supporter of the The PRESIDING OFFICER. The Sen- District of Columbia and of our aspirations work. But these are all poor children. for self-government. Our city continues to ator will withhold. They are all in failing schools. Why not improve in many ways. I hope we can count The question is on the call for the give them a chance? on affirmative action from the Senate in yeas and nays. Is there a sufficient sec- I suppose you could fault it by say- support of the School Choice Improvement ond? ing, well, everyone who instructs one Initiative and the entire FY 2004 District of At the moment there is not a suffi- of these children in these schools Columbia Appropriations bill. cient second. should have more than a college de- Again, I thank you for the extraordinary The PRESIDING OFFICER. The Sen- gree. Sure. I would like to do it. I don’t leadership and commitment you have shown toward the District. I look forward to con- ator from California. know that we can condition the re- tinuing to work closely with you in taking Mrs. FEINSTEIN. Thank you very quirement in every private secular the necessary actions to support the District much, Mr. President. school or every private parochial of Columbia. I very much disagree with the posi- school that may accept one of these Sincerely, tion of the Senator from Illinois. I un- children. ANTHONY A. WILLIAMS, derstand this is something that is new. I took high school classes from nuns Mayor. I understand it is something being who didn’t have college degrees. And Mr. DEWINE. This is a letter dated tried. I understand it turns counter to guess what. I got into Stanford based September 11, 2003, to me as chairman a lot of what has been done in the edu- on what I learned in high school. So I of the Subcommittee on the District of cational establishment today. But that came to realize that these absolute re- Columbia, a two-page letter from doesn’t mean it shouldn’t be tried. quirements may be right if we are Mayor Williams to me. I wish to correct one point. I asked going into this on a permanent basis, I would like to quote a part of this the Mayor if he believed he got a but we are not; we are going into it on letter to my colleagues. This is the Faustian bargain. He said no, he didn’t. a temporary basis. This pilot gives us third paragraph: He said: As a matter of fact, I proposed an opportunity to see whether these Since becoming Mayor, I have overseen an the three-pronged asset portion of this. children progress better in different increase in the public education budget by In other words, one-third of the money settings. What is the difference if those more than 50 percent. This demonstrates my would be new money to the schools, different settings happen to be private commitment to public schools as tremen- one-third of the money would be new dously important institutions in our city. parochial, or they happen to be private This increase has allowed our charter school money to charter schools, and one- secular school settings? movement to expand to 40 schools and has third of the money would be new I cannot tell you how many parents permitted us to launch the Transformation money to try this special scholarship write to me and ask: Can you help me Schools Initiative in 15 DC public schools, program for poor children. get my child into a private school? which we hope will revitalize our lowest-per- I would like the RECORD to reflect Please help me. These are parents who forming schools. After consulting with edu- the rationale for the language in my have funds. What about the parents cation officials, however, I have concluded amendment on the testing. In order to who do not have funds? They don’t that these aggressive reforms, while prom- guarantee a valid and statistically reli- ising, will take years to reach most of our have a chance at this. All this does is children. So, as these foundations expand able evaluation, we are told it is vital give them that opportunity. and improve, I think it is prudent to look to that we have the scholarship student If you do not like it, don’t vote for it. the assets provided by our private schools, at and those students who applied for the That is easy. But some of us want to least for a limited period of time. scholarship but didn’t get it take the see what works and what doesn’t work.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11956 CONGRESSIONAL RECORD — SENATE September 25, 2003 They said the same thing to Oakland If the Senator had said here that you worked out in the education committee Mayor Jerry Brown about his idea to will comply with the No Child Left Be- after hearings and markup in the start a military school in Oakland. A hind Act testing requirement, it would amendment process. We are doing it on public military school? Horrors. The have been easy. But instead, you the fly, on the floor, creating the first school board voted it down. Fortu- picked one particular year, and I don’t private school voucher program in nately, the Mayor of Oakland is a per- think you reach the standard which America and discussing as we go. sistent personality. He went to the you have described to our colleagues. That is my concern. State and got a special charter to open Is that true or not? Mrs. FEINSTEIN. I appreciate the a military school so that youngsters Mrs. FEINSTEIN. What you have just Senator’s concern. from the deeply troubled socio- stated and what I have been told is If the Senator from Ohio agrees, I am economic areas in the city of Oakland that in order to have a fair test evalua- very happy to have my amendment would have a shot of going to college. tion and compare apples to apples, the modified to provide that the voucher Now they have 350 kids who are 3 years same test has to be used, which in the recipients and the students in the con- into the program, and they are testing District is the Stanford 9, for the 5- trol group be given the same test that as the second best middle school in year period. So that is the test now all District public schools students are Oakland. That is discipline. It is amaz- being given. If the District changes—I given. ing. Different models work for different think it is called a criterion-based With respect to this being done in the youngsters. test—and I gather the District is con- education committee, I probably agree, That is why I am supporting this ap- sidering changing them, this control except it would probably get bogged proach. group would still have to take the down one way. The reason it is in the Mr. DURBIN. Will the Senator yield Stanford 9 to see if they have pro- appropriations bill is because the for a question? gressed. Mayor has come to us and asked us for Mrs. FEINSTEIN. You might not find Now I am told if somebody says, I am the additional money. The additional the ‘‘i’’ dotted or the ‘‘t’’ crossed ex- happy to change it, I am told you can- money is what brought this on. Once actly the way you would like to have not get a fair test if we change it. the additional money was in the bill, the ‘‘i’’ dotted or the ‘‘t’’ crossed. Mr. DURBIN. If the Senator will then the terms of the money came to This isn’t a program that is national. yield the floor, I would like to ask this bear and the bill had to be written. It is not a program that is going to question. It is not easy. There are powerful exist for 50 years. It is a program that Does the Senator understand that by forces against it. People do not want to is going to be tried for 5 years. Either the year 2005 under No Child Left Be- try it. I do. I hope a majority want to poor children will do better or they hind, every public school in America, try it. We have tried to do the best we won’t. And the test is going to be— including the District of Columbia, will can. Mr. DURBIN. Will the Senator yield have to test every grade every year; Even more importantly, what has for a question? but in the current school year, schools been developed here is a relationship Mrs. FEINSTEIN. I don’t know are moving toward that goal. In the between the city and Members of this whether I want to yield to the Senator District of Columbia they are only Senate with this Mayor. I happen to re- or not. testing every other year. spect this Mayor. I am a taxpaying cit- Mr. DURBIN. Just say no. No is also It is not a question of changing the izen of this District. I have been so for an answer. test. I am asking the Senator from 10 years. I used to go down the street Mrs. FEINSTEIN. I beg your pardon? California, does she understand if we where there was a pothole so big some- Mr. DURBIN. No is an answer, if you stick to the 2003–2004 standard, she will body plugged it up with a mattress. I don’t want to answer. am very pleased to say, Mr. Mayor, Mrs. FEINSTEIN. I am thinking only be testing every other grade while that pothole is gone now. The District about it. every public school in the District of Mr. DURBIN. It is your prerogative. Columbia and across the Nation will be is in much better shape. People are Mrs. FEINSTEIN. Yes. I yield. moving to every grade, every year by coming back to the District. He wants Mr. DURBIN. I thank my friend and 2005? Her bill, her standards, will not this. colleague from California. be following that same assessment. The question was also raised, it is I have no doubt that she offered this Mrs. FEINSTEIN. As I understand it, easy to do it here. I am not in my own amendment—I say through the Chair— the Stanford 9 is a nationally norm-ref- jurisdiction. I tried to point out, the to address some of the concerns raised erenced test. It can certainly be given mayor of Oakland came to me in my in the committee. every year, and I believe the Mayor own jurisdiction to do something that I ask my friend from California to will agree to that. was a new model; I agreed to it. I am turn to page 2 of her amendment and If your question is, Are you saying going to look at new models and try to consider paragraph B on page 2. I will the students will be tested every other support them where I can, also support read it. It says: year instead of every year, what I am teachers, also support Title I, and also Use the same assessment every school year saying is we can use it every year. If support public education. used for school year 2003–2004 by the District you are saying we want the test to AMENDMENT NO. 1787 TO AMENDMENT NO. 1783, AS of Columbia public schools to assess the change in the middle of the test period, MODIFIED achievement of DC public school students. I am being told that will mess up any I ask the Member from Ohio if he I will ask the question, and then I fair evaluation. would be in agreement that we submit will sit down. Mr. DURBIN. Will the Senator yield? a modification and ask our amendment Mrs. FEINSTEIN. Fair enough. Mrs. FEINSTEIN. Yes. be modified to reflect that the test be Mr. DURBIN. Currently, the DC Pub- Mr. DURBIN. I am not suggesting given annually? lic School System, like many public changing the test. The same test Mr. DEWINE. I would certainly have school systems, is in transition under should be administered in a private no objection to that. It at best is am- the No Child Left Behind Act and the school as administered in a public biguous. It is always good to clarify. 2005 requirement that students be test- school. Mr. REID. Mr. President, may I di- ed every year. Currently, their public I am suggesting to the Senator, as rect a question to the Senator from school students are only tested every she has written this amendment, the Ohio? other year. 2003–2004 testing in the D.C. public The PRESIDING OFFICER (Mr. By establishing as a standard for the schools, her standard for 5 years only CRAPO). The Senator from California next 5 years for the District of Colum- tests every other grade. By 2005 every has the right to modify her amend- bia voucher program using the 2003– grade will be tested. It is not the sub- ment. However, to do so, she would 2004 assessments, the Senator is saying stantive test that is the issue. It is a have to send it to the desk. they will only be tested every other question of whether every grade will be Mrs. FEINSTEIN. I modify the year, while students in public schools tested every year. amendment on page 2, line 3, strike by the year 2005 have to be tested every The reason I raise this, and I hope ‘‘that are used for school year 2003– year. the Senator agrees, should have been 2004.’’

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11957 I send that modification to the desk. (The remarks of Mr. REID are printed The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- in today’s RECORD under ‘‘Morning A bill (H.R. 3161) to ratify the authority of ator has the right to make that modi- Business.’’) the Federal Trade Commission to establish a fication to her amendment. However, The PRESIDING OFFICER (Mr. do-not-call registry. she needs to send a modification to the SMITH). The Senator from Arizona. The Senate proceeded to consider the desk. f bill. Without objection, it is so ordered. The PRESIDING OFFICER. The Sen- DO-NOT-CALL REGISTRY The amendment will be so modified. ator from Arizona. The amendment (No. 1787), as modi- Mr. MCCAIN. Mr. President, I ask Mr. MCCAIN. Mr. President, does the fied, is as follows: unanimous consent that the Senate Senator from South Carolina care to On page 31, strike line 13 and all that fol- now proceed to the consideration of speak at this time? lows through page 32, line 2, and insert the H.R. 3161, the FTC’s ratification of au- Mr. President, I yield to the Senator following: thority for the Do Not Call Registry, from South Carolina. (c) STUDENT ASSESSMENTS.—The Secretary under the following conditions: 45 min- The PRESIDING OFFICER. The Sen- may not approve an application from an eli- utes under the control of the chairman ator from South Carolina is recognized. gible entity for a grant under this title un- of the Commerce Committee or his des- Mr. HOLLINGS. Mr. President, mar- less the eligible entity’s application— ignee, and 45 minutes under the control keters assault Americans’ privacy (1) ensures that the eligible entity will— (A) assess the academic achievement of all of the ranking member or his designee; every day. Businesses track everything participating eligible students; of the time under the control of the we buy and everything we do. It seems (B) use the same assessments every school ranking member, the following Sen- the marketers know more about our year that are used by the District of Colum- ators be recognized to speak for up to lives than we do ourselves. It is intru- bia Public Schools to assess the achievement 5 minutes each: Senators HOLLINGS, sive, and Americans want the tools to of District of Columbia public school stu- DORGAN, CONRAD, KOHL, PRYOR, SCHU- fight back. dents under section 1111(b)(3)(A) of the Ele- MER, and FEINSTEIN, with the remain- But those of us who work to protect mentary and Secondary Education Act of ing time under the control of the Americans’ privacy are thwarted every 1965 (20 U.S.C. 6311(b)(3)(A)), to assess partici- step of the way. The marketers oppose pating eligible students in the same grades Democratic leader or his designee; fur- as such public school students; ther, that no amendments be in order antispam legislation. The marketers (C) provide assessment results and other to the bill; and that upon the use or oppose decency limits on advertising to relevant information to the Secretary or to yielding back of time, the bill be read children. And the marketers oppose the entity conducting the evaluation under a third time and the Senate proceed to legislation that would allow Americans section 9 so that the Secretary or the entity, a vote on passage of the bill, with no to ‘‘opt-out’’ of the sharing of their respectively, can conduct an evaluation that intervening action or debate. personal information, including finan- shall include, but not be limited to, a com- The PRESIDING OFFICER. Is there cial records. parison of the academic achievement of par- The one success we have had is the ticipating eligible students in the assess- objection? ments described in this subsection to the The Senator from Nevada. Do Not Call list. The public’s vocif- achievement of— Mr. REID. Mr. President, reserving erous reaction to the court decision (i) students in the same grades in the Dis- the right to object, I only ask that the yesterday shows the country’s desire to trict of Columbia public schools; and ranking member, Senator HOLLINGS, be win refuge from the marketing on- (ii) the eligible students in the same grades given up to 10 minutes out of the 45 slaught. The public wants the Do Not in District of Columbia public schools who minutes under his control. Call registry. And the public wants the sought to participate in the scholarship pro- The PRESIDING OFFICER. Is there registry to become active next week. gram but were not selected; and objection to the modified request? We will make sure that happens. (D) disclose any personally identifiable in- formation only to the parents of the student Without objection, it is so ordered. But we have several Johnny-Come- to whom the information relates; and Mr. REID. Mr. President, I think ev- Latelys to our cause. When I was chair- (2) describes how the eligible entity will eryone should be advised that if all the man of the Commerce Committee last ensure that the parents of each student who time is used, we will vote at about 5:35 Congress, we worked with the FTC to applies for a scholarship under this title (re- on final passage of this most important create the Do Not Call Registry. But gardless of whether the student receives the legislation. we didn’t get much help from the other scholarship), and the parents of each student The PRESIDING OFFICER. The Sen- side. Instead we were unfairly criti- participating in the scholarship program ator from Arizona. cized by interest groups for jeopard- under this title, agree that the student will participate in the assessments used by the Mr. MCCAIN. Mr. President, I will be izing their funding. District of Columbia Public Schools to assess glad for the time to be 10 minutes for We fought to win $18 million for the the achievement of District of Columbia pub- Senator HOLLINGS, but I remind my registry in the omnibus appropriations lic school students under section 1111(b)(3)(A) friend from Nevada, Senator HOLLINGS bill last year. But the House wanted of the Elementary and Secondary Education will be controlling the time. So he will language that would prohibit using Act of 1965 (20 U.S.C. 6311(b)(3)(A)), for the be granting himself as much time as he that funding absent explicit Congres- period for which the student applied for or may use because the unanimous con- sional authorization. The House lan- received the scholarship, respectively. sent request is that the time will be guage could have stopped the registry. (d) INDEPENDENT EVALUATION.—The Sec- Again, it was an uphill battle, and we retary and Mayor of the District of Columbia under the control of the ranking mem- shall jointly select an independent entity to ber or his designee. had few allies. But we eventually got evaluate annually the performance of stu- Mr. REID. Mr. President, I say to my the bad language removed, giving the dents who received scholarships under the 5- friend from Arizona, Senator HOLLINGS FTC the funds to implement the Do year pilot program under this title, and shall is the ranking member, and the unani- Not Call Registry. make the evaluations public. The first eval- mous consent request does say that. Once the FTC opened the list to reg- uation shall be completed and made avail- However, he is going to speak and then istration, the response from the Amer- able not later than 9 months after the entity turn the time over to the ranking ican public was overwhelming. By yes- is selected pursuant to the preceding sen- member of the subcommittee, Senator terday, Americans had registered more tence. than 50 million phone numbers. South (e) TEACHER QUALITY.—Each teacher who DORGAN of North Dakota. instructs participating eligible students Mr. MCCAIN. Good. But I have al- Carolinians have registered 685,393 under the scholarship program shall possess ways proceeded under the assumption phone numbers—486,533 through the a college degree that Senator HOLLINGS can speak FTC Web site, 198,855 via phone, and 5 Mrs. FEINSTEIN. I yield the floor. whenever he wants to, for however long through hearing-impaired devices. The Mr. DEWINE. Mr. President, I ask for he wants to. I have found that it has marketers argued that Americans did the yeas and nays. improved our relationship. not want the Do Not Call list, but the The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without American public proved them wrong. sufficient second? objection, it is so ordered. Americans want this tool. They want There is a sufficient second. The PRESIDING OFFICER. The the assault on their privacy to stop. The yeas and nays were ordered. clerk will report the bill by title. Once news reports showed the Do Not

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11958 CONGRESSIONAL RECORD — SENATE September 25, 2003 Call Registry was popular, many con- some years on the State-Justice-Com- I understand the judge received so verted to the cause. And some of them merce Committee, where we have had many calls from irate Americans that are leading the charge today. We appre- difficulty over the years passing, for the FTC could not get through to the ciate their support now as we try to example, an FBI authorization bill. court regarding the Commission’s ap- overturn a clearly flawed court deci- I remember for a period of almost 20 peal. Clearly, the court’s decision was sion. years we had no authorization. We misguided. To prepare for compliance on October worked with the chairman of the Judi- The measure before us makes crystal 1, 2003, nearly 5,000 telemarketers have ciary Committee to make sure their clear that the Commission can and purchased all or parts of the list. wants were taken care of. But we pro- should proceed as planned with the Do Therefore, telemarketers acting in vided the bill; the same with respect to Not Call list. Earlier this year, in two good faith are ready to comply next State Department authorization. separate measures, Congress ratified week. So I would only admonish the distin- the FTC’s Do Not Call Registry by ex- A telemarketer that ignores the Do guished jurist who made this ruling plicitly providing for the Commission Not Call list is subject to an $11,000 fine about authorization that, yes, the Sen- to collect fees to pay for it. Today Con- for each call to a phone number on the ator from Arizona is jointly correct gress is once again saying, Do Not Call Registry. The law requires with respect to the rules of the Senate dispositively and unambiguously, that telemarketers to search the registry but not with respect to the Constitu- the FTC has the authority it needs to every 3 months and synchronize their tion. create a National Do Not Call list. call lists. Once you receive three readings in When the FTC proposed to create Once consumers register a number on the House and three readings in the this registry, I don’t think they or even the Do Not Call list, telemarketers are Senate, and it is signed by the Presi- Members of this body had any idea how prohibited from calling the number for dent of the United States, we have no strongly it would be embraced by a the purpose of selling goods and serv- doubt that law would take effect and public tired of having their precious ices. Consumers who receive sales calls this order of the court would be set leisure time filled with a seemingly in- after their number has been in the reg- aside. cessant string of telephone solicita- istry for three months can file a com- However, the triggering date is the tions. plaint on the FTC web site or call 1– first of October, next week, and so I I understand the FTC’s Web site for 888–382–1222. commend my House colleagues and registering on the Do Not Call list be- The Do Not Call list will not hurt those on the Senate side, and my chair- came the fastest growing Web site in charities seeking to raise money for man, Senator MCCAIN, in taking this history. worthy causes. Charities may still hire up at this particular time so we can go One of my favorite programs is professional telemarketers to seek do- ahead and take the House bill. ‘‘Seinfeld.’’ In one of the episodes that nations. But calls during which a char- There are many interested in sepa- has become famous in reruns, Jerry ity or telemarketer seeks to sell some- rate bills, and what have you. But right Seinfeld answers the phone and it is a thing are prohibited to phone numbers to the point, time is of the essence. telemarketer. He says: I am busy right on the Do Not Call Registry. Fifty million Americans cannot be now. Can I call you back at home? This Do Not Call Registry has been a wrong, they are all interested in stop- And of course the telemarketer says: long time in coming. We are going to ping the calls. No, you are not allowed to do that. You take the final step today. The court de- With that, let me yield, then, to the wouldn’t like that. Well, neither do I. cision yesterday may even have given distinguished chairman, and then to And he hung up the phone. the Do Not Call Registry more pub- Senator DORGAN, who will control the Obviously, the issue of telemarketing licity, encouraging even more people to time on the floor. involves the free enterprise system. register their phone numbers. I thank the chairman. Nothing in this legislation would in- Opponents of Americans’ privacy The PRESIDING OFFICER. The Sen- hibit their ability from practicing that, should take notice: Americans want ator from Arizona. but it also balances the right of private tools and choices, such as the Do Not Mr. MCCAIN. Mr. President, I yield citizens not to be disturbed if they Call Registry, to protect their precious myself such time as I may consume. choose not to be. time with their families. They also First of all, I thank Senator HOL- During a peak period, the FTC’s Web want to protect their private medical LINGS for all his efforts on this legisla- site received approximately 1,000 hits and financial information and protect tion. I think he was not a Member of per second. On the first day alone, 3.4 their children from indecent adver- the Senate when the Federal Trade million consumers visited the Web site. tising. We will keep fighting. Commission was created, but very In the first 10 days, 10 million phone Mr. President, let’s thank Chairman close to it, and he has been heavily in- numbers had been registered. Within Tim Muris of the Federal Trade Com- volved with all the issues surrounding the first month, the number had risen mission, who came to the Commerce the FTC and the good works they do. to 28 million—quite a remarkable evo- Committee last year. And we put in S. I will speak very briefly. I would like lution. To date, over 50 million phone 2946, the Do Not Call bill, with some $5 to thank Senator ENSIGN and Senator numbers have been registered, includ- million that was requested. Later on, FEINSTEIN, Senator DORGAN, Senator ing nearly 1.2 million in my State of we found there were well organized DEWINE, and many other Senators, but Arizona. holds, whereby we could not even get particularly those including the distin- Congress is often accused of being this bill up for consideration. Yes, we guished ranking member, Senator HOL- slow to respond. Thankfully, that reported it favorably from the Com- LINGS, for all their efforts regarding charge can’t be leveled here. Just a few merce Committee, but we could not get this legislation and, more importantly, hours ago the House passed this legis- it on the floor to pass it. And it was this issue. lation by a vote of 412 to 8. Whenever needed. Two days ago, a Federal district you see a number like that, you are al- Chairman Muris came to me and said court in Oklahoma issued an opinion ways curious who the eight are, but the he needed $15 million. I talked with that could stall the FTC’s implementa- curious decision of one court should Chairman GREGG earlier this year, and tion of a National Do Not Call Registry not be allowed to frustrate the clear in the omnibus bill, with the Federal scheduled to go into effect next will of Congress and the even clearer Trade Commission appropriations, we Wednesday. The court opined that the will of tens of millions of Americans. increased it to $18 million. We could FTC was not authorized to create a Do Obviously, we urge our colleagues to see the demand and see the interest Not Call Registry. I must say that support the measure, give consumers and see the need. So we did just that. opinion came as an amazing surprise to what they want by empowering them It is good that my distinguished those of us who have been involved in to say no to what they clearly do not chairman, the Senator from Arizona, is this issue, and served as a rallying cry want. on the Senate floor because the opposi- for tens of millions of Americans I thank all of my colleagues who tion was that it was not authorized. I households that have signed up for the have responded to the predictable but go right to my experience for over 30 registry. certainly overwhelming response to the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11959 court’s decision in the State of Okla- haps a second person is answering a portant industry making these tele- homa. That judge in the district court nanosecond later, no one will be on the phone calls, doing marketing. The an- will become well known to many Amer- line when they answer. That happens swer is, sure, it is. It employs people. icans as well. often. People should understand that We are not saying with this legislation I thank all my colleagues for coming comes from unsolicited phone calls that you cannot make unsolicited and speaking on this issue. I thank with computer banks making calls. phone calls. We are saying the Amer- them for their support. Although there One person answers; the other doesn’t ican people, however, have a right to is not a need for the yeas and nays, get an answer. That is what is hap- decide they don’t want to be part of it; some of our colleagues may want to be pening. It is enormously annoying. I don’t want to receive them. This is on record. So we may want to do so de- Do people have an inherent right to empowering the American people. pending on the desires of my friend make solicitation calls? Yes. But the If there are people, as I said, who are from North Dakota, a man who under- other question is, Do people who pay lonely, have no one to talk to, who sit stands the will of the populace espe- for their telephone service each month around all day with a desire to visit cially where telecommunications have a right to put their name on a with somebody, if they want to get issues are concerned. registry saying: I really don’t want these phone calls, God bless them. Let I reserve the remainder of my time. these calls; don’t have them come into them get the phone calls, let them get The PRESIDING OFFICER. The Sen- my telephone instrument; I pay for the the credit cards and sign up for mul- ator from North Dakota. instrument and I don’t want to be an- tiple long-distance services, and let Mr. DORGAN. Mr. President, I com- noyed and I don’t want to be inter- them visit until they are visited out. I pliment my colleagues, Senator rupted by them? Do people have that assume there are a few of those people. MCCAIN and Senator HOLLINGS. This is right? Of course, they do. That is what But in most cases the American people an important issue, one we believed we this issue is about. are saying: Put my name on the list. I had previously resolved only to learn As chairman of the Subcommittee on don’t want to be interrupted. I don’t that a court ruled that the Do Not Call Consumer Affairs in the Commerce want unsolicited phone calls, espe- list developed by the Federal Trade Committee last year, I held hearings cially during mealtime. Commission was ‘‘not authorized.’’ on this. At one of the reauthorization There is this peculiar quality of this Most of us in Congress and the Sen- hearings for the FTC, we had an entire industry to call only when dinner or ate are surprised by that. Clearly, we panel devoted to the discussion of a do supper is ready. Lord only knows how authorized that. But if a court needs not call registry. We had a hearing in that occurs, but it does. So today we another authorization, it is something which the Federal Trade Commission have said we are going to authorize we can certainly do on a Thursday came up, the Commissioners them- this explicitly once again, so that this afternoon at 4:15. So this will be done selves, and talked to us about this Do Not Call list will not be inter- with the support of many colleagues, issue. I had a member of the Federal rupted. People whose names are on Trade Commission come to Fargo, ND. and I am pleased to say that this is that list will be assured they will not We held a public hearing there on this good public policy. receive unsolicited calls. subject. This is not a foreign or strange Let me make a couple of comments I say to my colleague, Senator EN- subject to me nor to most of my col- about the substance. There may be SIGN, I know he is working on this issue some people who are terribly lonely leagues. As a result of that, we took and has introduced legislation, and my action in reauthorizing the Federal and whose phone seldom rings except colleague, Senator FEINSTEIN, and oth- Trade Commission to include funding to have an advertiser of a credit card ers—again, we have worked hard on to allow them to put together a Do Not or a long-distance service call during this in the Commerce Committee, meal time just wanting to visit about Call Registry. If you wonder whether the American going back to last July—July 17, at the their product. There may be some peo- reauthorization hearing I chaired. I ple who welcome those calls, just talk people care about this, just remember these numbers. They put together a Do will not go through all the negotia- the ear off these telemarketers. I can’t tions that went on with appropriations say that for sure, but this country is Not Call Registry and said to the peo- ple: If you think these unsolicited tele- and the reauthorization, but suffice it full of very interesting people. As for phone calls are bothersome to you, if it to say we believed very strongly the me and for most of the American peo- is an intrusion on your family and an FTC should have taken the action they ple, getting a telephone call in the interruption to your life and annoying did. We provided the funding. We im- middle of a meal or getting a telephone to you and you want to stop them, call plicitly provided authorization for it, call at all hours of the day and night to and put your telephone number and and today we are once again reauthor- have someone tell us that we really your name on this registry. izing that which we have previously need a new long-distance service or a Guess what. In virtually a nano- done just to satisfy some court in some preapproved credit card gets a little second, 50 million Americans have said: corner of America, and in order to give annoying. Unsolicited phone calls are Count me out. I don’t want to be a part comfort to those 50 million Americans an intrusion on the phone line that of this unsolicited phone call mess and the at least 130,000 North Dakotans most American people pay every going on. Put my name on the list and who have said: Take my name off this month to have in their home. get rid of these phone calls. In the list. The American people have that I come from a sparsely populated State of North Dakota, 131,000 people right. This legislation allows them to State, a wonderful place. It is 10 times said: We don’t want these calls. We keep that right. It is very important. the size of the Massachusetts don’t want the interruptions. We don’t Mr. President, I reserve the remain- landmass, with 642,000 people. It is want the annoyance. Stop it. der of my time. spread out. We understand the impor- Now one court has said somehow this The PRESIDING OFFICER. The Sen- tance of communications. We under- is not operative, effective, because it is ator from Nevada is recognized. stand the importance of telephones. It not authorized. So this afternoon the Mr. ENSIGN. Mr. President, I yield took a long while to get telephones to House will authorize it, the Senate will myself such time as I may consume. the outer reaches of our country, in- authorize it, and the bill will go to the Mr. President, I thank the cosponsors cluding rural areas. Now with modern President and be signed. of our legislation, especially my chief communications, we also understand I hope this court will understand cosponsors, Senator FEINSTEIN from that we are not alone in our homes. that not only was it authorized, but we California, Senator DORGAN, Senator There are those who are working in were pleased this afternoon to author- MCCAIN, and Senator DEWINE, as well large banks of employees who are ran- ize it a second time just to reinforce as the 47 original cosponsors. I thank domly, with computers, calling tele- our determination with the American them all for being original cosponsors. phone numbers from banks of tele- people that we believe they have the The legislation, however, we are deal- phone books, getting people on the power and they ought to have the abil- ing with now is identical legislation line. And by the way, because these ity to stop these calls. sent over by the House because of a computers dial multiple numbers at Let me make just a couple of addi- procedural matter. I am very excited once, when one person answers, per- tional points. Some say this is an im- that this legislation is going to be

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11960 CONGRESSIONAL RECORD — SENATE September 25, 2003 passed in just a little over an hour I yield 5 minutes to the Senator from an unprecedented barrage of calls. And from now, because I think this is very Montana. this is why the registry is so impor- important legislation just for the peace The PRESIDING OFFICER. The Sen- tant. of mind of a lot of the people at home. ator from Montana is recognized. The FTC’s registry will give Ameri- People say, ‘‘Have you heard about Mr. BURNS. Mr. President, I thank cans who want to avoid these unsolic- this from your constituents?’’ A lot of my friend from Nevada. I am won- ited sales pitches a chance to stop an- people who don’t follow politics are dering if the Senator from California noying intrusions into their home. talking about this issue in the last cou- wants to speak, if we are going back As we know, tens of millions of ple of days. They have talked about it and forth here. I don’t want to preempt Americans have registered more than for years, but they have heard about it her. 50 million phone numbers for this pro- in the news. They are talking about it Mrs. FEINSTEIN. There is no prob- gram. In the end, the Federal Trade around the water cooler and they are lem. I merely wanted to thank every- Commission expects 60 percent of the talking about it wherever there is a body. We heard about this through my Nation’s households with approxi- coffee shop, wherever they are, because Judiciary counsel, who follows the mately 60 million home phone lines to they want to make sure that on Octo- courts, and we came to the floor and sign on to the registry. ber 1, when the Do Not Call list is sup- indicated we were going to put this to- This registry is crucial because it posed to be starting to be enforced, gether and we got a number of cospon- puts consumers in charge of the num- that it actually happens. sors. It was really Senator DORGAN who ber of telemarketing calls they receive. There are over 50 million Americans, worked out all of the protocols in- Telemarketers who disregard the reg- as was said, who have signed up for this volved. service. I am hazarding a guess, but I I thank the Commerce Committee, istry could be fined up to $11,000 per call. would say in the coming months there Senator MCCAIN, and Senator HOL- are going to be tens of millions more LINGS, for their work on this issue. I The Oklahoma district court yester- who will sign up for this because so didn’t realize the depth of involvement day ruled that the Do Not Call Reg- many people don’t want to be bothered. that had existed. I find the court’s de- istry is ‘‘invalid’’—that is the word the As Senator DORGAN talked about, the cision so out of whack with what has judge used in his decision—because it people who don’t mind being both- happened. So I am very pleased and I was created without congressional au- ered—for them, they don’t have to sign thank the Senator from Montana for thority. up for the Do Not Call list. If they want his courtesy. I find this conclusion surprising since to continue to receive all those offers I am glad to see that so many of our Congress passed H.R. 395, the Do-Not- at home from telemarketers who are fellow colleagues, from both sides of Call Implementation Act on February trying to sell a product—if people want the aisle, have joined us in this impor- 13 of this year. The legislation clearly to receive those calls at home—I don’t, tant and urgent effort, and that we authorizes the Federal Trade Commis- but a lot of people probably want were able to take up this legislation so sion and the Federal Communications them—it is their right to have that quickly, in record time. It was only Commission to collect fees sufficient to coming into their household. I know in about 24 hours ago that I first raised implement the registry. And the Ap- our household we get bothered by this this issue on the Senate floor. propriations Committee granted $18 a lot, and you hate being rude to people Our bill is identical in language to million for the program. when they call up on the telephone. the bill introduced in the House of Rep- I also note that the FTC’s rule came Nobody likes to get a call during din- resentatives, and we expect one or both after an exhaustive comment period. ner. You happen to have the phone all of the bills to pass today. The FTC announced its plan to proceed the way across the room. You get up The bill simply confirms what we all with the registry on December 18, 2002, and you walk across the room, and all already thought was true, that the after receiving 64,000 comments. The of a sudden you realize it is a tele- Federal Trade Commission has the au- overwhelming majority of these com- marketer. You are a little irritated and thority to implement a ‘‘Do-Not-Call’’ ments favored the creation of the reg- you don’t want to be mean, but at the Registry. istry. same time you don’t want to be both- We in Congress must act quickly, be- Millions of Americans were promised ered. This Do Not Call list stops that cause this registry is due to go into ef- protection from annoying, unwanted from happening because the penalties fect in just 1 week on October 1. Lit- telemarketing calls starting October 1. in the Do Not Call list legislation are erally tens of millions of Americans They are outraged—and so are we—by such that these telemarketers are have registered their phone numbers this setback. going to stop. not to be called by telemarketers. Congress must move now and unani- I have rarely seen an issue where so So it is, to me, very exciting that we mously adopt and pass legislation many millions of Americans have made are actually going to act very quickly which grants the authority to the FTC, their strong preferences known. after what I believe the judge did was clearly and unequivocally—so that no Are we going to simply tell them wrong. But that is fine; the Senate and Federal judge can misunderstand it. the House have quickly acted on this that this was all a myth? Or is Con- bill. We are going to make sure there is gress going to act to honor our earlier Many of us were taken by surprise no question in the court’s mind that commitments and to protect this im- yesterday, but by putting this legisla- this bill is authorized. portant right to privacy? These citi- tion to a vote now, we are doing the I will conclude with this, and I will zens expect us to act—and I believe right thing. On October 1, let’s make yield 5 minutes to my friend from Mon- that the momentum is clearly on our sure that the millions of Americans tana. It is really summed up in the side. who want their privacy protected from Jerry Seinfeld episode where a tele- If allowed to stand, the decision these telemarketers are not dis- marketer calls him and he asks the made by an Oklahoma district court appointed. telemarketer, ‘‘Can I have your phone judge that the National Do-Not-Call- I urge my colleagues to vote in favor number?’’ The telemarketer says, Registry would strike a powerful blow of this legislation. ‘‘Why?’’ Jerry says, ‘‘Because I want to against the basic private interests of Mr. BURNS. Mr. President, I thank call you during dinnertime and bother millions of Americans. the chairman of the Commerce Com- you.’’ Of course, the telemarketer Right now, these people are subjected mittee and everybody on the com- doesn’t want to do that. But that is to unwanted and annoying marketing mittee. You are probably hearing from how people feel. They want to call calls to their homes at all times of the the core of that committee today, re- them and bug them to let them know day, including the dinner hour. acting to the disappointment that we how they feel. That is the way people According to industry estimates, have gotten from the Oklahoma Fed- feel all across America. about 60 million telemarketing calls eral District Court preventing the Fed- It is important that we pass this leg- are made daily. With advances in tech- eral Trade Commission from going for- islation, and it is great to see the bi- nology and declining telephone costs, ward and implementing the Do Not partisan support for it. consumers would face the prospect of Call list.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11961 The Do Not Call legislation turned Let’s make no bones about it, they order to raise fees necessary to imple- out to be the most popular and prob- clearly had the authority. They clearly ment the Do Not Call list. We were able ably the most necessary consumer ini- had the funds to implement it. We gave to grant the Commission this author- tiative we have ever passed in the his- it to them in appropriations and we ity in the consolidated appropriations tory of this body. From day one, people gave them the authority this year. The resolution which passed in February of started to sign up; that was June 26. Up telemarketers did not choose to abide this year. We further authorized the until now—you have heard the fig- by that law. So I heartily commend my FTC’s list in the Do Not Call Imple- ures—over 50 million people have reg- good friends for offering this legisla- mentation Act on March 11, 2003. istered, and 138,000 of those are in Mon- tion. These actions more than authorized tana. By the way, if I am not on the list, the FTC’s rulemaking in my view. So urgent was the public’s need to you may put me on the list. That said, this bill will make it crystal stop intrusive telemarketers that in I yield the floor. clear that Congress endorses, supports, the first 14 hours of enrollment on The PRESIDING OFFICER. The Sen- and authorizes the FTC to create a na- June 16, 650,000 people called up. That ator from North Dakota. tional Do Not Call Registry. gives us some idea of how consumers Mr. DORGAN. Mr. President, I ask I commend the FTC’s hard work to think of these telemarketers. unanimous consent to add Senator create a national Do Not Call list. Such The ill-considered decision yesterday INOUYE as a cosponsor. action was long overdue. The deluge of by the Federal District Court in Okla- The PRESIDING OFFICER. Without telemarketing sales calls is the number homa would prevent the Do Not Call objection, it is so ordered. one consumer complaint in this coun- list from going into effect next Mr. DORGAN. I was just recollecting, try. It is a problem that has gotten out Wednesday. The decision is dead wrong as the Senator from Montana was of control. The average American re- and its core assumption is that the speaking, telemarketing is, of course, a ceives two to three telemarketing calls FTC acted without statutory authority legitimate business. It is an important per day. Some estimate that the tele- in creating and administering the Do business in many respects. But the marketing industry is able to make 560 Not Call list. point that my colleague, Senator EN- calls per second or roughly 24 million Let us make it very clear, Congress SIGN, made is the American people also calls per day. No wonder people feel clearly granted the FTC the authority have their right, and their right is to like they are under siege in their own to set up the Do Not Call list by pass- put their name on a list to say, I do not home. ing the Do Not Call Implementation want unsolicited calls. Wisconsin recently implemented a Act in February of this year. The act They call almost everyone. I received similar, statewide Do Not Call list last gave the agency authority to collect a call some long while ago from a tele- year. During the first 3-month registra- fees from telemarketers and to estab- marketer. I answered the phone, and tion period, more than 2 million resi- lish and enforce the list. In fact, the the telemarketer said: May I speak to dents placed their phone numbers on Omnibus Appropriations Act in Feb- Haley Dorgan please? I could tell im- the list, which is 40 percent of Wiscon- ruary also authorized the FTC to en- mediately it was a telemarketer. I sin’s population. Such a positive re- force the Do Not Call list. said: You could, but I do not think she sponse demands further action at the Rather than waiting around for an is going to buy anything. She is 4 years appeals court to overturn this wrong- Federal level. That is why we in Con- old. headed decision, I am certainly glad gress acted earlier this year to ensure They get lists and they just blizzard the Congress has taken action very that the FTC’s Do Not Call list became the country with telephone calls to swiftly. It did not take long. In fact, a reality. Should we need to do more to young and old. It is indiscriminate, and one of my good friends who does not overcome a court’s objections, we can that is why this fervor has grown in serve in this body anymore, who served and shall do it today. Providing con- this country to do something about from North Carolina, said this is al- sumers the option to stop tele- giving the American people the right most a june bug issue, and it really is. marketing calls is something on which to say they do not want these unsolic- We do not have to put Americans we can all agree. ited calls. That is what this legislation through unwarranted intrusions into Given the enormous response of near- their lives by telemarketing, and so we will do. ly 50 million Americans who have I yield 5 minutes to the Senator from will pass this today. signed up in less than 3 months, the Do I tell my good friend from North Da- Wisconsin, Mr. KOHL. Not Call list is clearly needed. Though kota, my wife has it all figured out The PRESIDING OFFICER. The Sen- I am troubled by the court’s decision, about telemarketers. We both may be ator from Wisconsin. we can set the record straight and au- Mr. KOHL. Yesterday, a Federal home; the call comes in: Is Mr. BURNS thorize the FTC’s action. I urge quick there? She says: I will call him—wheth- judge in Oklahoma voided the Federal passage of this legislation so that the er I am there or not. She lays the Trade Commission’s national Do Not Do Not Call list can start up as sched- phone down and goes off and leaves it Call list that was set to go into effect uled on October 1, 2003. until we hear the little disconnect: ‘‘If next week. This action frustrates the Mr. DORGAN. Mr. President, unless you are trying to place a call, please wishes of more than 48 million Ameri- the Senator from Nevada has time he hang up and try again.’’ So that is our cans who have signed up for the list. wants to consume, I yield 5 minutes to attitude towards that. I am pleased that we will overturn the Senator from Arkansas, Mr. PRYOR. By any estimate, telemarketers at- that judge’s questionable decision Mr. PRYOR. Mr. President, I thank tempt almost 105 million calls daily. today. Americans have spoken very my colleagues for their hard work on The implementation of the Do Not Call clearly on this issue and it is our re- this issue. It is a very important issue list would reduce these calls by almost sponsibility to respond. Though a judge for people all across the country. 80 percent, and those are figures that ruled that the FTC lacked congres- Yesterday, I received the news that are out now. So if they do not get the sional authority to create this national the Federal court in Oklahoma had de- message by talking to a telephone that Do Not Call Registry, I strongly dis- cided that we had no authority over does not have an ear on the other end agree and believe that earlier this year the Federal Do Not Call list. of it, then we will take care of it this Congress explicitly granted the Com- I must tell you that as a United way. mission both the authority and the States Senator and as a former attor- People are rightly sick and tired of funding to create the registry. ney general and as a lawyer and just as this endless interruption into their pri- Indeed, absent congressional action, a citizen, I have all the respect in the vate lives. So I urge my colleagues to the FTC’s Do Not Call initiative would world for our Federal courts and our support this bill. have failed to become a reality this judges and our legal system. I just hap- I thank my good friend from Nevada year. I discussed the matter with FTC pen to think they were wrong in this for allowing me this time, and Senator Chairman Tim Muris at a hearing be- ruling. DORGAN and the chairman of the full fore the Antitrust Subcommittee last At the same time, I am proud to join committee for acting this swiftly, be- September. He asked me for help in with my colleagues, both in the Senate cause this takes care of it. getting congressional authority in and in the House, in efforts to try to

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11962 CONGRESSIONAL RECORD — SENATE September 25, 2003 make sure the courts understand that Call program will help clear up those Mr. ENSIGN. Mr. President, I want very clearly there is authority for the bad actors, just like we have been able to spend a couple of minutes talking a Federal Trade Commission to establish to do on a State-by-State basis, when little more about this legislation. First a National Do Not Call list. the States pass these kinds of provi- of all, this chart that we have in back I think it is very clear that the peo- sions. of us—this graphs the calls and online ple have spoken on this issue. Back in But telemarketing is, for many registering to the Do Not Call center. February of this year, the Congress Americans, an annoyance that they This started June 27, 2003, which is the passed what we thought was the au- just do not want to have. After all, we far left side of the graph. In blue or thorization and the funding for Do Not are talking about the privacy of peo- purple there is the amount of e-mails Call. Then, just a few weeks later, ple’s homes. They should be able to that came in, the way the people reg- President Bush signed it into law. have some control over the types of istered on line. I know a lot of people have been shar- calls they get. In the middle is 1–888–382–1222, the ing their stories about telemarketers. I If they get solicitations, if they don’t telephone number. About 11 million can tell you from firsthand experience, want those, there should be some came in there. In the yellow at the bot- from back in 1998 when I traveled the mechanism where they can shut those tom which started in July, about 8.5 State of Arkansas extensively, running off on the front end. That is what the million people came in. Those were for attorney general—that is what I did Federal Do Not Call program will do. numbers that came in from the States. before I was elected to this august That is why I think you have seen so There are over 31 million people just body—everywhere I went, it seemed as many people in the House and in the since June 27 who have registered on- though every community I went into, Senate come to the respective floors line. So we see, for a total of a little every group I talked to, it didn’t mat- today and argue that we should take over 50 million people, how rapidly peo- ter who they were, what they had on this step that we are about to take ple have signed up to say we do not their mind, they wanted to talk about today. want to receive telemarketing phone telemarketing. They would say: Please, One last point. In the last few weeks, calls. is there anything you can do to have ever since it was announced with toll- The key is people are saying we don’t these telemarketers stop calling us? free numbers and Web sites that there want to be bothered. Part of freedom, I said: Yes. We in Arkansas had one would be a Federal Do Not Call pro- it seems to me, is the freedom from of the first—not the very first but one gram, and how to sign up, et cetera, being bothered by people when you are of the first—State do not call systems there have been about 50 million phone in your own home. Telemarketers con- that we passed in 1999. It had very few numbers added to this list. That is an tend that, just as if they are sending exceptions to it. It was something we amazing number. Fifty million Ameri- mail, somebody who is sending mail to were proud of. We had to charge $5 be- cans can’t be wrong. somebody’s home, they have the right cause, where Congress appropriated I yield the remainder of my time to to call somebody in their home. some dollars for this Federal system, the Senator from North Dakota. The American people are saying no; we did not have a State legislative ap- The PRESIDING OFFICER. The Sen- we don’t want to receive those phone propriation for our State system. But ator’s time has expired. calls. Mail they can just glance at and regardless of that, even though we Mr. DORGAN. I ask unanimous con- throw away. They don’t actually have charged for it, we had thousands upon sent Senator REID of Nevada be added to get on the telephone and speak to thousands of Arkansans sign up for our as an original cosponsor. somebody. Telemarketers require State do not call system. The PRESIDING OFFICER. Without somebody to pick up the phone. If it is I tell you, everywhere I go in Arkan- objection, it is so ordered. sas today, people still thank me for the ringing, you have to go because you Mr. DORGAN. Might I just in less State’s do not call system. don’t want to miss an important phone One thing we learned during that than a minute say we have not men- call. Maybe your kids are out or some- process was that for most people, tele- tioned on the Senate floor, and we thing, you don’t want to miss an im- marketers’ calls are an annoyance. should, that the Federal Communica- portant phone call, and it turns out to People get tired of being bothered dur- tions Commission took action that was be a telemarketer. ing dinnertime, when they are trying complementary and action that coordi- Nowadays, because of answering ma- to do the homework with the children, nates with the Federal Trade Commis- chines, you have a situation where you when they are trying to put the kids sion because action was needed by the come home and it says: Hi, this is down—whatever the case may be. But Federal Communications Commission Fred—or this is Lisa or whoever it is. for some Americans, a small percent- with respect to common carriers in Please give me a call my number is, age, telemarketing also has the ele- areas under their jurisdiction to also and you don’t know who it is. ment of fraud to it. create a do not call list, which is ex- Then you call the number back and Many people in this country—mostly pansive. you find out it is a telemarketer. So seniors but not all, but many people in So while I, with some of my col- you have just now wasted the time lis- this country are taken advantage of leagues, have been critical of the Fed- tening to the message, and you have via the telephone. If you look at the eral Communications Commission on wasted the time making the telephone FBI statistics—I haven’t seen the most other issues on the Senate floor in re- call. recent round, but I was familiar with cent weeks, I did want to say that the So we have people stealing valuable them in my 4 years in the attorney Federal Communications Commission time, and time is our most precious general’s office—it is a small percent- deserves our plaudits and deserves commodity. That is why so many peo- age of fraud, but let me tell you, it is credit for moving very quickly to fill ple want to sign up for the Do Not Call a lot of dollars every single year. It is in a gap with respect to a do not call list. millions upon millions of dollars that list. All of our discussion is about the We want to remind people—and I are swindled away from people by use Federal Trade Commission, but, again, think this is going to happen a lot— of the telephone. I think the Federal Trade Commission that the telephone number is 1–888–382– I want to touch on something that has contributed substantially, and I 1222. That is the number that people Senator DORGAN said a few moments compliment them for that, with the will be able to call, and can call today ago. The telemarketing industry is not leadership of Michael Powell and all to sign up for when this goes into effect evil. They are just doing their job. We the Commissioners. on October 1. They just call up, very understand that. We appreciate that. It I yield the floor. simple, add their name, give them is a legitimate industry. It is an indus- The PRESIDING OFFICER. The Sen- their telephone number, add it to the try that has a lot of hard-working peo- ator from Nevada. list. ple in it. They do a lot of great things. Mr. ENSIGN. I ask unanimous con- If they want to register on line, it is We are not critical of the industry per sent Senator Don Nickles be added as a on the World Wide Web, donotcall.gov. se. cosponsor. It is all small letters. They go on there, We know there are some bad actors The PRESIDING OFFICER. Without they sign up, put their telephone num- out there. I think a National Do Not objection, it is so ordered. bers in, and they are added to the list.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11963 It is simple for people to do. I think the catching up with one another and pre- on this measure. I am very pleased to simplicity is why it has been so wildly paring for the next day. The last thing see us moving so rapidly at this point. successful up to this point. in the world we want when we sit down Thank you, Mr. President. On October 1, when it goes into ef- for the quiet time is to be interrupted Mr. ENSIGN. Mr. President, I ask fect, that is when people will start hav- by the telemarketing company that be- unanimous consent that Senator ing some peace of mind at home. At a lieves it is their right to disturb us PRYOR be added as a cosponsor to S. time where families need more time to- during our few minutes of family time. 1655. gether, they need more time to talk, I Those who seek to stop the imple- The PRESIDING OFFICER. Without think it is important, especially mentation of this program assert that objection, it is so ordered. around dinnertime when there are so they are protected by the right to free The Senator from New York. many distractions—that is a prime speech. I say it is the people who have Mr. SCHUMER. Mr. President, I be- time for telemarketers to call, at din- the right to decide that they do not lieve I have 5 minutes. ner time. Families don’t have enough want to be hounded by telemarketers Mr. PRYOR. Yes. I yield 5 minutes of time together as it is now. I think to and those who would interrupt the my time to the Senator from New have those distractions around dinner- sanctity of their homes. York. time is even more disruptive of that The entire purpose of the FTC’s Na- The PRESIDING OFFICER. The Sen- important family time. tional Do Not Call Registry program is ator from New York is recognized. We need to encourage families to be to allow Americans to opt out of re- Mr. SCHUMER. Thank you, Mr. together. This certainly will result in ceiving these annoying phone calls. In President. fewer interruptions around the dinner my judgment, the court’s decision to I rise in strong support of this legis- table. That is why I so strongly support stop this program tilts the privacy lation. In my time in the Senate, I the legislation and why I sponsored rights out of balance in favor of those have never seen legislation move so this legislation to repeal what the Fed- telemarketing companies. quickly through the House and Senate eral judge did in Oklahoma. In June, the Anchorage Daily News— for any issue. I don’t currently see anyone who which is my hometown newspaper— Why? There are three reasons. The wishes to speak. I suggest the absence published an editorial supporting the first is, of course, the need for this leg- of a quorum, and I ask unanimous con- National Do Not Call Registry. They islation. Fifty million people have sent that the time be charged equally wrote about an Alaskan by the name of signed up on a registry and are expect- to both sides. Ron Hammett who says he sometimes ing it to work October 1. We should ful- The PRESIDING OFFICER. Is there gets two or three calls a day. Mr. fill those expectations. None of us, me objection? Hammett is a 76-year-old retiree who included, because this has happened to Without objection, it is so ordered. spent more than 2 hours waiting to get my family when we sit down to dinner The clerk will call the roll. through the registration process once all the time, hopping up and down like The assistant legislative clerk pro- the FTC rule came out. Now he is going jackrabbits to answer the phone and ceeded to call the roll. to wake up today—or he woke up this then hear someone on the phone trying Mr. ENSIGN. Mr. President, I ask morning—to find out that his time and to sell you something. It drives you unanimous consent that the order for the time of many other Alaskans was crazy. No. 1 is the need. the quorum call be rescinded. wasted. No. 2 is the fact the court decision The PRESIDING OFFICER. Without In just a few short months since the was so goofy. The bottom line is, if you objection, it is so ordered. FTC adopted these rules, nearly 50 mil- read the legislative language, if you Mr. ENSIGN. Mr. President, I yield 5 lion people have registered to stop read the statutes, in my judgment, minutes to the Senator from Alaska. these phone calls. there is no question we granted author- The PRESIDING OFFICER. The Sen- My State of Alaska has its own do ity. I think the judge went out of his ator from Alaska is recognized. not call program that was created in way to try to throw out this list. This Ms. MURKOWSKI. Mr. President, I 1996—it is called the Black Dot Pro- may be an example of judges making come to the floor today to address the gram—which allows telephone sub- law rather than interpreting law that judicial action that would temporarily scribers to elect to have a black dot we have talked about for so long. On prevent the National Do Not Call Reg- placed next to their name in the Alas- this, we all agree that we do not want istry from going into effect. ka phone books. the judge making law, particularly This privacy-oriented program was A computerized version of the list is making law that so goes against the recently implemented by the Federal made available to the telemarketers, will of this Congress and the American Trade Commission and was supposed to but the problem is they are not re- people. go into effect by October 1. That is just quired to use it. If they call any tele- The bottom line is, our intent was about a week away. phone customer with a black dot next clear from the language of the Feb- I am proud to join my colleague from to his or her name, they are subject to ruary 13, 2003, statute called the Do Nevada, the ranking member of the a fine of up to $5,000, whether the tele- Not Call Implementation Act. I cannot Commerce Committee, Senator ENSIGN, marketer uses the list or not. understand how a court would conclude in cosponsoring this bill. This bill rati- The problem with Alaska’s statute is Congress would have directed the FTC fies the authority of the FTC to estab- that there has been only one complaint to implement the registry if it had not lish the National Do Not Call Registry filed since it was implemented. Most of assumed that it had authorized the and allows the program to go into ef- the telemarketers are located outside FTC to make the registry, either in fect as drafted by the FTC. the State of Alaska, and the State law previous law or through the implemen- As you may or may not know, Alaska doesn’t have the teeth that the FTC tation act itself. is about a 4-hour time difference from rule contains to go after these outside If this were not enough to dem- Washington, DC. It seems like just groups. Alaskans, quite honestly, are onstrate Congress’s intent on this about my dinner hour in Alaska when looking forward to the implementation issue, on February 20, 2003, the Omni- telemarketers throughout the country of this FTC rule to give them the peace bus Appropriations Act was signed into get kicked into full gear. I know when and the quiet they have sought for so law which authorized the FTC to ‘‘im- my family and I are interrupted at the long. We need this FTC rule to protect plement and enforce the do not call dinner table by these calls, we feel in- our citizens and their privacy. provisions of the Telemarketing Sales vaded. I can only imagine that my Americans have spoken. They don’t Act.’’ other friends and neighbors are equally like to be disturbed by unwanted and That is as clear as the nose on your upset. Sometimes we are outraged that harassing phone calls from people sell- face. The court’s decision is based on our right to privacy is invaded every ing products over the phone. Through an overly technical view that ignores night when we are sitting down to have this legislation we can have that peace the clear intent of Congress. So the dinner with our families. Our lives are and privacy within our own homes. second reason we are moving so quick- busy enough throughout the day with I am proud to cosponsor this legisla- ly is this law was so poorly interpreted work, school, homework, and just tion. I hope the body will act quickly by the judge.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11964 CONGRESSIONAL RECORD — SENATE September 25, 2003 The third is this has a consensus be- for pornography and lots of things the Mr. DODD. Mr. President, I am con- hind it. It is needed. There are a lot of kids should not see. fident my colleague from North Dakota laws that are needed but do not have a I commend my colleagues for moving will probably want to use 5 minutes of consensus. It was thrown out by a so quickly to defend consumers against that 6 minutes. He probably has not ex- court in a strange decision. There is al- unwanted telemarketing calls. Fifty hausted every thought on the subject most a universal consensus that this is million people cannot be wrong. I hope matter. I will be happy to yield back the right thing to do. we will do the same and move with the some of my time to him. The telemarketing industry feels same speed and urgency when we deal I wish to add my voice and thanks to badly about this. I understand there with e-mail spam and create an anti-e- the managers of this proposal and to are many people who work in this in- mail spam registry as well. commend the other body for their ef- I yield the floor. dustry. They are going to have to find forts in acting as quickly as they have Mr. PRYOR. Mr. President, we all a way to telemarket—which is a good on the subject matter. I am familiar thing when people want tele- know that fraud can be very much a problem when it comes to tele- enough with it because I introduced marketing—they will have to refine legislation about 2 years ago in this their processes. I would not mind refin- marketing, but we also know a Do Not Call registry is a very positive con- area. Connecticut was one of the early ing this list and allowing people to file, sumer tool against fraud. By that I States—I know there have been a num- if we could technically, to say I only mean if you signed up for the National ber of States that have adopted a do want to get calls about mortgages or I Do Not Call plan and you still get a not call list—to adopt a do not call list only want to get calls about garden call, you know something is up. That in the year 2000. In December 2001, I in- tools, but not to subject everyone to ought to be your first tip that some- troduced a bill very similar to the one answer the phone, particularly at din- thing may be amiss with this call. This Connecticut has produced. Either since ner time and evening time when the is another reason I thank my friend then or before then, other States—in- family is home alone and relaxing. from New York for his very wise com- cluding Alabama, Alaska, the home of This has happened in my family. It ments. the distinguished Senator MURKOWSKI, does not make any sense. I yield the remainder of my time to Arkansas, Florida, Georgia, Idaho, It is a good law. I wish there were the Senator from Nevada. Kentucky, and others—have also en- more days in Congress that we do im- Mr. REID. Mr. President, I appreciate acted legislation. portant things in a bipartisan way very much the Senator yielding to me. This is a very positive outcome. without tarrying. Let’s savor it while We are in the position of being able to Clearly, what has happened is, as we we can. yield back all of our time except 6 min- are talking about the use of the tele- I make one additional point. This ap- utes for the Senator from Connecticut, phone, the telemarketing idea, Amer- proach can also work for another prob- Mr. DODD. ica has phoned in and said to please lem facing American consumers very The PRESIDING OFFICER. The Sen- give them some relief. We just would similar to the annoying telemarketing ator from Alaska. like a few minutes of privacy and call: e-mail spam. As in telemarketing UNANIMOUS CONSENT AGREEMENT—EXECUTIVE quiet. It is hard enough to get a family calls, spam traffic is also growing at a CALENDAR together with all the pressures on them geometric rate. It has become more Ms. MURKOWSKI. Mr. President, as today. When you might just be able to than an annoyance. It is now a real in executive session, I ask unanimous get them to sit down for a meal, that danger to the future of the e-mail part consent that following the next vote on phone starts ringing. What they are of the Internet. Fifty percent of all e- passage of the Do Not Call legislation, saying is: Give me the choice of saying mail is spam. What was a simple an- the Senate immediately proceed to ex- I don’t want to be bothered and buy noyance last year has become a major ecutive session and two consecutive this. They ought to have that right. concern this year and could cripple one votes on the following nominations on The obvious problem with this bill— of the greatest inventions of the 20th today’s Executive Calendar: Calendar I say it is a problem, but I am con- century next year if nothing is done. Nos. 359 and 360. fident we can correct it; it is the dif- We should be doing the same thing I further ask unanimous consent that ference between the bill I introduced against spam. there be 4 minutes equally divided be- Admittedly, it is easier to cut off a tween the two leaders or their des- several years ago and the one before us telemarketer than a spammer, but the ignees prior to the second and third today—is the loophole that allows any same basic concept applies and the vote; further, that following the votes, prior business relationship to be an ex- telemarketing provisions worked. The the motion to reconsider be laid upon ception to the otherwise clear prohibi- anti-e-mail spam provisions are the the table, the President be imme- tion supported by this legislation. best we have to deal with spam right diately notified of the Senate’s action, As was pointed out in one news ac- now. and the Senate then return to legisla- count in the last day or so, there has This morning the Judiciary Com- tive session. been a tremendous surge of tele- mittee passed the Criminal Spam Act The PRESIDING OFFICER. Without marketing in the last number of weeks of 2003. I was proud to cosponsor that objection, it is so ordered. by businesses trying to establish a along with my colleagues, Senator Ms. MURKOWSKI. I yield back all ‘‘prior business relationship’’ with a HATCH and Senator LEAHY. For the time on our side. customer base in this country which first time that will criminalize some of Mr. REID. As soon as Senator DODD would then allow them to become part the spammer’s favorite tricks. Those arrives, we will use the remainder of of the exception even under this legis- that repeatedly use predatory practices our time. We have been told he is on lation. to evade filtering software will face his way—from where, we do not know. The point I am making is, even stiff punishment, including the poten- I suggest the absence of a quorum. though we will pass this bill—and I am The PRESIDING OFFICER. The tial of jail time, but we should add the very glad we are doing so; again, I com- clerk will call the roll. mend the authors for moving as rapidly registry to those provisions. I did not The assistant legislative clerk pro- as they are on this legislation—we do that in committee today, but I hope ceeded to call the roll. we can do it on the floor when it comes Mr. DORGAN. Mr. President, I ask have not heard the end of this issue. forward. unanimous consent that the order for There are going to be people coming A spam registry such as the Do Not the quorum call be rescinded. back, once they discover that any prior Call Registry has broad consumer sup- The PRESIDING OFFICER. Without business relationship pretty much will port. It has bipartisan support. Senator objection, it is so ordered. allow the exception to occur, which GRAHAM of South Carolina and I are Mr. DORGAN. Mr. President, I yield means you will have that phone con- the lead sponsors. The registry pro- the remaining time on our side to Sen- tinue to ring. And I presume they are vides parents with the unique oppor- ator DODD from Connecticut. going to be asking us to come back and tunity to register their children’s e- The PRESIDING OFFICER. Under even close the loophole down further. mail addresses to prevent unwanted ad- the previous order, the Senator from Much as we have in Connecticut and vertisements that go to our children Connecticut has 6 minutes. as other States are doing this. As I’ve

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11965 said, Connecticut has enacted legisla- cent of the Nation’s households to sign by the Oklahoma district court, Con- tion and the bill I introduced mirrors onto the registry potentially blocking gress sends a clear message that this my State’s efforts in that regard. eighty percent of telemarketing calls. destructive hyper-marketing will no Justice Brandeis said it so eloquently Specifically, the Federal registry will longer be tolerated. I urge my col- years and years ago, as he always supplement State Do-Not-Call lists. It leagues to support this legislation that could, this wonderful, brilliant mind of works by requiring telemarketers to would leave no doubt in anyone’s mind a Supreme Court Justice. He always search the registry every 3 months and as to the FTC’s authority to maintain had the ability of taking a difficult synchronize their call lists with the and implement the Do Not Call Reg- concept and simplifying it in terms phone numbers on the registry. If you istry. that were so understandable by every- don’t want to be disturbed by mar- Mr. LAUTENBERG. Mr. President, I one. He said: Privacy is nothing more keting calls, you simply register online was disappointed to learn that early than the simple right to be left alone. with the FTC or call a toll free number this week a Federal district judge That is what we are really talking and request that your telephone num- issued a ruling to delay the October 1 about. He couldn’t have imagined, ber be added to the registry. More im- implementation of the national Do Not when he said that, the technology that portantly, this law has enforcement Call Registry. would make it possible for tele- power—a telemarketer who disregards Sign-up for the national Do Not Call marketing to occur. But the right to be the national Do-Not-Call registry could list began June 27. To date, the reg- left alone is really at the heart of what potentially be fined up to $11,000 for istry has grown to 50 million Ameri- we are talking about—the right to say each call. cans who submitted their telephone to someone: You don’t have the right I urge my colleagues to support this numbers and unequivocally said they to call me anytime you want. I should measure. do not want to receive business solici- Mr. BURNS. Mr. President, I rise have some ability to control that in- tation calls. trusive invasion in the privacy of my today to express my disappointment at There has been near unanimity that family’s life. the Oklahoma Federal district court the Oklahoma Federal judge simply I am glad the Federal Trade Commis- decision preventing the Federal Trade got it wrong when he found that Con- sion acted. It certainly made a dif- Commission from going forward on im- gress did not give the Federal Trade ference. But clearly we need to respond plementing the Do Not Call list. Commission the requisite statutory au- to the court’s decision in this matter, The Do Not Call list has proven to be thority to create and implement a na- and we are doing that by adopting this one of the most popular and necessary tionwide Do Not Call Registry. legislation. consumer initiatives in history. From I am pleased to add my name as a co- the day consumers have been able to To clarify the matter once and for sponsor. I implore my colleagues in sign up for the Do Not Call list on June all, the pending bill explicitly author- their respective committees to take a 26, over 50 million Americans have reg- izes the Federal Trade Commission to look at the bill I have introduced. I istered, including 138,841 in Montana. compile and implement a Do Not Call know others have introduced legisla- So urgent was the public’s need to stop Registry, pursuant to the Tele- tion, but take a look at this bill. Let’s intrusive telemarketers that in the marketing and Consumer Fraud and monitor what happens over the coming first 14 hours of enrollment on June 26, Abuse Prevention Act. months to see if we are achieving the over 650,000 citizens added their num- The bill also ratifies the relevant desired results that this legislation is bers to the list. provisions of the Telemarketing Sales designed to achieve. If not, we may Yesterday’s ill-considered decision by Rules promulgated by the Commission have to go a bit further along the lines the Federal district court in Oklahoma early this year. I have suggested. I am sure others have would prevent the Do Not Call list A nationwide Do Not Call Registry is as well. from going into effect next Wednesday. particularly important to the citizens With that, I am pleased to be a part The decision is dead wrong in its core of New Jersey. Although 27 States al- of this effort and congratulate the au- assumption that the FTC acted with- ready have local do not call lists, some thors of it. out statutory authority in creating and States, such as my home State of New I yield back the remainder of the administering the Do Not Call list. In Jersey, have not yet enacted do not time. fact, Congress clearly granted the FTC call legislation. Ms. SNOWE. Mr. President, yester- the authority to set up the Do Not Call A New Jersey State law is expected day, the United States District Court list by passing the Do Not Call Imple- to go into effect next spring, but the for the Western District of Oklahoma mentation Act in February of this residents of New Jersey and the other declared the Federal Trade Commis- year. This act gave the agency author- 23 States deserve the protection that sion’s national Do-Not-Call registry in- ity to collect fees from telemarketers the FTC rule provides. valid after concluding that the Com- to establish and enforce the list. The The FTC’s rules are reasonable. They mission lacked the authority to imple- Omnibus Appropriations Act in Feb- require telemarketers to check the Do ment the rule. Today, I stand here with ruary also authorized the FTC to en- Not Call list every 3 months to see who my colleagues to set the record force the do not call provisions. does not want to be called. Those who straight—H.R. 3161, which the House Rather than waiting for an appeals call listed people face fines up to $11,000 passed earlier this morning by a vote of court to overturn this wrongheaded de- for a violation. Consumers would be al- 412–8, provides congressional authoriza- cision, we must act quickly so that lowed to file complaints to an auto- tion for the creation and implementa- Americans do not have to suffer the mated phone or online system. tion of the Do-Not-Call registry. needless and unwarranted intrusions The Do-Not-Call registry provides a into their lives by aggressive tele- There are about 166 million residen- very important service—preventing marketing. Unwanted telemarketing tial phone numbers in the United undue intrusions from marketers. Citi- calls have reached unacceptable levels States and an additional 150 million zens should have the right not to be in our country. By one estimate, tele- cell-phone numbers. The FTC expects disturbed by unsolicited calls in their marketers attempt almost 105 million 60 percent of the Nation’s households own homes and the Do-Not-Call reg- calls daily; implementation of the Do to sign onto the registry. istry empowers citizens to stop these Not Call list would reduce these calls I urge my colleagues to support this calls. by almost 80 percent. bill which ratifies the FTC’s Do Not Support for the registry is unprece- Americans are rightly sick and tired Call Registry, permitting implementa- dented. To date, after only four of these endless interruptions in their tion of the registry on October 1. months, the registry contains over 50 private lives, which often take place Mr. FEINGOLD. Mr. President, I am million phone numbers. In Maine during the dinner hour, or at times proud to be an original cosponsor of alone, over 241,000 phone numbers have when parents wish to spend uninter- this important measure, which will been registered and this number is rupted quality time with their chil- likely pass the House and Senate by an growing everyday. Ultimately, the Fed- dren. By responding rapidly to over- overwhelming margin and in record eral Trade Commission expects 60 per- turn this reckless and sloppy decision speed. This bill makes it perfectly

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11966 CONGRESSIONAL RECORD — SENATE September 25, 2003 clear that the Federal Trade Commis- program that has received over- announcement is the best possible af- sion, FTC, has the authority to imple- whelming public support and participa- firmation of the need for and of the ment and enforce the Do Not Call pro- tion. And it ignores clear evidence of good sense of the plan. gram that until yesterday’s court rul- congressional authorization. Even the The Do Not Call Registry should also ing was scheduled to go into effect on few months that it would take to re- appeal to enlightened telemarketers. October 1. I am usually not in favor of verse the decision, and I am convinced They do not, of course, want to waste quick legislative reaction to lower it ultimately would be reversed, would time and effort talking to people who court decisions. We have an appellate be too long. The time has come for the do not wish to hear from them, for process to determine if a lower court is national Do Not Call program to go whatever reason. Once the registry is mistaken, as this one surely was, and into effect, and for Americans to be operational—and I hope that this bill that process serves us well. However, able to eat dinner or watch TV with will meet with speedy approval and this case is different, and I am pleased their families free of interruptions by make that so—telemarketers will be that this Congress is prepared to react telephone solicitors. I am proud to sup- able to focus their resources, their so quickly and so decisively. port this bill. time and personnel, on the households There is no doubt in my mind that Mr. LEAHY. Mr. President, I support for which they provide a useful service. the FTC has the authority to create the FTC’s authority to establish a Do Consumers will be better served, the the Do Not Call program. It is true Not Call Registry, I find myself in good companies seeking to make sales will that the Telephone Consumer Protec- and widespread company. Many in the be better off, and telemarketers will be tion Act, TCPA, passed in 1991, allowed Senate, like many of my constituents more effective for both their corporate the Federal Communications Commis- in Vermont, share the frustration that clients and the potential customers sion, FCC, not the FTC, to create a na- I have with the recent district court they contact. tional database of telephone numbers decision striking down the Do Not Call So I urge all of my colleagues to vote from Americans who wanted to avoid Registry established at the Federal in favor of this bill, H.R. 3161. The na- telephone solicitation. But in 1995, in Trade Commission. Apparently we in tional Do Not Call Registry is a sen- the Telemarketing and Consumer Congress need to make things a little sible way to protect the privacy of the Fraud and Abuse Prevention Act, more clear, and this is what we are American people. It deserves our sup- TCFAPA, Congress also directed the doing with this legislation: We author- port, and it deserves this effort to FTC to establish rules on tele- ize the FTC to set up and operate such allow the registry to begin serving the marketing activities. The FCC and the a registry. public. FTC have jurisdiction over different Vermont has been a leader in pro- The PRESIDING OFFICER. All time telemarketers, so it makes sense that tecting the privacy and peace of its has expired. there is some overlapping authority. households from unwanted tele- The question is on the third reading The FTC initially promulgated the marketing calls. Federal law currently of the bill. Telemarketing Sales Rule, TSR, which requires individual companies to re- The bill (H.R. 3161) was ordered to a contained a variety of restrictions on move consumers from their calling third reading and was read the third telemarketing, such as prohibiting lists if the consumers ask them to do time. such calls between the hours of 9 pm so. There is also a national ‘‘telephone The PRESIDING OFFICER. The bill and 8 am and requiring telemarketers preference service’’ registry to which having been read the third time, the to cease making calls to consumers consumers can submit their names and question is, Shall the bill pass? who specifically request not to be con- which telemarketers can consult to Ms. MURKOWSKI. Mr. President, I tacted again. Complaints about tele- avoid calling those who do not wish to ask for the yeas and nays. marketing continued and in 2000, the hear from them—but industry compli- The PRESIDING OFFICER. Is there a FTC began a proceeding to consider re- ance is entirely voluntary. Two years sufficient second? visions to the TSR. That led to the ago, Vermont enacted a law which There appears to be. adoption of the national Do Not Call gives consumers a private right of ac- The clerk will call the roll. Registry. The FTC announced the final tion against companies that continue The legislative clerk called the roll. rule on December 18, 2002. to call after being requested to cease. Mr. MCCONNELL. I announce that Just a few months ago, in March 2003, Vermonters can also sue if they are the Senator from New Hampshire (Mr. Congress passed and the President called by a telemarketer after they GREGG), is necessarily absent. signed Do Not Call Implementation have put their name on the national Mr. REID. I announce that the Sen- Act, DNCIA. That statute authorized ‘‘telephone preference service’’ reg- ator from North Carolina (Mr. the FTC to collect fees sufficient to istry. The FTC has expressed no inten- EDWARDS), the Senator from Florida create and administer the database. tion of attempting to pre-empt such (Mr. GRAHAM), the Senator from Massa- The Consolidated Appropriations Act state systems, and I hope that federal chusetts (Mr. KERRY), and the Senator passed a month earlier also authorized agencies continue to respect the efforts from Connecticut (Mr. LIEBERMAN) are the FTC to collect fees for the enforce- and institutions established at the necessarily absent. ment and implementation of the pro- state level. Federal agencies should not I further announce that, if present gram, estimated at $18.1 million for fis- be in the business of undercutting state and voting, the Senator from Massa- cal year 2003. With this history, it is as efforts that are pursuing these same chusetts (Mr. KERRY) would vote clear as day that Congress has at least goals. ‘‘aye’’. Those goals are simple and laudable. ratified the FTC’s view of its statutory The PRESIDING OFFICER. Are there People should be able to enjoy the authority to create the Do Not Call any other Senators in the Chamber de- peace and quiet of their own homes, list. Simply put, the district court de- siring to vote? undisturbed by unsolicited sales calls. cision yesterday was wrong. The result was announced—yeas 95, Mr. President, the public response Of course, some consumers welcome nays 0, as follows: and support for the Do Not Call pro- such calls, and they certainly should be gram have been tremendous. Ameri- able to receive them. But for the thou- [Rollcall Vote No. 365 Leg.] cans have voluntarily registered over sands of Vermonters, and the millions YEAS—95 50 million phone numbers on the data- of other Americans, who do not want to Akaka Brownback Collins Alexander Bunning Conrad base. They have waited a long time for receive such calls, the FTC’s Do Not Allard Burns Cornyn this measure to finally be imple- Call Registry is a long-awaited relief. I Allen Byrd Corzine mented. Months ago, they began add- understand that more than 50 million Baucus Campbell Craig ing their phone numbers to the list households have signed up, many of Bayh Cantwell Crapo Bennett Carper Daschle with the expectation that on October 1, them, on-line, to be included in the Do Biden Chafee Dayton finally, the calls would stop. That is Not Call Registry, which is set to begin Bingaman Chambliss DeWine why we must act decisively to reverse its operations next week. This is an as- Bond Clinton Dodd Boxer Cochran Dole the court decision. It adversely affects tonishing number of people, and this Breaux Coleman Domenici millions of people. It thwarts a good overwhelming response to the FTC’s

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11967 Dorgan Kohl Reid he has embarked on a very impressive bara Project Outreach for several Durbin Kyl Roberts legal career and served the people of years. He also founded Positive Impact Ensign Landrieu Rockefeller Enzi Lautenberg Santorum my State with distinction. He cur- Program in 1998, a program in which Feingold Leahy Sarbanes rently is a judge on the San Diego Su- the court, its staff, the Bar Association Feinstein Levin Schumer perior Court. of North San Diego County, the local Fitzgerald Lincoln Sessions He is a graduate of San Diego State DAs office and others partnered with Frist Lott Shelby Graham (SC) Lugar University and the McGeorge School of the local school districts to educate Smith Grassley McCain Snowe Law at the University of the Pacific. fifth graders about the justice system. Hagel McConnell Beyond his service on the bench, he The program involved a class cur- Harkin Mikulski Specter Hatch Miller Stabenow is very involved with the community, riculum, school assembly, mock trial, Hollings Murkowski Stevens receiving commendation from the Pan tour of the courthouse, and essay con- Hutchison Murray Sununu Asian Lawyers of San Diego for his test and reached approximately 6,000 Inhofe Nelson (FL) Talent students in lower socioeconomic neigh- Inouye Nelson (NE) Thomas community outreach efforts. Jeffords Nickles Voinovich The Southern District will benefit borhoods. Johnson Pryor Warner greatly from the exemplary services of The Southern District of California is Kennedy Reed Wyden Judge Sabraw, and I fully support con- the busiest Federal district in the Na- NOT VOTING—5 firmation of this nominee. tion. In light of their demanding case- Edwards Gregg Lieberman The PRESIDING OFFICER. Who load, the Judiciary Committee expe- Graham (FL) Kerry yields time? dited consideration of nominations to The bill (H.R. 3161) was passed. Mr. DORGAN. Mr. President, we the Southern District. The Judiciary Committee held hearings for Dana f yield back the remainder of our time. Mr. SANTORUM. We yield back our Makoto Sabraw and Judge Burns, also EXECUTIVE SESSION time. nominated to this Southern District, Mr. HATCH. Mr. President, I rise just before the August recess and they today to voice my support for the nom- were unanimously reported by the Ju- NOMINATION OF DANA MAKOTO diciary Committee at our first meeting SABRAW, OF CALIFORNIA, TO BE ination of Dana Makoto Sabraw for the United States District Court for the on September 4. That was 3 weeks ago. A UNITED STATES DISTRICT It is unfortunate that Judge Sabraw JUDGE Southern District of California. Judge Sabraw has nearly two decades has been pending on the floor all The PRESIDING OFFICER. Under of experience as a litigator and as a ju- month but I am pleased that we are the previous order, the Senate will pro- rist. He began his legal career as an as- voting on him today. Two more nomi- ceed to executive session to consider sociate with the firm of Postel & nees to two additional vacancies re- calendar No. 359, which the clerk will Parma in 1985, then joined the nation- cently created for the Southern Dis- report. ally recognized firm of Baker & trict of California were voted out of the The assistant legislative clerk read McKenzie in 1989. Judiciary Committee today. Senator FEINSTEIN also deserves the nomination of Dana Makoto In 1995, he was appointed to the much credit for working so hard to cre- Sabraw, of California, to be a United North County Municipal Court of San ate these additional judgeships in the States District Judge for the Southern Diego County, where he was named Department of Justice authorization District of California. Presiding Judge in 1998. That same Under the previous order, there will we passed in 2002. These judgeships are year, he was appointed to the San among those we created for border dis- now be a period of 4 minutes for debate Diego Superior Court, and in 2000 was equally divided between the leaders or tricts that have a massive caseload and named Criminal Presiding Judge. that needed more Federal judges. We their designees. Judge Sabraw is a proven scholar, a The Senator from Kentucky. did what the Republican majority re- disciplined judge, and a noted humani- Mr. MCCONNELL. Mr. President, I fused to do in the years 1995 through tarian. He will make an outstanding ask unanimous consent the next two 2000 when there was a Democratic addition to the Federal bench of the votes be limited to 10 minutes each. President, namely, create additional The PRESIDING OFFICER. Without Southern District of California. I urge needed judgeships for the Southern objection, it is so ordered. my colleagues to join me in supporting District of California. We did so under The Senator from California. his nomination. Senate Democratic leadership with a Mrs. BOXER. Mr. President, I am Mr. LEAHY. Mr. President, I am Republican President. They have been pleased to offer my support for the pleased that we are now turning to the available to be filled since July 15. The nominee for the Southern District nomination of Dana Makoto Sabraw expedited path of Judge Sabraw’s nom- Court of California, Dana Makoto for the Southern District of California. ination demonstrates the fact that the Sabraw. This well-qualified nominee is the Senate can act expeditiously when we I want to emphasize the excellent product of the exemplary bipartisan receive well-qualified, consensus nomi- process that we have in place to select commission that Senators FEINSTEIN nations on courts that need additional District Court nominees in California. and BOXER have worked so hard to judges. I regret that the nomination In a truly bipartisan fashion, the White maintain. It is a testament to their has languished on the Senate calendar House Counsel, Senator FEINSTEIN and diligence that we have such stellar for most of the month for no reason. I worked together to create four judi- nominees heading to California’s Fed- This nomination will undoubtedly be cial advisory committees for the State eral courts. confirmed without a single dissenting of California, one in each Federal judi- Judge Sabraw has served for 8 years vote in the Senate. Democratic Sen- cial district in the State. on the State trial bench. Prior to his ators have been ready and willing to Each committee has a membership of appointment to the bench, Judge vote at any time. The Republican lead- six individuals: three appointed by the Sabraw was a partner and associate at ership will have to explain to the Chief White House, and three appointed Baker & McKenzie in San Diego. In ad- Judge in the Southern District of Cali- jointly by Senator FEINSTEIN and me. dition to Judge Sabraw’s public service fornia and the people of southern Cali- Each member’s vote counts equally, as a judge, he has also been active in fornia what took so long. and a majority is necessary for rec- his community. I congratulate the California Sen- ommendation of a candidate. As an attorney, he received Certifi- ators on their outstanding work and The nominee before the Senate this cates of Appreciation from the Pan this nominee and his family on this evening was reviewed by the Southern Asian Lawyers of San Diego for his confirmation. District Committee and strongly rec- service to the association and its com- The PRESIDING OFFICER. The ommended. I continue to support this munity outreach programs and rec- question is, Will the Senate advise and excellent bipartisan process and the ognition New Entra Casa for his pro consent to the nomination of Dana high quality nominees it has produced. bono work. Also as a private attorney, Makoto Sabraw, of California, to be a Judge Sabraw has roots in my area of Mr. Sabraw provided pro bono services United States District Judge for the California, Marin County. From there, to the Legal Aid Society of Santa Bar- Southern District of California?

