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

Vol. 149 WASHINGTON, THURSDAY, , 2003 No. 125 House of Representatives The House met at 10 a.m. minute and to revise and extend his re- minute and to revise and extend his re- The Chaplain, the Reverend Daniel P. marks.) marks.) Coughlin, offered the following prayer: Mr. BLUNT. Mr. Speaker, we come Mr. HOYER. Mr. Speaker, the gen- Two years have passed, but we have here today to remember the tragedy of tleman from Missouri (Mr. BLUNT) is not forgotten. America will never for- 2 years ago and remember the changes my counterpart in this House. It is his get the evil attack on September 11, that it has made in our country. responsibility to organize his party to 2001. But let us not be overwhelmed by Two years ago this morning, early in vote on issues of importance to this repeated TV images that bring back the morning, a beautiful day, much country and to express their views. paralyzing fear and make us vulnerable like today, we were at the end of a fair- And on my side of the aisle, it is my re- once again. Instead, in a moment of si- ly long period of time in this country sponsibility to organize my party to lence, let us stand tall and be one with when there was a sense that there real- express our views. At times, that is ex- the thousands of faces lost in the dust; ly was no role that only the Federal traordinarily contentious and we dem- let us hold in our minds those who still Government could perform, that many onstrate to the American public, and moan over the hole in their lives. things that were done could be done at indeed to the world, sometimes deep With pride and purpose let us recall better places. By noon on this day 2 differences. survivors and ordinary heroes and her- years ago, there was an understanding But the gentleman from Missouri is oines who came to rescue, carry, heal, that there were some jobs that had to my friend, he is my fellow citizen of lift up, tear down, pray confidently, be done on behalf of all of us, from this greatest of democracies and na- and create anew. With determined faith those of us who had the responsibility tions. And on September 11, 2 years and heartfelt compassion, let us today to work here in the Nation’s Capitol. ago, he and I and our colleagues were be united in silent prayer. Amen. America was changed that day. on this hill, and we heard that there I am pleased that the Congress has f was a plane coming towards this city. responded in the way it has, to quickly THE JOURNAL act in the environment that the found- It was in the context of one plane hit- The SPEAKER. The Chair has exam- ers did not intend to be quick, to even ting the north tower and one plain hit- ined the Journal of the last day’s pro- on that week 2 years ago respond and ting the south tower of the World ceedings and announces to the House still today to have the ongoing con- Trade Center in New York. On that his approval thereof. cerns of establishing a new depart- day, there were no Republicans, there Pursuant to clause 1, rule I, the Jour- ment, of facing our enemies in the were no Democrats, there were no lib- nal stands approved. world, of reaching out and putting our erals, there were no conservatives. f arms around those who suffered the There were Americans. There were rep- resentatives of 280 million people elect- PLEDGE OF ALLEGIANCE tragedies of September 11. Certainly, that was a moment that ed to serve this great Nation. The SPEAKER. Will the gentleman changed America, a moment that Today, we are as one with our Presi- from Arizona (Mr. FLAKE) come for- changed this Congress, and it was a dent and with our people in remem- ward and lead the House in the Pledge moment that changed the world. That bering, remembering those whom we of Allegiance. was a moment that we recognize not lost from this Nation, and indeed from Mr. FLAKE led the Pledge of Alle- just in silence but we recognize today nations around the world. We remem- giance as follows: in our activities all over the globe, at ber the heroism of those brave citizens I pledge allegiance to the Flag of the home and abroad to ensure that the en- on that plane over , deter- United States of America, and to the Repub- emies of freedom never prevail, and mined that the information they had lic for which it stands, one nation under God, received about terrorists taking down indivisible, with liberty and justice for all. those who love freedom always know that they have strong friends in the buildings would not be allowed by them f United States of America and that we to happen as a result of the plane that ANNOUNCEMENT BY THE SPEAKER intend to be the symbol for freedom they were on being crashed into what The SPEAKER. The Chair will enter- and free people everywhere. we ultimately conclude was either this tain ten 1-minutes on each side. f building, the center of democracy, or f the , the House of the lead- REMEMBER THE TRAGEDY OF er of the free world. REMEMBERING SEPTEMBER 11, 2001 SEPTEMBER 11 And so, Mr. Speaker, as we remem- (Mr. BLUNT asked and was given (Mr. HOYER asked and was given ber, as we reflect, we renew our resolve permission to address the House for 1 permission to address the House for 1 that we will confront terrorism; that in

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

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VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.000 H11PT1 H8200 CONGRESSIONAL RECORD — HOUSE September 11, 2003 John Kennedy’s words, we will pay any on a daily basis, because they are on Unfortunately, as a member of the price, bear any burden to defend free- guard for us 365 days a year to protect Committee on Homeland Security and dom here and around the world. God our lives all over this country. a senior member of the Subcommittee blesses America, God blesses America And, finally, I join with all of you, on Aviation, I can say with confidence through the resolve and the courage of with deepest gratitude, to the leaders that we have fallen far short of that its people and its commitment to free- of this Nation for bringing us together. mark. Significant portions of the Avia- dom. And we should remember to remain tion Security Act have not been imple- f united as a Nation, because if we re- mented. Our first responders, those main united as a Nation, the forces of who responded so selflessly on that REFLECTING ON THE evil shall never prevail. tragic day, still lack basic resources ANNIVERSARY OF SEPTEMBER 11 f and help from the Federal Government, (Mr. WILSON of South Carolina even as Congress is considering the TRIBUTE TO C.E. ‘‘PEP’’ COONEY asked and was given permission to ad- President’s request for another $87 bil- OF ARIZONA dress the House for 1 minute and to re- lion for Iraq. vise and extend his remarks.) (Mr. FLAKE asked and was given On this day, Congress should resolve Mr. WILSON of South Carolina. Mr. permission to address the House for 1 to remember by redoubling its efforts, Speaker, this moment marks the sec- minute and to revise and extend his re- avoiding dangerous distractions, and ond anniversary of the surprise attacks marks.) providing all the funds necessary so we on America in New York, Washington, Mr. FLAKE. Mr. Speaker, I rise can say with confidence, never again. and Pennsylvania. As we reflect on today to honor the memory of C.E. f why America was attacked, I believe it ‘‘Pep’’ Cooney, an Arizona television is clearer than ever: It is because icon. Pep’s career in broadcasting HONORING THE FALLEN America is the symbol of liberty and spanned more than 45 years, taking (Mr. BURGESS asked and was given freedom in the world. him from advertising to president to permission to address the House for 1 Our values of freedom of religion, general manager at KPNX, where he minute and to revise and extend his re- freedom of speech, freedom of assem- led that station to its stature as the marks.) bly, and the opportunities for women number one rated television station in Mr. BURGESS. Mr. Speaker, as we to fully participate in society are cher- the State. have heard so often this morning, this ished. But these values are a challenge Pep’s nightly commentaries, or ‘‘Pep is a special day, and it is appropriate to evil people who fear our freedoms as talks,’’ made him one of Arizona’s for us to take the time to honor the undermining their enslavement of oth- most recognizable figures. Pep was also fallen and acknowledge our gratitude ers. the quintessential community leader. to our first responders and to our brave Our resolve to promote democracy is Whether he was lending his talents to men and women who are serving here unwavering, and the pledge of Presi- the Valley Big Brothers, United Way, in this country and half a world away. dent Bush has never been more correct. Boy Scouts, the Fiesta Bowl, or count- Mr. Speaker, I think it is also appro- We will not waiver, we will not tire, we less other organizations, Pep was con- priate to take a moment to honor will not falter, and we will not fail. stantly engaged in activities to benefit those who were here and served in this Peace and freedom will prevail. Today, the Valley and the State of Arizona. House 2 years ago. Mr. Speaker, as you I depart on a delegation to Baghdad to When the history of Arizona is written, have pointed out, this building, this thank our brave Armed Forces, and it Pep Cooney and the institutions he House, was, in fact, one of the pur- has never been more appropriate to de- help to build and maintain will be a ported targets of the terrorists that clare: God bless our troops and God prominent feature. morning, terror that was prevented by bless America. It is a rare individual who can be suc- the actions of passengers high above f cessful with his career, while devoting the Pennsylvania countryside. Like so much time to his community. It is millions of Americans, I began that REMEMBERING THE VICTIMS OF truly an exceptional individual who day narrowly focused on my own per- SEPTEMBER 11 can succeed in these areas while put- sonal concerns, and like millions of (Mr. McNULTY asked and was given ting his family first. Pep was admired Americans, I ended that day watching permission to address the House for 1 and respected by his colleagues and Members of this House singing God minute and to revise and extend his re- community. Most importantly, how- bless America on the Capitol steps at marks.) ever, Pep was adored by his family. As sunset. Mr. MCNULTY. Mr. Speaker, I join a neighbor and friend to some of Pep’s On that day, I did not know that my with the citizens of the United States children and grandchildren, I have had path would lead me here. But I remem- of America and the citizens of the free the good fortune to watch them to- ber the peace that was brought to me world in remembering the victims of gether. Surely the youngest of Pep’s and my family by the visible cohesive- September 11, 2001. grandchildren knew little of his career ness of this body. I also remember their families. I success or his standing in the commu- Mr. Speaker, I thank you for that think of my friends, John and Judy nity. They just knew that they were day and I thank you for this day as Reo of New York, who lost their son his priority. well. John Reo, and their son-in-law, John That, Mr. Speaker, is Pep Cooney’s f Swain, on that day. most enduring legacy. May it be ours FIGHTING TERRORISM I also remember with deepest grati- as well. tude all of the emergency personnel, f (Mr. ENGEL asked and was given the police officers, the firefighters, and permission to address the House for 1 the others who, when the masses were MAKING AMERICANS SAFE minute and to revise and extend his re- running away from the tower build- (Mr. DeFAZIO asked and was given marks.) ings, ran toward the buildings, into the permission to address the House for 1 Mr. ENGEL. Mr. Speaker, I, like buildings, up the stairs, many to their minute and to revise and extend his re- many of my colleagues here this morn- deaths. Why did they do that? Because marks.) ing, rise to talk about September 11 that is their job, and they did it very Mr. DEFAZIO. Mr. Speaker, the way and what it means to all of us as Amer- well on that day. Because the vast ma- Congress and the President could best icans, what it means to me as a New jority of the people in those tower commemorate the terrorist attack, the Yorker in particular, and the fact that buildings below the point of impact of tragedy of 9/11, and the loss of thou- these brave people that lost their lives, those planes survived, and they sur- sands of innocent lives would be to en- more than 3,000 of them, our lives will vived because of the heroic efforts of sure that we have done all in our power never again be the same. America lost those police officers, firefighters, and both here and abroad, that Americans its innocence that day, and we have the others who ran to their aid. So we are as safe as possible against another been thinking ever since about how we should remember their contributions assault. can best respond to ensure that we can

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.002 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8201 prevent these ugly acts of terrorism On this somber anniversary, we for other purposes, and ask for its im- against our country. honor the memory of the husbands and mediate consideration. Mr. Speaker, terrorism is everyone’s wives, fathers and mothers, brothers The Clerk read the title of the bill. enemy and a civilized world needs to and sisters who lost their lives in this The text of H.R. 1538 is as follows: ban together to fight terrorism. Here heinous attack, as well as the heroes H.R. 1538 in America, we have had September 11; who sacrificed everything to save Be it enacted by the Senate and House of Rep- but 6,000 miles away, the brave people them. resentatives of the United States of America in of Israel every day have to cope with As we remember the trauma and Congress assembled, ongoing acts of terror. The other day grief of September 11, 2001, may we SECTION 1. SHORT TITLE. two horrific suicide bombings killed continue to discover the seeds of hope This Act may be cited as the ‘‘True Amer- nearly 20 people, and 2 weeks ago, when and the endurance of the unconquer- ican Heroes Act of 2003’’. I was in Israel, a bus bombing killed 22 able American spirit. TITLE I—MEDALS FOR RESPONDERS AND people, including 5 Americans, 3 of my f RESISTERS constituents. SEC. 101. CONGRESSIONAL GOLD MEDALS FOR When I go back to New York every WE ARE MAKING A DIFFERENCE GOVERNMENT WORKERS WHO RE- week and look at the New York skyline (Mr. WALDEN of Oregon asked and SPONDED TO THE ATTACKS ON THE WORLD TRADE CENTER AND PER- and do not see the World Trade Center, was given permission to address the ISHED. I feel our city is not yet whole and House for 1 minute and to revise and (a) PRESENTATION AUTHORIZED.