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11968 CONGRESSIONAL RECORD — SENATE September 25, 2003 Mr. STEVENS. Mr. President, I ask With regard to Monday’s schedule, ting in on Monday. They have faraway for the yeas and nays. we will be announcing what Monday’s points of the compass to come from, The PRESIDING OFFICER. Is there a schedule will be in terms of voting. We and some of them have made appoint- sufficient second? will have votes on Monday in the late ments that will cause them not to get There is a sufficient second. afternoon. We will have further an- in until Tuesday morning perhaps. And The clerk will call the roll. nouncements on that tomorrow. The yet we are being forced to have a mark- The assistant legislative clerk called Democratic leader and I have had dis- up on this coming Monday. This great- the roll. cussions over the course of the day, ly creates a disadvantage to many of Mr. MCCONNELL, I announce that and from where we started early this our Appropriations members. the Senator from New Hampshire (Mr. morning they have settled a lot in So I have expressed the hope we GREGG) is necessarily absent. would not have that markup on Mon- Mr. REID. I announce that the Sen- terms of looking forward to the next week and a half. I can tell all Members day. There is no great reason to begin ator from North Carolina (Mr. ED- no more rollcall votes after this vote to have this markup. But we have been WARD), the Senator from Florida (Mr. tonight, no rollcall votes tomorrow; DC pressed hard to get through these hear- GRAHAM), the Senator from Massachu- ings, and now we are being pressed to setts (Mr. KERRY), and the Senator appropriations. Mr. BYRD. Will the distinguished mark up the bill on Monday. from Connecticut (Mr. LIEBERMAN) are Many of our Members cannot be here necessarily absent. majority leader yield? I further announce that, if present Mr. FRIST. Yes, sir. Monday. So I have acquainted my lead- and voting, the Senator from Massa- The PRESIDING OFFICER. The Sen- er and my side of the aisle with this ator from West Virginia. chusetts (Mr. KERRY) would vote problem. And I have said we could have ‘‘aye.’’ Mr. BYRD. I would rather my leader a markup on Tuesday. But my wife— The PRESIDING OFFICER (Mr. propounded this question but inasmuch and I hesitate to continue to inject my COLEMAN). Are there any other Sen- as I am the ranking member of the Ap- own personal problems into this mat- ators in the Chamber desiring to vote? propriations Committee, the reason I ter—I said my wife has to have an oper- The result was announced—yeas 95, hoped all Members would sit—although ation on Tuesday morning. Not a major nays 0, as follows: there is no requirement they have to in operation, but any operation at our [Rollcall Vote No. 366 Ex.] the rules, unless the Chair insists on age—if I were 40 or 50 or 60 again, I YEAS—95 it—we have a problem. I think the full would say: You go on and have your op- Senate ought to know about it. That is Akaka DeWine Lugar eration and I’ll see you at suppertime; Alexander Dodd McCain why I have urged Senators sit if they see you tonight. That is not the way Allard Dole McConnell will; then they will be more com- she wants it. That is not the way I Allen Domenici Mikulski fortable. I don’t know how long it will want it. Baucus Dorgan Miller last. I hope it will not last long. I have said this afternoon, speaking Bayh Durbin Murkowski Bennett Ensign Murray We have a problem in that we have to Mr. REID, and to Mr. STEVENS: If you Biden Enzi Nelson (FL) the Iraq appropriations measure before want to have this on Tuesday, go Bingaman Feingold Nelson (NE) the Senate Appropriations Committee. ahead. If I am 2 hours there or 3 hours Bond Feinstein Nickles Boxer Fitzgerald We have had hearings Monday, Tues- or 5, I will come when I can. But go Pryor Breaux Frist day, Wednesday, and Thursday in that Reed ahead and have the markup Tuesday. Brownback Graham (SC) Reid committee. There have been other The word comes back that the Repub- Bunning Grassley Roberts Burns Hagel committees that have been having licans say: OK, but there is a little Rockefeller Byrd Harkin hearings, too; I believe the Foreign Re- catch to that: We will wait till Tues- Campbell Hatch Santorum lations Committee, and I know the Sarbanes day, but you have to give consent to Cantwell Hollings Armed Services Committee has had take up the bill on the next day. That Carper Hutchison Schumer Chafee Inhofe Sessions hearings. consent could be objected to, of course, Chambliss Inouye Shelby Here is my problem as ranking mem- causing a little longer wait. Clinton Jeffords Smith ber of the Appropriations Committee. So now we are faced with: OK, you Snowe Cochran Johnson We had hearings this past Monday on Coleman Kennedy Specter can take it up Tuesday—I hope I am Collins Kohl Stabenow the Iraq bill. Our members were not not misrepresenting anyone here; at Conrad Kyl Stevens fully informed that there would be least this is the way I understand it— Cornyn Landrieu Sununu hearings on Monday but we proceeded so you can have it on Tuesday, but you Corzine Lautenberg Talent Craig Leahy Thomas with hearings, in any event. Several of have to give consent to go to it Crapo Levin Voinovich the members could not get there until Wednesday on the floor. Daschle Lincoln Warner very late. I have protested pretty con- I don’t want to enter into that deal. Dayton Lott Wyden sistently in that committee, saying we In the first place, I don’t think there is NOT VOTING—5 need more hearings, that we do not a necessity for our having that markup Edwards Gregg Lieberman need to rush that bill through. It would on Monday or on Tuesday. I think we Graham (FL) Kerry be well to have the House act, let us ought to have more hearings. I think The nomination was confirmed. see that bill so we would better know we are entitled to more hearings. I see The PRESIDING OFFICER. The ma- what amendments we should try to this bill as being ramrodded through jority leader. offer. the Senate, when there is no necessity ORDER OF BUSINESS I have urged that outside witnesses for that. Mr. FRIST. Mr. President, after the be called. Why should we just hear one I will not go into that further except next vote we will resume the DC appro- side of the question, that being, of to say, I am willing to proceed on Tues- priations bill and expect to be on the course, the administration’s position? day, but I am not willing for it to be in DC appropriations bill tonight and to- But we could be wiser, I think, if we accordance with a deal. Call it a deal. morrow. There will be further debate had outside witnesses. That has been Call it whatever you want—an agree- tonight. I encourage Members with rejected. That proposal has been re- ment, whatever—‘‘yes, we’ll do that amendments to come forward so we can jected. So we have pressed on, against if.’’ There are times when we do that continue to make progress on the DC my wishes. I believe we ought to have around here, but on this occasion I appropriations bill. more hearings. don’t think we ought to take it up on I understand the two managers will Now we come down to this point. We the floor that fast. We need more time not require any more rollcall votes on have completed what hearings we are on the floor. So I am unwilling to say: any action on the bill tonight or to- going to have, as I understand it, in the OK on Tuesday, but we will agree to morrow. Thus, the next rollcall vote Appropriations Committee. taking it up on the floor on Wednesday. will be the last rollcall vote for tonight Now the pressure is on to have the So here we are, Thursday afternoon, and for tomorrow. Again, we will be in bill marked up. When? Monday. We all with no votes tomorrow, I guess, and session tomorrow for further debate on know that Senators, in recent years es- many Members going home, and a Jew- the DC appropriations bill. pecially, are more likely to be late get- ish holiday tomorrow. Here we are

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11969 under this kind of pressure: You can couraged me to allow for adequate would argue Tuesday, Tuesday morn- have it on Tuesday, but you have to time for debate and amendment. ing, Tuesday night, Wednesday morn- give us consent to take it up on Starting about 21⁄2 weeks ago, I made ing, Wednesday night, Thursday morn- Wednesday. it very clear that the President of the ing, Thursday night, Friday morning I understand now the—this is just my United States would shortly deliver a and Friday night, in response to that understanding—the other side is not supplemental—which was now about a emergency request for funding that the willing to go on Tuesday without such week ago—that I wanted to take 2 experts have told us is an emergency. an agreement. As I further understand weeks—and it could be longer or it To say, well, people aren’t going to it, they are saying—I may be wrong could be shorter—that we can focus on be back Monday and therefore let’s do about this, but that is what I under- it in an organized way, and an orga- Tuesday, but, no, we can’t do it Tues- stand—that the majority is saying: OK, nized way is to spend time in hearings. day because of other scheduling rea- you don’t want any deal; we will do it Indeed, after a lot of discussion, we sons, therefore, let’s put this off later. on Monday. So there is where it creates organized hearings in such a way, as I can tell you—you know this; again, I a great hardship on the part of a lot of you pointed out, that the Armed Serv- should be speaking to the Chair—if we our Senators and, I suppose, on Sen- ices Committee has had hearings on it, say Monday it is just too difficult for ators on the other side. the Foreign Relations Committee has people to come back, when there are I think we are in a quandary, and we had hearings on it, the Appropriations people at war and there are people just ought to open it up here and have Committee has had hearings on it. dying every day when we turn on the a full discussion of it rather than have And, indeed, we have had at least seven news, because of a lack of security, and the onus on me as the old plebeian sol- committee hearings in the Senate. The we know this funding supports secu- dier around here. OK. I don’t want to House is having hearings at the same rity, how can we say, it is inconvenient cause my comrades on either side to time. Monday and Tuesday? Although, again, have to come here on Monday and We have had interested parties en- I say this with deep respect for your mark this up. gaged in formal discussions coming by personal situation and your wife’s sur- There is some reason it has to be your party lunch, coming by our party gery in the morning, but we need to re- Monday or else. This bill is being lunch to have the discussion with the spond. pushed through, rammed through, and goal that we would focus on this issue. I think you know, if we wait until I think we ought to take more time on Indeed, we have done a good job this Wednesday to mark it up, or Thursday, it. I think the American people are en- week. My goal was expressed 9 days the same thing, maybe a little bit dif- titled to more time on it. ago. I didn’t know about the surgery of ferent, Thursday, and you know this, Why don’t we have more hearings? Is your wife. Although the Jewish holiday Thursday people will say, we are get- it that the majority is afraid to have begins tonight, we are not voting to- ting out of here. We don’t have time to questions asked? Do the questions morrow because of a request from your debate this. Let’s do it 2 weeks from hurt? What is the problem? Why do we side of the aisle. The Jewish holiday now. have to have this—we are just not up begins late tomorrow afternoon. But Once again, we are on recess during against it. We passed the Defense ap- because of very specific requests from that period of time. I am going to have propriations conference report today. two of your Members through the as- a hard time leaving here on recess with I would like to know, I say to the sistant leader, we are bowing down the American people saying: The Presi- leader, why we have to mark up this once again to you for scheduling, which dent of the United States delivered this bill in the Appropriations Committee is fine, and I agree. If they need to urgent request to you for funding, and Monday or Tuesday, and why, if we travel back and there is no other way have the news every day of people push it—if the majority is willing to go to get back, I am going to pay respect dying, with people having told us that over to Tuesday—why they are going to their religion, just as I want to pay it does have to do with security and to exact that pound of flesh: OK, we respect to you in every regard we can. the war on terrorism. That is the why will go over, but let us take it up on So there goes your Friday. So don’t and the reason. the following day. blame us on that. I don’t think that is I think we just need to be addressing I am not willing to do that. If it were fair. It is not fair as we go forward, if this up front. The dialog between our absolutely necessary to do that, I you are looking at equity or fairness. leadership has been good. I know it is would be willing to do it. But that is On this floor about 2 months ago—it challenging our committee members not necessary. And in all my years was a little bit later at night—you with all of the hearings we have had here, I have never—I have never—seen came to me and said: We can’t operate day in and day out. I know people are the Appropriations Committee of the this place working 2 days a week or 3 worn out. But it is a war, and it is a Senate, and especially the minority— days a week. And I agree. You have war on terrorism. I think the American this place is for the protection of the been in this particular situation in people deserve that debate on the floor minority, a minority of Senators. I terms of scheduling. You know it is of this body—freely debating, freely have said that many times. challenging, just like votes for tomor- amending, starting as soon as we can But to jam us up here against a Sun- row. That is why 9 days ago I said, we that is reasonable. That is why I con- day and a Jewish holiday just pre- are going to spend all next week on the tinue to request that the Appropria- ceding it, and then to come in here and floor, if possible, debating and amend- tions Committee mark up the bill Mon- say, you have to have this markup on ing freely. And the Democratic leader day, if it can—if it can’t, it is just con- Monday or you have to let us take it up and I talked earlier today. We want to venience. I think that is hard to an- on the floor on Wednesday, I have to stay on the bill. We don’t want any swer—or Tuesday. And then there is no say, I think that is very unfair. I have trips or punches thrown that are not quid pro quo. I would like to get it to argued this out in the committee under fair, but we will have a good discussion the floor so people can debate it before the public eye, and I have talked with through next week. My objective is to we go on recess in the next few weeks. my colleague, Senator STEVENS. I know bring it to the floor. But if there is objection to bringing it he is under great pressure. The question as to why? Because we to the floor, that is your right as we go I would hope to have a response to are in a war. We are in a war against forward. But I do want the American that. More than that, I would hope we terrorism that our President has done, people to know we are ready to address would not have to mark it up Monday I think, an excellent job of spelling this bill and debate it fully, looking at or Tuesday. out. He has delivered to us, on behalf of everybody’s schedule in a very personal The PRESIDING OFFICER. The ma- the 150,000 military men and women way. The reason is, we are at war. That jority leader. there, a call for emergency funding is it. Mr. FRIST. Mr. President, the ques- through a supplemental that, although Mr. BYRD. Mr. President, will the tion is really centered on the debate, there is disagreement, the administra- distinguished leader yield further? which we want to do in a thorough tion has said it is urgent we address. Mr. FRIST. Yes. way. And the distinguished Senator Thus, when we can work on Monday, Mr. BYRD. Let me emphasize I am from West Virginia, from day 1, has en- we should work on Monday. And I not asking that it be put off until

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11970 CONGRESSIONAL RECORD — SENATE September 25, 2003 Tuesday because of my wife’s little NOMINATION OF MICHAEL W. gree from BYU’s J. Reuben Clark Law problem. I said, go ahead, if I am 2 MOSMAN TO BE UNITED STATES School. hours or 3 hours or 5 hours, I will get DISTRICT JUDGE With his academic and legal back- there when I can. I would rather you The PRESIDING OFFICER. The ground—both in private and public didn’t, but in any event, if you do, I am clerk will report the nomination. practice—Mr. Mosman will bring a going to be with her. That is an easy The assistant legislative clerk read wealth of knowledge and, most impor- choice for me. But I didn’t intend to the nomination of Michael W. Mosman, tantly, compassion to the bench. In get into the debate about the so-called of Oregon, to be United States District 2001, Senator WYDEN and I convened a war on terrorism as being the war in Judge for the District of Oregon. bipartisan blue ribbon panel to inter- Iraq. I won’t do that now. But the dis- Mr. HATCH. Mr. President, I rise view applicants for the position of U.S. tinguished majority leader has opened today to express my unqualified sup- attorney—our unanimous No. 1 rec- an avenue for a great deal of debate in port for the nomination of Michael ommendation was Mike Mosman. Ear- which I will partake, if the good Lord Mosman for the United States District lier this year, we convened another bi- lets me live. I am not going to lie down Court for the District of Oregon and to partisan blue ribbon panel to interview and roll over for that argument that, urge my colleagues to confirm this fine applicants for the U.S. District Court. oh, we are in a war and we have to nominee. Once again, our unanimous No. 1 rec- press ahead here; we have people dying Mr. Mosman has excellent academic ommendation was Mike Mosman. and so on, and we have to do this on and professional qualifications for the It is, therefore, with great pleasure Monday or Tuesday. I am as concerned federal bench. After graduating magna that I highly recommend to you my about the people dying as is the distin- cum laude from the J. Reuben Clark friend, Mr. Mosman, and urge my col- guished majority leader. I was not for Law School at Brigham Young Univer- leagues to vote in favor of his con- sending our people over there to die. sity, he clerked first for D.C. Circuit firmation as United States District But we won’t get into that here. The Judge Malcolm Wilkey and then for Judge for the District of Oregon. distinguished Republican leader Supreme Court Justice Lewis Powell. Mr. LEAHY. Mr. President, I ask for brought that up. Mr. Mosman also has impressive the yeas and nays. I am only saying I would hope that courtroom experience. As an Assistant The PRESIDING OFFICER. Is there a we would stage the markup at a time U.S. Attorney and U.S. Attorney for sufficient second? when we could have full attendance on the District of Oregon, Mr. Mosman both sides. has worked on cases in all four pros- There appears to be a sufficient sec- ecuting units in his office: narcotics, ond. Mr. NICKLES. Will the majority violent crimes, organized crime, and leader yield? The PRESIDING OFFICER. Is all fraud. He has tried about 50 cases, in- time yielded back? Mr. FRIST. I am happy to yield. cluding large multidefendant drug con- Mr. LEAHY. I yield back my time. Mr. NICKLES. There is a nomination spiracies, international money laun- The PRESIDING OFFICER. All time of Judge Mosman. I wonder if it would dering, multimillion dollar counter- is yielded back. be possible to vote on that nomination feiting cases, and multidistrict immi- by voice vote or begin that vote mo- gration fraud. The question is, Will the Senate ad- mentarily for the convenience of all Mr. Mosman also displayed stellar vise and consent to the nomination of Members? leadership and integrity in the wake of Michael W. Mosman, of Oregon, to be Mr. FRIST. Mr. President, I am the September 11 tragedy. He deftly United States District Judge for the happy to propound that unanimous guided his office in the apprehension District of Oregon? The clerk will call consent request for a voice vote on the and prosecution of several would-be the roll. judge under consideration. terrorists, all the while taking steps to The legislative clerk called the roll. The PRESIDING OFFICER. The ensure that those individuals’ civil lib- Mr. MCCONNELL. I announce that Democratic leader. erties were not violated. the Senator from Missouri (Mr. BOND), Mr. DASCHLE. Mr. President, the Mr. Mosman is an exceptional nomi- the Senator from Kentucky (Mr. BUN- ranking member is not here. I am sure nee. He merited an ABA rating of NING), and the Senator from New if he was, he would ask that we have a unanimously well-qualified, and I fully Hampshire (Mr. GREGG) are necessarily rollcall vote. We ought to. expect him to serve with distinction on absent. the federal bench in Oregon. Let me just say, I don’t think there I further announce that if present Mr. SMITH. Mr. President, I rise and voting the Senator from Kentucky is any question that we have to move today to speak about my good friend (Mr. BUNNING) would vote ‘‘yea’’. forward and have an opportunity to de- and fellow Oregonian Michael Mosman. bate this in a much more meaningful Recently, the ABA rated Mr. Mosman Mr. REID. I announce that the Sen- and thorough way. The way we will do as well qualified for the position of Dis- ator from North Carolina (Mr. that is through a markup in the Appro- trict Court Judge. Those of us from Or- EDWARDS), the Senator from Florida priations Committee and through votes egon, however, have long been aware of (Mr. GRAHAM), the Senator from Massa- on the Senate floor. Throughout the Mr. Mosman’s stellar legal credentials chusetts (Mr. KERRY), and the Senator day the majority leader and I have and talents. It would be an honor to from Connecticut (Mr. LIEBERMAN) are been trying to figure out a way to work have Mr. Mosman serve our state as necessarily absent. through the schedule, and it is obvious the next U.S. District Judge in Oregon. I further announce that, if present there are differences of opinion about He has distinguished himself as a lead- and voting, the Senator from Massa- what the schedule should entail. Yes, er in our state and in the legal commu- chusetts (Mr. KERRY) would vote there should be more hearings. Yes, nity. Since 1988, Mr. Mosman has ‘‘aye’’. there ought to be more accountability worked for the United States Attor- The PRESIDING OFFICER. Are there as to how we make these decisions. If ney’s office in Oregon. First joining the any other Senators in the Chamber de- we had our choice, we would bifurcate Department of Justice as an Assistant siring to vote? this request, send the money to the U.S. Attorney, he was subsequently The result was announced—yeas 93, troops to make sure they get all they promoted to the position of U.S. Attor- nays 0, as follows: need to conduct their responsibilities, ney for the District of Oregon in 2001. [Rollcall Vote No. 367 Ex.] but then have a more deliberate and In addition to his public service, Mr. thoughtful debate about this aid for re- Mosman has worked in private practice YEAS—93 construction. That would be our desire. with the Portland law firm of Miller Akaka Breaux Cochran We will have amendments in that re- Nash LLP. He clerked for Judge Mal- Alexander Brownback Coleman Allard Burns Collins gard whenever the bill comes to the colm Wilkey of the U.S. Court of Ap- Allen Byrd Conrad floor. peals for the DC Circuit—and for U.S. Baucus Campbell Cornyn We need to get on with the vote on Supreme Court Justice Lewis Powell. Bayh Cantwell Corzine the judge, and then we will talk further Graduating with highest honors, he re- Bennett Carper Craig Biden Chafee Crapo about schedule as the schedule presents ceived his undergraduate degree from Bingaman Chambliss Daschle itself. Utah State University and his law de- Boxer Clinton Dayton

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11971 DeWine Jeffords Pryor DISTRICT OF COLUMBIA APPRO- today on the DC bill. This policy, not Dodd Johnson Reed Dole Kennedy Reid PRIATIONS ACT, 2004—Continued from the House but from the White Domenici Kohl Roberts Ms. LANDRIEU. Mr. President, I House, says this: We like the DC bill, Dorgan Kyl Rockefeller thank the leadership on both sides for basically. I am paraphrasing the first Durbin Landrieu Santorum part. The administration looks forward Ensign Lautenberg Sarbanes allowing us the opportunity to get Enzi Leahy Schumer back to the DC appropriations bill, a to working with Congress to ensure its Feingold Levin Sessions bill Senator DEWINE and I have worked priorities and amounts of money are Feinstein Lincoln Shelby very hard on over the last, actually, within the overall budget goal. Fitzgerald Lott Smith several months. We are very proud of Additional Administration views regarding Frist Lugar Snowe the Committee’s version of the bill are, [No. Graham (SC) McCain Specter so many portions of this bill that do 1], School Choice Incentive Fund. Grassley McConnell Stabenow such good work for the District, and do Hagel Mikulski Stevens The Administration is pleased the Com- Harkin Miller Sununu so in conjunction with the leadership mittee bill included $13 million for the Presi- Hatch Murkowski Talent of the District and the residents of the dent’s School Choice Incentive Fund. This Hollings Murray Thomas District. So we are thankful that as it innovative reform will increase the capacity Hutchison Nelson (FL) Voinovich has worked out today, we can actually of the District to provide parents—particu- Inhofe Nelson (NE) Warner larly low-income parents—with more options Inouye Nickles Wyden get back on this bill. It is my hope, and I think the chair- for obtaining a quality education for their NOT VOTING —7 man of this committee shares this children who are trapped in low-performing schools. The Administration appreciates the Bond Graham (FL) Lieberman goal, since there are a couple of points Bunning Gregg Committee’s support for strengthening the Edwards Kerry in this bill that warrant further de- District’s school system and strongly urges bate, the most obvious one being the the Senate to retain this initiative. The nomination was confirmed. issue of education improvement in the The PRESIDING OFFICER. Under The puzzling thing about this is the District of Columbia, it would be my White House has said they support the the previous order, the motion to re- idea, and I hope it is shared by my col- consider has been laid upon the table. Mayor’s position. The Mayor was on leagues and even on the other side, the floor today. Mayor Williams is one The President shall be immediately no- that we give as much time to this de- of the most honorable people I know. tified of the Senate’s action. bate as possible because it is a very im- He is a reformer for public education. f portant issue, not just for the District But I don’t know if the White House re- but for the whole Nation. As a public alizes that is not the Mayor’s position. LEGISLATIVE SESSION policy, we would be hard pressed to The Mayor’s position is a three- The PRESIDING OFFICER. Under find a public policy that is more impor- pronged approach: A third for vouch- the previous order, the Senate will re- tant right now, other than, of course, ers, a third for charter schools, and a turn to legislative session. national defense and homeland secu- third for improvements to public The Senator from Ohio. rity. I think we all agree the challenge schools. That is because the Mayor has to our public education system is one suggested that vouchers-only is insuffi- f that continues to warrant our atten- cient, and the Mayor has also said tion. some other things about the voucher- DISTRICT OF COLUMBIA APPRO- Tonight it is my intention, and Sen- only proposal. So I just lay this down. PRIATIONS ACT, 2004—Continued ator DEWINE understands, to speak for I ask the chairman if perhaps he AMENDMENT NO. 1787, AS MODIFIED a minute about an amendment Senator could get to the bottom of this. I don’t Mr. DEWINE. Mr. President, in re- CARPER and I want to lay down at some know why the White House wouldn’t gard to the Feinstein amendment, the time, and to talk in detail about what say we understand the Senate bill has yeas and nays have been ordered. that amendment is. He and I are pre- three clear sections on this issue. We I ask unanimous consent that order pared to talk for maybe an hour about like all those sections. We ask you to be vitiated. the details of it. keep them all in the bill. But it doesn’t The PRESIDING OFFICER. Is there I understand there are other Mem- say that. objection? Without objection, it is so bers who might want to speak tonight. I am going to have this printed in the ordered. We have no intention, obviously, of RECORD. That is why we are going to The question is on agreeing to the having the vote tonight or tomorrow, have a lot of debate on this, because we amendment. but we hope next week to proceed with have to get clear what the administra- The amendment (No. 1787), as modi- some voting on this very important tion is really asking for or advocating. fied, was agreed to. bill. I ask unanimous consent to print the The way I would like to start, just Statement of Administration Policy in f for a few moments, though, is to say the RECORD. the reason our amendment would be There being no objection, the mate- MAKING CONTINUING APPROPRIA- necessary and other amendments rial was ordered to be printed in the TIONS FOR THE FISCAL YEAR would be warranted is because the de- RECORD, as follows: 2004 bate will show the publicly stated EXECUTIVE OFFICE OF THE PRESI- Mr. DEWINE. Mr. President, I ask goals, however laudable—and we have DENT, OFFICE OF MANAGEMENT unanimous consent that the Senate read those goals in the newspaper, we AND BUDGET, proceed to the consideration of H.J. have read them in press releases, we Washington, DC, September 24, 2003. Res. 69, the continuing resolution, have heard the goals stated by the STATEMENT OF ADMINISTRATION POLICY which is at the desk; provided further voucher proponents, that the aim of (This statement has been coordinated by OMB with the concerned agencies.) that the resolution be read a third time this is to help children in failing S. 1583—DISTRICT OF COLUMBIA APPROPRIATIONS and passed, and the motion to recon- schools, poor children in failing schools BILL, FY 2004 sider be laid upon the table. have options—this debate will show the (Sponsors: Stevens (R), Alaska; Byrd (D), Mr. REID. No objection. bill itself does not actually do that. West Virginia) The PRESIDING OFFICER. Without Even with the Feinstein amendment, The Administration supports Senate pas- objection, it is so ordered. the bill does not do that. sage of the FY 2004 District of Columbia Ap- The joint resolution (H.J. Res. 69) There is another really puzzling as- propriations Bill, as reported by the Appro- was read the third time and passed. pect to this. I want to submit some- priations Committee. Mr. REID. I move to reconsider the thing for the record to show why I will While this bill exceeds the President’s re- vote, and I move to lay that motion on say it is puzzling. We received today quest by $145 million, the Administration the table. the Statement of Administration Pol- looks forward to working with the Congress to ensure that the FY 2004 appropriations The motion to lay on the table was icy. I would like to read it for the bills ultimately fit within the top line fund- agreed to. record and then explain why it is con- ing level agreed to by both the Administra- The PRESIDING OFFICER. The Sen- fusing. This is the Statement of Ad- tion and the Congress. The President sup- ator from Louisiana. ministration Policy that was issued ports a discretionary spending total of $785.6

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11972 CONGRESSIONAL RECORD — SENATE September 25, 2003 billion, along with advance appropriations Before I do that, I will give a very with the Republicans’ help and the for FY 2005—consistent with his Budget and brief history of how we got here be- Democrats’ help, let us show the coun- the FY 2004 Congressional Budget Resolu- cause it will help to set this debate. try what we meant when we passed the tion. Only within such a fiscal environment Three years ago we were in what I bill. They don’t believe it. Neither can we encourage increased economic growth and a return to a balanced budget. The Ad- would call a quandary in public edu- sides believes it. So let us show them ministration looks forward to working with cation in the Nation. That quandary what we meant. Instead, we get the the Congress to ensure that its priorities are was this: Our schools were improving same old, tired, worn out, inadequate met within that overall total. but not fast enough. We had a lot of vouchers—vouchers, vouchers. Additional Administration views regarding kids who needed help. We really had to Mr. CARPER, the Senator from Dela- the Committee’s version of the bill are: do something. ware, and I, and others who worked SCHOOL CHOICE INCENTIVE FUND There were a group of people who very closely, think we are not hearing The Administration is pleased the Com- wanted to give up on public schools and correctly. We think this couldn’t pos- mittee bill includes $13 million for the Presi- go to vouchers and say we can’t, we sibly be. So we tried. The chairman dent’s School Choice Incentive Fund initia- tried, nothing is working, let’s go to could not have been more gracious. We tive. This innovative reform will increase vouchers. There was a group of people tried. We think maybe it is something the capacity of the District to provide par- who said no, what we need is just more we don’t understand. So we tried to ents—particularly low-income parents—with more options for obtaining a quality edu- money, the same thing, pump the talk. The talks aren’t going very well. cation for their children who are trapped in money in and more resources will do it. So we think: Let us just put it down low-performing schools. The Administration Both proposals were rejected. They in an amendment form and see maybe appreciates the Committee’s support for were rejected by a broad-based coali- if we are missing something. This is strengthening the District’s school system tion of Democrats and Republicans who our amendment. I will read for the and strongly urges the Senate to retain this rejected both. We said no to vouchers RECORD what the gist of the amend- initiative. which will undermine public schools; ment is because it is very simple. To- FEDERAL FUNDING FOR DC no, vouchers will not work. And, no, morrow I will have this blown up so The Administration applauds the Com- just dumping more money in the sys- when I speak on it next week people mittee for fully funding the President’s re- tem, as much needed as the money is, can see what it is. quest for $17 million for District resident tui- just dumping money is not going to This is what we said. Even though tion support, as well as $15 million for emer- help. you don’t want to fund title I in the gency planning and security costs in the Dis- trict. We found a third way called Leave No District, you don’t want to double the Child Behind which the President him- amount of charter schools, you don’t ATTORNEY’S FEES UNDER THE INDIVIDUALS self led. Many of us were proud to work want to have private contracts which WITH DISABILITIES EDUCATION ACT (IDEA) with him to do that. We crossed party the law allows, you don’t want to in- The Administration is pleased that the Committee has retained the provision that lines. Republicans went to the Demo- crease tutorial services, you don’t want caps the award of plaintiff’s fees in cases cratic side. Democrats went to the Re- to have afterschool, you don’t want to brought against the District of Columbia publican side. There were great coali- have early childhood, we will just take Public Schools (DCPS) under IDEA. The Ad- tions forged to get that done. what the administration thinks—or ministration strongly supports the education Here we are not even 2 years into what the voucher proponents think— of children with disabilities according to the Leave No Child Behind and there are and we will just go back to see if we principles embodied in IDEA, and it is in the still grumblings on both sides. You can can make vouchers work. best interest of the District’s children if understand why. The money we prom- We say: OK. We will do a couple of DCPS uses its limited resources to improve its special education programs rather than ised isn’t forthcoming. So people have things. If you will agree that the same pay excessive attorneys’ fees. a legitimate argument. They say: We children will take the same test be- haven’t received the money. I under- cause the administration was very LOCAL BUDGET AUTONOMY stand. I keep saying: Let us go forth. strong on tests—they wanted the same The Administration continues to support local budget autonomy, which would free the I know people want vouchers. No test—that took a little work but we fi- District’s local funds from any delay in the matter what we do, they want vouch- nally got the same test. appropriations process past the beginning of ers. They want them yesterday, today, Then they said last year that it is the fiscal year. We appreciate Congress’ con- and tomorrow. That is just what they very important for teachers in public sideration of this proposal and recognize want. schools to have a college education. Congress would continue to ensure respon- Here we are with Leave No Child Be- That was a big deal. We said, yes, at a sible use of Federal and local funds through hind. One would think if the adminis- minimum. They can have alternative the enactment of the District’s annual ap- tration wanted to prove something, certifications but you have to have a propriations bill. they would try to prove it anywhere in college education. Let us have a col- OTHER ISSUES the country—the District, New Orle- lege education for teachers who would The Administration is disappointed that ans, Louisiana, Ohio—that Leave No be teaching students using public the Senate version of the bill modifies cur- Child Behind could work. money to go to private schools. That rent law with respect to allowing local funds There is some confusion. From my to be used for needle exchange. has been agreed to. The Administration is concerned with the point of view, I think what would come Because one of the problems with number of unrequested earmarks contained out of the President’s proposal is some- this debate is that nobody has the re- in the Committee bill, including $20 million thing like this: I am sorry. We are search to tell whether it really works provided to the District of Columbia Chief short of money. I am sorry. We can’t or not—we agree with that—we said, Financial Officer for a variety of unspecified fund everything that we thought we let us have a very rigorous evaluation projects. could fund, but let me just give enough so that after 5 years we would know for Ms. LANDRIEU. I would like to start money to the District of Columbia, sure, I mean for positive. with the Landrieu-Carper amendment which is a city and a symbol, and let Let me speak for a minute about that we will offer at some time, and de- me fully fund Leave No Child Behind. this. The Milwaukee program has been scribe again why it is puzzling that we Let me double the amount for charter going on for 13 years. There are 11,000 are having difficulty with the adminis- schools. Let me push contracts for pub- children in vouchers and there are tration and the voucher proponents lic schools. Let me increase tutorial 89,000 children who aren’t in vouchers. coming to some agreement. I am going services. Let me have afterschool and The Senators from that State can talk to read the simple text, and without let us implement early childhood edu- more about the details than I can. But any rhetoric or signs or charts or any- cation. what I do know about it is many stud- thing, I am going to read the text of it As a person who helped write the bill ies have been conducted, and there is because it is quite simple. I want the that laid those principles down, that is still no definitive data that I have been people who are listening—and, of what I would fully expect. I would have able to find—that anybody has been course, there is alot of interest in stood shoulder to shoulder with him, able to find—about whether those chil- this—to understand what basically has and I would have said with the Mayor’s dren are doing better academically. been rejected. help, with the Congresswoman’s help, There is some evidence to suggest that

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11973 some parents are happier and more sat- bors or go into your savings account, What we began in his last term and I isfied. I acknowledge that. That is very but we can’t put up the other $7,500. tried to do in the 8 years I was privi- good. Senator CARPER and I thought it leged to serve as Governor was to focus I remind this body that we did not would be reasonable to say the vouch- more on raising student achievement start down this road to make parents er—no matter where you get the than on anything else. We were willing happy. That is not what the President money—has to get the kid in the to experiment rather boldly to try to said. We want parents to be satisfied. school. accomplish that. We established rig- We want parents to be satisfied, but The seventh thing we asked was—be- orous academic standards, not stand- that is not the goal. It is desirable. But cause this White House, when we were ards in math, science, English, and so- the goal is a quality education with debating Leave No Child Behind, in- cial studies that the politicians public accountability because public sisted on yearly progress reports for thought were important, but we gath- dollars are being spent. We don’t know children in public schools—we would ered the best teachers in the State, the after 13 years. like to craft a way to make sure these best scientists, to develop academic We said: OK. Let us have an evalua- 2,000 slots available that we are talking standards of what we expected kids to tion component. The evaluation com- about, where they take the same test know at different grade levels in their ponent in this bill, to date, is inad- that has been agreed to—we would academic careers. equate to, even after 5 years, give us have these yearly progress reports as We wanted to test students objec- those answers, and we think that is a defined by Leave No Child Behind. The tively, measure whether they were real problem. same reports, no difference. No, I am making academic progress to the This is the most important. All of sorry, we can’t do that. We cannot have standards. We wanted to be objective. these are important, but this is really yearly progress reports. So, again, ac- And, finally, we wanted to make sure the telling portion of why I think we countability is out the window. we held everyone accountable—stu- are at a real standstill and a cross- And finally, our amendment said, dents, schools, school districts, even roads. OK, we do not believe this should be a the educators. Trying to hold parents We said in our amendment that you Federal mandate. We are being told by accountable would be the hardest part say you want to limit this or you want the voucher opponents, that the city of all. During the course of those reforms, to help children who are in a trap. That wants this; it is the choice of the city. we sought to identify what was work- is what this says. I want to read it I said, fine, remove the language that ing to raise student achievement. Did again. This is the administration’s pol- makes the money contingent because smaller class sizes work? If so, the idea icy. This is for children who are in committee I asked the Senator han- was to replicate that and do that in trapped in low-performing schools, dling the bill if he could just state for other schools. We eventually found which would mean trapped in failing the record: Does Mayor Williams have that smaller class sizes in kindergarten schools. That is what we can do in a choice? In other words, in order to and classes for age 7 had the most im- Leave No Child Behind. We said no get any money, does he have to take pact. more of this. You have to be good. If the voucher money? To get any money, We learned investment in early child- you are not good and you are a failing does he have to take vouchers? The an- hood paid huge dividends and con- school, you need improvement or you swer was yes. cluded that in the first 6 years of our have to close and be reconstituted. We I and others strongly opposed forcing life, by the time we are age 6 and in said let us limit it to children in fail- any city, anywhere, at any time, being first grade, we have learned about half ing schools. That is part of our amend- held hostage by voucher opponents of what we are going to learn in our ment. that would say: We are happy to give lives. If we waste the first 6 years, it is The word back so far is, no, I am you $40 million; we are glad to give you hard to catch up later on. sorry we can’t limit this to children in $20 million; we are glad to give you $8 We learned that if we can harness failing schools because we want this to million; but you have to institute a technology, we can help equalize the be available to children in all schools. voucher program. And not just vouch- playing field for a whole lot of kids. We The sixth provision that we asked is ers for children in failing schools, but learned that it is not just enough to to make sure all the civil rights laws you must have a voucher program for hook up classrooms to the Internet. It which are required in Leave No Child children in all schools. is not enough to have even decent com- Behind are adhered to. The other side That proposal will not pass with puters. If you do not have teachers said that wouldn’t be a problem. We as- much Democratic support, let me as- comfortable in using the technology to sumed that would be fine. But it is not sure Members. bring the outside world into the class- in this bill. This has been rejected today. Maybe room and making the learning come The other part of our amendment cooler heads will prevail. The Senator alive and using it effectively as a tool, says make sure the scholarship itself— from Delaware and I are still open to the money for all the wiring and the whether it is $7,500 or $3,500 or $1,000— discussion. Why? I would stay here all computers is money that is not well is sufficient to actually get a child by night, all next week, all next month, spent. Teachers have the professional lottery from a failing school into an- all next year. My children are home; I development and the familiarity of other school. The school can’t discrimi- would like to get home. His children using this technology lining up with nate. The child gets to go. But that are home. But that is how important the curriculum, the lesson plan, and language was rejected. this education reform is for this coun- making the learning come alive. I don’t know what the other side is try. It was a hard fought victory and a We learned in the course of our ex- thinking. If a school costs $15,000 and wonderful victory and a powerful vic- periments in Delaware that all kids the voucher is only worth $7,500, we tory. can learn. Some learn more quickly can’t figure out how that child gets to The ink is not even dry and we are than others. Mary might learn faster the school if their voucher is only talking about undoing it, unraveling it, than Tom, but Tom could learn. He worth $7,500. We wanted to make sure undermining it. I don’t understand it. just might need extra time or be that the voucher would be received as Senator CARPER will talk, and then I taught in different ways. We learned payment in full so a parent couldn’t be will finish with a few more comments maybe longer school days are helpful told: We would love to take your child about our amendment. I would like for doing that, afterschool programs, into the school but your voucher is Senator CARPER to explain from his and maybe summer schools. We have only worth $7,500 and we need $15,000. I perspective what our amendment hoped schools, for example, for kids who are am sorry. Our private scholarship fund or sought to do. entering ninth grade. We can bring is out of money. We would love to help Mr. CARPER. I thank the Senator those kids in for a month or so in the you, Ms. Jones. We really know that from Louisiana for yielding. Before I summer before they go into ninth your two sons would do great in our was elected, I served as Governor of grade, put them in a summer academy, school. We would love to give them Delaware for 8 years, following Mike and they have a better chance of help- vouchers. You can either have a bake Castle, who launched near the end of ing the kids to meet the standards they sale or raise money from your neigh- his second term education reform. need in ninth grade.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11974 CONGRESSIONAL RECORD — SENATE September 25, 2003 We did all this in an effort to try to ficient, and the students there—for 1 talking—I think it was maybe in learn what worked to raise student year or 2 years or 3 years or 4 years— July—about this experiment with achievement. We did so because we do not demonstrate adequate yearly vouchers in the District of Columbia. wanted to be able to invest the limited progress, or those schools do not show If you bear with me, I want to see if dollars that we had in programs that progress year after year, then there are I can find that quotation. At the very would raise student achievement. Of all consequences as well. There is also least, I will give you part of it. He said the things we did in my State during help. We try to provide extra help: words to this effect: It is the taxpayers’ the time that I served as its Governor, extra money, tutorial assistance, that money. We want to know. We want to preparing the workforce for the 21st kind of thing. But in the end, if there know in a public school or in a private century was most important. If we are is not progress, we do not want to con- school whether or not the children are going to be successful as a nation, it tinue to throw good money after bad. learning. will be because we prepare and create a I want to talk about an area we got Bear with me just for one moment. workforce that is able to beat any hung up on, and it is a little com- The quote is too good to miss. I will workforce in the world. plicated; but I want to take a minute find it, and then I will be able to read What does that have to do with what to talk about it anyway. I said earlier, it in its entirety. Here is what the we are talking about? The schools in if you have kids in public schools in President said. And again, this is from the District of Columbia are not doing this District of Columbia who are not July of this year. I am going to read it the job for many of the kids who live making adequate yearly progress, because I think he has it right. This is there. The public schools in this Dis- there are consequences for those absolutely on the money talking about trict are not doing the job for many of schools. There are efforts to help them, his vision for a DC voucher program. the kids who live there. And a good but there are also consequences. This is what he said: For charter schools here, if kids are deal is being done to try to turn that not making progress, if you continue The same accountability system applies to around. This District has begun to ex- year after year to fall short, there are the recipient school as it does the public periment rather boldly with charter schools in Washington. After all, it’s tax- consequences for that school, and in schools, some of the things I talked payers’ money. We want to know. We want the end fairly severe ones. If instead of about earlier—extra learning time, to know in a public school or a private taking this $13 million and distributing technology, and professional develop- school whether or not the children are learn- it in vouchers to send the kids to, let’s ing. ment—in order to raise student say, 80 different schools—instead of achievement. They have a long way to I could not have said it better myself. doing that, with maybe 25 kids to a The negotiations we have had with go. school—instead, we are going to take As we dealt with the issue and tack- our friends on the other side—and I that $13 million and fund one new led the issue of leaving no child behind just want to say to Senator DEWINE, I school for 2,000 kids, and maybe have 80 in a failing school, we did not say that said this privately, and I will say it classrooms, with 25 kids in a class- the Federal Government would go out publicly, I very much admire the way room, if we use the $13 million in that there and establish academic stand- he and Senator LANDRIEU work to- way, we would expect that school and ards. We said, we will let the States es- gether as the chairman of the sub- those students under No Child Left Be- committee and as ranking member. I tablish their own academic standards. hind to make progress and to make Let them figure it out and know what thank them very much for the good adequate yearly progress. And if they faith that I think they and their staff they should be doing. We said the same did not, under No Child Left Behind, thing about the District of Columbia. demonstrated in trying to find a mid- that school would get help. And even- dle ground on some of these complex They develop their academic standards tually, if they continue to fail, they in the District of Columbia. We do not and admittedly difficult issues. would face dire consequences. While I believe it is important that do that. Stick with me on this, if you will. the kids who will use these vouchers in No Child Left Behind also says we ex- What we propose to do with this vouch- this experimental program come out of pect kids to make progress every year. er demonstration is to take $13 million, schools that are failing—not everyone We expect all kids can learn, and over and instead of creating one school with thinks that; I think so—I think it is a period of a decade or so we expect vir- 80 classrooms, we might take the $13 important that the voucher actually tually all children to be able to reach million and give it to kids who will go offsets the cost of the tuition fully. Not the academic standards, whether it is to 80 different private schools some- everyone agrees with that. I certainly the District of Columbia, Delaware, where here in the District; and it think so. Ohio, Louisiana, or Alabama. Of the might be roughly 25 kids in each of I think the teachers in those private public schools in the District of Colum- those schools, but they add up to 2,000. bia, or Minnesota or Delaware, under Some will go to schools, and they are and parochial schools have to meet cer- No Child Left Behind, if a school does going to be tested, and they will do tain standards or credentialing quali- not meet adequate yearly progress for 1 pretty well. Some will go to schools, fications. We could probably work year, that school is essentially put on and they will be tested, under the Dis- through most of that. notice that they are deficient. trict’s test, and they are not going to We fell apart in our negotiations on If they continue to not meet the ade- do so well; and they may not do so well three points. One was this idea of: Is quate yearly progress for a second or a next year and the year after that and there some way we can fairly reason- third year, there are consequences for the year after that. ably make sure we hold those who are the failure to do so. By the fourth year, I wish it were possible somehow to using public dollars, Federal dollars— if a public school—4 years in a row, in take the results of those 2,000 kids who for the first time, I think, for vouch- any of our States or in the District of are going to be spread, in this example, ers—can we hold them accountable Columbia—fails to meet adequate year- in 80 schools across the District to ac- under No Child Left Behind, and in a ly progress, there are consequences tually bring back, to aggregate, and to way somewhat as we hold charter that can be rather severe. The school see how well they did in making ade- schools and other public school kids ac- can be closed and restructured, the fac- quate yearly progress. And as it turns countable? ulty changed, leadership changed. The out, we could actually do that. We I had a conversation with an admin- school can be transformed into a char- would not have to impose No Child Left istration official this afternoon, and I ter school. Public school choice can be Behind on the individual private thought it was a telling conversation. demanded, required, including the schools. I would not want to do that. She said to me—words to this effect— funding of transportation to other pub- But we can certainly find out how we can’t agree with doing what you and lic schools. But the consequences are those kids are doing in those private or Senator LANDRIEU want because the severe. parochial schools, and see if they are kids who are coming from these If a charter school in Minnesota, making, collectively, adequate yearly schools, who will be using these vouch- where I think charter schools may progress. ers—falling under certain income lim- have originated, or in any of the other Earlier this year—I wish I could find its; 185 percent of poverty—they are States that are represented here is de- the quotation—President Bush was going to be some of our toughest kids

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11975 to help raise student achievement and for some of the 9,400 kids who are today ured by academic performance. And to demonstrate adequate yearly in failing schools in the District, we along the way, if we could increase pa- progress. And there was just a reluc- would have eliminated a real stum- rental satisfaction and taxpayer con- tance and a fear they were setting bling block going forward. If we had fidence, that would be the best we themselves up for failure under this been able to work out with smart peo- could hope for. Yet proponents want to demonstration program. ple in the administration, smart people twist that debate, forget the account- What the President said is the same who work around here, a way to make ability piece, and just keep saying: If accountability system applies to re- sure that the same accountability or parents are happy, we have accom- cipient schools as it does to the public some comparable accountability sys- plished our goal. That is not our goal. schools of Washington, DC. tem that we used under No Child Left We want parents to be satisfied, but We have to be smart enough to figure Behind for charter schools and public that is not our goal. out a way to put that kind of account- schools—that we can apply that in the Accountability is an exercise in hope. ability plan in place in a voucher pro- way I described earlier for these 2,000 When we raise student standards, chil- gram so that it does not discourage pri- kids—if we can do that, we have elimi- dren raise their academic sights. When vate or parochial schools from joining nated a major stumbling block. children are regularly tested, teachers in this experiment. And if the kids who Senator LANDRIEU and I are reluc- know how to improve. When scores are use those vouchers and go to the public tant, though, even if we passed a meas- known to parents, parents are empow- and private schools don’t make ade- ure that had those provisions in it and ered to push for change. When account- quate yearly progress, we should not the other principle she has talked ability for our schools is real, the re- continue to fund those programs. about already, to go to conference even sults for our children are real and the One of the great frustrations for me with a good bill without the assurance taxpayers get their money’s worth. with what we are setting up here, with- that what is going to come out of con- That is what this issue is about. out the kind of provisions Senator ference will be consistent with those I will close, because my chairman has LANDRIEU and I are talking about, is we principles. I would feel pretty foolish if been very gracious, with a quote from will end up not knowing for sure at the we struck a good agreement, a sound another President, John Kennedy, on a end of the day, and for 5 years, or what- agreement that we felt proud of, and similar subject. ever, whether this actually works to went to conference and ended up with I thank, again, my chairman, who raise student achievement, comparing something else that was a horse of a has been more than gracious in terms apples and apples, oranges and oranges, different color. of the time on this, and his staff. The being able to compare those 2,000 kids We are not going to come to agree- two of us can come to a lot of agree- with another 2,000 kids in charter ment, I am afraid, on those two major ments. It is just other Members, other schools and 2,000 kids in public schools. principles that we talked about here interests. So we will soldier on. But I We will not know absolutely. And we tonight, if our friends on the other side just want him to know that he con- should know. can’t give us an assurance that even if tinues to have my greatest respect as For people who don’t like vouchers, we were, those principles would survive we work through this very important for those who think we should not put the conference. I understand that is a debate. a dime in vouchers, they should know difficult thing to do. Having said that, Let me close with a quote from a after 5 years that it works. And maybe I must say that that understanding former President on another equally we should consider, as we said, other doesn’t diminish at all my disappoint- urgent matter to sort of capture my school districts. By the same token, for ment that we have fallen short. disappointment. I am not angry, but I those who think vouchers are the best I yield back. am disappointed. President Kennedy, thing since sliced bread, it would be Ms. LANDRIEU. Mr. President, I many years ago when our Nation was great to have an experiment that dem- thank the Senator from Delaware who, faced with being left behind in the onstrated that at the end of 5 years, as usual, has described beautifully his space race, as we are challenged today maybe it does not work. And other position and the position which several being left behind in public education, schools around the State, other cities of us on this side, who are cosponsors to marshall the forces necessary to or school districts would say: They of the No Child Left Behind Act, be- achieve the goal at that time, which tried it in DC. It was a fair experiment, lieve in strongly. I would like to add to was to win the race to space and put a and it didn’t work. They could decide what he said briefly by referring to man on the Moon, said: to go ahead and have their own experi- what President Bush, 2 years ago in We possess all the resources and all the ment and do it themselves. But we August, as we were preparing for this talents necessary. But the facts of the mat- need a test and experiment that no- debate, wisely said: ter are that we have never made the national Accountability is an exercise in hope. decisions or marshaled the national re- body can question at the end of the day sources for such leadership. We have never that it wasn’t done fairly and squarely When we raise student standards, children raise their academic sights. When children specified long-range goals on an urgent time on all counts. are regularly tested, teachers know where schedule, or managed our resources and our I feel disappointed tonight. I really and how to improve. When scores are known time so as to ensure their fulfillment . . . do. I am not angry, but I am dis- to parents, parents are empowered to push Let it be clear that I am asking the Con- appointed. I have invested some per- for change. When accountability for our gress and the country to accept a firm com- sonal time. My staff has. Senator LAN- schools is real, the results for our children mitment to a new course of action—a course which will last for many years and carry DRIEU has invested a whole lot more. I are real. very heavy costs . . . [but] if we were to only know Senator DEWINE has. I don’t feel This would be part of the Landrieu- go halfway, or reduce our sights in the face good about this because we ended up Carper amendment that was, in es- of difficulty, it would be better not to go at having spent all this time without sence, rejected. So it becomes a ques- all. coming to the kind of consensus I tion, Is it just accountability for tax- He was right. We didn’t go halfway; hoped we could. I fear we will pass a payer money when it comes to public we didn’t go part of the way. We didn’t bill ultimately that will be flawed, not schools but not taxpayer money when go for 2 years and then say I am sorry, flawed in the sense of the Senate it goes to private schools? Again, let we made a mistake, let’s go to another version, but the House version, because me say, if we started out on this course proposal. We stayed the course and, be- that is a badly flawed voucher pro- with a goal, the only goal being paren- cause of that, less than 8 years later, posal. I fear we will pass something tal satisfaction, we should never have we landed a man on the moon. In June that is not what it could be. We will go started, because no amount of money in 1969, 8 years and 1 month after the to conference and what comes out of in the Treasury will ever make every speech, Neil Armstrong and Buzz conference will be a whole lot worse parent in America happy. It would be a Aldrin landed on the moon and Neil than what is being contemplated here false, foolish journey to that end. Armstrong said, ‘‘One small step for in the Senate. That wasn’t why we started. We America, one giant leap for mankind.’’ The last thing I want to say is this: started to say the public money, if Mr. President, I will tell you as firm- If we had been able to reach agreement spent and managed correctly, could ly—as I represent the people of my that these vouchers would only be used provide a very good education meas- State—and as strongly as I can express

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11976 CONGRESSIONAL RECORD — SENATE September 25, 2003 it, if we would stay the course, we single thing we would agree to, every tests as kids in public schools. That would meet the goal. If we would mar- single sentence, paragraph, word, was met and that is now part of the shal the resources, we would meet the comma, will come out of the con- bill, as amended by Senator FEIN- goal. But this debate, getting us off ference committee with the other body. STEIN’s amendment. So we appreciate course, going in a different direction, That just cannot be done. I am not in that contribution that now is a part of undermining what we are doing and a position to do that and to tell them the bill as amended by Senator FEIN- underfunding what we are doing, will that in good faith. I suppose I can tell STEIN, which the Senate just adopted never get us there. That is what this them that and it would not happen, but about an hour ago. debate is about. I am not going to do that. So that is The second provision talks about eli- I thank the chairman for allowing us when the negotiations broke off. gible participating students are taught to talk tonight. We will proceed with I want the other Members of the Sen- by a teacher who holds a college de- this debate over the course of the next ate, both on my side of the aisle and gree. That part of No. 2 is now in there week until we can come to some agree- the other side of the aisle, to under- as far as Senator FEINSTEIN had that in ment as to how to proceed. stand that that is when the negotia- the amendment. I yield back my time, and I thank the tions broke off. If that is the condition No. 3 requires a full and independent Senator from Ohio. of making an agreement on this evaluation for the scholarship pro- Mr. DEWINE. Mr. President, again, I amendment we all could agree on, and gram. The Feinstein amendment that thank the ranking member, Senator that we can get this bill passed, then was passed by voice vote by this body LANDRIEU, for her good comments and, that is not going to happen. about an hour ago does require a full, more importantly, I thank her for her Now if it is trying to work out all the independent evaluation. good work on this bill. very legitimate issues my colleagues I say to my colleague, the ranking There is a lot more to this bill, have just raised, then we can continue member of the subcommittee, Ms. LAN- frankly, than just the scholarship por- these negotiations. I am an eternal op- DRIEU, that we are more than happy to tion of the bill. You would not know timist, and I think we can work these incorporate the Senator’s specific eval- that by the debate, but there is an out. I have told both of my colleagues uation concerns that she has outlined awful lot in this bill on which we all that. I don’t think we are that far and to work with her on additional lan- agree. Frankly, there is a lot on the apart. These are legitimate issues, and guage as far as incorporating that into education part we agree on as well. we can work them out. the bill. I thank my colleague from Delaware I see my colleague on her feet. I will Her fourth point, scholarships are for his good statement. They have both not yield the floor, but I will yield for limited to students attending failing contributed a lot to the debate tonight. a question. schools, the bill’s language provides I appreciate their good faith and their Ms. LANDRIEU. Mr. President, did priority for students who are in failing commitment to the children and their the Senator know—and I fully appre- schools. They are going to be the ones good comments. ciate his position and I most certainly who get the priority. I point out to my I want to take a moment before my understand that even as the powerful colleagues that they are going to be friend from Alabama speaks, who has chairman he is, he is not able, of the ones who are going to be first in been on the floor for some time, to, at course, to make those confirmations. I line. So that is the state of play. That least from my perspective, explain also know there are powers that can is where we are. where I think these negotiations are make such arrangements, and the Let me make a couple of other addi- and what happened with them. I am chairman is well aware of that. So we tional points before I turn to my col- league from Alabama. One is, my col- afraid my perspective is a bit different offer this amendment in good faith, league asked, what is the administra- than what my colleague said, but I recognizing that if there truly is a view tion’s position? Reference was made to hope not too different. We negotiated or a desire to create a real, accountable the fact that in their letter the admin- in regard to the topics my colleagues pilot for children in failing schools in the District of Columbia that would istration did not say they were for this have just discussed for 2 or 3 days. show definitively whether it works or three-pronged approach. These were negotiations that went on not in 5 years, that meets the param- My colleague will be getting a letter at the staff level, but they also went on eters of Leave No Child Behind, that from the administration outlining at the Member level. All three of us could be something that could be that, yes, they very definitely are for were directly involved. We spent all reached. That is what my intention this three-pronged approach. They are day yesterday involved in negotiations. would be. That is not the position of for it. They are 100 percent behind it. Quite frankly, the issues they have every single member of the Democratic They back it, and there will be a letter raised on the floor, I felt, and continue caucus. So as ranking member, I will coming to her shortly and to this Sen- to feel, are very legitimate issues. also represent their position. But at ate outlining the administration’s sup- These are not trivial issues; these are this point, we don’t see the possibility port of the three-pronged approach. important issues. I felt and still feel at of that. I thank the chairman. I under- Earlier today we talked about the this moment—I guess I am an eternal stand his position. fact—I think it is significant—that it optimist—that these issues could be re- We look forward to continuing to lay was the Mayor and the Mayor’s team solved on a policy basis among the down amendments that will try to im- who originally decided and came to the three of us. I still feel they can be re- prove and perfect this proposal, or Senate and the House and said: This is solved. The negotiations, candidly, eventually to strike the language and what we want; we want this three- broke down, as my colleague from try to move on a bill without any ref- pronged approach. We want the addi- Delaware said, when my two colleagues erence to the voucher proposal. tional money, this add-on money, for on the other side of the aisle came to Mr. DEWINE. I appreciate my col- the public schools. me and said there is one condition you league’s comments. Let me take a mo- We need to keep in mind that it has have to meet that is not negotiable, ment to state where I think this bill is. been this Mayor who has sought out and that condition is you have to guar- My colleagues have talked about some additional money for the last several antee these items will come out of con- of the improvements they would like to years for the public schools in the Dis- ference. That is one thing as chairman make in the bill. I was given a list trict of Columbia. So this is consistent of the subcommittee I cannot guar- here. We don’t have an amendment be- with what he has done in the past. He antee. I can guarantee I will fight for fore us. At this point we don’t have an sought this additional $13 million. It is them in conference. I can guarantee I amendment, but I think they are going consistent with what he has done when will represent the Senate position and to present one at some point. So we he has asked for additional money for that I will do everything I can to get as don’t have all the language to go the charter schools. So in this bill we much of what we agree on through the through, but we have talking points or have an additional $13 million for the conference; but what I am not in a po- some power points to look at. I will go charter schools, again what the Mayor sition to do is to give any kind of iron- through a couple of these points. requested. clad guarantees to my colleagues—as The first point is that eligible par- The third prong, of course, is the $13 much as I would like to—that every ticipating students must take the same million for the scholarships. So it is

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11977 the program of the Mayor of the Dis- basic reading or basic math. They drop for a year. That is what they do be- trict of Columbia. It is a very balanced out of school, become a discipline prob- cause they can do those things. approach, new money, not taking any lem, and the child’s life is not what it But what happens to average Ameri- money away from the public schools ought to be. They will not reach the cans who cannot do that? They are but, in fact, doing just the opposite, full potential that they ought to reach. stuck where the State sends them. new money for the public schools, new My wife taught four years, and I Dr. Paige, our Secretary of Edu- money for the charter schools, and new taught one year in public schools. We cation, himself a teacher of education money for this new scholarship pro- care about education. Good friends of and a former superintendent of the gram. I think it is very important for mine, as well as people we associate Houston school system, reformed that us to keep this in mind. with, are full-time teachers and we try school system dramatically. Do you My colleagues who are concerned to keep up with education. We were ac- know what he said about it? He said: about this bill have talked about No tive, particularly my wife, in our chil- When I was there and we were losing Child Left Behind. My esteemed col- dren’s education. We talked about how students to private schools, my view league from Louisiana has talked things were going at the school. We was I cared about the kids. If they about this and has inferred that this is wanted to know. could get a better education in a pri- not really consistent with No Child My two daughters graduated from a vate school, so be it. I hope they can go Left Behind. It strikes me, with all due large inner-city high school, racially there. It doesn’t hurt me. My job is to respect, that this is so consistent with fifty-fifty, in Mobile, Alabama. They make this system work so they can be our program of No Child Left Behind, have done very well. They loved that educated here. He said: With the money because if there is anyplace in this high school, and it was very important we have from the Government and ad- great country of ours where children to them. They are still loyal to Murphy vantages we have, there is no way we have been left behind, it is the District High School. ought not to be able to compete with of Columbia. Through no fault of their This is a defining issue. That is why the private school system. own, the children of the District of Co- it has received so much attention. The He said we lost kids, but he took firm lumbia have truly been left behind. Senator from Ohio is exactly correct, control of discipline. He took firm con- What a great tragedy it is, when peo- there are a lot of good things in this trol of the mismanagement. He took ple come to the District of Columbia, bill other than just the scholarship firm control by testing, and he made they come to our Nation’s Capital and portion. However, it is a big deal. What sure test scores were going up. He said they see the great monuments, they we are saying is that we care about in 5 years we were gaining kids back see this great building, they see the children more than we care about bu- from private schools. They were happy great White House, they see this body, reaucracies, laws and regulations that to be in our school system. Not that it and yet if they truly understand what do not work. We are saying that what was a huge number one way or the is going on here, they understand that life gives in the form of education to other, but people did choose in that there are children who are not getting children is important. fashion. But the average working American the education they deserve. They are Make no mistake about it, this is does not have those choices. It is just not getting the education other chil- about power. A middle-income child or not financially possible for them. The dren across this country are getting. a poor-income child in this city is in a wealthy can do it but not the poor. With this bill and with this very bal- certain school district. They cannot do They are stuck. So this is what it is all anced approach, we are taking a step anything with that. Maybe their par- towards giving the parents of these about. You have the Mayor of this city, ents bought a house there 10 years ago. children more choices and giving more the leader of the school board of this Maybe they can’t afford to sell it. opportunity to these children. I truly city, and they care about children, too. Maybe the price has gone down. Or believe this is consistent with our idea They love the children; they want to whatever—they are in that district. that there should be no child in this see them succeed. When they have con- Then they are assigned to a certain country left behind. cluded that this program would help I yield the floor. school. If that school does not perform, the children, why are we so upset about The PRESIDING OFFICER. The Sen- what happens? They go to the school it? Why are we so determined and frus- ator from Alabama. board, and they say sorry, that is your trated about it? Why do we get frus- Mr. SESSIONS. Mr. President, I district. trated about it? I ask that question. thank the Senator from Ohio for his The parent says: I don’t like this I think there is a resistance to leadership and hard work on this issue school. change here. It has been said that they and the Senator from Louisiana who, I It doesn’t make any difference. have totally eliminated religion from know, has also worked hard. Doesn’t make any difference to us. You public schools. But within the estab- Education is a very important thing don’t like this school? By law you must lishment of the public schools, I would in this country. The title of the origi- go to this school. They are sent there say that is not true, really. There is at nal education program proposed by by order of the State or the city or the least some religion left. There is one President Bush, No Child Left Behind, school system, and they have no choice law that goes beyond logic to the point is a powerful phrase. As the Senator in the matter. I would say of religion, and that is: from Ohio explained, this nation does Some schools in this very District, Thou shalt not spend one dollar on not need to allow children to fall be- and some schools all over the country, schools that doesn’t go through a sys- hind. We need to know what is going are not working. Some of them are not tem that the American Education As- on. We need to find out how they are safe. Some of them are not effective or sociation doesn’t have something to do doing. efficient. Some of them are not pro- with. President Bush has proposed, and ducing the quality of education they It is our money, they think. It has to this Congress has passed, larger in- could produce. The children who are be spent on our schools. Not one dime creases in funding for education in the sent to those schools are sentenced to can be allowed to be spent by a child last three years than we saw in the pre- a situation that makes it far more dif- who might want to have an alternative vious eight. We have had a tremendous ficult for them to achieve success in or choice in their education. Frankly, I increase in education funding from the their educational life than they would think we do not need to be that uptight Federal Government, but the problem any other way. It is a big deal. about it. was, and the challenge and the impor- What happens when Senators and The way this thing came up, we tant impact of No Child Left Behind is, Congressmen are in that situation? talked about it in the Senate and there that we are not just going to put They just decide to move out to the was an effort in the No Child Left Be- money into systems that are not oper- Maryland or Virginia suburbs and buy hind bill to allow all the States to have ating effectively and efficiently; sys- a $300,000 or $500,000 house and they put scholarship programs. That did not go tems that are allowing children to fall their kids in a school they like. Vice into the bill. It just was a fight we behind. President Gore sent his kids over to St. were not prepared to make at the time. Parents wake up, and their child is in Albans. That probably costs as much or There was not agreement or con- the ninth or tenth grade and cannot do more than the University of Alabama sensus on it. But this is not a State. It

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11978 CONGRESSIONAL RECORD — SENATE September 25, 2003 is the Federal District of Columbia. It I am glad the Senator from Ohio is count would be turned over to a collec- is part of the Federal Government. It is leading this effort, and I look forward tion agency if he did not pay up imme- an area that we do not have a separa- to working with him. diately. tion of Federal and State governments, I yield the floor. For what did he owe this large sum of where there is not a State’s rights The PRESIDING OFFICER. The Sen- $243? I say that somewhat facetiously, question about these matters. It is a ator from Ohio. but to him $243 was a large amount of matter within our jurisdiction, No. 1. Mr. DEWINE. Mr. President, I thank money. It was for the food he ate when No. 2, the Mayor and the school board my colleague from Alabama for his he was having his foot amputated. It president want it. They asked us for it. very fine statement. I think he is abso- seems that military personnel who do The people want it. They have chil- lutely right. This is a pilot program. not eat in a messhall, including those dren lined up to get into this program. But it is a chance we have to take. who have families, receive a monthly I love educators, and I love and appre- These are children who need this op- allowance for their food. But when our ciate education. I believe the public portunity. Their parents need this op- troops are wounded, they eat in a hos- schools do a terrific job for the most portunity. pital, they are billed by the Govern- part in America. I have been pleased As we have talked about before on ment $8.10 a day for their hospital with the public schools my children the Senate floor, you have the Mayor meals. have attended. But if they were not of this city coming to this Congress I found out what happened to Ser- getting a good education there, one and saying: Give me the tools. Give me geant Murwin when a coworker sent an that was sufficient, I would have done the tools to help shape the educational e-mail to my office. I was disillusioned, what I could to make sure they got a system in the District of Columbia. For disappointed, and somewhat upset to good education. I think most Ameri- us to turn our back on the Mayor, to learn we have a policy and it has been cans would. But for the poor, they turn our back on children, and the par- in place for 22 years. don’t have that option. They can’t send ents, I think would be a very serious Our troops in combat who are eating their children to St. Albans. They can’t mistake. field chow are already allowed to keep send their kids to some other school if We have the opportunity to do some- their food allowance. Certainly, the they are not happy, and I think we thing very positive. I think we should same policy should apply to those who need to deal with that. take that opportunity. are in a hospital recovering from the I salute the chairman, Senator f injuries they received in the field. When a soldier is wounded in combat, DEWINE. I suggest the Feinstein MORNING BUSINESS amendment does many of the things we should not add insult to injury by Mr. DEWINE. Mr. President, I ask that Senator LANDRIEU wants to do. I making him pay for his hospital food. I unanimous consent that the Senate could support that, and I am com- am proud of Sergeant Murwin for com- now proceed to a period of morning fortable with the Feinstein amend- ing forward to shed light on this mis- business. ment. But if we are going to come up taken policy. The PRESIDING OFFICER. Without with an amendment that makes it so Today, he told a member of my staff: objection, it is so ordered. difficult for the schools in this area This isn’t about me. There are guys in the who have agreed to take children at a f hospital who are 18 or 19 years old and have discount of 40 percent or more from the BILLING VETERANS FOR been there for three months or longer. . . .Some of them are expecting bills of $1,000 cost that is being expended for edu- HOSPITAL FOOD or more. They [are] really fretting those cation in the District, that they will Mr. REID. Mr. President, I take a bills. not accept them or it creates a bu- brief few minutes to say a few words I think it is a national disgrace that reaucracy—which is one of the things about a situation that I think is a slap anyone in this country has to worry that makes it more difficult for public in the face to a brave Nevadan but also about decent health care—and 44 mil- schools to perform well—if we are to thousands of others who wear the lion people have to worry about decent going to do that, I am not for it. uniform of our great Republic. health care. But, really, when a soldier I know Senator DEWINE will be wres- Bill Murwin is a deputy sheriff in who is wounded in combat lies in a hos- tling with that and listening to the Lyon County, one of 17 Nevada coun- pital bed worrying about a bill from his Senators and their suggestions. But I ties. It is a rural county, even though own Government for the food he is eat- would note we have a reality and that it is becoming more urban all the time ing in the hospital, that is a little too is there are two bodies, a House and a with the tremendous growth in Fernley much. Senate. The House of Representatives and Silver Springs. Still we think of it I also acknowledge my friend, the deserves equal sway in these matters. as a rural county, a little over 60 miles Congressman from Florida, Represent- That shouldn’t change just because a outside of Reno. ative YOUNG. When he heard about this, few Senators believe something is im- In addition to Bill being deputy sher- he sent a bill to the Government to portant—I believe a lot of things are iff, he is also a staff sergeant in the repay this bill for Sergeant Murwin. So important and I have not been able to Marine Corps Reserve. When his coun- I publicly acknowledge and appreciate have them come out exactly as I want. try called, he left his family and went what I read in the paper that my I think the Feinstein amendment to fight in Iraq. He was wounded a few friend, Congressman YOUNG, had done. does what Senator LANDRIEU wants. We months ago when a grenade exploded in I am proud to cosponsor Senator have not seen the exact wording of a vehicle in which he was riding. He GRAHAM’s bill that would correct this Senator LANDRIEU’s amendment, so I was treated at a military hospital in ridiculous policy. I salute, as I said, guess we will have to look at it to Germany and then because of the seri- Congressman YOUNG for introducing a know. This body needs to act in the ousness of his injury he spent 4 weeks similar bill in the House and for paying best interests of the schoolchildren of at Bethesda. I am sorry to say this, but the bill, literally, of my constituent. the District of Columbia. We have a at Bethesda Naval Hospital he had to I hope every Member of both Cham- Mayor elected to take care of them. We have part of his left foot amputated. bers will act quickly to correct this have a school board president who Obviously, we owe a debt of gratitude outrage. And it is an outrage. loves our children and wants them to to Sergeant Murwin, just as we owe a f succeed. They have said this program debt of gratitude to all those who is the way to do it. This is what we bravely fought for our freedom over the TRIBUTE TO GREG MADDUX need to improve their chances at a bet- years, particularly in the sands and Mr. REID. Mr. President, I rise today ter life. I believe it is, too. I see no dan- cities of Iraq. to salute a great Nevadan, a great ger in going forward with it. Instead of gratitude—it is hard to human being and a great athlete, my If the program turns out to be a fail- comprehend—Bill Murwin got a bill friend, Greg Maddux. ure, so be it. We will end it. I don’t from the Government in the amount of Mr. Maddux pitches for the Atlanta know that it will. Frankly, I think it is $243. Three days later he got a second Braves baseball club. Since he went to more likely to be a success than not. bill, along with a threat that his ac- Atlanta almost 11 years ago, the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11979 Braves have won their division every Vegas, where Greg grew up and grad- Since my last report, dated July 30, single season. uated from Valley High School. 2003, the Congress has cleared and the This is no coincidence. Greg Maddux Greg doesn’t endorse commercial President has signed the following acts has been the heart and soul of the At- products, and he has no interest in the that changed budget authority, out- lanta Braves, and the key to their re- glamorous life of a celebrity. Instead, lays, or revenues: Family Farmer markable string of success. he and his family live quietly, giving Bankruptcy Relief Act of 2003, P.L. 108– From 1992 through 1995, he won the generously of their time and money for 73; an act to amend title XXI of the So- Cy Young award, as the best pitcher in causes that benefit our community. cial Security Act, P.L. 108–74; Chile baseball, four years in a row. No other Kathy and Greg lead the Maddux Free Trade Agreement Implementation pitcher has ever accomplished that and Foundation, which is involved in sev- Act, P.L. 108–77; and, Singapore Free I doubt anyone else ever will. eral charitable activities in Las Vegas Trade Agreement Implementation Act, He finished the 1990s with a 2.54 and Atlanta. The Foundation supports P.L. 108–78. earned run average for the decade. children’s homes, domestic crisis shel- I ask unanimous consent that the Only two pitchers had posted a better ters, and boys and girls clubs. In recent letter and tables be printed in the ERA over a decade since 1910—Hoyt years, the Madduxes have expanded RECORD. Wilhelm and Sandy Koufax. That is their philanthropic efforts, helping There being no objection, the mate- pretty good company. And in 1995, even more kids. rial was ordered to be printed in the Maddux became the first pitcher to log Greg’s brother Mike also has a foun- RECORD, as follows: back-to-back seasons with an ERA dation that helps children. And he hap- U.S. CONGRESS, under 1.80. CONGRESSIONAL BUDGET OFFICE, pens to be a pretty good pitcher in own Washington, DC, September 23, 2003. From 1990 through 2001—12 consecu- right. Hon. DON NICKLES, tive years—Greg won the National Mike Maddux began his major league Chairman, Committee on the Budget, League Gold Glove as the league’s best- career in 1986 with the Philadelphia U.S. Senate, Washington, DC. fielding pitcher. Phillies, and played in the big leagues DEAR MR. CHAIRMAN: The attached tables He pitched nine scoreless innings in for 15 seasons. He, like his brother show the effects of Congressional action on the 2003 budget and are current through Sep- Game One of the 1995 World Series, Greg, is a role model for Nevadas’ and tember 22, 2003. This report is submitted leading the Braves over the Cleveland our voting youth. under section 308(b) and in aid of section 311 Indians. Both of the Maddux brothers are of the Congressional Budget Act, as amend- Greg could have retired years ago, great baseball players, but even more ed. and he would still be assured of enter- important, they are great neighbors. The estimates of budget authority, out- ing the Baseball Hall of Fame on the Baseball fans all over America know lays, and revenues are consistent with the first day he is eligible. Greg Maddux as one of the greatest technical and economic assumptions of H. Con. Res. 95, the Concurrent Resolution on But he keeps pitching, and he keeps pitchers in the history of the game. the Budget for Fiscal Year 2004, as adjusted. setting a new standard of excellence. In southern Nevada, we know him as Per section 502 of H. Con. Res. 95, provisions Sunday, he broke a record that had a devoted family man, a positive role designated as an emergency are exempt from been held by the great Cy Young him- model for kids, and a generous contrib- enforcement of the budget resolution. As a self, winning at least 15 games for the utor to our community. result, the enclosed current level report ex- cludes budget authority of $984 million from 16th consecutive season. Young’s f record of 15 games for 15 seasons had funds provided in the Emergency Supple- BUDGET SCOREKEEPING REPORT mental Appropriations for Disaster Relief stood for 98 years, since 1905. Act of 2003 (Public Law 108–69). For a major league pitcher, winning Mr. NICKLES. Mr. President, I here- Since my last report, dated July 28, 2003, 15 games in a season is a feat that only by submit to the Senate the budget the Congress has cleared and the President the best will ever accomplish. To do it scorekeeping report prepared by the has signed the following acts that changed for 16 straight years is almost unthink- Congressional Budget Office under Sec- budget authority, outlays, or revenues: able. tion 308(b) and in aid of Section 311 of Family Farmer Bankruptcy Relief Act of They say records are made to be bro- 2003 (Public Law 108–73); the Congressional Budget Act of 1974, An Act to amend Title XXI of the Social ken. Well, I think this one will stand as amended. This report meets the re- Security Act (Public Law 108–74); for a long, long time. quirements for Senate scorekeeping of Chile Free Trade Agreement Implementa- The success of Greg Maddux is even Section 5 of S. Con. Res. 32, the First tion Act (Public Law 108–77); and more amazing when you consider that Concurrent Resolution on the Budget Singapore Free Trade Agreement Imple- he doesn’t have overwhelming speed. In for 1986. mentation Act (Public Law 108–78). The effects of these new laws are identified an era of 100 mph fastballs, his clock in This report shows the effects of con- the mid-80s. He doesn’t try to over- in Table 2. gressional action on the 2004 budget Sincerely, power hitters; he just outsmarts them. through September 22, 2003. The esti- DOUGLAS HOLTZ-EAKIN, Maddux is an unsurpassed student of mates of budget authority, outlays, Director. the game who relies on his pinpoint and revenues are consistent with the control and his unyielding determina- technical and economic assumptions of TABLE 1.—SENATE CURRENT-LEVEL REPORT FOR SPEND- tion. He never gives in to hitters. He the 2004 Concurrent Resolution on the ING AND REVENUES FOR FISCAL YEAR 2003, AS OF makes them swing at his pitches. Budget, H. Con. Res. 95, as adjusted. SEPTEMBER 22, 2003 After he defeated the Florida Marlins The estimates show that current [In billions of dollars] to break Cy Young’s record, 72-year-old level spending is above the budget reso- Current Florida manager Jack McKeon said, lution by $3.092 billion in budget au- Budget Current level over/ resolution level1 under (¥) ‘‘He doesn’t get you out—he makes you thority and by $3.005 billion in outlays resolution get yourself out.’’ in 2003. Current level for revenues is $1 Anybody who is a baseball fan, as I million below the budget resolution in ON-BUDGET Budget Authority ...... 1,874.0 1,877.1 3.1 am, would be proud to know Greg 2003. Outlays ...... 1,826.1 1,829.1 3.0 Maddux. But he is more than a great Per section 502 of H. Con. Res. 95, pro- Revenues ...... 1,310.3 1,310.3 –* athlete. He is a great person. visions designated as an emergency are OFF-BUDGET He is a devoted family man, married Social Security Outlays ...... 366.3 366.3 0 exempt from enforcement of the budget Social Security Revenues ..... 531.6 531.6 0 to a wonderful wife, Kathy. They have resolution. As a result, the following 1 Current level is the estimated effect on revenue and spending of all leg- a daughter Amanda Paige, and a son current level report excludes budget islation that the Congress has enacted or sent to the President for his ap- Chase Alan. authority of $984 million from funds proval. In addition, full-year funding estimates under current law are in- cluded for entitlement and mandatory programs requiring annual appropria- Obviously, the Maddux family could provided in the Emergency Supple- tions even if the appropriations have not been made. live anywhere they want to. I am proud mental Appropriations for Disaster Re- *= Less than $50 million. that they have chosen to live in Las lief Act of 2003, P.L. 108–69. Source: Congressional Budget Office.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11980 CONGRESSIONAL RECORD — SENATE September 25, 2003 TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CUR- tween September 15 and October 15, our cials and managers. Despite a 10 per- RENT-LEVEL REPORT FOR ON-BUDGET SPENDING AND Nation observes Hispanic Heritage cent increase in population in just the REVENUES FOR FISCAL YEAR 2003, AS OF SEPTEMBER Month. This month-long celebration of- last two years, Hispanic voting partici- 22, 2003 fers us a special opportunity to reflect pation remains worryingly static. [In millions of dollars] on and pay tribute to the innumerable In the great tradition of newcomers ways that Hispanic Americans, and to the United States, Hispanic Ameri- Budget authority Outlays Revenues Hispanic culture, enrich both our daily cans come in search of better lives, de- lives and the diverse heritage of the cent jobs, and a chance to raise their Enacted in previous Nation. sessions: families in peace and prosperity. Many Revenues ...... n.a. n.a. 1,359,834 According to the Census Bureau, of us in the Congress, whose families Permanents and some 38 million Hispanic Americans other spending came here in an earlier time for just legislation ...... 1,013,810 977,842 n.a. today live in the United States—and those reasons, know full well what that Appropriation legis- increasingly, in every corner of the lation ...... 1,133,856 1,160,341 n.a. means. As public servants we have an Offsetting receipts ... ¥369,104 ¥369,106 n.a. United States. While many Hispanic opportunity, and indeed I would say an Americans choose to live in parts of Total, enacted in obligation, to ensure that every gen- previous ses- the country with proud and long-estab- eration of Americans has access to the sions: ...... 1,778,562 1,769,077 1,359,834 lished Hispanic traditions; others are Enacted this session: opportunities that were given to us. In Emergency Wartime finding work, raising families and doing so we keep our Nation on course Supplemental Ap- building vigorous Hispanic commu- propriations Act, to achieving the principles set out in 2003 (P.L. 108– nities in places where, until recently, the founding documents of our Nation. 11) ...... 79,190 42,024 2 they did not exist or were little no- Postal Civil Service We must not let language or eco- Retirement System ticed. In politics, the arts, the media, nomic or social status stand in the way Funding Reform sports, our colleges and universities, Act of 2003 (P.L. of the full participation of all our peo- 108–18) ...... 3,479 3,479 0 Hispanic Americans are a vital pres- ple in our community life, and we must Gila River Indian ence—architects of the American spir- Community Judg- not permit these factors to become a ment Fund Dis- it. Even our taste in food reflects the barrier to our public institutions and tribution Act of degree to which Hispanic traditions are 2003 (P.L. 108– services. In the history of this country 22) ...... 1 1 0 now woven into the fabric of our lives: no opportunity has been more impor- Unemployment Com- tortillas are as much a staple of the na- pensation Amend- tant than the chance to go to school— ments of 2003 tional diet as pizza and bagels, and important to the individual, with in- (P.L. 108–26) ...... 3,165 3,165 0 salsa has ended the reign of ketchup as Jobs and Growth Tax calculable benefits to the society as a Relief Reconcili- the nation’s most popular condiment. whole. That is why I have cosponsored ation Act of 2003 Hispanic Americans bring to Amer- (P.L. 108–27) ...... 11,347 11,347 ¥49,489 S. 1545, the Development, Relief, and Veterans’ Memorial ican life not one culture but many. Education for Alien Minors (DREAM) Preservation and Their roots reach to Central and South Recognition Act of Act, which would make it easier for 2003 (P.L. 108– America and the Caribbean, and be- States to provide in-state tuition sta- 29) ...... 0 0 * yond, to Europe and Africa; every com- Welfare Reform Ex- tus to students without regard to im- tension Act of munity enriches a great, underlying migration status, and allow some im- 2003 (P.L. 108– cultural foundation with its own dis- 40) ...... 64 26 0 migrant students who have been in this Burmese Freedom tinctive variations. My own State of country for five years or more to apply and Democracy Maryland offers a brilliant example. Act (P.L. 108–61) 0 0 ¥1 for legal status. It is my hope that for Family Farmer Bank- There are some 228,000 Hispanic Ameri- thousands of our newest Americans the ruptcy Relief Act cans in the State, a number that has of 2003 (P.L. DREAM Act will prove to be an impor- 108–73) ...... 0 0 * increased by 82 percent since the 1990 tant step along the way to living a re- An Act to amend census. Marylanders today are fortu- Title XXI of the warding and productive life. Social Security Act nate to have co-workers and neighbors As Hispanic Americans move proudly (P.L. 108–74) ...... 1,259 20 0 from Europe, Africa, South and Central Chile Free Trade into the mainstream of American life, Agreement Imple- America and close cultural ties to the Hispanic Heritage Month is our time to mentation Act Caribbean, Spain and Portugal. From (P.L. 108–77) ...... 0 0 ** celebrate all their accomplishments Singapore Free Trade Puerto Ricans in New York to the and contributions and to commit us Agreement Imple- Mexican communities of California, mentation Act anew to ensuring that all Americans (P.L. 108–78) ...... 0 0 ** Hispanic Americans are changing the have access to the wondrous opportuni- face of America and teaching us to cel- 98,505 60,062 ¥49,488 ties our Nation offers. Entitlements and ebrate the glory of the multi-faith, f mandatories: multi-cultural family that constitutes Difference between enacted levels this great country. In my own State of MATTHEW J. RYAN VETERINARY and budget reso- Maryland, there are 228,000 Hispanic HOSPITAL lution estimates for appropriated Americans, an increase of more than 82 Mr. SPECTER. Mr. President, I have entitlements and percent since 1990, and they come from sought recognition regarding the re- other mandatory programs ...... 0 0 n.a. at least a dozen countries. In every naming of the Veterinary Hospital of Total Current Level1, 2 .. 1,877,067 1,829,139 1,310,346 county in Maryland, from the Eastern the University of Pennsylvania in Total Budget Resolu- tion1, 2 ...... 1,873,975 1,826,134 1,310,347 Shore to the western reaches of the memory of the former Speaker of the Current Level Over State, Hispanic Americans have found Pennsylvania House of Representa- Budget Resolution ... 3,092 3,005 n.a. Current Level Under a home. tives, Matthew J. Ryan. Budget Resolution ... n.a. n.a. 1 Nonetheless, across the country His- Matt Ryan, whom I knew for many 1 Per section 502 of H. Con. Res. 95, the Concurrent Resolution on the panic Americans face numerous chal- years, cared deeply for the people of Budget for Fiscal Year 2004, provisions designated as an emergency are ex- lenges. Eager to work, too often they empt from enforcement of the budget resolution. As a result, the current Pennsylvania. He loved the Pennsyl- level excludes budget authority of $984 million from funds provided in the can find only low-paying jobs; the in- vania House of Representatives and Emergency Supplemental Appropriations for Disaster Relief Act of 2003 (P.L. come level of Hispanic households is on 108–69). made service his calling. Elected in 2 Excludes administrative expenses of the Social Security Administration, average $15,000 less than that of white 1962, he was one of its longest serving which are off-budget. households, and almost one-third of members and one of its longest serving Notes.—n.a. = not applicable; P.L. = Public Law; * = less than $500,000; ** = revenue effects begin in fiscal year 2004. Hispanic Americans live below the offi- Speakers, presiding for six terms. Source: Congressional Budget Office. cial poverty line. While Hispanics As much as Speaker Ryan loved f make up about 13 percent of the U.S. Pennsylvania, the people of Pennsyl- population, a study by the Hispanic As- vania and his colleagues from both par- HISPANIC HERITAGE MONTH sociation on Corporate Responsibility ties loved him. Known on both sides of Mr. SARBANES. Mr. President, found that Hispanics account for only the aisle for the fair manner in which every year since 1968, in the period be- 4.6 percent of U.S. firms’ company offi- he presided over the House, Matt was a

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11981 committed leader, tough debater, par- iar with Broad Channel, it is a popu- other young men from Broad Channel liamentary tactician, and Pennsyl- lated island in Jamaica Bay. It is part who died in the Korean War. The occa- vania booster. He spoke with great pas- of Queens County, which is one of the sion for the ceremony was the 50th an- sion, and often was praised for his boroughs of the City of New York. niversary of the armistice in Korea, statesmanship, compassion, openness, Cross Bay Boulevard connects Broad which was observed by American Le- Irish wit, and intelligence. Channel to the Rockaways, which are a gion Post 1404 as part of the 85th An- Upon his death earlier this year, he magnificent gateway to the Atlantic nual Queens County Convention Pa- became the first person whose body lay Ocean. rade. Mr. President, July 27, 1953 is the in state in the Capitol Rotunda in Har- The American Legion Broad Channel day in history when negotiators signed risburg since Abraham Lincoln. Memorial Post 1404 recently honored the armistice agreement at Pan- A true friend of animals—especially the memory of Ralph Mitola, and four munjom. The armistice led to a North his black Labrador, Magic—Matt Ryan other young men from Broad Channel Korean withdrawal across the 38th par- was very proud of the University of who died in the Korean war. The occa- allel, and the Republic of South Korea Pennsylvania School of Veterinary sion for the ceremony was the 50th an- regained its status as a free and demo- Medicine. It is in no small part because niversary of the armistice in Korea, cratic nation. Korea was a critical bat- of his decades of support that the which was observed by American Le- tleground in the defense of liberty school today is one of the finest in the gion Post 1404 as part of the 85th An- against the totalitarian ideologies of world. nual Queens County Convention Pa- the 20th century. Walter Gross left his Founded in 1884, the University of rade. Mr. President, July 27, 1953 is the home and traveled half a world away to Pennsylvania School of Veterinary day in history when negotiators signed the Korean Peninsula to defend free- Medicine was established at the urging the armistice agreement at Pan- dom. of Penn’s School of Medicine. It was munjom. The armistice led to a North Private First Class Gross was a mem- recognized that prevention and control Korean withdrawal across the 38th par- ber of Company C, 1st Battalion, 19th of animal diseases had important im- allel, and the Republic of South Korea Infantry Regiment, 24th Infantry Divi- plications for human health. This is as regained its status as a free and demo- sion. He was taken Prisoner of War true today as it was then—perhaps cratic nation. Korea was a critical bat- while fighting the enemy in South even more so—as we face a future in tleground in the defense of liberty Korea on January 1, 1951 and died while which advances in veterinary medi- against the totalitarian ideologies of a prisoner on July 31, 1951 at POW cine’s ability to understand biological the 20th century. Ralph Mitola left his Camp 12 near Pyektong, North Korea. threats will be critical in our ability to home and traveled half a world away to fight bioterrorism. Private First Class Gross was awarded In February 2003, the month before the Korean Peninsula to defend free- the Prisoner of War Medal, the Combat Matt’s untimely death, the University dom. Infantryman’s Badge, the Korean Serv- decided to honor his support by renam- Corporal Mitola was a member of ice Medal, the United Nations Service ing the Veterinary Hospital after him. Company C, 1st Battalion, 23d Infantry Medal, the National Defense Service Benjamin Franklin is the only other Regiment, 2d Infantry Division. On Au- Medal and the Korean War Service State politician for whom a building on gust 1, 1952, during a night attack on Medal. the University’s campus has been ‘‘Old Baldy’’ in North Korea, he was As our Nation’s soldiers are once named. killed by small arms fire. Corporal again fighting for the cause of freedom The renaming ceremony took place Mitola was awarded the Purple Heart, overseas, it is all the more important on Friday, September 19, 2003, and so I the Combat Infantryman’s Badge, the to remember those who helped protect ask my colleagues to join me in re- Korean Service Medal, the United Na- America on the Korean Peninsula a flecting on the legacy of Speaker Mat- tions Service Medal, the National De- half century ago. thew J. Ryan, one of the truest Penn- fense Service Medal and the Korean Walter Gross, born May 13, 1928, died sylvanians and a champion of people. War Service Medal. while a prisoner of war, July 31, 1951. As our Nation’s soldiers are once f Mr. President, his loved ones and again fighting for the cause of freedom comrades in arms are eternally proud VOTE EXPLANATION overseas, it is all the more important of him. I honor his memory. Mr. DODD. Mr. President, I was nec- to remember those who helped protect essarily absent from the Senate earlier America on the Korean Peninsula a f this week and missed rollcall votes half century ago. TRIBUTE TO THOMAS W. AUGUST Nos. 358 through 363. There were two Ralph Mitola, born April 10, 1931, reasons for my absence. First, I hosted killed in action, August 1, 1952. Mrs. CLINTON. Mr. President, I a ceremony at the University of Con- Mr. President, his loved ones and would like to take some time today to necticut honoring Bertie Ahern, comrades in arms are eternally proud tell the Senate about a hero who made Taoiseach of Ireland, and Tony Blair, of him. I honor his memory. the ultimate sacrifice on behalf of his Nation—a young man who died in the Prime Minister of Great Britain. Sec- f ond, I attended memorial services yes- Korean war. His name is Thomas W. TRIBUTE TO WALTER FRANCIS terday and today for Jack Bailey, the August. GROSS former Connecticut Chief State’s At- He came from Broad Channel, NY. torney and a close friend to both me Mrs. CLINTON. Mr. President, I take For those Senators who are not famil- and my family. Had I been present, I time today to tell the Senate about a iar with Broad Channel, it is a popu- would have cast my votes as follows: hero who made the ultimate sacrifice lated island in Jamaica Bay. It is part on rollcall vote 358: aye; on rollcall on behalf of his Nation—a young man of Queens County, which is one of the vote 359: nay; on rollcall vote 360: nay; who died in the Korean war. His name boroughs of the City of New York. on rollcall vote 361: aye; on rollcall is Walter Francis Gross. Cross Bay Boulevard connects Broad vote 362: aye; and on rollcall vote 363: He came from Broad Channel, NY. Channel to the Rockaways, which are a aye. For those Senators who are not famil- magnificent gateway to the Atlantic iar with Broad Channel, it is a popu- Ocean. f lated island in Jamaica Bay. It is part The American Legion Broad Channel TRIBUTE TO RALPH RAY MITOLA of Queens County, which is one of the Memorial Post 1404 recently honored Mrs. CLINTON. Mr. President, I take boroughs of the City of New York. the memory of Thomas August, and time today to tell the Senate about a Cross Bay Boulevard connects Broad four other young men from Broad hero who made the ultimate sacrifice Channel to the Rockaways, which are a Channel who died in the Korean war. on behalf of his Nation—a young man magnificent gateway to the Atlantic The occasion for the ceremony was the who died in the Korean war. His name Ocean. 50th anniversary of the armistice in is Ralph Ray Mitola. The American Legion Broad Channel Korea, which was observed by Amer- He came from Broad Channel, NY. Memorial Post 1404 recently honored ican Legion Post 1404 as part of the For those Senators who are not famil- the memory of Walter Gross, and four 85th Annual Queens County Convention

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11982 CONGRESSIONAL RECORD — SENATE September 25, 2003 Parade. July 27, 1953 is the day in his- Private De Pietro was a member of Medal, the National Defense Service tory when negotiators signed the armi- Company H, 2nd Battalion, 38th Infan- Medal and the Korean War Service stice agreement at Panmunjom. The try Regiment, 2nd Infantry Division. Medal. armistice led to a North Korean with- He was killed in action during an at- As our Nation’s soldiers are once drawal across the 38th parallel, and the tack on Hill 905 along ‘‘Heartbreak again fighting for the cause of freedom Republic of South Korea regained its Ridge’’ near Sanggonbae, North Korea overseas, it is all the more important status as a free and democratic nation. on October 10, 1951, while assisting a to remember those who helped protect Korea was a critical battleground in wounded comrade. Private De Pietro America on the Korean Peninsula a the defense of liberty against the to- was awarded the Purple Heart, the half century ago. talitarian ideologists of the 20th cen- Combat Infantryman’s Badge, the Ko- James Farrell, born August 7, 1933; tury. Thomas August left his home and rean Service Medal, the United Nations killed in action November 10, 1952. traveled half a world away to the Ko- Service Medal, the National Defense Mr. President, his loved ones and rean peninsula to defend freedom. Service Medal and the Korean War comrades in arms are eternally proud Private First Class August was a Service Medal. of him. I honor his memory. member of the 224th Infantry Regi- As our Nation’s soldiers are once f ment, 40th Infantry Division. He was again fighting for the cause of freedom INTERNET DOMAIN NAME killed in action while fighting the overseas, it is all the more important ADDRESSING SYSTEM enemy near Satae-ri, North Korea on to remember those who helped protect November 17, 1952. Private First Class America on the Korean Peninsula a Mr. BURNS. Mr. President, last week August was awarded the Purple Heart, half century ago. the Department of Commerce signed the Combat Infantryman’s Badge, the Joseph De Pietro, born August 3, the sixth amendment to a memo- Korean Service Medal, the United Na- 1932, killed in action October 10, 1951. randum of understanding between the tions Service Medal, the National De- His loved ones and comrades in arms Internet Corporation of Assigned fense Service Medal and the Korean are eternally proud of him. I honor his Names and Numbers, ICANN, and the War Service Medal. memory. Commerce Department. The first As our Nation’s soldiers are once f agreement was signed in 1998 to estab- again fighting for the cause of freedom lish an organizational body to manage overseas, it is all the more important TRIBUTE TO JAMES F. FARRELL the technical coordination of the Inter- to remember those who helped protect Mrs. CLINTON. Mr. President, I net Domain Name Addressing System. America on the Korean peninsula a would like to take some time today to In the subsequent years the agreement half century ago. tell the Senate about a hero who made has been amended to reflect the needs Thomas August born February 13, the ultimate sacrifice on behalf of his of the organization to accommodate 1932, killed in action November 17, 1952. Nation—a young man who died in the the industry and constituency it was His loved ones and comrades in arms Korean war. His name is James F. created to support. are eternally proud of him. I honor his Farrell. The Department of Commerce is memory. He came from Broad Channel, NY. hopeful this will be the last agreement f For those Senators who are not famil- they have to sign with ICANN. The TRIBUTE TO JOSEPH DE PIETRO iar with Broad Channel, it is a popu- hope is for ICANN to show they have Mrs. CLINTON. Mr. President, I lated island in Jamaica Bay. It is part become a responsible organization and would like to take some time today to of Queens County, which is one of the there can be a transition of the Domain tell the Senate about a hero who made boroughs of the City of New York. Name System, DNS, management to the ultimate sacrifice on behalf of his Cross Bay Boulevard connects Broad private sector control, out of the hands Nation—a young man who died in the Channel to the Rockaways, which are a of the department permanently. Korean war. His name is Joseph De magnificent gateway to the Atlantic Several items of interest have been Pietro. Ocean. brought to my attention during our He came from Broad Channel, NY. The American Legion Broad Channel oversight hearing on ICANN that I For those Senators who are not famil- Memorial Post 1404 recently honored would like the Department of Com- iar with Broad Channel, it is a popu- the memory of James Farrell, and four merce to consider before ICANN re- lated island in Jamaica Bay. It is part other young men from Broad Channel ceives the freedom they want as an of Queens County, which is one of the who died in the Korean war. The occa- independent organization. They must boroughs of the City of New York. sion for the ceremony was the 50th an- first prove they are doing their job. I Cross Bay Boulevard connects Broad niversary of the armistice in Korea, would encourage the Department of Channel to the Rockaways, which are a which was observed by American Le- Commerce to establish dates of accom- magnificent gateway to the Atlantic gion Post 1404 as part of the 85th An- plishment to the milestones they have Ocean. nual Queens County Convention Pa- set out in their most recent memo- The American Legion Broad Channel rade. July 27, 1953, is the day in history randum of understanding with ICANN. Memorial Post 1404 recently honored when negotiators signed the armistice Specific, quantifiable goals will help the memory of Joseph De Pietro, and agreement at Panmunjom. The armi- ascertain if ICANN has created a stable four other young men from Broad stice led to a North Korean withdrawal environment where innovation and Channel who died in the Korean war. across the 38th parallel, and the Repub- competition can flow freely for the The occasion for the ceremony was the lic of South Korea regained its status area surrounding the DNS. 50th anniversary of the armistice in as a free and democratic nation. Korea It was noted before Congress in the Korea, which was observed by Amer- was a critical battleground in the de- July 31, 2003, hearing that ICANN ican Legion Post 1404 as part of the fense of liberty against the totalitarian should be the organization to provide a 85th Annual Queens County Convention ideologies of the 20th century. James forum for best practices for the naming Parade. July 27, 1953 is the day in his- Farrell left his home and traveled half and numbering system. The recent tory when negotiators signed the armi- a world away to the Korean Peninsula amendment to the memorandum of un- stice agreement at Panmunjom. The to defend freedom. derstanding notes the need to continue armistice led to a North Korean with- Private First Class Farrell was a to develop and test accountability drawal across the 38th parallel, and the member of Company K, 3rd Battalion, mechanisms. I would ask the depart- Republic of South Korea regained its 9th Infantry Regiment, 2nd Infantry ment to set a date to determine if status as a free and democratic nation. Division. On November 10, 1952, he was these best practices guidelines focusing Korea was a critical battleground in defending ‘‘Old Baldy’’ in North Korea on stability, security and interoper- the defense of liberty against the to- when he was struck by enemy artillery ability have been determined and a set talitarian ideologies of the 20th cen- fire. Private First Class Farrell was time for their implementation. The ini- tury. Joseph De Pietro left his home awarded the Purple Heart, the Combat tial best practices could be established and traveled half a world away to the Infantryman’s Badge, the Korean Serv- by a working group by the beginning of Korean Peninsula to defend freedom. ice Medal the United Nations Service 2004 with a follow-up strategic plan for