—In recogni- something is missing. It has been 2 extend his remarks.) tion of the bravery and self-sacrifice of offi- years since September 11, 2001, but I Mr. WALDEN of Oregon. Mr. Speak- cers, emergency workers, and other employ- feel like I have aged 20 years since er, it was the brother of a man from ees of State and local government agencies, then. In my office is a two-page spread The Dalles, the son of parents from including the Port Authority of New York from . It has pic- Pendleton that perished, the extent of and , and of the United States the tragedy that struck America, the Government and others, who responded to tures of the 300-plus firefighters who the attacks on the World Trade Center in died that day in New York. Most of the terrible terrorist acts of September 11 , and perished in the tragic pictures are of young men who are the spread like tentacles across the coun- events of September 11, 2001 (including those same age as my daughter. One of them try. who are missing and presumed dead), the is the picture of a friend’s son, Chris- While our innocence was shattered Speaker of the House and the President pro tian Regenhard. that day, America’s resolve and our tempore of the Senate shall make appro- When I look at the faces of these commitment and unity was invigorated priate arrangements for the presentation, on brave people, I have often thought and strengthened. We have responded behalf of the Congress, of a gold medal of ap- domestically in strengthening our se- propriate design for each such officer, emer- what can I, as a Congressman, do to en- gency worker, employee, or other individual sure this never happens again, and I curity. We have responded internation- to the next of kin or other personal rep- think we need to make sure that the ally in building coalitions to take the resentative of each such officer, emergency funding is there so our first responders battle to the terrorists. We have had worker, employee, or other individual. can respond, and we need to make sure great victories. We face great chal- (b) DESIGN AND STRIKING.—For purposes of that the brave people who protect us lenges. the presentation referred to in subsection have all the resources they need. We Together as a country, and as a Con- (a), the Secretary of the Treasury shall need to also make sure that the people gress under the leadership of our Presi- strike gold medals with suitable emblems, dent, we are making a difference for devices, and inscriptions to be determined by who lost their lives that day are never the Secretary to be emblematic of the valor forgotten. In a few minutes, the gen- our first responders at home and to se- and heroism of the men and women honored. tleman from New York (Mr. KING) and cure our borders, to make air traffic (c) DETERMINATION OF RECIPIENTS.—The I are going to talk about the True safer and air travel safer, and to root Secretary of the Treasury shall determine American Heroes Act of 2003. out the terrorists where they are, in- the number of medals to be presented under The bill posthumously awards Con- stead of waiting for them to come back this section and the appropriate recipients of gressional Gold Medals to government here. We have seized 1,400 bank ac- the medals after consulting with appropriate workers and others who responded to counts and $200 million, two-thirds of representatives of Federal, State, and local al Qaeda’s leadership were killed, and officers and agencies and the Port Authority the attacks on the World Trade Center of New York and New Jersey. 42 of 55 of Saddam Hussein’s top advi- and and who perished, (d) DUPLICATIVE GOLD MEDALS FOR DEPART- and to people aboard sors, strategists and planners of hate MENTS AND DUTY STATIONS.— Flight 93. We owe it to ourselves and are no longer a problem. We all know (1) IN GENERAL.—The Secretary of the our families and our countrymen to en- there is more work to do. As a Con- Treasury shall strike duplicates in gold of sure this never happens again. gress and as a country, we must resolve the gold medals struck pursuant to sub- section (a) for presentation to each of the f to do that work, to do it with a clear focus and a great unity which befits following, for permanent display in the re- THE UNCONQUERABLE AMERICAN this great country of ours. Together we spective offices, houses, stations, or places of SPIRIT employment: are Americans, and may we ask for (A) The Governor of the State of New (Ms. HARRIS asked and was given God’s blessing for our leadership and York. permission to address the House for 1 our future. (B) The Mayor of the City of New York. minute and to revise and extend her re- f (C) The Commissioner of the New York Po- marks.) lice Department, the Commissioner of the Ms. HARRIS. Mr. Speaker, the world TRUE AMERICAN HEROES ACT OF New York Fire Department, the head of reflects this morning upon an act of 2003 emergency medical services for the City of barbarism that remains too horrific for Mr. KING of New York. Mr. Speaker, New York, and the Chairman of the Board of words. Two years ago, a gang of mur- pursuant to the order of the House of Directors of the Port Authority of New York September 10, 2003, I call up the bill and New Jersey. derers shattered our complacency re- (D) Each precinct house, fire house, emer- garding the reach and resolve of the (H.R. 1538) to posthumously award Con- gency response station, or other duty station international merchants of hate. gressional Gold Medals to government or place of employment to which each person Nevertheless, we also learned about workers and others who responded to referred to in subsection (a) was assigned on the resiliency of our Nation on that the attacks on the World Trade Center September 11, 2001, for display in each such awful day. When terrorists attacked and the Pentagon and perished and to place in a manner befitting the memory of the heart of America’s financial and the people aboard United Airlines such persons. military centers, they forgot about the Flight 93 who helped resist the hijack- (e) DUPLICATE BRONZE MEDALS.—Under heart of the American people. Our ers and caused the plane to crash, to such regulations as the Secretary may pre- scribe, the Secretary may strike and sell du- country’s strength lies not in its insti- require the Secretary of the Treasury plicates in bronze of the gold medal struck tutions, but in the courage, character to mint coins in commemoration of the under subsection (a) at a price sufficient to and the determination of the people Spirit of America, recognizing the cover the costs of the bronze medals (includ- who built them. tragic events of September 11, 2001, and ing labor, materials, dies, use of machinery,

VerDate jul 14 2003 01:24 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.006 H11PT1 H8202 CONGRESSIONAL RECORD — HOUSE September 11, 2003 and overhead expenses) and the cost of the or other personal representative of each such equal the sum of 25,000 and the number de- gold medal. officer, emergency worker, or employee. termined under paragraph (2). (f) USE OF THE UNITED STATES MINT AT (b) DESIGN AND STRIKING.—For the purpose (2) DETERMINATION OF NUMBER.—The Sec- WEST POINT, NEW YORK.—It is the sense of of the presentation referred to in subsection retary, in consultation with the Attorney the Congress that the medals authorized (a), the Secretary of the Treasury shall General of the United States and the Gov- under this section should be struck at the strike gold medals of a single design with ernors of New York, Pennsylvania, and Vir- United States Mint at West Point, New suitable emblems, devices, and inscriptions, ginia shall determine the number of innocent York, to the greatest extent possible. to be determined by the Secretary. individuals confirmed or presumed to have SEC. 102. CONGRESSIONAL GOLD MEDALS FOR (c) DETERMINATION OF RECIPIENTS.—The been killed as a result of the terrorist at- PEOPLE ABOARD UNITED AIRLINES Secretary of the Treasury shall determine tacks against the United States that oc- FLIGHT 93 WHO HELPED RESIST THE the number of medals to be presented under curred on September 11, 2001, and shall iden- HIJACKERS AND CAUSED THE this section and the appropriate recipients of tify such individuals. The Secretary, under PLANE TO CRASH. the medals after consulting with the Sec- subsection (a)(1), shall mint and issue a num- (a) CONGRESSIONAL FINDINGS.—The Con- retary of Defense and any other appropriate ber of 50 dollar coins equal to the number of gress finds as follows: representative of Federal, State, and local such individuals. (1) On September 11, 2001, United Airlines officers and agencies. (c) LEGAL TENDER.—The coins minted Flight 93, piloted by Captain James Dahl, de- SEC. 104. NATIONAL MEDALS. under this title shall be legal tender, as pro- parted from Newark International Airport at The medals struck under this title are na- vided in section 5103 of title 31, United States 8:01 a.m. on its scheduled route to San Fran- tional medals for purposes of chapter 51 of Code. cisco, California, with 7 crew members and 38 title 31, United States Code. (d) NUMISMATIC ITEMS.—For purposes of passengers on board. TITLE II—SPIRIT OF AMERICA section 5136 of title 31, United States Code, (2) Shortly after departure, United Airlines COMMEMORATIVE COINS all coins minted under this title shall be con- Flight 93 was hijacked by terrorists. sidered to be numismatic items. (3) At 10:37 a.m. United Airlines Flight 93 SEC. 201. FINDINGS. (e) SOURCES OF BULLION.—For the purpose crashed near Shanksville, Pennsylvania. The Congress finds as follows: of minting coins under this title, the Sec- (4) Evidence indicates that people aboard (1) On September 11, 2001, the United retary may only use metals that are from United Airlines Flight 93 learned that other States suffered the worst act of terrorism in natural deposits in the United States or any hijacked planes had been used to attack the its history. territory or possession of the United States. World Trade Center in New York City and re- (2) The more than 6,000 people who lost (f) SPECIAL TREATMENT UNDER EXIGENT sisted the actions of the hijackers on board. their lives as a result of the terrorist attacks CIRCUMSTANCES.— (5) The effort to resist the hijackers aboard that occurred in New York City, at the Pen- (1) FINDINGS.—The Congress finds as fol- United Airlines Flight 93 appears to have tagon, and in Pennsylvania on September 11, lows: caused the plane to crash prematurely, po- 2001, will not be forgotten. (A) The limitations contained in para- tentially saving hundreds or thousands of (3) Hundreds of emergency personnel re- graphs (1) and (2)(A) of section 5112(m) of lives and preventing the destruction of the sponded heroically to the crisis and lost title 31, United States Code, and section White House, the Capitol, or another impor- their lives as a result. 5134(f)(1)(B) of such title have well served, tant symbol of freedom and democracy. (4) People from everywhere in the United and continue to serve, their purpose of bring- (6) The leaders of the resistance aboard States responded to the crisis with an out- ing greater stability to the markets for com- United Airlines Flight 93 demonstrated ex- pouring of support for the victims of the ter- memorative coins, maximizing demand and ceptional bravery, valor, and patriotism, and rorist attacks and their families. participation in such programs, and ensuring are worthy of the appreciation of the people (5) The civilized world stands with strength that such programs have a broad base of pri- of the United States. and fortitude in opposition to the cowardly vate support and are not used as the primary (b) PRESENTATION OF CONGRESSIONAL GOLD terrorist attacks against the United States means of fundraising by organizations that MEDALS AUTHORIZED.—In recognition of he- that occurred on September 11, 2001. are the recipients of surcharges. roic service to the Nation, the Speaker of the (6) It is essential to remember not only the (B) The shocking circumstances of Sep- House and the President pro tempore of the tragedy of the attacks, but also the strength tember 11, 2001, the broad base of public in- Senate shall make appropriate arrangements and resolve demonstrated by the people of terest in showing the Spirit of America and for the presentation, on behalf of the Con- the United States in the aftermath of the at- participating in the raising of funds for the gress, of a gold medal of appropriate design tacks. victims of the crimes committed on that for each passenger or crew member on board (7) The minting of coins in commemora- date, and the importance of implementing United Airlines Flight 93 who is identified by tion of the Spirit of America will pay tribute this coin program as quickly as possible, the Attorney General as having aided in the to the countless heroes who risked their notwithstanding the limitations contained effort to resist the hijackers on board the lives during the terrorist attacks and in in such paragraphs, justify exempting the plane to the next of kin or other personal their aftermath so that others may live and coins produced under this title from such representative of each such individual. to a united people whose belief in freedom, limitations. (c) DESIGN AND STRIKING.—For the purpose justice, and democracy has never swayed. (2) EXEMPTION.—Paragraphs (1) and (2) of of the presentation referred to in subsection SEC. 202. COIN SPECIFICATIONS. section 5112(m) of title 31, United States (b), the Secretary of the Treasury shall (a) DENOMINATIONS.