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11983 implementation of the first best prac- Local Law Enforcement Enhancement a tax upon themselves to achieve those tice guideline for the industry with in Act, a bill that would add new cat- ends. We have somehow lost this sense the first 6 months of 2004. egories to current hate crimes law, of obligation and have concluded that The memorandum of understanding sending a signal that violence of any providing for our national defense or recommends the continued develop- kind is unacceptable in our society. for the education of children requires ment and implementation of trans- I would like to describe a terrible no more than charging the costs to a parent procedures. I would again call crime that occurred in Boston, MA. On government credit card. This must for a date certain to ensure the deci- November 16, 2002, a 31-year-old Paki- stop. sionmaking process set by ICANN is stani man was physically assaulted at We are spending our way into eco- transparent, predictable and timely for a convenience store where he was nomic oblivion. The President has de- all parties involved in the decisions working. Three men, believing the cided that the best way to reelection is ICANN influences. Established proce- store clerk was from Afghanistan and to cut taxes and leave spending alone. dures for a transparent decisionmaking associated with the September 11, 2001 He refuses to make the tough deci- process should be established by the terrorist attacks on America, shouted sions. So, with my colleagues in the end of this year to ensure ICANN has racial slurs at the man and then pro- Senate, I will help him. If the Presi- this as a top priority and as a signal to ceeded to kick, punch and throw things dent wishes to engage our troops in ensure the industry and constituents at him. The trio were later charged Iraq, a decision that I agreed with and involved in ICANN can begin to plan with a hate crime violation. continue to support, then he must for a process that will be applied equal- I believe that Government’s first agree to pay for it. ly across all parties and in a predict- duty is to defend its citizens, to defend By seeking a modest increase in the able fashion. them against the harms that come out tax rate that affects those making One concern that has been noted of hate. The Local Law Enforcement more than $310,000 in taxable income through our congressional oversight Enhancement Act is a symbol that can we can pay for the President’s most re- hearing is that parties with contrac- become substance. I believe that by cent supplemental request. This bill tual obligations to ICANN are dis- passing this legislation and changing generates precisely $87 billion—enough advantaged in providing services that current law, we can change hearts and to cover a portion of the cost of the non-ICANN contracted parties are free minds as well. war in Iraq and an even smaller part of our obligation in Afghanistan. to offer. There is reason for this dis- f crepancy to exist in an open market. This bill is a first step toward put- ICANN should take into consideration IRAQ SECURITY AND ting our fiscal house in order. It would the entire global Internet industry STABILIZATION FUND ACT pay for the President’s supplemental spending request and it does not revoke when making decisions. Mrs. FEINSTEIN. Mr. President, I the 2001 reduction in the top income Disadvantaging contracted parties have joined with Senators BIDEN, tax rate. Nor would it affect any other should be a thing of ICANN’s past and KERRY and CORZINE to introduce legis- element of the 2001 tax package. It new service level agreements should be lation that will provide us with the would merely temporarily raise the negotiated with all ICANN participants necessary financial footing to appro- marginal income tax rate on the rich- that allow the rights of a registry and priately execute our obligations in Iraq est in our society. These individuals root zone operator to independently de- and Afghanistan. would continue to benefit from the termine functionality, pricing and op- In 1998, following nearly 30 years of other aspects of the 2001 and 2003 tax erations of existing services and sue deficits and a 17-fold increase in Fed- cuts, many of which predominantly ac- services as part of their new agreement eral debt from $365.8 billion to $6.4 tril- lion, bipartisan cooperation brought crued to them. with the Department of Commerce. Nearly a decade ago, thanks to the The decisionmaking process needs the budget back into balance once commitment of Senators from both visible criteria and independent arbi- again. For the first time in more than parties and all ideological persuasions, tration procedures to ensure no party a generation, some of the funds which we were able to put in motion a suc- is being unjustly prosecuted by deci- would have gone to pay interest on the cessful plan to balance the Federal sions made at the hands of the ICANN debt were instead spent actually pay- budget, and laid the groundwork for an board. Ensuring that ICANN is consid- ing down the debt. unprecedented period of economic ered a decisionmaker in global eco- Now, deficits and interest costs are growing once again. Net interest pay- growth and prosperity. nomic commerce hinges on their abil- I believe this bill moves us back to ments on the Federal debt will increase ity to reach agreements with the other this path and represents our under- sharply, from approximately $170 bil- international bodies. They have been standing that we have an obligation as lion in 2003 to more than $300 billion by required in previous memorandums of a society to raise money from time to 2012. understanding to reach agreements time to pay for those activities we with the other country code operators. We face a host of new challenges, par- ticularly the war on terror, the war in deem important to our national well- I would call on the Department of Com- being. merce to put a target date in place for Iraq, and the threat of North Korea. ICANN to reach an agreement with a This has necessarily led to a shift in f majority of the other country code op- government spending toward improv- ADDITIONAL STATEMENTS erators. ing our defense and homeland security The new leadership of both ICANN capabilities. Yet many of the chal- and at the National Telecommuni- lenges predating September 11 are still HONORING THE 55th ANNIVERSARY cations Information Administration with us: improving education, updating OF BLACK HILLS NATIONAL should be able to take a fresh look at infrastructure, and preparing for the CEMETERY the challenges that lie before ICANN retirement of the baby-boom genera- ∑ Mr. JOHNSON. Mr. President, today and its partners and bring a more or- tion, which will severely strain the So- I wish to express our Nation’s gratitude derly and professionally accountable cial Security and Medicare trust funds. for the respectful services provided by way of doing business that encourages The Congressional Budget Office pre- Black Hills National Cemetery near competition, innovation and stability dicts that the Federal deficit for fiscal Sturgis, SD. This year marks the 55th for the global internet structure. year 2004 will top $500 billion. A portion anniversary of the cemetery, and f of every dollar we spend from this day comes at a time when all Americans forward until the end of September 2004 have been painfully reminded that our LOCAL LAW ENFORCEMENT ACT will be borrowed money—money that freedom is preserved by brave men and OF 2003 our children and grandchildren will women in uniform who are willing to Mr. SMITH. Mr. President, I rise have to repay. risk their lives in service to our Na- today to speak about the need for hate It is no secret that if citizens wish to tion. crimes legislation. On May 1, 2003, Sen- receive services or undertake activities In the summer of 1862, thousands of ator KENNEDY and I introduced the as a Nation, they have the right to levy soldiers had already died in a terrible

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11984 CONGRESSIONAL RECORD — SENATE September 25, 2003 war that few believed would last more MILLIE MAIRS AWARDED 2003 tember 30, Millie and other Angels will than a matter of months. On July 17 of ‘‘ANGELS IN ADOPTION’’ AWARD come to Washington in order to be rec- that same year, Congress enacted legis- ∑ Mr. ROCKEFELLER. Mr. President, I ognized for their good works. While lation that would authorize the Presi- rise today in honor of Mrs. Millie they will look just as any other visi- dent to purchase cemetery grounds to Mairs, a woman who has demonstrated tors to the Capitol complex that day, I be used as national cemeteries for sol- her enormous capacity for love by serv- have been assured by Millie’s col- diers who died while in service to the ing some of West Virginia’s most vul- leagues and by others that they truly country. It was not long after that, in nerable children. Through her work are angels in our midst. I hope that 1873, that all honorably discharged vet- with the West Virginia Children’s you will help me in welcoming them erans became eligible for burial in na- Home Society Adoption Program, and honoring them. Further, I hope tional cemeteries. According to local Millie has touched the lives of many that you will carry their message with legend, the hoofbeats of Custer’s Cav- new families in my home state and is a you: that all children deserve a safe, alry may still be faintly heard today in cornerstone of adoption services there. healthy, and permanent home and the shadows of the Black Hills, where Later this month, Millie will be hon- that, for some children, this is only the Black Hills National Cemetery has ored alongside other ‘‘Angels in Adop- possible through adoption. provided a dedicated area for the hon- tion.’’ This is a special award created I have worked for many years in bi- ored burial of past and present South by the Congressional Adoption Caucus. partisan coalitions to promote adop- Dakota members of our Nation’s armed I would like to take a moment to tell tion and improved services for abused forces and their eligible dependents for you more about the work and accom- and neglected children. While these the past 55 years. plishments of this quiet, gentle lady issues rarely command headlines, they who has worked on behalf of children change the lives of children and fami- Too often, it seems that Congress for- for more than twenty years at the West lies across our country. People like gets those men and women who sac- Virginia Children’s Home Society. Millie Mairs and programs like Angels rificed a part of their lives to serve The West Virginia Children’s Home in Adoption remind us of the impor- their country. In a Nation as wealthy Society was created in 1896 and has tance of our adoption and child welfare as ours, the very least we can do to long provided care for children in need. programs. In 1997, Congress passed the repay veterans for their service is to Today, the Society offers adoptive, Adoption and Safe Families Act to en- provide them with the final resting child protective, and emergency serv- sure that a child’s health and safety place they deserve. Today, the Na- ices through an expanded mission. are paramount, and to express the be- tional Cemetery Association ensures Twenty-eight years ago, Millie Mairs lief that every child deserves a perma- our veterans have a proper burial, came to the Children’s Home Society nent home. Since then, adoptions from while also maintaining the national Adoption Program as an adoption sec- foster care have nearly doubled. While cemeteries as shrines to their memory. retary in order to assist West Virginia this is wonderful news, more than In the words of Abraham Lincoln, the families who hoped to adopt a child. 100,000 children remain in foster care. ‘‘nation must care for him who shall Since then, Millie has served those As Millie and her peers would tell us, have borne the battle, and for his families in a variety of roles and has we clearly have more work to do. widow and his orphan.’’ maintained a strong relationship with I am delighted to have had this op- The Black Hills National Cemetery many of them, including some of her portunity to tell you more about Millie has long been part of that respected very first clients. From administering Mairs and her work with the West Vir- tradition since World War II, when the support services to meeting with per- ginia Children’s Home Society. I have first four burials were conducted on spective parents to guiding birth moth- long believed that the people of West September 27, 1948. Three additional ers through appropriate after care, Virginia are its greatest resource; indi- burials were done before the official Millie’s name has become synonymous viduals such as Millie prove this point dedication of the Black Hills National with adoption advocacy in West Vir- again and again.∑ Cemetery on October 3, 1948. Since ginia. f those initial entombments, the re- Those who know Millie best say that HONORING JUDY HADLEY OF mains of more than 17,000 courageous no one is better suited to serve as an LINCOLN, RHODE ISLAND soldiers who have served their country adoption advocate than she. Her col- have been laid to rest there, including leagues use words such as ‘‘rare,’’ ‘‘spe- ∑ Mr. CHAFEE. Mr. President, I wish South Dakota’s only casualty from Op- cial,’’ ‘‘kind,’’ and ‘‘considerate’’ in to share with my colleagues a story eration Iraqi Freedom, Hans order to describe her. Her clients de- demonstrating one person’s ability to Gukheisen. pend on her as they complete necessary protect the environment from the paperwork and interviews, and as they threat of pollution, for the benefit of The Black Hills National Cemetery is work through the many emotions that wildlife and human enjoyment alike. also the final resting place to such no- adoption brings. And while Millie Thirty years after the passage of the table men as United States Senator serves as a valuable resource for those Clean Water Act, the Blackstone River Francis H. Case, who also gave the entering into the adoption system has shaken off a legacy of neglect and dedication address in 1948, suggesting today, her knowledge of previous adop- re-emerged as a vital community asset. that the Black Hills National Cemetery tions is priceless to those who seek The water quality has improved, a be the ‘‘Arlington of the West,’’ and even the smallest amount of informa- bikeway is under construction, and Brigadier General Richard E. Ells- tion about their past. Millie has pro- mill buildings are being restored as worth, Commander of the Rapid City vided a comforting ear and soothing apartments and condominiums. The Air Force Base, which was later re- words to these individuals since her National Park Service is promoting a named Ellsworth Air Force Base in his first days at the Children’s Home Soci- new appreciation for the work and cul- honor, was also laid to rest there. ety and has also reunited birth moth- ture of the families who have made the As the father of a soldier who has re- ers and their children from that time. Blackstone Valley their home. And cently returned from Iraq, I have made She has always understood and has just last week, I joined the Army Corps it a priority to give veterans the rec- tried to convey to others that adoption of Engineers in celebrating the restora- ognition and treatment they deserve is a selfless act of love from the per- tion of wetlands in a floodplain that for their outstanding service to our spective of both birth mothers and had been paved over for 50 years. So country. I am proud to have the Black adoptive parents. As you can imagine, there is a great deal of activity on the Hills National Cemetery located in my this has brought great comfort to chil- banks of the Blackstone. home State of South Dakota, and I am dren, birth mothers, and adoptive par- While the Federal Government has honored today to congratulate the ents alike. been a major player in the river’s re- Black Hills National Cemetery on their The Angels in Adoption Award recog- birth, none of these exciting develop- first 55 years of service. I know that nizes individuals like Millie who work ments would have been possible with- our entire Nation shares in this expres- every day to better the lives of others out the personal commitment of Black- sion of gratitude.∑ through the field of adoption. On Sep- stone Valley residents. It is their hard

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11985 work and, more importantly, their tems Center, Hanscom Air Force Base, the common defense and freedom heightened vigilance and renewed sense MA. Mr. Oulton retired on September throughout the world. of ownership of the river that have 1, 2003, following an extraordinary ca- A well-recognized legal expert, Mr. helped it to thrive. reer of more than 30 years of service to Oulton was the 1980 recipient of the One such resident is Judy Hadley of the Nation. James O. Wrightson Award, as the out- Lincoln, RI a town of about 21,000 peo- Born in upstate New York at the be- standing Air Force civilian attorney. ple, located on the Blackstone River. ginning of the Great Depression, Mr. In 1983, he was selected as the out- As the chair of the Lincoln Land Trust, Oulton was one of 10 children. Part of a standing senior civilian in the elec- Judy is a staunch defender of her close and loving family, at an early age tronic systems division of Air Force town’s remaining open spaces and a he and his siblings became accom- Systems Command, and presented the passionate advocate on behalf of the plished singers and dancers, helping Harold M. Wright award. He is widely Blackstone. She is active in a number support their large family performing published and cited in the field of secu- of other local organizations, including ‘‘minstrel shows’’ through those chal- rity assistance and foreign military the Friends of the Blackstone River, lenging years. Mr. Oulton became a sales, has been an adjunct faculty the Blackstone River Watershed Coun- one-handicap golfer in his teenage member at Western New England Col- cil, and the Lincoln Tree and Trail years while working as a caddy at a lege, and has been a guest lecturer on Commission. She has organized river local country club. He had aspirations International Law at Harvard Univer- cleanups and educated her fellow resi- to become a professional golfer, but his sity. dents about the impact that plans were cut short by the call to I ask that my colleagues join me and stormwater has on the Blackstone and service in the Korean war. Mr. Oulton’s many friends and family its wildlife population. An outstanding marksman, Mr. in saluting his many distinguished For many years, a 60-ton excavator Oulton served as an intelligence and re- years of selfless service to the United sat abandoned on a man-made island in connaissance scout with the Seventh States of America. I know our Nation, the river a relic of an old gravel mining Infantry Division in the Chorwon Val- his wife Carol, and his family are ex- operation. It was an eyesore and a po- ley. There, he spend much of his time tremely proud of his accomplishments. tential environmental hazard. Two in outposts far in front of the main line It is fitting that the Senate honors this years ago, Judy Hadley went to work: of resistance, scouting out enemy posi- true patriot today.∑ canvassing State and Federal authori- tions and coordinating artillery and f ties, trying to find the best solution for mortar fire by American and United LIEUTENANT GENERAL EMIL R. this problem. No agency seemed to Nations forces. He performed these du- ‘‘BUCK’’ BEDARD, UNITED have the right equipment or the re- ties repeatedly under hostile fire and in STATES MARINE CORPS sources to handle such an unusual re- extremely harsh and primitive condi- quest, but Judy persisted. If she could tions. Of his great physical courage and ∑ Mr. DAYTON. Mr. President, I would have dismantled it herself and taken it devotion to duty there can be no doubt. like to pay tribute to LTG Emil R. away piece by piece, I think she would After more than 9 months of combat ‘‘Buck’’ Bedard, who will retire Mon- have. at or in front of the main line of resist- day and return to private life after Fortunately, it did not come to that. ance, Mr. Oulton returned to the more than 36 years of selfless service to Last year, the Rhode Island Depart- United States and was assigned to the our Nation as a United States Marine. ment of Environmental Management United States National Honor Guard in I have had the pleasure to work with removed more than 300 gallons of diesel Arlington, VA. Upon his honorable dis- Lieutenant General Bedard on matters fuel and other fluids from the machin- charge from the Army he relocated to of importance to the U.S. Marine Corps ery. The excavator itself was finally the greater Boston area, married his and to our Nation’s defense. His experi- taken away this summer by the Army lovely wife Carol, and started his de- ence and expertise will be missed by Corps via a temporary land bridge, as voted family of four children David, many of us in the Senate, as will his part of the wetland restoration project Nancy, Sarah and Carol. After more integrity, keen insight, and good judg- I mentioned earlier. than a decade, he also began to pursue ment. This was a great triumph, and Judy his boyhood dream of becoming an at- Buck Bedard was born in Argyle, MN, Hadley’s dedication has been cheered torney. In 1970, he achieved that goal, where he graduated from Argyle high by many local residents. Without her and after three years servicing as an school. He then slipped away from Min- persistence, the excavator would still Assistant District Attorney in Mid- nesota’s grasp and attended the Uni- be slowly degrading, leaving open the dlesex County, MA, he began his long versity of North Dakota. Following his possibility that oil and fuel would seep association with the United States Air graduation, he was commissioned a out, fouling valuable marsh habitat Force, and the Electronic Systems Cen- second lieutenant in the Marine Corps downstream. Walkers and canoeists ter at Hanscom Air Force base. in December 1967. General Bedard also would still be shaking their heads at Mr. Oulton’s contributions have been holds a master of science degree, and the sight of a rusting hulk across the monumental. He was on the ground his formal military education includes river. But Judy refused to accept the floor of many novel, complex issues the U.S. Army Advanced Infantry excavator as just another part of the arising from the passage of the Arms Course, the Armed Forces Staff Col- landscape, insisting that it be removed. Control Act of 1976. He quickly became, lege, and the Army War College. In so doing, she has reminded us of the and remains, one of the Department of While he was a lieutenant, Buck Blackstone River’s great worth, as well Defense’s leading experts on the act, Bedard served as a rifle platoon com- as its vulnerability, and inspired us to security assistance, and foreign mili- mander and company executive officer be better stewards of a rediscovered re- tary sales. His contributions over three with 2d Battalion, 27th Marines, and 3d source. decades are too numerous to recount, Battalion, 3d Marines, in the Republic I know my colleagues join me in sa- but among the most significant have of Vietnam. Subsequently, he was or- luting Judy Hadley on this achieve- been as the lead attorney for the sale dered to Quantico, VA, where he served ment.∑ of the Airborne Warning and Control as a staff officer and then as the com- f System, AWACS, to a variety of U.S. mander with Schools Demonstrations allies, including the United Kingdom, Troops. HONORING DONALD P. OULTON France, Turkey, Australia, Japan, and Then-Captain Bedard was assigned to ∑ Mr. KENNEDY. Mr. President, I most notably NATO. In the build up to, the U.S. Army Intelligence School as bring to your attention today the ex- and in the wake of, Operation Desert an instructor, and he later served as a emplary work and most commendable Storm, Mr. Oulton provided the expert company commander in the 3d Marine service to one of our country’s out- legal advice that served as the founda- Division in Okinawa, Japan. Following standing public servants. Mr. Donald P. tion for the early deployment of the that tour of duty, Captain Bedard be- Oulton, Chief of the International Law Joint STARS aircraft before the Air came the Marine officer instructor at Branch, Office of the Staff Judge Advo- Force formally accepted it. His efforts the Naval Reserve Officer Training cate, U.S. Air Force Electronic Sys- have been instrumental in promoting Unit at Vanderbilt University and was

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11986 CONGRESSIONAL RECORD — SENATE September 25, 2003 a Platoon and Company Commander at MESSAGES FROM THE PRESIDENT S. 111. An act to direct the Secretary of the the Marine Corps Officer Candidate Messages from the President of the Interior to conduct a special resource study to determine the national significance of the School in Quantico, VA. Following his United States were communicated to promotion to major, he served as the Miami Circle site in the State of Florida as the Senate by Ms. Evans, one of his well as the suitability and feasibility of its Logistics Officer, 7th Marines, and then secretaries. inclusion in the National Park System as as the executive officer, 3d Battalion, f part of Biscayne National Park, and for 7th Marines. other purposes. Then-Lieutenant Colonel Bedard EXECUTIVE MESSAGES REFERRED S. 233. An act to direct the Secretary of the served as the assistant operations offi- As in executive session the PRE- Interior to conduct a study of Coltsville in cer, 1st Marine Amphibious Force, G–3, SIDING OFFICER laid before the Sen- the State of Connecticut for potential inclu- Pacific Plans Officer, and finally as the ate messages from the President of the sion in the National Park System. S. 278. An act to make certain adjustments G–5. Assigned to NATO and stationed United States submitting sundry nomi- to the boundaries of the Mount Naomi Wil- in Holland, LTC Bedard served in the nations which were referred to the ap- derness Area, and for other purposes. Central Region Operations Division in propriate committees. (The nominations received today are At 12:55 p.m., a message from the charge of reinforcement operations of House of Representatives, delivered by Allied Forces to Central Europe. printed at the end of the Senate pro- ceedings.) Ms. Niland, one of its reading clerks, Then-Colonel Bedard was reassigned announced that the House has passed to Twenty-Nine Palms, California, f the following bill, in which it requests where he directed the Combined Arms MESSAGES FROM THE HOUSE the concurrence of the Senate: Exercise Program at the Marine Corps At 11:57 a.m., a message from the H.R. 3161. An act to ratify the authority of Air Ground Combat Center. He became House of Representatives, delivered by the Federal Trade Commission to establish a the Assistant G–3 for Operations for Mr. Hays, one of its reading clerks, an- do-not-call registry. the 7th Marine Expeditionary Brigade nounced that the House has passed the f and the 1st Marine Expeditionary following bills, in which it requests the Force during Operations Desert Shield concurrence of the Senate: MEASURES READ THE FIRST TIME and Desert Storm. From May 1991, H.R. 3087. An act to provide an extension of The following bill was read the first through June 1993, Colonel Bedard highway, highway safety, motor carrier safe- time: commanded the 7th Marine Regiment, ty, transit, and other programs funded out of S. 1657. A bill to amend section 44921 of which deployed to Somalia in Decem- the Highway Trust Fund pending enactment title 49, United States Code, to provide for ber, 1992. In July, 1993, he was assigned of a law reauthorizing the Transportation the arming of cargo pilots against terrorism. as the Assistant Division Commander Equity Act for the 21st Century. for the 1st Marine Division, Camp Pen- H.R. 3146. An act to extend the Temporary f Assistance for Needy Families block grant dleton, California, and in October 1993, ENROLLED BILLS PRESENTED he was reassigned as J–3 Operations Of- program, and certain tax and trade pro- grams, and for other purposes. The Secretary of the Senate reported ficer, Joint Task Force, Somalia. H.J. Res. 69. A joint resolution making that on September 25, 2003, she had pre- In June, 1994, Colonel Bedard was ad- continuing appropriations for the fiscal year sented to the President of the United vanced to Brigadier General and was 2004, and for other purposes. States the following enrolled bills: assigned as the President, Marine The message also announced that the S. 111. An act to direct the Secretary of the Corps University and Commanding House disagrees to the amendment of Interior to conduct a special resource study General Marine Corps Schools, Marine the Senate to the bill (H.R. 2754) mak- to determine the national significance of the Corps Combat Development Command, ing appropriations for energy and Miami Circle site in the State of Florida as Quantico, Virginia. His next assign- water development for the fiscal year well as the suitability and feasibility of its ment in June, 1995, was as the Deputy ending September 30, 2004, and for inclusion in the National Park System as Commander, Marine Forces Pacific, other purposes, and agrees to the con- part of Biscayne National Park, and for Camp H.M. Smith, Hawaii. General ference asked by the Senate on the dis- other purposes. Bedard assumed command of 2d Marine S. 233. An act to direct the Secretary of the agreeing votes of the two Houses there- Interior to conduct a study of Coltsville in Division in July 1997, and was pro- on; and appoints the following Mem- the State Connecticut for potential inclusion moted to Major General on September bers as the managers of the conference in the National Park System. 1, 1997. He assumed command of 2d Ma- on the part of the House: Mr. HOBSON, S. 278. An act to make certain adjustments rine Expeditionary Force in July 1999. Mr. FRELINGHUYSEN, Mr. LATHAM, Mr. to the boundaries of the Mount Naomi Wil- On June 29, 2000, General Bedard relin- WAMP, Mrs. EMERSON, Mr. DOOLITTLE, derness Area, and for other purposes. quished command of Second Marine Mr. PETERSON of Pennsylvania, Mr. f Expeditionary Force and was advanced SIMPSON, Mr. YOUNG of Florida, Mr. to his current rank. Lieutenant Gen- VISCLOSKY, Mr. EDWARDS, Mr. PASTOR, EXECUTIVE AND OTHER eral Bedard has been the Deputy Com- Mr. CLYBURN, Mr. BERRY, and Mr. COMMUNICATIONS mandant of Plans, Policies and Oper- OBEY. The following communications were ations at Headquarters, U.S. Marine The message further announced that laid before the Senate, together with Corps, since July 2000, where he has the Speaker appoints the following accompanying papers, reports, and doc- skillfully guided Marine Corps oper- Members as additional conferees in the uments, and were referred as indicated: ations following September 11th, 2001, conference on the disagreeing votes of EC–4397. A communication from the Acting and during Operations Enduring Free- the two Houses on the amendment of Chief, Publications and Regulations Branch, dom and Iraqi Freedom. the House to the bill (S. 3) to prohibit Internal Revenue Service, transmitting, pur- Throughout his career as a U.S. Ma- the procedure commonly known as par- suant to law, the report of a rule entitled rine, Lieutenant General Bedard has tial-birth abortion: Mr. CHABOT, and ‘‘Determination of Interest Rate’’ (Rev. Rul. demonstrated his outstanding char- Ms. LOFGREN. 2003–104) received on September 22, 2003; to the Committee on Finance. acter, discerning wisdom, and deep At 12:12 p.m., a message from the House of Representatives, delivered by EC–4398. A communication from the Acting sense of duty to his Country, his Corps, Chief, Publications and Regulations Branch, his Marines, and their families. On be- Ms. Niland, one of its reading clerks, Internal Revenue Service, transmitting, pur- half of the U.S. Senate I thank Lieu- announced that the Speaker has signed suant to law, the report of a rule entitled tenant General Bedard for his exem- the following enrolled bills: ‘‘The Jobs and Growth Act of 2003—Informa- plary career, his many accomplish- H.R. 2555. An act making appropriations tion Reporting for Payments in Lieu of Divi- ments, and his devoted service to our for the Department of Homeland Security for dends’’ (Notice 2003–67) received on Sep- Nation. We also thank his wife, Linda, the fiscal year ending September 30, 2004, and tember 22, 2003; to the Committee on Fi- for other purposes. nance. and their three children for sharing H.R. 2657. An act making appropriations EC–4399. A communication from the Acting him with his country. Congratulations, for the Legislative Branch for the fiscal year Chief, Publications and Regulations Branch, Lieutenant General Bedard; your mis- ending September 30, 2004, and for other pur- Internal Revenue Service, transmitting, pur- sion has been very well accomplished.∑ poses. suant to law, the report of a rule entitled

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11987 ‘‘Built-in Gains or Losses Under Section ant to law, the report of a rule entitled ‘‘VA favorably the following nomination 382(h)’’ (Notice 2003–65) received on Sep- Homeless Providers Grant and Per Diem Pro- lists which were printed in the Records tember 22, 2003; to the Committee on Fi- gram’’ (RIN2900–AL30) received on Sep- on the dates indicated, and ask unani- nance. tember 22, 2003; to the Committee on Vet- mous consent, to save the expense of EC–4400. A communication from the Chief, erans’ Affairs. Regulations Branch, Bureau of Customs and EC–4411. A communication from the Direc- reprinting on the Executive Calendar Border Protection, transmitting, pursuant to tor, Regulations Management, Veterans that these nominations lie at the Sec- law, the report of a rule entitled ‘‘Import Re- Health Administration, transmitting, pursu- retary’s desk for the information of strictions Imposed on Archaeological Mate- ant to law, the report of a rule entitled ‘‘Eli- Senators. rials from Cambodia’’ (RIN1515–AD34) re- gibility for an Appropriate Government The PRESIDING OFFICER. Without ceived on September 22, 2003; to the Com- Marker for a Grave Already Marked at Pri- objection, it is so ordered. mittee on Finance. vate Expense’’ (RIN2900–AL40) received on Air Force nominations beginning Mark T. EC–4401. A communication from the Sec- September 22, 2003; to the Committee on Vet- Allison and ending Frederick M. Wolfe, retary of the Treasury, transmitting, pursu- erans’ Affairs. which nominations were received by the Sen- ant to law, a report relative to the audit of f ate and appeared in the Congressional the Telecommunications Development Fund; Record on February 25, 2003. to the Committee on Finance. REPORTS OF COMMITTEES Air Force nominations beginning Geoffrey EC–4402. A communication from the Chair- The following reports of committees H. Hills and ending John B. Steele, which man, International Trade Commission, were submitted: nominations were received by the Senate and transmitting, pursuant to law, a report enti- appeared in the Congressional Record on tled ‘‘Steel: Monitoring Developments in the By Mr. HATCH, from the Committee on September 2, 2003. Domestic Industry’’; to the Committee on the Judiciary, with an amendment and with Air Force nominations beginning Craig H. Finance. a preamble: Morris and ending Sherice D. Young, which EC–4403. A communication from the Assist- S. Res. 98. A resolution expressing the nominations were received by the Senate and ant Legal Adviser for Treaty Affairs, Depart- sense of the Senate that the President appeared in the Congressional Record on ment of State, transmitting, pursuant to should designate the week of October 12, September 2, 2003. law, the report of texts and background 2003, through October 18, 2003, as ‘‘National Air Force nomination of Brian P. Olson. statements of international agreements, Cystic Fibrosis Awareness Week’’. Air Force nominations beginning Teri L. other than treaties; to the Committee on By Mr. HATCH, from the Committee on Poulton-Consoldane and ending Sheldon G. Foreign Relations. the Judiciary, without amendment and with White, which nominations were received by EC–4404. A communication from the Assist- a preamble: the Senate and appeared in the Congres- ant Secretary, Legislative Affairs, Depart- S. Res. 209. A resolution recognizing and sional Record on September 2, 2003. ment of State, transmitting, pursuant to honoring Woodstock, Vermont, native Hiram Air Force nominations beginning Scott G. law, the report of a rule entitled ‘‘Docu- Powers for his extraordinary and enduring Book and ending Sara K. Slavens, which mentation of Nonimmigrants Under the Im- contributions to American sculpture. nominations were received by the Senate and migration and Nationality Act, As Amended: S. Res. 222. A resolution designating Octo- appeared in the Congressional Record on Automatic Visa Revalidation; Final Rule’’ ber 17, 2003 as ‘‘National Mammography September 2, 2003. (22 CFR Part 21) received on September 22, Day’’. Air Force nominations beginning Stephen 2003; to the Committee on Foreign Relations. By Mr. HATCH, from the Committee on W. Humphrey and ending Randy J. EC–4405. A communication from the Assist- the Judiciary, with an amendment in the na- Yovanovich, which nominations were re- ant Secretary, Policy, Management and ture of a substitute: ceived by the Senate and appeared in the Budget, Department of the Interior, trans- S. 1293. A bill to criminalize the sending of Congressional Record on September 4, 2003. mitting, the Department’s annual report rel- predatory and abusive e-mail. Air Force nomination of Gerilyn A. ative to grants streamlining and standard- By Mr. HATCH, from the Committee on Posner. ization; to the Committee on Governmental the Judiciary, without amendment: Army nominations beginning William T. Affairs. S. 1451. A bill to reauthorize programs Barbee, Jr. and ending Kenneth W. Yates, EC–4406. A communication from the Ad- under the Runaway and Homeless Youth Act which nominations were received by the Sen- ministrator, Office of Information and Regu- and the Missing Children’s Assistance Act, ate and appeared in the Congressional latory Affairs, Office of Management and and for other purposes. Record on June 16, 2003. Army nominations beginning Stephen W. Budget, transmitting, a report relative to f Austin and ending Nathan L. Zimmerman, the effects of regulation and paperwork on which nominations were received by the Sen- the economy and Federal agency consulta- EXECUTIVE REPORTS OF ate and appeared in the Congressional tions that take place with State, local, and COMMITTEES Record on July 30, 2003. Tribal governments; to the Committee on The following executive reports of Army nominations beginning Michael J. Governmental Affairs. committees were submitted: Bullock and ending Paul A. Trapani, which EC–4407. A communication from the Direc- nominations were received by the Senate and tor, Office of Standards, Regulations and By Mr. WARNER for the Committee on appeared in the Congressional Record on Variances, Mine Safety and Health Adminis- Armed Services. July 30, 2003. tration, transmitting, pursuant to law, the *Gordon England, of Texas, to be Secretary of the Navy. Army nominations beginning Madelfia A. report of a rule entitled ‘‘Emergency Evacu- Abb and ending X0007, which nominations ations’’ (RIN1219–AB33) received on Sep- Air Force nomination of Lt. Gen. Lance L. Smith. were received by the Senate and appeared in tember 22, 2003; to the Committee on Health, the Congressional Record on August 1, 2003. Education, Labor, and Pensions. Air Force nomination of Lt. Gen. William R. Looney III. Army nominations beginning Richard K. EC–4408. A communication from the Direc- Addo and ending Veronica S. Zsido, which torate, Directorate of Construction, Occupa- Army nomination of Colonel Dennis P. Geoghan. nominations were received by the Senate and tional Safety and Health Administration, appeared in the Congressional Record August transmitting, pursuant to law, the report of Army nomination of Maj. Gen. Claude V. Christianson. 1, 2003. a rule entitled ‘‘Safety Standards for Signs, Army nominations beginning Bryan K. Signals, and Barricades’’ (RIN1218–AB88) re- Army nomination of Lt. Gen. William E. Ward. Adams and ending Joseph M. Yoswa, which ceived on September 17, 2003; to the Com- nominations were received by the Senate and mittee on Health, Education, Labor, and Navy nomination of Rear Adm. (lh) Peter L. Andrus. appeared in the Congressional Record on Au- Pensions. gust 1, 2003. EC–4409. A communication from the Chief, Navy nomination of Rear Adm. (lh) James M. McGarrah. Army nominations beginning Scott E. Coordination and Review Section, Civil Alexander and ending William H. Woods, Rights Division, Department of Justice, Navy nomination of Capt. Richard E. Cellon. which nominations were received by the Sen- transmitting, pursuant to law, the report of ate and appeared in the Congressional a rule entitled ‘‘Nondiscrimination on the Navy nomination of Capt. Ben F. Gaumer. Navy nomination of Rear Adm. Henry G. Record on August 1, 2003. Basis of Race, Color, or National Origin in Ulrich III. Army nomination of Kevin J. Chapman. Programs Receiving Federal Assistance; Navy nominations beginning Michael S Navy nomination of Rear Adm. John G. Nondiscrimination on the Basis of Handicap Agabegi and ending Reid J Winkler, which Cotton. in Programs Receiving Federal Assistance; nominations were received by the Senate and Navy nomination of Vice Adm. Timothy J. Nondiscrimination on the Basis of Age in appeared in the Congressional Record on Keating. Programs Receiving Federal Assistance’’ September 17, 2003. Navy nomination of Capt. Robert F. Burt. (RIN1190–AA49) received on September 22, Navy nominations beginning John R An- Marine Corps nomination of Maj. Gen. Jan 2003; to the Committee on the Judiciary. derson and ending Nicolas D I Yamodis, C. Huly. EC–4410. A communication from the Direc- which nominations were received by the Sen- tor, Regulations Management, Veterans Mr. WARNER. Mr. President, for the ate and appeared in the Congressional Health Administration, transmitting, pursu- Committee on Armed Services I report Record on September 17, 2003.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11988 CONGRESSIONAL RECORD — SENATE September 25, 2003 Navy nominations beginning Alan L Navy nominations beginning Vida M. appeared in the Congressional Record on Adams and ending Georges E Younes, which Antolinjenkins and ending Dominick G. September 3, 2003. nominations were received by the Senate and Yacono, Jr., which nominations were re- Navy nomination of Paul C. Brown. appeared in the Congressional Record on ceived by the Senate and appeared in the Navy nomination of Paul H. Evers. September 17, 2003. Congressional Record on July 30, 2003. Navy nomination of Robert E. Stone. Navy nominations beginning James D Ab- Navy nominations beginning James J. An- Navy nominations beginning William K. bott and ending Robert W Zurschmit, which derson and ending John F. Zollo, which Bane and ending Andy J. Lancaster, which nominations were received by the Senate and nominations were received by the Senate and nominations were received by the Senate and appeared in the Congressional Record on appeared in the Congressional Record on appeared in the Congressional Record on September 17, 2003. July 30, 2003. September 17, 2003. Navy nominations beginning Tim K Adams Navy nominations beginning Michael T. Navy nominations beginning Bradley A and ending Timothy P Zinkus, which nomi- Akin and ending Peter G. Woodson, which Appleman and ending Florencio J Yuzon, nations were received by the Senate and ap- nominations were received by the Senate and which nominations were received by the Sen- peared in the Congressional Record on Sep- appeared in the Congressional Record on ate and appeared in the Congressional tember 17, 2003. July 30, 2003. Record on September 17, 2003. Navy nominations beginning Erskine L By Mr. HATCH for the Committee on the Navy nominations beginning Richard E. Aguila and ending Scott D. Thomas, which Alvis and ending Randy E Williams, which Judiciary. nominations were received by the Senate and Mauricio J. Tamargo, of Florida, to be nominations were received by the Senate and appeared in the Congressional Record on appeared in the Congressional Record on Chairman of the Foreign Claims Settlement September 17, 2003. Commission of the United States for a term July 30, 2003. expiring September 30, 2006. Navy nominations beginning Linda M. f Carlos T. Bea, of California, to be United Acosta and ending Joan L. Wright, which nominations were received by the Senate and INTRODUCTION OF BILLS AND States Circuit Judge for the Ninth Circuit. JOINT RESOLUTIONS Marcia A. Crone, of Texas, to be United appeared in the Congressional Record on States District Judge for the Eastern Dis- July 30, 2003. The following bills and joint resolu- trict of Texas. Navy nominations beginning Leanne K. tions were introduced, read the first William Q. Hayes, of California, to be Aaby and ending Michael J. Zucchero, which and second times by unanimous con- nominations were received by the Senate and United States District Judge for the South- sent, and referred as indicated: ern District of California. appeared in the Congressional Record on By Mr. ENSIGN (for himself, Mrs. John A. Houston, of California, to be July 30, 2003. FEINSTEIN, Mr. DORGAN, Mr. DEWINE, United States District Judge for the South- Navy nominations beginning Lee A. Axtell Mr. MCCAIN, Mr. STEVENS, Mr. ern District of California. and ending Dennis W. Young, which nomina- LEAHY, Mr. KOHL, Mr. SCHUMER, Mr. Ronald A. White, of Oklahoma, to be tions were received by the Senate and ap- FEINGOLD, Mr. HARKIN, Mr. LEVIN, United States District Judge for the Eastern peared in the Congressional Record on July Mr. LAUTENBERG, Mr. PRYOR, Mr. District of Oklahoma. 30, 2003. Navy nominations beginning Emma J.M. VOINOVICH, Mr. BIDEN, Mr. GRASSLEY, Robert Clive Jones, of Nevada, to be Brown and ending Marcia L. Ziemba, which Mr. DURBIN, Mr. KENNEDY, Mr. JEF- United States District Judge for the District nominations were received by the Senate and FORDS, Mr. CORZINE, Mr. LIEBERMAN, of Nevada. Mr. EDWARDS, Mr. KERRY, Mr. GRA- Phillip S. Figa, of Colorado, to be United appeared in the Congressional Record on Au- HAM of South Carolina, Mr. ALEX- States District Judge for the District of Col- gust 1, 2003. Navy nominations beginning Brent T. ANDER, Ms. LANDRIEU, Mr. ALLEN, Mr. orado. Channell and ending Matthew W. Edwards, CORNYN, Ms. CANTWELL, Mr. SMITH, John Francis Bardelli, of Connecticut, to which nominations were received by the Sen- Mr. SARBANES, Mr. GRAHAM of Flor- be United States Marshal for the District of ate and appeared in the Congressional ida, Ms. MURKOWSKI, Mr. NELSON of Connecticut for the term of four years. Record on August 1, 2003. Florida, Mr. DOMENICI, Mr. REED, Mr. *Nomination was reported with rec- Navy nominations beginning Marc E Boyd WARNER, Mr. FRIST, Mr. BURNS, Mr. ommendation that it be confirmed sub- and ending Wendy L Snyder, which nomina- LUGAR, Ms. MIKULSKI, Mr. FITZ- ject to the nominee’s commitment to tions were received by the Senate and ap- GERALD, Mr. COLEMAN, Mr. DASCHLE, respond to requests to appear and tes- peared in the Congressional Record on Sep- Mr. AKAKA, Ms. COLLINS, Mr. ENZI, tify before any duly constituted com- tember 3, 2003. Mr. CHAFEE, Ms. SNOWE, Mr. JOHN- Navy nominations beginning Olivia L mittee of the Senate. SON, Mrs. MURRAY, Mr. BAYH, Mrs. Bethea and ending Theresa A Talbert, which HUTCHISON, Mr. BROWNBACK, Mr. (Nominations without an asterisk nominations were received by the Senate and INOUYE, Mr. REID, Mr. DODD, Mr. were reported with the recommenda- appeared in the Congressional Record on NICKLES, Mr. CAMPBELL, Mr. WYDEN, tion that they be confirmed.) September 3, 2003. Ms. STABENOW, and Mr. SPECTER): Army nomination of Mary M. McCord. Navy nominations beginning Jason B Bab- S. 1655. A bill to ratify the authority of the Army nomination of Charles A. Jarnot. cock and ending Timothy J Zinck, which Federal Trade Commission to establish the Army nomination of Joseph T. Ramsey. nominations were received by the Senate and do-not-call registry; to the Committee on Army nomination of John B. appeared in the Congressional Record on Commerce, Science, and Transportation. Munozatkinson. September 3, 2003. By Mr. CORZINE: Army nomination of Andrew D. Stewart. Navy nominations beginning Reid B S. 1656. A bill to address regulation of sec- Army nominations beginning Tyrone C. * Applequist and ending Bret A Washburn, ondary mortgage market enterprises, and for Abero and ending X3713, which nominations which nominations were received by the Sen- other purposes; to the Committee on Bank- were received by the Senate and appeared in ate and appeared in the Congressional ing, Housing, and Urban Affairs. the Congressional Record on September 10, Record on September 3, 2003. By Mr. BUNNING (for himself and Mrs. 2003. Navy nominations beginning Tracie L BOXER): Army nomination of Gregory S. Johnson. Andrusiak and ending Robert A Wolf, which S. 1657. A bill to amend section 44921 of Army nomination of Timothy C. Kelly. nominations were received by the Senate and title 49, United States Code, to provide for Army nominations beginning Paul D. Har- appeared in the Congressional Record on the arming of cargo pilots against terrorism; rell and ending William S. Lee, which nomi- September 3, 2003. read the first time. nations were received by the Senate and ap- Navy nominations beginning Timothy A By Mr. DASCHLE (for Mr. GRAHAM of peared in the Congressional Record on Sep- Anderson and ending Douglas T Wahl, which Florida): tember 17, 2003. nominations were received by the Senate and S. 1658. A bill to make residents of Puerto Marine Corps nomination of Bryan D. appeared in the Congressional Record on Rico eligible for the earned income tax cred- McKinney. September 3, 2003. it, the refundable portion of the child tax Marine Corps nomination of Jon C. Rhodes. Navy nominations beginning Sowon S Ahn credit, and supplemental security income Marine Corps nomination of Colin D. and ending Scott D Young, which nomina- benefits; to the Committee on Finance. Smith. tions were received by the Senate and ap- By Mr. SCHUMER: Navy nominations beginning Stephen M. peared in the Congressional Record on Sep- S. 1659. A bill to designate the facility of Saia and ending David A. Tubley, which tember 3, 2003. the United States Postal Service located at nominations were received by the Senate and Navy nominations beginning Leon S 57 Old Tappan Road in Tappan, New York, as appeared in the Congressional Record on Abrams and ending Carl Zeigler, which nomi- the ‘‘John G Dow Post Office Building; to the July 30, 2003. nations were received by the Senate and ap- Committee on Governmental Affairs. Navy nominations beginning Roland E. peared in the Congressional Record on Sep- By Mr. CAMPBELL (for himself, Mr. Arellano and ending Marva L. Wheeler, tember 3, 2003. DOMENICI, Mr. ALLARD, and Mr. which nominations were received by the Sen- Navy nominations beginning Rafael A REID): ate and appeared in the Congressional Acevedo and ending Todd A Zirkle, which S. 1660. A bill to improve water quality on Record on July 30, 2003. nominations were received by the Senate and abandoned and inactive mine land, and for

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11989 other purposes; to the Committee on Envi- S. 659 Illinois (Mr. DURBIN) was added as a co- ronment and Public Works. At the request of Mr. CRAIG, the sponsor of S. 1222, a bill to amend title By Mr. DODD: name of the Senator from South Da- XVIII of the Social Security Act to re- S. 1661. A bill to require the Federal Trade kota (Mr. DASCHLE) was added as a co- quire the Secretary of Health and Commission to establish a list of consumers sponsor of S. 659, a bill to prohibit civil who request not to receive telephone sales Human Services, in determining eligi- calls; to the Committee on Commerce, liability actions from being brought or bility for payment under the prospec- Science, and Transportation. continued against manufacturers, dis- tive payment system for inpatient re- By Ms. SNOWE: tributors, dealers, or importers of fire- habilitation facilities, to apply criteria S. 1662. A bill to amend the Internal Rev- arms or ammunition for damages re- consistent with rehabilitation impair- enue Code of 1986 to expand the work oppor- sulting from the misuse of their prod- ment categories established by the tunity tax credit to include trade adjust- ucts by others. Secretary for purposes of such prospec- ment assistance as a targeted group; to the S. 695 tive payment system. Committee on Finance. At the request of Ms. COLLINS, the S. 1234 By Mrs. DOLE: name of the Senator from South Da- S. 1663. A bill to replace certain Coastal kota (Mr. JOHNSON) was added as a co- At the request of Mr. MCCAIN, the Barrier Resources System maps; to the Com- name of the Senator from South Caro- mittee on Environment and Public Works. sponsor of S. 695, a bill to amend the By Mr. COCHRAN (for himself, Mr. Internal Revenue Code of 1986 to in- lina (Mr. HOLLINGS) was added as a co- HARKIN, Mr. ROBERTS, Mr. CRAIG, Mr. crease the above-the-line deduction for sponsor of S. 1234, a bill to reauthorize CRAPO, Mr. CHAMBLISS, Mr. MILLER, teacher classroom supplies and to ex- the Federal Trade Commission, and for Mr. COLEMAN, Mr. NELSON of Ne- pand such deduction to include quali- other purposes. OHL ALENT braska, Mr. K , Mr. T , Mr. fied professional development expenses. S. 1261 LUGAR, Mr. CONRAD, Ms. LANDRIEU, S. 736 and Mr. BREAUX): At the request of Mr. MCCAIN, the S. 1664. A bill to amend the Federal Insec- At the request of Mr. ENSIGN, the name of the Senator from South Caro- ticide, Fungicide, and Rodenticide Act to name of the Senator from Minnesota lina (Mr. HOLLINGS) was added as a co- provide for the enhanced review of covered (Mr. DAYTON) was added as a cosponsor sponsor of S. 1261, a bill to reauthorize pesticide products, to authorize fees for cer- of S. 736, a bill to amend the Animal the Consumer Product Safety Commis- tain pesticide products, and to extend and Welfare Act to strengthen enforcement sion, and for other purposes. improve the collection of maintenance fees; of provisions relating to animal fight- to the Committee on Agriculture, Nutrition, ing, and for other purposes. S. 1297 and Forestry. S. 853 At the request of Mr. HATCH, the f At the request of Ms. SNOWE, the name of the Senator from Arizona (Mr. SUBMISSION OF CONCURRENT AND names of the Senator from Illinois (Mr. KYL) was added as a cosponsor of S. SENATE RESOLUTIONS DURBIN) and the Senator from Iowa 1297, a bill to amend title 28, United (Mr. HARKIN) were added as cosponsors States Code, with respect to the juris- The following concurrent resolutions of S. 853, a bill to amend title XVIII of diction of Federal courts inferior to the and Senate resolutions were read, and the Social Security Act to eliminate Supreme Court over certain cases and referred (or acted upon), as indicated: discriminatory copayment rates for controversies involving the Pledge of By Ms. STABENOW (for herself and outpatient psychiatric services under Allegiance to the Flag. Mr. LEVIN): the medicare program. S. Res. 234. A resolution honoring the De- S. 1431 S. 854 troit Shock on winning the Women’s Na- At the request of Mr. LAUTENBERG, tional Basketball Association Championship; At the request of Mr. DAYTON, the the name of the Senator from Cali- considered and agreed to. name of the Senator from California fornia (Mrs. BOXER) was added as a co- By Mr. DAYTON (for himself and Mr. (Mrs. FEINSTEIN) was added as a co- sponsor of S. 1431, a bill to reauthorize COLEMAN): sponsor of S. 854, a bill to authorize a the assault weapons ban, and for other S. Res. 235. A resolution honoring the life comprehensive program of support for purposes. of the late Herb Brooks and expressing the victims of torture, and for other pur- deepest condolences of the Senate to his poses. S. 1494 family on his death; to the Committee on the S. 859 At the request of Mr. BUNNING, the Judiciary. At the request of Mr. CORZINE, the name of the Senator from Colorado f name of the Senator from California (Mr. ALLARD) was added as a cosponsor ADDITIONAL COSPONSORS (Mrs. FEINSTEIN) was added as a co- of S. 1494, a bill to amend the Internal sponsor of S. 859, a bill to amend the Revenue Code of 1986 to extend the spe- S. 55 Public Health Service Act with respect cial 5-year carryback of certain net op- At the request of Mr. JOHNSON, the to facilitating the development of erating losses to losses for 2003, 2004, name of the Senator from North Da- microbicides for preventing trans- and 2005. kota (Mr. CONRAD) was added as a co- mission of HIV and other diseases. sponsor of S. 55, a bill to amend title S. 1558 S. 982 38, United States Code, to modify the At the request of Mr. ALLARD, the At the request of Mr. SANTORUM, the annual determination of the rate of the name of the Senator from Alabama name of the Senator from Alaska (Mr. basic benefit of active duty educational (Mr. SHELBY) was added as a cosponsor STEVENS) was added as a cosponsor of assistance under the Montgomery GI of S. 1558, a bill to restore religious S. 982, a bill to halt Syrian support for Bill, and for other purposes. freedoms. terrorism, end its occupation of Leb- S. 573 anon, stop its development of weapons S. 1622 At the request of Mr. FRIST, the of mass destruction, cease its illegal At the request of Mr. GRAHAM of name of the Senator from Utah (Mr. importation of Iraqi oil, and hold Syria Florida, the names of the Senator from HATCH) was added as a cosponsor of S. accountable for its role in the Middle North Carolina (Mrs. DOLE), the Sen- 573, a bill to amend the Public Health East, and for other purposes. ator from South Dakota (Mr. JOHNSON), Service Act to promote organ dona- S. 1032 the Senator from Maryland (Ms. MI- tion, and for other purposes. At the request of Mr. SARBANES, the KULSKI), the Senator from Nevada (Mr. S. 596 name of the Senator from Idaho (Mr. REID), the Senator from West Virginia At the request of Mr. ENSIGN, the CRAPO) was added as a cosponsor of S. (Mr. ROCKEFELLER), the Senator from name of the Senator from New Mexico 1032, a bill to provide for alternative Louisiana (Ms. LANDRIEU) and the Sen- (Mr. DOMENICI) was added as a cospon- transportation in certain federally ator from Georgia (Mr. MILLER) were sor of S. 596, a bill to amend the Inter- owned or managed areas that are open added as cosponsors of S. 1622, a bill to nal Revenue Code of 1986 to encourage to the general public. amend title 10, United States Code, to the investment of foreign earnings S. 1222 exempt certain members of the Armed within the United States for productive At the request of Mr. NELSON of Ne- Forces from the requirement to pay business investments and job creation. braska, the name of the Senator from subsistence charges while hospitalized.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11990 CONGRESSIONAL RECORD — SENATE September 25, 2003 S. 1642 nues of said District for the fiscal year rienced personnel, a significant portion At the request of Mr. LEAHY, the ending September 30, 2004, and for of whom will be designated specifically name of the Senator from South Da- other purposes. to carry out examinations and super- kota (Mr. DASCHLE) was added as a co- f visory activities, to make certain that sponsor of S. 1642, a bill to extend the the agency can fulfill its safety and duration of the immigrant investor re- STATEMENTS ON INTRODUCED soundness responsibilities. gional center pilot program for 5 addi- BILLS AND JOINT RESOLUTIONS Central to that oversight function is tional years, and for other purposes. By Mr. CORZINE: ensuring that the enterprises maintain S. 1645 S. 1656. A bill to address regulation of safe and sound capital through vig- At the request of Mr. CRAIG, the secondary mortgage market enter- orous, continuous monitoring. The leg- name of the Senator from Wyoming prises, and for other purposes; to the islation therefore requires the new (Mr. ENZI) was added as a cosponsor of Committee on Banking, Housing, and agency to ensure that the enterprises S. 1645, a bill to provide for the adjust- Urban Affairs. remain in continuous compliance with ment of status of certain foreign agri- Mr. CORZINE. Mr. President, I rise their statutorily prescribed minimum cultural workers, to amend the Immi- to introduce The Federal Housing En- capital holding requirements. By ensuring that the GSEs maintain gration and Nationality Act to reform terprise Oversight Modernization Act adequate capital, we will mitigate the the H–2A worker program under that of 2003, legislation to establish a new, world-class regulator for our housing risks to the enterprises, and our finan- Act, to provide a stable, legal agricul- Government Sponsored Enterprises cial markets, from unforeseen shocks tural workforce, to extend basic legal (GSEs)—Fannie Mae and Freddie Mac— that can, and do, occasionally occur in protections and better working condi- as an agency within the Department of our financial markets. To accomplish tions to more workers, and for other Treasury. this, the legislation takes a multi- purposes. There is no doubt that housing fi- pronged approach to the issue of risk- S. 1654 nance is essential to our economy and based capital. At the request of Mr. STEVENS, the has been one of our Nation’s few eco- First, the legislation requires the name of the Senator from Alaska (Ms. nomic bright spots in recent years. new agency to continually monitor the MURKOWSKI) was added as a cosponsor Given its critical role, and the size and risk-based capital held by the enter- of S. 1654, a bill to ratify the authority complex financial structures of the prises, but it also provides the new of the Federal Trade Commission to es- GSE’s, which account for billions of agency’s director with the flexibility to tablish a do-not-call registry. mortgage-finance dollars, we need a adjust the risk-based capital level of S. CON. RES. 21 credible, world-class regulator that can the enterprises in order to ensure their At the request of Mr. BUNNING, the provide effective oversight. safe and sound financial operation. name of the Senator from South Caro- Regrettably, the current system of The legislation also authorizes the lina (Mr. GRAHAM) was added as a co- GSE supervision fails to meet that new agency to conduct a comprehen- sponsor of S. Con. Res. 21, a concurrent standard. sive review of the enterprises’ risk- resolution expressing the sense of the This legislation has four primary ob- based capital rule every five years. Congress that community inclusion jectives: establishing a new, inde- Part of the review would include a re- and enhanced lives for individuals with pendent regulator that is credible and port to Congress entailing what, if any, mental retardation or other develop- capable; ensuring safe and sound cap- proposed changes the new agency be- mental disabilities is at serious risk ital; promoting market discipline and lieves are needed to the risk-based cap- because of the crisis in recruiting and transparency through enhanced disclo- ital rule to better align the capital retaining direct support professionals, sures; and providing an incremental ap- held by the enterprises with risk, and which impedes the availability of a sta- proach to ultimately consolidating su- reflect evolving best practices for risk- ble, quality direct support workforce. pervision of the Federal Home Loan based capital standards for large, com- S. RES. 202 Banks under the regulatory framework plex financial institutions. However, on At the request of Mr. CAMPBELL, the contained in this legislation. a continual basis the Director would name of the Senator from Wisconsin The proposal also recognizes the im- have the authority to adjust elements portance of the GSEs’ underlying hous- (Mr. FEINGOLD) was added as a cospon- to the enterprises’ stress test other sor of S. Res. 202, a resolution express- ing mission and leaves responsibility than those specifically prescribed in ing the sense of the Senate regarding for establishing the GSEs annual hous- the risk-based rule. the genocidal Ukraine Famine of 1932– ing goals and overseeing their compli- With regard to the GSE non-mort- 33. ance with fair housing laws with the gage related investments, this legisla- Department of Housing and Urban De- tion affirms the notion that those in- S. RES. 222 velopment (HUD). vestments should be of the highest At the request of Mr. BIDEN, the The legislation would create a new quality and within the scope of the en- name of the Senator from Alaska (Ms. agency, the Office of Federal Housing terprises’ respective charters. It does MURKOWSKI) was added as a cosponsor Enterprise Supervision (OFHES), as a so by requiring the new agency to con- of S. Res. 222, a resolution designating bureau within the Department of the tinuously monitor the appropriateness October 17, 2003 as ‘‘National Mammog- Treasury, with a structure similar to of the investments in the liquid and raphy Day’’. that of the Office of the Comptroller of non-liquid portfolios of the GSEs and AMENDMENT NO. 1786 the Currency (OCC) and the Office of by certifying that the liquidity man- At the request of Mr. PRYOR, the Thrift Supervision (OTS). agement practices of the enterprises names of the Senator from New Jersey The agency would have general regu- coinform with recommendations con- (Mr. CORZINE), the Senator from New latory, supervisory and enforcement tained in the ‘‘Sound Practices for Jersey (Mr. LAUTENBERG), the Senator authority with respect to the enter- Managing Liquidity in Banking Orga- from Minnesota (Mr. DAYTON), the Sen- prises, be independent of Treasury with nizations’’ established by the Basel ator from Michigan (Mr. LEVIN), the regard to its comments and congres- Committee. Senator from Vermont (Mr. JEFFORDS), sional testimony, and have a director, The capital and liquidity manage- the Senator from South Dakota (Mr. appointed for a five-year term, who ment provisions of this legislation are JOHNSON), the Senator from Illinois would be given a seat on the Federal balanced. They ensure that the enter- (Mr. DURBIN), the Senator from Lou- Financial Institutions Examination prises maintain appropriate minimum isiana (Ms. LANDRIEU) and the Senator Council (FFIEC). To ensure that the capital and are adequately capitalized from Massachusetts (Mr. KERRY) were enterprises’ activities remain con- relative to their risks. They also em- added as cosponsors of amendment No. sistent with the scope of their charter, power the new agency to take appro- 1786 intended to be proposed to H.R. the agency would be authorized to ap- priate action if enterprises become 2765, a bill making appropriations for prove all new enterprise programs, but undercapitalized, and promote sound li- the government of the District of Co- in close consultation with HUD. quidity management practices. At the lumbia and other activities chargeable Additionally, the agency would be same time, the bill is not so overly pre- in whole or in part against the reve- given broad new authority to hire expe- scriptive that it would undermine the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11991 essential liquidity the enterprises’ pro- And as I mentioned earlier, the Sec. 132. Supervisory actions applicable to vide, which has enabled America’s FHLBs would be required to imme- undercapitalized enterprises. housing markets to become the envy of diately comply with financial disclo- Sec. 133. Supervisory actions applicable to the world. sure and reporting requirements under significantly undercapitalized enterprises. The third element of this bill that the 1934 act in a manner similar to should dramatically improve the GSE’s those required of Fannie Mae and Subtitle C—Enforcement Actions regulatory framework promotes trans- Freddie Mac under this bill. Sec. 151. Cease-and-desist proceedings. parency through enhanced disclosures Lastly, the legislation would author- Sec. 152. Temporary cease-and-desist pro- ceedings. requirements. ize the Secretary of the Treasury to Sec. 153. Removal and prohibition authority. This legislation statutorily requires designate an individual to serve as one Sec. 154. Enforcement and jurisdiction. Fannie Mae, Freddie Mac and the Fed- of the five Federal Housing Finance Sec. 155. Civil money penalties. eral Home Loan Banks to disclose a va- Board members. This authority, trans- Sec. 156. Criminal penalty. riety of information that will provide ferred from HUD, would immediately Subtitle D—General Provisions the public, investors, and Congress involve Treasury in the regulatory ru- Sec. 161. Conforming and technical amend- with a better understanding of the un- bric of the FHFB and ease the transi- ments. derlying financial health of our hous- tion of the consolidation of the FHFBs Sec. 162. Effective date. ing enterprises. regulatory responsibilities into this TITLE II—TRANSFER OF FUNCTIONS, First, the legislation requires the new agency. PERSONNEL, AND PROPERTY GSEs to register their equities under In conclusion, the reforms contained Sec. 201. Abolishment of OFHEO. the Securities Exchange Act of 1934, in this proposal are very important. Sec. 202. Continuation and coordination of and to comply with SEC disclosure and They would establish a new regulatory certain regulations. reporting requirements contained framework that promotes sound and Sec. 203. Transfer and rights of employees of under sections 12 (Registration Re- safe financial operations at the GSEs. OFHEO. quirements for Securities), 14 (Proxy They would promote stability in our Sec. 204. Transfer of property and facilities. Voting Information) and 16 (Insider capital markets by providing investors TITLE I—REFORM OF REGULATION OF Sales) of the 1934 Act. with better information about the fi- FANNIE MAE AND FREDDIE MAC These disclosures are consistent with nancial health of the enterprises. They Subtitle A—Improvement of Supervision the highest standards of corporate gov- would affirm the GSEs’ critical role in SEC. 101. ESTABLISHMENT OF OFFICE OF FED- ernance and disclosure required of our nation’s housing market. And they ERAL HOUSING ENTERPRISE SUPER- other public companies and in my mind VISION IN THE DEPARTMENT OF would protect investors and taxpayers, THE TREASURY. there is no reason why the GSEs should while preserving the opportunity of (a) IN GENERAL.—The Federal Housing En- not be required to do so as well. millions of families to pursue the terprises Financial Safety and Soundness Second, this legislation would re- American dream of homeownership. Act of 1992 (12 U.S.C. 4501 et seq.) is amended quire Fannie Mae and Freddie Mac to I urge my colleagues to support this, by striking sections 1311 and 1312 and insert- disclose information regarding their important legislation. ing the following: interest rate and credit risks. Specifi- I ask unanimous consent that the ‘‘SEC. 1311. ESTABLISHMENT OF OFFICE OF FED- cally, each enterprise would regularly text of the bill be printed in the ERAL HOUSING ENTERPRISE SUPER- report the impact on their mortgage VISION. RECORD. ‘‘(a) ESTABLISHMENT.— portfolios of a 50 basis point change in There being no objection, the bill was ‘‘(1) IN GENERAL.—There is established the interest rates and a 25 basis point ordered to be printed in the RECORD, as Office of Federal Housing Enterprise Super- change in the slope of the yield curve. follows: vision, which shall be an office in the De- They would also be required to dis- S. 1656 partment of the Treasury. close, on a quarterly basis, the finan- ‘‘(2) AUTHORITY.—The Office shall succeed Be it enacted by the Senate and House of Rep- to the authority of the Director of the Office cial impact on each enterprise of an resentatives of the United States of America in immediate 5 percent decline in U.S. of Federal Housing Enterprise Oversight of Congress assembled, the Department of Housing and Urban Devel- home prices. SECTION 1. SHORT TITLE AND TABLE OF CON- Additionally, the bill requires the opment and the general regulatory and any TENTS. other authority of the Secretary of Housing GSEs to acquire credit ratings from an (a) SHORT TITLE.—This Act may be cited as and Urban Development with respect to the SEC-recognized credit rating agency to the ‘‘Federal Housing Enterprise Oversight enterprises (except as specifically provided provide an assessment of the risk to Modernization Act of 2003’’. otherwise in this title, the Federal National the government and independent finan- (b) TABLE OF CONTENTS.—The table of con- Mortgage Association Charter Act (12 U.S.C. cial health of each enterprise. This tents for this Act is as follows: 1716 et seq.), the Federal Home Loan Mort- ‘‘stand-along’’ rating would be derived Sec. 1. Short title and table of contents. gage Corporation Act (12 U.S.C. 1451 et seq.), from the underlying credit quality of TITLE I—REFORM OF REGULATION OF or any other provision of Federal law). each enterprise and assume no direct FANNIE MAE AND FREDDIE MAC ‘‘(b) PROHIBITION OF MERGER OF OFFICE.— Notwithstanding any other provision of law, Subtitle A—Improvement of Supervision support from the Federal Government. the Secretary of the Treasury may not These disclosures will ensure that Sec. 101. Establishment of Office of Federal merge or consolidate the Office, or any of the the standards of financial disclosure of Housing Enterprise Supervision functions or responsibilities of the Office, the GSEs are in line with the rest of in the Department of the Treas- with any function or program administered corporate America, making the enter- ury. by the Secretary. prises subject to public scrutiny and Sec. 102. Duties and authorities of Director ‘‘(c) SAVINGS PROVISION.—The authority of and HUD. the Director to take actions under subtitles market disciplinary forces. Sec. 103. Examiners and accountants. Finally, the bill takes an incre- B and C does not in any way limit the gen- Sec. 104. Regulations. eral supervisory and regulatory authority mental approach towards incorporating Sec. 105. Assessments. granted to the Director under subsection (a). oversight of the Federal Home Loan Sec. 106. Independence of Director in con- ‘‘SEC. 1312. DIRECTOR. Banks into the new regulatory frame- gressional testimony and rec- ‘‘(a) ESTABLISHMENT OF POSITION.—There is ommendations. work created under this bill. established the position of the Director of Sec. 107. Nonmortgage-related investments. The bill requires Treasury, in con- the Office of Federal Housing Enterprise Su- Sec. 108. Reports. sultation with HUD, to issue a report pervision, who shall be the head of the Of- Sec. 109. Review of enterprises. to Congress no later than six months fice. Sec. 110. Risk-based capital test for enter- ‘‘(b) APPOINTMENT; TERM.— after the date of the bill’s enactment prises. ‘‘(1) APPOINTMENT.—The Director shall be on the appropriate manner upon which Sec. 111. Minimum and critical capital lev- appointed by the President, by and with the to consolidate the responsibilities of els. advice and consent of the Senate, from the Federal Housing Finance Board, Sec. 112. Required disclosures. among individuals who are citizens of the Sec. 113. Federal Housing Finance Board. and oversight of the Federal Home United States. Sec. 114. Definitions. Loan Banks (FHLBs), into the regu- ‘‘(2) TERM.—The Director shall be ap- latory framework contained under this Subtitle B—Prompt Corrective Action pointed for a term of 5 years. bill. Sec. 131. Capital classifications. ‘‘(3) VACANCY.—

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‘‘(A) IN GENERAL.—A vacancy in the posi- to supervision and regulation of the enter- opportunity for a hearing on the record re- tion of Director that occurs before the expi- prises, as the Director considers appro- garding such denial.’’. ration of the term for which a Director was priate.’’. (c) REPEAL OF HUD AUTHORITY.—Part 2 of appointed shall be filled in the manner es- (b) PRIOR APPROVAL AUTHORITY FOR NEW subtitle A of title XIII of the Housing and tablished under paragraph (1). PROGRAMS.—Part 1 of Subtitle A of the Fed- Community Development Act of 1992 (12 ‘‘(B) TERM.—The Director appointed to fill eral Housing Enterprises Financial Safety U.S.C. 4501 et seq.) is amended by striking a vacancy under subparagraph (A) shall be and Soundness Act of 1992 (12 U.S.C. 4501 et sections 1321 and 1322. appointed only for the remainder of such seq.) is amended by adding at the end the fol- (d) AUTHORITY OF HUD FOR HOUSING term. lowing: GOALS.— (1) IN GENERAL.—Section 1331 of the Hous- ‘‘(4) SERVICE AFTER END OF TERM.—An indi- ‘‘SEC. 1319H. PRIOR APPROVAL AUTHORITY FOR vidual may serve as Director after the expi- NEW PROGRAMS. ing and Community Development Act of 1992 (12 U.S.C. 4561) is amended— ration of the term for which the individual ‘‘(a) IN GENERAL.—The Director, in con- (A) in the first sentence of subsection (a), was appointed until a successor has been ap- sultation with the Secretary of Housing and by inserting ‘‘of Housing and Urban Develop- pointed. Urban Development, shall require each en- ment’’ after ‘‘The Secretary’’; and ‘‘(5) TRANSITIONAL PROVISION.—Notwith- terprise to obtain the approval of the Direc- (B) by adding at the end the following: standing paragraphs (1) and (2), the Director tor, in the manner prescribed by regulation ‘‘(d) DEFINITION.—For purposes of this part, of the Office of Federal Housing Enterprise of the Director, for any new program of the Oversight of the Department of Housing and the term ‘Secretary’ means the Secretary of enterprise before implementing the program. Housing and Urban Development.’’. Urban Development on the date of enact- ‘‘(b) STANDARD FOR APPROVAL.—The Direc- (2) ANNUAL REPORT ON HOUSING GOALS.— ment of the Federal Housing Enterprise tor shall approve any new program of an en- Oversight Modernization Act of 2003, shall Section 1324 of the Housing and Community terprise for purposes of subsection (a), un- Development Act of 1992 (12 U.S.C. 4544) is serve as the Director until not later than 1 less— year after the date of enactment of that Act. amended by inserting ‘‘of Housing and Urban ‘‘(1) in the case of a new program of the Development’’ after ‘‘Secretary’’ each place ‘‘(c) PROHIBITION ON FINANCIAL INTER- Federal National Mortgage Association, the such term appears. ESTS.—The Director shall not have a direct Director determines that the program is not (e) TECHNICAL AND CONFORMING AMEND- or indirect financial interest in any enter- authorized under section 304 or paragraph MENTS.— prise, nor hold any office, position, or em- (2), (3), (4), or (5) of section 302(b) of the Fed- (1) FANNIE MAE.—Section 302(b)(6) of the ployment in any enterprise.’’. eral National Mortgage Association Charter Federal National Mortgage Association (b) APPOINTMENT OF DIRECTOR.—Notwith- Act (12 U.S.C. 1717(b)); Charter Act (12 U.S.C. 1717(b)(6)) is amended standing the effective date under section 162, ‘‘(2) in the case of a new program of the by striking ‘‘Secretary under section 1322’’ or any other provision of law, the President Federal Home Loan Mortgage Corporation, and inserting ‘‘Director under section may, at any time after the date of enact- the Director determines that the program is 1319H’’. ment of this Act, appoint an individual to not authorized under paragraph (1), (4), or (5) (2) FREDDIE MAC.—Section 305(c) of the serve as the Director of the Office of Federal of section 305(a) of the Federal Home Loan Federal Home Loan Mortgage Corporation Housing Enterprise Supervision, as estab- Mortgage Corporation Act (12 U.S.C. 1451 et Act (12 U.S.C. 1454(c)) is amended by striking lished under this Act, in accordance with seq.); or ‘‘Secretary under section 1322’’ and inserting section 1312 of the Federal Housing Enter- ‘‘(3) the Director determines that the new ‘‘Director under section 1319H’’. prises Financial Safety and Soundness Act of program is inconsistent with or undermines (3) FINANCIAL INSTITUTIONS EXAMINATION 1992, as amended by subsection (a) of this the safe and sound operation of the enter- COUNCIL.—Section 1004(a) of the Federal Fi- section. prise, consistent with section 1313(a)(1). nancial Institutions Examination Council SEC. 102. DUTIES AND AUTHORITIES OF DIREC- ‘‘(c) PROCEDURE FOR APPROVAL.— Act of 1978 (12 U.S.C. 3303(a)) is amended— TOR AND HUD. ‘‘(1) SUBMISSION OF REQUEST.—An enter- (A) in paragraph (5), by striking the period (a) IN GENERAL.—Section 1313 of the Hous- prise shall submit to the Director a written at the end and inserting ‘‘; and’’; and ing and Community Development Act of 1992 request for approval of a new program under (B) by adding at the end the following: (12 U.S.C. 4513) is amended to read as follows: this section that describes the program in ‘‘(6) the Director of the Office of Federal ‘‘SEC. 1313. DUTIES AND AUTHORITIES OF DIREC- such form as prescribed by regulation of the Housing Enterprise Supervision.’’. TOR. Director. SEC. 103. EXAMINERS AND ACCOUNTANTS. ‘‘(a) DUTIES.— ‘‘(2) RESPONSE.— (a) EXAMINATIONS.—Section 1317 of the ‘‘(1) PRINCIPAL DUTIES.—The principal du- ‘‘(A) IN GENERAL.—Not later than 45 days Housing and Community Development Act of ties of the Director shall be to ensure that after the date of submission of a request for 1992 (12 U.S.C. 4517) is amended— the enterprises— approval under paragraph (1), the Director (1) in the second sentence of subsection (c), ‘‘(A) operate in a financially safe and shall— by striking ‘‘The’’ and inserting ‘‘During the sound manner; ‘‘(i) approve the request; or 3-year period beginning on the date of enact- ‘‘(B) carry out their missions in a finan- ‘‘(ii) deny the request and submit a report ment of the Federal Housing Enterprise cially safe and sound manner, and only explaining the reasons for the denial to the Oversight Modernization Act of 2003, the’’; through activities that have been authorized Committee on Financial Services of the and under, and are consistent with the purposes House of Representatives and the Committee (2) in subsection (d), by striking ‘‘Federal of, the provisions of the Federal National on Banking, Housing, and Urban Affairs of Reserve banks’’ and inserting ‘‘Director of Mortgage Association Charter Act (12 U.S.C. the Senate. the Office of Thrift Supervision’’. 1716 et seq.), and the Federal Home Loan ‘‘(B) EXTENSION.—The Director may extend (b) ENHANCED AUTHORITY TO HIRE EXAM- Mortgage Corporation Act (12 U.S.C. 1451 et the time period under subparagraph (A) for a INERS AND ACCOUNTANTS.—Section 1317 of the seq.), as applicable; and single additional 15-day period only if the Di- Housing and Community Development Act of ‘‘(C) remain adequately capitalized. rector requests additional information from 1992 (12 U.S.C. 4517) is amended by adding at ‘‘(2) OTHER DUTIES.—To the extent con- the enterprise. the end the following: sistent with paragraph (1), the Director shall ‘‘(3) FAILURE TO RESPOND.—If the Director ‘‘(g) APPOINTMENT OF ACCOUNTANTS, ECONO- be exercise general supervisory and regu- fails to approve a request for approval under MISTS, AND EXAMINERS.— latory authority over the enterprises, in ac- this section, or fails to submit a report under ‘‘(1) APPLICABILITY.—This section applies cordance with this title, the Federal Na- paragraph (2)(A)(ii) during the period pro- with respect to any position of examiner, ac- tional Mortgage Association Charter Act (12 vided, the request shall be considered to have countant, and economist at the Office, with U.S.C. 1716 et seq.), the Federal Home Loan been approved by the Director. respect to supervision and regulation of the Mortgage Corporation Act (12 U.S.C. 1451 et ‘‘(4) REVIEW OF DISAPPROVAL.— enterprises, that is in the competitive serv- seq.), and any other applicable provision of ‘‘(A) SUBMISSION OF NEW INFORMATION.—If ice. law. the Director submits a report under para- ‘‘(2) APPOINTMENT AUTHORITY.— ‘‘(b) AUTHORITY EXCLUSIVE OF SEC- graph (2)(A)(ii) denying a request for reasons ‘‘(A) IN GENERAL.—The Director may ap- RETARY.—Except as specifically provided listed under paragraph (1) or (2) of subsection point candidates to any position described in under this title, the Federal National Mort- (b), the Director shall provide the enterprise paragraph (1)— gage Association Charter Act, the Federal submitting the request with a timely oppor- ‘‘(i) in accordance with the statutes, rules, Home Loan Mortgage Corporation Act, or tunity to review and supplement the admin- and regulations governing appointments in any other provision of Federal law, the au- istrative record. the excepted service; and thority of the Director with respect to the ‘‘(B) NEW PROGRAMS NOT IN THE PUBLIC IN- ‘‘(ii) notwithstanding any statutes, rules, enterprises shall not be subject to the re- TEREST.—If the Director submits a report and regulations governing appointments in view, approval, or intervention of the Sec- under paragraph (2)(A)(ii) denying a request the competitive service. retary of the Treasury. after finding that the program is incon- ‘‘(B) RULE OF CONSTRUCTION.—The appoint- ‘‘(c) DELEGATION OF AUTHORITY.—The Di- sistent with or undermines the safe and ment of a candidate to a position under this rector may delegate to officers and employ- sound operation of the enterprise, as de- paragraph shall not be considered to cause ees of the Office any of the functions, pow- scribed in subsection (b)(3), the Director such position to be converted from the com- ers, and duties of the Director, with respect shall provide the enterprise with notice and petitive service to the excepted service.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11993

‘‘(3) REPORTS.— for an enterprise are borne only by that en- U.S.C. 4547, 4548) are amended by striking ‘‘(A) IN GENERAL.—Not later than 90 days terprise.’’; ‘‘Secretary’’ each place it appears and insert- after the end of fiscal year 2003 (for fiscal (4) in subsection (f), by striking ‘‘Any as- ing ‘‘Director’’. year 2003) and 90 days after the end of fiscal sessments collected’’ and all that follows SEC. 109. REVIEWS OF ENTERPRISES. year 2005 (for fiscal years 2004 and 2005), the through the end of the subsection and insert- Section 1319 of the Housing and Commu- Director shall submit a report with respect ing the following: ‘‘Notwithstanding any nity Development Act of 1992 (12 U.S.C. 4519) to the exercise of the authority granted to other provision of law, any assessments col- is amended— the Director by paragraph (2) during such fis- lected by the Director pursuant to this sec- (1) by striking the heading and inserting cal years to the— tion shall be deposited in the Fund in an ac- the following: ‘‘(i) Committee on Government Reform and count for the Director. Any amounts in the ‘‘SEC. 1319. REVIEW OF ENTERPRISES.’’; Fund are hereby made available, without fis- the Committee on Financial Services of the (2) by inserting after ‘‘any entity’’ the fol- cal year limitation, to the Director (to the House of Representatives; and lowing: ‘‘that the Director considers appro- extent of amounts in the Director’s account) ‘‘(ii) Committee on Governmental Affairs priate, including an entity’’; for carrying out the supervisory and regu- and the Committee on Banking, Housing, (3) by inserting ‘‘(a) AUTHORITY TO PROVIDE latory responsibilities of the Director with and Urban Affairs of the Senate. FOR REVIEWS.—’’ before ‘‘The’’; and respect to the enterprises, including any nec- ‘‘(B) CONTENTS.—The reports submitted (4) by adding at the end the following new essary administrative and nonadministrative under subparagraph (A) shall describe the subsection: expenses of the Director in carrying out the changes in the hiring process authorized by ‘‘(b) BIENNIAL DETERMINATION OF CREDIT purposes of this title, the Federal National paragraph (2), including relevant informa- RATING.— Mortgage Association Charter Act (12 U.S.C. tion related to— ‘‘(1) IN GENERAL.—On a biennial basis, the 1716 et seq.), and the Federal Home Loan ‘‘(i) the quality of candidates; Director shall provide for 2 entities recog- ‘‘(ii) the procedures used by the Director to Mortgage Corporation Act (12 U.S.C. 1451 et seq.).’’; and nized by the Division of Market Regulation select candidates through the streamlined of the Securities and Exchange Commission hiring process; (5) in subsection (g), by striking para- graphs (1) and (2) and inserting the following: as nationally recognized statistical rating ‘‘(iii) the numbers, types, and grades of em- organizations, each to conduct an assess- ‘‘(1) FINANCIAL OPERATING PLANS AND FORE- ployees hired under the authority; ment of the financial condition of each en- ‘‘(iv) any benefits or shortcomings associ- CASTS.—Before the beginning of each fiscal year, the Director shall submit a copy of the terprise for the purpose of determining the ated with the use of the authority; level of risk that the enterprise will be un- ‘‘(v) the effect of the exercise of the au- financial operating plans and forecasts for the Office to the Director of the Office of able to meet its obligations, taking into con- thority on the hiring of veterans and other sideration the legal status evidenced by the demographic groups; Management and Budget. ‘‘(2) REPORTS OF OPERATIONS.—As soon as statements required under— ‘‘(vi) the way in which managers were ‘‘(A) the penultimate sentence of section trained in the administration of the stream- practicable after the end of each fiscal year and each quarter thereof, the Director shall 304(b) of the Federal National Mortgage As- lined hiring system; and sociation Charter Act (12 U.S.C. 1719(b)); ‘‘(vii) a list of the specific functional re- submit a copy of the report of the results of the operations of the Office during such pe- ‘‘(B) the last sentence of section 304(d) of sponsibilities of Office personnel (such as ex- riod to the Director of the Office of Manage- the Federal National Mortgage Association aminations, supervision, regulatory over- ment and Budget.’’. Charter Act (12 U.S.C. 1719(d)); sight, and risk analysis) and the percentage ‘‘(C) the penultimate sentence of section of the total personnel employed within the SEC. 106. INDEPENDENCE OF DIRECTOR IN CON- GRESSIONAL TESTIMONY AND REC- 304(e) of the Federal National Mortgage As- Office that are engaged in each such activ- OMMENDATIONS. sociation Charter Act (12 U.S.C. 1719(e)); and ity.’’. Section 111 of Public Law 93–495 (12 U.S.C. ‘‘(D) section 306(h)(2) of the Federal Home (c) ALLOCATION OF PERSONNEL RE- 250) is amended by inserting ‘‘the Director of Loan Mortgage Corporation Act (12 U.S.C. SOURCES.—Section 1315 of the Housing and the Office of Federal Housing Enterprise Su- 1455(h)(2)). Community Development Act of 1992 (12 pervision of the Department of the Treas- ‘‘(2) CREDIT RATING.—The assessment under U.S.C. 4515), as amended by this Act, is ury,’’ after ‘‘the Federal Housing Finance paragraph (1) shall include— amended by adding at the end the following: Board,’’. ‘‘(A) assigning a credit rating for each en- ‘‘(f) MAINTENANCE OF ADEQUATE EXAMINA- SEC. 107. NONMORTGAGE-RELATED INVEST- terprise, using a scale similar to that used TION AND SUPERVISORY PERSONNEL.—In car- MENTS. by such organization with respect to obliga- rying out this Act, the Director shall ensure Subtitle B of title XIII of the Housing and tions of other financial institutions; and that a significant amount of the Office re- Community Development Act of 1992 (12 ‘‘(B) the report regarding such assessment sources allocated for the hiring and support U.S.C. 4611 et seq.) is amended— and the rating in the report of the Director of personnel are applied to personnel en- (1) by striking the subtitle designation and under section 1319B(a).’’. gaged in the examination and supervision of heading and inserting the following: SEC. 110. RISK-BASED CAPITAL TEST FOR ENTER- the enterprises.’’. ‘‘Subtitle B—Required Capital Levels for En- PRISES. SEC. 104. REGULATIONS. terprises, Special Enforcement Powers, and Section 1361 of the Housing and Commu- Section 1319G of the Housing and Commu- Nonmortgage-Related Assets’’; nity Development Act of 1992 (12 U.S.C. 4611) nity Development Act of 1992 (12 U.S.C. 4526) and is amended— is amended in subsection (c), by striking (2) by adding at the end the following: (1) by redesignating subsections (d), (e), ‘‘Committee on Banking, Finance and Urban ‘‘SEC. 1369E. NONMORTGAGE-RELATED ASSETS. and (f) as subsections (f), (g), and (h), respec- Affairs’’ and inserting ‘‘Committee on Finan- ‘‘(a) IN GENERAL.— tively; and cial Services’’. ‘‘(1) LIQUIDITY PORTFOLIO.—On a quarterly (2) by inserting after subsection (c) the fol- SEC. 105. ASSESSMENTS. basis, the Director shall review and provide lowing: Section 1316 of the Housing and Commu- written comment to each enterprise on the ‘‘(d) PERIODIC REVIEW OF RISK-BASED CAP- nity Development Act of 1992 (12 U.S.C. 4516) nonmortgage-related assets held by each en- ITAL TEST.— is amended— terprise in the liquidity portfolio of such en- ‘‘(1) IN GENERAL.—Not later than 5 years (1) by striking subsection (a) and inserting terprise. The Director shall define the term after the date of enactment of the Federal the following: ‘nonmortgage-related asset’ for purposes of Housing Enterprise Oversight Modernization ‘‘(a) ANNUAL ASSESSMENTS.—The Director this section. Act of 2003, and once every 5 years there- shall establish and collect from the enter- ‘‘(2) ASSETS OUTSIDE OF LIQUIDITY PORT- after, the Director shall conduct a review of prises annual assessments in an amount not FOLIO.—The Director may review and provide the risk-based capital test adopted in accord- exceeding the amount sufficient to provide written comment to each enterprise on the ance with this subtitle and submit a report for all reasonable costs and expenses of the quality and appropriateness of nonmortgage- to Congress on the findings of such review, Office, including— related assets held by an enterprise outside the appropriateness of the risk-based capital ‘‘(1) the expenses of any examination under of the liquid portfolio of such enterprise. test, and any legislative recommendations section 1317; and ‘‘(b) REPORT.—On a biennial basis, the Di- that would, as necessary— ‘‘(2) the expenses of obtaining any review rector shall submit a report to Congress con- ‘‘(A) better align capital with risk; and or credit assessment under section 1319.’’; taining information on— ‘‘(B) reflect evolving best practices for (2) in subsection (b), in paragraph (2), by ‘‘(1) any written comments provided to the risk-based capital standards for large, com- moving the margin 2 ems to the right; enterprises under subsection (a)(1) or (2); and plex financial institutions.’’ (3) in subsection (c), by adding at the end ‘‘(2) whether or not each enterprise is in ‘‘(2) SAVINGS PROVISION.—Notwithstanding the following: ‘‘The Director may adjust the compliance with the Sound Practices for paragraph (1), the Director shall retain all amounts of any semiannual assessments for Managing Liquidity in Banking authority under this section to modify the an assessment under subsection (a) that are Organisations established by the Basel Com- current risk-based capital rule as the Direc- to be paid pursuant to subsection (b) by an mittee, or any successor thereto.’’. tor determines. enterprise, as necessary in the discretion of SEC. 108. REPORTS. ‘‘(e) REVIEW OF RISK-BASED CAPITAL the Director, to ensure that the costs of en- Sections 1327 and 1328 of the Housing and LEVEL.—Notwithstanding any other provi- forcement activities under subtitles B and C Community Development Act of 1992 (12 sion of law, if the Director determines that

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11994 CONGRESSIONAL RECORD — SENATE September 25, 2003 the risk-based capital level of an enterprise SEC. 113. FEDERAL HOUSING FINANCE BOARD. terprise is in an unsafe or unsound condition; is inadequate, the Director may make such (a) APPOINTMENT OF SECRETARY OF THE or adjustments to the risk-based capital level TREASURY TO FHFB.—Section 2(11) of the ‘‘(C) pursuant to section 1371(b), the Direc- of that enterprise as the Director determines Federal Home Loan Bank Act (12 U.S.C. tor deems an enterprise to be engaging in an necessary to ensure the safe and sound finan- 1422(11)) is amended by striking ‘‘Secretary unsafe or unsound practice. cial operation of that enterprise.’’. of Housing and Urban Development’’ and in- ‘‘(2) RECLASSIFICATION.—In addition to any SEC. 111. MINIMUM AND CRITICAL CAPITAL LEV- serting ‘‘Secretary of the Treasury’’. other action authorized under this title, in- ELS. (b) STUDY OF MERGER OF FHFB WITH cluding the reclassification of an enterprise Section 1362(b) of the Housing and Commu- OFHES.— for any reason not specified in this sub- nity Development Act of 1992 (12 U.S.C. 4612) (1) IN GENERAL.—The Secretary of the section, if the Director takes any action de- Treasury, after consultation with the Sec- is amended to read as follows: scribed in paragraph (1) the Director may retary of Housing and Urban Development, ‘‘(b) AUTHORITY TO ISSUE REGULATIONS.— classify an enterprise— shall study and report on any recommenda- The Director shall issue such regulations as ‘‘(A) as undercapitalized, if the enterprise tions regarding the consolidation of the re- the Director determines necessary to ensure is otherwise classified as adequately capital- sponsibilities of the Federal Housing Fi- that the enterprises comply with the re- ized; nance Board, including oversight of the Fed- quirements of subsection (a).’’. ‘‘(B) as significantly undercapitalized, if eral home loan banks, and the Office of Fed- the enterprise is otherwise classified as SEC. 112. REQUIRED DISCLOSURES. eral Housing Enterprise Supervision of the (a) FANNIE MAE AND FREDDIE MAC.—Part 1 undercapitalized; and Department of the Treasury. ‘‘(C) as critically undercapitalized, if the of subtitle A of the Federal Housing Enter- (2) REPORT.—Not later than 6 months after prises Financial Safety and Soundness Act of enterprise is otherwise classified as signifi- the date of enactment of this Act, the Sec- cantly undercapitalized.’’; 1992 (12 U.S.C. 4501 et seq.), as amended by retary of the Treasury shall submit a report (2) by redesignating subsection (d) as sub- this Act, is amended by adding at the end to Congress on— section (e); and the following: (A) the results of the study conducted (3) by inserting after subsection (c) the fol- ‘‘SEC. 1319I. REGISTRATION OF STOCK AND PUB- under subsection (a); and lowing: LIC DISCLOSURES. (B) any recommendations regarding legis- ‘‘(d) RESTRICTION ON CAPITAL DISTRIBU- ‘‘(a) REGISTRATION OF STOCK UNDER THE SE- lative or administrative changes. TIONS.— CURITIES EXCHANGE ACT.— SEC. 114. DEFINITIONS. ‘‘(1) IN GENERAL.—An enterprise shall make ‘‘(1) IN GENERAL.—Notwithstanding its sta- Section 1303 of the Housing and Commu- no capital distribution if, after making the tus as an exempted security for purposes of nity Development Act of 1992 (12 U.S.C. 4502) distribution, the enterprise would be under- the Securities Exchange Act of 1934 pursuant is amended— capitalized. to section 311 of the Federal National Mort- (1) in each of paragraphs (5) and (14), by ‘‘(2) EXCEPTION.—Notwithstanding para- gage Association Charter Act and section 306 striking ‘‘Federal Housing Enterprise Over- graph (1), the Director may permit an enter- of the Federal Home Loan Mortgage Cor- sight of the Department of Housing and prise to repurchase, redeem, retire, or other- poration Act, as applicable, the common Urban Development’’ each place that term wise acquire shares or ownership interests, if stock of each enterprise shall be subject to— appears and inserting ‘‘Federal Housing En- the repurchase, redemption, retirement, or ‘‘(A) section 12(g) of the Securities Ex- terprise Supervision of the Department of other acquisition— change Act of 1934; and the Treasury’’; ‘‘(A) is made in connection with the ‘‘(B) sections 14 and 16 of that Act. (2) in paragraphs (8), (9), (10), and (19), by issuance of additional shares or obligations ‘‘(2) REVIEW.—All reports, statements, and inserting ‘‘of Housing and Urban Develop- of the enterprise in at least an equivalent forms filed with the Securities and Exchange ment’’ after ‘‘Secretary’’ each place that amount; and Commission under this subsection shall be term appears; ‘‘(B) will reduce the financial obligations reviewed and commented upon by the Com- (3) by striking paragraph (15); of the enterprise or otherwise improve the fi- mission to the same extent and with the (4) by redesignating paragraphs (7) through nancial condition of the enterprise.’’. same frequency as comparable reports and (14) (as amended by this Act) as paragraphs materials filed by other issuers. (8) through (15), respectively; and SEC. 132. SUPERVISORY ACTIONS APPLICABLE TO UNDERCAPITALIZED ENTER- ‘‘(b) CREDIT RATING.—An enterprise shall (5) by inserting after paragraph (6) the fol- PRISES. lowing: annually disclose to the public the credit (a) EFFECTIVE DATE FOR SUPERVISORY AC- ‘‘(7) ENTERPRISE-AFFILIATED PARTY.—The rating of such enterprise. TIONS.—Regulations issued by the Director of ‘‘(c) MORTGAGE PORTFOLIO.—An enterprise term ‘enterprise-affiliated party’ means— the Office of Federal Housing Enterprise Su- shall disclose to the public, on a monthly ‘‘(A) any director, officer, employee, or pervision under section 1361(e) of the Federal basis, the effect on its mortgage portfolio controlling stockholder of, or agent for, an Housing Enterprises Financial Safety and of— enterprise; Soundness Act of 1992, as amended by section ‘‘(1) a 50 basis point change in interest ‘‘(B) any shareholder, consultant, joint 161(a)(5)(A) of this Act, shall become effec- rates; and venture partner, and any other person, as de- tive not earlier than 6 months after the date (2) a 25 basis point change in the slope of termined by the Director (by regulation or of enactment of this Act. the yield curve. case-by-case), who participates in the con- (b) SUPERVISORY ACTIONS.—Section 1365 of ‘‘(d) CREDIT RISK DISCLOSURES.—An enter- duct of the affairs of an enterprise; and the Housing and Community Development prise shall disclose to the public, on a quar- ‘‘(C) any independent contractor (including Act of 1992 (12 U.S.C. 4615) is amended— terly basis, the financial impact on the en- any attorney, appraiser, or accountant), to (1) in subsection (a)— terprise of an immediate 5 percent decline in the extent that such person knowingly or (A) by redesignating paragraphs (1) and (2) the average price of single-family housing recklessly participates in— as paragraphs (2) and (3), respectively; within the United States.’’. ‘‘(i) any violation of any law or regulation; (B) by inserting before paragraph (2) the (b) FEDERAL HOME LOAN BANKS.—Section 6 ‘‘(ii) any breach of fiduciary duty; or following: of the Federal Home Loan Bank Act (12 ‘‘(iii) any unsafe or unsound practice, ‘‘(1) REQUIRED MONITORING.—The Director U.S.C. 1426) is amended by adding at the end which caused or is likely to cause more than shall— the following: a minimal financial loss to, or a significant ‘‘(A) closely monitor the condition of any ‘‘(i) REGISTRATION AND REPORTING REQUIRE- adverse effect on, the enterprise.’’. undercapitalized enterprise; MENTS.— Subtitle B—Prompt Corrective Action ‘‘(B) closely monitor compliance with the ‘‘(1) IN GENERAL.—Notwithstanding any SEC. 131. CAPITAL CLASSIFICATIONS. capital restoration plan, restrictions, and re- other provision of law, the Class A stock and Section 1364 of the Housing and Commu- quirements imposed under this section; and Class B stock issued by each Federal home nity Development Act of 1992 (12 U.S.C. 4614) ‘‘(C) periodically review the plan, restric- loan bank shall be subject to— is amended— tions, and requirements applicable to the ‘‘(A) section 12(g) of the Securities Ex- (1) by striking subsection (b) and inserting undercapitalized enterprise to determine change Act of 1934; and the following: whether the plan, restrictions, and require- ‘‘(B) sections 14 and 16 of that Act. ‘‘(b) DISCRETIONARY CLASSIFICATION.— ments are achieving the purpose of this sec- ‘‘(2) REVIEW.—All reports, statements, and ‘‘(1) GROUNDS FOR RECLASSIFICATION.—The tion.’’; and forms filed with the Securities and Exchange Director may reclassify an enterprise under (C) by adding at the end the following: Commission under this subsection shall be paragraph (2), if— ‘‘(4) RESTRICTION OF ASSET GROWTH.—An reviewed and commented upon by the Com- ‘‘(A) at any time, the Director determines undercapitalized enterprise shall not permit mission to the same extent and with the in writing that an enterprise is engaging in its average total assets during any calendar same frequency as comparable reports and conduct that could result in a rapid deple- quarter to exceed its average total assets materials filed by other issuers.’’. tion of core capital or that the value of the during the preceding calendar quarter, un- (c) EFFECTIVE DATE.—The amendments property subject to mortgages held or less— made by this section shall take effect on the securitized by the enterprise has decreased ‘‘(A) the Board has accepted the capital date of enactment of this Act, or such later significantly; restoration plan of the enterprise; date as determined by the Securities and Ex- ‘‘(B) after notice and an opportunity for ‘‘(B) any increase in total assets is con- change Commission. hearing, the Director determines that an en- sistent with the plan; and