—In commemoration of Code, and section 5134(f)(1)(B) of such title strike gold medals of a single design with the Spirit of America, the Secretary of the shall not apply to coins authorized under suitable emblems, devices, and inscriptions, Treasury (hereafter in this title referred to this title. to be determined by the Secretary. as the ‘‘Secretary’’) shall mint and issue the SEC. 203. DESIGN OF COINS. (d) DUPLICATE MEDALS.—Under such regu- following coins: (a) IN GENERAL.—The design of the coins lations as the Secretary of the Treasury may (1) $50 GOLD COINS.—Such number of 50 dol- minted under this title shall be emblematic prescribe, the Secretary may strike and sell lar coins as the Secretary determines under of the tragic events that occurred at the duplicates in bronze of the gold medals subsection (b), which shall— Pentagon, in New York City, and in Pennsyl- struck under subsection (b) at a price suffi- (A) weigh 1 ounce; vania, on September 11, 2001. cient to cover the cost of the bronze medals (B) have a diameter of 1.287 inches; and (b) DESIGNATION AND INSCRIPTIONS.—On (including labor, materials, dies, use of ma- (C) contain 91.67 percent gold and 8.33 per- each coin minted under this title there shall chinery, and overhead expenses) and the cost cent alloy. be— of the gold medals. (2) $1 SILVER COINS.—Such number of 1 dol- (1) a designation of the value of the coin; SEC. 103. CONGRESSIONAL GOLD MEDALS FOR lar coins as the Secretary determines appro- (2) an inscription of the date ‘‘September GOVERNMENT WORKERS WHO RE- priate to meet demand, which shall— 11, 2001’’ (and such coin shall bear no other SPONDED TO THE ATTACKS ON THE (A) weigh 26.73 grams; date); and PENTAGON AND PERISHED. (B) have a diameter of 1.500 inches; and (3) inscriptions of the words ‘‘Liberty’’, ‘‘In (a) PRESENTATION AUTHORIZED.—In recogni- (C) contain 90 percent silver and 10 percent God We Trust’’, ‘‘United States of America’’, tion of the bravery and self-sacrifice of offi- copper. and ‘‘E Pluribus Unum’’. cers, emergency workers, and other employ- (3) HALF DOLLAR CLAD COINS.—Such number (c) SELECTION.—The design for the coins ees of the United States Government, who of half dollar coins as the Secretary deter- minted under this title shall be selected— responded to the attacks on the Pentagon mines appropriate to meet demand, which (1) by the Secretary after consultation Washington, D.C. and perished in the tragic shall— with the Commission of Fine Arts; and events of September 11, 2001 (including those (A) weigh 11.34 grams; (2) reviewed by the citizens advisory com- who are missing and presumed dead) the (B) have a diameter of 1.205 inches; and mittee established under section 5135 of title Speaker of the House and the President pro (C) be minted to the specifications for half 31, United States Code. tempore of the Senate shall make appro- dollar coins contained in section 5112(b) of SEC. 204. STRIKING AND ISSUANCE OF COINS. priate arrangements for the presentation, on title 31, United States Code. (a) QUALITY OF COINS.— behalf of the Congress, of a gold medal of ap- (b) NUMBER OF GOLD COINS.— (1) IN GENERAL.—Except as provided under propriate design for each such officer, emer- (1) IN GENERAL.—The number of gold coins paragraph (2), coins minted under this title gency worker, or employee to the next of kin minted and issued under this title shall shall be issued in uncirculated quality.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.001 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8203 (2) GOLD COINS.—50 dollar coins minted House of Wednesday, September 10, ment and those from the Port Author- under section 202(a)(1) shall be issued only in 2003, the gentleman from New York ity of New York and New Jersey, the proof quality. (Mr. KING) and the gentlewoman from police officers who demonstrated their (b) MINT FACILITY.— New York (Mrs. MALONEY) each will courage. (1) IN GENERAL.—Except as provided under paragraph (2), only 1 facility of the United control 30 minutes. In addition, there were the EMS States Mint may be used to strike any par- The Chair recognizes the gentleman workers and the construction workers ticular quality of the coins minted under from New York (Mr. KING). who went into the Twin Towers to this title. GENERAL LEAVE bring people out; that set the tone for (2) CLAD COINS.—Any number of facilities Mr. KING of New York. Mr. Speaker, our country. That brought us together of the United States Mint may be used to I ask unanimous consent that all Mem- when the eyes of the world were watch- strike the half dollar coins minted under sec- bers may have 5 legislative days within ing. Just suppose if they had been tion 202(a)(3). which to revise and extend their re- watching and instead of seeing fire- (c) PERIOD FOR ISSUANCE.—The Secretary— fighters rush into the building, they (1) shall commence issuing coins minted marks on this legislation, and to insert under this title as soon as possible after the extraneous material thereon. saw them dispersing. Suppose they had date of the enactment of this Act; and The SPEAKER pro tempore. Is there seen a state of panic or people being (2) shall not issue any coins after the end objection to the request of the gen- left in those buildings to burn while of the 1-year period beginning on the date tleman from New York? firefighters and police officers stayed such coins are first issued. There was no objection. below, but they did not. SEC. 205. SALE OF COINS. Mr. KING of New York. Mr. Speaker, All of us in New York have suffered (a) SALE PRICE.—The coins issued under I yield myself such time as I may con- the loss of constituents, of friends, rel- section 202(a) (other than the 50 dollar gold sume. atives, neighbors, and in many ways coins referred to in subsection (d)) shall be Mr. Speaker, at the outset let me the list is too long to begin to enu- sold by the Secretary at a price equal to the merate. Certainly in my own commu- sum of— thank the gentlewoman from New (1) the face value of the coins; York (Mrs. MALONEY) and the gen- nity, the Haskell brothers, Tom and (2) the surcharges required by section tleman from New York (Mr. ENGEL) for Tim, were killed. There was Lieutenant 206(a) with respect to such coins; and the assistance they have given in for- John Perry who was killed. From the (3) the cost of designing and issuing the mulating this legislation and for the adjoining community of Farmingdale, coins (including labor, materials, dies, use of efforts they have made in helping to re- Pete Ganci was the chief of the depart- machinery, overhead expenses, marketing, build New York and in all they have ment, and he was killed. Father Mi- and shipping). done since September 11 working to- chael Judge, the chaplain of the de- (b) BULK SALES.—The Secretary shall partment was killed. Michael Boyle make bulk sales of the coins issued under gether as a united force to bring people section 202(a) at a reasonable discount. together and to focus attention on the was killed, as was David Arce. I can go (c) PREPAID ORDERS.