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11995 ‘‘(C) the ratio of tangible equity to assets ‘‘(A) pay any bonus to any executive offi- rector may issue a temporary order requir- of the enterprise increases during the cal- cer; or ing the enterprise or such party to cease and endar quarter at a rate sufficient to enable ‘‘(B) provide compensation to any execu- desist from any such violation or practice the enterprise to become adequately capital- tive officer at a rate exceeding the average and to take affirmative action to prevent or ized within a reasonable time. rate of compensation of that officer (exclud- remedy such insolvency, dissipation, condi- ‘‘(5) PRIOR APPROVAL OF ACQUISITIONS AND ing bonuses, stock options, and profit shar- tion, or prejudice pending completion of such ISSUANCE OF NEW PRODUCTS.—An under- ing) during the 12 calendar months preceding proceedings. Such order may include any re- capitalized enterprise shall not, directly or the calendar month in which the enterprise quirement authorized under section 1371(d).’’; indirectly, acquire any interest in any entity became classified as significantly under- (2) in subsection (b), by striking ‘‘or direc- or issue a new product, unless— capitalized.’’. tor’’ and inserting ‘‘director, or enterprise- ‘‘(A) the Director has accepted the capital Subtitle C—Enforcement Actions affiliated party’’; restoration plan of the enterprise, the enter- (3) in subsection (d), striking ‘‘or director’’ SEC. 151. CEASE-AND-DESIST PROCEEDINGS. prise is implementing the plan, and the Di- Section 1371 of the Housing and Commu- and inserting ‘‘director, or enterprise-affili- rector determines that the proposed action is nity Development Act of 1992 (12 U.S.C. 4631) ated party’’; and consistent with and will further the achieve- is amended— (4) by striking subsection (e) and in insert- ment of the plan; or (1) by striking subsections (a) and (b) and ing the following: ‘‘(B) the Director determines that the pro- NFORCEMENT.— inserting the following: ‘‘(e) E posed action will further the purpose of this ‘‘(1) IN GENERAL.—In the case of violation ‘‘(a) ISSUANCE FOR UNSAFE OR UNSOUND section.’’; or threatened violation of, or failure to obey, PRACTICES AND VIOLATIONS OF RULES OR (2) in the subsection heading for subsection a temporary cease-and-desist order issued LAWS.— (b), by striking ‘‘FROM UNDERCAPITALIZED TO under this section, the Director may apply ‘‘(1) IN GENERAL.—The Director may issue SIGNIFICANTLY UNDERCAPITALIZED’’; and serve upon the enterprise or an enter- to the United States District Court for the (3) by redesignating subsection (c) (as prise-affiliated party a notice of charges District of Columbia or the United States amended by subsection (a) of this section) as under this section if— district court within the jurisdiction of subsection (d); and ‘‘(A) in the opinion of the Director, an en- which the headquarters of the enterprise is (4) by inserting after subsection (b) the fol- terprise or any enterprise-affiliated party is located, for an injunction to enforce such lowing: engaging or has engaged, or the Director has order. ‘‘(c) OTHER DISCRETIONARY SAFEGUARDS.— reasonable cause to believe that the enter- ‘‘(2) ISSUANCE OF INJUNCTION.—If the court The Director may take, with respect to an prise or any enterprise-affiliated party is determines that there has been a violation or undercapitalized enterprise, any of the ac- about to engage, in an unsafe or unsound threatened violation or failure to obey a tions authorized to be taken under section practice in conducting the business of the temporary cease-and-desist order under para- 1366 with respect to a significantly under- enterprise or is violating or has violated; or graph (1), the court shall issue an injunction capitalized enterprise, if the Director deter- ‘‘(B) the Director has reasonable cause to against the enterprise to enforce such mines that such actions are necessary to believe that the enterprise or any enterprise- order.’’. carry out the purpose of this subtitle.’’. affiliated party is about to violate, a law, SEC. 153. REMOVAL AND PROHIBITION AUTHOR- SEC. 133. SUPERVISORY ACTIONS APPLICABLE rule, or regulation, or any condition imposed ITY. TO SIGNIFICANTLY UNDERCAPITAL- in writing by the Director in connection (a) IN GENERAL.—Subtitle C of the Federal IZED ENTERPRISES. with the granting of any application or other Housing Enterprises Financial Safety and Section 1366 of the Housing and Commu- request by the enterprise or any written Soundness Act (12 U.S.C. 4501 et seq.) is nity Development Act of 1992 (12 U.S.C. 4616) agreement entered into with the Director. amended— is amended— ‘‘(2) LIMITATIONS.—The Director may not (1) by redesignating sections 1377 through (1) in subsection (b)— enforce compliance with— 1379B (12 U.S.C. 4637–41) as sections 1379 (A) in the subsection heading, by striking ‘‘(A) any housing goal established under through 1379D, respectively; and ‘‘DISCRETIONARY SUPERVISORY ACTIONS’’ and subpart B of part 2 of subtitle A; (2) by inserting after section 1376 (12 U.S.C. inserting ‘‘SPECIFIC ACTIONS’’; ‘‘(B) section 1336 or 1337; 4636) the following: (B) in the matter preceding paragraph (1), ‘‘(C) subsection (m) or (n) of section 309 of ‘‘SEC. 1377. REMOVAL AND PROHIBITION AU- by striking ‘‘may, at any time, take any’’ the Federal National Mortgage Association THORITY. and inserting ‘‘shall carry out this section Charter Act (12 U.S.C. 1723a(m), (n)); or ‘‘(a) AUTHORITY TO ISSUE ORDER.— by taking, at any time, 1 or more’’; ‘‘(D) subsection (e) or (f) of section 307 of ‘‘(1) IN GENERAL.—The Director may serve (C) by redesignating paragraphs (5) and (6) the Federal Home Loan Mortgage Corpora- upon an enterprise-affiliated party a written as paragraphs (6) and (7), respectively; tion Act (12 U.S.C. 1456(e), (f)). notice of the Director’s intention to remove (D) by inserting after paragraph (4) the fol- ‘‘(b) ISSUANCE FOR UNSATISFACTORY RAT- such party from office or to prohibit any fur- lowing: ING.—If an enterprise receives, in its most re- ther participation by such party, in any ‘‘(5) IMPROVEMENT OF MANAGEMENT.— cent report of examination, a less-than-satis- manner, in the conduct of the affairs of any ‘‘(A) NEW ELECTION OF BOARD.—Order a new factory rating for asset quality, manage- enterprise in any case to which paragraph (2) election for the board of directors of the en- ment, earnings, or liquidity, the Director applies. terprise. may (if the deficiency is not corrected) deem ‘‘(2) CRITERIA.—The Director may serve ‘‘(B) DISMISSAL OF DIRECTORS OR EXECUTIVE the enterprise to be engaging in an unsafe or written notice under paragraph (1) whenever OFFICERS.—Require the enterprise to dismiss unsound practice for purposes of this sub- the Director determines that— from office any director or executive officer section.’’; and ‘‘(A) any enterprise-affiliated party has, di- who had held office for more than 180 days (2) in subsection (c)(2), by striking ‘‘or di- rectly or indirectly— immediately before the date on which the rector’’ and inserting ‘‘director, or enter- ‘‘(i) violated— enterprise became undercapitalized. Dis- prise-affiliated party’’. ‘‘(I) any law or regulation; missal under this subparagraph shall not be SEC. 152. TEMPORARY CEASE-AND-DESIST PRO- ‘‘(II) any cease-and-desist order which has construed to be a removal pursuant to the CEEDINGS. become final; Director’s enforcement powers under section Section 1372 of the Housing and Commu- ‘‘(III) any condition imposed in writing by 1377. nity Development Act of 1992 (12 U.S.C. 4632) the Director in connection with the grant of ‘‘(C) EMPLOY QUALIFIED EXECUTIVE OFFI- is amended— any application or other request by such en- CERS.—Require the enterprise to employ (1) by striking subsection (a) and inserting terprise; or qualified executive officers (who, if the Di- the following: ‘‘(IV) any written agreement between such rector so specifies, shall be subject to ap- ‘‘(a) GROUNDS FOR ISSUANCE.— enterprise and the Director; proval by the Director).’’; and ‘‘(1) IN GENERAL.—The Director may issue a ‘‘(ii) engaged or participated in any unsafe (E) by adding at the end the following: temporary order under paragraph (2) if the or unsound practice in connection with any ‘‘(8) OTHER ACTION.—Require the enterprise Director determines that the violation or enterprise; or to take any other action that the Director threatened violation or the unsafe or un- ‘‘(iii) committed or engaged in any act, determines will better carry out the purpose sound practice or practices specified in the omission, or practice which constitutes a of this section than any of the other actions notice of charges served upon the enterprise breach of such party’s fiduciary duty; specified in this paragraph.’’; or any enterprise-affiliated party under sec- ‘‘(B) by reason of the violation, practice, or (2) by redesignating subsection (c) as sub- tion 1371(a), or the continuation thereof, is breach described in any subparagraph of section (d); and likely to cause insolvency or significant dis- paragraph (1)— (3) by inserting after subsection (b) the fol- sipation of assets or earnings of the enter- ‘‘(i) such enterprise has suffered or will lowing: prise, or is likely to weaken the condition of probably suffer financial loss or other dam- ‘‘(c) RESTRICTION ON COMPENSATION OF EX- the enterprise prior to the completion of the age; or ECUTIVE OFFICERS.—An enterprise that is proceedings conducted pursuant to sections ‘‘(ii) such party has received financial gain classified as significantly undercapitalized 1371 and 1373. or other benefit by reason of such violation, may not, without prior written approval by ‘‘(2) CONTENTS OF ORDER.—Upon making a practice, or breach; and the Director— determination under paragraph (1), the Di- ‘‘(C) such violation, practice, or breach—

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‘‘(i) involves personal dishonesty on the ‘‘(d) PROHIBITION OF CERTAIN SPECIFIC AC- ‘‘(ii) EFFECTIVE PERIOD.—A suspension or part of such party; or TIVITIES.—Any person subject to an order prohibition under subparagraph (A) shall re- ‘‘(ii) demonstrates willful or continuing issued under this section shall not— main in effect until the information, indict- disregard by such party for the safety or ‘‘(1) participate in any manner in the con- ment, or complaint referred to in such sub- soundness of such enterprise. duct of the affairs of any enterprise; paragraph is finally disposed of or until ter- ‘‘(b) SUSPENSION ORDER.— ‘‘(2) solicit, procure, transfer, attempt to minated by the Director. ‘‘(1) SUSPENSION OR PROHIBITION AUTHOR- transfer, vote, or attempt to vote any proxy, ‘‘(2) REMOVAL OR PROHIBITION.— ITY.—If the Director serves written notice consent, or authorization with respect to ‘‘(A) IN GENERAL.—If a judgment of convic- under subsection (a) to any enterprise-affili- any voting rights in any enterprise; tion or an agreement to enter a pretrial di- ated party of the Director’s intention to ‘‘(3) violate any voting agreement pre- version or other similar program is entered issue an order, the Director may suspend viously approved by the Director; or against an enterprise-affiliated party in con- such party from office or prohibit such party ‘‘(4) vote for a director, or serve or act as nection with a crime described in paragraph from further participation in any manner in an enterprise-affiliated party. (1)(A), at such time as such judgment is not the conduct of the affairs of the enterprise, if ‘‘(e) INDUSTRY-WIDE PROHIBITION.— subject to further appellate review, the Di- the Director— ‘‘(1) IN GENERAL.—Except as provided in rector may, if continued service or participa- ‘‘(A) determines that such action is nec- subparagraph (2), any person who, pursuant tion by such party may pose a threat to the essary for the protection of the enterprise; to an order issued under subsection (h), has enterprise or impair public confidence in the and been removed or suspended from office in an enterprise, issue and serve upon such party ‘‘(B) serves such party with written notice enterprise or prohibited from participating an order removing such party from office or of the suspension order. in the conduct of the affairs of an enterprise prohibiting such party from further partici- pation in any manner in the conduct of the ‘‘(2) EFFECTIVE PERIOD.—Any suspension may not, while such order is in effect, con- order issued under this section— tinue or commence to hold any office in, or affairs of the enterprise without the prior ‘‘(A) shall become effective upon service; participate in any manner in the conduct of written consent of the Director. and the affairs of any enterprise. ‘‘(B) PROVISIONS APPLICABLE TO ORDER.— ‘‘(B) unless a court issues a stay of such ‘‘(2) EXCEPTION IF DIRECTOR PROVIDES WRIT- ‘‘(i) COPY.—A copy of any order under para- graph (2)(A) shall also be served upon the rel- order under subsection (g), shall remain in TEN CONSENT.—If, on or after the date an evant enterprise, whereupon the enterprise- effect and enforceable until— order is issued under this section which re- affiliated party who is subject to the order ‘‘(i) the date on which the Director dis- moves or suspends from office any enter- (if a director or an officer) shall cease to be misses the charges contained in the notice prise-affiliated party or prohibits such party a director or officer of such enterprise. served under subsection (a) with respect to from participating in the conduct of the af- ‘‘(ii) EFFECT OF ACQUITTAL.—A finding of such party; or fairs of an enterprise, such party receives the not guilty or other disposition of the charge ‘‘(ii) the effective date of an order issued written consent of the Director, the order shall not preclude the Director from insti- by the Director to such party under sub- shall, to the extent of such consent, cease to tuting proceedings after such finding or dis- section (a). apply to such party with respect to the en- position to remove such party from office or ‘‘(3) COPY OF ORDER.—If the Director issues terprise described in the written consent. If the Director grants such a written consent, to prohibit further participation in enter- a suspension order under this section to any prise affairs under subsection (a), (d), or (e). enterprise-affiliated party, the Director shall the Director shall publicly disclose such con- ‘‘(iii) EFFECTIVE PERIOD.—Any notice of serve a copy of such order on any enterprise sent. ‘‘(3) VIOLATION OF PARAGRAPH (1) TREATED suspension or order of removal issued under with which such party is affiliated at the this subsection shall remain effective and time such order is issued. AS VIOLATION OF ORDER.—Any violation of paragraph (1) by any person who is subject to outstanding until the completion of any ‘‘(c) NOTICE, HEARING, AND ORDER.— an order described in such subsection shall hearing or appeal authorized under para- ‘‘(1) IN GENERAL.—A notice of intention to graph (4) unless terminated by the Director. remove an enterprise-affiliated party from be treated as a violation of the order. ‘‘(f) APPLICABILITY.—This section shall ‘‘(3) AUTHORITY OF REMAINING BOARD MEM- office or to prohibit such party from partici- only apply to a person who is an individual, BERS.— pating in the conduct of the affairs of an en- unless the Director specifically finds that it ‘‘(A) IN GENERAL.—If at any time, because terprise shall— should apply to a corporation, firm, or other of the suspension of 1 or more directors pur- ‘‘(A) contain a statement of the facts con- business enterprise. suant to this section, there shall be on the stituting grounds for such action; and ‘‘(g) STAY OF SUSPENSION AND PROHIBITION board of directors of an enterprise less than ‘‘(B) fix a time and place at which a hear- OF ENTERPRISE-AFFILIATED PARTY.—Not a quorum of directors not so suspended, all ing will be held on such action. later than 10 days after any enterprise-affili- powers and functions vested in or exercisable ‘‘(2) HEARING.—The Director shall hold the ated party has been suspended from office or by such board shall vest in and be exer- hearing not earlier than 30 days nor later prohibited from participation in the conduct cisable by the director or directors on the than 60 days after the date of service of no- of the affairs of an enterprise under this sec- board not so suspended, until such time as tice under paragraph (1), unless an earlier or tion, such party may apply to the United there shall be a quorum of the board of direc- a later date is set by the Director at the re- States District Court for the District of Co- tors. quest of— lumbia, or the United States district court ‘‘(B) SUSPENSION OF ALL DIRECTORS.—In the ‘‘(A) the enterprise-affiliated party, and for for the judicial district in which the head- event all of the directors of an enterprise are good cause shown; or quarters of the enterprise is located, for a suspended pursuant to this section, the Di- ‘‘(B) the Attorney General of the United stay of such suspension or prohibition pend- rector shall appoint persons to serve tempo- States. ing the completion of the administrative rarily as directors in their place and stead ‘‘(3) REMOVAL OR PROHIBITION.— proceedings pursuant to the notice served pending the termination of such suspensions, ‘‘(A) IN GENERAL.—The Director may issue upon such party under this section, and such or until such time as those who have been such orders of suspension or removal from court shall have jurisdiction to stay such suspended, cease to be directors of the enter- office, or prohibition from participation in suspension or prohibition. prise and their respective successors take of- the conduct of the affairs of the enterprise, ‘‘(h) SUSPENSION OR REMOVAL OF ENTER- fice. if— PRISE-AFFILIATED PARTY CHARGED WITH FEL- ‘‘(4) HEARING REGARDING CONTINUED PAR- ‘‘(i) the enterprise-affiliated party named ONY.— TICIPATION.— in the notice issued under paragraph (1) fails ‘‘(1) SUSPENSION OR PROHIBITION.— ‘‘(A) IN GENERAL.—Not later than 30 days to appear at the hearing in person, or by a ‘‘(A) IN GENERAL.—Whenever any enter- after receipt of service of any notice of sus- duly authorized representative; or prise-affiliated party is charged in any infor- pension or order of removal issued under ‘‘(ii) the Director determines, based upon mation, indictment, or complaint, with the paragraph (1) or (2), the enterprise-affiliated the record of the hearing, that any of the commission of or participation in a crime in- party may request in writing an opportunity grounds for removal or prohibition specified volving dishonesty or breach of trust which to appear before the Director to show that in the notice issued under paragraph (1) have is punishable by imprisonment for a term ex- the continued service to or participation in been established. ceeding 1 year under State or Federal law, the conduct of the affairs of the enterprise ‘‘(B) EFFECTIVE DATE OF ORDER.—Any order the Director may, if continued service or by such party does not, or is not likely to, issued under subparagraph (A) shall become participation by such party may pose a pose a threat to the interests of the enter- effective at 30 days after service of the order threat to the enterprise or impair public con- prise or threaten to impair public confidence to the enterprise-affiliated party and the rel- fidence in the enterprise, by written notice in the enterprise. evant enterprise, except in the case of an served upon such party, suspend such party ‘‘(B) TIMING.—Upon receipt of a request for order issued upon consent, which shall be- from office or prohibit such party from fur- a hearing under subparagraph (A), the Direc- come effective at the time specified therein. ther participation in any manner in the con- tor shall fix a time (not more than 30 days ‘‘(C) TERM.—Any order issued under sub- duct of the affairs of any enterprise. after receipt of such request, unless extended paragraph (A) shall remain effective and en- ‘‘(B) PROVISIONS APPLICABLE TO NOTICE.— at the request of such party) and place at forceable, except to such extent as it is ‘‘(i) COPY.—A copy of any notice under sub- which such party may appear, personally or stayed, modified, terminated, or set aside by paragraph (A) shall also be served upon the through counsel, before the Director or 1 or action of the Director or a reviewing court. relevant enterprise. more designated employees of the Director,

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11997 to submit written materials (or, at the dis- 7 of title 5, United States Code. The judg- ‘‘(C) violates any condition imposed in cretion of the Director, oral testimony) and ment and decree of the court shall be final, writing by the Director in connection with oral argument. except that the same shall be subject to re- the grant of any application or other request ‘‘(C) NOTIFICATION OF DETERMINATION.—Not view by the Supreme Court upon certiorari, by such enterprise; later than 60 days after the hearing under as provided in section 1254 of title 28, United ‘‘(D) violates any written agreement be- this paragraph, the Director shall notify the States Code. tween the enterprise and the Director; or enterprise-affiliated party whether the sus- ‘‘(3) PROCEEDINGS NOT TREATED AS STAY.— ‘‘(E) engages in any conduct the Director pension or prohibition from participation in The commencement of proceedings for judi- determines to be an unsafe or unsound prac- any manner in the conduct of the affairs of cial review under paragraph (2) shall not, un- tice, the enterprise will be continued, terminated, less specifically ordered by the court, oper- shall forfeit and pay a civil penalty of not or otherwise modified, or whether the order ate as a stay of any order issued by the Di- more than $10,000 for each day during which removing such party from office or prohib- rector.’’. such violation continues. iting such party from further participation (b) CONFORMING AMENDMENTS.— ‘‘(2) SECOND TIER.—Notwithstanding para- in any manner in the conduct of the affairs (1) 1992 ACT.—Section 1317(f) of the Housing graph (1)— of the enterprise will be rescinded or other- and Community Development Act of 1992 (12 ‘‘(A) if an enterprise, or an enterprise-af- wise modified. Such notification shall con- U.S.C. 4517(f)) is amended by striking ‘‘sec- filiated party— tain a statement of the basis for the Direc- tion 1379B’’ and inserting ‘‘section 1379D’’. ‘‘(i) commits any violation described in tor’s decision, if adverse to such party. (2) FANNIE MAE CHARTER ACT.—The second any subparagraph of paragraph (1); ‘‘(D) RULES.—The Director is authorized to sentence of subsection (b) of section 308 of ‘‘(ii) recklessly engages in an unsafe or un- prescribe such rules as may be necessary to the Federal National Mortgage Association sound practice in conducting the affairs of carry out the purposes of this subsection. Charter Act (12 U.S.C. 1723(b)) is amended by such enterprise; or ‘‘(i) HEARINGS AND JUDICIAL REVIEW.— striking ‘‘The’’ and inserting ‘‘Except to the ‘‘(iii) breaches any fiduciary duty; and ‘‘(1) VENUE AND PROCEDURE.— extent that action under section 1377 of the ‘‘(B) the violation, practice, or breach— ‘‘(A) IN GENERAL.—Any hearing provided Housing and Community Development Act of for in this section shall be held in the Dis- ‘‘(i) is part of a pattern of misconduct; 1992 temporarily results in a lesser number, ‘‘(ii) causes or is likely to cause more than trict of Columbia or in the Federal judicial the’’. district in which the headquarters of the en- a minimal loss to such enterprise; or (3) FREDDIE MAC ACT.—The second sentence terprise is located, unless the party afforded ‘‘(iii) results in pecuniary gain or other of subparagraph (A) of section 303(a)(2) of the benefit to such party, the hearing consents to another place, and Federal Home Loan Mortgage Corporation the enterprise or enterprise-affiliated party shall be conducted in accordance with the Act (12 U.S.C. 1452(a)(2)(A)) is amended by shall forfeit and pay a civil penalty of not provisions of chapter 5 of title 5, United striking ‘‘The’’ and inserting ‘‘Except to the more than $50,000 for each day during which States Code. extent action under section 1377 of the Hous- ‘‘(B) ISSUANCE OF DECISION.—After a hear- such violation, practice, or breach continues. ing and Community Development Act of 1992 ing under subparagraph (A), and within 90 ‘‘(3) THIRD TIER.—Notwithstanding para- temporarily results in a lesser number, the’’. days after the Director has notified the par- graphs (1) and (2), any enterprise which, or ties that the case has been submitted to the SEC. 154. ENFORCEMENT AND JURISDICTION. any enterprise-affiliated party who— court for final decision, the court shall Section 1375 of the Housing and Commu- ‘‘(A) knowingly— render its decision (which shall include find- nity Development Act of 1992 (12 U.S.C. 4635) ‘‘(i) commits any violation described in ings of fact upon which its decision is predi- is amended— any subparagraph of paragraph (1); cated) and shall issue and serve upon each (1) by striking subsection (a) and inserting ‘‘(ii) engages in any unsafe or unsound party to the proceeding an order or orders the following: practice in conducting the affairs of such en- consistent with the provisions of this sec- ‘‘(a) ENFORCEMENT.—The Director may, in terprise; or tion. Judicial review of any such order shall the discretion of the Director, apply to the ‘‘(iii) breaches any fiduciary duty; and be exclusively as provided in this subsection. United States District Court for the District ‘‘(B) knowingly or recklessly causes a sub- ‘‘(C) MODIFICATION.—Unless a petition for of Columbia, or the United States district stantial loss to such enterprise or a substan- review is timely filed in a court of appeals of court within the jurisdiction of which the tial pecuniary gain or other benefit to such the United States, as provided in paragraph headquarters of the enterprise is located, for party by reason of such violation, practice, (2), and thereafter until the record in the the enforcement of any effective and out- or breach, proceeding has been filed as so provided, the standing notice or order issued under this shall forfeit and pay a civil penalty in an Director may at any time, upon such notice subtitle or subtitle B, or request that the At- amount not to exceed the applicable max- and in such manner as it shall deem proper, torney General of the United States bring imum amount determined under paragraph modify, terminate, or set aside any such such an action. Such court shall have juris- (4) for each day during which such violation, order. Upon such filing of the record, the Di- diction and power to order and require com- practice, or breach continues. rector may modify, terminate, or set aside pliance with such notice or order.’’; and ‘‘(4) MAXIMUM AMOUNTS OF PENALTIES FOR any such order with permission of the court. (2) in subsection (b), by striking ‘‘or 1376’’ ANY VIOLATION DESCRIBED IN PARAGRAPH (3).— ‘‘(2) REVIEW OF ORDER.— and inserting ‘‘1376, or 1377’’. The maximum daily amount of any civil pen- ‘‘(A) IN GENERAL.—Any party to any pro- SEC. 155. CIVIL MONEY PENALTIES. alty which may be assessed pursuant to ceeding under paragraph (1) may obtain a re- Section 1376 of the Housing and Commu- paragraph (3) for any violation, practice, or view of any order served pursuant to para- nity Development Act of 1992 (12 U.S.C. 4636) breach described in such paragraph is— graph (1) (other than an order issued with is amended— ‘‘(A) in the case of any person other than the consent of the enterprise or the enter- (1) in subsection (a), in the matter pre- an enterprise, an amount not to exceed prise-affiliated party concerned, or an order ceding paragraph (1), by striking ‘‘or any ex- $2,000,000; and issued under subsection (h) of this section) ecutive officer or’’ and inserting ‘‘any execu- ‘‘(B) in the case of any enterprise, by filing in the United States Court of Ap- tive officer of an enterprise, any enterprise- $2,000,000.’’; and peals for the District of Columbia Circuit or affiliated party, or any’’; (3) in subsection (d)— court of appeals of the United States for the (2) by striking subsection (b) and inserting (A) by striking ‘‘or director’’ each place circuit in which the headquarters of the en- the following: such term appears and inserting ‘‘director, terprise is located, within 30 days after the ‘‘(b) AMOUNT OF PENALTY.— or enterprise-affiliated party’’; date of service of such order, a written peti- ‘‘(1) FIRST TIER.—Any enterprise which, or (B) by striking ‘‘request the Attorney Gen- tion praying that the order of the Director any enterprise-affiliated party who— eral of the United States to’’; be modified, terminated, or set aside. ‘‘(A) violates any provision of this title, (C) by inserting ‘‘, or the United States dis- ‘‘(B) FILING OF RECORD.—A copy of a peti- the Federal National Mortgage Association trict court within the jurisdiction of which tion filed under subparagraph (A) shall be Charter Act (12 U.S.C. 1716 et seq.), the Fed- the headquarters of the enterprise is lo- transmitted by the clerk of the court to the eral Home Loan Mortgage Corporation Act cated,’’ after ‘‘District of Columbia’’; and Director, and thereupon the Director shall (12 U.S.C. 1451 et seq.), or any order, condi- (D) by striking ‘‘, or may, under the direc- file in the court the record in the proceeding, tion, rule, or regulation under any such title tion and control of the Attorney General, as provided in section 2112 of title 28, United or Act, except that the Director may not en- bring such an action’’. States Code. force compliance with any housing goal es- ‘‘(C) JURISDICTION.—Upon the filing of a pe- tablished under subpart B of part 2 of sub- SEC. 156. CRIMINAL PENALTY. tition under subparagraph (A), the court in title A of this title, with section 1336 or 1337 Subtitle C of title XIII of the Housing and which it is filed shall have jurisdiction, of this title, with subsection (m) or (n) of Community Development Act of 1992 (12 which upon the filing of the record shall (ex- section 309 of the Federal National Mortgage U.S.C. 4631 et seq.) is amended by inserting cept as provided in the last sentence of para- Association Charter Act (12 U.S.C. 1723a(m), after section 1377 (as added by this Act) the graph (1)) be exclusive, to affirm, modify, (n)), or with subsection (e) or (f) of section following: terminate, or set aside, in whole or in part, 307 of the Federal Home Loan Mortgage Cor- ‘‘SEC. 1378. CRIMINAL PENALTY. the order of the Director. poration Act (12 U.S.C. 1456(e), (f)); ‘‘Whoever, being subject to an order in ef- ‘‘(D) REVIEW.—Review of the petition by ‘‘(B) violates any final or temporary order fect under section 1377, without the prior the court shall be had as provided in chapter or notice issued pursuant to this title; written approval of the Director, knowingly

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S11998 CONGRESSIONAL RECORD — SENATE September 25, 2003 participates, directly or indirectly, in any (4) by striking the matter relating to sec- the Flood Disaster Protection Act of 1973 (42 manner (including by engaging in an activity tion 1319 and inserting the following: U.S.C. 4012a(f)(3)(A)) is amended by striking specifically prohibited in such an order) in ‘‘Sec. 1319. Review of enterprises.’’; ‘‘Director of the Office of Federal Housing the conduct of the affairs of any enterprise (5) by striking the matter relating to sec- Enterprise Oversight of the Department of shall, notwithstanding section 3571 of title tion 1328 and inserting the following: Housing and Urban Development’’ and in- 18, be fined not more than $1,000,000, impris- serting ‘‘Director of the Office of Federal oned for not more than 5 years, or both.’’. ‘‘Sec. 1328. Reports by Director.’’; Housing Enterprise Supervision of the De- (6) by striking the heading relating to sub- partment of the Treasury’’. Subtitle D—General Provisions title B of title XIII and inserting the fol- (h) AMENDMENT TO DEPARTMENT OF HOUS- SEC. 161. CONFORMING AND TECHNICAL AMEND- lowing: ING AND URBAN DEVELOPMENT ACT.—Section MENTS. Subtitle B—Required Capital Levels for En- 5 of the Department of Housing and Urban (a) AMENDMENTS TO 1992 ACT.—Title XIII of terprises, Special Enforcement Powers, and Development Act (42 U.S.C. 3534) is amended the Housing and Community Development Nonmortgage-Related Assets’’; by striking subsection (d). Act of 1992 (12 U.S.C. 4501 et seq.), as amend- (i) AMENDMENT TO TITLE 5, UNITED STATES ed this Act, is amended— (7) by inserting after the matter relating CODE.—Section 5315 of title 5, United States (1) in section 1315 (12 U.S.C. 4515)— to section 1369D the following: Code, is amended by striking the item relat- (A) in subsection (a)— ‘‘Sec. 1369E. Nonmortgage-related assets.’’; ing to the Director of the Office of Federal (i) in the subsection heading, by striking (8) by redesignating the matter relating to Housing Enterprise Oversight, Department ‘‘OFFICE PERSONNEL’’ and inserting ‘‘IN GEN- sections 1377 through 1379B as sections 1379 of Housing and Urban Development and in- ERAL’’; and through 1379D, respectively; and serting the following new item: (ii) by striking ‘‘The’’ and inserting ‘‘Sub- (9) by inserting after the matter relating ‘‘Director of the Office of Federal Housing ject to title II of the Federal Housing Enter- to section 1376 the following: Enterprise Supervision, Department of the Treasury.’’. prise Oversight Modernization Act of 2003, ‘‘Sec. 1377. Removal and prohibition author- the’’; ity. SEC. 162. EFFECTIVE DATE. (B) in subsection (d)— ‘‘Sec. 1378. Criminal penalty.’’. Except as specifically provided otherwise in this title, the amendments made by this (i) in the subsection heading, by striking (c) AMENDMENTS TO FANNIE MAE CHARTER title shall take effect on, and shall apply be- ‘‘HUD’’ and inserting ‘‘DEPARTMENT OF THE ACT.—The Federal National Mortgage Asso- ginning on, the expiration of the 1-year pe- TREASURY’’; and ciation Charter Act (12 U.S.C. 1716 et seq.) is riod beginning on the date of enactment of (ii) by striking ‘‘Housing and Urban Devel- amended— this Act. opment’’ and inserting ‘‘the Department of (1) by striking ‘‘Director of the Office of the Treasury’’; and Federal Housing Enterprise Oversight of the TITLE II—TRANSFER OF FUNCTIONS, (C) by striking subsection (f); Department of Housing and Urban Develop- PERSONNEL, AND PROPERTY (2) in section 1319A (12 U.S.C. 4520)— ment’’ each place such term appears, and in- SEC. 201. ABOLISHMENT OF OFHEO. (A) by striking ‘‘(a) IN GENERAL.—’’; and serting ‘‘Director of the Office of Federal (a) IN GENERAL.—Effective at the end of (B) by striking subsection (b); Housing Enterprise Supervision of the De- the 1-year period beginning on the date of (3) in section 1319F (12 U.S.C. 4525), by partment of the Treasury’’, in— enactment of this Act, the Office of Federal striking paragraph (2); (A) section 303(c)(2) (12 U.S.C. 1718(c)(2)); Housing Enterprise Oversight of the Depart- (4) in the section heading for section 1328, (B) section 309(d)(3)(B) (12 U.S.C. ment of Housing and Urban Development and by striking ‘‘secretary’’ and inserting ‘‘direc- 1723a(d)(3)(B)); and the positions of the Director and Deputy Di- tor’’; (C) section 309(k)(1); and rector of such Office are abolished. (5) in section 1361 (12 U.S.C. 4611)— (2) in section 309(n)— (b) DISPOSITION OF AFFAIRS.—During the 1- (A) in subsection (e)(1), by striking the (A) in paragraph (1), by inserting ‘‘the Di- year period beginning on the date of enact- first sentence and inserting the following: rector of the Office of Federal Housing En- ment of this Act, the Director of the Office ‘‘The Director shall establish the risk-based terprise Supervision of the Department of of Federal Housing Enterprise Oversight capital test under this section by regula- the Treasury,’’ after ‘‘Senate,’’; and shall, solely for the purpose of winding up tion.’’; and (B) in paragraph (3)(B), by striking ‘‘Sec- the affairs of the Office of Federal Housing (B) in subsection (f), by striking ‘‘the Sec- retary’’ and inserting ‘‘Director of the Office Enterprise Oversight— retary,’’; of Federal Housing Enterprise Supervision of (1) manage the employees of such Office (6) in section 1364(c) (12 U.S.C. 4614(c)), by the Department of the Treasury’’. and provide for the payment of the com- striking the last sentence; (e) AMENDMENTS TO FREDDIE MAC ACT.— pensation and benefits of any such employee (7) in section 1367(a)(2) (12 U.S.C. 4617(a)(2)), The Federal Home Loan Mortgage Corpora- which accrue before the effective date of any by striking ‘‘with the written concurrence of tion Act (12 U.S.C. 1451 et seq.) is amended— transfer of such employee pursuant to sec- the Secretary of the Treasury,’’; (1) by striking ‘‘Director of the Office of tion 203; and (8) by striking section 1383; Federal Housing Enterprise Oversight of the (2) may take any other action necessary (9) by striking ‘‘Committee on Banking, Department of Housing and Urban Develop- for the purpose of winding up the affairs of Finance and Urban Affairs’’ and inserting ment’’ each place such term appears, and in- the Office. ‘‘Committee on Financial Services’’ each serting ‘‘Director of the Office of Federal (c) STATUS OF EMPLOYEES AS FEDERAL place such term appears in sections 1319B, Housing Enterprise Supervision of the De- AGENCY EMPLOYEES.—The amendments made 1319G(c), 1328(a), 1336(b)(3)(C), 1337, and partment of the Treasury’’, in— by title I and the abolishment of the Office 1369(a)(3); and (A) section 303(b)(2) (12 U.S.C. 1452(b)(2)); of Federal Housing Enterprise Oversight (10) by striking ‘‘Secretary’’ and inserting (B) section 303(h)(2) (12 U.S.C. 1452(h)(2)); under subsection (a) of this section may not ‘‘Director’’ each place such term appears in— and be construed to affect the status of any em- (A) subpart A of part 2 of subtitle A (except (C) section 307(c)(1) (12 U.S.C. 1456(c)(1)); ployee of such Office as employees of an in sections 1322, 1324, and 1325); and (2) in section 306(i) (12 U.S.C. 1455(i))— agency of the United States for purposes of (B) subtitle B (except in section 1361(d)(1) (A) by striking ‘‘section 1316(c)’’ and in- any other provision of law during any time and 1369E). serting ‘‘section 306(c)’’; and such employee is so employed. (b) AMENDMENTS TO TABLE OF CONTENTS OF (B) by striking ‘‘section 106’’ and inserting (d) USE OF PROPERTY AND SERVICES.— 1992 ACT.—Section 1(b) of the Housing and ‘‘section 1316’’; and (1) PROPERTY.—The Director of the Office Community Development Act of 1992 (12 (3) in section 307 (12 U.S.C. 1456)— of Federal Housing Enterprise Supervision of U.S.C. 81 note) is amended— (A) in subsection (f)— the Department of the Treasury may use the (1) by striking the matter relating to sec- (i) in paragraph (1), by inserting ‘‘the Di- property of the Office of Federal Housing En- tion 1311 and inserting the following: rector of the Office of Federal Housing En- terprise Oversight to perform functions that ‘‘Sec. 1311. Establishment of Office of Fed- terprise Supervision of the Department of have been transferred to the Director of the eral Housing Enterprise Super- the Treasury,’’ after ‘‘Senate,’’; and Office of Federal Housing Enterprise Super- vision.’’; (ii) in paragraph (3)(B), by striking ‘‘Sec- vision for such time as is reasonable to fa- retary’’ and inserting ‘‘Director of the Office cilitate the orderly transfer of functions (2) by striking the matter relating to sec- of Federal Housing Enterprise Supervision of under any other provision of this Act, or any tion 1313 and inserting the following: the Department of the Treasury’’. amendment made by this Act to any other ‘‘Sec. 1313. Duties and authorities of direc- (f) AMENDMENT TO TITLE 18, UNITED STATES provision of law. tor.’’; CODE.—Section 1905 of title 18, United States (2) AGENCY SERVICES.—Any agency, depart- (3) by inserting after the matter relating Code, is amended by striking ‘‘Office of Fed- ment, or other instrumentality of the United to section 1319G the following: eral Housing Enterprise Oversight’’ and in- States, and any successor to any such agen- serting ‘‘Office of Federal Housing Enter- cy, department, or instrumentality, which ‘‘Sec. 1319H. Prior approval authority for prise Supervision of the Department of the was providing supporting services to the Of- new programs. Treasury’’. fice of Federal Housing Enterprise Oversight ‘‘Sec. 1319I. Registration of stock and public (g) AMENDMENTS TO FLOOD DISASTER PRO- before the expiration of the period under sub- disclosures.’’; TECTION ACT OF 1973.—Section 102(f)(3)(A) of section (a) in connection with functions that

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S11999 are transferred to the Director of the Office agency to another or the replacement of 1 S. 1658. A bill to make residents of of Federal Housing Enterprise Supervision of agency by another, for purposes of section Puerto Rico eligible for the earned in- the Department of the Treasury shall— 3505 of title 5, United States Code, except to come tax credit, the refundable portion (A) continue to provide such services, on a the extent that the Director of the Office of of the child tax credit, and supple- Federal Housing Enterprise Supervision spe- reimbursable basis, until the transfer of such mental security income benefits; to the functions is complete; and cifically provides so. (B) consult with any such agency to co- (b) APPOINTMENT AUTHORITY FOR EXCEPTED Committee on Finance. ordinate and facilitate a prompt and reason- AND SENIOR EXECUTIVE SERVICE EMPLOY- (At the request of Mr. DASCHLE, the able transition. EES.— following statement was ordered to be (e) SAVINGS PROVISIONS.— (1) IN GENERAL.—Subject to paragraph (2), printed in the RECORD.) (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- in the case of employees occupying positions Mr. GRAHAM. Mr. President, the TIONS NOT AFFECTED.—Subsection (a) shall in the excepted service or the Senior Execu- Commonwealth of Puerto Rico has not affect the validity of any right, duty, or tive Service, any appointment authority es- been a territory of the United States obligation of the United States, the Director tablished pursuant to law or regulations of since 1898. Since 1917, people born in of the Office of Federal Housing Enterprise the Office of Personnel Management for fill- ing such positions shall be transferred. Puerto Rico have been citizens of the Oversight, or any other person, which— United States under Federal laws ap- (A) arises under or pursuant to the title (2) DECLINE OF TRANSFER.—The Director of XIII of the Housing and Community Develop- the Office of Federal Housing Enterprise Su- plicable in the territory. ment Act of 1992 (12 U.S.C. 4501 et seq.), the pervision of the Department of the Treasury One of the interesting, and most mis- Federal National Mortgage Association may decline a transfer of authority under understood, aspects of Puerto Rico’s Charter Act (12 U.S.C. 1716 et seq.), the Fed- paragraph (1) (and the employees appointed unique relationship with the United eral Home Loan Mortgage Corporation Act pursuant thereto) to the extent that such au- States, is that the U.S. citizens who re- (12 U.S.C. 1451 et seq.), or any other provision thority relates to positions excepted from side there are not required to file tax of law applicable with respect to such Office; the competitive service because of their con- returns and pay income tax on the and fidential, policy-making, policy-deter- mining, or policy-advocating character, and money they earn on the island. That (B) existed on the day before the abolish- might lead one to conclude that this is ment under subsection (a) of this section. noncareer positions in the Senior Executive a huge benefit to the majority of peo- (2) CONTINUATION OF SUITS.—No action or Service (within the meaning of section other proceeding commenced by or against 3132(a)(7) of title 5, United States Code). ple who live on the island. The reality, the Director of the Office of Federal Housing (c) REORGANIZATION.—If the Director of the however, is that well over half—and Enterprise Oversight shall abate by reason of Office of Federal Housing Enterprise Super- perhaps as much as three-quarters—of the enactment of this Act, except that the vision of the Department of the Treasury de- Puerto Rican families would likely owe Director of the Office of Federal Housing En- termines, after the end of the 1-year period no U.S. income tax if they were taxed terprise Supervision of the Department of beginning on the date of the abolishment under section 201(a), that a reorganization of in the same manner as other citizens. the Treasury shall be substituted for the Di- the combined work force is required, that re- Why? Because Puerto Rico struggles rector of the Office of Federal Housing En- organization shall be deemed a major reorga- with a high rate of poverty. Fifty-eight terprise Oversight as a party to any such ac- nization for purposes of affording affected percent of Puerto Rican children live tion or proceeding. employees retirement under section below the national poverty level— SEC. 202. CONTINUATION AND COORDINATION OF 8336(d)(2) or 8414(b)(1)(B) of title 5, United CERTAIN REGULATIONS. which is an improvement from 67 per- States Code. cent in the early 1990s. That means All regulations, orders, determinations, (d) EMPLOYEE BENEFIT PROGRAMS.— that today more than one-half of Puer- and resolutions that— (1) IN GENERAL.—Any employee of the Of- (1) were issued, made, prescribed, or al- fice of Federal Housing Enterprise Oversight to Rican children live in a family that lowed to become effective by— accepting employment with the Director of earns less than $17,000 a year. In con- (A) the Office of Federal Housing Enter- the Office of Federal Housing Enterprise Su- trast, the State with the highest child prise Oversight; pervision of the Department of the Treasury poverty rate, Mississippi, has a child (B) the Secretary of Housing and Urban as a result of a transfer under subsection (a) poverty rate of 27 percent. Development and that relate to the Sec- may retain for 18 months after the date such For over 30 years, U.S. policy toward retary’s authority under— transfer occurs membership in any employee improving the economic situation on (i) title XIII of the Housing and Commu- benefit program of the Director of the Office nity Development Act of 1992 (12 U.S.C. 4501 the island has focused on corporate tax of Federal Housing Enterprise Supervision of incentives. Today, I am introducing et seq.); the Department of the Treasury or the Office (ii) the Federal National Mortgage Asso- of Federal Housing Enterprise Oversight, as legislation that focuses on providing ciation Charter Act (12 U.S.C. 1716 et seq.), applicable, including insurance, to which direct stimulus to the part of economy with respect to the Federal National Mort- such employee belongs on the date of the in Puerto Rico that has been ne- gage Association; or abolishment under section 201(a) if— glected—Puerto Rican families and (iii) the Federal Home Loan Mortgage Cor- (A) the employee does not elect to give up children. Putting money into the hands poration Act (12 U.S.C. 1451 et seq.); or the benefit or membership in the program; of the people who will spend it will pro- (C) a court of competent jurisdiction and and vide the most direct stimulus for the that relate to functions transferred by this (B) the benefit or program is continued by Act; and economy of the island. the Director of the Office of Federal Housing This bill puts Puerto Rican families (2) are in effect on the date of the abolish- Enterprise Supervision. on par with other families in America ment under section 201(a) of this Act, (2) PAYMENT OF DIFFERENTIAL.—The dif- shall remain in effect according to the terms ference in the costs between the benefits by extending to them the benefits of of such regulations, orders, determinations, which would have been provided by such our social safety net. Specifically, the and resolutions, and shall be enforceable by agency and those provided by this section bill makes residents of Puerto Rico eli- or against the Director of the Office of Fed- shall be paid by the Director of the Office of gible for the earned income tax credit, eral Housing Enterprise Supervision of the Federal Housing Enterprise Supervision. If the refundable per child tax credit, and Department of the Treasury until modified, any employee elects to give up membership the Supplemental Security Income pro- terminated, set aside, or superseded in ac- in a health insurance program or the health gram. cordance with applicable law by such Board, insurance program is not continued by such Although Puerto Rican families are any court of competent jurisdiction, or oper- Director, the employee shall be permitted to not subject to the Federal income tax, ation of law. select an alternate Federal health insurance they do pay Federal payroll taxes. Just SEC. 203. TRANSFER AND RIGHTS OF EMPLOYEES program within 30 days of such election or OF OFHEO. notice, without regard to any other regu- like other working families in America (a) AUTHORITY TO TRANSFER.—The Director larly scheduled open season. that work hard and play by the rules, of the Office of Federal Housing Enterprise SEC. 204. TRANSFER OF PROPERTY AND FACILI- low-income employees in Puerto Rico Supervision of the Department of the Treas- TIES. deserve relief from those payroll taxes. ury may transfer employees of the Office of Upon the abolishment under section 201(a), The earned income tax credit and the Federal Housing Enterprise Oversight to the all property of the Office of Federal Housing refundable portion of the child tax Office of Federal Housing Enterprise Super- Enterprise Oversight shall transfer to the Di- credit have long been recognized as an vision for employment no later than the date rector of the Office of Federal Housing En- of the abolishment under section 201(a) of terprise Supervision of the Department of effective way to provide such relief. this Act, as the Director considers appro- the Treasury. The Puerto Rico Economic Stimulus priate. This Act and the amendments made Act says that families in Puerto Rico by this Act shall not be considered to result By Mr. DASCHLE (for Mr. GRA- should also be able to claim these cred- in the transfer of any function from one HAM of Florida): its, in the same way, and subject to the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12000 CONGRESSIONAL RECORD — SENATE September 25, 2003 same limitations, as families in Flor- (c) APPLICABILITY.— ‘‘TERMINATION FOR RESIDENTS OF PUERTO RICO ida, Tennessee, Texas, or New York. (1) IN GENERAL.—Any credit allowable by ‘‘SEC. 1007. This title shall not apply to Workers in Puerto Rico pay payroll reason of the amendment made by sub- residents of the Commonwealth of Puerto taxes like all other Americans. While section (a) shall not exceed the applicable Rico after 2012.’’. percentage of the amount of credit which (3) TITLE XIV.—Title XIV of the Social Se- some may disagree with the notion of would otherwise be allowable under section providing refundable credits to offset curity Act is amended by inserting at the 24(d)(1) (without regard to this subsection). end the following: payroll taxes that is a different debate (2) APPLICABLE PERCENTAGE.—The applica- ‘‘TERMINATION FOR RESIDENTS OF PUERTO RICO than whether low-income families in ble percentage shall be determined as fol- ‘‘SEC. 1406. This title shall not apply to lows: Puerto Rico should be treated the same residents of the Commonwealth of Puerto as low-income families in the 50 States. In the case of any taxable The applicable percent- Rico after 2012.’’. This is a matter of equity, not tax pol- year beginning in— age is— (4) TITLE XVI.—Title XVI of the Social Se- icy. 2004 ...... 10 2005 ...... 20 curity Act, as applicable with respect to the I ask unanimous consent that the 2006 ...... 30 Commonwealth of Puerto Rico before the full text of this bill be printed in the 2007 ...... 40 date of the enactment of this Act, shall not RECORD. 2008 ...... 50 apply after 2012. There being no objection, the bill was 2009 ...... 60 (d) EFFECTIVE DATE.—The amendments 2010 ...... 70 made by subsections (a) and (b) shall apply ordered to be printed in the RECORD, as 2011 ...... 80 to benefits payable in months beginning on follows: 2012 ...... 90 or after January 1, 2004. S. 1658 2013 and thereafter ...... 100. Be it enacted by the Senate and House of Rep- SEC. 4. SSI TO APPLY TO RESIDENTS OF PUERTO By Mr. CAMPBELL (for himself, RICO. resentatives of the United States of America in Mr. DOMENICI, Mr. ALLARD, and Congress assembled, (a) IN GENERAL.—Section 1614(e) of the So- cial Security Act is amended by striking Mr. REID): SECTION 1. SHORT TITLE. ‘‘and the District of Columbia’’ and inserting S. 1660. A bill to improve water qual- This Act may be cited as the ‘‘Puerto Rico ‘‘, the District of Columbia, and the Com- ity on abandoned and inactive mine Economic Stimulus Act of 2003’’. monwealth of Puerto Rico’’. land, and for other purposes; to the SEC. 2. PUERTO RICO RESIDENTS ELIGIBLE FOR (b) APPLICATION.—Section 1611 of the So- Committee on Environment and Public EARNED INCOME TAX CREDIT. cial Security Act is amended by adding at Works. (a) IN GENERAL.—Section 32 of the Internal the end the following: Revenue Code of 1986 (relating to earned in- Mr. CAMPBELL. Mr. President, I rise ‘‘Limitation on Benefits for Residents of the today to introduce the Good Samaritan come) is amended by inserting at the end the Commonwealth of Puerto Rico Abandoned and Inactive Mine Rec- following new subsection: ‘‘(j) Notwithstanding any other provision ‘‘(n) RESIDENTS OF PUERTO RICO.— of this title, in the case of an individual who lamation Act of 2003. ‘‘(1) IN GENERAL.—In the case of residents is a resident of the Commonwealth of Puerto I have been involved with efforts to of Puerto Rico, this section shall be ap- Rico who is eligible to receive a monthly clean up abandoned hardrock mines for plied— benefit under this title, the monthly benefits a long time. In fact, I was an original ‘‘(A) by substituting ‘United States or payable under this title shall not exceed— cosponsor of a bill in the 106th Con- Puerto Rico’ for ‘United States’ in sub- ‘‘(1) for each month occurring in 2004, 10 sections (c)(1)(A)(ii)(I) and (c)(3)(E), gress. The Western Governors Associa- percent of the monthly benefits that would, tion regarded that the bill as a first ‘‘(B) by substituting ‘nonresident alien in- but for the application of this subsection, be dividual (other than a resident of Puerto step in the right direction, and I am paid to the individual under this title; proud to build and improve upon that Rico)’ for ‘nonresident alien individual’ in ‘‘(2) for each month occurring in 2005, 20 subsection (c)(1)(E), and percent of the monthly benefits that would, experience in crafting my own legisla- ‘‘(C) by substituting ‘gross income (com- but for the application of this subsection, be tion. puted without regard to section 933)’ for paid to the individual under this title; Abandoned hardrock mines pose sig- ‘gross income’ in subsections (a)(2)(B) and ‘‘(3) for each month occurring in 2006, 30 nificant environmental and safety haz- (c)(2)(A)(i). percent of the monthly benefits that would, ards to communities across the West- ‘‘(2) PHASE-IN OF CREDIT.— but for the application of this subsection, be ern United States. In fact, the Western ‘‘(A) IN GENERAL.—The credit allowable paid to the individual under this title; under this section by reason of this sub- Governor’s Association concluded that ‘‘(4) for each month occurring in 2007, 40 there are at least 400,000 such sites section shall not exceed the applicable per- percent of the monthly benefits that would, centage of the amount of credit which would but for the application of this subsection, be across the West, many of which cover otherwise be allowable under this section paid to the individual under this title; our public lands. (without regard to this paragraph). ‘‘(5) for each month occurring in 2008, 50 The history of abandoned hardrock ‘‘(B) APPLICABLE PERCENTAGE.—The appli- percent of the monthly benefits that would, mines is linked to government policies cable percentage shall be determined as fol- but for the application of this subsection, be promoting the westward expansion of lows: paid to the individual under this title; our Nation, and Federal policies during ‘‘In the case of any tax- The applicable percent- ‘‘(6) for each month occurring in 2009, 60 times of war. Due to the historic na- able year beginning age is— percent of the monthly benefits that would, in— ture of these sites, the party respon- but for the application of this subsection, be sible for the environmental problem is 2004 ...... 10 paid to the individual under this title; 2005 ...... 20 ‘‘(7) for each month occurring in 2010, 70 not always identifiable or not economi- 2006 ...... 30 percent of the monthly benefits that would, cally viable to be compelled to clean up 2007 ...... 40 but for the application of this subsection, be the site. 2008 ...... 50 paid to the individual under this title; Abandoned mine lands (AMLs) are 2009 ...... 60 2010 ...... 70 ‘‘(8) for each month occurring in 2011, 80 areas adjacent to or affected by aban- 2011 ...... 80 percent of the monthly benefits that would, doned mines. They often contain 2012 ...... 90 but for the application of this subsection, be unmined mineral deposits, mine 2013 and thereafter ...... 100.’’. paid to the individual under this title; and dumps, and tailings that contaminate (b) EFFECTIVE DATE.—The amendment ‘‘(9) for each month occurring in 2012, 90 percent of the monthly benefits that would, the surrounding watershed and eco- made by this section shall apply to taxable system. Streams near AML sites—in- years beginning after December 31, 2003. but for the application of this subsection, be paid to the individual under this title.’’. cluding many in Colorado—may con- SEC. 3. REFUNDABLE CHILD TAX CREDIT ALLOW- ABLE TO RESIDENTS OF PUERTO (c) TERMINATION OF OTHER PROGRAMS FOR tain metals or be so acidic that fish RICO WITH LESS THAN 3 CHILDREN. RESIDENTS OF PUERTO RICO.— and aquatic insects cannot live in (a) IN GENERAL.—Paragraph (1) of section (1) TITLE I.—Title I of the Social Security them. Water too polluted for fish and 24(d) of the Internal Revenue Code of 1986 (re- Act is amended by inserting at the end the insects is also water too polluted for following: lating to portion of credit refundable) is people. Further, abandoned mine sites ‘‘TERMINATION FOR RESIDENTS OF PUERTO RICO amended by inserting at the end the fol- pose very real safety hazards for folks lowing new sentence: ‘‘For purposes of this ‘‘SEC. 7. This title shall not apply to resi- enjoying the West’s wild lands. paragraph, taxable income shall be computed dents of the Commonwealth of Puerto Rico without regard to section 933.’’. after 2012.’’. Although abandoned hardrock min- (b) EFFECTIVE DATE.—The amendment (2) TITLE X.—Title X of the Social Security ing in the West goes back a hundred made by subsection (a) shall apply to taxable Act is amended by inserting at the end the years, the Clean Water Act has only years beginning after December 31, 2003. following: been in existence for thirty. The Clean

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12001 Water Act was an important and his- There being no objection, the bill was ‘‘(C) PERMITTING AGENT.—The term ‘per- toric piece of legislation that did a lot ordered to be printed in the RECORD, as mitting agent’ means— of good, but it failed to promote the follows: ‘‘(i) the Administrator; or ‘‘(ii) the head of a State program that is reclamation of abandoned hardrock S. 1660 mine sites. In fact, if an environmental authorized by the Administrator to issue and Be it enacted by the Senate and House of Rep- administer permits under this subsection. resentatives of the United States of America in group or county or interested party ‘‘(D) REMEDIATING PARTY.— Congress assembled, wanted to clean an abandoned mine ‘‘(i) IN GENERAL.—The term ‘remediating site, they would incur liability under SECTION 1. SHORT TITLE. party’ means any of the following persons or This Act may be cited as the ‘‘Good Sa- the Act. entities that carries out the remediation of maritan Abandoned and Inactive Mine Re- The Western Governors Association an abandoned or inactive mine land: mediation Act’’. has repeatedly called on Congress to ‘‘(I)(aa) The United States, a State, a polit- SEC. 2. FINDINGS AND PURPOSE. ical subdivision of a State, or an Indian amend the Clean Water Act’s National (a) FINDINGS.—Congress finds that— tribe; or Pollutant Discharge Elimination Sys- (1) the Federal Government has encour- ‘‘(bb) any officer, employee, or contractor tem permit program. The WGA stated aged, through various laws and policies, the that the NPDES program ‘‘has become development of gold, silver, and other min- of the United States, a State, a political sub- an overwhelming disincentive for any erals, especially in the West; division of a State, or an Indian tribe. ‘‘(II) A corporation. voluntary cleanup efforts of AMLs be- (2) development of the resources referred to in paragraph (1) has— ‘‘(III) Any person or entity acting in co- cause of the liability that can be inher- operation with the permittee with respect to ited for any discharges from an aban- (A) helped create a strong economy; and (B) provided strategic materials to achieve the abandoned or inactive mine land. doned mine site remaining after clean- maximum production of the metals that ‘‘(ii) EXCLUSIONS.—The term ‘remediating up, even though the volunteering reme- were essential to victory in World War I and party’ does not include a person or entity de- diating party had no previous responsi- World War II; scribed in clause (i) that, with respect to the bility or liability for the site, and has (3) during World War I and World War II, abandoned or inactive mine land that is reduced the water quality impacts the Federal Government actively encouraged being remediated, has been determined to be from the site by completing a cleanup mining and milling operations, including the legally responsible or in material noncompli- ance with section 301(a). project.’’ design and placement of mine tailings and ‘‘(E) UNANTICIPATED EVENT OR CONDITION.— My bill recognizes that there are a waste rock piles, practices— (A) that were not governed by any Federal The term ‘unanticipated event or condition’ lot of good, responsible folks across our means an event or condition that was not Western communities who recognize or State environmental laws during that pe- riod; contemplated by the permit. the environmental harm that AMLs (B) the impact of which on the environ- ‘‘(2) IN GENERAL.—The permitting agent pose and finally gives them the tools to ment and public health were unknown; and may issue an abandoned or inactive mine re- do something about it. My bill estab- (C) that since that period, have been— mediation permit for the conduct of remedi- lishes a ‘‘Good Samaritan’’ permit pro- (i) found to be harmful to the environment; ation activities on abandoned or inactive gram under the Clean Water Act, ad- and mine land from which there is or may be a ministered by the EPA or a State-ap- (ii) made illegal; discharge of pollutants to bodies of water of the United States. proved agency allowing an applicant to (4) the result of the practices is a legacy of abandoned and inactive mine sites, many of ‘‘(3) APPLICATION FOR PERMIT.— develop a strategy to remediate an af- ‘‘(A) COMPONENTS.— fected area, and be granted a permit to which are on Federal land, that— (A) have been unreclaimed or, based on ex- ‘‘(i) IN GENERAL.—To be eligible to receive do the work without penalizing them isting environmental standards, inad- a permit under this subsection, the remedi- for their good deed. equately reclaimed; and ating party shall submit to the permitting In order to be granted a Good Samar- (B) continue to pose environmental and agent an application that includes a remedi- itan permit, my bill requires an appli- safety hazards; ation plan that— cant to meet comprehensive standards (5) the cleanup of the abandoned and inac- ‘‘(I) identifies— ensuring that they have the financial tive mine sites is hampered primarily by ‘‘(aa) the remediating party; ‘‘(bb) any agents or contractors of the re- and technical resources to get the job concerns about the potential liability associ- ated with the cleanup. mediating party; and done. An applicant must establish re- ‘‘(cc) any persons cooperating with the re- mediation and monitoring schedules (b) PURPOSE.—The purpose of this Act is to facilitate the cleanup of abandoned and inac- mediating party with respect to the remedi- for the clean up project and identify tive mine sites by limiting the potential li- ation plan; funding sources to carry out the plan. ability of persons cleaning up the sites. ‘‘(II) describes the reasonable efforts of the My bill’s goal is to promote the SEC. 3. ABANDONED AND INACTIVE MINE REME- remediating party to identify current own- clean-up of abandoned hardrock mines. DIATION PERMITS. ers, lessees, and claimants of the abandoned Therefore, it allows communities, in- Section 402 of the Federal Water Pollution or inactive mine land addressed by the reme- terest stakeholder groups, and corpora- Control Act (33 U.S.C. 1342) is amended by diation plan; tions, as coalitions or individually to adding at the end the following: ‘‘(III) certifies that the remediating party ‘‘(r) ABANDONED AND INACTIVE MINE REME- qualifies as a remediating party under para- be ‘‘Good Samaritans.’’ The trans- DIATION PERMITS.— graph (1)(D); parent and publicly open permit appli- ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(IV) identifies that the site addressed by cation process helps to ensure that per- ‘‘(A) ABANDONED OR INACTIVE MINE LAND.— the plan is— mit holders are acting in good faith ‘‘(i) IN GENERAL.—The term ‘abandoned or ‘‘(aa) abandoned or inactive mine land; and and have the technical and financial inactive mine land’ means land— ‘‘(bb) eligible for a permit under this Act; wherewithal to get the job done. ‘‘(I) that was actively mined for noncoal ‘‘(V) identifies the bodies of water of the Further, if a permit holder is found resources; United States affected by the abandoned or to have violated the terms of the per- ‘‘(II) that is not— inactive mine land; mit, he or she could lose their liability ‘‘(aa) being actively mined for noncoal re- ‘‘(VI) describes the baseline condition of protection and subject to an enforce- sources; or the bodies of water identified under sub- ‘‘(bb) subject to a temporary shutdown; clause (V), in accordance with requirements ment action. and established by the permitting authority, as The West’s States, communities, and ‘‘(III) with respect to which there is no of the date of the permit application (includ- interested parties have been prevented identifiable or economically viable owner or ing any conditions that make numeric moni- from cleaning up their own commu- operator of record for the mine or mine fa- toring of a baseline preexisting discharge nities for far too long. My bill provides cilities. physically or economically infeasible); a transparent, flexible, and enforceable ‘‘(ii) EXCLUSIONS.—The term ‘abandoned or ‘‘(VII) describes the physical conditions at permit system that removes the unin- inactive mine land’ does not include— the site that are causing or believed to be tentional liability associated with ‘‘(I) a site listed on the National Priorities causing adverse water quality impacts; abandoned hardrock mine cleanup. List under the Comprehensive Environ- ‘‘(VIII) describes the goals and objectives I look forward to working with my mental Response, Compensation, and Liabil- of remediation, including the pollutant or ity Act of 1980 (42 U.S.C. 9601 et seq.); or pollutants to be addressed by the remedi- colleagues on speedy passage of this ‘‘(II) a brownfield site (as defined in sec- ation plan; important legislation. tion 101 of that Act (42 U.S.C. 9601). ‘‘(IX)(aa) describes the practices that are I ask unanimous consent that the ‘‘(B) PERMIT.—The term ‘permit’ means an proposed to reduce, control, mitigate, or text of the bill be printed in the abandoned or inactive mine remediation per- eliminate the impacts of adverse water qual- RECORD. mit described in paragraph (2). ity, including the preliminary system design

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12002 CONGRESSIONAL RECORD — SENATE September 25, 2003 and construction, operation, and mainte- subject to the permit consents to the ‘‘(aa) that is not part of the implementa- nance plans; and issuance of the permit. tion of the remediation plan; and ‘‘(bb) includes a schedule and estimated ‘‘(iv) ACTION FOLLOWING DISAPPROVAL.— ‘‘(bb) with respect to which the remedi- completion date of the practices; ‘‘(I) REVISION.—If the permitting agent dis- ating party is not a participant; ‘‘(X) applies site-specific best available approves an application under clause (i), the ‘‘(iii) an unanticipated event or condition technology, using best professional judg- permitting agent shall— is encountered that is beyond the control of ment, to explain how the practices described ‘‘(aa) notify the applicant of the reasons the remediating party; or in subclause (IX) are expected to improve the for disapproval; and ‘‘(iv) the permitting agent determines that quality of the bodies of water identified ‘‘(bb) allow the applicant 30 days in which remediation activities conducted under the under subclause (V); to submit a revised application. permit have resulted in surface water qual- ‘‘(XI) describes— ‘‘(II) DEADLINE FOR REVISION.—Not later ity conditions that are equal to or better ‘‘(aa) site-specific monitoring or other than 30 days after the date on which a revi- than the baseline condition of the water as forms of assessment to be used to evaluate sion is submitted under subclause (I)(bb), the of the date of the permit application. the success of the practices during and after permitting agent shall approve or disapprove ‘‘(B) NO ENFORCEMENT LIABILITY.—If a per- implementation of the remediation plan in the revision. mit is terminated under subparagraph (A), improving the quality of the water identified ‘‘(4) CONTENTS OF PERMIT.— the remediating party shall not be subject to under subclause (V); and ‘‘(A) IN GENERAL.—A permit shall— enforcement under section 309 or 505 for any ‘‘(bb) the duration of the monitoring or as- ‘‘(i) provide for compliance with and imple- subsequent discharges from the abandoned or mentation of the remediation plan; and sessment; inactive mine land subject to the permit. ‘‘(ii) establish a schedule for review by the ‘‘(XII)(aa) describes any extraction, proc- ‘‘(8) LIMITATIONS.— permitting agent of compliance with and im- essing, or removal of minerals for remedi- ‘‘(A) IN GENERAL.—A remediating party plementation of the remediation plan. ation or commercial sale; and issued a permit under this subsection and, ‘‘(B) LIMITATION.—A permit shall not— ‘‘(bb) states that 100 percent of the net for purposes of conducting a preliminary in- ‘‘(i) require the remediating party to com- profits generated through the use or com- vestigation of a site to determine whether to ply with any other subsection or section 301, mercial sale of minerals under item (aa) that pursue a permit application, a potential ap- 302, or 402; or will be— plicant for a permit, for a period of not more ‘‘(ii) except in a case in which the net prof- than 120 days unless otherwise stated by the ‘‘(AA) used for future remediation; or its (as stated under paragraph ‘‘(BB) deposited in a designated remedi- permitting authority, shall not be considered (3)(A)(i)(XII)(bb)) generated through such use to be an owner or operator for purposes of— ation fund; or sale of minerals are used for present or fu- ‘‘(XIII) provides a schedule for periodic re- ‘‘(i) this Act; ture remediation activities, authorize any ‘‘(ii) the Comprehensive Environmental porting on progress in implementing the re- discharge associated with the extraction, mediation plan; and Response, Compensation, and Liability Act processing, or removal of minerals for com- of 1980 (42 U.S.C. 9601 et seq.); or ‘‘(XIV)(aa) provides a budget for the reme- mercial use or sale. diation plan; and ‘‘(iii) the Solid Waste Disposal Act (42 ‘‘(5) MODIFICATION OF PERMIT.— U.S.C. 6901 et seq.). ‘‘(bb) identifies any potential funding ‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(B) PRIOR VIOLATIONS.—With respect to sources for carrying out the remediation after the date of receipt of a written request violations of this section, or sections 301, 302, plan. by a permittee to modify a permit, the per- and 402 that occur before the date on which ‘‘(ii) CERTIFICATION BY CORPORATION.— mitting agent shall approve or disapprove a a permit is issued under this subsection, ‘‘(I) IN GENERAL.—In addition to the re- modification to the permit. nothing in this subsection— quirements under clause (i), an application ‘‘(B) APPROVAL.—A modification to a per- ‘‘(i) precludes an action under section 309 submitted by a corporation shall include a mit approved by the permitting agent under or 505 for such violations; or certification in accordance with paragraph this subsection shall— ‘‘(ii) affects the relief available under sec- (1)(D)(ii) that, based on the knowledge and ‘‘(i) be made by agreement of the permittee tion 309 or 505. belief of the officers and directors of the cor- and the permitting agent and with the con- EGULATIONS.—Not later than 1 year poration, neither the corporation nor any currence of any applicable State or Indian ‘‘(9) R wholly owned subsidiary of the corporation tribe with jurisdiction over the abandoned or after the date of enactment of this sub- is legally responsible for or in material non- inactive mine land subject to the permit; section, the Administrator, in consultation compliance with section 301(a) or an equiva- ‘‘(ii) be made in accordance with subpara- with State, tribal, and local officials and lent State law for the site proposed to be re- graphs (2)(B) and (3); and after notice and opportunity for public com- mediated. ‘‘(iii) take effect on approval. ment, shall promulgate regulations that— ‘‘(II) LIMITATION.—If at any time the per- ‘‘(6) FAILURE TO COMPLY.—If a remediating ‘‘(A) establish requirements for remedi- mitting agent determines that the certifi- party fails to comply with any term or con- ation plans under this subsection; and cation under subclause (I) is incorrect, the dition of a permit under this subsection, the ‘‘(B) provide guidance for the development corporation— failure shall be considered to be a violation of State programs for the issuance and ad- ‘‘(aa) shall not be entitled to the protec- subject to enforcement under sections 309 ministration of permits under this sub- tion under this subsection; and and 505, except in a case in which— section. ‘‘(bb) shall be subject to liability under ‘‘(A)(i) based on information submitted to ‘‘(10) FUNDING.—A remediating party that this section or section 301, 302, or 402. the permitting agent by the permittee, the implements a remediation plan under a per- ‘‘(B) APPROVAL OR DISAPPROVAL OF APPLI- permitting agent determines that the non- mit issued under this subsection shall be eli- CATION.— compliance was the result of an unantici- gible for grants under section 319(h). ‘‘(i) IN GENERAL.—Not later than 120 days pated event or condition; and ‘‘(11) EFFECT.—Nothing in this subsection— after the date of receipt of an application ‘‘(ii) not later than 30 days after the date ‘‘(A) limits the liability associated with under subparagraph (A), the permitting on which a determination is made under any mining or processing activities in exist- agent shall approve or disapprove the appli- clause (i), the permittee establishes, to the ence before, on, or after the date of enact- cation. satisfaction of the permitting agent, that ment of this subsection; or ‘‘(ii) PUBLIC PARTICIPATION.—Before ap- the permittee is in compliance with the per- ‘‘(B) affects any obligation of a State or In- proving or disapproving an application under mit; or dian tribe under section 303.’’. clause (i), the permitting agent shall provide ‘‘(B)(i) the permitting agent determines to the public— that compliance with the permit is infeasible By Mrs. DOLE: ‘‘(I) notice of the application; and because of reasons not contemplated at the S. 1663. A bill to replace certain ‘‘(II) an opportunity for public comment on time at which the permit was issued; and Coastal Barrier Resources System the application. ‘‘(ii) the permitting agent and the per- maps; to the Committee on Environ- ‘‘(iii) APPROVAL.—The permitting agent mittee modify the permit in accordance with ment and Public Works. shall approve an application under clause (i) paragraph (5). Mrs. DOLE. Mr. President, I ask and issue a permit to the remediating party ‘‘(7) TERMINATION OF PERMIT.— if the permitting agent determines that— ‘‘(A) IN GENERAL.—The permitting agent unanimous consent that the text of the ‘‘(I) the remediating party has made a rea- shall terminate a permit if— legislation, ‘‘To replace certain Coastal sonable effort (relative to the resources ‘‘(i) the remediating party completes the Barrier Resources System maps’’ be available to the remediating party for the implementation of the remediation plan; printed in the RECORD. proposed remediation activity) to identify ‘‘(ii) the discharges covered by the permit There being no objection, the bill was persons under subparagraph (A)(i)(II); become subject to a permit that is issued— ordered to be printed in the RECORD, as ‘‘(II) the implementation of the remedi- ‘‘(I) under another subsection; and follows: ation plan would improve the quality of the ‘‘(II) for the extraction, processing, or re- water identified under subparagraph moval of minerals for commercial sale, the S. 1663 (A)(i)(V); and net profits of which shall be used for pur- Be it enacted by the Senate and House of Rep- ‘‘(III) any Indian tribe with jurisdiction poses other than the purposes described in resentatives of the United States of America in over the abandoned or inactive mine land paragraph (3)(A)(i)(XII)(bb)— Congress assembled,

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12003 SECTION 1. REPLACEMENT OF CERTAIN COAST- (2) directs the Secretary of the Senate to said District for the fiscal year ending Sep- AL BARRIER RESOURCES SYSTEM transmit an enrolled copy of this resolution tember 30, 2004, and for other purposes. MAPS. to the Detroit Shock for appropriate display. (a) IN GENERAL.—The 2 maps subtitled f ‘‘NC–07P’’, relating to the Coastal Barrier f TEXT OF AMENDMENTS Resources System unit designated as Coastal Barrier Resources System Cape Fear Unit SENATE RESOLUTION 235—HON- SA 1787. Mrs. FEINSTEIN proposed NC–07P, that are included in the set of maps ORING THE LIFE OF THE LATE an amendment to amendment SA 1783 entitled ‘‘Coastal Barrier Resources System’’ HERB BROOKS AND EXPRESSING proposed by Mr. DEWINE (for himself and referred to in section 4(a) of the Coastal THE DEEPEST CONDOLENCES OF and Ms. LANDRIEU) to the bill H.R. 2765, Barrier Resources Act (16 U.S.C. 3503(a)), are THE SENATE TO HIS FAMILY ON making appropriations for the govern- hereby replaced by 2 other maps relating to HIS DEATH ment of the District of Columbia and those units entitled ‘‘Coastal Barrier Re- Mr. DAYTON (for himself and Mr. other activities chargeable in whole or sources System Cape Fear Unit, NC–07P’’ and in part against the revenues of said dated February 18, 2003. COLEMAN) submitted the following res- District for the fiscal year ending Sep- (b) AVAILABILITY.—The Secretary of the In- olution; which was referred to the terior shall keep the maps referred to in sub- Committee on the Judiciary: tember 30, 2004, and for other purposes; section (a) on file and available for inspec- as follows: S. RES. 235 tion in accordance with the provisions of sec- On page 31, strike line 13 and all that fol- tion 4(b) of the Coastal Barrier Resources Whereas the Senate has learned with great lows through page 32, line 2, and insert the Act (16 U.S.C. 3503(b)). sadness of the death of Herb Brooks; following: Whereas Herb Brooks, born in Saint Paul, (c) STUDENT ASSESSMENTS.—The Secretary f Minnesota, greatly distinguished himself by may not approve an application from an eli- his long commitment to the game of hockey, gible entity for a grant under this title un- SUBMITTED RESOLUTIONS the players whom he coached, the State of less the eligible entity’s application— Minnesota, and the United States of Amer- (1) ensures that the eligible entity will— ica; (A) assess the academic achievement of all SENATE RESOLUTION 234—HON- Whereas Herb Brooks was a member of the participating eligible students; ORING THE DETROIT SHOCK ON 1964 and 1968 United States Olympic Hockey (B) use the same assessments every school Teams; WINNING THE WOMEN’S NA- year that are used for school year 2003–2004 Whereas Herb Brooks coached the 1980 TIONAL BASKETBALL ASSOCIA- by the District of Columbia Public Schools United States Olympic Hockey Team, also to assess the achievement of District of Co- TION CHAMPIONSHIP known as the ‘‘Miracle on Ice’’, to a sensa- lumbia public school students under section Ms. STABENOW (for herself and Mr. tional victory against the favored Soviet 1111(b)(3)(A) of the Elementary and Sec- Union team, providing the United States ondary Education Act of 1965 (20 U.S.C. LEVIN) submitted the following resolu- with an unforgettable moment that high- 6311(b)(3)(A)), to assess participating eligible tion; which was considered and agreed lighted American determination, resilience, students in the same grades as such public to: and spirit; school students; S. RES. 234 Whereas the United States Olympic Team (C) provide assessment results and other Whereas on September 16, 2003, the Detroit continued victoriously on and won the Gold relevant information to the Secretary or to Shock won the Women’s National Basketball Medal at the 1980 Olympic Games; the entity conducting the evaluation under Association Championship by defeating the Whereas Herb Brooks coached 3 University section 9 so that the Secretary or the entity, 2-time defending champion Los Angeles of Minnesota hockey teams to NCAA Na- respectively, can conduct an evaluation that Sparks, 83 to 78; tional Championships in 1974, 1976, and 1979; shall include, but not be limited to, a com- Whereas the Shock won a league-best 25 Whereas Herb Brooks subsequently parison of the academic achievement of par- games, a year after losing a league-worst 23, coached the Minnesota North Stars, the New ticipating eligible students in the assess- becoming the first team in any major sport York Rangers, the New Jersey Devils, and ments described in this subsection to the since 1890 to finish first in the entire league the Pittsburgh Penguins; achievement of— (i) students in the same grades in the Dis- after finishing last the previous season; Whereas Herb Brooks spearheaded the de- trict of Columbia public schools; and Whereas the enthusiasm and support for velopment of the Division I hockey program (ii) the eligible students in the same grades the Shock by the people of Detroit and of at Saint Cloud State University by serving in District of Columbia public schools who Michigan was clearly demonstrated by the as the first coach of the team, obtaining the sought to participate in the scholarship pro- fact that the final game was attended by a funding for a world-class ice arena, and re- gram but were not selected; and Women’s National Basketball Association cruiting top-level players to the new pro- (D) disclose any personally identifiable in- (WNBA) record crowd of over 22,000 people; gram; formation only to the parents of the student Whereas the Shock completed an incred- Whereas in 1990, Herb Brooks was inducted to whom the information relates; and ible season with the strong performances of into the United States Hockey Hall of Fame (2) describes how the eligible entity will Finals Most Valuable Player Ruth Riley’s and in 1999 was inducted into the Inter- ensure that the parents of each student who career-high 27 points, Swin Cash’s 13 points, national Hockey Hall of Fame; Whereas Herb Brooks was a devoted hus- applies for a scholarship under this title (re- 12 rebounds and 9 assists, and Deanna gardless of whether the student receives the Nolan’s 17 points; band to his wife, Patti, and a loving father to his 2 children, Dan and Kelly; and scholarship), and the parents of each student Whereas Cheryl Ford, the 2003 WNBA participating in the scholarship program Rookie of the Year, became the first rookie Whereas his life was remarkable for its constant pursuit of excellence: Now, there- under this title, agree that the student will in league history to average more than 10 participate in the assessments used by the points and 10 rebounds per game; fore, be it Resolved, That the Senate— District of Columbia Public Schools to assess Whereas Detroit Shock Head Coach Bill the achievement of District of Columbia pub- Laimbeer was named 2003 WNBA Coach of (1) pays tribute to the outstanding career, character, and dedicated work of the great lic school students under section 1111(b)(3)(A) the Year after transforming the Shock into of the Elementary and Secondary Education the best team in the league in his first year American Herb Brooks; (2) expresses its deepest condolences to the Act of 1965 (20 U.S.C. 6311(b)(3)(A)), for the as head coach; period for which the student applied for or family of Herb Brooks; and Whereas in honor of the Shock’s champion- received the scholarship, respectively. (3) directs the Secretary of the Senate to ship, the Palace of Auburn Hills is officially (d) INDEPENDENT EVALUATION.—The Sec- transmit an enrolled copy of this resolution changing its address to Three Championship retary and Mayor of the District of Columbia to the family of Herb Brooks. Drive; and shall jointly select an independent entity to Whereas the Shock have demonstrated f evaluate annually the performance of stu- great strength, skill, and perseverance dur- dents who received scholarships under the 5- ing the 2003 season and have made the entire AMENDMENTS SUBMITTED & year pilot program under this title, and shall State of Michigan proud: Now, therefore, be PROPOSED make the evaluations public. The first eval- it uation shall be completed and made avail- Resolved, That the Senate— SA 1787. Mrs. FEINSTEIN proposed an able not later than 6 months after the entity (1) congratulates the Detroit Shock on amendment to amendment SA 1783 proposed is selected pursuant to the preceding sen- winning the 2003 Women’s National Basket- by Mr. DEWINE (for himself and Ms. LAN- tence. ball Association Championship and recog- DRIEU) to the bill H.R. 2765, making appro- (e) TEACHER QUALITY.—Each teacher who nizes all the players, coaches, support staff, priations for the government of the District instructs participating eligible students and fans who were instrumental in this of Columbia and other activities chargeable under the scholarship program shall possess achievement; and in whole or in part against the revenues of a college degree.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12004 CONGRESSIONAL RECORD — SENATE September 25, 2003 AUTHORITY FOR COMMITTEES TO Texas; Philip S. Figa to be United TITLE I—DEPARTMENT OF THE INTERIOR MEET States District Judge for the District BUREAU OF LAND MANAGEMENT COMMITTEE ON ARMED SERVICES of Colorado; William Q. Hayes to be MANAGEMENT OF LANDS AND RESOURCES Mr. VOINOVICH. Mr. President, I ask United States District Judge for the For necessary expenses for protection, use, im- unanimous consent that the Com- Southern District of California; John provement, development, disposal, cadastral sur- mittee on Armed Services be author- A. Houston to be United States District veying, classification, acquisition of easements and other interests in lands, and performance of ized to meet during the session of the Judge for the Southern District of Cali- fornia; Robert Clive Jones to be United other functions, including maintenance of fa- Senate on Thursday, September 25, cilities, as authorized by law, in the manage- 2003, at 9:30 a.m., in open session, to re- States District Judge for the District of Nevada; Ronald A. White to be ment of lands and their resources under the ju- ceive testimony on ongoing military risdiction of the Bureau of Land Management, operations and reconstruction efforts United States District Judge for the including the general administration of the Bu- in Iraq. Eastern District of Oklahoma; John F. reau, and assessment of mineral potential of Bardelli to be United States Marshal public lands pursuant to Public Law 96–487 (16 Witnesses for the District of Connecticut. U.S.C. 3150(a)), $847,091,000, to remain available Ambassador L. Paul Bremer III, Pres- until expended, of which $1,000,000 is for high II. Bills priority projects, to be carried out by the Youth idential Envoy to Iraq; S. 1451, Runaway, Homeless, and Conservation Corps; $2,484,000 is for assessment General John P. Abizaid, USA, Com- of the mineral potential of public lands in Alas- mander, United States Central Com- Missing Children Protection Act [Hatch, Leahy]; ka pursuant to section 1010 of Public Law 96– mand. 487; (16 U.S.C. 3150); and of which not to exceed The PRESIDING OFFICER. Without S. 1293, A bill to criminalize the send- $1,000,000 shall be derived from the special re- objection, it is so ordered. ing of predatory and abusive e-mail ceipt account established by the Land and [Leahy, Hatch, DeWine, Edwards, Fein- Water Conservation Act of 1965, as amended (16 COMMITTEE ON BANKING, HOUSING, AND URBAN stein, Grassley, Schumer]; U.S.C. 460l–6a(i)); and of which $3,000,000 shall AFFAIRS S. 1580, Religious Workers of Act of be available in fiscal year 2004 subject to a Mr. VOINOVICH. Mr. President, I ask 2003 [Hatch, Kennedy, DeWine]; match by at least an equal amount by the Na- unanimous consent that the Com- S. Res. 209, Recognizing and honoring tional Fish and Wildlife Foundation for cost- mittee on Banking, Housing, and shared projects supporting conservation of Bu- Woodstock, Vermont native Hiram Urban Affairs be authorized to meet reau lands; and such funds shall be advanced to Powers for his extraordinary and en- during the session of the Senate on the Foundation as a lump sum grant without re- during contributions to American September 25, 2003, at 10:00 a.m. to con- gard to when expenses are incurred; in addition, sculpture [Jeffords, Leahy, DeWine, duct a hearing on ‘‘Counterterror Ini- $32,696,000 is for Mining Law Administration Feinstein, Grassley, Hatch, Schumer, program operations, including the cost of ad- tiatives in the Terror Finance Pro- Specter]’ ministering the mining claim fee program; to re- gram.’’ S. Res. 222, Designating October 17, main available until expended, to be reduced by The PRESIDING OFFICER. Without 2003, as National Mammography Day amounts collected by the Bureau and credited to objection, it is so ordered. this appropriation from annual mining claim [Biden, Chambliss, DeWine, Edwards, fees so as to result in a final appropriation esti- COMMITTEE ON FOREIGN RELATIONS Feinstein, Grassley, Hatch, Kennedy, Mr. VOINOVICH. Mr. President, I ask mated at not more than $847,091,000; and Leahy, Schumer, Specter]; $2,000,000, to remain available until expended, unanimous consent that the Com- S. Res. 98, Expressing the Sense of from communication site rental fees established mittee on Foreign Relations be author- the Senate that the President should by the Bureau for the cost of administering com- ized to meet during the session of the designate the week of October 12, 2003, munication site activities: Provided, That appro- Senate on Thursday, September 25, 2003 as National Cystic Fibrosis Awareness priations herein made shall not be available for at 2:30 p.m. to hold a hearing on Euro- Week [Campbell, Biden, DeWine, Grass- the destruction of healthy, unadopted, wild pean Nominations. ley, Specter]. horses and burros in the care of the Bureau. The PRESIDING OFFICER. Without WILDLAND FIRE MANAGEMENT SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND objection, it is so ordered. SPACE For necessary expenses for fire preparedness, COMMITTEE ON INDIAN AFFAIRS Mr. VOINOVICH. Mr. President, I ask suppression operations, fire science and re- Mr. VOINOVICH. Mr. President, I ask search, emergency rehabilitation, hazardous unanimous consent that the sub- fuels reduction, and rural fire assistance by the unanimous consent that the Com- committee on Science, Technology, Department of the Interior, $698,725,000, to re- mittee on Indian Affairs be authorized and Space be authorized to meet on main available until expended, of which not to to meet on Thursday, September 25, Thursday, September 25, 2003, at 2:30 exceed $12,374,000 shall be for the renovation or 2003, at 10:00 a.m. in Room 562 of the pm on scientific and medical advances construction of fire facilities: Provided, That Dirksen Senate Office Building to con- in the field of in utero surgery. such funds are also available for repayment of duct a hearing on the reauthorization The PRESIDING OFFICER. Without advances to other appropriation accounts from of the Head Start program. objection, it is so ordered. which funds were previously transferred for The PRESIDING OFFICER. Without such purposes: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be fur- objection, it is so ordered. f nished subsistence and lodging without cost COMMITTEE ON THE JUDICIARY from funds available from this appropriation: Mr. VOINOVICH. Mr. President, I ask DEPARTMENT OF THE INTERIOR Provided further, That notwithstanding 42 unanimous consent that the Com- AND RELATED AGENCIES APPRO- U.S.C. 1856d, sums received by a bureau or of- fice of the Department of the Interior for fire mittee on the Judiciary be authorized PRIATIONS ACT, 2004 to meet to conduct a markup on Thurs- protection rendered pursuant to 42 U.S.C. 1856 On Tuesday, September 23, 2003, the et seq., protection of United States property, day, September 25, 2003, at 9:30 a.m. in Senate passed H.R. 2691, as follows: may be credited to the appropriation from which Dirksen Room 226. funds were expended to provide that protection, H.R. 2691 Agenda and are available without fiscal year limitation: Resolved, That the bill from the House of Provided further, That using the amounts des- I. Nominations Representatives (H.R. 2691) entitled ‘‘An Act ignated under this title of this Act, the Sec- to making appropriations for the Depart- retary of the Interior may enter into procure- Henry W. Saad to be United States ment of the Interior and related agencies for ment contracts, grants, or cooperative agree- Circuit Judge, for the Sixth Circuit; the fiscal year ending September 30, 2004, and ments, for hazardous fuels reduction activities, Mauricio J. Tamargo to be Chairman of for other purposes.’’, do pass with the fol- and for training and monitoring associated with the Foreign Claims Settlement Com- lowing amendment: such hazardous fuels reduction activities, on mission of the United States; Carlos T. Strike out all after the enacting clause and Federal land, or on adjacent non-Federal land insert: Bea to be United States Circuit Judge for activities that benefit resources on Federal for the Ninth Circuit; Charles H. Pick- That the following sums are appropriated, out land: Provided further, That notwithstanding of any money in the Treasury not otherwise ap- requirements of the Competition in Contracting ering, Sr. to be United States Circuit propriated, for the Department of the Interior Act, the Secretary, for purposes of hazardous Judge for the Fifth Circuit; Marcia A. and related agencies for the fiscal year ending fuels reduction activities, may obtain maximum Crone to be United States District September 30, 2004, and for other purposes, practicable competition among: (A) local pri- Judge for the Eastern District of namely: vate, nonprofit, or cooperative entities; (B)

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12005 Youth Conservation Corps crews or related part- with the second paragraph of subsection (b) of tion, and dismantlement of temporary struc- nerships with state, local, or non-profit youth title II of the Act of August 28, 1937 (50 Stat. tures, and alteration and maintenance of nec- groups; (C) small or micro-businesses; or (D) 876). essary buildings and appurtenant facilities to other entities that will hire or train locally a FOREST ECOSYSTEMS HEALTH AND RECOVERY which the United States has title; up to $100,000 significant percentage, defined as 50 percent or FUND for payments, at the discretion of the Secretary, more, of the project workforce to complete such for information or evidence concerning viola- (REVOLVING FUND, SPECIAL ACCOUNT) contracts: Provided further, That in imple- tions of laws administered by the Bureau; mis- In addition to the purposes authorized in menting this section, the Secretary shall develop cellaneous and emergency expenses of enforce- Public Law 102–381, funds made available in the written guidance to field units to ensure ac- ment activities authorized or approved by the Forest Ecosystem Health and Recovery Fund countability and consistent application of the Secretary and to be accounted for solely on her can be used for the purpose of planning, pre- authorities provided herein: Provided further, certificate, not to exceed $10,000: Provided, That paring, implementing and monitoring salvage That funds appropriated under this head may notwithstanding 44 U.S.C. 501, the Bureau may, timber sales and forest ecosystem health and re- be used to reimburse the United States Fish and under cooperative cost-sharing and partnership covery activities, such as release from competing Wildlife Service and the National Marine Fish- arrangements authorized by law, procure print- vegetation and density control treatments. The eries Service for the costs of carrying out their ing services from cooperators in connection with Federal share of receipts (defined as the portion responsibilities under the Endangered Species jointly produced publications for which the co- of salvage timber receipts not paid to the coun- Act of 1973 (16 U.S.C. 1531 et seq.) to consult operators share the cost of printing either in ties under 43 U.S.C. 1181f and 43 U.S.C. 1181f– and conference, as required by section 7 of such cash or in services, and the Bureau determines 1 et seq., and Public Law 106–393) derived from Act in connection with wildland fire manage- the cooperator is capable of meeting accepted treatments funded by this account shall be de- ment activities: Provided further, That the Sec- quality standards: Provided further, That sec- posited into the Forest Ecosystem Health and retary of the Interior may use wildland fire ap- tion 28 of title 30, United States Code, is amend- Recovery Fund. propriations to enter into non-competitive sole ed: (1) in section 28f(a), by striking ‘‘for years source leases of real property with local govern- RANGE IMPROVEMENTS 2002 through 2003’’ and inserting in lieu thereof ments, at or below fair market value, to con- For rehabilitation, protection, and acquisition ‘‘for years 2004 through 2008’’; and (2) in section struct capitalized improvements for fire facilities of lands and interests therein, and improvement 28g, by striking ‘‘and before September 30, 2003’’ on such leased properties, including but not lim- of Federal rangelands pursuant to section 401 of and inserting in lieu thereof ‘‘and before Sep- ited to fire guard stations, retardant stations, the Federal Land Policy and Management Act tember 30, 2008’’. and other initial attack and fire support facili- of 1976 (43 U.S.C. 1701), notwithstanding any UNITED STATES FISH AND WILDLIFE SERVICE ties, and to make advance payments for any other Act, sums equal to 50 percent of all mon- RESOURCE MANAGEMENT such lease or for construction activity associated eys received during the prior fiscal year under For necessary expenses of the United States with the lease. sections 3 and 15 of the Taylor Grazing Act (43 Fish and Wildlife Service, as authorized by law, CENTRAL HAZARDOUS MATERIALS FUND U.S.C. 315 et seq.) and the amount designated and for scientific and economic studies, mainte- For necessary expenses of the Department of for range improvements from grazing fees and nance of the herd of long-horned cattle on the the Interior and any of its component offices mineral leasing receipts from Bankhead-Jones Wichita Mountains Wildlife Refuge, general ad- and bureaus for the remedial action, including lands transferred to the Department of the Inte- ministration, and for the performance of other associated activities, of hazardous waste sub- rior pursuant to law, but not less than authorized functions related to such resources stances, pollutants, or contaminants pursuant $10,000,000, to remain available until expended: by direct expenditure, contracts, grants, cooper- to the Comprehensive Environmental Response, Provided, That not to exceed $600,000 shall be ative agreements and reimbursable agreements Compensation, and Liability Act, as amended available for administrative expenses. with public and private entities, $942,244,000, to (42 U.S.C. 9601 et seq.), $9,978,000, to remain SERVICE CHARGES, DEPOSITS, AND FORFEITURES remain available until September 30, 2005, of available until expended: Provided, That not- For administrative expenses and other costs which $1,000,000 may be available for the Wild- withstanding 31 U.S.C. 3302, sums recovered related to processing application documents and life Enhancement and Economic Development from or paid by a party in advance of or as re- other authorizations for use and disposal of Program in Starkville, Mississippi: Provided, imbursement for remedial action or response ac- public lands and resources, for costs of pro- That $2,000,000 is for high priority projects, tivities conducted by the Department pursuant viding copies of official public land documents, which shall be carried out by the Youth Con- to section 107 or 113(f) of such Act, shall be for monitoring construction, operation, and ter- servation Corps: Provided further, That not to exceed $12,286,000 shall be used for implementing credited to this account, to be available until ex- mination of facilities in conjunction with use subsections (a), (b), (c), and (e) of section 4 of pended without further appropriation: Provided authorizations, and for rehabilitation of dam- the Endangered Species Act, as amended, for further, That such sums recovered from or paid aged property, such amounts as may be col- species that are indigenous to the United States by any party are not limited to monetary pay- lected under Public Law 94–579, as amended, (except for processing petitions, developing and ments and may include stocks, bonds or other and Public Law 93–153, to remain available issuing proposed and final regulations, and tak- personal or real property, which may be re- until expended: Provided, That notwithstanding ing any other steps to implement actions de- tained, liquidated, or otherwise disposed of by any provision to the contrary of section 305(a) scribed in subsection (c)(2)(A), (c)(2)(B)(i), or the Secretary and which shall be credited to this of Public Law 94–579 (43 U.S.C. 1735(a)), any (c)(2)(B)(ii)), of which not to exceed $8,900,000 account. moneys that have been or will be received pursu- shall be used for any activity regarding the des- CONSTRUCTION ant to that section, whether as a result of for- ignation of critical habitat, pursuant to sub- For construction of buildings, recreation fa- feiture, compromise, or settlement, if not appro- section (a)(3), excluding litigation support, for cilities, roads, trails, and appurtenant facilities, priate for refund pursuant to section 305(c) of species already listed pursuant to subsection $12,476,000, to remain available until expended. that Act (43 U.S.C. 1735(c)), shall be available (a)(1) as of the date of enactment of this Act: and may be expended under the authority of LAND ACQUISITION Provided further, That of the amount available this Act by the Secretary to improve, protect, or For expenses necessary to carry out sections for law enforcement, up to $400,000 to remain rehabilitate any public lands administered 205, 206, and 318(d) of Public Law 94–579, in- available until expended, may at the discretion through the Bureau of Land Management cluding administrative expenses and acquisition of the Secretary be used for payment for infor- which have been damaged by the action of a re- of lands or waters, or interests therein, mation, rewards, or evidence concerning viola- source developer, purchaser, permittee, or any $25,600,000, to be derived from the Land and tions of laws administered by the Service, and unauthorized person, without regard to whether Water Conservation Fund and to remain avail- miscellaneous and emergency expenses of en- all moneys collected from each such action are able until expended. forcement activity, authorized or approved by used on the exact lands damaged which led to the Secretary and to be accounted for solely on OREGON AND CALIFORNIA GRANT LANDS the action: Provided further, That any such her certificate: Provided further, That of the For expenses necessary for management, pro- moneys that are in excess of amounts needed to amount provided for environmental contami- tection, and development of resources and for repair damage to the exact land for which funds nants, up to $1,000,000 may remain available construction, operation, and maintenance of ac- were collected may be used to repair other dam- until expended for contaminant sample anal- cess roads, reforestation, and other improve- aged public lands. yses. ments on the revested Oregon and California MISCELLANEOUS TRUST FUNDS CONSTRUCTION Railroad grant lands, on other Federal lands in In addition to amounts authorized to be ex- the Oregon and California land-grant counties For construction, improvement, acquisition, or pended under existing laws, there is hereby ap- of Oregon, and on adjacent rights-of-way; and removal of buildings and other facilities re- propriated such amounts as may be contributed acquisition of lands or interests therein, includ- quired in the conservation, management, inves- under section 307 of the Act of October 21, 1976 ing existing connecting roads on or adjacent to tigation, protection, and utilization of fishery (43 U.S.C. 1701), and such amounts as may be such grant lands; $106,672,000, to remain avail- and wildlife resources, and the acquisition of advanced for administrative costs, surveys, ap- able until expended: Provided, That 25 percent lands and interests therein; $53,285,000, to re- praisals, and costs of making conveyances of of the aggregate of all receipts during the cur- main available until expended. omitted lands under section 211(b) of that Act, rent fiscal year from the revested Oregon and LAND ACQUISITION to remain available until expended. California Railroad grant lands is hereby made For expenses necessary to carry out the Land a charge against the Oregon and California ADMINISTRATIVE PROVISIONS and Water Conservation Fund Act of 1965, as land-grant fund and shall be transferred to the Appropriations for the Bureau of Land Man- amended (16 U.S.C. 460l–4 through 11), includ- General Fund in the Treasury in accordance agement shall be available for purchase, erec- ing administrative expenses, and for acquisition

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12006 CONGRESSIONAL RECORD — SENATE September 25, 2003 of land or waters, or interest therein, in accord- the United States Virgin Islands, the Northern their primary purpose; and the maintenance ance with statutory authority applicable to the Mariana Islands, American Samoa, and feder- and improvement of aquaria, buildings, and United States Fish and Wildlife Service, ally recognized Indian tribes under the provi- other facilities under the jurisdiction of the $64,689,000, to be derived from the Land and sions of the Fish and Wildlife Act of 1956 and Service and to which the United States has title, Water Conservation Fund and to remain avail- the Fish and Wildlife Coordination Act, for the and which are used pursuant to law in connec- able until expended: Provided, That none of the development and implementation of programs tion with management, and investigation of fish funds appropriated for specific land acquisition for the benefit of wildlife and their habitat, in- and wildlife resources: Provided, That notwith- projects can be used to pay for any administra- cluding species that are not hunted or fished, standing 44 U.S.C. 501, the Service may, under tive overhead, planning or other management $75,000,000 to be derived from the Land and cooperative cost sharing and partnership ar- costs. Water Conservation Fund, and to remain avail- rangements authorized by law, procure printing LANDOWNER INCENTIVE PROGRAM able until expended: Provided, That of the services from cooperators in connection with For expenses necessary to carry out the Land amount provided herein, $5,000,000 is for a com- jointly produced publications for which the co- and Water Conservation Fund Act of 1965, as petitive grant program for Indian tribes not sub- operators share at least one-half the cost of amended (16 U.S.C. 460l–4 through 11), includ- ject to the remaining provisions of this appro- printing either in cash or services and the Serv- ing administrative expenses, and for private priation: Provided further, That the Secretary ice determines the cooperator is capable of meet- conservation efforts to be carried out on private shall, after deducting said $5,000,000 and admin- ing accepted quality standards: Provided fur- lands, $40,000,000, to be derived from the Land istrative expenses, apportion the amount pro- ther, That the Service may accept donated air- and Water Conservation Fund, to remain avail- vided herein in the following manner: (A) to the craft as replacements for existing aircraft: Pro- able until expended: Provided, That the amount District of Columbia and to the Commonwealth vided further, That notwithstanding any other provided herein is for a Landowner Incentive of Puerto Rico, each a sum equal to not more provision of law, the Secretary of the Interior Program established by the Secretary that pro- than one-half of 1 percent thereof; and (B) to may not spend any of the funds appropriated in vides matching, competitively awarded grants to Guam, American Samoa, the United States Vir- this Act for the purchase of lands or interests in States, the District of Columbia, Tribes, Puerto gin Islands, and the Commonwealth of the lands to be used in the establishment of any new Rico, Guam, the United States Virgin Islands, Northern Mariana Islands, each a sum equal to unit of the National Wildlife Refuge System un- the Northern Mariana Islands, and American not more than one-fourth of 1 percent thereof: less the purchase is approved in advance by the Samoa, to establish or supplement existing land- Provided further, That the Secretary shall ap- House and Senate Committees on Appropria- owner incentive programs that provide technical portion the remaining amount in the following tions in compliance with the reprogramming and financial assistance, including habitat pro- manner: (A) one-third of which is based on the procedures contained in Senate Report 105–56. tection and restoration, to private landowners ratio to which the land area of such State bears NATIONAL PARK SERVICE to the total land area of all such States; and (B) for the protection and management of habitat to OPERATION OF THE NATIONAL PARK SYSTEM benefit federally listed, proposed, candidate or two-thirds of which is based on the ratio to which the population of such State bears to the For expenses necessary for the management, other at-risk species on private lands. operation, and maintenance of areas and facili- STEWARDSHIP GRANTS total population of all such States: Provided further, That the amounts apportioned under ties administered by the National Park Service For expenses necessary to carry out the Land this paragraph shall be adjusted equitably so (including special road maintenance service to and Water Conservation Fund Act of 1965, as that no State shall be apportioned a sum which trucking permittees on a reimbursable basis), amended (16 U.S.C. 460l–4 through 11), includ- is less than 1 percent of the amount available and for the general administration of the Na- ing administrative expenses, and for private for apportionment under this paragraph for any tional Park Service, $1,636,299,000, of which, in conservation efforts to be carried out on private fiscal year or more than 5 percent of such accordance with the cooperative agreement en- lands, $10,000,000, to be derived from the Land amount: Provided further, That the Federal tered into between the National Park Service and Water Conservation Fund, to remain avail- share of planning grants shall not exceed 75 and the Oklahoma City National Memorial able until expended: Provided, That the amount percent of the total costs of such projects and Trust and numbered 1443CA125002001, $600,000 provided herein is for a Stewardship Grants the Federal share of implementation grants may be available for activities of the National Program established by the Secretary to provide shall not exceed 50 percent of the total costs of Park Service at the Oklahoma City National grants and other assistance to individuals and such projects: Provided further, That the non- Memorial and $1,600,000 may be available to the groups engaged in private conservation efforts Federal share of such projects may not be de- Oklahoma City National Memorial Trust, of that benefit federally listed, proposed, can- rived from Federal grant programs: Provided which $10,887,000 is for planning and inter- didate, or other at-risk species. further, That no State, territory, or other juris- agency coordination in support of Everglades COOPERATIVE ENDANGERED SPECIES diction shall receive a grant unless it has devel- restoration and shall remain available until ex- CONSERVATION FUND oped, or committed to develop by October 1, pended; of which $96,480,000, to remain avail- For expenses necessary to carry out section 6 2005, a comprehensive wildlife conservation able until September 30, 2005, is for mainte- of the Endangered Species Act of 1973 (16 U.S.C. plan, consistent with criteria established by the nance, repair or rehabilitation projects for con- 1531–1543), as amended, $86,614,000, of which Secretary of the Interior, that considers the structed assets, operation of the National Park $36,614,000 is to be derived from the Cooperative broad range of the State, territory, or other ju- Service automated facility management software Endangered Species Conservation Fund and risdiction’s wildlife and associated habitats, system, and comprehensive facility condition as- $50,000,000 is to be derived from the Land and with appropriate priority placed on those spe- sessments; and of which $2,000,000 is for the Water Conservation Fund, to remain available cies with the greatest conservation need and Youth Conservation Corps for high priority until expended. taking into consideration the relative level of projects: Provided further, That the only funds in this account which may be made available to NATIONAL WILDLIFE REFUGE FUND funding available for the conservation of those support United States Park Police are those For expenses necessary to implement the Act species: Provided further, That any amount ap- funds approved for emergency law and order in- of October 17, 1978 (16 U.S.C. 715s), $14,414,000. portioned in 2004 to any State, territory, or cidents pursuant to established National Park NORTH AMERICAN WETLANDS CONSERVATION FUND other jurisdiction that remains unobligated as of September 30, 2005, shall be reapportioned, to- Service procedures, those funds needed to main- For expenses necessary to carry out the provi- tain and repair United States Park Police ad- sions of the North American Wetlands Conserva- gether with funds appropriated in 2006, in the manner provided herein: Provided further, That ministrative facilities, and those funds nec- tion Act, Public Law 101–233, as amended, essary to reimburse the United States Park Po- $42,982,000, to remain available until expended. balances from amounts previously appropriated under the heading ‘‘State Wildlife Grants’’ shall lice account for the unbudgeted overtime and NEOTROPICAL MIGRATORY BIRD CONSERVATION be transferred to and merged with this appro- travel costs associated with special events for an For financial assistance for projects to pro- priation and shall remain available until ex- amount not to exceed $10,000 per event subject mote the conservation of neotropical migratory pended: Provided further, That up to 10 percent to the review and concurrence of the Wash- birds in accordance with the Neotropical Migra- of the funds received by any State under this ington headquarters office. tory Bird Conservation Act, Public Law 106–247 heading may be used for wildlife conservation UNITED STATES PARK POLICE (16 U.S.C. 6101–6109), $3,000,000, to remain avail- education and outreach efforts that contribute For expenses necessary to carry out the pro- able until expended. significantly to the conservation of wildlife spe- grams of the United States Park Police, MULTINATIONAL SPECIES CONSERVATION FUND cies or wildlife habitat. $78,349,000. For expenses necessary to carry out the Afri- ADMINISTRATIVE PROVISIONS NATIONAL RECREATION AND PRESERVATION can Elephant Conservation Act (16 U.S.C. 4201– Appropriations and funds available to the For expenses necessary to carry out recreation 4203, 4211–4213, 4221–4225, 4241–4245, and 1538), United States Fish and Wildlife Service shall be programs, natural programs, cultural programs, the Asian Elephant Conservation Act of 1997 available for purchase of not to exceed 157 pas- heritage partnership programs, environmental (Public Law 105–96; 16 U.S.C. 4261–4266), the senger motor vehicles, of which 142 are for re- compliance and review, international park af- Rhinoceros and Tiger Conservation Act of 1994 placement only (including 33 for police-type fairs, statutory or contractual aid for other ac- (16 U.S.C. 5301–5306), and the Great Ape Con- use); repair of damage to public roads within tivities, and grant administration, not otherwise servation Act of 2000 (16 U.S.C. 6301), $6,000,000, and adjacent to reservation areas caused by op- provided for, $60,154,000, of which $175,000 may to remain available until expended. erations of the Service; options for the purchase be available for activities to commemorate the STATE AND TRIBAL WILDLIFE GRANTS of land at not to exceed $1 for each option; fa- Louisiana Purchase at the Jean Lafitte Na- For wildlife conservation grants to States and cilities incident to such public recreational uses tional Historical Park and Preserve in the State to the District of Columbia, Puerto Rico, Guam, on conservation areas as are consistent with of Louisiana.

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URBAN PARK AND RECREATION FUND LAND AND WATER CONSERVATION FUND censees; administer the minerals exploration For expenses necessary to carry out the provi- (RESCISSION) program (30 U.S.C. 641); and publish and dis- sions of the Urban Park and Recreation Recov- The contract authority provided for fiscal seminate data relative to the foregoing activi- ery Act of 1978 (16 U.S.C. 2501 et seq.), $305,000, year 2004 by 16 U.S.C. 4601–10a is rescinded. ties; and to conduct inquiries into the economic conditions affecting mining and materials proc- to remain available until expended. LAND ACQUISITION AND STATE ASSISTANCE essing industries (30 U.S.C. 3, 21a, and 1603; 50 HISTORIC PRESERVATION FUND For expenses necessary to carry out the Land For expenses necessary in carrying out the U.S.C. 98g(1)) and related purposes as author- and Water Conservation Act of 1965, as amend- ized by law and to publish and disseminate Historic Preservation Act of 1966, as amended ed (16 U.S.C. 460l–4 through 11), including ad- (16 U.S.C. 470), and the Omnibus Parks and data; $928,864,000, of which $64,630,000 shall be ministrative expenses, and for acquisition of available only for cooperation with States or Public Lands Management Act of 1996 (Public lands or waters, or interest therein, in accord- Law 104–333), $75,750,000, to be derived from the municipalities for water resources investiga- ance with the statutory authority applicable to tions; and of which $15,499,000 shall remain Historic Preservation Fund, to remain available the National Park Service, $158,473,000, to be de- until September 30, 2005: Provided, That, of the available until expended for conducting inquir- rived from the Land and Water Conservation ies into the economic conditions affecting min- amount provided herein, $500,000, to remain Fund and to remain available until expended, of available until expended, is for a grant for the ing and materials processing industries; and of which $104,000,000 is for the State assistance which $250,000 may be available to improve seis- perpetual care and maintenance of National program including not to exceed $4,000,000 for Trust Historic Sites, as authorized under 16 mic monitoring and hazard assessment in the the administration of this program: Provided, Jackson Hole-Yellowstone area of Wyoming; U.S.C. 470a(e)(2), to be made available in full That none of the funds provided for the State upon signing of a grant agreement: Provided and of which $8,000,000 shall remain available assistance program may be used to establish a until expended for satellite operations; and of further, That, notwithstanding any other provi- contingency fund. sion of law, these funds shall be available for which $23,230,000 shall be available until Sep- ADMINISTRATIVE PROVISIONS investment with the proceeds to be used for the tember 30, 2005, for the operation and mainte- same purpose as set out herein: Provided fur- Appropriations for the National Park Service nance of facilities and deferred maintenance; of ther, That of the total amount provided, shall be available for the purchase of not to ex- which $169,580,000 shall be available until Sep- $32,000,000 shall be for Save America’s Treasures ceed 249 passenger motor vehicles, of which 202 tember 30, 2005, for the biological research activ- for priority preservation projects, of nationally shall be for replacement only, including not to ity and the operation of the Cooperative Re- significant sites, structures, and artifacts: Pro- exceed 193 for police-type use, 10 buses, and 8 search Units: Provided, That none of these vided further, That any individual Save Amer- ambulances: Provided, That none of the funds funds provided for the biological research activ- ica’s Treasures grant shall be matched by non- appropriated to the National Park Service may ity shall be used to conduct new surveys on pri- Federal funds: Provided further, That indi- be used to process any grant or contract docu- vate property, unless specifically authorized in vidual projects shall only be eligible for one ments which do not include the text of 18 U.S.C. writing by the property owner: Provided fur- grant, and all projects to be funded shall be ap- 1913: Provided further, That none of the funds ther, That no part of this appropriation shall be proved by the House and Senate Committees on appropriated to the National Park Service may used to pay more than one-half the cost of topo- Appropriations and the Secretary of the Interior be used to implement an agreement for the rede- graphic mapping or water resources data collec- in consultation with the President’s Committee velopment of the southern end of Ellis Island tion and investigations carried on in coopera- on the Arts and Humanities prior to the commit- until such agreement has been submitted to the tion with States and municipalities. ment of grant funds: Provided further, That Congress and shall not be implemented prior to ADMINISTRATIVE PROVISIONS Save America’s Treasures funds allocated for the expiration of 30 calendar days (not includ- The amount appropriated for the United Federal projects, following approval, shall be ing any day in which either House of Congress States Geological Survey shall be available for available by transfer to appropriate accounts of is not in session because of adjournment of more the purchase of not to exceed 53 passenger motor individual agencies. than 3 calendar days to a day certain) from the receipt by the Speaker of the House of Rep- vehicles, of which 48 are for replacement only; CONSTRUCTION reimbursement to the General Services Adminis- For construction, improvements, repair or re- resentatives and the President of the Senate of a full and comprehensive report on the develop- tration for security guard services; contracting placement of physical facilities, including the for the furnishing of topographic maps and for modifications authorized by section 104 of the ment of the southern end of Ellis Island, includ- ing the facts and circumstances relied upon in the making of geophysical or other specialized Everglades National Park Protection and Ex- surveys when it is administratively determined pansion Act of 1989, $342,131,000, to remain support of the proposed project: Provided fur- ther, That the National Park Service may make that such procedures are in the public interest; available until expended, of which $300,000 for construction and maintenance of necessary the L.Q.C. Lamar House National Historic a grant of not to exceed $70,000 for the construc- tion of a memorial in Cadillac, Michigan in buildings and appurtenant facilities; acquisition Landmark and $375,000 for the Sun Watch Na- of lands for gauging stations and observation tional Historic Landmark shall be derived from honor of Kris Eggle. None of the funds in this Act may be spent by wells; expenses of the United States National the Historic Preservation Fund pursuant to 16 Committee on Geology; and payment of com- U.S.C. 470a and of which $600,000 shall be avail- the National Park Service for activities taken in direct response to the United Nations Biodiver- pensation and expenses of persons on the rolls able for the planning and design of the Mesa of the Survey duly appointed to represent the Verde Cultural Center in the State of Colorado, sity Convention. The National Park Service may distribute to United States in the negotiation and adminis- and of which $50,000 shall be available for the operating units based on the safety record of tration of interstate compacts: Provided, That construction of a statue of Harry S Truman in each unit the costs of programs designed to im- activities funded by appropriations herein made Union Station in Kansas City, Missouri, and of prove workplace and employee safety, and to may be accomplished through the use of con- which $4,289,000 shall be available for the con- encourage employees receiving workers’ com- tracts, grants, or cooperative agreements as de- struction of a security fence for the Jefferson pensation benefits pursuant to chapter 81 of fined in 31 U.S.C. 6302 et seq. National Expansion Memorial in the State of title 5, United States Code, to return to appro- MINERALS MANAGEMENT SERVICE Missouri: Provided, That none of the funds in priate positions for which they are medically this or any other Act, may be used to pay the ROYALTY AND OFFSHORE MINERALS MANAGEMENT able. salaries and expenses of more than 160 Full For expenses necessary for minerals leasing Notwithstanding any other provision of law, Time Equivalent personnel working for the Na- and environmental studies, regulation of indus- in fiscal year 2004, with respect to the adminis- tional Park Service’s Denver Service Center try operations, and collection of royalties, as tration of the National Park Service park pass funded under the construction program manage- authorized by law; for enforcing laws and regu- program by the National Park Foundation, the ment and operations activity: Provided further, lations applicable to oil, gas, and other minerals Secretary may obligate to the Foundation ad- That none of the funds provided in this or any leases, permits, licenses and operating contracts; ministrative funds expected to be received in other Act may be used to pre-design, plan, or and for matching grants or cooperative agree- that fiscal year before the revenues are col- construct any new facility (including visitor ments; including the purchase of not to exceed lected, so long as total obligations in the admin- centers, curatorial facilities, administrative eight passenger motor vehicles for replacement istrative account do not exceed total revenue buildings), for which appropriations have not only, $166,016,000, of which $80,396,000 shall be collected and deposited in that account by the been specifically provided if the net construction available for royalty management activities; and end of the fiscal year. cost of such facility is in excess of $5,000,000, an amount not to exceed $100,230,000, to be cred- without prior approval of the House and Senate UNITED STATES GEOLOGICAL SURVEY ited to this appropriation and to remain avail- Committees on Appropriations: Provided fur- SURVEYS, INVESTIGATIONS, AND RESEARCH able until expended, from additions to receipts ther, That none of the funds provided in this or For expenses necessary for the United States resulting from increases to rates in effect on Au- any other Act may be used for planning, design, Geological Survey to perform surveys, investiga- gust 5, 1993, from rate increases to fee collec- or construction of any underground security tions, and research covering topography, geol- tions for Outer Continental Shelf administrative screening or visitor contact facility at the Wash- ogy, hydrology, biology, and the mineral and activities performed by the Minerals Manage- ington Monument until such facility has been water resources of the United States, its terri- ment Service (MMS) over and above the rates in approved in writing by the House and Senate tories and possessions, and other areas as au- effect on September 30, 1993, and from addi- Committees on Appropriations: Provided fur- thorized by 43 U.S.C. 31, 1332, and 1340; classify tional fees for Outer Continental Shelf adminis- ther, That this restriction applies to all funds lands as to their mineral and water resources; trative activities established after September 30, available to the National Park Service, includ- give engineering supervision to power permittees 1993: Provided, That to the extent $100,230,000 in ing partnership and fee demonstration projects. and Federal Energy Regulatory Commission li- additions to receipts are not realized from the

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12008 CONGRESSIONAL RECORD — SENATE September 25, 2003 sources of receipts stated above, the amount States will be $1,500,000 per State in fiscal year ministrative cost grants to tribes and tribal or- needed to reach $100,230,000 shall be credited to 2004: Provided further, That pursuant to Public ganizations that enter into grants for the oper- this appropriation from receipts resulting from Law 97–365, the Department of the Interior is ation on or after July 1, 2004 of Bureau-oper- rental rates for Outer Continental Shelf leases authorized to use up to 20 percent from the re- ated schools: Provided further, That any for- in effect before August 5, 1993: Provided further, covery of the delinquent debt owed to the estry funds allocated to a tribe which remain That $3,000,000 for computer acquisitions shall United States Government to pay for contracts unobligated as of September 30, 2005, may be remain available until September 30, 2005: Pro- to collect these debts: Provided further, That transferred during fiscal year 2006 to an Indian vided further, That funds appropriated under funds made available under title IV of Public forest land assistance account established for this Act shall be available for the payment of in- Law 95–87 may be used for any required non- the benefit of such tribe within the tribe’s trust terest in accordance with 30 U.S.C. 1721(b) and Federal share of the cost of projects funded by fund account: Provided further, That any such (d): Provided further, That not to exceed $3,000 the Federal Government for the purpose of envi- unobligated balances not so transferred shall ex- shall be available for reasonable expenses re- ronmental restoration related to treatment or pire on September 30, 2006: Provided further, lated to promoting volunteer beach and marine abatement of acid mine drainage from aban- That $48,115,000 shall be for operating grants for cleanup activities: Provided further, That not- doned mines: Provided further, That such Tribally Controlled Community Colleges, and withstanding any other provision of law, $15,000 projects must be consistent with the purposes $34,710,000 shall be for Information Resources under this heading shall be available for re- and priorities of the Surface Mining Control Technology. funds of overpayments in connection with cer- and Reclamation Act: Provided further, That CONSTRUCTION tain Indian leases in which the Director of MMS the State of Maryland may set aside the greater For construction, repair, improvement, and concurred with the claimed refund due, to pay of $1,000,000 or 10 percent of the total of the maintenance of irrigation and power systems, amounts owed to Indian allottees or tribes, or to grants made available to the State under title IV buildings, utilities, and other facilities, includ- correct prior unrecoverable erroneous payments: of the Surface Mining Control and Reclamation ing architectural and engineering services by Provided further, That MMS may under the Act of 1977, as amended (30 U.S.C. 1231 et seq.), contract; acquisition of lands, and interests in royalty-in-kind pilot program, or under its au- if the amount set aside is deposited in an acid lands; and preparation of lands for farming, thority to transfer oil to the Strategic Petroleum mine drainage abatement and treatment fund and for construction of the Navajo Indian Irri- Reserve, use a portion of the revenues from roy- established under a State law, pursuant to gation Project pursuant to Public Law 87–483, alty-in-kind sales, without regard to fiscal year which law the amount (together with all inter- $351,154,000, to remain available until expended: limitation, to pay for transportation to whole- est earned on the amount) is expended by the Provided, That such amounts as may be avail- sale market centers or upstream pooling points, State to undertake acid mine drainage abate- able for the construction of the Navajo Indian and to process or otherwise dispose of royalty ment and treatment projects, except that before Irrigation Project may be transferred to the Bu- production taken in kind, and to recover MMS any amounts greater than 10 percent of its title reau of Reclamation: Provided further, That not transportation costs, salaries, and other admin- IV grants are deposited in an acid mine drain- to exceed 6 percent of contract authority avail- istrative costs directly related to filling the Stra- age abatement and treatment fund, the State of able to the Bureau of Indian Affairs from the tegic Petroleum Reserve: Provided further, That Maryland must first complete all Surface Min- Federal Highway Trust Fund may be used to MMS shall analyze and document the expected ing Control and Reclamation Act priority one cover the road program management costs of the return in advance of any royalty-in-kind sales projects. Bureau: Provided further, That any funds pro- to assure to the maximum extent practicable BUREAU OF INDIAN AFFAIRS vided for the Safety of Dams program pursuant that royalty income under the pilot program is OPERATION OF INDIAN PROGRAMS to 25 U.S.C. 13 shall be made available on a equal to or greater than royalty income recog- For expenses necessary for the operation of nonreimbursable basis: Provided further, That nized under a comparable royalty-in-value pro- Indian programs, as authorized by law, includ- for fiscal year 2004, in implementing new con- gram. ing the Snyder Act of November 2, 1921 (25 struction or facilities improvement and repair project grants in excess of $100,000 that are pro- OIL SPILL RESEARCH U.S.C. 13), the Indian Self-Determination and vided to tribally controlled grant schools under For necessary expenses to carry out title I, Education Assistance Act of 1975 (25 U.S.C. 450 Public Law 100–297, as amended, the Secretary section 1016, title IV, sections 4202 and 4303, title et seq.), as amended, the Education Amend- of the Interior shall use the Administrative and ments of 1978 (25 U.S.C. 2001–2019), and the VII, and title VIII, section 8201 of the Oil Pollu- Audit Requirements and Cost Principles for As- Tribally Controlled Schools Act of 1988 (25 tion Act of 1990, $7,105,000, which shall be de- sistance Programs contained in 43 CFR part 12 U.S.C. 2501 et seq.), as amended, $1,912,178,000, rived from the Oil Spill Liability Trust Fund, to as the regulatory requirements: Provided fur- to remain available until September 30, 2005 ex- remain available until expended. ther, That such grants shall not be subject to cept as otherwise provided herein, of which not OFFICE OF SURFACE MINING RECLAMATION AND section 12.61 of 43 CFR; the Secretary and the to exceed $87,925,000 shall be for welfare assist- ENFORCEMENT grantee shall negotiate and determine a sched- ance payments and notwithstanding any other REGULATION AND TECHNOLOGY ule of payments for the work to be performed: provision of law, including but not limited to Provided further, That in considering applica- For necessary expenses to carry out the provi- the Indian Self-Determination Act of 1975, as sions of the Surface Mining Control and Rec- tions, the Secretary shall consider whether the amended, not to exceed $135,315,000 shall be Indian tribe or tribal organization would be de- lamation Act of 1977, Public Law 95–87, as available for payments to tribes and tribal orga- amended, including the purchase of not to ex- ficient in assuring that the construction projects nizations for contract support costs associated conform to applicable building standards and ceed 10 passenger motor vehicles, for replace- with ongoing contracts, grants, compacts, or an- ment only; $106,424,000: Provided, That the Sec- codes and Federal, tribal, or State health and nual funding agreements entered into with the safety standards as required by 25 U.S.C. retary of the Interior, pursuant to regulations, Bureau prior to or during fiscal year 2004, as may use directly or through grants to States, 2005(a), with respect to organizational and fi- authorized by such Act, except that tribes and nancial management capabilities: Provided fur- moneys collected in fiscal year 2004 for civil pen- tribal organizations may use their tribal priority alties assessed under section 518 of the Surface ther, That if the Secretary declines an applica- allocations for unmet indirect costs of ongoing tion, the Secretary shall follow the requirements Mining Control and Reclamation Act of 1977 (30 contracts, grants, or compacts, or annual fund- U.S.C. 1268), to reclaim lands adversely affected contained in 25 U.S.C. 2505(f): Provided further, ing agreements and for unmet welfare assistance That any disputes between the Secretary and by coal mining practices after August 3, 1977, to costs; and of which not to exceed $458,524,000 for remain available until expended: Provided fur- any grantee concerning a grant shall be subject school operations costs of Bureau-funded to the disputes provision in 25 U.S.C. 2508(e). ther, That appropriations for the Office of Sur- schools and other education programs shall be- INDIAN LAND AND WATER CLAIM SETTLEMENTS face Mining Reclamation and Enforcement may come available on July 1, 2004, and shall remain AND MISCELLANEOUS PAYMENTS TO INDIANS provide for the travel and per diem expenses of available until September 30, 2005; and of which State and tribal personnel attending Office of not to exceed $55,766,000 shall remain available For miscellaneous payments to Indian tribes Surface Mining Reclamation and Enforcement until expended for housing improvement, road and individuals and for necessary administra- sponsored training. maintenance, attorney fees, litigation support, tive expenses, $50,583,000, to remain available ABANDONED MINE RECLAMATION FUND the Indian Self-Determination Fund, land until expended; of which $31,766,000 shall be For necessary expenses to carry out title IV of records improvement, and the Navajo-Hopi Set- available for implementation of enacted Indian the Surface Mining Control and Reclamation tlement Program: Provided, That notwith- land and water claim settlements pursuant to Act of 1977, Public Law 95–87, as amended, in- standing any other provision of law, including Public Laws 101–618, 107–331, and 102–575, and cluding the purchase of not more than 10 pas- but not limited to the Indian Self-Determination for implementation of other enacted water rights senger motor vehicles for replacement only, Act of 1975, as amended, and 25 U.S.C. 2008, not settlements; and of which $18,817,000 shall be $190,893,000, to be derived from receipts of the to exceed $46,182,000 within and only from such available pursuant to Public Laws 99–264, 100– Abandoned Mine Reclamation Fund and to re- amounts made available for school operations 580, 106–425, and 106–554. main available until expended; of which up to shall be available to tribes and tribal organiza- INDIAN GUARANTEED LOAN PROGRAM ACCOUNT $10,000,000, to be derived from the Federal Ex- tions for administrative cost grants associated For the cost of guaranteed and insured loans, penses Share of the Fund, shall be for supple- with ongoing grants entered into with the Bu- $5,797,000, as authorized by the Indian Financ- mental grants to States for the reclamation of reau prior to or during fiscal year 2003 for the ing Act of 1974, as amended: Provided, That abandoned sites with acid mine rock drainage operation of Bureau-funded schools, and up to such costs, including the cost of modifying such from coal mines, and for associated activities, $3,000,000 within and only from such amounts loans, shall be as defined in section 502 of the through the Appalachian Clean Streams Initia- made available for school operations shall be Congressional Budget Act of 1974: Provided fur- tive: Provided, That grants to minimum program available for the transitional costs of initial ad- ther, That these funds are available to subsidize

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total loan principal, any part of which is to be DEPARTMENTAL OFFICES to become available for obligation only upon en- guaranteed, not to exceed $94,568,000. INSULAR AFFAIRS actment of proposed legislation to approve the amended Compacts of Free Association as iden- In addition, for administrative expenses to ASSISTANCE TO TERRITORIES tified in the President’s fiscal year 2004 budget: carry out the guaranteed and insured loan pro- For expenses necessary for assistance to terri- grams, $700,000. Provided, That for purposes of assistance as tories under the jurisdiction of the Department provided pursuant to this appropriation, the ef- ADMINISTRATIVE PROVISIONS of the Interior, $71,343,000, of which: (1) fective dates of the amended Compacts of Free $65,022,000 shall be available until expended for Association shall be October 1, 2003. The Bureau of Indian Affairs may carry out technical assistance, including maintenance as- DEPARTMENTAL MANAGEMENT the operation of Indian programs by direct ex- sistance, disaster assistance, insular manage- penditure, contracts, cooperative agreements, ment controls, coral reef initiative activities, SALARIES AND EXPENSES compacts and grants, either directly or in co- and brown tree snake control and research; For necessary expenses for management of the operation with States and other organizations. grants to the judiciary in American Samoa for Department of the Interior, $78,433,000, of which not to exceed $8,500 may be for official reception Notwithstanding 25 U.S.C. 15, the Bureau of compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the Govern- and representation expenses, and of which up to Indian Affairs may contract for services in sup- ment of American Samoa, in addition to current $1,000,000 shall be available for workers com- port of the management, operation, and mainte- local revenues, for construction and support of pensation payments and unemployment com- nance of the Power Division of the San Carlos governmental functions; grants to the Govern- pensation payments associated with the orderly Irrigation Project. ment of the Virgin Islands as authorized by law; closure of the United States Bureau of Mines: Appropriations for the Bureau of Indian Af- grants to the Government of Guam, as author- Provided, That of this amount, sufficient funds fairs (except the revolving fund for loans, the ized by law; and grants to the Government of may be available for the Secretary of the Inte- Indian loan guarantee and insurance fund, and the Northern Mariana Islands as authorized by rior, not later than 60 days after the last day of the Indian Guaranteed Loan Program account) law (Public Law 94–241; 90 Stat. 272); and (2) the fiscal year, to submit to Congress a report on shall be available for expenses of exhibits, and $6,321,000 shall be available for salaries and ex- the amount of acquisitions made by the Depart- purchase of not to exceed 229 passenger motor penses of the Office of Insular Affairs: Provided, ment of the Interior during such fiscal year of vehicles, of which not to exceed 187 shall be for That all financial transactions of the territorial articles, materials, or supplies that were manu- replacement only. and local governments herein provided for, in- factured outside the United States. Such report Notwithstanding any other provision of law, cluding such transactions of all agencies or in- shall separately indicate the dollar value of any no funds available to the Bureau of Indian Af- strumentalities established or used by such gov- articles, materials, or supplies purchased by the fairs for central office operations or pooled over- ernments, may be audited by the General Ac- Department of the Interior that were manufac- head general administration (except facilities counting Office, at its discretion, in accordance tured outside the United States, an itemized list operations and maintenance) shall be available with chapter 35 of title 31, United States Code: of all waivers under the Buy American Act (41 for tribal contracts, grants, compacts, or cooper- Provided further, That Northern Mariana Is- U.S.C. 10a et seq.) that were granted with re- ative agreements with the Bureau of Indian Af- lands Covenant grant funding shall be provided spect to such articles, materials, or supplies, and fairs under the provisions of the Indian Self-De- according to those terms of the Agreement of the a summary of total procurement funds spent on termination Act or the Tribal Self-Governance Special Representatives on Future United States goods manufactured in the United States versus Act of 1994 (Public Law 103–413). Financial Assistance for the Northern Mariana funds spent on goods manufactured outside of Islands approved by Public Law 104–134: Pro- the United States. The Secretary of the Interior In the event any tribe returns appropriations vided further, That of the amounts provided for shall make the report publicly available by post- made available by this Act to the Bureau of In- technical assistance, sufficient funding shall be ing the report on an Internet website. dian Affairs for distribution to other tribes, this made available for a grant to the Close Up Of the unobligated balances in the Special action shall not diminish the Federal Govern- Foundation: Provided further, That the funds Foreign Currency account, $1,400,000 are hereby ment’s trust responsibility to that tribe, or the for the program of operations and maintenance canceled. government-to-government relationship between improvement are appropriated to institutionalize WORKING CAPITAL FUND the United States and that tribe, or that tribe’s routine operations and maintenance improve- For the acquisition of a departmental finan- ability to access future appropriations. ment of capital infrastructure with territorial cial and business management system, Notwithstanding any other provision of law, participation and cost sharing to be determined $11,700,000, to remain available until expended: no funds available to the Bureau, other than by the Secretary based on the grantee’s commit- Provided, That from unobligated balances under the amounts provided herein for assistance to ment to timely maintenance of its capital assets: this heading, $11,700,000 are hereby canceled. public schools under 25 U.S.C. 452 et seq., shall Provided further, That any appropriation for PAYMENTS IN LIEU OF TAXES disaster assistance under this heading in this be available to support the operation of any ele- For expenses necessary to implement the Act Act or previous appropriations Acts may be used mentary or secondary school in the State of of October 20, 1976, as amended (31 U.S.C. 6901– as non-Federal matching funds for the purpose Alaska. 6907), $230,000,000, of which not to exceed of hazard mitigation grants provided pursuant Appropriations made available in this or any $400,000 shall be available for administrative ex- to section 404 of the Robert T. Stafford Disaster other Act for schools funded by the Bureau penses: Provided, That no payment shall be Relief and Emergency Assistance Act (42 U.S.C. shall be available only to the schools in the Bu- made to otherwise eligible units of local govern- 5170c). reau school system as of September 1, 1996. No ment if the computed amount of the payment is funds available to the Bureau shall be used to COMPACT OF FREE ASSOCIATION less than $100. support expanded grades for any school or dor- For grants and necessary expenses, $6,125,000, OFFICE OF THE SOLICITOR mitory beyond the grade structure in place or as provided for in sections 221(a)(2), 221(b), and SALARIES AND EXPENSES approved by the Secretary of the Interior at 233 of the Compact of Free Association for the each school in the Bureau school system as of Republic of Palau, section 103(h)(2) of the Com- For necessary expenses of the Office of the So- October 1, 1995. Funds made available under pact of Free Association Act of 1985, and section licitor, $50,179,000. this Act may not be used to establish a charter 221(a)(2) of the Amended Compacts of Free Asso- OFFICE OF INSPECTOR GENERAL school at a Bureau-funded school (as that term ciation for the Federated States of Micronesia SALARIES AND EXPENSES is defined in section 1146 of the Education and the Republic of the Marshall Islands, to re- For necessary expenses of the Office of In- Amendments of 1978 (25 U.S.C. 2026)), except main available until expended. spector General, $37,474,000, of which $3,812,000 that a charter school that is in existence on the For grants and necessary expenses as pro- shall be for procurement by contract of inde- date of the enactment of this Act and that has vided for in sections 211, 212, 213, and 218 of the pendent auditing services to audit the consoli- operated at a Bureau-funded school before Sep- Amended Compact of Free Association for the dated Department of the Interior annual finan- tember 1, 1999, may continue to operate during Republic of the Marshall Islands and as pro- cial statement and the annual financial state- that period, but only if the charter school pays vided for in sections 211, 212, and 217 of the ment of the Department of the Interior bureaus to the Bureau a pro rata share of funds to reim- Amended Compact of Free Association for the and offices funded in this Act. burse the Bureau for the use of the real and per- Federated States of Micronesia, all sums that OFFICE OF SPECIAL TRUSTEE FOR AMERICAN sonal property (including buses and vans), the are or may be required in this and subsequent INDIANS funds of the charter school are kept separate years are appropriated, to remain available and apart from Bureau funds, and the Bureau until expended, and shall be drawn from the FEDERAL TRUST PROGRAMS does not assume any obligation for charter Treasury, to become available for obligation For operation of trust programs for Indians by school programs of the State in which the school only upon enactment of proposed legislation to direct expenditure, contracts, cooperative agree- is located if the charter school loses such fund- approve the amended Compacts of Free Associa- ments, compacts, and grants, $219,641,000, of ing. Employees of Bureau-funded schools shar- tion as identified in the President’s fiscal year which $75,000,000 shall be available for histor- ing a campus with a charter school and per- 2004 budget. ical accounting, to remain available until ex- forming functions related to the charter school’s For grants and necessary expenses, pended: Provided, That funds for trust manage- operation and employees of a charter school $15,000,000, for impact of the Compacts on cer- ment improvements and litigation support may, shall not be treated as Federal employees for tain U.S. areas in this and subsequent years are as needed, be transferred to or merged with the purposes of chapter 171 of title 28, United States appropriated, to remain available until ex- Bureau of Indian Affairs, ‘‘Operation of Indian Code. pended, and shall be drawn from the Treasury, Programs’’ account; the Office of the Solicitor,

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12010 CONGRESSIONAL RECORD — SENATE September 25, 2003 ‘‘Salaries and Expenses’’ account; and the De- ment damaged or destroyed by fire, flood, storm, in the field, when authorized under regulations partmental Management, ‘‘Salaries and Ex- or other unavoidable causes: Provided, That no approved by the Secretary; and the payment of penses’’ account: Provided further, That funds funds shall be made available under this au- dues, when authorized by the Secretary, for li- made available to Tribes and Tribal organiza- thority until funds specifically made available brary membership in societies or associations tions through contracts or grants obligated dur- to the Department of the Interior for emer- which issue publications to members only or at ing fiscal year 2004, as authorized by the Indian gencies shall have been exhausted: Provided a price to members lower than to subscribers Self-Determination Act of 1975 (25 U.S.C. 450 et further, That all funds used pursuant to this who are not members. seq.), shall remain available until expended by section are hereby designated by Congress to be SEC. 105. Appropriations available to the De- the contractor or grantee: Provided further, ‘‘emergency requirements’’ pursuant to section partment of the Interior for salaries and ex- That notwithstanding any other provision of 502 of H. Con. Res. 95, the concurrent resolution penses shall be available for uniforms or allow- law, the statute of limitations shall not com- on the budget for fiscal year 2004, and must be ances therefor, as authorized by law (5 U.S.C. mence to run on any claim, including any claim replenished by a supplemental appropriation 5901–5902 and D.C. Code 4–204). in litigation pending on the date of the enact- which must be requested as promptly as pos- SEC. 106. Annual appropriations made in this ment of this Act, concerning losses to or mis- sible. title shall be available for obligation in connec- management of trust funds, until the affected SEC. 102. The Secretary may authorize the ex- tion with contracts issued for services or rentals tribe or individual Indian has been furnished penditure or transfer of any no year appropria- for periods not in excess of 12 months beginning with an accounting of such funds from which tion in this title, in addition to the amounts in- at any time during the fiscal year. SEC. 107. No funds provided in this title may the beneficiary can determine whether there has cluded in the budget programs of the several be expended by the Department of the Interior been a loss: Provided further, That notwith- agencies, for the suppression or emergency pre- for the conduct of offshore preleasing, leasing standing any other provision of law, the Sec- vention of wildland fires on or threatening and related activities placed under restriction in retary shall not be required to provide a quar- lands under the jurisdiction of the Department the President’s moratorium statement of June terly statement of performance for any Indian of the Interior; for the emergency rehabilitation 12, 1998, in the areas of northern, central, and trust account that has not had activity for at of burned-over lands under its jurisdiction; for southern California; the North Atlantic; Wash- least 18 months and has a balance of $1.00 or emergency actions related to potential or actual earthquakes, floods, volcanoes, storms, or other ington and Oregon; and the eastern Gulf of less: Provided further, That the Secretary shall Mexico south of 26 degrees north latitude and issue an annual account statement and main- unavoidable causes; for contingency planning subsequent to actual oil spills; for response and east of 86 degrees west longitude. tain a record of any such accounts and shall SEC. 108. No funds provided in this title may permit the balance in each such account to be natural resource damage assessment activities related to actual oil spills; for the prevention, be expended by the Department of the Interior withdrawn upon the express written request of suppression, and control of actual or potential to conduct offshore oil and natural gas the account holder: Provided further, That not grasshopper and Mormon cricket outbreaks on preleasing, leasing and related activities in the to exceed $50,000 is available for the Secretary to lands under the jurisdiction of the Secretary, eastern Gulf of Mexico planning area for any make payments to correct administrative errors pursuant to the authority in section 1773(b) of lands located outside Sale 181, as identified in of either disbursements from or deposits to Indi- Public Law 99–198 (99 Stat. 1658); for emergency the final Outer Continental Shelf 5-Year Oil vidual Indian Money or Tribal accounts after reclamation projects under section 410 of Public and Gas Leasing Program, 1997–2002. September 30, 2002: Provided further, That erro- Law 95–87; and shall transfer, from any no year SEC. 109. No funds provided in this title may neous payments that are recovered shall be funds available to the Office of Surface Mining be expended by the Department of the Interior credited to and remain available in this account Reclamation and Enforcement, such funds as to conduct oil and natural gas preleasing, leas- for this purpose. may be necessary to permit assumption of regu- ing and related activities in the Mid-Atlantic INDIAN LAND CONSOLIDATION latory authority in the event a primacy State is and South Atlantic planning areas. SEC. 110. Notwithstanding any other provi- For consolidation of fractional interests in In- not carrying out the regulatory provisions of the sions of law, the National Park Service shall not dian lands and expenses associated with rede- Surface Mining Act: Provided, That appropria- develop or implement a reduced entrance fee tions made in this title for wildland fire oper- termining and redistributing escheated interests program to accommodate non-local travel ations shall be available for the payment of obli- in allotted lands, and for necessary expenses to through a unit. The Secretary may provide for gations incurred during the preceding fiscal carry out the Indian Land Consolidation Act of and regulate local non-recreational passage year, and for reimbursement to other Federal 1983, as amended, by direct expenditure or coop- through units of the National Park System, al- erative agreement, $22,980,000, to remain avail- agencies for destruction of vehicles, aircraft, or lowing each unit to develop guidelines and per- able until expended. other equipment in connection with their use for mits for such activity appropriate to that unit. NATURAL RESOURCE DAMAGE ASSESSMENT AND wildland fire operations, such reimbursement to SEC. 111. Advance payments made under this RESTORATION be credited to appropriations currently available title to Indian tribes, tribal organizations, and at the time of receipt thereof: Provided further, NATURAL RESOURCE DAMAGE ASSESSMENT FUND tribal consortia pursuant to the Indian Self-De- That for wildland fire operations, no funds termination and Education Assistance Act (25 To conduct natural resource damage assess- shall be made available under this authority U.S.C. 450 et seq.) or the Tribally Controlled ment and restoration activities by the Depart- until the Secretary determines that funds appro- Schools Act of 1988 (25 U.S.C. 2501 et seq.) may ment of the Interior necessary to carry out the priated for ‘‘wildland fire operations’’ shall be be invested by the Indian tribe, tribal organiza- provisions of the Comprehensive Environmental exhausted within 30 days: Provided further, tion, or consortium before such funds are ex- Response, Compensation, and Liability Act, as That all funds used pursuant to this section are pended for the purposes of the grant, compact, amended (42 U.S.C. 9601 et seq.), Federal Water hereby designated by Congress to be ‘‘emergency or annual funding agreement so long as such Pollution Control Act, as amended (33 U.S.C. requirements’’ pursuant to section 502 of H. funds are— 1251 et seq.), the Oil Pollution Act of 1990 (Pub- Con. Res. 95, the concurrent resolution on the (1) invested by the Indian tribe, tribal organi- lic Law 101–380) (33 U.S.C. 2701 et seq.), and budget for fiscal year 2004, and must be replen- zation, or consortium only in obligations of the Public Law 101–337, as amended (16 U.S.C. 19jj ished by a supplemental appropriation which United States, or in obligations or securities that et seq.), $5,633,000, to remain available until ex- must be requested as promptly as possible: Pro- are guaranteed or insured by the United States, pended. vided further, That such replenishment funds or mutual (or other) funds registered with the ADMINISTRATIVE PROVISIONS shall be used to reimburse, on a pro rata basis, Securities and Exchange Commission and which There is hereby authorized for acquisition accounts from which emergency funds were only invest in obligations of the United States or from available resources within the Working transferred. securities that are guaranteed or insured by the Capital Fund, 15 aircraft, 10 of which shall be SEC. 103. Appropriations made in this title United States; or for replacement and which may be obtained by shall be available for operation of warehouses, (2) deposited only into accounts that are in- donation, purchase or through available excess garages, shops, and similar facilities, wherever sured by an agency or instrumentality of the surplus property: Provided, That existing air- consolidation of activities will contribute to effi- United States, or are fully collateralized to en- craft being replaced may be sold, with proceeds ciency or economy, and said appropriations sure protection of the funds, even in the event derived or trade-in value used to offset the pur- shall be reimbursed for services rendered to any of a bank failure. chase price for the replacement aircraft: Pro- other activity in the same manner as authorized SEC. 112. Appropriations made in this Act vided further, That no programs funded with by sections 1535 and 1536 of title 31, United under the headings Bureau of Indian Affairs appropriated funds in the ‘‘Departmental Man- States Code: Provided, That reimbursements for and Office of Special Trustee for American Indi- agement’’, ‘‘Office of the Solicitor’’, and ‘‘Office costs and supplies, materials, equipment, and ans and any available unobligated balances of Inspector General’’ may be augmented for services rendered may be credited to the ap- from prior appropriations Acts made under the through the Working Capital Fund. propriation current at the time such reimburse- same headings, shall be available for expendi- ments are received. ture or transfer for Indian trust management GENERAL PROVISIONS, DEPARTMENT OF SEC. 104. Appropriations made to the Depart- and reform activities. THE INTERIOR ment of the Interior in this title shall be avail- SEC. 113. Notwithstanding any other provision SEC. 101. Appropriations made in this title able for services as authorized by 5 U.S.C. 3109, of law, for the purpose of reducing the backlog shall be available for expenditure or transfer when authorized by the Secretary, in total of Indian probate cases in the Department of (within each bureau or office), with the ap- amount not to exceed $500,000; hire, mainte- the Interior, the hearing requirements of chap- proval of the Secretary, for the emergency re- nance, and operation of aircraft; hire of pas- ter 10 of title 25, United States Code, are deemed construction, replacement, or repair of aircraft, senger motor vehicles; purchase of reprints; pay- satisfied by a proceeding conducted by an In- buildings, utilities, or other facilities or equip- ment for telephone service in private residences dian probate judge, appointed by the Secretary

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without regard to the provisions of title 5, SEC. 122. Of the funds made available under retary of the Interior shall transfer to the State United States Code, governing the appointments the heading ‘‘Bureau of Land Management, of Utah all right, title, and interest of the in the competitive service, for such period of Land Acquisition’’ in title I of the Department United States in and to the Wilcox Ranch lands time as the Secretary determines necessary: Pro- of the Interior and Related Agencies Appropria- acquired under section 2(b) of Public Law 105– vided, That the basic pay of an Indian probate tion Act, 2002 (115 Stat. 420), the Secretary of 363, for management by the Utah Division of judge so appointed may be fixed by the Sec- the Interior shall grant $500,000 to the City of Wildlife Resources for wildlife habitat and pub- retary without regard to the provisions of chap- St. George, Utah, for the purchase of the land lic access. ter 51, and subchapter III of chapter 53 of title as provided in the Virgin River Dinosaur Foot- SEC. 132. Upon enactment of this Act, the 5, United States Code, governing the classifica- print Preserve Act (116 Stat. 2896), with any sur- Congaree Swamp National Monument shall be tion and pay of General Schedule employees, ex- plus funds available after the purchase to be designated the Congaree National Park. cept that no such Indian probate judge may be available for the purpose of the preservation of SEC. 133. The Secretary shall have no more paid at a level which exceeds the maximum rate the land and the paleontological resources on than one hundred and eighty days from October payable for the highest grade of the General the land. 1, 2003, to prepare and submit to the Congress, Schedule, including locality pay. SEC. 123. Funds provided in this Act for Fed- in a manner otherwise consistent with the In- SEC. 114. Notwithstanding any other provision eral land acquisition by the National Park Serv- dian Tribal Judgment Funds Use or Distribution of law, the Secretary of the Interior is author- ice for the Ice Age National Scenic Trail may be Act (25 U.S.C. 1401 et seq.), plans for the use ized to redistribute any Tribal Priority Alloca- used for a grant to a State, a local government, and distribution of the Mescalero Apache tion funds, including tribal base funds, to al- or any other governmental land management Tribe’s Judgment Funds from Docket 92–403L, leviate tribal funding inequities by transferring entity for the acquisition of lands without re- the Pueblo of Isleta’s Judgment Funds from funds to address identified, unmet needs, dual gard to any restriction on the use of Federal Docket 98–166L, and the Assiniboine and Sioux enrollment, overlapping service areas or inac- land acquisition funds provided through the Tribes of the Fort Peck Reservation’s Judgment curate distribution methodologies. No tribe shall Land and Water Conservation Fund Act of 1965 Funds in Docket No. 773–87–L of the United receive a reduction in Tribal Priority Allocation as amended. States Court of Federal Claims; each plan shall funds of more than 10 percent in fiscal year SEC. 124. None of the funds made available by become effective upon the expiration of a sixty 2004. Under circumstances of dual enrollment, this Act may be obligated or expended by the day period beginning on the day each plan is overlapping service areas or inaccurate distribu- National Park Service to enter into or implement submitted to the Congress. tion methodologies, the 10 percent limitation a concession contract which permits or requires SEC. 134. Notwithstanding any implementa- does not apply. the removal of the underground lunchroom at tion of the Department of the Interior’s trust re- SEC. 115. Funds appropriated for the Bureau the Carlsbad Caverns National Park. organization plan within fiscal years 2003 or of Indian Affairs for postsecondary schools for SEC. 125. The Secretary of the Interior may 2004, funds appropriated for fiscal year 2004 fiscal year 2004 shall be allocated among the use discretionary funds to pay private attorneys shall be available to the tribes within the Cali- schools proportionate to the unmet need of the fees and costs for employees and former employ- fornia Tribal Trust Reform Consortium and to schools as determined by the Postsecondary ees of the Department of the Interior reasonably the Salt River Pima Maricopa Indian Commu- Funding Formula adopted by the Office of In- incurred in connection with Cobell v. Norton to nity, the Confederated Salish-Kootenai Tribes of dian Education Programs. the extent that such fees and costs are not paid the Flathead Reservation and the Chippewa SEC. 116. (a) The Secretary of the Interior by the Department of Justice or by private in- Cree Tribe of the Rocky Boys Reservation and shall hereafter take such action as may be nec- surance. In no case shall the Secretary make the Bureau of Indian Affairs Regional offices essary to ensure that the lands comprising the payments under this section that would result that serve them, on the same basis as funds were Huron Cemetery in Kansas City, Kansas (as de- in payment of hourly fees in excess of the high- scribed in section 123 of Public Law 106–291) are distributed in fiscal year 2003. The Demonstra- est hourly rate approved by the District Court used only in accordance with this section. tion Project shall operate separate and apart (b) The lands of the Huron Cemetery shall be for the District of Columbia for counsel in Cobell from the Department of the Interior’s trust re- used only: (1) for religious and cultural uses v. Norton. form reorganization, and the Department shall SEC. 126. The United States Fish and Wildlife that are compatible with the use of the lands as not impose its trust management infrastructure Service shall, in carrying out its responsibilities a cemetery; and (2) as a burial ground. upon or alter the existing trust resource man- SEC. 117. Notwithstanding any other provision to protect threatened and endangered species of agement systems of the California Trust Reform of law, in conveying the Twin Cities Research salmon, implement a system of mass marking of Consortium and any other participating tribe Center under the authority provided by Public salmonid stocks, intended for harvest, that are having a self-governance compact and operating Law 104–134, as amended by Public Law 104– released from Federally operated or Federally fi- in accordance with the Tribal Self-Governance 208, the Secretary may accept and retain land nanced hatcheries including but not limited to Program set forth in 25 U.S.C. Sections 458aa– and other forms of reimbursement: Provided, fish releases of coho, chinook, and steelhead 458hh. That the Secretary may retain and use any such species. Marked fish must have a visible mark SEC. 135. Not later than December 31 of each reimbursement until expended and without fur- that can be readily identified by commercial and year, the Secretary of the Interior shall submit ther appropriation: (1) for the benefit of the Na- recreational fishers. to Congress a report on the competitive sourcing tional Wildlife Refuge System within the State SEC. 127. Section 134 of Public Law 107–63 (115 activities on the list required under the Federal of Minnesota; and (2) for all activities author- Stat. 442–443) is amended by striking the proviso Activities Inventory Reform Act of 1998 (Public ized by Public Law 100–696; 16 U.S.C. 460zz. thereto and inserting the following: ‘‘Provided, Law 105-270; 31 U.S.C. 501 note) that were per- SEC. 118. Notwithstanding other provisions of That nothing in this section affects the decision formed for the Department of the Interior dur- law, the National Park Service may authorize, of the United States Court of Appeals for the ing the previous fiscal year by Federal Govern- through cooperative agreement, the Golden Gate 10th Circuit in Sac and Fox Nation v. Norton, ment sources. The report shall include— National Parks Association to provide fee-based 240 F.3d 1250 (2001): Provided further, That (1) the total number of competitions com- education, interpretive and visitor service func- nothing in this section permits the conduct of pleted; tions within the Crissy Field and Fort Point gaming under the Indian Gaming Regulatory (2) the total number of competitions an- areas of the Presidio. Act (25 U.S.C. 2701 et seq.) on land described in nounced, together with a list of the activities SEC. 119. Notwithstanding 31 U.S.C. 3302(b), section 123 of Public Law 106–291 (114 Stat. 944– covered by such competitions; sums received by the Bureau of Land Manage- 945), or land that is contiguous to that land, re- (3) the total number of full-time equivalent ment for the sale of seeds or seedlings including gardless of whether the land or contiguous land Federal employees studied under completed com- those collected in fiscal year 2003, may be cred- has been taken into trust by the Secretary of the petitions; ited to the appropriation from which funds were Interior.’’. (4) the total number of full-time equivalent expended to acquire or grow the seeds or seed- SEC. 128. No funds appropriated for the De- Federal employees being ––studied under com- lings and are available without fiscal year limi- partment of the Interior by this Act or any other petitions announced, but not completed; tation. Act shall be used to study or implement any (5) the incremental cost directly attributable SEC. 120. Subject to the terms and conditions plan to drain Lake Powell or to reduce the to conducting the competitions identified under of section 126 of the Department of the Interior water level of the lake below the range of water paragraphs (1) and (2), including costs attrib- and Related Agencies Act, 2002, the Adminis- levels required for the operation of the Glen utable to paying outside consultants and con- trator of General Services shall sell all right, Canyon Dam. tractors; title, and interest of the United States in and to SEC. 129. Notwithstanding the limitation in (6) an estimate of the total anticipated sav- the improvements and equipment of the White subparagraph (2)(B) of section 18(a) of the In- ings, or a quantifiable ––description of improve- River Oil Shale Mine. dian Gaming Regulatory Act (25 U.S.C. 2717(a)), ments in service or performance, derived from SEC. 121. The Secretary of the Interior may the total amount of all fees imposed by the Na- completed competitions; use or contract for the use of helicopters or tional Indian Gaming Commission for fiscal year (7) actual savings, or a quantifiable descrip- motor vehicles on the Sheldon and Hart Na- 2005 shall not exceed $12,000,000. tion of improvements in ––service or perform- tional Wildlife Refuges for the purpose of cap- SEC. 130. None of the funds in this Act may be ance, derived from the implementation of com- turing and transporting horses and burros. The used to fund Cooperative Ecosystem Studies petitions completed after May 29, 2003; provisions of subsection (a) of the Act of Sep- Units in the State of Alaska. (8) the total projected number of full time tember 8, 1959 (18 U.S.C. 47(a)) shall not be ap- SEC. 131. The State of Utah’s contribution re- equivalent Federal employees covered by com- plicable to such use. Such use shall be in ac- quirement pursuant to Public Law 105–363 shall petitions scheduled to be announced in the fis- cordance with humane procedures prescribed by be deemed to have been satisfied and within cal year covered by the next report required the Secretary. thirty days of enactment of this Act, the Sec- under this section; and

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12012 CONGRESSIONAL RECORD — SENATE September 25, 2003 (9) a general description of how the competi- ance to States, territories, possessions, and oth- for judgment liabilities previously incurred, tive sourcing decisionmaking processes of the ers, and for forest health management, includ- $188,405,000. Department of the Interior are aligned with the ing treatments of pests, pathogens, and invasive WILDLAND FIRE MANAGEMENT strategic workforce plan of that department. or noxious plants, and for restoring and reha- For necessary expenses for forest fire SEC. 136. (a) PAYMENT TO THE HARRIET TUB- bilitating forests damaged by pests or invasive presuppression activities on National Forest MAN HOME, AUBURN, NEW YORK, AUTHORIZED.— plants, cooperative forestry, and education and System lands, for emergency fire suppression on (1) The Secretary of the Interior may, using land conservation activities and conducting an or adjacent to such lands or other lands under amounts appropriated or otherwise made avail- international program as authorized, fire protection agreement, hazardous fuels re- able by this title, make a payment to the Harriet $295,349,000, to remain available until expended, duction on or adjacent to such lands, and for Tubman Home in Auburn, New York, in the of which $84,716,000 is to be derived from the emergency rehabilitation of burned-over Na- amount of $11,750. Land and Water Conservation Fund: Provided, tional Forest System lands and water, (2) The amount specified in paragraph (1) is That each forest legacy grant shall be for a spe- $1,543,072,000, to remain available until ex- the amount of widow’s pension that Harriet cific project or set of specific tasks: Provided pended: Provided, That such funds including Tubman should have received from January 1899 further, That grants for acquisition of lands or unobligated balances under this head, are avail- to March 1913 under various laws authorizing conservation easements shall require that the able for repayment of advances from other ap- pension for the death of her husband, Nelson State demonstrates that 25 percent of the total propriations accounts previously transferred for Davis, a deceased veteran of the Civil War, but value of the project is comprised of a non-Fed- such purposes: Provided further, That such did not receive, adjusted for inflation since eral cost share: Provided further, That up to funds may be available to reimburse State and March 1913. $2,000,000 may be used by the Secretary solely other cooperating entities for services provided (b) USE OF AMOUNTS.—The Harriet Tubman for: (1) rapid response to new introductions of in response to wildfire and other emergencies or Home shall use amounts paid under subsection non-native or invasive pests or pathogens in disasters: Provided further, That not less than (a) for the purposes of— which no previous federal funding has been (1) preserving and maintaining the Harriet 50 percent of any unobligated balances remain- identified to address, or (2) for a limited number ing (exclusive of amounts for hazardous fuels Tubman Home; and of instances in which any pest populations in- (2) honoring the memory of Harriet Tubman. reduction) at the end of fiscal year 2003 shall be crease at over 150 percent of levels monitored for SEC. 137. Nonrenewable grazing permits au- transferred, as repayment for past advances that species in the immediately preceding fiscal thorized in the Jarbidge Field Office, Bureau of that have not been repaid, to the fund estab- year and failure to suppress those popultions Land Management within the past seven years lished pursuant to section 3 of Public Law 71– would lead to a 10-percent increase of annual shall be renewed under section 402 of the Fed- 319 (16 U.S.C. 576 et seq.): Provided further, forest or stand mortality over ambient mortality eral Land Policy and Management Act of 1976, That notwithstanding any other provision of levels. as amended (43 U.S.C. 1752) and under section law, $8,000,000 of funds appropriated under this 3 of the Taylor Grazing Act of 1934, as amended NATIONAL FOREST SYSTEM appropriation shall be used for Fire Science Re- (43 U.S.C. 315b). The terms and conditions con- For necessary expenses of the Forest Service, search in support of the Joint Fire Science Pro- tained in the most recently expired nonrenew- not otherwise provided for, for management, gram: Provided further, That all authorities for able grazing permit shall continue in effect protection, improvement, and utilization of the the use of funds, including the use of contracts, under the renewed permit. Upon completion of National Forest System, $1,370,731,000, to remain grants, and cooperative agreements, available to any required analysis or documentation, the available until expended, which shall include 50 execute the Forest and Rangeland Research ap- permit may be canceled, suspended or modified, percent of all moneys received during prior fis- propriation, are also available in the utilization in whole or in part, to meet the requirements of cal years as fees collected under the Land and of these funds for Fire Science Research: Pro- applicable laws and regulations. Nothing in this Water Conservation Fund Act of 1965, as vided further, That funds provided shall be section shall be deemed to extend the nonrenew- amended, in accordance with section 4 of the available for emergency rehabilitation and res- able permits beyond the standard one-year term. Act (16 U.S.C. 460l–6a(i)), of which $200,000 may toration, hazardous fuels reduction activities in SEC. 138. INTERIM COMPENSATION PAYMENTS. be for necessary expenses related to a land ex- the urban-wildland interface, support to Fed- Section 2303(b) of Public Law 106–246 (114 Stat. change between the State of Montana and the eral emergency response, and wildfire suppres- 549) is amended by inserting before the period at Lolo National Forest: Provided, That unobli- sion activities of the Forest Service: Provided the end the following: ‘‘, unless the amount of gated balances available at the start of fiscal further, That of the funds provided, $231,392,000 the interim compensation exceeds the amount of year 2004 shall be displayed by budget line item is for hazardous fuels reduction activities, the final compensation’’. in the fiscal year 2005 budget justification: Pro- $21,427,000 is for research activities and to make SEC. 139. APPLICATIONS FOR WAIVERS OF vided further, That the Secretary may authorize competitive research grants pursuant to the For- MAINTENANCE FEES. Section 10101f(d)(3) of the the expenditure or transfer of such sums as nec- est and Rangeland Renewable Resources Re- Omnibus Budget Reconciliation Act of 1993 (30 essary to the Department of the Interior, Bu- search Act, as amended (16 U.S.C. 1641 et seq.), U.S.C. 28f(d)(3)) is amended by inserting after reau of Land Management, for removal, prepa- $47,752,000 is for State fire assistance, $8,240,000 ‘‘reason’’ the following: ‘‘(including, with re- ration, and adoption of excess wild horses and is for volunteer fire assistance, and $11,934,000 is spect to any application filed on or after Janu- burros, and for the performance of cadastral for forest health activities on State, private, and ary 1, 1999, the filing of the application after surveys to designate the boundaries of such Federal lands: Provided further, That amounts the statutory deadline)’’. lands from National Forest System lands: Pro- in this paragraph may be transferred to the SEC. 140. None of the funds appropriated or vided further, That of the funds provided under ‘‘State and Private Forestry’’, ‘‘National Forest otherwise made available by this or any other this heading for Forest Products, $5,000,000 System’’, and ‘‘Forest and Rangeland Re- Act, hereafter enacted, may be used to permit shall be allocated to the Alaska Region, in addi- search’’ accounts to fund State fire assistance, the use of the National Mall for a special event, tion to its normal allocation for the purposes of volunteer fire assistance, forest health manage- unless the permit expressly prohibits the erec- preparing additional timber for sale, to establish ment, forest and rangeland research, vegetation tion, placement, or use of structures and signs a 3-year timber supply and such funds may be and watershed management, heritage site reha- bearing commercial advertising. The Secretary transferred to other appropriations accounts as bilitation, wildlife and fish habitat manage- may allow for recognition of sponsors of special necessary to maximize accomplishment: Pro- ment, and restoration: Provided further, That events: Provided, That the size and form of the vided further, That of the funds provided under transfers of any amounts in excess of those au- recognition shall be consistent with the special this heading, $3,150,000 is for expenses required thorized in this paragraph shall require ap- nature and sanctity of the Mall and any let- to implement title I of Public Law 106–248, to be proval of the House and Senate Committees on tering or design identifying the sponsor shall be segregated in a separate fund established by the Appropriations in compliance with reprogram- no larger than one-third the size of the lettering Secretary of Agriculture: Provided further, That ming procedures contained in House Report No. or design identifying the special event. In ap- within funds available for the purpose of imple- 105–163: Provided further, That the costs of im- proving special events, the Secretary shall en- menting the Valles Caldera Preservation Act, plementing any cooperative agreement between sure, to the maximum extent practicable, that notwithstanding the limitations of section the Federal Government and any non-Federal public use of, and access to the Mall is not re- 107(e)(2) of the Valles Caldera Preservation Act entity may be shared, as mutually agreed on by stricted. For purposes of this section, the term (Public Law 106–248), for fiscal year 2004, the the affected parties: Provided further, That in ‘‘special event’’ shall have the meaning given to Chair of the Board of Trustees of the Valles addition to funds provided for State Fire Assist- it by section 7.96(g)(1)(ii) of title 36, Code of Caldera Trust may receive, upon request, com- ance programs, and subject to all authorities Federal Regulations. pensation for each day (including travel time) available to the Forest Service under the State TITLE II—RELATED AGENCIES that the Chair is engaged in the performance of and Private Forestry Appropriations, up to DEPARTMENT OF AGRICULTURE the functions of the Board, except that com- $15,000,000 may be used on adjacent non-Federal lands for the purpose of protecting communities FOREST SERVICE pensation shall not exceed the daily equivalent of the annual rate in effect for members of the when hazard reduction activities are planned FOREST AND RANGELAND RESEARCH Senior Executive Service at the ES–1 level, and on national forest lands that have the potential For necessary expenses of forest and range- shall be in addition to any reimbursement for to place such communities at risk: Provided fur- land research as authorized by law, $266,180,000, travel, subsistence and other necessary expenses ther, That included in funding for hazardous to remain available until expended. incurred by the Chair in the performance of the fuel reduction is $5,000,000 for implementing the STATE AND PRIVATE FORESTRY Chair’s duties. Community Forest Restoration Act, Public Law For necessary expenses of cooperating with For an additional amount to reimburse the 106–393, title VI, and any portion of such funds and providing technical and financial assist- Judgment Fund as required by 41 U.S.C. 612(c) shall be available for use on non-Federal lands

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in accordance with authorities available to the ACQUISITION OF LANDS FOR NATIONAL FORESTS Any appropriations or funds available to the Forest Service under the State and Private For- SPECIAL ACTS Forest Service may be transferred to the estry Appropriation: Provided further, That in For acquisition of lands within the exterior Wildland Fire Management appropriation for using the funds provided in this Act for haz- boundaries of the Cache, Uinta, and Wasatch forest firefighting, emergency rehabilitation of ardous fuels reduction activities, the Secretary National Forests, Utah; the Toiyabe National burned-over or damaged lands or waters under of Agriculture may conduct fuel reduction treat- Forest, Nevada; and the Angeles, San its jurisdiction, and fire preparedness due to se- ments on Federal lands using all contracting Bernardino, Sequoia, and Cleveland National vere burning conditions if and only if all pre- and hiring authorities available to the Secretary Forests, California, as authorized by law, viously appropriated emergency contingent applicable to hazardous fuel reduction activities $1,069,000, to be derived from forest receipts. funds under the heading ‘‘Wildland Fire Man- under the wildland fire management accounts: ACQUISITION OF LANDS TO COMPLETE LAND agement’’ have been released by the President Provided further, That notwithstanding Federal EXCHANGES and apportioned and all wildfire suppression Government procurement and contracting laws, For acquisition of lands, such sums, to be de- funds under the heading ‘‘Wildland Fire Man- the Secretaries may conduct fuel reduction rived from funds deposited by State, county, or agement’’ are obligated. treatments, rehabilitation and restoration, and municipal governments, public school districts, Funds appropriated to the Forest Service shall other activities authorized under this heading or other public school authorities, and for au- be available for assistance to or through the on and adjacent to Federal lands using grants thorized expenditures from funds deposited by Agency for International Development and the and cooperative agreements: Provided further, non-federal parties pursuant to Land Sale and Foreign Agricultural Service in connection with That notwithstanding Federal Government pro- Exchange Acts, pursuant to the Act of December forest and rangeland research, technical infor- curement and contracting laws, in order to pro- 4, 1967, as amended (16 U.S.C. 484a), to remain mation, and assistance in foreign countries, and vide employment and training opportunities to available until expended. shall be available to support forestry and re- people in rural communities, the Secretaries may lated natural resource activities outside the RANGE BETTERMENT FUND award contracts, including contracts for moni- United States and its territories and possessions, For necessary expenses of range rehabilita- toring activities, to local private, non-profit, or including technical assistance, education and tion, protection, and improvement, 50 percent of cooperative entities; Youth Conservation Corps training, and cooperation with United States all moneys received during the prior fiscal year, crews or related partnerships, with State, local and international organizations. as fees for grazing domestic livestock on lands in and non-profit youth groups; small or micro- None of the funds made available to the For- National Forests in the 16 Western States, pur- businesses; or other entities that will hire or est Service under this Act shall be subject to suant to section 401(b)(1) of Public Law 94–579, train a significant percentage of local people to transfer under the provisions of section 702(b) of as amended, to remain available until expended, complete such contracts: Provided further, That the Department of Agriculture Organic Act of of which not to exceed 6 percent shall be avail- the authorities described above relating to con- 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless the able for administrative expenses associated with tracts, grants, and cooperative agreements are proposed transfer is approved in advance by the on-the-ground range rehabilitation, protection, available until all funds provided in this title House and Senate Committees on Appropria- and improvements. for hazardous fuels reduction activities in the tions in compliance with the reprogramming urban wildland interface are obligated: Pro- GIFTS, DONATIONS AND BEQUESTS FOR FOREST procedures contained in House Report No. 105– vided further, That the Secretary of the Interior AND RANGELAND RESEARCH 163. and the Secretary of Agriculture may authorize For expenses authorized by 16 U.S.C. 1643(b), None of the funds available to the Forest the transfer of funds appropriated for wildland $92,000, to remain available until expended, to Service may be reprogrammed without the ad- fire management, in an aggregate amount not to be derived from the fund established pursuant to vance approval of the House and Senate Com- exceed $12,000,000, between the Departments the above Act. mittees on Appropriations in accordance with when such transfers would facilitate and expe- MANAGEMENT OF NATIONAL FOREST LANDS FOR the procedures contained in House Report No. dite jointly funded wildland fire management SUBSISTENCE USES 105–163. No funds available to the Forest Service shall programs and projects. For necessary expenses of the Forest Service be transferred to the Working Capital Fund of to manage federal lands in Alaska for subsist- CAPITAL IMPROVEMENT AND MAINTENANCE the Department of Agriculture that exceed the ence uses under title VIII of the Alaska Na- total amount transferred during fiscal year 2000 For necessary expenses of the Forest Service, tional Interest Lands Conservation Act (Public for such purposes without the advance approval not otherwise provided for, $532,406,000, to re- Law 96–487), $5,535,000, to remain available of the House and Senate Committees on Appro- main available until expended for construction, until expended, of which not to exceed $100,000 priations. per annum may be used to reimburse the Office reconstruction, maintenance and acquisition of Funds available to the Forest Service shall be of General Counsel, Department of Agriculture, buildings and other facilities, and for construc- available to conduct a program of not less than for salaries and related expenses incurred in tion, reconstruction, repair and maintenance of $2,000,000 for high priority projects within the providing legal services in relation to subsist- forest roads and trails by the Forest Service as scope of the approved budget which shall be ence management. authorized by 16 U.S.C. 532–538 and 23 U.S.C. carried out by the Youth Conservation Corps. 101 and 205, of which $500,000 may be for im- ADMINISTRATIVE PROVISIONS, FOREST SERVICE Of the funds available to the Forest Service, provements at Fernwood Park on the Wasatch- Appropriations to the Forest Service for the $2,500 is available to the Chief of the Forest Cache National Forest: Provided, That up to current fiscal year shall be available for: (1) Service for official reception and representation $15,000,000 of the funds provided herein for road purchase of not to exceed 124 passenger motor expenses. maintenance shall be available for the decom- vehicles of which 21 will be used primarily for Pursuant to sections 405(b) and 410(b) of Pub- missioning of roads, including unauthorized law enforcement purposes and of which 124 lic Law 101–593, of the funds available to the roads not part of the transportation system, shall be for replacement; acquisition of 25 pas- Forest Service, up to $3,000,000 may be advanced which are no longer needed: Provided further, senger motor vehicles from excess sources, and in a lump sum as Federal financial assistance to That no funds shall be expended to decommis- hire of such vehicles; operation and mainte- the National Forest Foundation, without regard sion any system road until notice and an oppor- nance of aircraft to maintain the operable fleet to when the Foundation incurs expenses, for ad- tunity for public comment has been provided on at 195 aircraft for use in Forest Service wildland ministrative expenses or projects on or benefit- each decommissioning project. fire programs and other Forest Service pro- ting National Forest System lands or related to LAND ACQUISITION grams; notwithstanding other provisions of law, Forest Service programs: Provided, That of the existing aircraft being replaced may be sold, Federal funds made available to the Founda- For expenses necessary to carry out the provi- with proceeds derived or trade-in value used to tion, no more than $400,000 shall be available for sions of the Land and Water Conservation Fund offset the purchase price for the replacement administrative expenses: Provided further, That Act of 1965, as amended (16 U.S.C. 460l–4 aircraft; (2) services pursuant to 7 U.S.C. 2225, the Foundation shall obtain, by the end of the through 11), including administrative expenses, and not to exceed $100,000 for employment under period of Federal financial assistance, private and for acquisition of land or waters, or interest 5 U.S.C. 3109; (3) purchase, erection, and alter- contributions to match on at least one-for-one therein, in accordance with statutory authority ation of buildings and other public improve- basis funds made available by the Forest Serv- applicable to the Forest Service, $76,440,000, to ments (7 U.S.C. 2250); (4) acquisition of land, ice: Provided further, That the Foundation may be derived from the Land and Water Conserva- waters, and interests therein pursuant to 7 transfer Federal funds to a non-Federal recipi- tion Fund and to remain available until ex- U.S.C. 428a; (5) for expenses pursuant to the ent for a project at the same rate that the recipi- pended, of which $5,400,000 shall be available Volunteers in the National Forest Act of 1972 (16 ent has obtained the non-Federal matching for the Beaver Brook Watershed in the State of U.S.C. 558a, 558d, and 558a note); (6) the cost of funds: Provided further, That authorized invest- Colorado: Provided, That notwithstanding any uniforms as authorized by 5 U.S.C. 5901–5902; ments of Federal funds held by the Foundation limitations of the Land and Water Conservation and (7) for debt collection contracts in accord- may be made only in interest-bearing obligations Fund Act (16 U.S.C. 460l–9), the Secretary of Ag- ance with 31 U.S.C. 3718(c). of the United States or in obligations guaran- riculture is henceforth authorized to utilize any None of the funds made available under this teed as to both principal and interest by the funds appropriated from the Land and Water Act shall be obligated or expended to abolish United States. Conservation Fund to acquire Mental Health any region, to move or close any regional office Pursuant to section 2(b)(2) of Public Law 98– Trust lands in Alaska and, upon Federal acqui- for National Forest System administration of the 244, $2,650,000 of the funds available to the For- sition, the boundaries of the Tongass National Forest Service, Department of Agriculture with- est Service shall be available for matching funds Forest shall be deemed modified to include such out the consent of the House and Senate Com- to the National Fish and Wildlife Foundation, lands. mittees on Appropriations. as authorized by 16 U.S.C. 3701–3709, and may

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12014 CONGRESSIONAL RECORD — SENATE September 25, 2003 be advanced in a lump sum, without regard to employed in any project funded under Title V of available until expended, of which $4,000,000 is when expenses are incurred, for projects on or the Older American Act of 1965 (42 U.S.C. 3056 to continue a multi-year project for construc- benefitting National Forest System lands or re- et seq.) and administered by the Forest Service tion, renovation, furnishing, and demolition or lated to Forest Service programs: Provided, That shall be considered to be a Federal employee for removal of buildings at National Energy Tech- the Foundation shall obtain private contribu- purposes of chapter 171 of title 28, United States nology Laboratory facilities in Morgantown, tions to match on at least one-for-one basis Code. West Virginia and Pittsburgh, Pennsylvania; of funds advanced by the Forest Service: Provided Any funds appropriated to the Forest Service which not to exceed $536,000 may be utilized for further, That the Foundation may transfer Fed- may be used to meet the non-Federal share re- travel and travel-related expenses incurred by eral funds to a Federal or non-Federal recipient quirement in section 502(c) of the Older Amer- the headquarters staff of the Office of Fossil En- for a project at the same rate that the recipient ican Act of 1965 (42 U.S.C. 3056(c)(2)). ergy; and of which $130,000,000 are to be made has obtained the non-Federal matching funds. None of the funds made available in this or available, after coordination with the private Funds appropriated to the Forest Service shall any other Act may be used by the Forest Service sector, for a request for proposals for a Clean be available for interactions with and providing to initiate or continue competitive sourcing Coal Power Initiative providing for competi- technical assistance to rural communities for studies until such time as the House and Senate tively-awarded research, development, and dem- sustainable rural development purposes. Committees on Appropriations have been given a onstration projects to reduce the barriers to con- Notwithstanding any other provision of law, detailed competitive sourcing proposal (includ- tinued and expanded coal use: Provided, That 80 percent of the funds appropriated to the For- ing the number of positions to be studied, the no project may be selected for which sufficient est Service in the ‘‘National Forest System’’ and amount of funding needed, and the accounts funding is not available to provide for the total ‘‘Capital Improvement and Maintenance’’ ac- and activities from which the funding will be re- project: Provided further, That funds shall be counts and planned to be allocated to activities programmed), and have approved in writing expended in accordance with the provisions gov- under the ‘‘Jobs in the Woods’’ program for such proposal. erning the use of funds contained under the projects on National Forest land in the State of The Secretary of Agriculture may authorize heading ‘‘Clean Coal Technology’’ in 42 U.S.C. Washington may be granted directly to the the sale of excess buildings, facilities, and other 5903d: Provided further, That the Department Washington State Department of Fish and Wild- properties owned by the Forest Service and lo- may include provisions for repayment of Gov- life for accomplishment of planned projects. cated on the Wasatch-Cache National Forest, ernment contributions to individual projects in Twenty percent of said funds shall be retained the revenues of which may be retained by the an amount up to the Government contribution by the Forest Service for planning and admin- Forest Service and available to the Secretary to the project on terms and conditions that are istering projects. Project selection and without further appropriation and until ex- acceptable to the Department including repay- prioritization shall be accomplished by the For- pended for acquisition and construction of ad- ments from sale and licensing of technologies est Service with such consultation with the ministrative sites on the Wasatch-Cache Na- from both domestic and foreign transactions: State of Washington as the Forest Service deems tional Forest. Provided further, That such repayments shall be appropriate. DEPARTMENT OF ENERGY retained by the Department for future coal-re- Funds appropriated to the Forest Service shall lated research, development and demonstration CLEAN COAL TECHNOLOGY be available for payments to counties within the projects: Provided further, That any technology Columbia River Gorge National Scenic Area, (DEFERRAL) selected under this program shall be considered pursuant to sections 14(c)(1) and (2), and sec- Of the funds made available under this head- a Clean Coal Technology, and any project se- tion 16(a)(2) of Public Law 99–663. ing for obligation in prior years, $97,000,000 lected under this program shall be considered a Notwithstanding any other provision of law, shall not be available until October 1, 2004: Pro- Clean Coal Technology Project, for the purposes any appropriations or funds available to the vided, That funds made available in previous of 42 U.S.C. 7651n, and Chapters 51, 52, and 60 Forest Service not to exceed $500,000 may be appropriations Acts shall be available for any of title 40 of the Code of Federal Regulations: used to reimburse the Office of the General ongoing project regardless of the separate re- Provided further, That no part of the sum here- Counsel (OGC), Department of Agriculture, for quest for proposal under which the project was in made available shall be used for the field test- travel and related expenses incurred as a result selected: Provided further, That within 30 days ing of nuclear explosives in the recovery of oil of OGC assistance or participation requested by of enactment of this Act, the Secretary is di- and gas: Provided further, That up to 4 percent the Forest Service at meetings, training sessions, rected to provide the House Committee on Ap- of program direction funds available to the Na- management reviews, land purchase negotia- propriations and the Senate Committee on Ap- tional Energy Technology Laboratory may be tions and similar non-litigation related matters. propriations with a plan detailing the proposed used to support Department of Energy activities Future budget justifications for both the Forest expenditure of un-obligated or de-obligated not included in this account. Service and the Department of Agriculture funds from terminated Clean Coal Technology should clearly display the sums previously projects in support of the FutureGen project: NAVAL PETROLEUM AND OIL SHALE RESERVES transferred and the requested funding transfers. Provided further, That notwithstanding any For expenses necessary to carry out naval pe- Any appropriations or funds available to the other provision of law, within fiscal year 2004 troleum and oil shale reserve activities, Forest Service may be used for necessary ex- up to $9,000,000 of the funds made available $17,947,000, to remain available until expended: penses in the event of law enforcement emer- under this heading for obligation in prior years, Provided, That, notwithstanding any other pro- gencies as necessary to protect natural resources of funds not obligated or committed to existing vision of law, unobligated funds remaining from and public or employee safety: Provided, That Clean Coal Technology projects, and funds com- prior years shall be available for all naval petro- such amounts shall not exceed $1,000,000. mitted or obligated to a project that is or may be leum and oil shale reserve activities. From funds available to the Forest Service in terminated, may be used for the development of this Act for payment of costs in accordance with technologies and research facilities that support ELK HILLS SCHOOL LANDS FUND subsection 413(d) of Title IV, Public Law 108–7, the production of electricity and hydrogen from For necessary expenses in fulfilling install- $3,000,000 shall be transferred by the Secretary coal including sequestration of associated car- ment payments under the Settlement Agreement of Agriculture to the Secretary of the Treasury bon dioxide: Provided further, That the Sec- entered into by the United States and the State to make reimbursement payments as provided in retary may enter into a lease or other agree- of California on October 11, 1996, as authorized such subsection. ment, not subject to the conditions or require- by section 3415 of Public Law 104–106, The Secretary of Agriculture may authorize ments established for Clean Coal Technology $36,000,000, to become available on October 1, the sale of excess buildings, facilities, and other projects under any prior law, for a cost-shared 2004 for payment to the State of California for properties owned by the Forest Service and lo- public-private partnership with a non-Federal the State Teachers’ Retirement Fund from the cated on the Green Mountain National Forest, entity representing the coal industry and coal- Elk Hills School Lands Fund. the revenues of which shall be retained by the fueled utilities: Provided further, That the Sec- Forest Service and available to the Secretary retary shall ensure that the entity provides op- ENERGY CONSERVATION without further appropriation and until ex- portunities for participation by technology ven- pended for maintenance and rehabilitation ac- For necessary expenses in carrying out energy dors, States, universities, and other stake- conservation activities, $861,645,000, to remain tivities on the Green Mountain National Forest. holders. The Secretary of Agriculture may transfer or available until expended, of which $1,500,000 is reimburse funds available to the Forest Service, FOSSIL ENERGY RESEARCH AND DEVELOPMENT for DES applications integration: Provided, not to exceed $15,000,000, to the Secretary of the For necessary expenses in carrying out fossil That $274,000,000 shall be for use in energy con- Interior or the Secretary of Commerce to expe- energy research and development activities, servation grant programs as defined in section dite conferencing and consultations as required under the authority of the Department of En- 3008(3) of Public Law 99–509 (15 U.S.C. 4507): under section 7 of the Endangered Species Act, ergy Organization Act (Public Law 95–91), in- Provided further, That notwithstanding section 16 U.S.C. 1536. The amount of the transfer or re- cluding the acquisition of interest, including de- 3003(d)(2) of Public Law 99–509, such sums shall imbursement shall be as mutually agreed by the feasible and equitable interests in any real prop- be allocated to the eligible programs as follows: Secretary of Agriculture and the Secretary of erty or any facility or for plant or facility acqui- $230,000,000 for weatherization assistance grants the Interior or Secretary of Commerce, as appli- sition or expansion, and for conducting inquir- and $44,000,000 for State energy program grants. ies, technological investigations and research cable, or their designees. The amount shall in no ECONOMIC REGULATION case exceed the actual costs of consultation and concerning the extraction, processing, use, and conferencing. disposal of mineral substances without objec- For necessary expenses in carrying out the ac- Beginning on June 30, 2001 and concluding on tionable social and environmental costs (30 tivities of the Office of Hearings and Appeals, December 31, 2004, an eligible individual who is U.S.C. 3, 1602, and 1603), $593,514,000, to remain $1,047,000, to remain available until expended.