—The Secretary shall tremendous heroism that was dem- down the whole list of names of people accept prepaid orders received before the onstrated on that day in New York, at that we knew, people that were friends issuance of the coins minted under section the Pentagon, and, of course, on Flight and neighbors, people who dedicated 202(a). The sale prices with respect to such 93. their lives to the police department, to prepaid orders shall be at a reasonable dis- Mr. Speaker, the purpose of this leg- the fire department. count. There was a police captain from the (d) GOLD COINS.—Notwithstanding section islation is to commend those who died in the line of duty on September 11, Port Authority, Cathy Mazur, who is 204(c)(2), the Secretary shall issue a 50 dollar responsible for saving untold numbers coin minted under section 202(a)(1) for pres- 2001. It is almost axiomatic today to entation free of charge to the next of kin or say that our lives will never be the of lives. She was on the main floor of personal representative of each individual same since September 11, and they the World Trade Center, and when peo- identified under section 202(b). The Speaker have not. But in many ways from the ple could not get out, she took out her of the House of Representatives and the terrible ashes of death and destruction revolver and blew out the windows, and President Pro Tempore of the Senate shall that occurred on September 11, our that alone enabled hundreds of people make appropriate arrangements for the pres- to escape. She was later killed. entation, on behalf of the Congress, of such country today is stronger than it ever gold coins. was before. It is stronger morally, it is b 1030 SEC. 206. SURCHARGES ON SALE OF COINS. stronger spiritually, it has a great But that is typical of the type of (a) ASSESSMENT.—Any sale by the Sec- sense of moral clarity and resolve. courage that was shown that day, the retary of a coin minted under this title shall One of the reasons for that is at the type of determination that was shown include a surcharge of an amount determined time of the attack when America could that day. There were similar acts of by the Secretary to be sufficient to cover the have fallen back, when America could courage at the Pentagon. God knows cost of the gold coins minted under section have retreated and gone into a state of there were tremendous acts of courage 202(a)(1) (including labor, materials, dies, use bewilderment, it united immediately of machinery, overhead expenses, and ship- on Flight 93 which, as so many have ping) for presentment in accordance with and fought back. One of the reasons it said, probably saved our lives, saved section 205(d), which charge may not be less did that was because the eyes of the the lives of those in the White House than— country and the eyes of the world were that day by bringing that plane down. (1) $100 per coin for the 50 dollar gold coins; on the Twin Towers of New York, they So I believe that it is important that, (2) $10 per coin for the 1 dollar coin; and were on the Pentagon, and they saw as a body, Congress speak on behalf of (3) $5 per coin for the half dollar coin. what happened in the fields of Pennsyl- the American people to really try to (b) DISTRIBUTION OF EXCESS PROCEEDS.— vania on Flight 93, and they saw those begin a down payment on the debt that Any proceeds from the surcharges received in the eye of the storm fought back. by the Secretary from the sale of coins we owe to all those who gave their issued under this title in excess of the cost of In New York, we saw the police offi- lives on September 11. In saying that, producing all coins issued under this title cers and the firefighters rushing into in no way should we be diminishing (including coins issued for individuals identi- the Twin Towers. Over 343 firefighters those who were not part of the uni- fied pursuant to section 202(b)(2)) shall be— were killed, and many police officers formed services who were killed that (1) used to cover the costs incurred in the from the Port Authority were killed. I day, men and women who went to production of gold medals under title I that believe it was 37. There were 23 police work, who were doing their job, people have not been recovered from the sale of du- officers from the New York City police at Cantor Fitzgerald, all those firms, plicate bronze medals under such title; and department, all of whom were killed, they were almost wiped out on Sep- (2) with respect to any amount remaining after the costs described in paragraph (1) are all of whom, without any hesitation, tember 11, also performed acts of her- covered, transferred to any fund for victims went into the burning towers to effec- oism, most of which will never be of the tragedies of September 11, 2001, that tuate the largest evacuation in history. known because it was not recorded, but the Secretary of the Treasury and the Attor- More than 25,000 people were evacuated we know when the World Trade Center ney General jointly determine to be appro- that day, and it was done because of was attacked back in 1993 how heroic priate. the incredible heroism of those who an- those people had been. The SPEAKER pro tempore (Mr. swered the call, those in the fire de- There is no doubt that it was done PETRI). Pursuant to the order of the partment, those in the police depart- again in 2001. We are singling out and

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.001 H11PT1 H8204 CONGRESSIONAL RECORD — HOUSE September 11, 2003 specifying the uniformed services and New York. While we resiliently cleaned thing horrible had happened. They the rescue workers for what they did; up the site ahead of schedule, no New turned on the television like the rest of but at the same time we are acknowl- Yorker can walk past a firehouse or po- us. They watched in horror as the tow- edging the tremendous sacrifice of lice precinct without an empty feeling ers burned, the people jumped and the those who were killed just doing their in the pit of their stomach over the 343 buildings collapsed. Then they waited jobs that day and who were targeted. firefighters, 37 Port Authority police and wondered and prayed and wept. As They were targeted by Osama bin officers, and 23 New York City police the day turned to night and night to Laden because they symbolized the officers who gave their lives to save morning, they waited for a reassuring United States. The people in the World others that day. In my own district, 25 call from a familiar voice that never Trade Center symbolized the American different fire stations lost people in the came. When the realization finally economy. The people in the Pentagon terror attacks. One of these firehouses, sank in, they were confronted with the symbolized the American military. the Roosevelt Island-based special op- articles of continuity that had become They were targeted. These were not ac- erations unit, lost 10 men because a in an instant artifacts of a life ended in cidents that they were killed that day. shift change was in progress when the midstream by an act of sheer insanity: They were killed for a reason. That is attacks occurred. Off-duty firefighters an empty pair of shoes, a chair at the why the addition of the gentleman grabbed their gear and headed to the dinner table, a side of the bed. To grasp from New York (Mr. ENGEL) to this scene. Only God knows how many peo- what that must have felt like even for bill, which provides the commemora- ple owe them their lives. Off-duty per- a moment is to get a glimpse of grief in tive coin to everyone who was killed sonnel dying on the job is the ultimate its purest form. We need to give these that day, to me really brings this to- paradox. But such was the valor of Sep- family members, their loved ones and gether in the unity that our country tember 11. colleagues another artifact of that day, needs, the rescue workers and those When I was at Ground Zero on Sep- one worthy of the rescue workers’ who were killed because they were tember 12, I heard estimates from courage, sacrifice and love, something working that day; the country working State officials that as many as 20,000 affirming, something tangible, some- together, Democrats and Republicans, people had been killed in the World thing precious, something gold, the the House and hopefully the Senate Trade Center. We now know that, most distinguished honor that can be standing together to acknowledge thanks to the heroics of the rescue bestowed by this Congress. The U.S. those who paid the ultimate sacrifice workers, the death toll was well below Mint will make bronze reproductions of on September 11, 2001, and whose mem- 3,000. From the moment the planes the medals available to all Americans ory will always be with us. struck the towers, from all over the who wish to honor the rescue workers. Mr. Speaker, I reserve the balance of city and surrounding areas, rescuers Finally, the bill is much improved, my time. poured out of firehouses and precinct with language provided by the gen- Mrs. MALONEY. Mr. Speaker, I yield houses to put the lives of strangers tleman from New York (Mr. ENGEL). myself such time as I may consume. ahead of their own. They were cops, This Spirit of America coin is a highly Mr. Speaker, as coauthor of this leg- firemen, EMTs, and other public serv- appropriate commemorative for this islation, I am pleased to join the gen- ants. This legislation lets us honor solemn occasion. I thank the gen- tleman from New York (Mr. KING) and these men and women who died so oth- tleman from New York (Mr. ENGEL) for the gentleman from New York (Mr. ers could live. his contribution to the legislation as ENGEL) in support of H.R. 1538, the It is true that thousands of families well as the gentleman from New York True American Heroes Act of 2003. The are missing family members 2 years (Mr. KING), my counterpart on the Sub- brave men and women who came to our later, but perhaps the best reason to committee on Domestic and Inter- defense on 9/11 may not have been sol- pass this bill is that tens of thousands national Monetary Policy, Trade, and diers, but they certainly were heroes. of families are not. In the past, the Technology. And we thank the gen- Thousands of New York City’s fire, po- Congressional Gold Medal has been tleman from (Mr. OXLEY) for his lice and EMT workers came racing awarded to honor contributions to strong support of this legislation and down to the World Trade Center to give America by outstanding individuals ranking member, the gentleman from their all, to rescue the victims of the and groups. Not since Pearl Harbor had Massachusetts (Mr. FRANK). New York City is thankful to all most terrible terrorist attack on Amer- America suffered a large-scale act of Members of this House. We thank you ica in history. The passengers of Flight war on its own soil. I consider those for responding to the City of New York 93 crashed their plane rather than who battled the flames to save lives to be the first soldiers killed in the war in its time of greatest need. allow it to slam into another building, Mr. Speaker, I reserve the balance of on terrorism. I doubt that many in the perhaps the Capitol itself. Rescue my time. workers at the Pentagon labored to military would disagree, and I think Mr. KING of New York. Mr. Speaker, free their colleagues. These people are this body needs to honor them appro- I was going to yield time to the gen- priately. The True American Heroes true American heroes and heroines. tleman from New Jersey (Mr. FRELING- Act will award Congressional Gold They deserve full honors. HUYSEN), but he has agreed to defer to This bill consolidates three proposals Medals to the brave rescuers who per- the gentleman from New York (Mr. for recognizing our heroes, a bill au- ished in the attacks, to the individual ENGEL), so I will reserve the balance of thored by myself and the gentleman precinct houses, firehouses and emer- my time. from New York (Mr. KING) to present gency response stations that suffered Mrs. MALONEY. Mr. Speaker, I yield gold medals to emergency rescuers who losses, to the offices of the mayor and 5 minutes to the gentleman from the perished in the World Trade Center Governor of New York, and the head of great State of New York (Mr. ENGEL). which first passed the House last De- the Port Authority which ran the Mr. ENGEL. Mr. Speaker, I thank my cember and actually in December 2001. World Trade Center for its 28-year life friend for yielding time to me, and I This will be the third time this bill has span. For the Port Authority, this is an thank the gentleman from New Jersey. passed this House; legislation proposed especially fitting honor. My friend Neil I rise to offer my strong support for by the gentleman from New York (Mr. Levin was head of the Port Authority. H.R. 1538, the True American Heroes ENGEL) to create a Spirit of America On September 11, Neil was among those Act of 2003. I also rise to thank the gen- coin; and suggestions that we honor lost in the attack trying to save oth- tleman from New York (Mr. KING) and rescuers at the Pentagon and the brave ers. the gentlewoman from New York (Mrs. people who wrestled Flight 93 to the New York City is thankful to all MALONEY) for their leadership on this ground in Pennsylvania. They saved an Members of this House for this honor bill and also my colleague and friend untold number of lives and quite pos- and for helping the City of New York from the Committee on Energy and sibly the very building in which we are recover since the attack. Why are these Commerce, the gentleman from Florida standing. medals important? Let us put ourselves (Mr. STEARNS), who has been a stalwart More than 2 years after September in the place of the men, women, and ally in this effort. Finally, I want to 11, the shock, pain and trauma of that children who lost family members on thank the House majority and minor- day lingers with my constituents in September 11. They learned that some- ity leadership for agreeing to bringing