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STRATEGIC PETROLEUM RESERVE No funds provided in this Act may be ex- That of the amounts provided to the Indian For necessary expenses for Strategic Petro- pended by the Department of Energy to prepare, Health Service, $15,000,000 is provided for alco- leum Reserve facility development and oper- issue, or process procurement documents for pro- hol control, enforcement, prevention, treatment, ations and program management activities pur- grams or projects for which appropriations have sobriety and wellness, and education in Alaska suant to the Energy Policy and Conservation not been made. to be distributed as direct lump sum payments as Act of 1975, as amended (42 U.S.C. 6201 et seq.), In addition to other authorities set forth in follows: (a) $2,000,000 to the State of Alaska for $173,081,000, to remain available until expended: this Act, the Secretary may accept fees and con- regional distribution to hire and equip addi- Provided, That the Department of Energy shall tributions from public and private sources, to be tional Village Public Safety Officers to engage develop, with an opportunity for public com- deposited in a contributed funds account, and primarily in bootlegging prevention and enforce- ment, procedures to obtain oil for the Strategic prosecute projects using such fees and contribu- ment activities; (b) $10,000,000 to the Alaska Na- Petroleum Reserve in a manner that maximizes tions in cooperation with other Federal, State or tive Tribal Health Consortium, which shall be the overall domestic supply of crude oil (includ- private agencies or concerns. allocated for (1) substance abuse treatment in- ing amounts stored in private sector inventories) DEPARTMENT OF HEALTH AND HUMAN cluding residential treatment, (2) substance and minimizes the costs to the Department of SERVICES abuse and behavioral health counselors through the Interior and the Department of Energy of INDIAN HEALTH SERVICE the Counselor in Every Village program, and (3) acquiring such oil (including foregone revenues INDIAN HEALTH SERVICES comprehensive substance abuse training pro- to the Treasury when oil for the Reserve is ob- For expenses necessary to carry out the Act of grams for counselors and others delivering sub- tained through the Royalty-in-Kind program), August 5, 1954 (68 Stat. 674), the Indian Self-De- stance abuse services; (c) $1,000,000 to the State consistent with national security. Such proce- termination Act, the Indian Health Care Im- of Alaska for a school peer counseling and edu- dures shall include procedures and criteria for provement Act, and titles II and III of the Pub- cation program; and (d) $2,000,000 for the Alas- the review of requests for the deferrals of sched- lic Health Service Act with respect to the Indian ka Federation of Natives sobriety and wellness uled deliveries. No later than 120 days following Health Service, $2,546,524,000, together with program for competitive merit-based grants: Pro- the enactment of this Act the Department shall payments received during the fiscal year pursu- vided further, That none of the funds may be propose and no later than 180 days following ant to 42 U.S.C. 238(b) for services furnished by used for tribal courts or tribal ordinance pro- the enactment of this Act the Department shall the Indian Health Service: Provided, That funds grams or any program that is not directly re- publish and follow such procedures when ac- made available to tribes and tribal organizations lated to alcohol control, enforcement, preven- quiring oil for the Reserve. through contracts, grant agreements, or any tion, treatment, or sobriety: Provided further, NORTHEAST HOME HEATING OIL RESERVE other agreements or compacts authorized by the That no more than 10 percent may be used by For necessary expenses for Northeast Home Indian Self-Determination and Education As- any entity receiving funding for administrative Heating Oil Reserve storage, operations, and sistance Act of 1975 (25 U.S.C. 450), shall be overhead including indirect costs: Provided fur- management activities pursuant to the Energy deemed to be obligated at the time of the grant ther, That the State of Alaska, Alaska Native Policy and Conservation Act of 2000, $5,000,000, or contract award and thereafter shall remain non-profit corporations, and the Alaska Native to remain available until expended. available to the tribe or tribal organization Tribal Health Consortium must each maintain ENERGY INFORMATION ADMINISTRATION without fiscal year limitation: Provided further, its existing level of effort and must use these For necessary expenses in carrying out the ac- That up to $18,000,000 shall remain available funds to enhance or expand existing efforts or tivities of the Energy Information Administra- until expended, for the Indian Catastrophic initiate new projects or programs and may not tion, $80,111,000, to remain available until ex- Health Emergency Fund: Provided further, That use such funds to supplant existing programs. pended. $472,022,000 for contract medical care shall re- INDIAN HEALTH FACILITIES ADMINISTRATIVE PROVISIONS, DEPARTMENT OF main available for obligation until September 30, For construction, repair, maintenance, im- ENERGY 2005: Provided further, That of the funds pro- provement, and equipment of health and related Appropriations under this Act for the current vided, up to $27,000,000 to remain available until auxiliary facilities, including quarters for per- fiscal year shall be available for hire of pas- expended, shall be used to carry out the loan re- sonnel; preparation of plans, specifications, and senger motor vehicles; hire, maintenance, and payment program under section 108 of the In- drawings; acquisition of sites, purchase and operation of aircraft; purchase, repair, and dian Health Care Improvement Act: Provided erection of modular buildings, and purchases of cleaning of uniforms; and reimbursement to the further, That funds provided in this Act may be trailers; and for provision of domestic and com- General Services Administration for security used for one-year contracts and grants which munity sanitation facilities for Indians, as au- guard services. are to be performed in two fiscal years, so long thorized by section 7 of the Act of August 5, 1954 From appropriations under this Act, transfers as the total obligation is recorded in the year for (42 U.S.C. 2004a), the Indian Self-Determination of sums may be made to other agencies of the which the funds are appropriated: Provided fur- Act, and the Indian Health Care Improvement Government for the performance of work for ther, That the amounts collected by the Sec- Act, and for expenses necessary to carry out which the appropriation is made. retary of Health and Human Services under the such Acts and titles II and III of the Public None of the funds made available to the De- authority of title IV of the Indian Health Care Health Service Act with respect to environ- partment of Energy under this Act shall be used Improvement Act shall remain available until mental health and facilities support activities of to implement or finance authorized price sup- expended for the purpose of achieving compli- the Indian Health Service, $391,188,000, to re- port or loan guarantee programs unless specific ance with the applicable conditions and require- main available until expended: Provided, That provision is made for such programs in an ap- ments of titles XVIII and XIX of the Social Se- notwithstanding any other provision of law, propriations Act. curity Act (exclusive of planning, design, or funds appropriated for the planning, design, The Secretary is authorized to accept lands, construction of new facilities): Provided further, construction or renovation of health facilities buildings, equipment, and other contributions That funding contained herein, and in any ear- for the benefit of an Indian tribe or tribes may from public and private sources and to prosecute lier appropriations Acts for scholarship pro- be used to purchase land for sites to construct, projects in cooperation with other agencies, grams under the Indian Health Care Improve- improve, or enlarge health or related facilities: Federal, State, private or foreign: Provided, ment Act (25 U.S.C. 1613) shall remain available Provided further, That from the funds appro- That revenues and other moneys received by or until expended: Provided further, That amounts priated herein, $5,043,000 shall be designated by for the account of the Department of Energy or received by tribes and tribal organizations under the Indian Health Service as a contribution to otherwise generated by sale of products in con- title IV of the Indian Health Care Improvement the Yukon-Kuskokwim Health Corporation nection with projects of the Department appro- Act shall be reported and accounted for and (YKHC) to complete a priority project for the ac- priated under this Act may be retained by the available to the receiving tribes and tribal orga- quisition of land, planning, design and con- Secretary of Energy, to be available until ex- nizations until expended: Provided further, struction of 79 staff quarters in the Bethel serv- pended, and used only for plant construction, That, notwithstanding any other provision of ice area, pursuant to the negotiated project operation, costs, and payments to cost-sharing law, of the amounts provided herein, not to ex- agreement between the YKHC and the Indian entities as provided in appropriate cost-sharing ceed $268,974,000 shall be for payments to tribes Health Service: Provided further, That this contracts or agreements: Provided further, That and tribal organizations for contract or grant project shall not be subject to the construction the remainder of revenues after the making of support costs associated with contracts, grants, provisions of the Indian Self-Determination and such payments shall be covered into the Treas- self-governance compacts or annual funding Education Assistance Act and shall be removed ury as miscellaneous receipts: Provided further, agreements between the Indian Health Service from the Indian Health Service priority list That any contract, agreement, or provision and a tribe or tribal organization pursuant to upon completion: Provided further, That the thereof entered into by the Secretary pursuant the Indian Self-Determination Act of 1975, as Federal Government shall not be liable for any to this authority shall not be executed prior to amended, prior to or during fiscal year 2004, of property damages or other construction claims the expiration of 30 calendar days (not includ- which not to exceed $2,500,000 may be used for that may arise from YKHC undertaking this ing any day in which either House of Congress contract support costs associated with new or project: Provided further, That the land shall be is not in session because of adjournment of more expanded self-determination contracts, grants, owned or leased by the YKHC and title to quar- than 3 calendar days to a day certain) from the self-governance compacts or annual funding ters shall remain vested with the YKHC: Pro- receipt by the Speaker of the House of Rep- agreements: Provided further, That funds avail- vided further, That not to exceed $500,000 shall resentatives and the President of the Senate of able for the Indian Health Care Improvement be used by the Indian Health Service to pur- a full comprehensive report on such project, in- Fund may be used, as needed, to carry out ac- chase TRANSAM equipment from the Depart- cluding the facts and circumstances relied upon tivities typically funded under the Indian ment of Defense for distribution to the Indian in support of the proposed project. Health Facilities account: Provided further, Health Service and tribal facilities: Provided

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12016 CONGRESSIONAL RECORD — SENATE September 25, 2003 further, That none of the funds appropriated to ing to the eligibility for the health care services U.S.C. 3109; up to five replacement passenger ve- the Indian Health Service may be used for sani- of the Indian Health Service until the Indian hicles; purchase, rental, repair, and cleaning of tation facilities construction for new homes Health Service has submitted a budget request uniforms for employees, $487,989,000, of which funded with grants by the housing programs of reflecting the increased costs associated with the not to exceed $46,903,000 for the instrumentation the United States Department of Housing and proposed final rule, and such request has been program, collections acquisition, exhibition re- Urban Development: Provided further, That not included in an appropriations Act and enacted installation, the National Museum of the Amer- to exceed $1,000,000 from this account and the into law. ican Indian, and the repatriation of skeletal re- ‘‘Indian Health Services’’ account shall be used With respect to functions transferred by the mains program shall remain available until ex- by the Indian Health Service to obtain ambu- Indian Health Service to tribes or tribal organi- pended; and of which $828,000 for fellowships lances for the Indian Health Service and tribal zations, the Indian Health Service is authorized and scholarly awards shall remain available facilities in conjunction with an existing inter- to provide goods and services to those entities, until September 30, 2005; and including such agency agreement between the Indian Health on a reimbursable basis, including payment in funds as may be necessary to support American Service and the General Services Administra- advance with subsequent adjustment. The reim- overseas research centers and a total of $125,000 tion: Provided further, That not to exceed bursements received therefrom, along with the for the Council of American Overseas Research $500,000 shall be placed in a Demolition Fund funds received from those entities pursuant to Centers: Provided, That funds appropriated and remain available until expended, to be used the Indian Self-Determination Act, may be cred- herein are available for advance payments to by the Indian Health Service for demolition of ited to the same or subsequent appropriation ac- independent contractors performing research Federal buildings. count which provided the funding. Such services or participating in official Smithsonian ADMINISTRATIVE PROVISIONS, INDIAN HEALTH amounts shall remain available until expended. presentations: Provided further, That the Smith- SERVICE Reimbursements for training, technical assist- sonian Institution may expend Federal appro- ance, or services provided by the Indian Health Appropriations in this Act to the Indian priations designated in this Act for lease or rent Service will contain total costs, including direct, Health Service shall be available for services as payments for long term and swing space, as rent administrative, and overhead associated with authorized by 5 U.S.C. 3109 but at rates not to payable to the Smithsonian Institution, and the provision of goods, services, or technical as- exceed the per diem rate equivalent to the max- such rent payments may be deposited into the sistance. imum rate payable for senior-level positions general trust funds of the Institution to the ex- The appropriation structure for the Indian under 5 U.S.C. 5376; hire of passenger motor ve- tent that federally supported activities are Health Service may not be altered without the hicles and aircraft; purchase of medical equip- housed in the 900 H Street, N.W. building in the advance approval of the House and Senate Com- ment; purchase of reprints; purchase, renova- District of Columbia: Provided further, That mittees on Appropriations. tion and erection of modular buildings and ren- this use of Federal appropriations shall not be ovation of existing facilities; payments for tele- OTHER RELATED AGENCIES construed as debt service, a Federal guarantee of, a transfer of risk to, or an obligation of, the phone service in private residences in the field, OFFICE OF NAVAJO AND HOPI INDIAN Federal Government: Provided further, That no when authorized under regulations approved by RELOCATION appropriated funds may be used to service debt the Secretary; and for uniforms or allowances SALARIES AND EXPENSES therefor as authorized by 5 U.S.C. 5901–5902; which is incurred to finance the costs of acquir- For necessary expenses of the Office of Navajo ing the 900 H Street building or of planning, de- and for expenses of attendance at meetings and Hopi Indian Relocation as authorized by which are concerned with the functions or ac- signing, and constructing improvements to such Public Law 93–531, $13,532,000, to remain avail- building. tivities for which the appropriation is made or able until expended: Provided, That funds pro- FACILITIES CAPITAL which will contribute to improved conduct, su- vided in this or any other appropriations Act pervision, or management of those functions or are to be used to relocate eligible individuals For necessary expenses of maintenance, re- activities. and groups including evictees from District 6, pair, revitalization, and alteration of facilities In accordance with the provisions of the In- Hopi-partitioned lands residents, those in sig- owned or occupied by the Smithsonian Institu- dian Health Care Improvement Act, non-Indian nificantly substandard housing, and all others tion, by contract or otherwise, as authorized by patients may be extended health care at all trib- certified as eligible and not included in the pre- section 2 of the Act of August 22, 1949 (63 Stat. ally administered or Indian Health Service fa- ceding categories: Provided further, That none 623), and for construction, including necessary cilities, subject to charges, and the proceeds of the funds contained in this or any other Act personnel, $89,970,000, to remain available until along with funds recovered under the Federal may be used by the Office of Navajo and Hopi expended, of which not to exceed $10,000 is for Medical Care Recovery Act (42 U.S.C. 2651–2653) Indian Relocation to evict any single Navajo or services as authorized by 5 U.S.C. 3109: Pro- shall be credited to the account of the facility Navajo family who, as of November 30, 1985, was vided, That contracts awarded for environ- providing the service and shall be available physically domiciled on the lands partitioned to mental systems, protection systems, and repair without fiscal year limitation. Notwithstanding the Hopi Tribe unless a new or replacement or restoration of facilities of the Smithsonian In- any other law or regulation, funds transferred home is provided for such household: Provided stitution may be negotiated with selected con- from the Department of Housing and Urban De- further, That no relocatee will be provided with tractors and awarded on the basis of contractor velopment to the Indian Health Service shall be more than one new or replacement home: Pro- qualifications as well as price: Provided further, administered under Public Law 86–121 (the In- vided further, That the Office shall relocate any That balances from amounts previously appro- dian Sanitation Facilities Act) and Public Law certified eligible relocatees who have selected priated under the headings ‘‘Repair, Restora- 93–638, as amended. and received an approved homesite on the Nav- tion and Alteration of Facilities’’ and ‘‘Con- Funds appropriated to the Indian Health ajo reservation or selected a replacement resi- struction’’ shall be transferred to and merged Service in this Act, except those used for admin- dence off the Navajo reservation or on the land with this appropriation and shall remain avail- istrative and program direction purposes, shall acquired pursuant to 25 U.S.C. 640d–10. able until expended. not be subject to limitations directed at cur- ADMINISTRATIVE PROVISIONS, SMITHSONIAN tailing Federal travel and transportation. INSTITUTE OF AMERICAN INDIAN AND ALASKA INSTITUTION None of the funds made available to the In- NATIVE CULTURE AND ARTS DEVELOPMENT dian Health Service in this Act shall be used for PAYMENT TO THE INSTITUTE None of the funds in this or any other Act any Department of Health and Human Services- For payment to the Institute of American In- may be used to make any changes to the exist- wide consolidation, restructuring, or realign- dian and Alaska Native Culture and Arts Devel- ing Smithsonian science programs including clo- ment of functions or for any assessments or opment, as authorized by title XV of Public Law sure of facilities, relocation of staff or redirec- charges associated with any such consolidation, 99–498, as amended (20 U.S.C. 56 part A), tion of functions and programs without ap- restructuring or realignment, except for pur- $6,250,000, of which $1,000,000 shall remain proval from the Board of Regents of rec- poses for which funds are specifically provided available until expended to assist with the Insti- ommendations received from the Science Com- in this Act. tute’s efforts to develop a Continuing Education mission. Notwithstanding any other provision of law, Lifelong Learning Center. None of the funds in this or any other Act funds previously or herein made available to a may be used to initiate the design for any pro- SMITHSONIAN INSTITUTION tribe or tribal organization through a contract, posed expansion of current space or new facility grant, or agreement authorized by title I or title SALARIES AND EXPENSES without consultation with the House and Senate III of the Indian Self-Determination and Edu- For necessary expenses of the Smithsonian In- Appropriations Committees. cation Assistance Act of 1975 (25 U.S.C. 450), stitution, as authorized by law, including re- None of the funds in this or any other Act may be deobligated and reobligated to a self-de- search in the fields of art, science, and history; may be used for the Holt House located at the termination contract under title I, or a self-gov- development, preservation, and documentation National Zoological Park in Washington, D.C., ernance agreement under title III of such Act of the National Collections; presentation of pub- unless identified as repairs to minimize water and thereafter shall remain available to the lic exhibits and performances; collection, prepa- damage, monitor structure movement, or provide tribe or tribal organization without fiscal year ration, dissemination, and exchange of informa- interim structural support. limitation. tion and publications; conduct of education, None of the funds available to the Smithso- None of the funds made available to the In- training, and museum assistance programs; nian may be reprogrammed without the advance dian Health Service in this Act shall be used to maintenance, alteration, operation, lease (for written approval of the House and Senate Com- implement the final rule published in the Fed- terms not to exceed 30 years), and protection of mittees on Appropriations in accordance with eral Register on September 16, 1987, by the De- buildings, facilities, and approaches; not to ex- the procedures contained in House Report No. partment of Health and Human Services, relat- ceed $100,000 for services as authorized by 5 105–163.

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NATIONAL GALLERY OF ART lenge America’’ account may be transferred to member is engaged in the actual performance of SALARIES AND EXPENSES and merged with this account. duties. For the upkeep and operations of the National NATIONAL ENDOWMENT FOR THE HUMANITIES UNITED STATES HOLOCAUST MEMORIAL MUSEUM Gallery of Art, the protection and care of the GRANTS AND ADMINISTRATION HOLOCAUST MEMORIAL MUSEUM works of art therein, and administrative ex- For necessary expenses to carry out the Na- For expenses of the Holocaust Memorial Mu- penses incident thereto, as authorized by the tional Foundation on the Arts and the Human- seum, as authorized by Public Law 106–292 (36 Act of March 24, 1937 (50 Stat. 51), as amended ities Act of 1965, as amended, $125,878,000, shall U.S.C. 2301–2310), $39,997,000, of which by the public resolution of April 13, 1939 (Public be available to the National Endowment for the $1,900,000 for the museum’s repair and rehabili- Resolution 9, Seventy-sixth Congress), including Humanities for support of activities in the hu- tation program and $1,264,000 for the museum’s services as authorized by 5 U.S.C. 3109; payment manities, pursuant to section 7(c) of the Act, exhibitions program shall remain available until in advance when authorized by the treasurer of and for administering the functions of the Act, expended. the Gallery for membership in library, museum, to remain available until expended. PRESIDIO TRUST and art associations or societies whose publica- MATCHING GRANTS PRESIDIO TRUST FUND tions or services are available to members only, For necessary expenses to carry out title I of or to members at a price lower than to the gen- To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the the Omnibus Parks and Public Lands Manage- eral public; purchase, repair, and cleaning of ment Act of 1996, $20,700,000 shall be available uniforms for guards, and uniforms, or allow- Humanities Act of 1965, as amended, $16,122,000, to remain available until expended, of which to the Presidio Trust, to remain available until ances therefor, for other employees as author- expended. ized by law (5 U.S.C. 5901–5902); purchase or $10,436,000 shall be available to the National TITLE III—GENERAL PROVISIONS rental of devices and services for protecting Endowment for the Humanities for the purposes buildings and contents thereof, and mainte- of section 7(h): Provided, That this appropria- SEC. 301. The expenditure of any appropria- nance, alteration, improvement, and repair of tion shall be available for obligation only in tion under this Act for any consulting service buildings, approaches, and grounds; and pur- such amounts as may be equal to the total through procurement contract, pursuant to 5 chase of services for restoration and repair of amounts of gifts, bequests, and devises of U.S.C. 3109, shall be limited to those contracts works of art for the National Gallery of Art by money, and other property accepted by the where such expenditures are a matter of public contracts made, without advertising, with indi- chairman or by grantees of the Endowment record and available for public inspection, ex- viduals, firms, or organizations at such rates or under the provisions of subsections 11(a)(2)(B) cept where otherwise provided under existing prices and under such terms and conditions as and 11(a)(3)(B) during the current and pre- law, or under existing Executive Order issued the Gallery may deem proper, $85,650,000, of ceding fiscal years for which equal amounts pursuant to existing law. SEC. 302. No part of any appropriation con- which not to exceed $3,026,000 for the special ex- have not previously been appropriated. tained in this Act shall be available for any ac- hibition program shall remain available until ADMINISTRATIVE PROVISIONS tivity or the publication or distribution of lit- expended. None of the funds appropriated to the Na- erature that in any way tends to promote public REPAIR, RESTORATION AND RENOVATION OF tional Foundation on the Arts and the Human- support or opposition to any legislative proposal BUILDINGS ities may be used to process any grant or con- on which congressional action is not complete. For necessary expenses of repair, restoration tract documents which do not include the text of SEC. 303. No part of any appropriation con- and renovation of buildings, grounds and facili- 18 U.S.C. 1913: Provided, That none of the funds tained in this Act shall remain available for ob- ties owned or occupied by the National Gallery appropriated to the National Foundation on the ligation beyond the current fiscal year unless of Art, by contract or otherwise, as authorized, Arts and the Humanities may be used for offi- expressly so provided herein. $11,600,000, to remain available until expended: cial reception and representation expenses: Pro- SEC. 304. None of the funds provided in this Provided, That contracts awarded for environ- vided further, That funds from nonappropriated Act to any department or agency shall be obli- mental systems, protection systems, and exterior sources may be used as necessary for official re- gated or expended to provide a personal cook, repair or renovation of buildings of the National ception and representation expenses: Provided chauffeur, or other personal servants to any of- Gallery of Art may be negotiated with selected further, That the Chairperson of the National ficer or employee of such department or agency contractors and awarded on the basis of con- Endowment for the Arts may approve grants up except as otherwise provided by law. tractor qualifications as well as price. to $10,000, if in the aggregate this amount does SEC. 305. No assessments may be levied against JOHN F. KENNEDY CENTER FOR THE PERFORMING not exceed 5 percent of the sums appropriated any program, budget activity, subactivity, or ARTS for grant-making purposes per year: Provided project funded by this Act unless notice of such further, That such small grant actions are taken assessments and the basis therefor are presented OPERATIONS AND MAINTENANCE pursuant to the terms of an expressed and direct to the Committees on Appropriations and are For necessary expenses for the operation, delegation of authority from the National Coun- approved by such committees. maintenance and security of the John F. Ken- cil on the Arts to the Chairperson. SEC. 306. None of the funds in this Act may be nedy Center for the Performing Arts, $16,560,000. COMMISSION OF FINE ARTS used to plan, prepare, or offer for sale timber CONSTRUCTION from trees classified as giant sequoia SALARIES AND EXPENSES For necessary expenses for capital repair and (Sequoiadendron giganteum) which are located For expenses made necessary by the Act estab- restoration of the existing features of the build- on National Forest System or Bureau of Land lishing a Commission of Fine Arts (40 U.S.C. ing and site of the John F. Kennedy Center for Management lands in a manner different than 104), $1,422,000: Provided, That the Commission the Performing Arts, $16,000,000, to remain such sales were conducted in fiscal year 2003. is authorized to charge fees to cover the full available until expended. SEC. 307. (a) LIMITATION OF FUNDS.—None of costs of its publications, and such fees shall be the funds appropriated or otherwise made avail- WOODROW WILSON INTERNATIONAL CENTER FOR credited to this account as an offsetting collec- able pursuant to this Act shall be obligated or SCHOLARS tion, to remain available until expended without expended to accept or process applications for a SALARIES AND EXPENSES further appropriation. patent for any mining or mill site claim located For expenses necessary in carrying out the NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS under the general mining laws. (b) EXCEPTIONS.—The provisions of subsection provisions of the Woodrow Wilson Memorial Act For necessary expenses as authorized by Pub- (a) shall not apply if the Secretary of the Inte- of 1968 (82 Stat. 1356) including hire of pas- lic Law 99–190 (20 U.S.C. 956(a)), as amended, rior determines that, for the claim concerned: (1) senger vehicles and services as authorized by 5 $6,000,000. U.S.C. 3109, $8,604,000. a patent application was filed with the Sec- ADVISORY COUNCIL ON HISTORIC PRESERVATION NATIONAL FOUNDATION ON THE ARTS AND THE retary on or before September 30, 1994; and (2) HUMANITIES SALARIES AND EXPENSES all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 NATIONAL ENDOWMENT FOR THE ARTS For necessary expenses of the Advisory Coun- cil on Historic Preservation (Public Law 89–665, and 30) for vein or lode claims and sections 2329, GRANTS AND ADMINISTRATION as amended), $4,000,000: Provided, That none of 2330, 2331, and 2333 of the Revised Statutes (30 For necessary expenses to carry out the Na- these funds shall be available for compensation U.S.C. 35, 36, and 37) for placer claims, and sec- tional Foundation on the Arts and the Human- of level V of the Executive Schedule or higher tion 2337 of the Revised Statutes (30 U.S.C. 42) ities Act of 1965, as amended, $117,480,000, shall positions. for mill site claims, as the case may be, were be available to the National Endowment for the fully complied with by the applicant by that NATIONAL CAPITAL PLANNING COMMISSION Arts for the support of projects and productions date. in the arts through assistance to organizations SALARIES AND EXPENSES (c) REPORT.—On September 30, 2004, the Sec- and individuals pursuant to sections 5(c) and For necessary expenses, as authorized by the retary of the Interior shall file with the House 5(g) of the Act, including $17,000,000 for support National Capital Planning Act of 1952 (40 and Senate Committees on Appropriations and of arts education and public outreach activities U.S.C. 71–71i), including services as authorized the Committee on Resources of the House of through the Challenge America program, for by 5 U.S.C. 3109, $8,030,000: Provided, That for Representatives and the Committee on Energy program support, and for administering the fiscal year 2004 and thereafter, all appointed and Natural Resources of the Senate a report on functions of the Act, to remain available until members of the Commission will be compensated actions taken by the Department under the plan expended: Provided, That funds previously ap- at a rate not to exceed the daily equivalent of submitted pursuant to section 314(c) of the De- propriated to the National Endowment for the the annual rate of pay for positions at level IV partment of the Interior and Related Agencies Arts ‘‘Matching Grants’’ account and ‘‘Chal- of the Executive Schedule for each day such Appropriations Act, 1997 (Public Law 104–208).

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(d) MINERAL EXAMINATIONS.—In order to and Budget, and revised annually in accord- erate telephone answering machines during core process patent applications in a timely and re- ance with section 673(2) of the Community Serv- business hours unless such answering machines sponsible manner, upon the request of a patent ices Block Grant Act (42 U.S.C. 9902(2)) (appli- include an option that enables callers to reach applicant, the Secretary of the Interior shall cable to a family of the size involved. promptly an individual on-duty with the agency allow the applicant to fund a qualified third- (c) In providing services and awarding finan- being contacted. party contractor to be selected by the Bureau of cial assistance under the National Foundation SEC. 318. No timber sale in Region 10 shall be Land Management to conduct a mineral exam- on the Arts and Humanities Act of 1965 with advertised if the indicated rate is deficit when ination of the mining claims or mill sites con- funds appropriated by this Act, the Chairperson appraised using a residual value approach that tained in a patent application as set forth in of the National Endowment for the Arts shall assigns domestic Alaska values for western subsection (b). The Bureau of Land Manage- ensure that priority is given to providing serv- redcedar. Program accomplishments shall be ment shall have the sole responsibility to choose ices or awarding financial assistance for based on volume sold. Should Region 10 sell, in and pay the third-party contractor in accord- projects, productions, workshops, or programs fiscal year 2003, the annual average portion of ance with the standard procedures employed by that will encourage public knowledge, edu- the decadal allowable sale quantity called for in the Bureau of Land Management in the reten- cation, understanding, and appreciation of the the current Tongass Land Management Plan in tion of third-party contractors. arts. sales which are not deficit when appraised SEC. 308. Notwithstanding any other provision (d) With funds appropriated by this Act to using a residual value approach that assigns of law, amounts appropriated to or earmarked carry out section 5 of the National Foundation domestic Alaska values for western redcedar, all in committee reports for the Bureau of Indian on the Arts and Humanities Act of 1965— of the western redcedar timber from those sales (1) the Chairperson shall establish a grant Affairs and the Indian Health Service by Public which is surplus to the needs of domestic proc- category for projects, productions, workshops, Laws 103–138, 103–332, 104–134, 104–208, 105–83, essors in Alaska, shall be made available to do- or programs that are of national impact or 105–277, 106–113, 106–291, and 107–63, for pay- mestic processors in the contiguous 48 United availability or are able to tour several States; ments to tribes and tribal organizations for con- States at prevailing domestic prices. Should Re- tract support costs associated with self-deter- (2) the Chairperson shall not make grants ex- ceeding 15 percent, in the aggregate, of such gion 10 sell, in fiscal year 2003, less than the an- mination or self-governance contracts, grants, nual average portion of the decadal allowable compacts, or annual funding agreements with funds to any single State, excluding grants made under the authority of paragraph (1); sale quantity called for in the Tongass Land the Bureau of Indian Affairs or the Indian Management Plan in sales which are not deficit Health Service as funded by such Acts, are the (3) the Chairperson shall report to the Con- gress annually and by State, on grants awarded when appraised using a residual value ap- total amounts available for fiscal years 1994 proach that assigns domestic Alaska values for through 2003 for such purposes, except that, for by the Chairperson in each grant category western redcedar, the volume of western the Bureau of Indian Affairs, tribes and tribal under section 5 of such Act; and redcedar timber available to domestic processors organizations may use their tribal priority allo- (4) the Chairperson shall encourage the use of at prevailing domestic prices in the contiguous cations for unmet indirect costs of ongoing con- grants to improve and support community-based 48 United States shall be that volume: (i) which tracts, grants, self-governance compacts or an- music performance and education. SEC. 312. No part of any appropriation con- is surplus to the needs of domestic processors in nual funding agreements. tained in this Act shall be expended or obligated Alaska, and (ii) is that percent of the surplus SEC. 309. Of the funds provided to the Na- tional Endowment for the Arts— to complete and issue the 5-year program under western redcedar volume determined by calcu- (1) The Chairperson shall only award a grant the Forest and Rangeland Renewable Resources lating the ratio of the total timber volume which to an individual if such grant is awarded to Planning Act. has been sold on the Tongass to the annual av- EC. 313. None of the funds in this Act may be such individual for a literature fellowship, Na- S erage portion of the decadal allowable sale used to support Government-wide administrative tional Heritage Fellowship, or American Jazz quantity called for in the current Tongass Land functions unless such functions are justified in Masters Fellowship. Management Plan. The percentage shall be cal- (2) The Chairperson shall establish procedures the budget process and funding is approved by culated by Region 10 on a rolling basis as each to ensure that no funding provided through a the House and Senate Committees on Appropria- sale is sold (for purposes of this amendment, a grant, except a grant made to a State or local tions. ‘‘rolling basis’’ shall mean that the determina- SEC. 314. Notwithstanding any other provision arts agency, or regional group, may be used to tion of how much western redcedar is eligible for of law, none of the funds in this Act may be make a grant to any other organization or indi- sale to various markets shall be made at the time used for GSA Telecommunication Centers. vidual to conduct activity independent of the di- each sale is awarded). Western redcedar shall be SEC. 315. Notwithstanding any other provision rect grant recipient. Nothing in this subsection deemed ‘‘surplus to the needs of domestic proc- of law, for fiscal year 2004 the Secretaries of Ag- shall prohibit payments made in exchange for essors in Alaska’’ when the timber sale holder riculture and the Interior are authorized to limit goods and services. has presented to the Forest Service documenta- competition for watershed restoration project (3) No grant shall be used for seasonal support tion of the inability to sell western redcedar logs contracts as part of the ‘‘Jobs in the Woods’’ to a group, unless the application is specific to from a given sale to domestic Alaska processors Program established in Region 10 of the Forest the contents of the season, including identified at a price equal to or greater than the log selling Service to individuals and entities in historically programs and/or projects. value stated in the contract. All additional timber-dependent areas in the States of Wash- SEC. 310. The National Endowment for the western redcedar volume not sold to Alaska or ington, Oregon, northern California, Idaho, Arts and the National Endowment for the Hu- contiguous 48 United States domestic processors Montana, and Alaska that have been affected manities are authorized to solicit, accept, re- may be exported to foreign markets at the elec- by reduced timber harvesting on Federal lands. ceive, and invest in the name of the United tion of the timber sale holder. All Alaska yellow The Secretaries shall consider the benefits to the States, gifts, bequests, or devises of money and cedar may be sold at prevailing export prices at local economy in evaluating bids and designing other property or services and to use such in the election of the timber sale holder. procurements which create economic opportuni- furtherance of the functions of the National En- SEC. 319. A project undertaken by the Forest dowment for the Arts and the National Endow- ties for local contractors. SEC. 316. Amounts deposited during fiscal year Service under the Recreation Fee Demonstration ment for the Humanities. Any proceeds from Program as authorized by section 315 of the De- such gifts, bequests, or devises, after acceptance 2003 in the roads and trails fund provided for in the 14th paragraph under the heading ‘‘FOR- partment of the Interior and Related Agencies by the National Endowment for the Arts or the Appropriations Act for Fiscal Year 1996, as National Endowment for the Humanities, shall EST SERVICE’’ of the Act of March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by the amended, shall not result in— be paid by the donor or the representative of the (1) displacement of the holder of an author- donor to the Chairman. The Chairman shall Secretary of Agriculture, without regard to the State in which the amounts were derived, to re- ization to provide commercial recreation services enter the proceeds in a special interest-bearing on Federal lands. Prior to initiating any project, account to the credit of the appropriate endow- pair or reconstruct roads, bridges, and trails on National Forest System lands or to carry out the Secretary shall consult with potentially af- ment for the purposes specified in each case. fected holders to determine what impacts the SEC. 311. (a) In providing services or awarding and administer projects to improve forest health project may have on the holders. Any modifica- financial assistance under the National Foun- conditions, which may include the repair or re- tions to the authorization shall be made within dation on the Arts and the Humanities Act of construction of roads, bridges, and trails on Na- the terms and conditions of the authorization 1965 from funds appropriated under this Act, tional Forest System lands in the wildland-com- and authorities of the impacted agency; the Chairperson of the National Endowment for munity interface where there is an abnormally (2) the return of a commercial recreation serv- the Arts shall ensure that priority is given to high risk of fire. The projects shall emphasize ice to the Secretary for operation when such providing services or awarding financial assist- reducing risks to human safety and public services have been provided in the past by a pri- ance for projects, productions, workshops, or health and property and enhancing ecological vate sector provider, except when— programs that serve underserved populations. functions, long-term forest productivity, and bi- (A) the private sector provider fails to bid on (b) In this section: ological integrity. The projects may be com- (1) The term ‘‘underserved population’’ means pleted in a subsequent fiscal year. Funds shall such opportunities; a population of individuals, including urban mi- not be expended under this section to replace (B) the private sector provider terminates its norities, who have historically been outside the funds which would otherwise appropriately be relationship with the agency; or purview of arts and humanities programs due to expended from the timber salvage sale fund. (C) the agency revokes the permit for non- factors such as a high incidence of income below Nothing in this section shall be construed to ex- compliance with the terms and conditions of the the poverty line or to geographic isolation. empt any project from any environmental law. authorization. (2) The term ‘‘poverty line’’ means the poverty SEC. 317. Other than in emergency situations, In such cases, the agency may use the Recre- line (as defined by the Office of Management none of the funds in this Act may be used to op- ation Fee Demonstration Program to provide for

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12019 operations until a subsequent operator can be which time such permit or lease may be can- the terms ‘‘rural community’’ and ‘‘economically found through the offering of a new prospectus. celed, suspended or modified, in whole or in disadvantaged’’ shall have the same meanings SEC. 320. Prior to October 1, 2004, the Sec- part, to meet the requirements of such applica- as in section 2374 of Public Law 101–624: Pro- retary of Agriculture shall not be considered to ble laws and regulations. Nothing in this section vided further, That the Secretaries shall develop be in violation of subparagraph 6(f)(5)(A) of the shall be deemed to alter the statutory authority guidance to implement this section: Provided Forest and Rangeland Renewable Resources of the Secretary of the Interior or the Secretary further, That nothing in this section shall be Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) of Agriculture: Provided, That where National construed as relieving the Secretaries of any solely because more than 15 years have passed Forest System lands are involved and the Sec- duty under applicable procurement laws, except without revision of the plan for a unit of the retary of Agriculture has renewed an expired or as provided in this section. National Forest System. Nothing in this section waived grazing permit prior to or during fiscal SEC. 329. LOCAL EXEMPTIONS FROM FOREST exempts the Secretary from any other require- year 2004, the terms and conditions of the re- SERVICE DEMONSTRATION PROGRAM FEES. Sec- ment of the Forest and Rangeland Renewable newed grazing permit shall remain in effect tion 6906 of Title 31, United States Code, is Resources Planning Act (16 U.S.C. 1600 et seq.) until such time as the Secretary of Agriculture amended— or any other law: Provided, That if the Sec- completes processing of the renewed permit in (1) by inserting ‘‘(a) IN GENERAL.—’’ before retary is not acting expeditiously and in good compliance with all applicable laws and regula- ‘‘Necessary’’; and faith, within the funding available, to revise a tions or until the expiration of the renewed per- (2) by adding at the end the following: plan for a unit of the National Forest System, mit, whichever comes first. Upon completion of ‘‘(b) LOCAL EXEMPTIONS FROM DEMONSTRA- this section shall be void with respect to such the processing, the permit may be canceled, sus- TION PROGRAM FEES.— plan and a court of proper jurisdiction may pended or modified, in whole or in part, to meet ‘‘(1) IN GENERAL.—Each unit of general local order completion of the plan on an accelerated the requirements of applicable laws and regula- government that lies in whole or in part within basis. tions: Provided further, That beginning in No- the White Mountain National Forest and per- SEC. 321. No funds provided in this Act may be vember 2004, and every year thereafter, the Sec- sons residing within the boundaries of that unit expended to conduct preleasing, leasing and re- retaries of the Interior and Agriculture shall re- of general local government shall be exempt dur- lated activities under either the Mineral Leasing port to Congress the extent to which they are ing that fiscal year from any requirement to pay Act (30 U.S.C. 181 et seq.) or the Outer Conti- completing analysis required under applicable a Demonstration Program Fee (parking permit nental Shelf Lands Act (43 U.S.C. 1331 et seq.) laws prior to the expiration of grazing permits, or passport) imposed by the Secretary of Agri- within the boundaries of a National Monument and beginning in May 2004, and two years culture for access to the Forest. established pursuant to the Act of June 8, 1906 thereafter, the Secretaries shall provide Con- ‘‘(2) ADMINISTRATION.—The Secretary of Agri- (16 U.S.C. 431 et seq.) as such boundary existed gress recommendations for legislative provisions culture shall establish a method of identifying on January 20, 2001, except where such activi- necessary to ensure all permit renewals are com- persons who are exempt from paying user fees ties are allowed under the Presidential procla- pleted in a timely manner. The legislative rec- under paragraph (1). This method may include mation establishing such monument. ommendations provided shall be consistent with valid form of identification including a drivers SEC. 322. Employees of the foundations estab- the funding levels requested in the Secretaries’ license.’’. lished by Acts of Congress to solicit private sec- budget proposals: Provided further, That not- SEC. 330. IMPLEMENTATION OF GALLATIN LAND tor funds on behalf of Federal land management withstanding section 504 of the Rescissions Act CONSOLIDATION ACT OF 1998. (a) DEFINITIONS.— agencies shall, in fiscal year 2005, qualify for (109 Stat. 212), the Secretaries in their sole dis- For purposes of this section: General Service Administration contract air- cretion determine the priority and timing for (1) ‘‘Gallatin Land Consolidation Act of 1998’’ fares. completing required environmental analysis of means Public Law 105–267 (112 Stat. 2371). (2) ‘‘Option Agreement’’ has the same mean- SEC. 323. In entering into agreements with for- grazing allotments based on the environmental ing as defined in section 3(6) of the Gallatin eign countries pursuant to the Wildfire Suppres- significance of the allotments and funding Land Consolidation Act of 1998. sion Assistance Act (42 U.S.C. 1856m) the Sec- available to the Secretaries for this purpose. (3) ‘‘Secretary’’ means the Secretary of Agri- retary of Agriculture and the Secretary of the SEC. 325. Notwithstanding any other provision Interior are authorized to enter into reciprocal of law or regulation, to promote the more effi- culture. (4) ‘‘Excess receipts’’ means National Forest agreements in which the individuals furnished cient use of the health care funding allocation Fund receipts from the National Forests in Mon- under said agreements to provide wildfire serv- for fiscal year 2004, the Eagle Butte Service Unit tana, which are identified and adjusted by the ices are considered, for purposes of tort liability, of the Indian Health Service, at the request of Forest Service within the fiscal year, and which employees of the country receiving said services the Cheyenne River Sioux Tribe, may pay base are in excess of funds retained for: the Salvage when the individuals are engaged in fire sup- salary rates to health professionals up to the Sale Fund; the Knutson-Vandenberg Fund; the pression: Provided, That the Secretary of Agri- highest grade and step available to a physician, Purchaser Road/Specified Road Credits; the culture or the Secretary of the Interior shall not pharmacist, or other health professional and Twenty-Five Percent Fund, as amended; the enter into any agreement under this provision may pay a recruitment or retention bonus of up Ten Percent Road and Trail Fund; the Timber unless the foreign country (either directly or to 25 percent above the base pay rate. Sale Pipeline Restoration Fund; the Fifty Per- through its fire organization) agrees to assume SEC. 326. None of the funds made available in any and all liability for the acts or omissions of this Act may be transferred to any department, cent Grazing Class A Receipts Fund; and the American firefighters engaged in firefighting in agency, or instrumentality of the United States Land and Water Conservation Fund Recreation a foreign country: Provided further, That when Government except pursuant to a transfer made User Fees Receipts—Class A Fund. (5) ‘‘Special Account’’ means the special ac- an agreement is reached for furnishing fire by, or transfer authority provided in, this Act or count referenced in section 4(c)(2) of the Gal- fighting services, the only remedies for acts or any other appropriations Act. latin Land Consolidation Act of 1998. omissions committed while fighting fires shall be SEC. 327. None of the funds made available in (6) ‘‘Eastside National Forests’’ has the same those provided under the laws of the host coun- this Act may be used for the planning, design, meaning as in section 3(4) of the Gallatin Land try, and those remedies shall be the exclusive or construction of improvements to Pennsyl- Consolidation Act of 1998. remedies for any claim arising out of fighting vania Avenue in front of the White House with- (b) SPECIAL ACCOUNT.— fires in a foreign country: Provided further, out the advance approval of the Committees on (1) The Secretary is authorized and directed, That neither the sending country nor any legal Appropriations. without further appropriation or reprogramming SEC. 328. In awarding a Federal Contract with organization associated with the firefighter of funds, to transfer to the Special Account funds made available by this Act, the Secretary shall be subject to any legal action whatsoever these enumerated funds and receipts in the fol- of Agriculture and the Secretary of the Interior pertaining to or arising out of the firefighter’s lowing order: role in fire suppression. (the ‘‘Secretaries’’) may, in evaluating bids and (A) timber sale receipts from the Gallatin Na- SEC. 324. A grazing permit or lease issued by proposals, give consideration to local contrac- tional Forest and other Eastside National For- the Secretary of the Interior or a grazing permit tors who are from, and who provide employment ests, as such receipts are referenced in section issued by the Secretary of Agriculture where and training for, dislocated and displaced work- 4(a)(2)(C) of the Gallatin Land Consolidation National Forest System lands are involved that ers in an economically disadvantaged rural com- Act of 1998; expires, is transferred, or waived during fiscal munity, including those historically timber-de- (B) any available funds heretofore appro- years 2004–2008 shall be renewed under section pendent areas that have been affected by re- priated for the acquisition of lands for National 402 of the Federal Land Policy and Manage- duced timber harvesting on Federal lands and Forest purposes in the State of Montana ment Act of 1976, as amended (43 U.S.C. 1752), other forest-dependent rural communities iso- through fiscal year 2003; section 19 of the Granger-Thye Act, as amended lated from significant alternative employment (C) net receipts from the conveyance of lands (16 U.S.C. 5801), title III of the Bankhead-Jones opportunities: Provided, That the Secretaries on the Gallatin National Forest as authorized Farm Tenant Act (7 U.S.C. 1010 et seq.), or, if may award grants or cooperative agreements to by subsection (c); and, applicable, section 510 of the California Desert local non-profit entities, Youth Conservation (D) excess receipts for fiscal years 2003 Protection Act (16 U.S.C. 410aaa–50). The terms Corps or related partnerships with State, local through 2008. and conditions contained in the expired, trans- or non-profit youth groups, or small or dis- (2) All funds in the Special Account shall be ferred, or waived permit or lease shall continue advantaged business: Provided further, That the available to the Secretary until expended, with- in effect under the renewed permit or lease until contract, grant, or cooperative agreement is for out further appropriation, and will be expended such time as the Secretary of the Interior or Sec- forest hazardous fuels reduction, watershed or prior to the end of fiscal year 2008 for the fol- retary of Agriculture as appropriate completes water quality monitoring or restoration, wildlife lowing purposes: processing of such permit or lease in compliance or fish population monitoring, or habitat res- (A) the completion of the land acquisitions with all applicable laws and regulations, at toration or management: Provided further, That authorized by the Gallatin Land Consolidation

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Act of 1998 and fulfillment of the Option Agree- (d) MISCELLANEOUS PROVISIONS.— tion of the Forest Service administrative appeals ment, as may be amended from time to time; (1) Receipts from any sale or exchange pursu- process (36 C.F.R. 215) or within 30 days of en- and, ant to subsection (c) of this section: actment of this Act if the administrative appeals (B) the acquisition of lands for which acquisi- (A) shall not be deemed excess receipts for process has been exhausted prior to enactment tion funds were transferred to the Special Ac- purposes of this section; of this Act, and the Forest Service shall strictly count pursuant to subsection (b)(1)(B). (B) shall not be paid or distributed to the comply with the schedule for completion of ad- (3) The Special Account shall be closed at the State or counties under any provision of law, or ministrative action; end of fiscal year 2008 and any monies remain- otherwise deemed as moneys received from the (2) be completed and a decision rendered by ing in the Special Account shall be transferred National Forest for purposes of the Act of May the court not later than 180 days from the date to the fund established under Public Law 90–171 23, 1908 or the Act of March 1, 1911 (16 U.S.C. such request for review is filed; if a decision is (commonly known as the ‘‘Sisk Act’’, 16 U.S.C. § 500, as amended), or the Act of March 4, 1913 not rendered by the court within 180 days as re- § 484a) to remain available, until expended, for (16 U.S.C. § 501, as amended). quired by this subsection, the Secretary of Agri- the acquisition of lands for National Forest pur- (2) As of the date of enactment of this section, culture shall petition the court to proceed with poses in the State of Montana. any public land order withdrawing land de- the action. (4) Funds deposited in the Special Account or scribed in subsection (c)(1) from all forms of ap- SEC. 334. (a) IN GENERAL.—Notwithstanding eligible for deposit shall not be subject to trans- propriation under the public land laws is re- any other provision of law, the Secretary of Ag- fer or reprogramming for wildland fire manage- voked with respect to any portion of the land riculture may cancel, with the consent of the ment or any other emergency purposes. conveyed by the Secretary under this section. timber purchaser, any contract for the sale of (c) LAND CONVEYANCES WITHIN THE GALLATIN (3) Subject to valid existing rights, all lands timber in Alaska if— NATIONAL FOREST.— described in section (c)(1) are withdrawn from (1) the Secretary determines, in the Sec- (1) CONVEYANCE AUTHORITY.—The Secretary is location, entry, and patent under the mining retary’s sole discretion, that the sale is uneco- authorized, under such terms and conditions as laws of the United States. nomical to perform; and the Secretary may prescribe and without re- (4) The Agriculture Property Management (2) the timber purchaser agrees to— quirements for further administrative or envi- Regulations shall not apply to any action taken (A) terminate its rights under the contract; ronmental analyses or examination, to sell or pursuant to this section. and exchange any or all rights, title, and interests of (e) OPTION AGREEMENT AMENDMENT.—The (B) release the United States from all liability, the United States in the following lands within Amendment No. 1 to the Option Agreement is including further consideration or compensation the Gallatin National Forest in the State of hereby ratified as a matter of Federal law and resulting from such cancellation. Montana: the parties to it are authorized to effect the (b) EFFECT OF CANCELLATION.— (A) SMC East Boulder Mine Portal Tract: terms and conditions thereof. (1) IN GENERAL.—The United States shall not Principal Meridian, T.3S., R.11E., Section 4, lots SEC. 331. TRANSFER OF FOREST LEGACY PRO- surrender any claim against a timber purchaser 3 to 4 inclusive, W1⁄2SE1⁄4NW1⁄4, containing 76.27 GRAM LAND. Section 7(l) of the Cooperative For- that arose under a contract before cancellation acres more or less. estry Assistance Act of 1978 (16 U.S.C. 2103c(l)) under this section not in connection with the (B) Forest Service West Yellowstone Adminis- is amended by inserting after paragraph (2) the cancellation. trative Site: U.S. Forest Service Administrative following: (2) LIMITATION.—Cancellation of a contract Site located within the NE1⁄4 of Block 17 of the ‘‘(3) TRANSFER OF FOREST LEGACY PROGRAM under this section shall release the timber pur- Townsite of West Yellowstone which is situated LAND.— chaser from liability for any damages resulting in the N1⁄2 of Section 34, T.13S., R.5E., Principal ‘‘(A) IN GENERAL.—Subject to any terms and from cancellation of such contract. Meridian, Gallatin County, Montana, con- conditions that the Secretary may require (in- (c) TIMBER AVAILABLE FOR RESALE.—Timber taining 1.04 acres more or less. cluding the requirements described in subpara- included in a contract cancelled under this sec- (C) Mill Fork Mission Creek Tract: Principal graph (B)), the Secretary may, at the request of tion shall be available for resale by the Sec- Meridian, T.13S., R.5E., Section 34, NW1⁄4SW1⁄4, a participating State, convey to the State, by retary of Agriculture. containing 40 acres more or less. quitclaim deed, without consideration, any land SEC. 335. Funds appropriated for the Green (D) West Yellowstone Town Expansion Tract or interest in land acquired in the State under Mountain National Forest previously or in this #1: Principal Meridian, T.13S., R.5E., Section the Forest Legacy Program. Act may be used for the acquisition of lands in 33, E1⁄2E1⁄2NE1⁄4, containing 40 acres more or less. ‘‘(B) REQUIREMENTS.—In conveying land or the Blueberry Lake area. (E) West Yellowstone Town Expansion Tract an interest in land under subparagraph (A), the SEC. 336. ELECTRIC THERMAL STORAGE TECH- #2: Principal Meridian, T.13S., R.5E., Section Secretary may require that— NOLOGY. Section 412(9) of the Energy Conserva- 33, NE1⁄4SE1⁄4, containing 40 acres more or less. ‘‘(i) the deed conveying the land or interest in tion in Existing Buildings Act of 1976 (42 U.S.C. (2) DESCRIPTIONS.—The Secretary may modify land include requirements for the management 6862(9)) is amended— the descriptions in subsection (c)(1) to correct of the land in a manner that— (1) in subparagraph (I), by striking ‘‘and’’ at errors or to reconfigure the properties in order to ‘‘(I) conserves the land or interest in land; the end; facilitate a conveyance. and (2) by redesignating subparagraph (J) as sub- (3) CONSIDERATION.—Consideration for a sale ‘‘(II) is consistent with any other Forest Leg- paragraph (K); and or exchange of land under this subsection may acy Program purposes for which the land or in- (3) by inserting after subparagraph (I) the fol- include cash, land, or a combination of both. terest in land was acquired; lowing: (4) VALUATION.—Any appraisals of land ‘‘(ii) if the land or interest in land is subse- ‘‘(J) electric thermal storage technology; deemed necessary or desirable by the Secretary quently sold, exchanged, or otherwise disposed and’’. to carry out the purposes of this section shall of by the State, the State shall— SEC. 337. ZORTMAN/LANDUSKY MINE RECLAMA- conform to the Uniform Appraisal Standards for ‘‘(I) reimburse the Secretary in an amount TION TRUST FUND. (a) ESTABLISHMENT.—There Federal Land Acquisitions. that is based on the current market value of the is established in the Treasury of the United (5) CASH EQUALIZATION.—Notwithstanding land or interest in land in proportion to the States a fund to be known as the ‘‘Zortman/ any other provision of law, the Secretary may amount of consideration paid by the United Landusky Mine Reclamation Trust Fund’’ (re- accept a cash equalization payment in excess of States for the land or interest in land; or ferred to in this section as the ‘‘Fund’’). 25 percent of the value of any land exchanged ‘‘(II) convey to the Secretary land or an inter- (b) DEPOSIT.—For the fiscal year during under this subsection. est in land that is equal in value to the land or which this Act is enacted and each fiscal year (6) SOLICITATIONS OF OFFERS.—The Secretary interest in land conveyed. thereafter until the aggregate amount deposited may: ‘‘(C) DISPOSITION OF FUNDS.—Amounts re- in the Fund under this subsection is equal to at (A) solicit offers for sale or exchange of land ceived by the Secretary under subparagraph least $22,500,000, the Secretary of the Treasury under this subsection on such terms and condi- (B)(ii) shall be credited to the Forest Legacy shall deposit $2,250,000 in the Fund. tions as the Secretary may prescribe, or Program account, to remain available until ex- (c) INVESTMENTS.—The Secretary of the Treas- (B) reject any offer made under this sub- pended.’’. ury shall invest the amounts deposited under section if the Secretary determines that the offer SEC. 332. Notwithstanding section 9(b) of Pub- subsection (b) only in interest-bearing obliga- is not adequate or not in the public interest. lic Law 106–506, funds hereinafter appropriated tions of the United States or in obligations guar- (7) METHODS OF SALE.—The Secretary may sell under Public Law 106–506 shall require match- anteed by the United States as to both principal land at public or private sale, including com- ing funds from non-Federal sources on the basis and interest. petitive sale by auction, bid, or otherwise, in ac- of aggregate contribution to the Environmental (d) PAYMENTS.— cordance with such terms, conditions, and pro- Improvement Program, as defined in Public Law (1) IN GENERAL.—All amounts credited as in- cedures as the Secretary determines will be in 106–506, rather than on a project-by-project terest under subsection (c) may be available, the best interests of the United States. basis, except for those activities provided under without fiscal year limitation, to the State of (8) BROKERS.—The Secretary may utilize bro- section 9(c) of that Act, to which this amend- Montana for use in accordance with paragraph kers or other third parties in the disposition of ment shall not apply. (3) after the Fund has been fully capitalized. the land authorized by this subsection and, from SEC. 333. Any application for judicial review (2) WITHDRAWAL AND TRANSFER OF FUNDS.— the proceeds of the sale, may pay reasonable of a Record of Decision for any timber sale in The Secretary of the Treasury shall withdraw commissions or fees on the sale or sales. Region 10 of the Forest Service that had a No- amounts credited as interest under paragraph (9) RECEIPTS FROM SALE OR EXCHANGE.—The tice of Intent prepared on or before January 1, (1) and transfer the amounts to the State of Secretary shall deposit the net receipts of a sale 2003 shall— Montana for use as State funds in accordance or exchange under this subsection in the Special (1) be filed in the Alaska District of the Fed- with paragraph (3) after the Fund has been Account. eral District Court within 30 days after exhaus- fully capitalized.

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(3) USE OF TRANSFERRED FUNDS.—The State of (2) by striking ‘‘and’’ at the end of subpara- SEC. 345. The business size restrictions for the Montana shall use the amounts transferred graph (13); rural business enterprise grants for Oakridge, under paragraph (2) only to supplement funding (3) by striking the period at the end of sub- Oregon do not apply. available from the State Administered paragraph (14) and inserting ‘‘; and’’; and TITLE IV—WILDLAND FIRE EMERGENCY ‘‘Zortman/Landusky Long-Term Water Treat- (4) by adding at the end the following: APPROPRIATIONS ment Trust Fund’’ to fund annual operation ‘‘(15) the term ‘neighborhood electric vehicle’ DEPARTMENT OF THE INTERIOR and maintenance costs for water treatment re- means a motor vehicle that qualifies as both— lated to the Zortman/Landusky mine site and ‘‘(A) a low-speed vehicle, as such term is de- BUREAU OF LAND MANAGEMENT reclamation areas. fined in section 571.3(b) of title 49, Code of Fed- WILDLAND FIRE MANAGEMENT (e) TRANSFERS AND WITHDRAWALS.—The Sec- eral Regulations; and For necessary expenses to repay advances retary of the Treasury may not transfer or with- ‘‘(B) a zero-emission vehicle, as such term is from other appropriations transferred in fiscal draw any amount deposited under subsection defined in section 86.1702–99 of title 40, Code of year 2003 for emergency rehabilitation and wild- (b). Federal Regulations.’’. fire suppression activities of the Department of (f) ADMINISTRATIVE EXPENSES.—There are au- SEC. 341. CONVEYANCE TO THE CITY OF LAS the Interior, $75,000,000 to remain available thorized to be appropriated to the Secretary of VEGAS, NEVADA. Section 705(b) of the Clark until expended: Provided, That the entire the Treasury such sums as are necessary to pay County Conservation of Public Land and Nat- amount is designated by the Congress as an the administrative expenses of the Fund. ural Resources Act of 2002 (116 Stat. 2015) is emergency requirement pursuant to section 502 SEC. 338. LAKE TAHOE RESTORATION amended by striking ‘‘parcels of land’’ and all of House Concurrent Resolution 95, the concur- PROJECTS. Section 4(e)(3)(A) of the Southern Ne- that follows through the period at the end and rent resolution on the budget for fiscal year vada Public Land Management Act of 1998 (112 inserting the following: ‘‘parcel of land identi- 2004: Provided further, That the entire amount Stat. 2346; 116 Stat. 2007) is amended— fied as ‘Tract C’ on the map and the approxi- shall be available only to the extent that an of- (1) in clause (v), by striking ‘‘and’’ at the end; mately 10 acres of land in Clark County, Ne- ficial budget request for $75,000,000, that in- (2) by redesignating clause (vi) as clause (vii); 1 1 vada, described as follows: in the NW ⁄4 SE ⁄4 cludes designation of the entire amount of and 1 SW ⁄4 of section 28, T. 20 S., R. 60 E., Mount $75,000,000 as an emergency requirement as de- (3) by inserting after clause (v) the following: Diablo Base and Meridian.’’. ‘‘(vi) environmental restoration projects under fined in House Concurrent Resolution 95, the SEC. 342. NORTHEAST HOME HEATING OIL RE- concurrent resolution on the budget for fiscal sections 6 and 7 of the Lake Tahoe Restoration SERVE REPORT. Not later than December 1, 2003, Act (114 Stat. 2354) and environmental improve- year 2004, is transmitted by the President to the the Secretary of Energy shall submit to the Com- Congress. ment payments under section 2(g) of Public Law mittee on Energy and Natural Resources of the RELATED AGENCY 96–586 (94 Stat. 3382), in an amount equal to the Senate and the Committee on Resources of the cumulative amounts authorized to be appro- House of Representatives a report that— DEPARTMENT OF AGRICULTURE priated for such projects under those Acts and (1) describes— FOREST SERVICE in accordance with a revision to the Southern (A) the various scenarios under which the WILDLAND FIRE MANAGEMENT Nevada Public Land Management Act of 1998 Northeast Home Heating Oil Reserve may be Implementation Agreement to implement this For necessary expenses to repay advances used; and from other appropriations transferred in fiscal section, which shall include a mechanism to en- (B) the underlying assumptions for each of sure appropriate stakeholders from the States of year 2003 for wildfire suppression and emer- the scenarios; and gency rehabilitation activities of the Forest California and Nevada participate in the proc- (2) includes recommendations for alternative ess to recommend projects for funding; and’’. Service, $325,000,000 to remain available until formulas to determine supply disruption. expended: Provided, That the entire amount is SEC. 339. ACQUISITION OF LAND IN NYE COUN- SEC. 343. CONGAREE SWAMP NATIONAL MONU- TY, NEVADA. (a) IN GENERAL.—Subject to sub- –designated by the Congress as an emergency re- MENT BOUNDARY REVISION. The first section of quirement pursuant to section 502 of House Con- section (c), the Secretary of the Interior (re- Public Law 94–545 (90 Stat. 2517; 102 Stat. 2607) ferred to in this section as the ‘‘Secretary’’) may current Resolution 95, the concurrent resolution is amended— on the budget for fiscal year 2004: Provided fur- acquire by donation all right, title, and interest (1) in subsection (b), by striking the last sen- in and to the parcel of land (including improve- ther, That the entire amount shall be available tence; and only to the extent that an official budget request ments to the land) described in subsection (b). (2) by adding at the end the following: for $325,000,000, that includes designation of the (b) DESCRIPTION OF LAND.—The land referred ‘‘(c) ACQUISITION OF ADDITIONAL LAND.— entire amount of $325,000,000 as an emergency to in subsection (a) is the parcel of land in Nye ‘‘(1) IN GENERAL.—The Secretary may acquire requirement as defined in House Concurrent County, Nevada— by donation, by purchase from a willing seller Resolution 95, the concurrent resolution on the (1) consisting of not more than 15 acres; with donated or appropriated funds, by trans- budget for fiscal year 2004, is transmitted by the (2) comprising a portion of Tract 37 located fer, or by exchange, land or an interest in land President to the Congress. north of the center line of Nevada State High- described in paragraph (2) for inclusion in the way 374; and monument. TITLE V—THE FLATHEAD AND KOOTENAI (3) located in the E1⁄2NW1⁄4, NW1⁄4NE1⁄4 sec. 22, ‘‘(2) DESCRIPTION OF LAND.—The land referred NATIONAL FOREST REHABILITATION ACT T. 12 S., R. 46 E., Mount Diablo Base and Me- to in paragraph (1) is the approximately 4,576 SEC. 501. SHORT TITLE. This title may be cited ridian. acres of land adjacent to the Monument, as de- as the ‘‘Flathead and Kootenai National Forest (c) CONDITIONS.— Rehabilitation Act of 2003’’. (1) IN GENERAL.—The Secretary shall not ac- picted on the map entitled ‘‘Congaree National cept for donation under subsection (a) any land Park Boundary Map’’, numbered 178/80015, and SEC. 502. FINDINGS AND PURPOSE. (a) FIND- or structure if the Secretary determines that the dated August 2003. INGS.—Congress finds that— (1) the Robert Fire and Wedge Fire of 2003 land or structure, or a portion of the land or ‘‘(3) AVAILABILITY OF MAP.—The map referred caused extensive resource damage in the Flat- structure, has or or may be contaminated with— to in paragraph (2) shall be on file and avail- (A) hazardous substances, pollutants, or con- able for public inspection in the appropriate of- head National Forest; taminants, as defined in section 101 of the Com- fices of the National Park Service. (2) the fires of 2000 caused extensive resource prehensive Environmental Response, Compensa- ‘‘(4) BOUNDARY REVISION.—On acquisition of damage on the Kootenai National Forest and tion, and Liability Act of 1980 (42 U.S.C. 9601); the land or an interest in land under paragraph implementation of rehabilitation and recovery or (1), the Secretary shall revise the boundary of projects developed by the agency for the Forest (B) any petroleum substance, fraction, or de- the monument to reflect the acquisition. is critical; rivative. ‘‘(5) ADMINISTRATION.—Any land acquired by (3) the environmental planning and analysis (2) CERTIFICATION.—Before accepting a dona- the Secretary under paragraph (1) shall be ad- to restore areas affected by the Robert Fire and tion of land under subsection (a), the Secretary ministered by the Secretary as part of the monu- Wedge Fire will be completed through a collabo- shall certify that any structures on the land to ment. rative community process; be donated— ‘‘(6) EFFECT.—Nothing in this section— (4) the rehabilitation of burned areas needs to (A) meet all applicable building code require- ‘‘(A) affects the use of private land adjacent be completed in a timely manner in order to re- ments, as determined by an independent con- to the monument; duce the long-term environmental impacts; and tractor; and ‘‘(B) preempts the authority of the State with (5) wildlife and watershed resource values will (B) are in good condition, as determined by respect to the regulation of hunting, fishing, be maintained in areas affected by the Robert the Director of the National Park Service. boating, and wildlife management on private Fire and Wedge Fire while exempting the reha- (d) USE OF LAND.—The parcel of land ac- land or water outside the boundaries of the bilitation effort from certain applications of the quired under subsection (a) shall be used by the monument; or National Environmental Policy Act (NEPA) and Secretary for the development, operation, and ‘‘(C) negatively affects the economic develop- the Clean Water Act (CWA). maintenance of administrative and visitor facili- ment of the areas surrounding the monument. (b) The purpose of this title is to accomplish in ties for Death Valley National Park. ‘‘(d) ACREAGE LIMITATION.—The total acreage a collaborative environment, the planning and SEC. 340. Section 301 of the Energy Policy Act of the monument shall not exceed 26,776 acres.’’. rehabilitation of the Robert Fire and Wedge Fire of 1992 (42 U.S.C. 13211) is amended— SEC. 344. Section 104 (16 U.S.C. 1374) is and to ensure timely implementation of recovery (1) by striking ‘‘or a dual fueled vehicle’’ at amended in subsection (c)(5)(D) by striking ‘‘the and rehabilitation projects on the Kootenai Na- the end of subparagraph (3) and inserting ‘‘, a date of the enactment of the Marine Mammal tional Forest. dual fueled vehicle, or a neighborhood electric Protection Act Amendments of 1994’’ and insert- SEC. 503. REHABILITATION PROJECTS. (a) IN vehicle’’; ing ‘‘February 18, 1997’’. GENERAL.—The Secretary of Agriculture (in this

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title referred to as the ‘‘Secretary’’) may con- SEC. 505. MONITORING REQUIREMENTS. (a) IN 48 South Broadway, Nyack, New York, as the duct projects that the Secretary determines are GENERAL.—The Secretary shall establish a ‘‘Edward O’Grady, Waverly Brown, Peter necessary to rehabilitate and restore, and may multiparty monitoring group consisting of a rep- Paige Post Office Building.’’ conduct salvage harvests on, National Forest resentative number of interested parties, as de- There being no objection, the Senate System lands in the North Fork drainage on the termined by the Secretary, to monitor the per- proceeded to consider the bill. Flathead National Forest, as generally depicted formance and effectiveness of projects conducted on a map entitled ‘‘North Fork Drainage’’ under this title. Mr. DEWINE. I ask unanimous con- which shall be on file and available for public (b) REPORTING REQUIREMENTS.—The sent that the bill be read the third inspection in the Office of Chief, Forest Service, multiparty monitoring group shall prepare an- time and passed, the motion to recon- Washington, D.C. nually a report to the Secretary on the progress sider be laid upon the table, and any (b) PROCEDURE.— of the projects conducted under this title in re- statements relating to this bill be (1) IN GENERAL.—Except as otherwise pro- habilitating and restoring the North Fork drain- printed in the RECORD. vided by this title, the Secretary shall conduct age. The Secretary shall submit the report to the The PRESIDING OFFICER. Without projects under this title in accordance with— Senate Subcommittee on Interior Appropriations objection, it is so ordered. (A) the National Environmental Policy Act (42 of the Senate Committee on Appropriations. U.S.C. 4321 et seq.); and SEC. 506. SUNSET. The authority for the Sec- The bill (S. 1591) was read the third (B) other applicable laws. retary to issue a decision to carry out a project time and passed, as follows: (2) ENVIRONMENTAL ASSESSMENT OR IMPACT under this title shall expire 5 years from the S. 1591 STATEMENT.—If an environmental assessment or date of enactment. Be it enacted by the Senate and House of Rep- an environmental impact statement (pursuant to SEC. 507. IMPLEMENTATION OF RECORDS OF resentatives of the United States of America in section 102(2) of the National Environmental DECISION. The Secretary of Agriculture shall Policy Act (42 U.S.C. 4332(2)) is required for a publish new information regarding forest wide Congress assembled, project under this title, the Secretary shall not estimates of old growth from volume 103 of the SECTION 1. DESIGNATION OF BUILDING. be required to study, develop, or describe any al- administrative record in the case captioned (a) DESIGNATION.—The facility of the ternative to the proposed agency action in the Ecology Center v. Castaneda, CV–02–200–M– United States Postal Service located at 48 environmental assessment or the environmental DWM (D. Mont.) for public comment for a 30- South Broadway, Nyack, New York, and impact statement. day period. The Secretary shall review any com- known as the ‘‘Nyack Post Office’’ shall be (3) PUBLIC COLLABORATION.—To encourage ments received during the comment period and known as the ‘‘Edward O’Grady, Waverly meaningful participation during preparation of decide whether to modify the Records of Deci- Brown, Peter Paige Post Office Building’’. a project under this title, the Secretary shall fa- sion (hereinafter referred to as the ‘‘ROD’s’’) for (b) REFERENCES.—Any reference in a law, cilitate collaboration among the State of Mon- the Pinkham, White Pine, Kelsey-Beaver, Gold/ map, regulation, document, paper, or other tana, local governments, and Indian tribes, and Boulder/Sullivan, and Pink Stone projects on record of the United States to the facility re- participation of interested persons, during the the Kootenai National Forest. The ROD’s, ferred to shall be deemed to be a reference to preparation of each project in a manner con- whether modified or not, shall not be deemed ar- the ‘‘Edward O’Grady, Waverly Brown, Peter sistent with the Implementation Plan for the 10- bitrary and capricious under the NFMA, NEPA Paige Post Office Building’’. year Comprehensive Strategy of a Collaborative or other applicable law as long as each project f Approach for Reducing Wildland Fire Risks to area retains 10 percent designated old growth in Communities and the Environment, dated May the project area. VIDEO VOYEURISM PREVENTION 2002, which was developed pursuant to the con- This Act may be cited as the ‘‘Department of ACT OF 2003 ference report for the Department of the Interior the Interior and Related Agencies Appropria- Mr. DEWINE. Mr. President, I ask and Related Agencies Appropriations Act, 2001 tions Act, 2004’’. unanimous consent that the Senate (House Report 106–646). f (4) COMPLIANCE WITH CLEAN WATER ACT.— proceed to the immediate consider- Consistent with the Clean Water Act (33 U.S.C. MEASURE READ THE FIRST ation of Calendar No. 228, S. 1301. 1251 et seq.) and Montana Code 75–5–703(10)(b), TIME—S. 1657 The PRESIDING OFFICER. The the Secretary is not prohibited from imple- clerk will report the bill by title. Mr. DEWINE. Mr. President, I under- menting projects under this title due to the lack stand that S. 1657, which was intro- The legislative clerk read as follows: of a Total Maximum Daily Load as provided for A bill (S. 1301) to amend title 18, United under section 303(d) of the Clean Water Act (33 duced earlier today, is at the desk. I ask for its first reading. States Code, to prohibit video voyeurism in U.S.C. 1313(d)), except that the Secretary shall the special maritime and territorial jurisdic- comply with any best management practices re- The PRESIDING OFFICER. The tion of the United States, and for other pur- quired by the State of Montana. clerk will report. poses. (5) ENDANGERED SPECIES ACT CONSULTATION.— The legislative clerk read as follows: If a consultation is required under section 7 of There being no objection, the Senate A bill (S. 1657) to amend section 44921 of proceeded to consider the bill, which the Endangered Species Act (16 U.S.C. 1536) for title 49, United States Code, to provide for a project under this title, the Secretary of the arming of cargo pilots against terrorism. had been reported from the Committee Interior shall expedite and give precedence to on the Judiciary with an amendment Mr. DEWINE. I now ask for its second such consultation over any similar requests for to strike all after the enacting clause reading and object to its second read- consultation by the Secretary. and inserting in lieu thereof the fol- (6) ADMINISTRATIVE APPEALS.—Section 322 of ing on this matter. lowing: the Department of the Interior and Related The PRESIDING OFFICER. Objec- Agencies Appropriations Act, 1993 (Public Law tion is heard. [Strike the part shown in black brackets 102–381; 16 U.S.C. 1612 note) and section 215 of The bill will have its second reading and insert the part shown in italic.] title 36, Code of Federal Regulations shall apply on the next legislative day. S. 1301 to projects under this title, except that— Be it enacted by the Senate and House of Rep- f (A) to be eligible to file an appeal, an indi- resentatives of the United States of America in vidual or organization shall submit specific and TO REDESIGNATE THE FACILITY Congress assembled, substantive written comments during the com- OF THE UNITED STATES POSTAL øSECTION 1. SHORT TITLE. ment period; and ø (B) a determination that an emergency situa- SERVICE LOCATED AT 48 SOUTH This Act may be cited as the ‘‘Video tion exists pursuant to section 215.10 of title 36, BROADWAY, NYACK, NEW YORK, Voyeurism Prevention Act of 2003’’. Code of Federal Regulations, shall be made AS THE ‘‘EDWARD O’GRADY, WA- øSEC. 2. PROHIBITION OF VIDEO VOYEURISM. where it is determined that implementation of VERLY BROWN, PETER PAIGE ø(a) IN GENERAL.—Title 18, United States all or part of a decision for a project under this POST OFFICE BUILDING’’ Code, is amended by inserting after chapter title is necessary for relief from— 87 the following new chapter: Mr. DEWINE. I ask unanimous con- (i) adverse affects on soil stability and water ø‘‘CHAPTER 88—PRIVACY sent that the Governmental Affairs quality resulting from vegetation loss; or ø Committee be discharged from further ‘‘Sec. (ii) loss of fish and wildlife habitat. ø‘‘1801. Video voyeurism. SEC. 504. CONTRACTING AND COOPERATIVE consideration of S. 1591, and the Senate ø AGREEMENTS. (a) IN GENERAL.—Notwith- proceed to its immediate consider- ‘‘§ 1801. Video voyeurism standing chapter 63 of title 31, United States ation. ø‘‘(a) Whoever, in the special maritime and Code, the Secretary may enter into contract or The PRESIDING OFFICER. Without territorial jurisdiction of the United States, cooperative agreements to carry out a project having the intent to capture an improper under this title. objection, it is so ordered. The clerk image of an individual, knowingly does so (b) EXEMPTION.—Notwithstanding any other will report the bill by title. under circumstances violating the privacy of provisions of law, the Secretary may limit com- The legislative clerk read as follows: that individual, shall be fined under this petition for a contract or a cooperative agree- A bill (S. 1591) to redesignate the facility of title or imprisoned not more than one year, ment under subsection (a). the United States Postal Service located at or both.

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12023 ø‘‘(b) In this section— bill targets the pernicious practice of FEDERAL MARITIME COMMISSION ø‘‘(1) the term ‘captures’, with respect to invading a person’s privacy through AUTHORIZATION ACT OF 2003 an image, means videotapes, photographs, the surreptitious use of hidden surveil- Mr. DEWINE. I ask unanimous con- films, or records by any electronic means; lance equipment. Specifically, the bill ø‘‘(2) the term ‘improper image’, with re- sent that the Senate proceed to the im- spect to an individual, means an image, cap- makes it a crime to capture an im- mediate consideration of calendar No. tured without the consent of that individual, proper, naked or near-naked image of a 245, S. 1244. of the naked or undergarment clad genitals, person without his or her consent, and The PRESIDING OFFICER. The pubic area, buttocks, or female breast of in such a way as to violate his or her clerk will report the bill by title. that individual; and privacy. Any person found guilty of The legislative clerk read as follows: ø‘‘(3) the term ‘under circumstances vio- video voyeurism as outlined in the bill A bill (S. 1244) to authorize appropriations lating the privacy of that individual’ means may be fined or imprisoned for up to for the Federal Maritime Commission for fis- under circumstances in which the individual one year, or both. cal years 2004 and 2005. exhibits an expectation that the improper image would not be made, in a situation in In recent years, the explosion of There being no objection, the Senate which a reasonable person would be justified micro-camera technology has fed the proceeded to consider the bill which in that expectation.’’. growing phenomenon of video had been reported from the Committee ø(b) AMENDMENT TO PART ANALYSIS.—The voyeurism. Hidden cameras have been on Commerce, Science, and Transpor- table of chapters at the beginning of part I of discovered in bedrooms, bathrooms, tation, with amendments, as follows: title 18, United States Code, is amended by public showers, changing rooms, locker [Strike the part shown in black brackets inserting after the item relating to chapter rooms, and tanning salons, all aimed at and insert the part shown in italic.] 87 the following new item: filming unsuspecting victims in var- S. 1244 ø ¿ ‘‘88. Privacy ...... 1801’’. ious states of undress. Often, the inva- Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE. sion of privacy is exacerbated when resentatives of the United States of America in This Act may be cited as the ‘‘Video Congress assembled, Voyeurism Prevention Act of 2003’’. captured images are posted on the Internet for all the world to see. SECTION 1. SHORT TITLE. SEC. 2. PROHIBITION OF VIDEO VOYEURISM. This Act may be cited as the ‘‘Federal (a) IN GENERAL.—Title 18, United States Code, I commend Senators DEWINE and Maritime Commission Authorization Act of is amended by inserting after chapter 87 the fol- SCHUMER for bringing this invasive 2003’’. lowing new chapter: practice to the attention of the Judici- SEC. 2. AUTHORIZATION OF APPROPRIATIONS ‘‘CHAPTER 88—VIDEO VOYEURISM ary Committee, and for crafting a bill FOR FEDERAL MARITIME COMMIS- that addresses it in a thoughtful and SION. ‘‘Sec. There are authorized to be appropriated to ‘‘1801. Video voyeurism. measured manner. In addition, I thank the Federal Maritime Commission— ‘‘§ 1801. Video voyeurism them for addressing a concern I raised (1) for fiscal year 2004, $18,471,000; øand¿ ‘‘(a) Whoever, in the special maritime and ter- during the Committee’s consideration (2) for fiscal year 2005, ø$19,500,000¿. ritorial jurisdiction of the United States, having of the bill. As introduced, the bill did $19,500,000; the intent to capture an improper image of an not expressly prohibit ‘‘cyber-peep- (3) for fiscal year 2006, $20,750,000; individual, knowingly does so and that individ- (4) for fiscal year 2007, $21,500,000; and ing’’—a particularly offensive form of (5) for fiscal year 2008, $22,575,000.’’. ual’s naked or undergarment clad genitals, video voyeurism involving the contem- pubic area, buttocks, or female breast is depicted SEC. 3. CHAIRMAN DESIGNATED WITH SENATE poraneous transmission of improper CONFIRMATION. in the improper image under circumstances in images of a non-consenting person over Section 102(b) of the Reorganization Plan which that individual has a reasonable expecta- the Internet through Web cameras and No. 7 of 1961 (5 U.S.C. 903 nt) is amended by tion of privacy regarding such body part or striking ‘‘President’’ and inserting ‘‘Presi- parts, shall be fined under this title or impris- other means. As reported by the Judi- ciary Committee, the ‘‘cyber-peeping’’ dent, by and with the advice and consent of oned not more than one year, or both. the Senate,’’. ‘‘(b) In this section— loophole has been closed: The bill we SEC. 4. REPORT ON OCEAN SHIPPING INFORMA- ‘‘(1) the term ‘captures’, with respect to an pass today covers the simultaneous TION GATHERING EFFORTS. image, means videotapes, photographs, films, or Web casting of images or any other The Federal Maritime Commission shall records by any means or broadcasts; transmissions that may not be re- transmit to the Senate Committee on Com- ‘‘(2) the term ‘female breast’ means any por- corded, so that defendants who use this merce, Science, and Transportation and the tion of the female breast below the top of the House of Representatives Committee on areola; means of violating people’s privacy cannot escape punishment. Transportation and Infrastructure a report ‘‘(3) the term ‘improper image’, with respect to within 90 days after the date of enactment of an individual, means an image, captured with- The National Center for Victims of this Act on the status of any agreements, or out the consent of that individual, of the naked Crime has dubbed video voyeurism ongoing discussions with, other Federal, or undergarment clad genitals, pubic area, but- ‘‘the new frontier of stalking.’’ The State, or local government agencies con- tocks, or female breast of that individual; and States are already responding to this cerning the sharing of ocean shipping infor- ‘‘(4) the term ‘under circumstances in which mation for the purpose of assisting law en- that individual has a reasonable expectation of ‘‘new frontier’’ in many different ways. Some have passed video voyeurism forcement or anti-terrorism efforts. The privacy’ means— Commission shall include in the report rec- ‘‘(A) circumstances in which a reasonable per- laws; others have addressed the con- ommendations on how the Commission’s son would believe that he or she could disrobe in duct within the context of their laws ocean shipping information could be better privacy, without being concerned that his or her against stalking. The Video Voyeurism utilized by it and other Federal agencies to image was being videotaped, photographed, Prevention Act brings the Federal improve port security. filmed, broadcast, or otherwise recorded by any criminal laws to bear on those who Amend the title so as to read ‘‘A bill To means; or commit this offense within the special authorize appropriations for the Federal ‘‘(B) circumstances in which a reasonable per- maritime or territorial jurisdiction of Maritime Commission for fiscal years 2004 son would believe that his or her naked or un- through 2008.’’. dergarment-clad pubic area, buttocks, genitals, the United States. It should be enacted without delay. Mr. DEWINE. I ask unanimous con- or female breast would not be visible to the pub- sent that the committee reported lic, regardless of whether that person is in a Mr. DEWINE. I ask unanimous con- amendments be agreed to, the bill, as public or private area. sent that the committee substitute amended, be read the third time and ‘‘(c) This section shall not apply to any per- amendment be agreed to, the bill as passed, the title amendment be agreed son engaged in lawful law enforcement or intel- amended be read the third time and ligence activities.’’. to, the motion to reconsider be laid passed, the motion to reconsider be (b) AMENDMENT TO PART ANALYSIS.—The upon the table and any statements re- laid upon the table, and any state- table of chapters at the beginning of part I of lating to the bill be printed in the ments relating to the bill be printed in title 18, United States Code, is amended by in- RECORD. serting after the item relating to chapter 87 the the RECORD. The PRESIDING OFFICER. Without following new item: The PRESIDING OFFICER. Without objection, it is so ordered. ‘‘88. Video Voyeurism ...... 1801’’. objection, it is so ordered. The committee amendments were Mr. LEAHY. Mr. President, I am The committee amendment in the agreed to. pleased that the Senate is passing S. nature of a substitute was agreed to. The bill (S. 1244), as amended, was 1301, the DeWine-Schumer-Leahy Video The bill (S. 1301), as amended, was considered read the third time and Voyeurism Prevention Act of 2003. This read the third time and passed. passed, as follows:

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12024 CONGRESSIONAL RECORD — SENATE September 25, 2003 S. 1244 Whereas approximately 30,000 people in the gene, protein, and drug therapies beneficial Be it enacted by the Senate and House of Rep- United States, many of whom are children, to persons afflicted with the disease; resentatives of the United States of America in have cystic fibrosis; Whereas this innovative research is pro- Congress assembled, Whereas the average life expectancy of an gressing faster and is being conducted more SECTION 1. SHORT TITLE. individual with cystic fibrosis is 33 years; aggressively than ever before, due in part to This Act may be cited as the ‘‘Federal Whereas prompt, aggressive treatment of the establishment of a model clinical trials Maritime Commission Authorization Act of the symptoms of cystic fibrosis can extend network by the Cystic Fibrosis Foundation; 2003’’. the lives of those who have this disease; and SEC. 2. AUTHORIZATION OF APPROPRIATIONS Whereas recent advances in cystic fibrosis Whereas education of the public on cystic FOR FEDERAL MARITIME COMMIS- research have produced promising leads in fibrosis, including the symptoms of the dis- SION. gene, protein, and drug therapies beneficial ease, increases knowledge and understanding There are authorized to be appropriated to to persons afflicted with the disease; of cystic fibrosis and promotes early diag- the Federal Maritime Commission— Whereas this innovative research is pro- noses: Now, therefore, be it (1) for fiscal year 2004, $18,471,000; øand¿ gressing faster and is being conducted more Resolved, ø ¿ (2) for fiscal year 2005, $19,500,000 . aggressively than ever before, due in part to SECTION 1. NATIONAL CYSTIC FIBROSIS AWARE- $19,500,000; the establishment of a model clinical trials NESS. (3) for fiscal year 2006, $20,750,000; network by the Cystic Fibrosis Foundation; (a) SENSE OF THE SENATE.—It is the sense (4) for fiscal year 2007, $21,500,000; and and (5) for fiscal year 2008, $22,575,000.’’. of the Senate that the President should des- Whereas education of the public on cystic ignate the week of October 12, 2003, through SEC. 3. CHAIRMAN DESIGNATED WITH SENATE fibrosis, including the symptoms of the dis- October 18, 2003, as ‘‘National Cystic Fibrosis CONFIRMATION. ease, increases knowledge and understanding Section 102(b) of the Reorganization Plan Awareness Week’’. of cystic fibrosis and promotes early diag- No. 7 of 1961 (5 U.S.C. 903 nt) is amended by (b) PROCLAMATION.—The Senate requests noses: Now, therefore, be it the President to issue a proclamation— striking ‘‘President’’ and inserting ‘‘Presi- Resolved, dent, by and with the advice and consent of (1) designating the week of October 12, 2003 SECTION 1. NATIONAL CYSTIC FIBROSIS AWARE- through October 18, 2003, as ‘‘National Cystic the Senate,’’. NESS. SEC. 4. REPORT ON OCEAN SHIPPING INFORMA- Fibrosis Awareness Week’’; and (a) SENSE OF THE SENATE.—It is the sense (2) calling on the people of the United TION GATHERING EFFORTS. of the Senate that the President should des- States to observe the week with appropriate The Federal Maritime Commission shall ignate the week of October 12, 2003, through ceremonies and activities. transmit to the Senate Committee on Com- October 18, 2003, as ‘‘National Cystic Fibrosis merce, Science, and Transportation and the Awareness Week’’. House of Representatives Committee on (b) PROCLAMATION.—The Senate requests f Transportation and Infrastructure a report the President to issue a proclamation— within 90 days after the date of enactment of (1) designating the week of October 12, 2003 HONORING WOODSTOCK, VERMONT this Act on the status of any agreements, or through October 18, 2003, as ‘‘National Cystic NATIVE HIRAM POWERS ongoing discussions with, other Federal, Fibrosis Awareness Week’’; and State, or local government agencies con- (2) calling on the people of the United cerning the sharing of ocean shipping infor- States to observe the week with appropriate mation for the purpose of assisting law en- ceremonies and activities. NATIONAL MAMMOGRAPHY DAY forcement or anti-terrorism efforts. The ø(c) ADDITIONAL ACTION.—The Senate com- Commission shall include in the report rec- mits to increasing the quality of life for indi- Mr. DEWINE. I ask unanimous con- ommendations on how the Commission’s viduals with cystic fibrosis by promoting sent that the Senate proceed to the im- ocean shipping information could be better public knowledge and understanding in a mediate consideration of calendar Nos. utilized by it and other Federal agencies to manner that will result in earlier diagnoses, 291 and 292, en bloc. improve port security. more fund-raising efforts for research, and The PRESIDING OFFICER. Without Amend the title so as to read ‘‘A bill To increased levels of support for those with authorize appropriations for the Federal cystic fibrosis and their families.¿ objection, it is so ordered. Maritime Commission for fiscal years 2004 Mr. DEWINE. I ask unanimous con- Mr. DEWINE. Mr. President, I ask through 2008.’’. sent that the resolutions be agreed to unanimous consent the amendment to The title amendment was agreed to. en bloc, the preambles be agreed to en the resolution be agreed to, the resolu- f bloc, the motions to reconsider be laid tion, as amended, be agreed to, the pre- upon the table en bloc; further that NATIONAL CYSTIC FIBROSIS amble be agreed to, and the motion to any statements relating to these reso- AWARENESS WEEK reconsider be laid upon the table with lutions be printed in the RECORD. Mr. DEWINE. Mr. President, I ask no intervening action or debate. unanimous consent that the Senate The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without proceed to the immediate consider- objection, it is so ordered. objection, it is so ordered. ation of calendar 290, S. Res. 98. The committee amendment was The resolutions (S. Res. 209 and S. The PRESIDING OFFICER. The agreed to. Res. 222) were agreed to. clerk will report the resolution by The resolution (S. Res. 98), as amend- The preambles were agreed to. title. ed, was agreed to. The resolutions, with their pre- The legislative clerk read as follows: The preamble was agreed to. ambles, are as follows: A resolution (S. Res. 98) expressing the The resolution, with its preamble, S. RES. 209 sense of the Senate that the President reads as follows: Whereas Hiram Powers is one of the pre- should designate the week of October 12, S. RES. 98 eminent artists in American sculpture; 2003, through October 18, 2003, as ‘‘National Whereas cystic fibrosis, characterized by Whereas Hiram Powers, in the words of the Cystic Fibrosis Awareness Week’’. digestive disorders and chronic lung infec- director and curator of the Houston Museum There being no objection, the Senate tions, is a fatal lung disease; of Fine Arts, was the artist who ‘‘put Amer- proceeded to consider the resolution Whereas cystic fibrosis is one of the most ican sculpture on the map,’’ gaining inter- which was reported from the Com- common fatal genetic diseases in the United national fame and providing unprecedented mittee on the Judiciary, with an States and one for which there is no known support for the notion of the United States amendment, as follows: cure; as a country capable of producing artists Whereas more than 10,000,000 Americans equal to or better than their international [Omit the part in black brackets]. are unknowing carriers of the cystic fibrosis counterparts; S. RES. 98 gene; Whereas Powers’ 1844 sculpture ‘‘Greek Whereas cystic fibrosis, characterized by Whereas 1 out of every 3,500 babies born in Slave’’ became, in the words of Powers biog- digestive disorders and chronic lung infec- the United States is born with cystic fibro- rapher Richard Wunder, ‘‘a telling symbol’’ tions, is a fatal lung disease; sis; of freedom for Americans in the pre-Civil Whereas cystic fibrosis is one of the most Whereas approximately 30,000 people in the War years and remains unequaled in popu- common fatal genetic diseases in the United United States, many of whom are children, larity among American sculptures; States and one for which there is no known have cystic fibrosis; Whereas Powers’ bust of President Andrew cure; Whereas the average life expectancy of an Jackson is widely considered the finest por- Whereas more than 10,000,000 Americans individual with cystic fibrosis is 33 years; trait ever sculpted of the president, as well are unknowing carriers of the cystic fibrosis Whereas prompt, aggressive treatment of as one of the noblest examples of portraiture gene; the symptoms of cystic fibrosis can extend ever created by an American sculptor; Whereas 1 out of every 3,500 babies born in the lives of those who have this disease; Whereas the Congress of the United States, the United States is born with cystic fibro- Whereas recent advances in cystic fibrosis in recognition of Powers’ extraordinary tal- sis; research have produced promising leads in ents, awarded him commissions to execute

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 25, 2003 CONGRESSIONAL RECORD — SENATE S12025 the statues of John Marshall, Benjamin The PRESIDING OFFICER. The 7-year history. The Palace of Auburn Franklin, and Thomas Jefferson that stand clerk will report the resolution by Hills hosted the sellout crowd of 22,076 today in the United States Capitol; title. fans. Whereas Powers preserved through his The legislative clerk read as follows: In the final game of the best of three sculpture the memory of numerous other great Americans, including George Wash- A resolution (S. Res. 234) honoring the De- series, Ruth Riley, the 6-foot 5-inch ington, John Quincy Adams, Daniel Webster, troit Shock on winning the Women’s Na- center for the Shock, dominated the John C. Calhoun, Martin Van Buren, and tional Basketball Association Championship. court. She scored a career-high 27 Henry Wadsworth Longfellow; There being no objection, the Senate points and was named the final’s Most Whereas Powers was born in 1805 in Wood- proceeded to consider the resolution. Valuable Player. Deanna Nolan from stock, Vermont, and happily spent his early Ms. STABENOW. Mr. President, I Flint, MI scored 17 points, including a years in that town; offer a resolution congratulating the three-point shot with less than a Whereas throughout his life, Powers held Detroit Shock for winning the Wom- minute left, giving the Shock a 75–73 sacred the memories of his childhood in en’s National Basketball Association Woodstock and drew upon these memories as lead. Swin Cash, the Shock’s starting inspiration for his work, saying, ‘‘dreams Championship. forward, added 13 points, 12 rebounds, often take me back to Woodstock and set me In a remarkable display of talent, and nine assists. The league’s rebounds down upon the green hills’’; and hard work and tenacity, the Shock cap- leader and Rookie of the Year, Cheryl Whereas the citizens of Woodstock, tured the championship in the very Ford, contributed 10 points and 12 re- Vermont, are preparing to celebrate the bi- next year after placing last in their bounds for the Shock. The WNBA centennial of Hiram Powers’ birth with ex- league. Over the last 100 years, not a Champions were led by their head hibits, symposiums, and other commemora- single other team in any major sport coach, Bill Laimbeer, himself an in- tive activities: Now, therefore, be it has been able to accomplish this feat. strumental player in the Detroit Pis- Resolved, That the Senate recognizes and Last Tuesday, in front of a WNBA honors Woodstock, Vermont, native Hiram tons’ Championship. The finishing Powers for his extraordinary and enduring record crowd of 22,000 people at the touch was added to the season when contributions to American sculpture. Palace in Auburn Hills, the Detroit Coach Laimbeer was named the Coach S. RES. 222 Shock defeated the two-time defending of the Year. champion Los Angeles Sparks to win Whereas according to the American Cancer Detroit Mayor Kwame Kilpatrick de- Society, in 2003, 211,300 women will be diag- Detroit’s first WNBA title. Ruth Riley, clared September 18, 2003 as Detroit nosed with breast cancer and 39,800 women the game’s Most Valuable Player, led Shock Day and the Palace of Auburn will die from this disease; the Shock by playing the best game of Hills has officially changed its address Whereas it is estimated that about 2,000,000 her career. She scored 27 points and to Three Championship Drive. I am women were diagnosed with breast cancer in guarded another all-star center. This pleased to join Senator STABENOW and the 1990s, and that in nearly 500,000 of those season’s Rookie of the Year, Cheryl my colleagues in the Senate in offering cases, the cancer resulted in death; Ford, also played a great game. Ms. my heartiest congratulations to the Whereas African-American women suffer a Ford is the only WNBA rookie ever to 30 percent greater mortality from breast Detroit Shock as the players, coaches, cancer than White women and more than a average more than 10 points and 10 re- staff, and fans celebrate their first 100 percent greater mortality from breast bounds a game. Women’s National Basketball Associa- cancer than women from Hispanic, Asian, Bill Laimbeer, in his first season as a tion Championship. I look forward to and American Indian populations; coach, led the Shock during this re- another successful season next year. Whereas the risk of breast cancer increases markable season. Mr. Laimbeer has And, we in Detroit hope that the with age, with a woman at age 70 years hav- also brought two back-to-back cham- Shock’s worst-to-first season will serve ing twice as much of a chance of developing pionship titles to Detroit with the as an inspiration to the Detroit Tigers the disease as a woman at age 50 years; NBA’s Detroit Pistons. Soon, the ad- Whereas at least 80 percent of the women next year. who get breast cancer have no family history dress of the Palace at Auburn Hills will Mr. DEWINE. Mr. President, I ask of the disease; be renamed ‘‘Three Championship unanimous consent that the resolution Whereas mammograms, when operated Drive’’ to honor these accomplish- and preamble be agreed to en bloc, the professionally at a certified facility, can pro- ments. motion to reconsider be laid upon the vide safe screening and early detection of I would like to congratulate all of table, and any statements relating to breast cancer in many women; the players, coaches and support staff the resolution be printed in the Whereas mammography is an excellent that have made this championship pos- RECORD, without intervening action or method for early detection of localized sible. This was truly a great victory for debate. breast cancer, which has a 5-year survival fans in Detroit and across the state of rate of more than 97 percent; The PRESIDING OFFICER. Without Whereas the National Cancer Institute and Michigan. And next year, we are hop- objection, it is so ordered. the American Cancer Society continue to ing for a repeat. The resolution (S. Res. 234) was recommend periodic mammograms; and Mr. LEVIN. Mr. President, it is my agreed to. Whereas the National Breast Cancer Coali- great pleasure to congratulate the De- The preamble was agreed to. tion recommends that each woman and her troit Shock on their victory of the The resolution (S. Res. 234), with its health care provider make an individual de- Women’s National Basketball Associa- preamble, reads as follows: cision about mammography: Now, therefore, tion, WNBA, Championship. Last week, S. RES. 234 be it the Detroit Shock defeated the two- Resolved, That the Senate— Whereas on September 16, 2003, the Detroit (1) designates October 17, 2003, as ‘‘Na- time defending WNBA champion Los Shock won the Women’s National Basketball tional Mammography Day’’; and Angeles Sparks, 83–78. The Detroit Association Championship by defeating the (2) requests that the President issue a Shock victory is the first professional 2-time defending champion Los Angeles proclamation calling upon the people of the basketball championship for the city of Sparks, 83 to 78; United States to observe the day with appro- Detroit since the Detroit Pistons won Whereas the Shock won a league-best 25 priate programs and activities. back-to-back championships in 1988 games, a year after losing a league-worst 23, becoming the first team in any major sport and 1989. f since 1890 to finish first in the entire league The Detroit Shock’s exceptional sea- after finishing last the previous season; son broke several WNBA records. I am HONORING DETROIT SHOCK ON Whereas the enthusiasm and support for proud to say that the Shock is the first the Shock by the people of Detroit and of WINNING WOMEN’S NATIONAL team in American professional sports Michigan was clearly demonstrated by the BASKETBALL ASSOCIATION since 1890 to go from the worst in their fact that the final game was attended by a CHAMPIONSHIP league to the best the following year. Women’s National Basketball Association Mr. DEWINE. Mr. President, I ask The Detroit Shock finished the year (WNBA) record crowd of over 22,000 people; unanimous consent that the Senate with the best record in the league at Whereas the Shock completed an incred- ible season with the strong performances of proceed to the immediate consider- 25–9. Also, Game 3 of the finals was the Finals Most Valuable Player Ruth Riley’s ation of S. Res. 234 submitted earlier highest scoring WNBA finals game in career-high 27 points, Swin Cash’s 13 points, today by Senators STABENOW and the history of the league, as well as the 12 rebounds and 9 assists, and Deanna LEVIN. highest attended game in the league’s Nolan’s 17 points;

VerDate Mar 15 2010 00:04 May 14, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S25SE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY S12026 CONGRESSIONAL RECORD — SENATE September 25, 2003 Whereas Cheryl Ford, the 2003 WNBA approved to date, the time for the two NOMINATIONS Rookie of the Year, became the first rookie leaders be reserved for their use later in league history to average more than 10 Executive nominations received by in the day, and the Senate then resume the Senate September 25, 2003: points and 10 rebounds per game; consideration of H.R. 2765, the District Whereas Detroit Shock Head Coach Bill THE JUDICIARY of Columbia appropriations bill. Laimbeer was named 2003 WNBA Coach of GREGORY E. JACKSON, OF THE DISTRICT OF COLUMBIA, the Year after transforming the Shock into The PRESIDING OFFICER. Without TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT the best team in the league in his first year objection, it is so ordered. OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- as head coach; TEEN YEARS, VICE MILDRED M. EDWARDS, RETIRED. Whereas in honor of the Shock’s champion- f IN THE ARMY ship, the Palace of Auburn Hills is officially THE FOLLOWING NAMED OFFICER FOR APPOINTMENT changing its address to Three Championship IN THE UNITED STATES ARMY TO THE GRADE INDICATED PROGRAM WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Drive; and RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: Whereas the Shock have demonstrated Mr. DEWINE. Mr. President, for the To be lieutenant general great strength, skill, and perseverance dur- information of all Senators, tomorrow ing the 2003 season and have made the entire the Senate will resume consideration MAJ. GEN. JOSEPH L. YAKOVAC JR., State of Michigan proud: Now, therefore, be of the District of Columbia appropria- 0000 it tions bill. The two managers will be IN THE AIR FORCE Resolved, That the Senate— here tomorrow, and Senators are en- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (1) congratulates the Detroit Shock on TO THE GRADE INDICATED IN THE RESERVE OF THE AIR winning the 2003 Women’s National Basket- couraged to come to the floor to offer FORCE UNDER TITLE 10, U.S.C., SECTION 12203: ball Association Championship and recog- and debate their amendments. There To be colonel will be no rollcall votes tomorrow. Any nizes all the players, coaches, support staff, MICHAEL A. MANSUETO, 0000 and fans who were instrumental in this votes ordered during tomorrow’s ses- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE achievement; and sion will be stacked to occur on Mon- UNITED STATES OFFICER TO THE GRADE INDICATED IN (2) directs the Secretary of the Senate to day at approximately 5:30 p.m. THE RESERVE OF THE AIR FORCE UNDER TITLE 10, U.S.C., transmit an enrolled copy of this resolution SECTIONS 12203, 12212 AND 1552: To be colonel to the Detroit Shock for appropriate display. f f RONALD C. DANIELSON, 0000 ORDERS FOR FRIDAY, SEPTEMBER ADJOURNMENT UNTIL 9:30 A.M. f 26, 2003 TOMORROW Mr. DEWINE. Mr. President, I ask Mr. DEWINE. Mr. President, if there CONFIRMATIONS unanimous consent that when the Sen- is no further business to come before Executive nominations confirmed by ate completes its business today, it ad- the Senate, I ask unanimous consent the Senate September 25, 2003: journ until 9:30 a.m., Friday, Sep- that the Senate stand in adjournment THE JUDICIARY under the previous order. tember 26. I further ask unanimous DANA MAKOTO SABRAW, OF CALIFORNIA, TO BE consent that following the prayer and There being no objection, the Senate, UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN at 8:26 p.m., adjourned until Friday, DISTRICT OF CALIFORNIA. pledge, the morning hour be deemed MICHAEL W. MOSMAN, OF OREGON, TO BE UNITED expired, the Journal of proceedings be September 26, 2003, at 9:30 a.m. STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON.

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IN HONOR OF CARMEL GALASSO contributions to the success of community pro- fited our community for over 30 years, and it grams that have served countless individuals is most appropriate to acknowledge that con- HON. ROBERT MENENDEZ throughout New Jersey. tribution. OF NEW JERSEY f Since 1972, this alcohol and drug rehabilita- IN THE HOUSE OF REPRESENTATIVES tion program has helped over 6,500 men over- PAYING TRIBUTE TO DOUGLAS come their addictions. I am proud to note that Thursday, September 25, 2003 BROWN the success of this program is remarkable, in Mr. MENENDEZ. Mr. Speaker, I rise today that, virtually all the men who graduate from to honor Carmel Galasso for her outstanding HON. SCOTT McINNIS Project 90 have successfully eliminated addic- tion and do not return to drug or alcohol commitment to serving her community. She OF COLORADO was presented the Mary T. Norton Memorial usage. I am also proud to note this program IN THE HOUSE OF REPRESENTATIVES Award by the United Way of Hudson County began in my congressional district in San on September 16, 2003, at the Crown Plaza Thursday, September 25, 2003 Mateo, California with five men who were de- Hotel in Secaucus, New Jersey. Mr. MCINNIS. Mr. Speaker, it is an honor to termined to overcome the disease of addiction Ms. Galasso has demonstrated a remark- stand before you today and pay tribute to the and who were determined to form a recovery able passion for helping those in need and career of a dedicated servant from the state of process that worked. has provided, and continues to provide, valu- Colorado, Douglas Brown. At the end of this Mr. Speaker, Project 90’s recovery process able services that have touched many lives month, Doug will retire from his position as the is based on ‘‘Project Ninety’s Social Model throughout Hudson County. As a member of Director of the Colorado Office of Legislative Residential Treatment Program,’’ Which is the Saint Peter’s College Alumni Board, she Legal Services, ending thirty-one years of based on the philosophy that an individual currently works on special projects for the col- dedicated service to our state. Doug’s hard must take responsibility for his recovery. The lege, as well as the community as a whole. work and dedication have been instrumental in treatment is unique in that it helps addicts Since 1996, she has served as the program defining the shape of Colorado’s state govern- learns about the process of recovery, the dis- coordinator of Catholic Community Services ment, and I am honored to pay tribute to him ease of addiction, and how this has affected for the Hudson County Parish Access Center here today. their lives. Additionally, the addict learns about in Jersey City. Doug began his career as a staff attorney the path of self-destruction created by addic- Over the years, Ms. Galasso has worked with the Office of Legislative Legal Services in tion, how circumstances drive him to addiction, tirelessly to improve her community. She 1972 and was appointed Director of that office and how his behavior perpetuates it. began as a grammar school teacher and guid- eight years later. During his tenure as Direc- Treatment services are carried out through ance counselor at Saint Aedan’s School in tor, Doug helped represent the Colorado Gen- written assignments, group and individual Jersey City, where she taught for 8 years. She eral Assembly in thirteen cases before the counseling, as well as personal work following then became assistant director of Campus Colorado Supreme Court. the twelve-step program of Alcoholics Anony- Ministry at Saint Peter’s College for 10 years, In addition to his duties at the Office of Leg- mous. The Substance Abuse and Mental where she spearheaded food and toy drives islative Legal Services, Doug was also very in- Health Services Administration (SAMHSA) and walks against hunger. As program coordi- volved with the National Conference of State also recently recognized Project 90 for its ex- nator for the Parish Access Center, Ms. Legislatures, serving as a member of the or- emplary data collecting methods, and partici- Galasso was instrumental in establishing a ganization’s executive committee. Doug also pants in Project 90 have spoken with other registration site for families to apply for New spent a year as an adjunct political science SAMHSA grantees to share record keeping Jersey Kid Care and creating satellite offices professor at the University of Denver and was methods developed by Project 90. that provide critical services for families in a lecturer in law at the University’s law school Mr. Speaker, Project 90 has expanded its need. These offices have provided countless for two summers. family baskets, Christmas gifts, toiletry items, facilities so that it now has the space to han- Mr. Speaker, it is truly a privilege to stand and food gift certificates. dle 223 men and 12 adolescent males. The here today and honor the career of such a re- Ms. Galasso’s dedication is also evident in program can accommodate young men strug- markable citizen. Doug Brown’s knowledge her immediate response to the tragedy of Sep- gling with addiction who face incarceration by and expertise will be hard to replace, and I tember 11. In the days following the tragedy, providing the alternative of treatment in group know that his fellow attorneys and the staff at Ms. Galasso led efforts to provide sandwiches, homes. The remarkable services that Project the Office of Legislative Legal Affairs will miss water, and other supplies needed to help sup- 90 provides include a work-training program, him a great deal. I wish him all the best in his port those impacted by the World Trade Cen- transitional housing, clean and sober environ- future endeavors. ter disaster. With the help of the United Way ments, a strong alumni program, and services of Hudson County, Ms. Galasso was able to f for men with mental illness and addiction. process 186 cases for families who were im- As you know, Mr. Speaker, the benefits of ‘‘PROJECT 90’’ CONTRIBUTES TO pacted by the attack. this program include not only the men who OUR COMMUNITY Ms. Galasso continues to be involved with have received help, but also their spouses, the Resurrection Parish and the Bon Secours children, employers and communities. Children Health System. She helps coordinate the Par- HON. TOM LANTOS have fathers again, domestic violence is re- ish Nurse Program, which offers medical care OF CALIFORNIA duced, and homes are strengthened. Commu- nities are strengthened as these men become to parishioners at local churches through a ho- IN THE HOUSE OF REPRESENTATIVES listic approach to physical, emotional, and productive members of society and increase spiritual needs. Thursday, September 25, 2003 work place productivity. Ms. Galasso was born and raised in Jersey Mr. LANTOS. Mr. Speaker, too often the Mr. Speaker, I invite my colleagues to join City, New Jersey. She received her bachelor’s sourge of drug and alcohol addiction perma- with me in congratulating Project 90 on its degree in Education from Saint Peter’s Col- nently destroys lives. For this reason, I invite success and wish it continued achievement in lege and her master’s degree in Adult Chris- my colleagues to join with me today in com- helping substance abusers win against their tian Community Development from Regis Uni- mending Project 90, Inc., for its success in fight with addiction. The organization has versity in Colorado. helping to rebuild and reclaim lives which have shown extraordinary vision and innovation in Today, I ask my colleagues to join me in been shattered by addiction. Project 90, which drug rehabilitation, and it has strengthened our honoring Carmel Galasso for her outstanding is located in San Mateo, California, has bene- community.

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

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A25SE8.001 E25PT1 E1890 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 25TH ANNIVERSARY OF Commission, Alameda County Injury Preven- In addition to being an outstanding leader LIFEFLIGHT IN PENNSYLVANIA’S tion Project, local hospitals, and the Alameda and role model Superintendent Lee is also a FOURTH CONGRESSIONAL DIS- County Department on Aging. devoted husband to his wife Dorothy M. Lee, TRICT CARE is a unique program and is a first in affectionately known as ‘‘Lady Lee’’ and a the Bay Area initiated by law enforcement. I supportive father/grandfather to his five chil- HON. MELISSA A. HART applaud the Union City Police Department for dren and five grandchildren. spearheading this valuable resource for its OF PENNSYLVANIA Mr. Speaker, as a Member of Congress, I residents. I also pay tribute to the CARE vol- IN THE HOUSE OF REPRESENTATIVES ask that my colleagues in the 108th Congress unteers whose commitment and devotion Thursday, September 25, 2003 join me in saluting Superintendent Reverend make a difference in Union City. A.C. Lee for his undying support and leader- Ms. HART. Mr. Speaker, I am honored to f ship to the populace of Flint, Michigan. have the opportunity to pay tribute to a pio- CONGRESSMAN KILDEE HONORS neer in the emergency medical services field SUPERINTENDENT REVEREND f which serves Pennsylvania’s Fourth Congres- A.C. LEE, SR. sional District. September 26, 2003 marks the HONORING LT. COL. BYRCE W. 25th anniversary of Lifeflight, a service pro- MCINTYRE, USAF viding emergency helicopter and critical care HON. DALE E. KILDEE ground transportation services for critically ill OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES and injured patients. HON. RALPH M. HALL Lifeflight has been awarded some of its in- Thursday, September 25, 2003 OF TEXAS dustry’s most sought-after awards. This year it Mr. KILDEE. Mr. Speaker, I rise before you IN THE HOUSE OF REPRESENTATIVES was named EMS Provider of the Year by the today to pay special tribute to Superintendent Pennsylvania Emergency Health Services Reverend A. C. Lee of the Greater Bible Way Thursday, September 25, 2003 Council. Over the past two years, members of Church of God in Christ in Flint, Michigan for Lifeflight’s flight crew have received Pennsyl- providing continuous leadership and support to Mr. HALL. Mr. Speaker, I proudly pay tribute vania Pre-Hospital RN of the Year Awards. the church and community. On September 26, today to a distinguished officer and an out- Furthermore, in 1999, Lifeflight’s medical di- 2003 the Greater Bible Way Church family will standing citizen, the late Bryce W. McIntyre of rector was named Pennsylvania Medical Di- salute and honor their pastor during a special Bonham, TX, who passed away last year at rector of the Year. celebration. the age of 85. The times we live in pose never-before-con- Superintendent Lee was born in Houston, Bryce McIntyre, the son of John and Lois ceived-of threats to our citizens. It is reas- Texas to John and Minnie Lee. He graduated Whitney McIntyre, was born on September 15, suring to know that my constituents are served in 1951 from Charlton Pollard High School in 1917, in San Diego, California. In 1938 he by this award-winning team of first-responders Beaumont, Texas. In 1952 he enlisted in the joined the U.S. Army Air Corps, where he who are committed to their patients and their U.S. Military and was stationed in Germany as served as a fighter pilot during World War II. community. an instructor and recreation specialist. After Shot down over Germany, he was a Prisoner I ask all of my colleagues in the House of serving in the military, Superintendent Lee re- of War from September 1944 to May 1945. He Representatives to join me in thanking the turned to the Flint area in 1955 to study Busi- served again as a pilot in the Berlin Airlift and brave men and women of Lifeflight for their ness Administration at Mott Community Col- Korean War, and later with the Military Assist- dedication, their ability to work under pressure, lege. He was employed as a welder at the ance Advisory Group in Japan. During his dis- and their effectiveness in carrying out their Chevrolet Frame and Stamping Plant from tinguished 23-year military career, he was critical mission. 1957 to 1964, after which he returned to awarded the Purple Heart and four Oak Leaf f Houston, Texas for a period of two years. Clusters. Upon his retirement as a Lieutenant Upon returning to Flint, Michigan he was hired Colonel in the U.S. Air Force in 1960, Mr. RECOGNIZING THE UNION CITY PO- by Buick, where he remained until retiring in McIntyre and his family made their home in LICE DEPARTMENT CARE PRO- November of 1981. Bonham, where he was an active member of GRAM In 1966, Superintendent Lee re-established the community. his membership with the Macedonia Church of He served as manager of the Bonham Area God in Christ. He also, during that same year HON. FORTNEY PETE STARK Chamber of Commerce, followed by a career received his ordination from the Holy Con- OF CALIFORNIA with the Bonham State Bank. He served with vocation of Northeast Michigan Jurisdiction, IN THE HOUSE OF REPRESENTATIVES the Fannin County Fair Board, the Boy Scouts where the Bishop C.J. Johnson was the pre- of America and Bonham Boys Baseball. He Thursday, September 25, 2003 siding prelate. On the first Sunday in June of was an active member of the Bonham Kiwanis Mr. STARK. Mr. Speaker, I rise today to pay 1970, Superintendent Lee stepped out on faith Club and the Bonham Golden K Kiwanis Club tribute to the Union City Police Department’s and founded the Bible Way Church of God in and established the fireworks display for the CARE Program. CARE is the acronym for Citi- Christ, located at 801 E. Pasadena Ave., in Fourth of July celebration at Lake Bonham as zens Aiding Residents and Elderly and is a di- Flint. The Church blossomed and the vision of well as the popular Fannin County Trade vision of the Union City Police Volunteer Pro- the Lord became clear to Superintendent Lee Days. He also served as a leader of the gram. that was time to expand, thus the church relo- Friends of Willow Wild, Inc. Established in January 2003, CARE is a cated to its present place of worship at 1602 non-medical, volunteer, in-home visitation pro- Montana Avenue on the East Side of Flint. Su- Mr. McIntyre is survived by his loving wife of gram for seniors, shut-ins and dependent perintendent Lee serves on numerous boards 56 years, Dorothy Castle McIntyre; his chil- adults living in Union City. CARE’s four goals and community-based organizations, i.e. Job dren Dr. Lorraine Mitchell and husband Ray- are to provide community resources that foster Central Advisory Board, Metro Housing, Salem mond of Cumby, Bryce McIntyre, Jr. and wife autonomy, independence and individuality, en- Housing and the Genesee County Health De- Jenny of Bonham, Alice Truitt and husband hance quality of life, provide social and emo- partment. His service has not gone unnoticed; Dale of Commerce, and Dr. Mike McIntyre of tional support and provide security and con- Superintendent Lee has attained many acco- Santa Cruz, CA; his twin brother Bruce McIn- fidence. lades for his dedication. These awards include tyre of Bonham; sister Beryl Riley of CARE volunteers visit the most needy within the 2001 Faith Community, Business and Edu- Descanso, CA; twelve grandchildren; five the Union City community and are trained to cation Leadership Award, 2002 Senator Rob- great-grandchildren and other family members. recognize signs of elder abuse, malnutrition ert Emerson Award for Volunteer Leadership Bryce McIntyre was a beloved and re- and other safety and sanitary issues that af- in Health Care Greater Flint (Michigan) Health spected member of the Bonham community. fect the well being of the CARE clients. Coalition; and the 2003 Certificate of Emeritus His integrity, compassion and sense of service The Union City Police Department has de- in recognition of honorable and distinguished were evident in his love for his family and fel- veloped collaborative relationships with many service to the north central jurisdiction as Ex- low citizens—and he served as a wonderful organizations that provide CARE clients with ecutive Secretary. In 2000 Superintendent Lee role model for all who knew him. Mr. Speaker, necessary services, such as Meals-on- established the Reverend A.C. Lee & Dorothy it is my privilege to recognize such an out- Wheels, Union City Fire Department, Transit M. Lee Scholarship fund—Mott Community standing American and to extend my sym- Department, Leisure Services and the Senior College. pathies to his family and many friends.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A25SE8.002 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1891 TRIBUTE TO WALTER T. MCDON- PAYING TRIBUTE TO MARGARET Led by the Reverend Jose C. Lopez, presi- ALD, PRESIDENT-ELECT, NA- MORGAN dent of the Christian Children’s Parade and TIONAL ASSOCIATION OF REAL- Multicultural Festival, the parade will end with TORS HON. SCOTT McINNIS a ceremony in Hamilton Park. I extend my OF COLORADO gratitude to Reverend Lopez and his staff for IN THE HOUSE OF REPRESENTATIVES making this important event possible for the HON. KEN CALVERT children and residents of Jersey City. Thursday, September 25, 2003 Today, I ask my colleagues to join me in OF CALIFORNIA Mr. MCINNIS. Mr. Speaker, it is with solemn honoring the Christian Children’s Parade and IN THE HOUSE OF REPRESENTATIVES heart that I stand before you here today and Multicultural Festival for its years of dedicated honor the memory of an outstanding citizen of service to the children of Jersey City, New Thursday, September 25, 2003 my district. Margaret Morgan of Glenwood Jersey. Mr. CALVERT. Mr. Speaker, I rise today to Springs, Colorado recently passed away at the f honor and congratulate Walter McDonald, age of 106. She was the region’s oldest cit- izen and will be sorely missed. As her family THE STERLING HEIGHTS FIRE- President-Elect of the National Association of and friends mourn her passing, I would like to FIGHTERS ANNUAL DINNER- Realtors (NAR). NAR is America’s largest take this opportunity to remember the remark- DANCE trade association, representing more than able aspects of Margaret’s life. 840,000 members involved in all aspects of Margaret was a lifelong resident of Glen- HON. SANDER M. LEVIN the residential and commercial real estate in- wood Springs, having been born there in OF MICHIGAN dustries. Walter has demonstrated his commit- 1896. Margaret’s was the first class to grad- IN THE HOUSE OF REPRESENTATIVES ment to Realtor issues and willingness to de- uate from the county high school in 1916. Thursday, September 25, 2003 vote his time and expertise towards furthering After graduation Margaret pursued a career Mr. LEVIN. Mr. Speaker, on Friday, Sep- the priorities of Realtors nationwide. centered around her lifelong passion for tember 26, 2003 the Sterling Heights Fire horses. Margaret got her first horse at the age Walter has been a Realtor since 1964 and Fighters Union will host their Annual Dinner- of four, immediately sparking her interest in is the broker-owner of Walt McDonald Real Dance honoring their 2003 retirees. This is a riding and grooming the large animals. Over Estate, a single-office, independent firm spe- wonderful event that I have been honored to her lifetime, she worked as a wrangler and an attend in the past where hundreds of fire- cializing in property sales, leasing and lending. outfitter for over thirty years. fighters, their families, and appreciative mem- He holds the professional designations of Cer- Margaret’s home was always open to bers of the community come together to rec- tified Residential Specialist and Graduate, Re- friends and family and was frequently filled altor Institute. ognize the Sterling Heights firefighting family. with guests from all across the country. Her I am proud to rise today to pay tribute to the Currently, Walter serves as a NAR director hospitable nature attracted many friends careers of three distinguished firefighters. and has been particularly active in legislative, throughout the years, all of whom are sad- Captain Pat Silver began his firefighting ca- finance and housing issues. From 1996 dened by the news of her passing. She attrib- reer in 1978. He received the Meritorious Unit through 1998, he served on NAR’s Executive uted her longevity to a life spent free of any Citation for conducting a search and removal Committee. In 1998, he took over as Regional unhealthy vices. Her diet consisted of natural of a woman from a well-involved trailer fire. He foods eaten regularly, and she refrained from Vice President for NAR, representing the also received the Fire Chief’s Award for assist- smoking and drinking. ing the Training Division in developing a per- states of California, Hawaii and Guam. He Despite our society’s numerous advances in also serves on the association’s Leadership formance standard for pumper operations and science and medicine, centenarians remain developing and producing the ‘‘FEO’’ and ‘‘Di- Team and Executive Committee. He served as rare in this day and age. Margaret was so NAR’s First Vice President in 2002. nosaur’’ newsletter. much more than Glenwood’s oldest resident to Battalion Chief Bob Moore was appointed a Walter has also been active at the state and her fellow citizens; she was a tremendous Firefighter in 1973. He received the Fire local levels of the Realtor Organization. In asset to the community and, above all, she Chief’s Award for work on the Radio Com- 1993, he served as President of the California was a friend to many. I extend my deepest mittee, for using his Graphic Commercial Arts Association of Realtors (CAR), one of the na- sympathies to her family and friends as they degree to mark the fleet of the Sterling tion’s largest state trade organizations with mourn her loss. Heights Fire Department with the new city more than 95,000 members. He has served f logo and for his heroic participation in a house on CAR’s board of directors since 1971 and IN HONOR OF CHRISTIAN CHIL- fire. also served as Chairman of the board of Real DREN’S PARADE AND MULTICUL- Fire Marshal Thad Balmas was appointed Estate Business Services, Inc., a subsidiary of TURAL FESTIVAL Firefighter in 1979. He received the Veteran’s CAR. Walter also has been as President of Recognition Award for serving in the Air Force and the Meritorious Unit Citation for his in- the Riverside/Moreno Valley Association of HON. ROBERT MENENDEZ volvement at a major gas line explosion. Realtors and President of the Riverside Coun- OF NEW JERSEY These gentlemen have demonstrated acts ty Real Estate Council. IN THE HOUSE OF REPRESENTATIVES of heroism and actions above and beyond the In addition to his numerous professional in- Thursday, September 25, 2003 call of duty. Indeed, the people of Sterling Heights have been well-served by the untiring volvements, Walter is also dedicated to his Mr. MENENDEZ. Mr. Speaker, I rise today care and concern each has given without limi- community as well. Walter has served on the to honor the Christian Children’s Parade and tations to their community. advisory boards of the local Habitat for Hu- Multicultural Festival, which celebrated its 25th Mr. Speaker, I ask my colleagues to join me manity chapter, the Riverside National Bank annual parade on Saturday, September 13, in recognizing these gentlemen for their dedi- and he is currently serving a 2-year term on 2003, in Jersey City, New Jersey. cation, accomplishments and years of service. the advisory board for Fannie Mae. He also For 25 years, the Christian Children’s Pa- I wish them good health and happiness as rade and Multicultural Festival has been pro- served on the California Department of Real they embark on a new phase of their lives. Estate Advisory Commission through 1998, viding a wonderful celebration for children and f under an appointment by the state’s governor. parents, and has enriched the spiritual devel- opment of young people throughout Jersey Walter’s long list of accomplishments dem- HONORING GREATER HOLY City. TEMPLE MINISTRIES onstrates why he is ideal for the position of By dedicating the Christian Children’s Pa- President of the National Association of Real- rade and Multicultural Festival’s annual parade tors. His tireless passion for the real estate in- HON. DALE E. KILDEE to the second anniversary of the September OF MICHIGAN dustry and his community has contributed im- 11th attacks, this event will provide an oppor- IN THE HOUSE OF REPRESENTATIVES mensely to the betterment of Riverside Coun- tunity for us to remember those who were lost, ty, California, and our Nation. I congratulate and to recognize the strength and unity of Thursday, September 25, 2003 him and wish him the best of luck on his fu- families and friends who lost loved ones on Mr. KILDEE. Mr. Speaker, I ask the House ture endeavors as President. that horrible day. of Representatives to join me in congratulating

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.006 E25PT1 E1892 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 the Greater Holy Ministries Church of God in Europe. The very earliest settlers to Hereford waste disposal and UPS, a health and welfare Christ as they celebrate 40 years guiding the Township arrived between 1710 and 1720. At program second to none. Perhaps his proud- people of Flint in the worship of the Lord. this time, the land was dominated by thick for- est accomplishment is obtaining pension ben- In 1963, now Bishop Roger Lee Jones ests that would soon be cleared to provide efits for workers. Mack has fought tooth and came to my hometown of Flint at the invitation fields for crops. nail for early retirement. His efforts were in- of the late Bishop John Seth Bailey and orga- While the challenges these first settlers strumental in obtaining the ‘‘80 and Out’’ in the nized an additional congregation for the mem- faced were great, in Hereford Township they Western states. bers of the Church of God in Christ living in found a large fertile valley and fields that were For 100 years, Local 70 has championed the area. The first service was held in a build- very productive, as they remain today. The the rights of workers. Through collective bar- ing on Genesee Road. The congregation set- Perkiomen Creek provide ample water for gaining, the Local continues to deliver to tled on the name of Greater Holy Temple and these crops and was also the base of devel- members and their families some of the best shortly after, Elder Jones moved the con- opment for Hereford Township’s first indus- health and welfare and pension plans in the gregation to a location on Mildred Street. tries. The Perkiomen Creek and its tributaries nation. Under his spiritual and apostolic direction, the provided power to support grist mills, sawmills, Organizing is also a priority. Mack, the offi- congregation grew. Through their baptism in a fulling mill and forges. The early iron indus- cials, and members of Local 70 have been on the Holy Spirit the members were inspired to try provided metal for nails, plow blades and the street, at the terminal gates, bringing the spread the Word of God as revealed in the other utilitarian devices that made the lives of benefits of Teamster membership to nonunion Bible throughout the area. The expanding these early settlers easier. The heavily wood- workers. membership required a larger home. In Sep- ed hillsides also provided the timber for heat, Local 70 has been a force in the political tember 1978 the grand opening of the perma- homes and charcoal for the burgeoning iron arena with the goal of improving the conditions nent sanctuary was consecrated. industry. of all workers through legislation and activism. Taking encouragement from the words in During the Fall of 1734, the Schwenkfelders, Local 70’s presence has been felt in the Zechariah 4:6 ‘‘Not by might, nor by power, a religious group from Silesia, arrived in Phila- community. Whether it is youth activities, food but by my spirit, saith the Lord of Hosts,’’ the delphia and many quickly made their way to banks or helping other unions, the Local’s members of the Greater Holy Temple Min- Hereford Township. By 1745, Hereford Town- rank and file as well as their officers and offi- istries have worked tirelessly to help those ship had been settled by not only the cials are quick to volunteer. They represent with physical and spiritual wants. Their belief Schwenkfelders but also Lutherans, Reformed Local 70 with pride. in the sanctifying power of the Holy Spirit sus- Menonite and Catholic immigrants. Not long tains them through the task of providing for after, on February 1, 1753, Hereford Township I extend heartiest congratulations and best the less fortunate. Through their efforts they was formally established, less than one year wishes to Local 70 for 100 years of service. reflect the redemptive work of Jesus Christ. after the foundation of Berks County on March Bishop Jones has provided guidance to his 11, 1752. f flock and he has been called upon to lead at During the remainder of the eighteenth cen- PAYING TRIBUTE TO JERRY the national and state levels. In 1968 he was tury agriculture and the iron industry flourished STEELE, JOHN DOOSE AND elected to serve as Chairman of the national and produced prosperity in Hereford Town- SCOTT STEELE board of Trustees. He was appointed Bishop ship. In many ways Hereford Township has re- of the Third Ecclesiastical Jurisdiction of mained the same over its 250 years. While we Southwestern Michigan in 1985. have become more technologically advanced HON. SCOTT McINNIS Mr. Speaker, I ask the House of Represent- through the years, Hereford Township remains OF COLORADO atives to rise with me and applaud the work of a close rural community, today of about 3200 IN THE HOUSE OF REPRESENTATIVES the Greater Holy Temple Ministries Church of residents. God in Christ as they celebrate 40 years of Mr. Speaker, again, I rise to recognize Thursday, September 25, 2003 enthusiastic and motivating labor on behalf of Hereford Township and her citizens on the oc- Mr. MCINNIS. Mr. Speaker, I rise before this the Lord. casion of its 250th Anniversary. body of Congress to pay tribute to the brave f f actions of three outstanding citizens from my RECOGNIZING THE 250TH ANNIVER- HONORING THE CENTENNIAL AN- district. Jerry Steele, John Doose and Scott SARY OF HEREFORD TOWNSHIP, NIVERSARY OF ALAMEDA COUN- Steele selflessly responded to calls for help PENNSYLVANIA TY TEAMSTERS LOCAL 70 from a fellow Coloradan and risked life and limb to save the life of a stranger. Their dis- play of courage and willingness to risk their HON. JIM GERLACH HON. FORTNEY PETE STARK own lives is remarkable. I am honored to pay OF PENNSYLVANIA OF CALIFORNIA tribute to their heroic acts today. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES While working on a house across the street, Thursday, September 25, 2003 Thursday, September 25, 2003 the trio witnessed a violent explosion and im- Mr. GERLACH. Mr. Speaker, I rise today to Mr. STARK. Mr. Speaker, I rise today to pay mediately rushed to the aid of a neighbor in recognize Hereford Township, Pennsylvania tribute to Teamsters Local 70’s Centennial trouble. They would later learn that the spark on the occasion of the Township’s 250th Anni- celebration on Saturday, September 27, 2003. of a cigarette lighter in a house with a leaking versary. I proudly represent the citizens of For 100 years, the Brotherhood of Teamsters, natural gas line had ignited the blast. Hereford Township in the 108th Congress and Auto Truck Drivers, Line Drivers, Car Haulers Scott ran quickly to shut off the gas valve would like to highlight the history of the Town- and Helpers Local 70 of Alameda County has and prevent any further explosions. Jerry and ship as the current residents prepare to cele- championed the rights of workers. Local 70 is John pulled the victim, Luke Little, to safety, brate this special occasion on Saturday, Octo- headquartered in Oakland, California and has administering first aid until the paramedics ar- ber 4, 2003. jurisdiction in Alameda County. It was first rived. Their quick thinking ultimately saved Before intrepid settlers from Europe arrived chartered October 1, 1903. Luke’s life. Moments after they pulled him to in the area we currently know as Hereford Local 70 has thrived under the leadership of safety, fire consumed the house. Township, the area was inhabited by Native Chuck Mack. Mack was first elected Business These three men risked their lives to help Americans of the Delaware or Lenni-Lenapi Agent at Local 70 in 1966. He became Sec- save the life of a man they had never met. tribe. These first inhabitants of Hereford Town- retary-Treasurer in 1972. During his years of Had it not been for the heroic actions of Jerry, ship practiced limited agriculture in the fertile leadership, the Local has been recognized for John and Scott, Luke Little most likely would soils of eastern Berks County while hunting its militancy and defense of its members. It not have survived the accident. Thanks to and gathering in the area. has a reputation with unions and employers their quick thinking and remarkable display of During the early part of the eighteenth cen- alike as one of the strongest, aggressive bravery, Luke’s family is optimistic about his tury immigrant settlers began to arrive in locals in the country. full recovery. This extraordinary act of selfless- Berks County. Their origins primarily German, Mack, during his career, has chaired Joint ness is truly worthy of our recognition, and it Swiss and English, these settlers found their Council 7 Freight negotiations. This Supple- is my honor to pay tribute to Jerry Steele, way to present day Berks County as they ment is among the finest in the nation. He has John Doose and Scott Steele for their heroic sought refuge from religious persecution in also brought to his members in freight, solid actions.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A25SE8.009 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1893 TRIBUTE TO DAVE E. DIPAOLO, The Royal Oak Lions Club has offered their the original committee that secured the site for CORONA-NORCO UNIFIED SCHOOL dedicated service to numerous programs and Grayson County College, chairman of the Par- DISTRICT organizations, including Leader Dogs for the ent’s Committee for the 125th Anniversary Blind, the Penrickton Center for Multiply Commission, a Council board member of the HON. KEN CALVERT Handicapped Children, Lions Visually Impaired Boy Scouts of America and an elder in the OF CALIFORNIA Camp, scholarships for hearing-impaired stu- Presbyterian Church of Whitesboro. He served IN THE HOUSE OF REPRESENTATIVES dents at Madonna University, and the Beau- on the Wilson N. Jones Foundation Board of mont Silent Children’s speech program. Not Directors and was a board member of the Thursday, September 25, 2003 only has this community-minded institution de- Grayson County Campfire Girls of America, Mr. CALVERT. Mr. Speaker, I rise today to voted its effort to these programs, it has also the Old Settlers Park Association in Sherman honor and pay tribute to an individual whose provided essential support to a myriad of serv- and the Grayson County Child Welfare. dedication an contributions to the community ices for our youth and vital community-based Mike also was a frequent visitor of the local of Corona and Norco, CA are exceptional. Our charities. domino hall and a good player in his own community has been fortunate to have dy- The Royal Oak Lions Club and its member- right. Playing dominoes was a cherished tradi- namic and dedicated leaders who willingly and ship are important parts of the fabric of the tion that facilitated comradery and friendship unselfishly give their time and talent and make Royal Oak and Southeast Oakland County and served as an unofficial repository of his- their communities a better place to live and community. toric and humorous events in the life of work. Dave DiPaolo is one of these individ- Mr. Speaker, I ask my colleagues to join me Whitesboro. uals. Dave is being honored as he retires after in recognizing their longstanding commitment It comes as no surprise that Mike was 36 years of dedicated service to the students, to public service and wishing the Royal Oak named Outstanding Citizen of Whitesboro employees, parents, and community members Lions Club continued success in all of their im- twice—in 1970 and 1998. of the Corona-Norco Unified School District. portant endeavors. Mike was born in Whitesboro on December Dave began his teaching career at Corona f 31, 1919, the son of E.T. Allen Sr. and Mary High School where he was appointed to Direc- Anderson Allen. He graduated from tor of Activities/Athletics and initiated the Ath- TRIBUTE TO MIKE ALLEN Whitesboro High School in 1936 and from letic Hall of Fame; designed the school’s ath- North Texas State University in Denton. He letic handbook; served as a board member on HON. RALPH M. HALL entered the U.S. Air Force in 1942, where he the California Activities Directors’ Association; OF TEXAS became a first lieutenant. On returning to and as a charter member and president of the IN THE HOUSE OF REPRESENTATIVES Whitesboro, he entered into private business Citrus Belt Athletic Directors’ Association. Thursday, September 25, 2003 with his father for 23 years before joining Con- After serving 21 years at Corona High, Dave gressman Roberts’ staff. was promoted in 1986 to the position of as- Mr. HALL. Mr. Speaker, I rise today to pay In 1946 he married his loving wife of 57 sistant principal at Norco High School where tribute to a beloved friend, outstanding com- years, Mary Ann Roberts Allen, a graduate of he served on various athletic organizations as munity leader and longtime Congressional Texas Woman’s University of Denton. They well as membership in management and ad- aide, the late E.T. ‘‘Mike’’ Allen of Whitesboro, had a special marriage—and they have a de- ministrative organizations. In 1997, Dave was Texas, who passed away on March 14 of this voted family that includes their son, Michael selected to serve at Director of Human Rela- year at the age of 83. Mike served as District Allen of Tyler and daughter-in-law Carol and tions for the school district, overseeing more Assistant for my predecessor, the late Con- granddaughters Lindsay and Carly; daughter than 1,800 employees. gressman Ray Roberts, from 1969 to 1980, Marcy Allen Brown of Greenville and son-in- Throughout his career, Dave has shown an and as my district assistant from 1980 to law Jon and children Leigh and Ben; sister unlimited willingness to help students, teach- 1995. He also served as a member of my and brother-in-law Lucille and R.B. Head, Jr., ers and employees. He has been a role model screening board for U.S. Military Academies and two nieces. and mentor to both students and teachers. His and was my trusted friend and associate. Mr. Speaker, those of us who knew and consistent ‘‘open-door’’ policy cultivated an at- Mike was knowledgeable about the legisla- loved Mike Allen miss him dearly—but his mosphere of communication and under- tive process—and was so understanding and presence continues to be felt in Whitesboro, in standing. At all times, he has conducted him- helpful with constituents who sought assist- Sherman and in the hearts of his family and self with integrity. His leadership and contribu- ance with their concerns and problems. He many friends. He leaves behind such a re- tions have touched the lives of many students knew the Congressional District from top to markable legacy of caring and service. Amer- and teachers. bottom, and in addition to being knowledge- ica is blessed to have citizens like my good Dave’s tireless passion for education has able, was always punctual and available. He friend Mike Allen, who answered the call to contributed immensely to the betterment of the was always a gentleman and always kind in service for his country and his community communities of Corona and Norco, California. everything he did. throughout his exemplary and noble life. As Dave has demonstrated his willingness to Mike truly enjoyed people and lived a life of we adjourn today, let us do so in memory of work hard for quality education and I am service—both in the workplace and in his this great man and great American—E.T. proud to call him a fellow community member, community and church. In all that he did—and ‘‘Mike’’ Allen. with all whom he met—Mike brought an abid- American and friend. I know that many chil- f dren, parents, fellow teachers and administra- ing sense of optimism and a smile that was tors are grateful for his service and salute him his trademark. His favorite saying was ‘‘Al- RECOGNIZING THE WORK OF as he retires. ways keep a happy heart.’’ He loved people. ROBERT H. DIEFENBACHER He loved his family. He had a deep and abid- f ing faith in God. I know of no one who knew HON. JIM GERLACH CONGRATULATIONS TO ROYAL Mike who did not consider him a friend. He OF PENNSYLVANIA OAK LIONS CLUB was a man of honor, integrity and a generous IN THE HOUSE OF REPRESENTATIVES nature. HON. SANDER M. LEVIN Mike was distinguished in all walks of life. Thursday, September 25, 2003 OF MICHIGAN He was a well-liked and well-respected com- Mr. GERLACH. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES munity leader in Whitesboro and Sherman. He honor Robert H. Diefenbacher, retiring Presi- served as mayor of Whitesboro for five dent of the Exton Region Chamber of Com- Thursday, September 25, 2003 terms—the last of which he was elected by merce, and commend him for his life long Mr. LEVIN. Mr. Speaker, I rise to congratu- write-in votes. Among his many civic activities, service to our community. late the Royal Oak Lions Club on the occasion he served as president of the Whitesboro Robert Diefenbacher began his tenure as of their 75th anniversary. Chamber of Commerce, president of the local President of the Exton Region Chamber of The Royal Oak Lions Club, founded in Rotary Club, president of the Quarterback Commerce in August of 2000, following his re- 1928, has indeed taken up the challenge that Club, Master of Masonic Lodge #263 and Post tirement as a successful local entrepreneur. Helen Keller presented to the International Commander of the American Legion Post His 38 years of business and marketing expe- Lions Convention in 1925. She asked them to #398. rience has been a tremendous asset to the expand their interests and include services to Mike was also president of the Grayson chamber and has provided unwavering guid- the blind and the visually impaired. County Development Council, a member of ance and support to its membership. He spent

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.011 E25PT1 E1894 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 10 of those years creating and growing his resented. In Cobb County and throughout ered so rapidly that his family believes it is own advertising, graphic design and printing Georgia, the speaker remains a beloved and nothing short of a miracle. Payden had skin business, a true testament to the hard work revered figure for his great leadership and his grafts, stitches and was even placed in an an- and dedication apparent in all his under- contributions to our state and to our nation. tibiotic jacket to help him heal. Less than three takings. On behalf of the people of Georgia’s 11th weeks later, his wounds were largely healed. During his illustrious career Mr. District, I want to let the Gingrich family know Mr. Speaker, I want to acknowledge Diefenbacher has worked as a consultant, pro- they’re in our thoughts and prayers during Payden’s triumphant recovery and his coura- fessor, and journalist, passing his limitless their time of loss. geous spirit throughout this ordeal. Payden’s knowledge on to countless others. He has f accident was tragic, and his determination has held various management positions in compa- been remarkable. I would like to wish this nies such as IBM Corporation and Decision COMMENDING MAJORITY LEADER young man a continued recovery and all the Data Corporation. TOM DELAY best in the future. As a young man, after receiving his Bach- f elor and Master of Management Engineering HON. JOE WILSON TRIBUTE TO THE FORDHAM HILL Degree from Rensselaer Polytechnic Institute, OF SOUTH CAROLINA OWNERS CORPORATION Robert served in the U.S. Navy as the Chief IN THE HOUSE OF REPRESENTATIVES Engineer on a destroyer in the Atlantic and Thursday, September 25, 2003 ´ Mediterranean fleets. His heroics serving our HON. JOSE E. SERRANO nation as well as serving those in our commu- Mr. WILSON of South Carolina. Mr. Speak- OF NEW YORK nity demonstrate Robert’s tremendous leader- er, I rise today to commend the House Major- IN THE HOUSE OF REPRESENTATIVES ship abilities and have allowed him to hold ity Leader, TOM DELAY, for his insightful Thursday, September 25, 2003 countless positions of prestige. He is the cur- speech yesterday at The Heritage Foundation. Mr. SERRANO. Mr. Speaker, it is with great rent Chairman of the West Whiteland Town- The Majority Leader clearly reminded us that pleasure that I rise today to pay tribute to the ship Concert Series, a past President of the we are a nation at war, engaged in a historic Fordham Hill Owners Corporation, which cele- Rotary Club of Central Chester County, past battle against enemies of freedom and liberty. brated its 20th anniversary in October of 2002. Chair of the Chester County School to Career Yet, just two years after September 11th, in- High on a hill overlooking the Harlem River Partnership. He served as Chair of the Conti- stead of consistently working together to de- in the Bronx, New York, is the Fordham Hill nental Committee of Paoli Presbyterian feat international terrorism, some of my col- community. Its nine buildings are situated on Church and is Past-Chair of the Advisory leagues seem more intent on criticizing our 12 acres of beautiful landscaped property; Committee of the former Penn State Tech- Commander in Chief. Sadly, as Majority Lead- lofty trees of many varieties reach skyward nology Development Center Business Incu- er DELAY said, ‘‘In the face of two of the swift- and the rare black furred squirrels give Ford- bator. est, most humane, and most successful mili- ham Hill a suburban feel. Robert’s service has not gone unnoticed by tary campaigns in human history, they de- The residents of the Fordham Hill complex his peers, he has received the Service Award scend to name calling. are among the fortunate few to have discov- from the Exton Region Chamber of Com- A political party must offer more than anger ered this hidden oasis; where residents enjoy merce, was recognized with Thirty Awards for and name-calling, they must offer a positive the benefits of the community’s close proximity Excellence in the Neographics Competition of agenda. They cannot just criticize, they must to various sites such as Yankee Stadium, the Graphics Arts Association, received a Philly offer solutions. The American people, do not Bronx Zoo, and the Bronx Botanical Garden. Gold Award for a Consumer Magazine Adver- want petty partisan politics and constant In addition, a wide variety of nearby services, tising Campaign, a Business of the Year nitpicking, they want safety and security from recreational activities, dining, shopping, Award from the Exton Region Chamber of terrorism. schools, universities, hospitals, and churches Commerce, an Outstanding Service Award The Majority Leader correctly reminded us, add to the quaintness of the community. from the Chester County Intermediate Unit ‘‘The United States is at war, and we want the Mr. Speaker, this beautiful community was and a Chamber Service Award from the Ches- nation—and its political parties—united behind planned, designed and completed by the Equi- ter County Chamber of Business & Industry. our common mission to defeat global terror.’’ table Life Assurance Society of the United I ask that my colleagues join me today to In conclusion, may God bless our troops. States in 1950. Initially created to serve as commend and honor Robert H. Diefenbacher f apartments for rent, this complex was trans- for his many years of service to our commu- formed by E. Thomas Williams Jr., a skilled PAYING TRIBUTE TO PAYDEN nity and wish him the best of luck in all his fu- real estate investor and entrepreneur, who in BELL ture endeavors. 1980 outlined a plan to convert the financially f troubled apartments into co-op dwellings. Wil- HON. SCOTT McINNIS liams, determined to buy the complex, raised ON THE OCCASION OF THE OF COLORADO funds, took out loans and eventually gained PASSING OF KIT GINGRICH IN THE HOUSE OF REPRESENTATIVES ownership of 65 percent of the complex. He Thursday, September 25, 2003 and members of the original co-op committee HON. PHIL GINGREY worked diligently to gain support for the con- OF GEORGIA Mr. MCINNIS. Mr. Speaker, I rise before you version by convincing tenants that a major IN THE HOUSE OF REPRESENTATIVES today to pay tribute to a young man from my benefit of buying their apartments was an op- district. Payden Bell of Bayfield, Colorado was portunity for them to accrue some equity in Thursday, September 25, 2003 the victim of a terrible accident earlier this their property after years of paying rent. By Mr. GINGREY. Mr. Speaker, I rise to ex- summer and has shown an amazing level of 1982 the conversion was in place, the Ford- press my condolences to the family of Speak- courage by persevering in the face of difficult ham Hill Owners Corporation was established, er Gingrich. His mother, Kit Gingrich, died odds. As he continues on his path toward re- and Fordham Hill became the largest privately Tuesday night in Harrisburg, PA, at the age of covery, I am honored to recognize Payden be- funded cooperative complex in the city of New 77. fore this body of Congress. York. Having lost a parent myself, I know person- Payden was working with the family mule The Fordham Hill Owners Corporation is a ally the pain that such a passing brings. My when something apparently spooked the ani- diverse community of people from all back- heart goes out to the speaker and to his sib- mal and it took off running. In the process, a grounds and professions who take pride in the lings, who lost a loving and devoted mother. rope got tangled around Payden’s feet, drag- community and play an active role in pre- Speaker Gingrich’s sister, Susan Gingrich, ging him for over a half-mile. Suffering from serving the quality of life at the co-op. As a re- said nothing brought her mother more pleas- life-threatening abrasions and gashes to his sult of the direct involvement of co-op mem- ure than her family. One of her proudest mo- body and head, Payden was released from bers, the community is thriving and continues ments was watching her son, Newt, sworn in the hospital after 18 days and is expected to to add splendor to the Bronx. as speaker of the U.S. House of Representa- make a full recovery. I ask my colleagues to join me today in hon- tives in January 1995. One can only imagine the pain and suffering oring the Fordham Hill Owners Corporation for Speaker Gingrich is from Cobb County, Payden experienced. Many adults would not maintaining a well-run corporation with a high which is my home county, and I represent have the will power to overcome the agony of quality of life for residents for more than twen- some of the areas that he formerly rep- such an injury, yet this young boy has recov- ty years.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\K25SE8.011 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1895 IN HONOR OF THE HISPANIC- of Newark, Councilman Corchado was elected ing as we Climb,’’ Mayor Ham has devoted AMERICAN CHAMBER OF COM- to the City Council in 2002. Mr. Corchado her life to her church, her family and her com- MERCE OF ESSEX COUNTY began his career in the Newark Police Depart- munity. Bom and raised in Saginaw, she grad- ment over 14 years ago, where he served as uated from Saginaw Valley State University HON. ROBERT MENENDEZ a detective and sergeant in the Community Af- with a Bachelors Degree in Elementary Edu- OF NEW JERSEY fairs Division. A natural leader in the police cation and a Masters Degree in Supervision IN THE HOUSE OF REPRESENTATIVES department, he went on to become deputy and Administration. She then returned to her mayor of Newark before serving on the City roots in the Saginaw School System and Thursday, September 25, 2003 Council. taught 7th and 8th grades for 241⁄2 years. Mr. MENENDEZ. Mr. Speaker, I rise today As the chief of police for Newark, Anthony As a devoted proponent of Saginaw her to honor the Hispanic-American Chamber of F. Ambrose, III, has served with the Newark civic involvement is extensive. As an active Commerce of Essex County for its efforts in Police Department for 17 years. Chief Am- member of numerous organizations including developing and advancing the role of His- brose rose quickly through the ranks of the the NAACP, Zeta Phi Beta Sorority, SIGMA, panics in small businesses, and in enhancing Department, and has been a dedicated officer MBS International Airport, Downtown Develop- the interests of Hispanics throughout Essex and a true public servant, always keeping the ment Board, New Perspectives, League of County and New Jersey. On September 25, interests of the community at the forefront. Women Voters, National Education Associa- 2003, the Hispanic-American Chamber of Today, I ask my colleagues to join me in tion, Habitat for Humanity, Agape Home for Commerce of Essex County will hold its 15th honoring the Hispanic-American Chamber of Social Change, Saginaw International Mahog- Annual Corporate Lunch and Scholarship Commerce of Essex County and its honorees any Models, Boys and Girls Club, Saginaw Awards Presentation at the Newark Club in for playing a critical role in the success of His- Soul Children, Saginaw Orchestra, the May- Newark, New Jersey. panic businesses throughout Essex County or’s Ball and Scholarship Foundation, and The Hispanic-American Chamber of Com- and New Jersey. Restoration Community, Mayor Ham has con- tributed insight, leadership, and direction to merce of Essex County (HACCEC) has con- f tributed to the increased prosperity and every organization fortunate to have her as a achievement of Hispanics throughout the State 40TH ANNIVERSARY OF MCGUIRE member. by forming new partnerships with Latin Amer- MEMORIAL Through her position as Music Minister with ica, bringing products and jobs back to New Tabernacle Baptist Church she has expanded Jersey, and creating further economic devel- HON. MELISSA A. HART the ministry and founded several organizations devoted to praising God. With her personal opment and business opportunities throughout OF PENNSYLVANIA motto of ‘‘I can do all things through Christ our region. As a member of the United States IN THE HOUSE OF REPRESENTATIVES Hispanic Chamber of Commerce, the which strengthens me’’ (Philippians 4:13), HACCEC has successfully brought the issues Thursday, September 25, 2003 Mayor Ham has developed the 100 Voice and concerns of Hispanic-owned businesses Ms. HART. Mr. Speaker, I am honored to Boys Choir, and Women and Men in Praise. to the forefront of the national economic agen- have the opportunity to pay tribute to an out- Mayor Ham also serves as a member of the da. The Chamber is currently advancing its standing health care facility located in the dis- Saginaw Interdenominational Ministries and mission by building the first Hispanic Business trict I represent in the U.S. House of Rep- the board of St. John Trinity. Center in Essex County. This will provide the resentatives. 2003 marks the 40th anniversary Mayor Ham was married to the late Howard HACCEC with the resources to develop and of McGuire Memorial, an outstanding provider Leon Ham, is the mother to DeRonnie, support economic opportunities for the His- of care for the multiply handicapped. McGuire DeToya and Darvin and the grandmother to panic community of Essex County and was founded in 1962 by the Catholic Diocese Darvin Jr., Donovan, Dominic, Dominique, throughout New Jersey. of Pittsburgh through a proposal by the DeRhonda, and Alexis. Mr. Speaker, I ask the I would like to extend my gratitude and con- Felician Sisters. House of Representatives to rise with me gratulations to this year’s honorees: Miguel E. I have personally visited McGuire and, as today and join in congratulating Mayor Wilmer Rodriguez; Mario E. Moyano; Joseph N. such, am familiar with the level of care and Jones-Ham as she is honored by the mem- DiVincenzo, Jr.; Hector M. Corchado; and An- compassion that this remarkable facility offers bers of the Dr. Marie Wright Tolliver Cultural thony F. Ambrose. its patients. I was inspired by my visit to and Civic Club of Saginaw. Currently president of the HACCEC and McGuire and am pleased at the growth that f former Deputy Mayor of Newark, Miguel E. the facility has experienced over the years. RECOGNIZING UNDERSHERIFF Rodriguez has led a career proven in leader- I ask my colleagues in the House of Rep- CURTIS WATSON ship and commitment to the Hispanic commu- resentatives to join me in wishing continued nity. His vast community resources, marketing success to McGuire Memorial on the celebra- and management experience, and commit- tion of its 40th Anniversary. HON. FORTNEY PETE STARK OF CALIFORNIA ment to diversity have helped make the f IN THE HOUSE OF REPRESENTATIVES HACCEC a great resource for small busi- nesses. HONORING MAYOR WILMER JONES- Thursday, September 25, 2003 The president of American Latin Travel HAM Mr. STARK. Mr. Speaker, we rise today to Agents in America, Mario E. Moyano, has pay tribute to Undersheriff Curtis L. Watson for been a leader in Newark for over 20 years. HON. DALE E. KILDEE his thirty-three years of exemplary service in Born in Ecuador, he came to the United OF MICHIGAN law enforcement. On October 17, 2003 Under- States in 1969, and by 1975, had established IN THE HOUSE OF REPRESENTATIVES sheriff Watson will be honored at the Hayward his own business, the Moyano Agency. He is Thursday, September 25, 2003 South Alameda County NAACP’s Community currently the voice of over 160 travel agencies Service Awards Banquet. throughout the Newark area. Mr. KILDEE. Mr. Speaker, I rise today and Undersheriff Watson is a native of Little Essex County Executive Joseph N. ask the House of Representatives to join me Rock, Arkansas, and prior to beginning his ca- DiVincenzo, Jr., has brought quick and im- in congratulating Mayor Wilmer Jones-Ham as reer in law enforcement, he served in the pressive change to Essex County. One of his she is honored with the Woman of the Year United States Air Force from 1966Ð1970. Dur- first actions as county executive was estab- Award by the Dr. Marie Wright Tolliver Cultural ing the past thirty-three years with the Ala- lishing the Office of Cultural Diversity and Af- and Civic Club of Saginaw, Michigan on Sun- meda County Sheriff’s Department, he has firmative Action to ensure adequate minority day, October 5th. held a variety of positions. In July of 1980, he participation in county affairs. Heavily involved The Dr. Marie Wright Tolliver Cultural and was promoted to the rank of Sergeant and with the Essex County Parks system, Mr. Civic Club is an associated club of the Na- was assigned to the Santa Rita Jail and later DiVincenzo is the founder of the Newark tional Association of Colored Women’s Clubs, to the Criminal Investigation Unit. In July of ‘‘Small Fry’’ basketball program, the Rick Incorporated. The Woman of the Year Award 1986, he was promoted to Lieutenant and as- Cerone Little League, and other recreational is named in honor of Dr. Tolliver and the work signed to the jail system before returning to programs. she has done over the years to improve life in the Criminal Division as a watch commander Newark City Councilman Hector M. the Saginaw area. in Patrol. Corchado has been an effective and dedicated In keeping with the motto of the National In January of 1990, Undersheriff Watson member of his community. A longtime resident Association of Colored Women’s Clubs, ‘‘Lift- was promoted to Captain and became the

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.018 E25PT1 E1896 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 commanding officer of the North County Jail in Ellen Fiske. It is not often that two people so of Tempe, Arizona; Tyler Kirkland of Tucson, Oakland. From January 1993, until his ap- perfectly compatible find each other. Fifty Arizona; David Edwards V of Tucson, Arizona; pointment as Undersheriff, he served as the years of happy marriage is a remarkable Bobby Fisher of Laguna Niguel, California; Administrative Captain to the Sheriff. On April achievement, and for this I congratulate them. Jacob Rucker of Del Mar, California; Dana 8, 1993, he was appointed to the position of It was 50 years ago today that Ron wed Feeny of Woodside, California; John Reid of Undersheriff for the Alameda County Sheriff’s Mary, his girl from, appropriately, Angel’s Redlands, California; Samantha Bates of San Office. Camp. These last 50 years have witnessed Carlos, California; Patrick Saris of Newbury Undersheriff Watson received his BA degree many happy times in their lives, including the Park, California; Justin Koh of Bakersfield, in management from Saint Mary’s College in births of their two sons, W. Ronald Jr. and Mi- California; Taylor Simpkins of Costa Mesa, Moraga, CA. He is currently a member of the chael, and their five grandchildren. California; Scott Presbrey of Fort Myers, Flor- California State Sheriff’s Association, the Na- Ron and Mary have been dedicated and ida; Peter Borden of Fort Myers, Florida; Bran tional Organization of Black Law Enforcement distinguished members of the Stockton, Cali- Yancey of Miami, Florida; Sravya Keremane of Executives and is a member of the Alameda fornia community. Ron has served as a com- Gainesville, Florida; Sarah Gerin of West Palm County Women’s Hall of Fame Planning Com- missioner with the Port of Stockton since Beach, Florida; Joseph Stunzi of Watkinsville, mittee. 1991. Before that he served on the City Coun- Georgia; Bryce Melton of Terre Haute, Indi- We join the friends and colleagues of cil and as Vice Mayor. Both Ron and Mary ana; Anthony Burnetti of Derwood, Maryland; Undersheriff Watson in expressing congratula- have long been active in the California Repub- Ethan Roth of Kansas City, Missouri; Elena tions as he is honored by the Hayward South lican Party. Ovaitt of Weston, Missouri; Austin Minor of Alameda County NAACP. We thank him for It gives me great pleasure to commemorate Lee’s Summit, Missouri; Rachel Clements of continued service to Alameda County. these two fine Americans on this special day. Albuquerque, New Mexico; Leah Crowder of f f Albuquerque, New Mexico; Michael Klein of Atlantic Beach, New York; Ryan Lee of Ham- ON THE BRAVERY OF ARLINGTON SUPPORT FOR DISCOVERY COMMUNICATIONS, INC. ilton, Ohio; Bogna Brzezinska of Upper Arling- CEMETERY SOLDIERS DURING ton, Ohio; Lorren Kezmoh of Pittsburgh, Penn- HURRICANE ISABEL HON. SHERWOOD BOEHLERT sylvania; Katie Sloop of El Paso, Texas; Dan- iel Steck of San Antonio, Texas; Aron Trevino OF NEW YORK HON. JEFF MILLER IN THE HOUSE OF REPRESENTATIVES of San Antonio, Texas; Luis Lafer-Sousa of OF FLORIDA San Antonio, Texas; Elizabeth Monier of Thursday, September 25, 2003 IN THE HOUSE OF REPRESENTATIVES Boerne, Texas; Ian Cummings of Clearfield, Mr. BOEHLERT. Mr. Speaker, as Chairman Thursday, September 25, 2003 Utah; Spencer Larson of Springville, Utah; of the House Committee on Science, I am an Ryker Watts of Alpine, Utah; Zachary Hopkins Mr. MILLER of Florida. Mr. Speaker, as Hur- avid supporter of programs that encourage the of Highland, Utah; Jennifer Gutman of Wheel- ricane Isabel’s winds swept over Arlington Na- youth of America to push the limits of innova- ing, West Virginia; and Erica David of tional Cemetery, the soldiers who guard the tion and originality in science. One such pro- Pinedale, Wyoming. Tomb of the Unknowns were given—for the gram is the Discovery Channel Young Sci- At a time when science and technology first time in history—permission to abandon entist Challenge. plays such an enormous role in our lives, I be- their posts and seek shelter. Created in 1999, Discovery Communica- lieve it is imperative that we continue to sup- But that wasn’t what was going to happen, tions, Inc., designed the Discovery Channel port and nurture the next generation of young and Sergeant Christopher Holmes knew it. He Young Scientist Challenge as part of the solu- scientists. I would like to congratulate these and other valiant members of the 3rd U.S. In- tion to America’s chronic underachievement in students for their dedication and hard work in fantry Regiment stood vigil on overnight duty. science and math. The annual national contest the name of science and wish them all good ‘‘That’s never an option for us. It went in responds to evidence that academic perform- luck during the 2003 Discovery Channel one ear and right out the other,’’ Holmes said. ance and interest in science among American Young Scientist Challenge. The monument was established in 1921 students declines dramatically as students be- f with the interment of an unknown World War come older. This is particularly evident during I soldier, and a sentry has been posted there the middle school years. TRIBUTE TO LINDA VROOM continuously since 1930. Cemetery Super- For these reasons, the Discovery Channel intendent John Metzler didn’t want to put the Young Scientist Challenge identifies and hon- HON. SCOTT McINNIS guards in jeopardy unnecessarily with the ors America’s top middle school student who OF COLORADO fierce storm bearing down Thursday night, so demonstrates the best skills in leadership, IN THE HOUSE OF REPRESENTATIVES cemetery officials decided to let the guards teamwork, and scientific problem solving. Thursday, September 25, 2003 move indoors if they felt they were in danger. More than 6,000 middle school students have Holmes’ group was on duty for 24 hours, entered the challenge since its inception in Mr. MCINNIS. Mr. Speaker, it is with a from 6 a.m. Thursday until 6 a.m. Friday. They order to compete for the title of ‘‘America’s heavy heart that I rise before this body of took turns patrolling the tomb in hourly shifts, Top Young Scientist of the Year.’’ Since 1999, Congress and this nation today to pay tribute never leaving their post. scholarship awards for the students have to- to the life and memory of a great citizen. Linda Mr. Speaker, I commend these brave men taled more than $400,000 and challenge win- Vroom, who lived for many years in Aspen, and women, who do whatever they must to ners have participated in science-related trips Colorado, recently passed away. As her family guard the Unknowns. They cherish their post, to far-off places, including the Roslin Institute and friends mourn Linda’s passing, I would and consider it the greatest honor to go out in Midlothian, Scotland, and the El Yunque like to pay tribute to her memory here today. and guard this symbol of every man and rain forest in Puerto Rico. Linda had a noble spirit and was always woman who has fought and died for this great On September 17, 2003, Discovery Commu- willing to lend a helping hand to those in need. nation. Their patriotism is admired by all nications, Inc., announced the 40 middle While in Mexico City during the earthquake of Americans. school students who have advanced to the 1985, Linda rescued an infant by jumping out f finals of the Discovery Channel Young Sci- of the third story of an apartment building. She entist Challenge. Selected from more than was a talented artist who loved to sing and 50TH WEDDING ANNIVERSARY OF 1,700 entrants, the ‘‘Final Forty’’ represent an play the flute. Linda was also an avid biker, W. RONALD COALE AND MARY elite group of young Americans who dem- though her great passion was for fine wine ELLEN FISKE onstrated exceptional creativity and commu- and good food. Linda was known for helping nications skills in original science research countless people to educate themselves on HON. RICHARD W. POMBO projects. To commemorate the centennial of these topics at both the Aspen Wine & Spirit OF CALIFORNIA the Wright Brothers’ first flight, this year’s final- and the Cooking School of Aspen. For the IN THE HOUSE OF REPRESENTATIVES ists will compete in a multitude of experiments past two years, Linda pursued her love of involving the science of flight. The winners will wine by studying to become a sommelier. Thursday, September 25, 2003 be announced at the awards ceremony on Oc- Mr. Speaker, Linda Vroom had a great pas- Mr. POMBO. Mr. Speaker, I rise tonight to tober 22, 2003. sion for life, and she loved to share that pas- honor the 50th wedding anniversary of my The finalists for the 2003 Discovery Channel sion with others. While Linda has passed on, friends, W. Ronald Coale, and his wife Mary Young Scientist Challenge are: Jeffrey Luttrell her legacy will continue to live. I am honored

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.022 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1897 to join with my colleagues in honoring Linda valuable organization will celebrate its 25th Above all Peaches was a devoted wife to here today. anniversary on Friday, October 3, 2003. her husband and partner of 53 years, Bruce, f The Institute for the Puerto Rican/Hispanic whom she met while attending the University Elderly, Inc., was founded in 1978 to remove of Texas at Austin, and a loving and loyal IN HONOR OF MICHAEL LEGGIERO communication and other service barriers that mother and mother-in-law to Tim and Michelle separated Puerto Rican and Hispanic seniors and to Britt and Sunni. She was known en- HON. ROBERT MENENDEZ from their rights and entitlements under the dearingly as ‘‘honey’’ to her nine grandhildren: OF NEW JERSEY law. Today, the Institute is the premier His- Amy, Clint, Garnett, Blake, Chad, Ross, Caro- IN THE HOUSE OF REPRESENTATIVES panic non-profit organization serving New York line, Emma and Bruce, Jr. Clint Brookshire City’s ethnic minority seniors and their fami- Thursday, September 25, 2003 ably served as my Congressional Assistant in lies, with the mission to improve their quality Washington, D.C., and later as District Assist- Mr. MENENDEZ. Mr. Speaker, I rise today of life. ant in my Rockwall, TX, office, before pursuing to honor Michael Leggiero for his leadership Serving more than 140,000 seniors annu- another career in Dallas. He was a valued and and dedication to the North Hudson Commu- ally, the institute’s services are delivered in a well-liked member of my staff and remains my nity Action Corporation. Mr. Leggiero was hon- citywide complex of offices, facilities, programs good friend. Peaches maintained a close rela- ored with the Louis T. Scialli Memorial Award and senior centers. In addition, the Institute tionship with Decie Brookshire, mother of Clint by the United Way of Hudson County on Sep- has four subsidiaries: El Cemi Houses, which and the two other eldest grandchildren. She tember 16, 2003, at the Crown Plaza Hotel in provides affordable housing for homeless sen- also leaves behind her two dear sisters and Secaucus, New Jersey. iors; the Institute Home Care Services; the li- their husbands, Kay and Darrold Cannon Jr. As President and CEO of the North Hudson censed Innovative Home Health Care Sys- and Judy and Ray Clymer Jr. of Wichita Falls; Community Action Corporation, Mr. Leggiero’s tems; and Clinica Nueva Esperanza, a mental her mother-in-law and lifelong friend, Mrs. vision and leadership has helped make the or- health clinic for seniors. Louise Brookshire of Tyler; numerous nieces ganization the largest and one of the most The Institute also serves as an important re- and nephews; and caregivers Jeanell and highly regarded community organizations in source for non-profits, government agencies Jesse Richardson of Tyler. Hudson County. The North Hudson Commu- and businesses, providing technical assistance Peaches was the daughter of William Gar- nity Action Corporation is currently the largest and consultation in areas such as manage- nett Parker and Opal Louise Parker of Wichita provider of health and social services in the ment training, culturally responsive service de- Falls. She attended Midwestern State Univer- county and serves as a model for the quality livery, and access to minority communities. sity and the University of Texas at Austin, of services it provides the community. Mr. Speaker, under the leadership of where she was a member of Kappa Kappa Mr. Leggiero first came to the North Hudson Suleika Cabrera Drinane, this fine institution Gamma sorority. Her grandfather, C.H. Parker, Community Action Corporation in 1971. has helped to provide essential and quality opened Parker Food Stores in Wichita Falls in Through his hard work and communal spirit, services to the low income minority seniors of the 1920s, the same time that her father-in- Mr. Leggiero assumed directorship in 1978. At New York City for a quarter of a century. Be- law, W.T. Brookshire, was opening his first that time, the North Hudson Community Action cause of its pioneering and outstanding work, Brookshire’s Grocery Store in Tyler. Corporation administered seven programs, the Institute has received awards and recogni- I have known Peaches and Bruce and their which served 5,000 residents per year. After tions from city, state, and federal agencies, as family for many years and have loved and ad- 25 years under Mr. Leggiero’s leadership, the well as by other organizations in the commu- mired them for their ability to so ably balance North Hudson Community Action Corporation nity. work, family and community commitments. now runs 20 programs that serve over 55,000 For their long standing commitment to the They are one of the outstanding families in the Hudson County residents each year. disadvantaged seniors of New York City, I ask Fourth Congressional District—and their ef- Mr. Leggiero’s foresight and understanding that my colleagues join me in honoring the In- forts have helped so many in their community. of community issues has been a great asset stitute for the Puerto Rican/Hispanic Elderly, In recognition of their many significant con- to the North Hudson Community Action Cor- Inc., on their 25th Anniversary. tributions, Peaches and Bruce were named poration. Mr. Leggiero helped create a state- f the recipients of the 2002 Isadore Roosth Out- of-the-art community health center, which now standing Philanthropist Award in Tyler. provides care and assistance to over 2,000 IN MEMORY OF BILLIE LOU Peaches was devoted to her family, her patients each week. In 1996, Mr. Leggiero ‘‘PEACHES’’ PARKER BROOKSHIRE faith, and her community—and was a model of spearheaded the production of 49 new afford- grace, goodness, and good humor. She was a able housing units and just recently completed HON. RALPH M. HALL friend and an inspiration to so many—and she a similar venture, which provided the North OF TEXAS will be fondly remembered by all those who Hudson community with 37 new housing units. IN THE HOUSE OF REPRESENTATIVES knew her and loved her. Mr. Speaker, it is a Michael Leggiero is a lifetime resident of Thursday, September 25, 2003 privilege today for me to pay tribute to an ex- Union City, where he lives with his wife Lois. emplary woman and outstanding citizen of An active member of his church, Mr. Leggiero Mr. HALL. Mr. Speaker, earlier this year the East Texas who made an indelible impression is known for his love and dedication to his citizens of Tyler, Texas, lost one of their dear- on all those who met her—Peaches Parker congregation, with whom he shares a commit- est and most influential members, Billie Lou Brookshire. She will be dearly missed. ‘‘Peaches’’ Parker Brookshire, who passed ment to giving back to the community. f Today, I ask my colleagues to join me in away at the age of 72 following a lengthy ill- honoring Michael Leggiero for his outstanding ness. HONORING REV. PAUL D. leadership and service to the people of Hud- The Brookshire family has long been known KENNEDY son County. in the Tyler area for their many contributions f to East Texas—with Peaches being a central HON. JAMES P. McGOVERN figure in their philanthropy. Peaches was ac- OF MASSACHUSETTS TRIBUTE TO THE INSTITUTE FOR tively involved in numerous worthy causes, in- IN THE HOUSE OF REPRESENTATIVES THE PUERTO RICAN/HISPANIC cluding the Salvation Army Center of Hope, ELDERLY, INC. Junior League of Tyler, Tyler Junior Garden Thursday, September 25, 2003 Club, American Cancer Society, Susan G. Mr. MCGOVERN. Mr. Speaker, I rise to HON. JOSE´ E. SERRANO Komen Breast Cancer Foundation, Trinity honor Reverend Paul D. Kennedy, pastor at OF NEW YORK Mother Frances Hospital, Green Acres Baptist the All Saints Episcopal Church in Worcester, IN THE HOUSE OF REPRESENTATIVES Church, All Saints Episcopal School, Grace Massachusetts and to recognize his achieve- Community School and Hospice of East ment as the first ever recipient of the Chil- Thursday, September 25, 2003 Texas. In all that she did and with all whom dren’s Friends Inc. Ambassadors Award. I am Mr. SERRANO. Mr. Speaker, it is with great she met, she brought enthusiasm, compas- proud of Rev. Kennedy’s services. pleasure that I rise today to pay tribute to The sion, a positive attitude and a legendary sense The Children’s Friend Inc. was established Institute for the Puerto Rican/Hispanic Elderly, of humor. Peaches also was an accomplished in 1849 by a group of concerned Worcester Inc., an organization dedicated to improving artist. Several of her paintings were recently citizens to provide a ‘‘safe home’’ for the city’s the lives of low income minority seniors and donated to the Tyler Cancer Center to encour- most vulnerable children: the orphaned, the their families in the city of New York. This in- age patients receiving treatment there. abandoned, and the neglected children. The

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K25SE8.005 E25PT1 E1898 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 central mission of Children’s Friend’s is ‘‘to After the tragedy of September 11, 2001, TRIBUTE TO RALPH SAMPLE promote the emotional, social and physical Bulgaria was among the very first countries to health of a needy and diverse population of denounce terrorism and pledge active support HON. SCOTT McINNIS children and to advocate of their rights.’’ to the United States in the fight against global OF COLORADO The Children’s Friend Inc. Ambassadors terrorism. Bulgaria supported Operation En- IN THE HOUSE OF REPRESENTATIVES Award was established to honor a diplomatic during Freedom and the International Security official of the highest rank appointed and ac- Assistance Force (ISAF) in Afghanistan and is Thursday, September 25, 2003 credited to represent an organization’s perma- presently providing 500 infantry soldiers to the Mr. MCINNIS. Mr. Speaker, I rise before this nent mission to the community. Rev. Kennedy Iraq stabilization force. body of Congress and this nation today to pay first became involved with the Children’s Mr. Speaker, in closing, on the occasion of tribute to the life and memory of Ralph Sam- Friend Inc. in 1993 and served on the organi- this 100th anniversary of United States-Bul- ple who recently passed away at the age of zation’s Board of Directors from 1994 to 2002. garian diplomatic relations, it is appropriate to 85. A lifelong resident of New Castle, Colo- He was presented with this award because of reflect on this important relationship and to rado, Ralph was an enterprising and hard his tireless and continued effort to advocate dedicate ourselves to promoting good relations working man who was extensively involved in for the well being and welfare of children. This for the next 100 years. his community. I am honored to pay tribute to is a testimony to the power that one individual his memory here today. can utilize to benefit the lives of many. f Ralph was born in Glenwood Springs in In addition to this achievement, Rev. Ken- HONORING ST. JOSEPH PARISH ON 1917. Later in life, Ralph settled with his wife nedy has served the Massachusetts Lutheran THE OCCASION OF THEIR 150TH Edna in his native Glenwood Springs, where and Episcopalian community in a distinguished ANNIVERSARY they farmed, raised cattle and sheep, and manner for well over 20 years. After grad- Ralph operated Sample’s Jersey Dairy. In ad- uating from Harvard Divinity school and the dition to farming and ranching, Ralph was an Hamma School of Theology at Wittenberg Col- HON. CHRIS CHOCOLA entrepreneur. He helped to establish both the lege, Rev. Kennedy began his career as a OF INDIANA Glenwood Insurance Agency & Realty and pastor at the St. Paul Lutheran Church in IN THE HOUSE OF REPRESENTATIVES Valley Realty. Gloucester, Massachusetts. Since then, he Thursday, September 25, 2003 Many community groups benefited from has actively and impressively represented his Ralph’s participation. He was extensively in- own congregations and the greater church Mr. CHOCOLA. Mr. Speaker, I rise today to volved with the Glenwood Springs Masonic community through the numerous positions. congratulate Rev. Michael Couhig, CSC, and Lodge as a member of both the York Rite and Some of his many outstanding contributions the congregation of Holy Cross on the 150th the Scottish Rite. Ralph was also an active include serving as delegate to the Lutheran anniversary of the founding of St. Joseph Par- community leader with the Glenwood Springs Church in America Convention four times and ish by the congregation. Rotary Club and the Elk Creek Grange No. holding a variety of positions for the Lutheran St. Joseph is South Bend, Indiana’s oldest 415. He devoted countless hours to their Service Association, and the Lutheran Social Catholic worshipping community. Initially many philanthropic pursuits. Service of New England. called St. Alexis Chapel, it was established by Mr. Speaker, I join with my colleagues in ex- Rev. Kennedy’s commitment to social serv- Rev. Edward F. Sorin, CSC, as a mission tending my deepest sympathies to the family ice and human welfare is extensive. He sat on chapel of Notre Dame. of Ralph Sample. His hard work and civic- the American Red Cross Board of Directors, Since that time, the congregation has treas- mindedness stand as a shining example of the and served as President of the Worcester ured history. spirit of Colorado. While Ralph has passed on, Chapter of the American Cancer Society. He The first building, which was both a chapel his legacy will live on with all those who knew was a member of the Board of Trustees at and a school, was erected in 1853 in the com- him. I am honored to recognize his life and Upsula College and currently sits on the Board munity of Lowell, at what is now the intersec- passing here today. tion of Hill and LaSalle streets. of Trustees at Endicott College. f Mr. Speaker, I am certain that the entire By the next year, the Sisters of the Holy U.S. House of Representatives joins me in Cross were teaching children in the tiny build- HONORING MAESTRO ENRIQUE congratulating Rev. Kennedy for this high ing. In 1866, that first structure was replaced DIEMECKE honor. with a larger building named the Church of the Assumption. f HON. DALE E. KILDEE The second church building burned to the OF MICHIGAN 100 YEARS OF UNITED STATES- ground in 1872. A third church was built near- IN THE HOUSE OF REPRESENTATIVES BULGARIAN DIPLOMATIC RELA- by on the present site of St. Joseph Medical TIONS Center. By 1881, when the cornerstone for the Thursday, September 25, 2003 fourth church was laid on the current site, the Mr. KILDEE. Mr. Speaker, I ask the House HON. DOUG BEREUTER parish was known as Saint Joseph, and Low- of Representatives to join me in congratulating OF NEBRASKA ell had been absorbed by the city of South Maestro Enrique Diemecke as he begins his Bend. The parish thrived, welcoming French, IN THE HOUSE OF REPRESENTATIVES fifteenth year as the Music Director and Prin- English, Irish, Italians, Southeast Asians, and cipal Conductor of the Flint Symphony Or- Thursday, September 25, 2003 all others as they came. Because of structural chestra. Maestro Diemecke will be honored for Mr. BEREUTER. Mr. Speaker, last Thursday weaknesses, the handsome old Gothic church his service at a dinner on October 4th. while Washington was consumed with the ar- had to be demolished, and the current church Enrique Diemecke became an integral part rival of hurricane Isabel, a significant celebra- was erected in 1965. St. Joe’s current parish of the Flint musical community in 1988. An tion was taking place in Sofia, Bulgaria. registration numbers over 720 families. internationally recognized musician and mae- On September 18, the United States and As the parish grew, so did their school. The stro, he is considered to be one of the best Bulgaria marked the 100th anniversary of dip- school expanded into Assumption Academy, a young maestros working in the world today. lomatic relations between our two countries. boarding and day school, which in 1886 was His list of accomplishments is extensive. After Since the fall of the Berlin Wall, Bulgaria replaced by a larger two-story building. By studying at Catholic University in Washington, has worked hard to build a stable democracy 1926, that structure was overflowing, and the DC. and the Pierre Monteux School for Ad- and to provide its people the very freedoms present school was built. Since that time, the vanced Conductors he embarked upon a mu- we have for so long taken for granted in this school’s high standards have remained un- sical career that spans several continents. He country. The people of Bulgaria should be changed. St. Joseph School is the oldest con- has served to the delight of audiences as the proud of what they have accomplished over tinuously operating school in the city of South conductor for orchestras in North America, Eu- this past 13 years. Bend, Indiana, and their building was placed rope, New Zealand and South America. His Bulgaria has also worked to reaffirm and on the National Register of Historic Places in sublime interpretation of both classical com- strengthen its friendship with the United 1999. posers and emerging talents have won rave States. Bulgaria has worked with us to pro- Mr. Speaker, I commend Rev. Couhig and reviews everywhere he performs. moted stability and peace in the Balkans by his parishioners for contributing to the spiritual, His musical endeavors have not been lim- providing peacekeeping forces in Bosnia and educational, and economic development of the ited to live performance. Maestro Diemecke Kosovo. Michiana community for the past 150 years. has recorded several pieces of music. He won

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.029 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1899 the Bruno Walter Orpheus d’Or Prized for Best MOTION TO INSTRUCT CONFEREES since 1990 including serving as County Com- Opera Conductor by the Academy of Lyric Re- ON H.R. 1588. NATIONAL DEFENSE missioner in 2001. Paul is one of the few Le- cordings for his live recording of Mascagni’s AUTHORIZATION ACT FOR FIS- gionnaires who has served as County Com- Parisina. His 1993 recordings of the music by CAL YEAR 2004 missioner for two years. One of his more nota- Revueltas, Chavez, and Moncayo was hon- ble accomplishments was when he took it ored with the Golden Record Award and was HON. JAMES R. LANGEVIN upon himself to gather the names of all Ko- a top ten seller in Mexico for over a year. OF RHODE ISLAND rean and Vietnam War veterans from Bay As a composer, Enrique Diemecke’s work IN THE HOUSE OF REPRESENTATIVES Shore to create an Honor Roll to recognize commands international respect. During the their sacrifices for this country. 1998 World Cup, he was commissioned by Thursday, September 25, 2003 Paul also developed recognition programs Radio France Festival to compose a work in Mr. LANGEVIN. Mr. Speaker, I rise today to for community groups, individuals, and stu- honor of the soccer spectacular. His composi- commend the brave men and women of our dents who support Veterans and American Le- tion, Die-Sir-E, was heard around the world armed services who are carrying out the mis- gion programs; such as the Spirit Of American and has been performed at other venues sion to provide hope and freedom to the Iraqi Award, which honors individuals for their ef- since the World Cup. His compositions are in- people. I would also like to commend Rep- forts on behalf of veterans or for their commu- creasingly presented to the public by orches- resentative CROWLEY for his leadership and nity work. On September 11, 2001 Paul co- tras in several countries. advocacy for our men and women in uniform. ordinated seven local American Legion posts It is an honor to ask my fellow members of Like many of my colleagues, I am con- to serve as shelters for the emergency work- the House of Representatives to join me in cerned with the increasing frequency and du- ers at Ground Zero. congratulating Maestro Enrique Diemecke for ration of Reserve component deployments. Paul continues to play an active role in the his collaboration with the Flint Symphony Or- During the Cold War era, the Reserve compo- American Legion community and he serves as chestra. During the past fifteen years, Maestro nents were a manpower pool that was rarely a role model for all Legionnaires. I commend Deimecke has inspired a spirit of joy and en- tapped. However, this resource has become Paul DeVaul for his dedicated service to our thusiasm with each performance, enriching the increasingly important to our peacekeeping country during his time in the Army and in the life of the greater Flint area with his talent and and counterterrorism missions. As a result, the aftermath of the attacks on the World Trade blessing our community through his continued demands placed on Guard and Reserve fami- Center, and for his hard work on behalf of vet- association with the Flint Symphony Orches- lies are quickly growing. Not only do these erans on Long Island. tra. families often have to adjust to life on much f f smaller salaries, they may have to worry about TAIWAN’S BID FOR MEMBERSHIP IN REMEMBERANCE OF THE VIC- maintaining their health coverage. This situa- IN THE UNITED NATIONS TIMS OF THE KATYN FOREST tion is unacceptable, and we need to provide MASSACRE our Guard and Reserve with this coverage from the start so that the stresses of deploy- HON. PETER T. KING HON. ROBERT MENENDEZ ment are not compounded by worries about OF NEW YORK OF NEW JERSEY healthcare. I believe offering the guarantee of IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES long-term health coverage would not only help Thursday, September 25, 2003 the families of activated Guard and Reservists, Thursday, September 25, 2003 but also increase recruitment and retention of Mr. KING of New York. Mr. Speaker, today Mr. MENENDEZ. Mr. Speaker, I rise today some of our most valuable personnel. I rise in support of Taiwan’s bid for member- to honor the memory of the victims of the As a member of the House Armed Services ship in the United Nations (UN). Katyn Forest Massacre of 1940. A Memorial Committee, I firmly believe that members of For the 32nd consecutive year, the U.N. Service sponsored by the Katyn Forest Mas- our National Guard and Reserve should have convenes its annual General Assembly without sacre Memorial Committee of the New Jersey benefits commensurate with those of active the membership of Taiwan and once again its Division of the Polish American Congress was duty forces. With the announcement that the 23 million citizens will be denied a voice in vi- held on Sunday, September 21, 2003, at the Reserves’ total commitments could now be in tally important global matters. Although Tai- Katyn Monument in Jersey City, New Jersey. excess of a year in some circumstances, this wan has long been a significant player in The Katyn Forest Massacre Memorial Serv- problem must be remedied immediately, and if world affairs with a GNP and population larger ice is a tribute to the bravery of the Polish not by the Pentagon then by Congress. We than three quarters of U.N. member countries, people who fought valiantly during World War place enough burdens on these families as it it has repeatedly been denied membership. II. Over sixty-three years ago, during the So- is, I want us to make every effort to remove The transformation of Taiwan from an im- viet invasion of Poland, over 15,000 Polish at least this one. I urge my colleagues to sup- poverished State into an industrial power- military officers, intelligentsia, prisoners of war, port the Crowley motion to instruct. house, and from a one-party dictatorship into a multi-party democracy, is among the most clergy, and Polish civilians were attacked and f killed by Soviet military and secret police. impressive economic and political marvels of Over 4,500 bodies were discovered in the HONORING PAUL DEVAUL our time. Free and fair elections are held at all Katyn Forest in a single mass grave. levels of government. Taiwan’s constitution This year, the Katyn Massacre Memorial HON. STEVE ISRAEL guarantees its citizens freedom of assembly, Service will also pay special tribute to the OF NEW YORK freedom of expression, freedom of religion, brave men and women who perished in the IN THE HOUSE OF REPRESENTATIVES freedom of the press and it is a strong sup- horrific terrorist attacks on the World Trade porter of human rights. Center, the Pentagon, and Flight 93 in Som- Thursday, September 25, 2003 Already, Taiwan is an active participant in erset County, Pennsylvania, on September 11, Mr. ISRAEL. Mr. Speaker, I rise today in international organizations as exemplified by 2001. Although more than 60 years apart, the honor of Paul DeVaul, a decorated veteran its membership in the Asian Development loss of innocent lives in both tragic events and past County Commander for the Suffolk Bank, its admission as a full member to the have had a profound effect on our society. To County American Legion. On October 5 2003, Asia-Pacific Economic Cooperation (APEC) lay wreaths and flowers in memory of all of the American Legion will be honoring Mr. group, and its membership in the World Trade the victims is a fitting tribute, as the site of the DeVaul for his service to veterans on Long Is- Organization (WTO). Katyn Monument in Exchange Place in Jersey land. Taiwan has also used its successes to be- City once looked upon the towers of the World After entering the United States Army in De- come an active contributor to international hu- Trade Center just across the Hudson River. cember of 1961, Paul was assigned to the manitarian efforts. It has made significant do- Today, I ask that my colleagues join me in United States Army Special Warfare School at nations to countries devastated by natural dis- remembering the victims of the Katyn Mas- Fort Monmouth, New Jersey. During this time asters and war including relief efforts in sacre and the September 11th attacks, and Paul was awarded numerous awards, includ- Kosovo, Afghanistan, Turkey, and Iraq, to honor their sacrifice and courage. May we ing the Army Commendation Medal and the name a few. Taiwan is well prepared and continue to honor the memories of those who Good Conduct Medal upon his discharge on quite willing to actively support U.N. endeav- were lost, so we will not be destined to repeat December 16, 1984. ors. the horrors of the injustices suffered by these Paul has been an active member of the Bay Furthermore, it is not uncommon to have innocent victims. Shore Post, #365, of the American Legion parallel representation of divided countries in

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.032 E25PT1 E1900 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 the U.N. such as the case of East and West sive battle into which our epoch has plunged.’’ La Casa was founded and continues to be Germany before German reunification in 1990. Few have so vigorously thrust themselves into driven by members committed to changing This type of representation currently exists the intellectual and policy battle on the side of and improving their community. with respect to the membership of both the freedom as Larry Reed. It is therefore my La Casa de Don Pedro has been tremen- Democratic People’s Republic of Korea and privilege to pay tribute to this champion of lib- dously successful in providing critical services the Republic of Korea. erty on his 50th birthday. for children, young people, adults, and families By large margins, both Houses of Congress f ranging from education and job training to have endorsed Taiwan’s desire for participa- emergency assistance. In 2002, La Casa pro- tion in the United Nations. Taiwan, a country TRIBUTE TO JOSEPH MURPHY vided after-school programs to more than 300 seeking peace and stability in its region, de- children, ages 6 to 18, and Early Childhood serves the right to membership in the United HON. SCOTT McINNIS Education programs for parents of 130 fami- Nations. OF COLORADO lies, 80 percent of whom maintained employ- f IN THE HOUSE OF REPRESENTATIVES ment or remained with the program. La Casa’s Weatherization Assistance Program helped Thursday, September 25, 2003 TRIBUTE TO LARRY REED 294 homes become more energy efficient, Mr. MCINNIS. Mr. Speaker, it is with a which will help families save thousands of dol- HON. RON PAUL heavy heart that I rise before this body of lars in energy costs. OF TEXAS Congress and this nation today to pay tribute More than 410 adults received English lan- IN THE HOUSE OF REPRESENTATIVES to the life and memory of a great citizen from guage education or citizenship assistance my district. Joseph Murphy of Durango, Colo- Thursday, September 25, 2003 from La Casa, and over 130 adults received rado was a dedicated teacher, enthusiastic immigration assistance. La Casa’s Welfare to Mr. PAUL. Mr. Speaker, I am pleased to coach, and devoted public servant. As his Work initiative had one of the highest job pay tribute to one of America’s leading advo- family and community mourn Joseph’s pass- placement rates in Essex County in 2002, and cates for liberty, my friend Larry Reed, who ing, I would like to pay tribute to his memory its Telecommunications Learning Center celebrates his 50th birthday on September here today. served as a model for New Jersey’s new 29th. In 1993 Larry founded the Mackinac Joseph was born in Pueblo, Colorado in Workplace Literacy Program. From its incep- Center for Public Policy in Midland, Michigan. 1922. Like many of his generation, Joseph tion, La Casa has been a leader for the quality Under his leadership, Mackinac has emerged served his country in the Army during World and wealth of services that it provides to as one of the largest, most prolific, and effec- War II. Later, he and his wife Marie settled in members of the community, and its success tive think tanks in America. Mackinac focuses Durango, where they became fixtures of the proves that it will continue to be a model for on issues affecting Michigan; however, much community by getting involved in local politics. similar organizations. of their work is useful to policymakers at the Joseph taught Journalism and English at La Casa de Don Pedro received the 2002 State and national level. Durango High School and at Fort Lewis Col- Excellence in Hispanic Leadership Award from Prior to founding Mackinac, Larry served as lege. As an athlete, baseball was dear to Jo- the New Jersey Department of Community Af- Chair of the Department of Economics at seph’s heart and he shared his love of the fairs’ Center for Hispanic Policy Research and Northwood University in Midland, Michigan. game with others in many ways. Joseph was Development and was listed as one of the top While at Northwood, Larry developed the uni- seemingly always involved with baseball, play- 25 Hispanic Nonprofit Organizations of 2002 versity dual major in Economic and Business ing semiprofessional ball, coaching a team, of- by Hispanic Business Magazine. management and founded the University’s ficiating for years, and announcing sports Today, I ask my colleagues to join me in ‘‘Freedom Seminar.’’ Larry has also been a news on the radio. In addition, Joseph was a honoring La Casa de Don Pedro for thirty candidate for Congress. dedicated public servant. He served on the years of outstanding and dedicated work, and In addition to running Mackinac, Larry is a Durango City Counsel for four years and for making critical differences in the lives of prolific author. He has written over 800 news- served one term as Durango’s Mayor. many New Jersey residents. paper columns and articles, 200 radio com- Mr. Speaker, Joseph Murphy embodied the f mentaries, dozens of articles in magazines spirit of America. When his country needed and journals in the United States and abroad. him, Joseph bravely fought in World War II. REAUTHORIZATION OF THE FED- Larry is also the author of five books including When his community needed him, Joseph ERAL HIGHWAY AND TRANSIT Lessons From the Past: The Silver Panic of faithfully served as its Mayor. When his stu- PROGRAMS 1893 and Private Cures for Public Ills: The dents needed him, Joseph worked to enrich Promise of Privatization. All of Larry’s writings their lives. When his teammates and players HON. JAMES L. OBERSTAR reflect his unswerving commitment to limited needed him, Joseph inspired and supported OF MINNESOTA government and the free market as the best them. While Joseph has passed on, his legacy IN THE HOUSE OF REPRESENTATIVES way to promote human happiness. will live on. For these many reasons, I am Thursday, September 25, 2003 Larry has also found time to deliver more honored to join with my colleagues in recog- than 700 speeches, traveling to 40 states and nizing Joseph here today. Mr. OBERSTAR. Mr. Speaker, we must 10 foreign countries to spread the freedom f quickly enact a multiyear surface transpor- philosophy. Larry also promotes liberty as a tation bill to provide the assured and con- member and past chairman of the Board of IN HONOR OF LA CASA DE DON tinuing funding of transportation programs that Trustees of the Foundation for Economic Edu- PEDRO is so vital to the Nation, to the States, and to cation (FEE), the nation’s oldest free-market our local communities. But, we must also en- educational institution. HON. ROBERT MENENDEZ sure that the bill that we pass adequately ad- In 1993, Larry was appointed by then-Gov- OF NEW JERSEY dresses the Nation’s transportation needs. ernor John Engler to head the Headlee IN THE HOUSE OF REPRESENTATIVES The Transportation and Infrastructure Com- Amendment Blue Ribbon Commission. Gov- mittee is crafting a bipartisan bill to do just ernor Engler also appointed Larry to the task Thursday, September 25, 2003 that: to provide the necessary infrastructure in- force of the Secchia Commission on Total Mr. MENENDEZ. Mr. Speaker, I rise today vestment ($375 billion over six years) to begin Quality Government, where Larry helped de- to honor La Casa de Don Pedro for providing to improve our Nation’s highway and transit in- velop policies aimed at streamlining Michi- invaluable community programs and services frastructure. Our country’s economic strength, gan’s state government. I am sure the tax- for residents of New Jersey. La Casa cele- out ability to create jobs and improve business payers of Michigan are grateful to Larry for his brated its 30th anniversary on Friday, Sep- productivity, and out desire to create a safe, efforts to reduce unnecessary spending. tember 12, 2003. efficient, and secure transportation system are Mr. Speaker, the great economist Ludwig Since 1973, La Casa de Don Pedro has all dependent upon increasing investment in Von Mises once said that ‘‘everyone. . . . must been providing a wealth of services to the our Nation’s infrastructure. thrust himself vigorously into the intellectual residents of Newark, New Jersey and sur- We are fortunate to have a strong surface battle. None can stand aside with unconcern; rounding communities. La Casa currently pro- transportation system today. But that system the interests of everyone hang on the result. vides over 20 programs and services that is being challenged by a continuing growth in Whether he chooses or not, every man is have made a profound difference in many passenger travel and an ever-increasing de- drawn into the great historic struggle, the deci- lives. A true community-based organization, mand for fast, efficient movement of freight.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.036 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1901 As a result, highway travel is growing at 2.3 Administration reports that every $1 billion of As if the other body had anything to do with percent per year and is now 2.8 trillion vehicle federal funds invested in highway infrastruc- the Republican majority’s refusal to even bring miles traveled per year. Commercial trucks ture creates 47,500 jobs and $6.2 billion in up eight of the 13 annual spending bills on alone move 14,000 ton-miles of freight each economic activity. Moreover, a recent study this floor for a vote. year for each person in the country. The de- found that the Committee’s bipartisan proposal We all know last year’s little secret: The mand for transit has increased exponentially. to invest $375 billion in surface transportation House GOP—so famously derided as the In recent years, transit ridership has increased over the next six years would add $290 billion ‘‘perfectionist caucus’’ by Former Speaker by almost one million trips per day. more to the Nation’s Gross Domestic Product Newt Gingrich—didn’t have the votes on its Congestion in our surface transportation than the Administration’s proposal. The Com- side of the aisle to pass those bills. system, especially urban congestion, is wors- mittee’s proposal would also lead to an addi- So, you pointed the finger of blame at the ening as demand continues to outstrip the tional $129 billion of household disposable in- Senate. ability to add capacity. In the Nation’s largest come and an additional $98 billion in con- When we considered the first continuing 75 large urban areas, an average commuter sumer spending—millions of new, good-paying resolution last year, the majority leader (Mr. encountered 62 hours of delay in the year jobs, billions of dollars of new consumer DELAY) said: 2000. In that same year, congestion costs for spending; now that’s the way to get the econ- ‘‘The Democrat House leadership embraced these 75 urban areas totaled a whopping omy growing again! the decision by the other body [the Senate] to $67.5 billion—3.6 billion hours of delay and Third, the across-the-board increased in- proceed with no governing fiscal oversight 5.7 billion gallons of excess fuel consumption. vestment of the Committee’s proposal will help called a budget. For any theoretical elective The challenges of travel growth are com- us stem the highway death toll that grows ever body, the decision to proceed forward without pounded by the overwhelming investment higher. Last year, 42,850 people died and al- a governing budget would be foolhardy and needs of our transportation systems. Just a most three million more were injured on our grossly irresponsible.’’ few months ago, the Department of Transpor- highways, the highest number of highway The chairman of the Transportation-Treas- tation (DOT) submitted its report on the condi- deaths since 1990. In addition to the enor- ury Appropriations Subcommittee, Mr. ISTOOK, tions and performance of our Nation’s high- mous personal toll of these accidents, the eco- passed the buck with even more gusto: ways, bridges, and transit systems. DOT’s nomic cost is a staggering $230 billion a year! ‘‘The law requires both houses to enact a Conditions and Performance Report estimates To stern this tide, our Committee’s bipartisan budget. This body has done so. The other that all levels of government should be spend- TEA 21 reauthorization bill significantly in- body still has not done it. No wonder we have ing a combined average of $127 billion per creases, and provides more overall funding, gridlock and deadlock.’’ year to maintain and improve these transpor- for National Highway Traffic Safety Administra- But few could match the bluntness of my tation systems. Based on the historic Federal tion (NHTSA), motor carrier safety, and high- friend from Georgia (Mr. KINGSTON): cost share, the needs assessment suggests a way safety construction programs than does ‘‘There is a sinkhole on the Capitol, not over Federal highway and transit program of $51 to the Administration’s proposal. here, but over there [the Senate],’’ said Mr. $76 billion per year. This level of funding is in Mr. Speaker, Congress must act on a full, KINGSTON. marked contrast to the Administration’s pro- six-year reauthorization as quickly as possible. ‘‘Now, this sinkhole ate up the budget this posal to spend just $37 billion on highways Doing so will create jobs and stimulate eco- year. So here we are forced to pass a con- and transit in 2004 and only slightly higher lev- nomic growth, both badly needed in today’s tinuing resolution because we cannot deal with els in subsequent years. economy. We can effectively reduce conges- some group that does not have a budget.’’ Regrettably, this Administration has thrown tion, increase safety, and improve mobility Well, the last time I checked, my Republican up roadblocks to increased infrastructure in- throughout the Nation if we invest in our Na- friends, there was a Republican majority in vestment at every turn. The Administration’s tion’s highways and transit systems in an this body, a Republican majority in the other proposed $247 billion six-year reauthorization amount that is sufficient to meet our Nation’s body, and a Republican chief executive at the bill (SAFETEA), has a great name, but little growing needs. other end of Pennsylvania Avenue. else—it dose not even begin to provide the I look forward to working with Chairman And while this house has passed all 13 level of funding necessary to address our in- YOUNG, Subcommittee Chairman PETRI, Sub- spending bills, we have only adopted three frastructure needs. Moreover the Administra- committee Ranking Member LIPINSKI, and all conference reports. tion, which has presided over the loss of an of the Members of our Committee and of this So what is your excuse this year? astonishing 3.3 million jobs, has sent repeated House, to invest in our Nation’s transportation We all know the answer to that. It’s your in- signals that it opposes any effort to increase future. ability to compromise even with members of infrastructure investment. f your own party. We cannot afford to shortchange our Na- And it’s an affliction that is not just holding tion’s transportation systems. To effectively re- PERSONAL EXPLANATION up the appropriations process. duce congestion, to increase mobility, to truly It’s also preventing us from passing an en- improve highway safety, and to achieve con- HON. SUE WILKINS MYRICK ergy bill, from extending the child tax credit to tinuing long-term increases in productivity and OF NORTH CAROLINA 6.5 million working American families, and giv- economic growth, we must invest in our Na- IN THE HOUSE OF REPRESENTATIVES ing our seniors a real prescription drug benefit tion’s transportation future. And we must do it that is not designed to destroy Medicare. now. Thursday, September 25, 2003 The GOP has no one to blame this year for That is why the Committee on Transpor- Mrs. MYRICK. Mr. Speaker, I mistakenly this legislative failure but itself. tation and Infrastructure has proposed a high- voted no on rollcall vote 498, the Ney of Ohio f way and transit program to invest $375 billion amendment to H.R. 2622. I should have voted in our Nation’s highways and transit systems ‘‘yes.’’ HONORING THE LIFE OF PETER STROH over the next six years. f There are stark contrasts between our Com- mittee’s proposal and the Administration’s pro- WHAT EXCUSE WILL THEY USE HON. JOHN D. DINGELL THIS YEAR? posal. OF MICHIGAN First, the Committee’s proposal meets the IN THE HOUSE OF REPRESENTATIVES investment needs identified in DOT’s Condi- HON. STENY H. HOYER Thursday, September 25, 2003 tions and Performance Report to maintain and OF MARYLAND improve our highways, bridges and transit. IN THE HOUSE OF REPRESENTATIVES Mr. DINGELL. Mr. Speaker, I rise today to The Administration’s proposal does not meet pay tribute to a remarkable businessman, a those needs. Thursday, September 25, 2003 dedicated philanthropist, a civic activist, a Second, the Committee’s proposal will pro- Mr. HOYER. Mr. Speaker, the Members on committed conservationist, and a splendid hu- vide badly needed economic stimulus and do our side of the aisle can hardly wait to hear manitarian: Peter Stroh. He was one of the fin- so much more extensively than the Adminis- what half-baked excuse our Republican col- est men I have known, and as we celebrate tration’s proposal. According to the Administra- leagues will use this year for failing to com- the centennial year of the National Wildlife tion’s own statistical models, the Committee’s plete our appropriations work on time. Refuge system, I want to convey the thanks proposal will create millions of new, family- Remember last fall’s favorite punching bag? and gratitude of the people of Michigan to Mr. wage construction jobs. The Federal Highway TOM DASCHLE and Senate Democrats. Stroh and his family.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.039 E25PT1 E1902 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 Peter Stroh was a lifelong Michigander. TRIBUTE TO BEN PEREA prises that will open up further opportunities Born in Detroit in 1927, he returned to the city for individuals with disabilities seeking to gain in 1951 after completing his education at HON. SCOTT McINNIS employment. Princeton. He had hoped to join the United OF COLORADO Committed to expanding the field of voca- States Foreign Service, but circumstances IN THE HOUSE OF REPRESENTATIVES tional rehabilitation, Ms. Walliser has been an forced him to take over the family’s brewery. adjunct professor at Saint Peter’s College and Thursday, September 25, 2003 While our diplomatic corps will never know its New Jersey City University, and was a voca- loss, the people of Detroit and Michigan will Mr. MCINNIS. Mr. Speaker, I rise before this tional expert for 5 years at the Social Security never forget his contributions. body of Congress today to pay tribute to an Administration. She continues to be an active outstanding citizen from my district. Ben Perea member in her church in Woodbridge, where The Stroh’s Brewery was founded in Detroit of Pueblo West, Colorado selflessly dedicates she provides support and services for individ- in 1850. Peter Stroh was able to turn his fam- his time and services to helping the children of uals with disabilities. She also works with ily’s brewery into the third largest beer maker a Mexican orphanage. His hard work and many professional groups in Hudson County, in the nation. But business success was not dedication are an inspiration, and I am hon- including the Private Industry Council and the the focus of Peter’s life. He understood that ored to recognize him here today. Hudson County Human Services Advisory the true measure of a successful life was not Once a month for the past two years, Ben Council. the bottom line of a balance sheet, but rather has made the long trip from Pueblo West to A native of Jersey City, Ms. Walliser re- the legacy of one’s contribution to their com- Chihuahua, Mexico to deliver clothing, food, ceived her bachelor’s degree from the College munity. and supplies to the 120 children of the Casa of Saint Elizabeth, and her master’s degree in Standing on the roof of the Detroit brew Hogar Misericordia (House of Mercy) orphan- Special Education from New Jersey City Uni- house in 1967, he mournfully watched as riots age. His devotion and selflessness have im- versity. burned the city that he loved. At his retirement proved the lives of countless children. Today, I ask my colleagues to join me in he recalled, ‘‘I felt that we, as Detroit stake- Ben collects all of the supplies that he can honoring Maureen Walliser for her commit- holders, had to take some responsibility for and then takes them himself to the children of ment to community service and for her advo- what happened in Detroit, and our company Chihuahua. Though Ben helps the children ob- cacy and support of people with disabilities. would have to take some responsibility for tain more than just food and clothing, in No- f vember of 2002, he was able to secure a 72- helping to prevent it from happening again.’’ HONORING SUGAR SHANE MOSLEY He dedicated the final thirty-five years of his seat school bus for the orphanage to help life to that proposition. these children attend school. Mr. Speaker, I am honored to stand and HON. GRACE F. NAPOLITANO He served on the board of almost every or- recognize the selfless actions of Ben Perea. OF CALIFORNIA ganization that was working to solve Detroit’s His dedication and service have improved the IN THE HOUSE OF REPRESENTATIVES problems and build a new future for the city. lives of hundreds of children. I join with my Thursday, September 25, 2003 He was on the Board of the Urban League of colleagues in commending Ben for his endless Detroit, Detroit Renaissance, and chaired the work and wish him the best of luck in all of his Mrs. NAPOLITANO. Mr. Speaker, it is with NAACP Freedom Fund Dinner. He helped cre- future endeavors. tremendous pride that I rise today to honor Sugar Shane Mosley, for his impressive win ate the Detroit Medical Center and later f served as its chair. He spearheaded the de- against Oscar de la Hoya on September 13, velopment of River Place. That project has IN HONOR OF MAUREEN WALLISER 2003 in Las Vegas. This hard-fought victory grown to 600,000 square feet of office space, made Mosley the super welterweight world 350 residential units and the OMNI/River HON. ROBERT MENENDEZ champion for the third time in his spectacular Place Hotel. OF NEW JERSEY professional career. This was his second IN THE HOUSE OF REPRESENTATIVES world championship win against Oscar de la Mr. Speaker, it was Peter’s love of the nat- Hoya; the first was in 2000. Mosley entered ural world that brought us to work closely and Thursday, September 25, 2003 this year’s contest as a 2ÐtoÐ1 underdog, but collaborate on the creation of the Detroit River Mr. MENENDEZ. Mr. Speaker, I rise today his hard work and determination led to his 12- International Wildlife Refuge. He was an avid to honor Maureen Walliser for her tireless round victory by unanimous decision. fisherman, he loved the water and would commitment to community service. She was Mosley hails from Pomona, California, the spend much of his free time either fishing the presented the Memorial Mary T. Norton Award largest city in my 38th Congressional District, waters of Michigan or going to the best fishing by the United Way of Hudson County on Sep- and I am honored to count him among my spots around the world. He recognized that as tember 16, 2003, at the Crown Plaza Hotel in constituents. He started boxing at the age of Detroit and southeastern Michigan developed, Secaucus, New Jersey. eight under the guidance of his father, who it had the unintended effect of cutting people For over 30 years, Ms. Walliser has been continues to coach him to this day. He had an off from the natural beauty of the river and the working to improve the lives of individuals liv- outstanding amateur career with 250 wins out surrounding lakes. ing with disabilities. She has been a leader in of 260 fights. He had an amateur win against The Detroit River Refuge will be at the cen- her field, and continues to promote employ- Oscar De La Hoya in Pasadena when he was ter of the national celebration for the 100th ment for individuals with disabilities. 12 years old. Mosley also traveled with De La birthday of the National Wildlife Refuge Sys- Currently, Ms. Walliser serves as the gov- Hoya as part of the U.S. national team. tem. Secretary Norton will be there, as well as ernmental affairs chairperson of Access New Sugar Shane Mosley has been in 42 profes- hundreds of dignitaries, community and busi- Jersey, a statewide community-based employ- sional fights, winning an impressive 39. A ness leaders, and many more people from the ment service organization that serves individ- three-time world champion and veteran of 16 area who fish, hike, and boat along the Detroit uals with severe disabilities. Previously, Ms. world championship fights, he is a true boxing River every day. The Wildlife Refuge is Peter’s Walliser served as vice president and two superstar and recognized as one of the best living legacy. Without his steadfast commit- terms as president of Access New Jersey. Ms. fighters in the world. Mosley’s extraordinary of- Walliser was also a co-founder of one of the ment this natural jewel might have been lost to fensive and defensive skills, quick reflexes, first thirteen charter schools in New Jersey. superb mobility, excellent physical conditioning development, pollution, and neglect. Ms. Walliser began her career as a rehabili- and will to succeed contribute to his remark- Mr. Speaker, Peter left us a year ago. His tation counselor for the New Jersey Division of able career and winning record. life was a testament to the positive influence Vocational Rehabilitation Services. She then Outside of the ring, Mosley is a devoted that one person can make, not only in the began working at the Occupational Center of son, husband and father. He is married to Jin lives of those who knew him, but to future Hudson County, where she has served as Mosley, a native New Yorker. Together, the generations who will enjoy his legacy. Years president for the last 15 years. Under her di- couple has two sons—two-year-old Najee and from now, people will find homes in the com- rection, the Center has flourished into an orga- one-year-old Taiseki. Sugar Shane Mosley munities he built, jobs in the institutions he nization that provides a wealth of services be- also has a 13Ðyear-old son, Shane Mosely, founded, and enjoy nature in an ecosystem he yond rehabilitation. Now known as Hudson Jr., who is affectionately known as ‘‘Little preserved. I ask my colleagues to join me in Community Enterprises, the organization pro- Shane’’. commemorating the life of a remarkable man, vides school-to-work programs, job training I ask my colleagues to join me in honoring Peter Stroh. and placement, and is creating social enter- a role model, husband, father and super

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.043 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1903 welterweight world champion Sugar Shane RECOGNIZING JOHN M. Restaurant and then at Gibbs and Cox Naval Mosley. I wish him all the best for his future. CONNOLLY’S TWENTY YEARS OF Architects and Marine Engineers Inc., as a f SERVICE TO THE CITY OF SOM- C.A.D.D. Supervisor. Later, Rodney joined the ERVILLE, MASSACHUSETTS New York City Police Department and was as- SET ASIDE RELIGION IN PUBLIC signed to the 71st precinct. He later served as DEBATE HON. MICHAEL E. CAPUANO a Patrol Officer in the 79th precinct and in the Emergency Service Squad 8. Additionally, he HON. DENNIS MOORE OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES served at the 77th precinct as the FTU Super- OF KANSAS visor. He eventually returned to Emergency IN THE HOUSE OF REPRESENTATIVES Thursday, September 25, 2003 Service as a Sergeant, initially in squad 4, and Thursday, September 25, 2003 Mr. CAPUANO. Mr. Speaker, I rise today to finally in squad 8. Mr. MOORE. Mr. Speaker, last month the recognize the twenty years of service that His life long dream became a reality the day Kansas City Star carried an insightful guest Ward 6 Alderman, John M. ‘‘Jack’’ Connolly, he got assigned to the New York City Emer- column by Rabbi Mark Levin of Congregation has selflessly given to the city of Somerville, gency Service Unit. He quickly excelled, be- Beth Torah of Overland Park, Kansas, which Massachusetts. coming proficient in every aspect of his new is located in my congressional district. Alderman Connolly was born and raised in job. From taking down a jumper from the Rabbi Levin’s column addresses the in- Somerville and has become a pillar of the Brooklyn Bridge to extricating a victim from a creasingly corrosive blending of religious doc- community and a champion of the people. vehicle, Sergeant Gillis always exuded pas- trines with policy discourse in our Nation’s Dedicated and hardworking, he has always sion and dedication in his job. public life. I commend his views to you and to had the best interests of Somerville at heart. He was certified as an Emergency Medical the membership of the House and I hope we As a true public servant, Alderman Connolly Technician, Hazardous Materials Technician, all can follow the guidelines he suggests. has been a consistent supporter of affordable Emergency Psychological Technician, P.A.D.I. [From the Kansas City Star] housing and was instrumental in bringing sub- Certified Diver, Rescue Level I Repelling, way service to Somerville’s Davis Square, Jaws of Life Rescue System Operator, and a SET ASIDE RELIGION IN PUBLIC DEBATE which aided in revitalizing the city in the New York City Special Weapons and Tactics (By Mark H. Levin) 1980s. Member and Supervisor. He was also a mem- As a member of a minority religion, I know that in order to enter the public square with As a member of the Somerville community, ber of the Guardians Association, the Police my deeply held religious beliefs I must frame Alderman Connolly is better known as ‘‘Jack.’’ Benevolent Association, the Honor Legion of arguments in ways that address a commonly In addition to his position on the Board of Al- the Police Department of the City of New held language of all members of this society, derman, he has been a referee for youth soc- York, and the Fraternal Order of Police and no matter what their religion might be. cer and basketball leagues and is also active Sergeants Benevolent Association. If I engage in a public debate I cannot in the local chapter of the Kiwanis Club. It Rodney’s hard work earned him numerous quote Jewish literature and expect my fellow should not be a surprise that the proceeds medals and honors including the Excellent Po- citizens of different religions to feel com- from a celebration of his service to the city are lice Duty award seven times, a Meritorious Po- manded to act, or even persuaded for that matter, because they do not accept the au- being donated to benefit a free performance lice Duty award twice, and a Commendation. thority of the argument. series for Somerville’s children. He was also awarded, posthumously, the I may argue out of the American legal tra- Alderman Connolly is currently the Chair of prestigious Medal of Honor. dition or on philosophical grounds, but I can- the Board of Aldermen’s Licenses & Permits Mr. Speaker, Sergeant Rodney C. Gillis not expect to have others respond to my ar- Committee, and he has served twice as the served his city in exemplary fashion as a guments simply because I say that God com- Board’s President and Vice President. member of the New York City Police Depart- manded such and such, or because the Jewish Mr. Speaker, it is with pleasure that I recog- ment, and on September 11, 2001, he gave traditions say so. A terrible confusion occurred last week nize and honor Alderman Jack Connolly’s ef- the ultimate sacrifice to New York and the Na- with the insulting debate in the Senate re- forts and achievements. tion. As such, he is more than worthy of re- garding the nomination of Alabama Attor- f ceiving our recognition today and I urge my ney General William Pryor to a federal ap- colleagues to join me in honoring this truly re- peals court. Some felt that he was being ex- A TRIBUTE TO RODNEY C. GILLIS markable person. cluded by his Catholic religious values. Or, f as one advertisement put it, ‘‘Catholics need HON. EDOLPHUS TOWNS not apply.’’ OF NEW YORK RECOGNIZING THE 25TH ANNIVER- Pryor’s religious affiliations should be in- SARY OF THE CITY OF NAPA’S IN THE HOUSE OF REPRESENTATIVES consequential to his possible role as a judge. PARAMEDIC PROGRAM Even if Pryor came to his conclusions be- Thursday, September 25, 2003 cause he is a Catholic, he, as well as those who support him and those who oppose him, Mr. TOWNS. Mr. Speaker, I rise in memory HON. MIKE THOMPSON must publicly debate those values as part of of Rodney C. Gillis, in recognition of his dedi- OF CALIFORNIA their nonsectarian, American philosophy, cation, his heroism, and his ultimate sacrifice IN THE HOUSE OF REPRESENTATIVES not based upon their religious beliefs, no for his city and Nation. matter how fervent. Rodney was a man of purpose, integrity, in- Thursday, September 25, 2003 Thus in a multicultural, religiously diverse telligence, and compassion in both his profes- Mr. THOMPSON of California. Mr. Speaker, society, religious values must be translated sional and personal life. He was born on Sep- into general philosophical principles. All I rise today to recognize the Napa City Para- those who argue in the public square are ob- tember 26, 1967 at St. Mary’s Hospital in medic Program as it celebrates its 25th anni- ligated to state their principles and values in Brooklyn, New York and along with his be- versary of service to the community. terms of our common philosophical heritage. loved family, he grew up in the Crown In 1973 the standard level of care for emer- To oppose a person’s personal religious Heights, Williamsburg, and Brownsville sec- gency responders in Napa as in many com- conclusions is not to oppose his religion. The tions of Brooklyn. munities throughout the nation, mirrored the issue is not how a person arrives at his or her Rodney had a distinguished academic ca- advanced first aid training taught by the Amer- conclusions, but how she or he defends those reer, graduating from the Park West High ican Red Cross. Acknowledging a need for a conclusions in the nonsectarian language that forms the core of public debate in this School in Manhattan and later, earning a higher standard of care, all Napa City Fire De- democracy. Sports Management Certificate from St. John’s partment personnel were provided with EMTÐ Arguing on religious grounds, we do not University. Afterward, he studied at the Island 1 training beginning in 1974. While this was share philosophical assumptions and there- Drafting and Technical College and received a seen as a positive first step, there was a rec- fore the debate will never be truly joined. We diploma for studies in mechanical and elec- ognized need for a full EMT/Paramedic Unit. will be speaking only to our co-religionists, trical drafting and an Associate Degree in In 1976 the Napa City Council submitted while feigning a public debate. Computer Aided Drafting and Design. He also Ballot Measure C to voters to authorize a tax Our politicians should know and under- stand that their personal lives and values re- graduated with a diploma in Law, Police levy for paramedic services. Measure C was main their own, but their public debates Science and Social Science from the New approved by a 2 to 1 margin in November must be based on the nonsectarian assump- York City Police Department Police Academy. 1976. tions of philosophical argument that all citi- In 1983, he began his professional career The first four firefighters, Don Barstad, zens can accept. working as a manager at the Cooper Lantern Steve Butter, Bob Putney and Kim Suenram

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.045 E25PT1 E1904 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 received their paramedic training through IN HONOR OF ESTUARY DAY 2003 Ground Hog Club and the South Side Master Stanford University and graduated in 1978. Plumbers Social Club. The five other firefighters to receive their train- HON. ROBERT MENENDEZ The strength of this man is measured by his ing in that inaugural season were Dave Mel- OF NEW JERSEY love for his wife, family, faith, friends and com- low, Skip Rains, Jon Treebotich, Joe Baez IN THE HOUSE OF REPRESENTATIVES munity. Alex and his wife, Rosemary, have and Tony Balsa, who were schooled in South- been married for 41 years and they have been ern California. Thursday, September 25, 2003 blessed with a wonderful family of four chil- As the call volume increased, so did the Mr. MENENDEZ. Mr. Speaker, I rise today dren and seven grandchildren. The family has need for another paramedic unit. In 1992, the to honor the city of Elizabeth’s Estuary Day been a part of the St. Gerald Parish for over department decided that the most effective 2003. Estuary Day was held on Saturday, 36 years. way to deliver paramedic services was by at- September 20, 2003, at the Marina in Eliza- The commitment, dedication and energy taching them to engine companies rather than beth, New Jersey. given by Alex Kazmierczak to his community as a stand-alone unit. In 1994 three para- Estuary Day 2003 provides families from the have been an inspiration to many individuals. medic engine companies where put into serv- city of Elizabeth and surrounding areas the For 12 years, Alex served as Commissioner ice. In July 2003, the city’s paramedic capa- opportunity to learn about and celebrate the for the Oak Lawn Park District. He has bility increased with the addition of a fourth importance of the Elizabeth River and the Ar- coached youth hockey and baseball teams in paramedic engine. The new fire station for En- thur Kill. In addition to providing recreational Oak Lawn and even initiated the District’s T- gine Company 4 will open in January 2004. uses for residents, these two estuaries have a ball program. unique historical significance to the city of Eliz- His civic duties are still called upon him Mr. Speaker, in a city of 74,000 people abeth. today as he sits as a member on the Oak where more than 60 percent of the emergency Elizabeth’s Estuary Day is part of National Lawn Board of Appeals, Service Commission, calls require paramedic intervention, the Napa Estuaries Day, which seeks to promote aware- and as chairman for Oak Lawn Parks Founda- City Paramedic Program provides an invalu- ness about the importance of estuaries. The tion. able service to our community. It is therefore National Estuary Program has been critical to Mr. Speaker, I ask that my colleagues join appropriate that these men and women be administrating the goals of the Clean Water me in honoring Alex Kazmierczak, Jr., on his honored and acknowledged for their commit- Act, and to improve the quality of estuaries achievements and wish Alex many years of fu- ment to the well being of the citizens of Napa, nationwide. This program mandates the pro- ture success. California. tection of public water supplies and the protec- f tion and propagation of indigenous population f of shellfish, fish, and wildlife. IN RECOGNITION OF SHARON K. VALASEK, THE FIRST HONORARY TRIBUTE TO SALLIE WATKINS Estuary Day provides an opportunity for many residents to become aware of the nat- CONSUL FOR THE CZECH REPUB- ural wonders present in their backyard. As es- LIC TO REPRESENT KANSAS, HON. SCOTT McINNIS tuaries are some of the most important eco- MISSOURI, AND NEBRASKA systems on the planet, it is important for resi- OF COLORADO dents to view our waterways as part of the HON. KAREN McCARTHY IN THE HOUSE OF REPRESENTATIVES community, and to maximize their recreational OF MISSOURI Thursday, September 25, 2003 and environmental uses. IN THE HOUSE OF REPRESENTATIVES Estuary Day presents the importance of pro- Thursday, September 25, 2003 Mr. MCINNIS. Mr. Speaker, I rise before this tecting and appreciating our natural resources body of Congress and this nation today to pay to the people of Elizabeth, by providing fun Ms. MCCARTHY of Missouri. Mr. Speaker, I tribute to an outstanding citizen and educator and educational activities. Such interactive en- proudly rise to recognize the historic appoint- from my district. Sallie Watkins, a physics vironmental educational opportunities, presen- ment of Sharon K. Valasek as the first Hon- teacher from Pueblo, Colorado, has worked tations and environmental boat rides, allow for orary Consul for the Czech Republic to rep- tirelessly to teach and inspire her many stu- an in-depth and hands-on approach to learn- resent Kansas, Missouri and Nebraska. Czech dents. I am honored to share her story here ing about life within and around estuaries. Republic Ambassador to the United States, today. Today, I ask my colleagues to join me in His Excellency Martin Palous, who officially announced her appointment, will take part in In 1946, Sallie began teaching at Notre honoring Future City Inc., in conjunction with the installation ceremonies September 24Ð26, Dame Academy in Cleveland, Ohio. Her dedi- the city of Elizabeth’s staff and Mayor J. Chris- 2003, in the Greater Kansas City Metropolitan cation and commitment toward the betterment tian Bollwage, a committed member of the area. Sharon K. Valasek holds a Masters of of humanity came through in her work within New York/New Jersey Harbor Estuary Man- Business Administration Degree from Avila the church. Leaving the convent, Sallie came agement Committee, for planning Estuary Day College. As Honorary Consul, she will incor- to Pueblo in 1966 to continue her work. She 2003 in Elizabeth. porate her education and her expertise in took a position at Southern Colorado State f business and trade to facilitate United States College. Through the years, she has contin- HONORING ALEX KAZMIERCZAK, commerce with the Czech Republic. She has ued to teach and inspire countless students. JR. ON HIS RETIREMENT valuable telecommunications and marketing In addition to teaching, Sallie has been very experience from working for a global provider involved with the local community. She helped of broadband and wireless services. Her mar- found the Girls Club, which became part of the HON. WILLIAM O. LIPINSKI OF ILLINOIS keting and developmental skills will be of great Boys and Girls Club of Pueblo. She also IN THE HOUSE OF REPRESENTATIVES value to the business partnership between the oversaw the creation of the Pueblo Program, United States and the Czech Republic. a program to improve science teaching and Thursday, September 25, 2003 Honorary Consul Valasek is committed to curriculum in the local schools. Many commu- Mr. LIPINSKI. Mr. Speaker, I rise today to supporting local relationship building initiatives. nity organizations, such as the American Can- pay tribute to a remarkable craftsman and She has a strong base for fostering new part- cer Society, the YMCA, and the Colorado As- community leader from my District on the nerships in the Czech Republic since her rel- sociation of Mental Health, have benefited southwest side of Chicago, Illinois. I would like atives live in Moravia. She serves as a board from Sallie’s involvement. to honor Alex Kazmierczak, Jr., on achieving Member for the People to People Inter- Mr. Speaker, Sallie Watkins has dedicated two milestones in his life, celebrating his 65th national, Club President of the Czech and Slo- her life to serving others. She is an inspira- birthday and retiring after forty-one years in vak Club of Greater Kansas City, member of tional teacher and a loving volunteer. Sallie’s the plumbing service. the Czechoslovak Society of Arts and students hold her in such high regard that they Mr. Kazmierczak has been employed by Sciences, and Czechoslovak Genealogical So- are currently creating a physics scholarship in C.J. Erickson Plumbing Company since 1959. ciety International. her name. Sallie is an inspiration and a person He is a man dedicated to his field. Alex has Ms. Valasek will serve as an advocate of of the compassion. I am honored to join with spent his career involved with such prominent educational and cultural initiatives while pre- my colleague in thanking Sallie for all her hard organizations as the Plumbers Union Local serving customs and traditions. work and wishing her the best of luck in the 130 and the National Underground Contrac- The importance of an Honorary Consul in future. tors Association, as well as affiliated with the our region stems from shared heritage and our

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.050 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1905 combined histories that provide a foundation Forbes Marketing Group, an advertising spe- In 1974, Ms. Nolfo became a teacher at Ba- for exchange. Immigrants from the region of cialties business. yonne High School, where she remained until Czechoslovakia migrated to the United States Mr. Forbes is survived by his wife; his son; her retirement in 2002. In her final year, she five daughters, Susan Lilley, Cameron How- since the 1800s, many finding their way to ard, Lisa Ryan, Shelley Natalie and Melissa was voted Bayonne High School Teacher of Missouri and a home in the Kansas City area. Forbes; and four grandchildren. the Year by her students and peers. Born and raised in Bayonne, Ms. Nolfo at- In the Fifth District, Sugar Creek has a rich f heritage fostered from their Czechoslovakian tended the Academy of Saint Aloysius and re- immigrants, many who found work at the oil PAYING TRIBUTE TO FERN ceived her bachelor’s degree from Duquesne refinery. DOHERTY University in Pittsburgh, Pennsylvania. Ms. In 1989, we witnessed the overthrow of Nolfo received a master’s degree from Rut- communist totalitarian rule in Czechoslovakia HON. SCOTT McINNIS gers University. with the Velvet Revolution, a modern day rev- OF COLORADO Ms. Nolfo is not only an inspiration in the olution for independence, which brought a new IN THE HOUSE OF REPRESENTATIVES classroom but a leader in her community. A beginning for the people of Czechoslovakia. Thursday, September 25, 2003 member of Our Lady of Assumption Parish, In 1993, Czechoslovakia evolved into two she is a mass lector and former director of the Mr. MCINNIS. Mr. Speaker, I rise before this independent states: the Czech Republic and Rites of Christian Initiation for Adults program. body of Congress and this nation to pay trib- Slovakia. On March 12, 1999, the Czech Re- Ms. Nolfo was also president of the Bayonne ute to an outstanding citizen from my district. public became an international member of Italian American Committee for Culture and Fern Doherty of Trinchera, Colorado has NATO. Today, Prague is the capital of the Education. worked tirelessly to promote and preserve a Czech Republic, a tourist destination with its Today, I ask my colleagues to join me in Western heritage, the ranching way of life. rich architectural treasures, educational oppor- honoring Maria Nolfo for her tireless work in Fern is an active and devoted member of her tunities and the center of activities and events. educating the youth of Bayonne and leading community who donates her time to numerous Mr. Speaker, please join me in proudly rec- them towards a brighter future. community groups. For her tireless efforts and ognizing Honorary Consul Valasek’s appoint- years of service, I am honored to pay tribute f ment as an opportunity for cultural exchange to Fern here today. and economic advancement to further our LET TAIWAN BACK IN THE UNITED For eighty-two years, Fern has been an ac- shared goals for both of our nations. NATIONS tive member of the Las Animas County com- f munity. She has molded the community’s HON. DANA ROHRABACHER youth by serving as a 4-H leader and by re- TRIBUTE TO CHARLES B. FORBES OF CALIFORNIA maining active with the local Parent Teacher Association. An active member of the ranching IN THE HOUSE OF REPRESENTATIVES HON. TIMOTHY H. BISHOP community, Fern has served as President of Thursday, September 25, 2003 OF NEW YORK the Las Animas County CowBelles, an organi- Mr. ROHRABACHER. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES zation devoted to advancing the interests of today in support of the Republic of China on Thursday, September 25, 2003 the beef industry, and was recently named the Taiwan’s re-admission to the United Nations. Mr. BISHOP of New York. Mr. Speaker, I Las Animas County Cattleman of the Year for For the last 32 years, Taiwan’s people have rise today to acknowledge the sad passing of 2003. In addition, Fern was the 2000 Silver had no representation in the United Nations. It Charles B. Forbes, who leaves a lasting im- Queen for the Trinidad Round-up, which hon- is incongruous that a world body founded on pact on the district I represent. Charlie is sur- ors the courageous outlook on life and youth- the principle of universality and self-determina- vived by his wife Barbara Cameron Forbes, ful spirit of a senior in that community. tion excludes a free, democratic and inde- known to all as Cam. While the passing of this Mr. Speaker, Fern Doherty exemplifies the pendent nation of 23 million people—a popu- fine man saddens me, I am grateful for the 80 true spirit of the American West. She is de- lation larger than three quarters of the U.N.’s years he lived, many of them publishing local voted to her family, committed to her commu- current member states. newspapers and serving community organiza- nity, and active in her support for the ranching Let’s be clear. Taiwan does not seek the ex- tions. This morning, the Times-Review papers way of life. Her dedication and hard work keep pulsion of the People’s Republic of China from on Long Island published an obituary on Char- the tradition and heritage of the West alive, the United Nations, but asks only that it be lie’s life. I’d like to submit this piece for the and I am honored to join with my colleagues given a voice at the U.N. There are well-es- here today in extending my thanks to Fern RECORD. tablished precedents for parallel representa- and in wishing her the best of luck in the fu- CHARLES BOWMAN FORBES tion of divided nations at the U.N. East and ture. Thank you, Fern, for your service to Col- West Germany, now unified, and the still di- Charles B. Forbes, former publisher of orado. Long Island’s first Sunday newspaper, The vided Republic of Korea and Democratic Peo- Sunday Review, and the state’s largest news- f ple’s Republic of Korea are the outstanding paper, The News-Review of Riverhead, died IN HONOR OF MARIA NOLFO examples. Sept. 22 at his home in Hampton, N.H., at Taiwan’s participation in international bodies age 80. is well documented as shown by its member- The youngest of five sons, he was born in HON. ROBERT MENENDEZ ship in the Asian Development Bank, its ad- New Rochelle, N.Y., on May 24, 1923, to T. OF NEW JERSEY mission to the Asia-Pacific Economic Co- Harold and Carrie Forbes. IN THE HOUSE OF REPRESENTATIVES operation group as a full member, and its Mr. Forbes was a graduate of Manhasset Thursday, September 25, 2003 (L.I.) High School and Colgate University, membership in the World Trade Organization. and served with the U.S. Army during World Mr. MENENDEZ. Mr. Speaker, I rise today Taiwan possesses ample resources to con- War II. He started his newspaper career at to honor Maria Nolfo for her 32 years of lead- tribute to the work and funding of the U.N. as the New York Daily News. After he sold The ership and dedication to the students of Ba- shown in its many contributions of humani- Sunday Review and The News-Review to yonne. Ms. Nolfo will be honored with the tarian aid. Such projects by Taiwan include re- Cowles Communications in the 1970s, Mr. Italian-American Educator Award by the Ba- lief supplies for Iraq and Afghanistan, AIDS Forbes worked for The Traveler-Watchman in Southold and WRIV Radio in Riverhead. yonne Columbus Committee at the 2003 Hon- prevention in Africa, the dispatch of rescue Mr. Forbes was a longtime member of the oree Dinner-Dance on September 27, 2003, at teams following natural disasters in El Sal- Riverhead Rotary Club and Riverhead Cham- the Chandelier Restaurant in Bayonne, New vador, Nicaragua and Turkey and assistance ber of Commerce, a former president of the Jersey. to victims of the 9/11 disaster here in the Quogue Board of Education and a member of Since 1972, Ms. Nolfo has been an excep- United States. Quogue Fire Department. He and his wife, tional educator in Bayonne’s public schools. Taiwan’s accession to the United Nations is Barbara (known to all as ‘‘Cam’’), were She began her career in the school system long overdue. Its 23 million people deserve among the early members of the St. Pat- teaching English as a Second Language, help- this important vehicle to full participation in the rick’s Day Parade Committee in West- hampton Beach and are the only husband ing children adapt to a new language and new global community. and wife to be honored and named, sepa- environment. Her dedication and gift for teach- As Taiwan bids to return to the United Na- rately, as grand marshals of the popular pa- ing led Ms. Nolfo to teach courses in con- tions, I wish to say that 1 totally support Tai- rade. He later relocated to New Hampshire versational Spanish for fellow teachers in the wan’s aspirations to be a member of this glob- and worked with his son, Tom, founder of Bayonne school district. al body. Taiwan has all the qualifications: a

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A25SE8.053 E25PT1 E1906 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 sound political system, a much-admired econ- the many achievements of this great athlete cation at exactly the time that more people omy and a genuine desire to maintain peace during his college career. need college training to be competitive in the and prosperity in East Asia and the world. In addition to the achievements specified in global marketplace. Instead of meeting that With membership in the United Nations, Tai- H. Res. 315, ‘‘Raffy’s’’ college career high- challenge, virtually every state—crippled by wan will become a truly useful international lights include: federal policies that increased national and player, contributing its finances and ideas to Three-year starter in left field for MSU. state debts—is cutting college funding and combat nuclear proliferation, environmental Set MSU & SEC career record for home raising tuitions at public colleges: a one-two abuses, and the spread of infectious diseases runs (67), runs batted in (239) and total bases punch that is closing the doors of higher edu- such as AIDS and SARS. As of now, Taiwan (530). cation to millions including disadvantaged and has not been invited to any of the various Led SEC and ranked second nationally with minority students and those who need more U.N.-sponsored conferences and programs on 29 home runs in 1984. education to find new jobs. And the President HIV/AIDS. Moreover, no U.N. bodies are will- Led SEC and ranked third nationally with 94 has frozen the major federal higher education ing to accept Taiwan’s aid for Afghanistan and RBI in 1984. grant program, forcing students to take on Iraq. This is not in the interests of the Afghan In 1984 became the SEC’s first Triple more debt or forgo college. and Iraqi people. Crown winner, leading the league in batting The College Opportunity Act for All goes in Also, with membership in the United Na- average (415), home runs (29) and RBI (94). a very different direction—it would increase tions, Taiwan will be able to incorporate itself Named Baseball America’s Freshmen of the college opportunities for millions of Americans into the international system of human rights Year in 1983. through smart investments and innovations. protection, abide by the Universal Declaration Became SEC’s first three-time All American The College Opportunity Act for All will: of Human Rights, the International Covenant in Baseball. Allow student borrowers burdened with high on Civil and Political Rights, and the Vienna Helped lead MSU to its highest national fin- interest rates to refinance their loans and save Declaration and Program of Action. It is heart- ish in baseball (tied for 3rd in 1985). money; stop the unfair tax on working stu- ening to know Taiwan’s commitment to human Named to 1983 SEC All-Tournament Team. dents, allowing students who work to save rights is very serious. It is establishing a Na- more of their earnings for college costs; dou- tional Human Rights Commission in accord- Named to NCAA regional all-tournament ble the maximum federal college scholarships ance with the principles outlined by the United teams in 1984 and 1985. (Pell Grant) to $11,600 by 2011, to help re- Nations. First round draft pick (22nd overall) of the store its buying power; establish a new com- Being the world’s 17th largest economy, Chicago Cubs (June 1985). Named All-American in 1983, 1984, and petitive grant program to expand graduate- Taiwan will most certainly be able to carry out level degree programs at Hispanic Serving In- all United Nations Charter obligations. Tai- 1985. Mr. Speaker, there is no doubt in my mind stitutions; greatly increase the investment in all wan’s efforts to help other countries would be Minority Serving Institutions, providing the re- much more effective if they could be coordi- that one day in the near future Rafael Palmeiro will be inducted into the National sources necessary to serve the burgeoning nated with international efforts sponsored by population of minority students; provide public the U.N. and its specialized agencies. Baseball Hall of Fame at Cooperstown, New York. He is a super star par excellence that service scholarships to students who pursue Perhaps one of the best reasons for sup- careers in teaching, nursing, and other na- porting Taiwan’s membership in the United we all can relate to. He has proved himself as a great athlete, a great and caring American, tional high priority needs which are having dif- Nations is that Taiwan is willing and anxious ficulty recruiting and retaining trained per- to be a full contributing member of the United a great role model among Cuban-American, and an inspiration to all those seeking the sonnel; and drastically simplify the student aid Nations. So, let’s speak up for our friend and application. ally, the Republic of China on Taiwan. Let’s American Dream. Because of his love for tell the world how unfair it has been to deny baseball, his MSU family, and his country, it While we must address the problem of spi- the 23 million people of Taiwan their voice and gives me great pleasure to join with the full raling tuition this year, however we must not representation in the United Nations and espe- House in congratulating Rafael Palmeiro for take the wrong-headed approach of Repub- cially their willingness to other nations in need. hitting his 500th homerun and his outstanding lican proposals that would impose price con- baseball career. trols and punish innocent students for tuition f f raises they have no role in determining. In- HONORING RAFAEL PALMEIRO stead we must address the fiscal policies that INTRODUCTION OF THE COLLEGE result in states’ cutting aid to colleges and HON. CHARLES W. ‘‘CHIP’’ PICKERING OPPORTUNITY FOR ALL ACT thus forcing students to pay higher tuitions. The future of our economy hinges on the OF MISSISSIPPI ability of young people to afford college. Near- IN THE HOUSE OF REPRESENTATIVES HON. GEORGE MILLER OF CALIFORNIA ly 2 out of the 3 new jobs that will be created Thursday, September 25, 2003 over the next 7 years will require some post- IN THE HOUSE OF REPRESENTATIVES Mr. PICKERING. Mr. Speaker, I rise today high school training. If we can lower the cur- Thursday, September 25, 2003 to express appreciation to my colleagues for rent 32 percent gap between college participa- passing H. Res. 315 on September 10, 2003. Mr. GEORGE MILLER of California. Mr. tion by low and high income young adults, we Most will recall this legislation as recognizing Speaker, I am pleased to submit, with fifty-one could add $250 billion in gross domestic prod- the outstanding feat of Rafael Palmeiro, an of my colleagues in the House, the College uct and $85 billion in tax revenue that will help alumnus of Mississippi State University (MSU), Opportunity for a Better America Act. to strengthen the economy. who hit his 500th homerun as a major leaguer Higher education has long served as a crit- The Republican tax cuts and budget cuts at Arlington Park, Texas, on May 11, 2003. ical vehicle to move the country forward and have devastated states and along with the Also, I want to extend a personal thanks to provide the opportunity for a better life to mil- weak economy pushed higher prices onto col- my good friend Representative PETE SESSIONS lions. But too many low and middle income lege students and their families and now the for introducing and sponsoring this legislation. students and their families are struggling with Republicans propose slashing funding to col- As most of you know, MSU is the flagship soaring college costs, taking on mountains of leges in retribution for tuition increases. That university in Mississippi’s Third Congressional debt and working long hours that hurt their means even more tuition increases for stu- District. Located in Starkville, it is known academics and overall college experience. dents, and a weakening of our higher edu- throughout the country for its great baseball And still many others cannot afford to attend cation system. We have to work with the tradition under legendary Coach Ron Polk, college at all. states, who are forcing tuition increases be- who began his 30th season in 2002 with an The College Opportunity Act for All will es- cause of education cutbacks, to craft a solu- 1165Ð558Ð1 career record. He is ranked 8th tablish innovative programs to allow students tion that brings tuition costs down. among active NCAA Division I baseball coach- to earn their degrees quicker, increases op- I strongly urge my colleagues to join me in es. portunities for Latino families to pursue ad- honoring this tradition by supporting the Col- It is with pride in the University, pride in vanced degrees, and encourages the best lege Opportunity for a Better America Act. It is Coach Polk, and pride in Rafael, better known graduates to pursue public service careers. an important step towards making college to the MSU family as ‘‘Raffy’’ that I present Republican tax policy and education budget more affordable and accessible for all Ameri- these remarks to identify, and further amplify, cuts have weakened American higher edu- cans.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A25SE8.056 E25PT1 September 25, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1907 MOTION TO INSTRUCT CONFEREES Tyler was a great citizen. He was a man Romer, handling all legal matters for the gov- ON H.R. 1, MEDICARE PRESCRIP- who devoted himself to his community. His ernor and advising on all judicial appoint- TION DRUG AND MODERNIZA- hard work and dedication will serve as inspira- ments. As policy director, he supervised the TION ACT OF 2003 tion to others. development of policy on economic, environ- f mental, health care, energy, telecommuni- SPEECH OF cations, transportation and education. Those DEDICATION OF THE MONT- close to Governor Romer will confirm that HON. BART STUPAK GOMERY COUNTY MEMORIAL TO Cole was highly respected and had the affec- OF MICHIGAN THE VICTIMS OF THE SEP- tionate esteem of the Governor and his staff, IN THE HOUSE OF REPRESENTATIVES TEMBER 11 ATTACKS in large part because he respected dissenting Wednesday, September 24, 2003 opinions and always found time to mentor HON. CHRIS VAN HOLLEN those who were less experienced. Mr. STUPAK. Mr. Speaker, I rise today in OF MARYLAND As a senior member of the law firm, favor of Representative KIND’s Motion to In- IN THE HOUSE OF REPRESENTATIVES Brownstein, Hyatt and Farber, Cole worked on struct on the Medicare prescription drugs bill. land use issues, regulatory and administrative Thursday, September 25, 2003 The Medicare program presently contains matters and election law. I am proud to say payment disparities that are biased against Mr. VAN HOLLEN. Mr. Speaker, just a short that he also found time to serve as my coun- rural areas such as Northern Michigan, which time ago, the sunlight shone from the heavens sel, and has been a trusted advisor for the I represent. and brightened and warmed the names of the time I have served in Congress. Other mem- This language instructs the Medicare pre- eleven beloved members of our county who bers of the House will recognize Cole’s in- scription drug bill conferees to address the in- perished in the awful attacks two years ago. volvement with the Democratic National Cam- equities that cause many of the providers in That moment reflected how we will remember paign Committee, and his friendship, political Northern Michigan to be paid significantly less them: as eleven individuals, men and women advice and steady support for so many of our than our urban counterparts for the same who warmed the lives of their family and colleagues. services. friends and brightened our entire community. Cole’s service has not been limited to par- This problem puts our health providers at a This beautiful memorial allows us—each in tisan matters, however. His commitment to severe disadvantage and adversely affects his/her own way—in solitude or in the com- educational opportunity is demonstrated by his seniors’ access to quality health care in our pany of others, to remember the eleven indi- service as Vice Chair of the Denver Public communities. viduals who gave their lives to our country that Schools Foundation Board of Directors, a As a Member of the bipartisan House Rural day. member of the Board of Directors of the I Health Care Coalition, I insist that the con- And as I read the beautiful passages in- Have a Dream Foundation, a member of the ferees and the President pay close attention to scribed on the benches, I was filled with great Urban Land Institute, and a member of the the rural Medicare fix that is outlined in both hope and great faith. For the inscriptions make Advisory Board of Directors for the Community this motion and the letters sent by our Coali- clear that those who took the lives of the elev- College of Denver. He has also served on the tion to the conferees and the President. en souls two years ago utterly failed in their Colorado State Board of Agriculture governing As I’ve mentioned over and over, rural sen- ultimate purpose. For where they sought to di- Colorado State University and the Board of iors are generally older, sicker, and poorer vide us, they have only strengthened our Trustees for the State Colleges of Colorado. than those in non-rural areas. bonds. Where they sought to instill fear, they This long list of public accomplishment for have seen resolve. Where they sought to sow Why we would turn our backs on the sen- such a young man, however, is not what im- despair, they have been met with faith. Where iors who most need our help is beyond me. presses me most about Cole Finegan. I count they sought to poison our hearts with hate, The Kind motion instructs the conferees to him as a friend and a role model because they have seen the strength of love. select the essential rural provisions from the Cole has lived the adage in politics that ‘‘one And as the sun shining down on those elev- House and Senate Medicare bills and ensures can disagree without being disagreeable.’’ He en names has shown, where they first brought that rural beneficiaries and providers are not is a man of accomplishment in the public darkness, remembering them has brought light left behind. arena to be sure, but he is also a man with and warmth. And America will never forget. f a great and good heart. f TRIBUTE TO TYLER MATTHEW One story may suffice to demonstrate my PINCHOT RECOGNIZING THE PUBLIC point: I learned only recently that Cole has for SERVICE OF COLE FINEGAN many years provided legal service to an indi- gent man whom he befriended during a past HON. LORETTA SANCHEZ HON. MARK UDALL political campaign. Many busy and successful OF CALIFORNIA lawyers with high-rise offices overlooking Den- OF COLORADO IN THE HOUSE OF REPRESENTATIVES ver’s fashionable 17th street would find it more IN THE HOUSE OF REPRESENTATIVES convenient to pass this work on to a subordi- Thursday, September 25, 2003 Thursday, September 25, 2003 nate or even quietly ignore a face from the Ms. LORETTA SANCHEZ of California. Mr. Mr. UDALL of Colorado. Mr. Speaker, I rise past. Cole made time to treat this man like a Speaker, I rise today to honor the life of Tyler today to acknowledge Cole Finegan, who for valued human being, and in fact, most of Matthew Pinchot, a 23-year-veteran of the the past sixteen years has made significant those who’ve worked with Cole, including Buena Park Police Department. contributions to the political, philanthropic, those who’ve found him to be a worthy adver- Tyler was raised in my district in the city of legal and social fabric of Colorado. Cole has sary, will insist that Cole’s great gift is that he Garden Grove and he was a graduate of recently been selected to serve as the City At- honors the humanity in people. Golden West College’s police program in torney for Denver by Mayor John In short, I believe Cole Finegan deserves to 1979. Hickenlooper, where he will serve with distinc- be mentioned here—not because he is a high- He was the only Buena Park police officer tion. ly successful public servant—but because he to win the Officer of the Year Award two years A native of Oklahoma, Cole graduated from has proven that excellence in public service in a row in 1991 and 1992. Notre Dame in 1978. He completed his law does not have to come at the expense of When not on duty protecting citizens, he degree at Georgetown University in 1987, being a good and kind human being. volunteered his time for his community. He where he worked for the Tax Lawyer Law Re- With his unique blend of public, private and was a Special Weapons and Tactics team view. nonprofit experience, Cole Finegan will bring member, station house Santa Claus and a tac- No stranger to the House, his public sector wisdom and experience to the office of Den- tical officer at Fullerton College’s police re- experience began with Congressman Jim ver’s City Attorney and assume a leadership serve academy. Jones of Oklahoma, for whom he served as a role that will build innovative ideas and man- Sadly, on June 13 Tyler was trying to catch legislative aide, campaign manager and later agement to city government. I wish him well in up to a traffic violator when a car struck his as chief of staff. this exciting endeavor and thank him for his motorcycle. He later died as a result of his in- Cole later served as chief legal counsel and commitment to public service and the citizens juries. policy director for Colorado Governor Roy of Denver and Colorado.

VerDate jul 14 2003 04:13 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A25SE8.060 E25PT1 E1908 CONGRESSIONAL RECORD — Extensions of Remarks September 25, 2003 CONGRATULATING NORTH HILLS proud of their effectiveness and compassion nization’s case management program includes COMMUNITY OUTREACH, MILL- as they help the people of my district in the such services as employment assistance, util- VALE TEN-YEAR ANNIVERSARY midst of difficult times. ity and rent assistance, an emergency food The Millvale satellite was established in pantry and the Faith in Action program in HON. MICHAEL F. DOYLE 1993 and was originally housed in the choir which volunteers help the frail elderly and OF PENNSYLVANIA loft at Christ Lutheran Church. Having out- adults with disabilities with transportation, yard work and light chores. IN THE HOUSE OF REPRESENTATIVES grown that space, the offices were moved to a storefront at 223 North Avenue in 1997. Un- Over the past ten years, thousands of peo- Thursday, September 25, 2003 fortunately, the need for North Hills Commu- ple in need have benefited from North Hills Mr. DOYLE. Mr. Speaker, I rise today to nity Outreach’s services continues to grow and Community Outreach’s caring, professional congratulate North Hills Community Outreach they are planning to move to an even larger staff and dedicated volunteers. I commend on their Millvale satellite’s ten-year anniver- facility. To that end, North Hills Community North Hills Community Outreach on their mis- sary. Founded in Allison Park, Pennsylvania, Outreach is collaborating with Millvale Bor- sion of ‘‘people helping people’’ and their be- in 1987, North Hills Community Outreach is an ough on the potential expansion and refurbish- lief that no one in northern Allegheny County interfaith nonprofit organization that addresses ment of the Community Center in Millvale. should ever feel hungry, alone or forgotten. the basic needs of individuals and families I applaud North Hills Community Outreach’s I wish them the best of luck with their move who are in crisis, hardship and poverty. I am holistic approach to helping people. The orga- and hope for much continued success.

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HIGHLIGHTS House and Senate passed H.J. Res. 69, Continuing Appropriations. Senate agreed to the Conference Report to accompany H.R. 2658, De- partment of Defense Appropriations Act. Senate passed H.R. 3161, Do Not Call Registry Act. The House passed H.J. Res 69, making continuing appropriations for the fiscal year 2004. The House passed H.R. 3161, to ratify the authority of the Federal Trade Commission to establish a do-not-call registry. Senate Continuing Appropriations: Senate passed H.J. Chamber Action Res. 69, making continuing appropriations for the Routine Proceedings, pages S11929–S12026 fiscal year 2004, clearing the measure for the Presi- Measures Introduced: Ten bills and two resolu- dent. Page S11971 tions were introduced, as follows: S. 1655–1664, and Edward O’Grady, Waverly Brown, Peter Paige S. Res. 234–235. Pages S11988–89 Post Office Building: Committee on Governmental Measures Reported: Affairs was discharged from further consideration of S. Res. 98, expressing the sense of the Senate that S. 1591, to redesignate the facility of the United the President should designate the week of October States Postal Service located at 48 South Broadway, 12, 2003, through October 18, 2003, as ‘‘National Nyack, New York, as the ‘‘Edward O’Grady, Wa- Cystic Fibrosis Awareness Week’’, with an amend- verly Brown, Peter Paige Post Office Building’’, and ment. the bill was then passed. Page S12022 S. Res. 209, recognizing and honoring Wood- Video Voyeurism Prevention Act: Senate passed stock, Vermont, native Hiram Powers for his ex- S. 1301, to amend title 18, United States Code, to traordinary and enduring contributions to American prohibit video voyeurism in the special maritime and sculpture. territorial jurisdiction of the United States, after S. Res. 222, designating October 17, 2003 as agreeing to the committee amendment in the nature ‘‘National Mammography Day’’. of a substitute. Pages S12022–23 S. 1293, to criminalize the sending of predatory Federal Maritime Commission Authorization and abusive e-mail, with an amendment in the na- Act: Senate passed S. 1244, to authorize appropria- ture of a substitute. tions for the Federal Maritime Commission for fiscal S. 1451, to reauthorize programs under the Run- years 2004 and 2008, after agreeing to the com- away and Homeless Youth Act and the Missing mittee amendments. Pages S12023–24 Children’s Assistance Act. Page S11987 National Cystic Fibrosis Awareness Week: Sen- Measure Passed: ate agreed to S. Res. 98, expressing the sense of the Do Not Call Registry Ratification: By a unani- Senate that the President should designate the week mous vote of 95 yeas (Vote No. 365), Senate passed of October 12, 2003, through October 18, 2003, as H.R. 3161, to ratify the authority of the Federal ‘‘National Cystic Fibrosis Awareness Week’’, after Trade Commission to establish a do-not-call registry, agreeing to the committee amendment. Page S12024 clearing the measure for the President. Recognizing and Honoring Hiram Powers: Sen- Pages S11957–67 ate agreed to S. Res. 209, recognizing and honoring D1046

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Woodstock, Vermont, native Hiram Powers for his Routine list in the Air Force. Page S12026 extraordinary and enduring contributions to Amer- Messages From the House: Page S11986 ican sculpture. Pages S12024–25 Measures Read First Time: Page S11986 National Mammography Day: Senate agreed to S. Res. 222, designating October 17, 2003 as ‘‘Na- Enrolled Bills Presented: Page S11986 tional Mammography Day’’. Pages S12024–25 Executive Communications: Pages S11986–87 Honoring Detroit Shock: Senate agreed to S. Res. Executive Reports of Committees: Pages S11987–88 234, honoring the Detroit Shock on winning the Additional Cosponsors: Pages S11989–90 Women’s National Basketball Association Cham- pionship. Pages S12025–26 Statements on Introduced Bills/Resolutions: Pages S11990–S12003 District of Columbia Appropriations Act: Senate continued consideration of H.R. 2765, making ap- Additional Statements: Pages S11983–86 propriations for the government of the District of Amendments Submitted: Page S12003 Columbia and other activities chargeable in whole or Authority for Committees to Meet: Page S12004 in part against the revenues of said District for the fiscal year ending September 30, 2004, taking action Text of H.R. 2691, as Previously Passed: on the following amendments proposed thereto: Pages S12004–22 Pages S11943–57, S11971, S11971–78 Record Votes: Four record votes were taken today. Adopted: (Total—367) Pages S11943, S11967, S11968, S11970–71 Feinstein Modified Amendment No. 1787 (to Adjournment: Senate met at 9:30 a.m., and ad- Amendment No. 1783), to amend the DC Student journed at 8:26 p.m., until 9:30 a.m., on Friday, Opportunity Scholarship Program regarding student September 26, 2003. (For Senate’s program, see the assessments. Pages S11943–57, S11971 remarks of the Acting Majority Leader in today’s Pending: Record on page S12026.) DeWine/Landrieu Amendment No. 1783, in the nature of a substitute. Pages S11943–57, S11971, S11971–78 Committee Meetings A unanimous-consent agreement was reached pro- viding for further consideration of the bill at 9:30 (Committees not listed did not meet) a.m., on Friday, September 26, 2003. Page S12026 Defense Department Appropriations—Con- SUPPLEMENTAL APPROPRIATIONS ference Report: By a unanimous vote of 95 yeas Committee on Appropriations: Committee concluded a (Vote No. 364), Senate agreed to the conference re- hearing to examine the President’s fiscal year 2004 port on H.R. 2658, making appropriations for the supplemental request for Iraq and Afghanistan, fo- Department of Defense for the fiscal year ending cusing on the Afghanistan operations, after receiving September 30, 2004, clearing the measure for the testimony from Dov S. Zakheim, Under Secretary of President. Pages S11938–43 Defense (Comptroller); Peter Rodman, Assistant Sec- Nominations Confirmed: Senate confirmed the fol- retary of Defense for International Security Affairs; lowing nominations: and General Peter Pace, Vice Chairman, Joint Chiefs By unanimous vote of 95 yeas (Vote No. Ex. 366), of Staff. Dana Makoto Sabraw, of California, to be United States District Judge for the Southern District of NOMINATIONS California. Pages S11967–68, S12026 Committee on Armed Services: Committee ordered favor- By unanimous vote of 93 yeas (Vote No. 367), ably reported the nominations of Gordon England, of Michael W. Mosman, of Oregon, to be United States Texas, to be Secretary of the Navy, and 5,552 mili- District Judge for the District of Oregon. tary nominations in the Army, Navy, Air Force, and Pages S11970–71, S12026 Marine Corps. Nominations Received: Senate received the fol- lowing nominations: SUPPLEMENTAL APPROPRIATIONS Gregory E. Jackson, of the District of Columbia, Committee on Armed Services: Committee concluded a to be an Associate Judge of the Superior Court of hearing to examine ongoing military operations and the District of Columbia for the term of fifteen reconstruction efforts in Iraq, focusing on the Presi- years. dent’s fiscal year 2004 supplemental request for Iraq 1 Army nomination in the rank of general. and Afghanistan, after receiving testimony from L.

VerDate jul 14 2003 03:52 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25SE3.REC D25SE3 D1048 CONGRESSIONAL RECORD — DAILY DIGEST September 25, 2003 Paul Bremer III, Administrator, Coalition Provi- Wendi Hill, Associate Commissioner, Headstart Bu- sional Authority for Iraq; and General John P. reau, Administration for Children and Families, De- Abizaid, Commander, U.S. Central Command. partment of Health and Human Services; Mavany TERRORIST FINANCING Verdugo, National Indian Head Start Directors Asso- ciation, Valley Center, California; Henrietta Gomez, Committee on Banking, Housing, and Urban Affairs: Taos Pueblo Head Start Program, Taos, New Mex- Committee held a hearing to examine counterterror ico; Consuelo Guillory, Nez Perce Tribe Head Start initiatives in the terror finance program, focusing on Program, Lapwai, Idaho; Leroy Turney, Leech Lake the role of the anti-moneylaundering regulatory re- Band of Ojibwe Head Start, Cass Lake, Minnesota; gime in the financial war on terrorism, better utili- Ann Belleau, Inter-Tribal Council of Michigan Inc. zation of technology, increased information sharing, Head Start/Early Head Start, Sault Ste. Marie, developing similar international standards, and the Michigan; Gilbert Sanchez, Pueblo of Laguna De- formation of The Terrorist Financing Operations Sec- partment of Education, Laguna, New Mexico; Roy tion (TFOS), receiving testimony from David D. Laughter, Navajo Nation, Phoenix, Arizona; and Leo Aufhauser, General Counsel, Department of the Morgan, Navajo Nation, Window Rock, Arizona. Treasury; and John S. Pistole, Assistant Director, Counterterrorism Division, Federal Bureau of Inves- BUSINESS MEETING tigation, Department of Justice; and E. Anthony Committee on the Judiciary: Committee ordered favor- Wayne, Assistant Secretary of State for Economic ably reported the following business items: and Business Affairs. S. 1451, to reauthorize programs under the Run- IN UTERO SURGERY away and Homeless Youth Act and the Missing Committee on Commerce, Science, and Transportation: Sub- Children’s Assistance Act; committee on Science, Technology, and Space con- S. 1293, to criminalize the sending of predatory cluded a hearing to examine scientific and medical and abusive e-mail, with an amendment in the na- advances in the field of In Utero Surgery, after re- ture of a substitute; ceiving testimony from James Thorp, University of S. Res. 209, recognizing and honoring Wood- Florida at Pensacola, on behalf of the Regional stock, Vermont, native Hiram Powers for his ex- Perinatal Center Sacred Heart Women’s Hospital; traordinary and enduring contributions to American Alex Armas and Julie Armas, both of Villa Rica, sculpture; Georgia; and Michael Clancy, Roscoe, Illinois. S. Res. 222, designating October 17, 2003 as ‘‘National Mammography Day’’; NOMINATIONS S. Res. 98, expressing the sense of the Senate that Committee on Foreign Relations: Committee ordered fa- the President should designate the week of October vorably reported the nominations of Richard Eugene 12, 2003, through October 18, 2003, as ‘‘National Hoagland, of the District of Columbia, to be Am- Cystic Fibrosis Awareness Week’’, with an amend- bassador to the Republic of Tajikistan, Pamela P. ment; and Willeford, of Texas, to be Ambassador to Switzer- The nominations of Mauricio J. Tamargo, of Flor- land, and to serve concurrently and without addi- ida, to be Chairman of the Foreign Claims Settle- tional compensation as Ambassador to the Princi- ment Commission of the United States, and John pality of Liechtenstein, who was introduced by Sen- Francis Bardelli, to be United States Marshal for the ators Hutchison and Cornyn; and James Casey District of Connecticut, both of the Department of Kenny, of Illinois, to be Ambassador to Ireland, who Justice; Carlos T. Bea, of California, to be United was introduced by Senators Durbin and Fitzpatrick, States Circuit Judge for the Ninth Circuit, Marcia after the nominees testified and answered questions A. Crone, to be United States District Judge for the in their own behalf. Eastern District of Texas, Phillip S. Figa, to be United States District Judge for the District of Colo- HEAD START PROGRAM rado, William Q. Hayes, to be United States District REAUTHORIZATION Judge for the Southern District of California, John Committee on Indian Affairs: Committee concluded a A. Houston, to be United States District Judge for hearing to examine proposed legislation to reauthor- the Southern District of California, Robert Clive ize the Head Start program, focusing on culturally Jones, to be United States District Judge for the appropriate curricula and practices, distance learning, District of Nevada, and Ronald A. White, to be and including the Leguna Head Start and Early United States District Judge for the Eastern District Childhood Programs, after receiving testimony from of Oklahoma.

VerDate jul 14 2003 03:52 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25SE3.REC D25SE3 September 25, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D1049 House of Representatives Prescription Drug and Modernization Act of 2003, Chamber Action which was debated on Wednesday, September 24, by Measures Introduced: 18 public bills, H.R. a yea and nay vote of 199 yeas to 220 nays, Roll 3177–3194; and 3 resolutions, H. Con. Res. 289 No. 522. Page H8922 and H. Res. 379–380, were introduced. Later the House debated the Sandlin motion to Pages H8949–50 instruct conferees on the bill. Further consideration Additional Cosponsors: Pages H8950–51 on the motion was postponed until a later date. Reports Filed: Reports were filed as follows: Pages H8925–30 H.R. 2714, to reauthorize the State Justice Insti- National Defense Authorization Act—Motion to tute (H. Rept. 108–285); and Instruct Conferees: The House agreed to the Crow- H.R. 1829, to amend title 18, United States ley motion to instruct conferees on H.R. 1588, Na- Code, to require Federal Prison Industries to com- tional Defense Authorization Act for Fiscal Year pete for its contracts minimizing its unfair competi- 2004, which was debated on Wednesday, September tion with private sector firms and their non-inmate 24, by a yea and nay vote of 356 yeas to 67 nays, workers and empowering Federal agencies to get the Roll No. 523. Page H8923 best value for taxpayers’ dollars, to provide a five- Tax Relief, Simplification, and Equity Act—Mo- year period during which Federal Prison Industries tion to Instruct Conferees: The House debated the adjusts to obtaining inmate work opportunities Pallone motion to instruct on H.R. 1308, Tax Re- through other than its mandatory source status, to lief, Simplification, and Equity Act. Further pro- enhance inmate access to remedial and vocational op- ceedings on the motion were postponed until a later portunities and other rehabilitative opportunities to date. Pages H8930–35 better prepare inmates for a successful return to soci- ety, to authorize alternative inmate work opportuni- Meeting Hour: Agreed that when the House ad- ties in support of non-profit organizations (H. Rept. journs today, September 25, it adjourn to meet at 12 108–286). Page H8949 noon on Monday, September 29, and further that when the House adjourns on Monday, it adjourn to Chaplain: The prayer was offered today by Rev. Dr. meet at 12:30 p.m. on Tuesday, September 30 for Harold R. Mayberry, Senior Pastor, First African morning hour debate. Page H8925 Methodist Episcopal Church in Oakland, California. Page H8907 Calendar Wednesday: Agreed to dispense with the Calendar Wednesday business of Wednesday, Octo- Partial Birth Abortion Ban Act—Appointed as ber 1. Page H8925 Conferees: The Speaker announced that Representa- tives Chabot and Lofgren were added as conferees on Senate Message: Message received from the Senate S. 3, Partial-Birth Abortion Ban Act of 2003. today appears on page H8936. Page H8907 Adjournment: The House met at 10 a.m. and ad- Continuing Appropriations for Fiscal Year 2004: journed at 4:19 p.m. The House passed H.J. Res. 69, making continuing appropriations for the fiscal year 2004 by a yea and Committee Meetings nay vote of 407 yeas to 8 nays , Roll No. 520. IRAQ—U.S. POLICY AND OPERATIONS Pages H8909–16 Considered under a unanimous consent agreement Committee on Armed Services: Held a hearing on United reached on Wednesday, September 24. States policy and operations in Iraq. Testimony was Do-Not-Call Registry: The House passed H.R. heard from the following officials of the Department 3161, to ratify the authority of the Federal Trade of Defense: Paul Wolfowitz, Deputy Secretary; Gen. Commission to establish a do-not-call registry by a John Abizaid, USA, Commander, U.S. Central Com- yea and nay vote of 412 yeas to 8 nays, Roll No. mand and Gen. John M. Keane, USA, Vice Chief of Staff, U.S. Army; and Ambassador L. Bremer III, 521. Pages H8916–22 Considered under a unanimous consent agreement Presidential Envoy to Iraq and Administrator of the reached on Wednesday, September 24. Coalition Provisional Authority. Medicare Prescription Drug Benefit—Motion to MISCELLANEOUS MEASURES Instruct Conferees: The House rejected the Kind Committee on Education and the Workforce: Ordered re- motion to instruct conferees on H.R. 1, Medicare ported the following measures: H.R. 3076, amended,

VerDate jul 14 2003 03:52 Sep 26, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25SE3.REC D25SE3 D1050 CONGRESSIONAL RECORD — DAILY DIGEST September 25, 2003 Graduate Opportunities in Higher Education Act of The Committee adversely reported H. Res. 364, of 2003; H.R. 3077, amended, International Studies in inquiry requesting the President to transmit to the Higher Education Act of 2003; and H. Con. Res. House of Representatives not later than 14 days after 282, honoring the life of Johnny Cash. the date of adoption of this resolution the report FREDDIE MAC: ACCOUNTING STANDARDS prepared for the Joint Chiefs of Staff entitled ‘‘Oper- ISSUES RAISED BY DOTY REPORT ation Iraqi Freedom Strategic Lessons Learned:’’ and documents in his possession on the reconstruction Committee on Energy and Commerce: Subcommittee on and security of post-war Iraq. Commerce, Trade and Consumer Protection held a The Committee also approved a motion urging hearing entitled ‘‘Freddie Mac: Accounting Standards the Chairman to request that the following measures Issues Raised in the Doty Report.’’ Testimony was be considered on the Suspension Calendar: H. Con. heard from public witnesses. Res. 274, commending the National Endowment for SECONDARY MORTGAGE MARKET Democracy for its contributions to democratic devel- ENTERPRISES REGULATORY opment around the world on the occasion of the IMPROVEMENT ACT; ADMINISTRATION’S 20th anniversary of the establishment of the Na- PROPOSALS ON GSE REGULATION tional Endowment for Democracy; H.R. 2264, Congo Basin Forest Partnership Act of 2003; H. Committee on Financial Services: Held a hearing on the Res. 372, expressing the condolences of the House following: H.R. 2575, Secondary Mortgage Market of Representatives in response to the murder of Enterprises Regulatory Improvement Act; and the Swedish Foreign Minister Anna Lindh; and H. Res. Administration’s proposals on GSE regulation. Testi- 356, expressing the sense of the House of Represent- mony was heard from Armando Falcon, Jr., Director atives regarding the man-made famine that occurred Office of Federal Housing Enterprise Oversight, De- in Ukraine 1932–1933. partment of Housing and Urban Development; the following officials of the Federal Housing Finance U.S. POLICY TOWARD IRAQ Board: John T. Korsmo, Chairman; David H. Committee on International Relations: Held a hearing on Hehman, President and CEO, Federal Home Loan U.S. Policy Toward Iraq. Testimony was heard from Bank of Cincinnati; and Dean Schultz, President and Ambassador L. Paul Bremer III, Presidential Envoy CEO, Federal Home Loan Bank of San Francisco; to Iraq and Administrator of the Coalition Provi- and public witnesses. sional Authority. MISCELLANEOUS MEASURES TOXIC RELEASE INVENTORY—IMPACT ON Committee on Government Reform: Ordered reported the FEDERAL MINERALS AND ENERGY following measures: H.R. 1151, to provide that tran- Committee on Resources: Subcommittee on Energy and sit pass transportation fringe benefits be made avail- Mineral Resources held an oversight hearing entitled able to all qualified Federal employees in the Na- ‘‘The Toxic Release Inventory and its Impact on tional Capital Region; to allow passenger carriers Federal Minerals and Energy.’’ Testimony was heard which are owned or leased by the Government to be from Kim Nelson, Assistant Administrator, EPA; used to transport Government employees between and public witnesses. their place of employment and mass transit facilities; MARINE MAMMAL PROTECTION ACT H.R. 1231, to amend the Internal Revenue Code of AMENDMENTS; MISCELLANEOUS 1986 to allow Federal civilian and military retirees MEASURES to pay health insurance premiums on a pretax basis and to allow a deduction for TRICARE supple- Committee on Resources: Subcommittee on Fisheries mental premiums; H.R. 3054, District of Columbia Conservation, Wildlife and Oceans approved for full Military Retirement Equity Act of 2003; H. Con. Committee action, as amended, H.R. 2693, Marine Res. 273, recognizing and congratulating the East Mammal Protection Act Amendments of 1203. Boynton Beach, Florida, Little League team as the The Subcommittee also held a hearing on the fol- 2003 United States Little League Champions; and lowing bills: H.R. 154, to exclude certain properties H.R. 3159, Government Network Security Act of from the John H. Chafee Coastal Barrier Resources 2003. System; H.R. 2501, to clarify the boundaries of Coastal Barrier Resources System Cape Fear Unit MISCELLANEOUS MEASURES NC–07P; H.R. 2619, to provide for the expansion Committee on International Relations: Ordered reported, of Kilauea Point National Wildlife Refuge; H.R. as amended, H.R. 3145, to amend the Foreign As- 2623, Cahaba River National Wildlife Refuge Ex- sistance Act of 1961 to reauthorize the Overseas Pri- pansion Act; and H.R. 3056, to clarify the bound- vate Investment Corporation. aries of the John H. Chafee Coast Barrier Resources

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System Cedar Keys Unit P25 on Otherwise Pro- ment of the Office of Hearings and Appeals. Testi- tected Area P25P. Testimony was heard from Rep- mony was heard from the following officials of the resentatives Paul, Bachus, McIntyre and Case; Clint SSA: Jo Anne B. Barnhart, Commissioner; and James Riley, Special Assistant to the Director, U.S. Fish G. Huse, Jr., Inspector General; Syl Scheiber, mem- and Wildlife Service, Department of the Interior; ber, Social Security Advisory Board; and public wit- and public witnesses. nesses. WATER SUPPLY, RELIABILITY, AND ENVIRONMENTAL IMPROVEMENT ACT BRIEFING—GLOBAL INTELLIGENCE Committee on Resources: Subcommittee on Water and UPDATE Power approved for full Committee action H.R. Permanent Select Committee on Intelligence: Sub- 2828, Water Supply, Reliability, and Environmental committee on Intelligence Policy and National Secu- Improvement Act. rity met in executive session to receive a briefing on KEEPING THE LIGHTS ON: REMOVING Global Intelligence Update. The Subcommittee was BARRIERS TO TECHNOLOGY TO PREVENT briefed by departmental witnesses. BLACKOUTS INFORMATION ANALYSIS AND Committee on Science: Subcommittee on Energy held a hearing on Keeping the Lights on: Removing Bar- INFRASTRUCTURE PROTECTION AND THE riers to Technology to Prevent Blackouts. Testimony TERRORIST THREAT INTEGRATION was heard from James W. Glotfelty, Director, Office CENTER of Electric Transmission and Distribution, Depart- Permanent Select Committee on Intelligence: Sub- ment of Energy; and public witnesses. committee on Terrorism and Homeland Security met FUTURE OF RURAL in executive session to hold a hearing on Information TELECOMMUNICATIONS Analysis and Infrastructure Protection and the Ter- rorist Threat Integration Center. Testimony was Committee on Small Business: Subcommittee on Rural heard from departmental witnesses. Enterprises, Agriculture and Technology held a hear- ing entitled ‘‘The Future of Rural Telecommuni- f cations: Is the Universal Service Fund Sustainable?’’ Testimony was heard from Kathleen Abernathy, NEW PUBLIC LAWS Commissioner, FCC; and public witnesses. (For last listing of Public Laws, see DAILY DIGEST, p. D1023) VA’S LIFE INSURANCE PROGRAM H.R. 13, to reauthorize the Museum and Library Committee on Veterans’ Affairs: Subcommittee on Bene- Services Act. Signed on September 25, 2003. (Public fits held a hearing on the Department of Veterans Law 108–81). Affairs’ Life Insurance Program, Testimony was f heard from Thomas M. Lastowka, Director, VA Re- gional Office and Insurance Center, Veterans Bene- COMMITTEE MEETINGS FOR FRIDAY, fits Administration, Department of Veterans Affairs; SEPTEMBER 26, 2003 Col. Virginia S. Penrod, USAF, Director, Compensa- (Committee meetings are open unless otherwise indicated) tion, Military Personnel Policy, Department of De- fense; and representatives of veterans organizations. Senate SSA’S MANAGEMENT—OFFICE OF No meetings/hearings scheduled. HEARINGS AND APPEALS Committee on Ways and Means: Subcommittee on So- House cial Security held a hearing on the SSA’s Manage- No Committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, September 26 12 noon, Monday, September 29

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Pro forma session. of H.R. 2765, District of Columbia Appropriations Act.

Extensions of Remarks, as inserted in this issue

HOUSE Kildee, Dale E., Mich., E1890, E1891, E1895, E1898 Napolitano, Grace F., Calif., E1902 King, Peter T., N.Y., E1899 Oberstar, James L., Minn., E1900 Bereuter, Doug, Nebr., E1898 Langevin, James R., R.I., E1899 Paul, Ron, Tex., E1900 Bishop, Timothy H., Jr., N.Y., E1905 Lantos, Tom, Calif., E1889 Pickering, Charles W. ‘‘Chip’’, Miss., E1906 Boehlert, Sherwood, N.Y., E1896 Levin, Sander M., Mich., E1891, E1893 Pombo, Richard W., Calif., E1896 Calvert, Ken, Calif., E1891, E1893 Lipinski, William O., Ill., E1904 Rohrabacher, Dana, Calif., E1905 Capuano, Michael E., Mass., E1903 McCarthy, Karen, Mo., E1904 Sanchez, Loretta, Calif., E1907 Chocola, Chris, Ind., E1898 McGovern, James P., Mass., E1897 Serrano, Jose´ E., N.Y., E1894, E1897 Dingell, John D., Mich., E1901 McInnis, Scott, Colo., E1889, E1891, E1892, E1894, Doyle, Michael F., Pa., E1908 E1896, E1898, E1900, E1902, E1904, E1905 Stark, Fortney Pete, Calif., E1890, E1892, E1895 Gerlach, Jim, Pa., E1892, E1893 Menendez, Robert, N.J., E1889, E1891, E1895, E1897, Stupak, Bart, Mich., E1907 Gingrey, Phil, Ga., E1894 E1899, E1900, E1902, E1904, E1905 Thompson, Mike, Calif., E1903 Hall, Ralph M., Tex., E1890, E1893, E1897 Miller, George, Calif., E1906 Towns, Edolphus, N.Y., E1903 Hart, Melissa A., Pa., E1890, E1895 Miller, Jeff, Fla., E1896 Udall, Mark, Colo., E1907 Hoyer, Steny H., Md., E1901 Moore, Dennis, Kansas, E1903 Van Hollen, Chris, Md., E1907 Israel, Steve, N.Y., E1899 Myrick, Sue Wilkins, N.C., E1901 Wilson, Joe, S.C., E1894

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