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.009 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8205 this bill up under unanimous consent to work to earn a living to support Monogram on a torn shirt, and today on September 11. It is very their families, they go to work and I see you spelled out on storefront windows fitting that we do this on September they are killed by lunatics. And on bright unfurled awnings of this city. 11. We have some questions to be asked, I say the syllables as I turn a corner— Today is the second anniversary of Kelly and Lee, Mr. Speaker. We have to ask why our Medina, Nardella, and O’Connor. the greatest attack on America since intelligence failed us, why our security When I peer into the woods, our Republic was founded. Since that failed us. Congress has to get to the I see a thick tangle where letters are hidden day, Americans have stood together, bottom of this and ask these questions. In a puzzle concocted for children. united as we never have before. Thus, Congress will find out. Parker and Quigley in the twigs of an ash, it is fitting and appropriate that the Let me say to the terrorists and Rizzo, Schubert, Torres, and Upton, House takes up this legislation. It pro- those people in the streets that we saw, Secrets in boughs of an ancient maple. vides the heroes of that day with a the Palestinians and others who were Names written in the pale sky. Names rising in the updraft amid buildings. Congressional Gold Medal. It awards dancing in the streets with glee, let me these medals to government workers Names silent in stone say to them and and Or cried out behind a door. and others who responded to the at- the Taliban and all the people that sup- Names blown over the earth and out to sea. tacks on the World Trade Center and port terrorism, you have awakened a In the evening—weakening light, the last the Pentagon and perished and to the sleeping giant. The United States will swallows. people aboard United Airlines Flight 93 not rest until we root out every one of A boy on a lake lifts his oars. who helped resist the hijackers and you, until we root out the terror and A woman by a window puts a match to a can- caused the plane to crash. This bill is the terrorist cells. We are going to dle, combined with a bill that I had that we And the names are outlined on the rose rally around our President, as we al- clouds— had a majority of Members of this ways have, with bipartisanship. We are House cosponsoring which requires the Vanacore and Wallace, all one America. God bless this wonder- (Let X stand, if it can, for the ones unfound) Secretary of the Treasury to mint ful Nation. God bless America.’’ Then Young and Ziminsky, the final jolt of coins in commemoration of the spirit Mr. Speaker, I hope that the vote on Z. of America, recognizing the tragic this bill today will be unanimous, be- Names etched on the head of a pin. events of September 11, 2001. I am de- cause 2 years later, we in this Congress One name spanning a bridge, another under- lighted that we have combined these are just as resolute as we were 2 years going a tunnel. two bills into one really very special A blue name needled into the skin. ago to destroy the scourge of terrorism Names of citizens, workers, mothers and fa- bill. and to honor the brave men, women Mr. Speaker, on September 12, 2001, thers, and children who lost their lives and to after coming down to Washington from The bright-eyed daughter, the quick son. the people who responded who gave Alphabet of names in a green field. New York, I was in New York City on their lives so that others may live. Names in the small tracks of birds. September 11, I spoke on the House Mr. KING of New York. Mr. Speaker, Names lifted from a hat floor. I would like very much to read I yield such time as he may consume to Or balanced on the tip of the tongue. what I said that day, September 12, one the gentleman from New Jersey (Mr. Names wheeled into the dim warehouse of day after the terrible attacks in 2001, memory. because it is the way I feel now, and I FRELINGHUYSEN). So many names, there is barely room on the think it is the way so many of us feel. Mr. FRELINGHUYSEN. Mr. Speaker, walls of the heart.’’ ‘‘Mr. Speaker, I am going to speak I thank the gentleman for yielding me time, and I congratulate the gentleman Mr. Speaker, I thank the gentleman from the heart. I have had a very tough for yielding me time. couple of days. I think America lost from New York (Mr. KING) and his col- Mrs. MALONEY. Mr. Speaker, I yield our innocence yesterday, and I just leagues, the gentlewoman from New 5 minutes to the gentlewoman from kept thinking that perhaps this was a York (Mrs. MALONEY) and the gen- California (Ms. WATSON). bad dream and we would somehow tleman from New York (Mr. ENGEL), for wake up and it would not be true, but their proposal, and I strongly support Ms. WATSON. Mr. Speaker, I thank we all know it is. it. the gentlewoman for yielding me time. ‘‘Mr. Speaker, I am a New Yorker, Mr. Speaker, no words nor any pre- Mr. Speaker, two years ago to the born and bred. I love our city. I was in cious medal can capture the grief and day after the tragic terrorist attacks New York when this tragedy occurred. heartache of September 11 better than on the World Trade Center and the I often say to my children when we the words of the poem ‘‘The Names’’ by Pentagon on September 11, this date come back to New York, look at the Billy Collins, the Poet Laureate of the will always be etched in the minds of skyline, look at the World Trade Cen- United States, who gave us this won- every American as a new day of in- ter. It is so invigorating. It makes me derful piece of poetry so eloquently as famy, when over 3,000 innocent people feel so wonderful just to be in this city, we met in a special session of Congress lost their lives. My most heartfelt the city I love, the city in which I was in New York last year at this very prayers go out to the victims, sur- born. time. vivors, families, friends and the rep- ‘‘Mr. Speaker, we New Yorkers are a ‘‘Yesterday, I lay awake in the palm of the resentatives who suffered losses on this tough breed; but I have to tell my col- night. tragic day. A soft rain stole in, unhelped by any breeze, leagues, Mr. Speaker, this morning at 7 The debris has been cleared and a.m. when I went over the George And when I saw the silver glaze on the win- dows, buildings repaired, but none of us will Washington Bridge to come back down ever forget the massive loss of lives here to Washington and I took a look I started with A, with Ackerman, as it hap- pened, and the real fear that confronted each at the New York skyline and saw the Then Baxter and Calabro, of us on that fatal day. In particular, Twin Towers were not there and in its Davis and Eberling, names falling into place my thoughts and prayers go out to place I saw the smoke and the fire, I As droplets fell through the dark. thousands of our Nation’s first re- really lost it. I really lost it. Names printed on the ceiling of the night. sponders, our firemen and women, Names slipping around a watery bend. ‘‘Mr. Speaker, as much as I have lost emergency medical personnel, our po- it because I do not see the towers Twenty-six willows on the banks of a stream. In the morning, I walked out barefoot lice officers, who selflessly put them- there, it pales by comparison when I selves in harm’s way, and in numerous think of the victims, the men, women Among thousands of flowers Heavy with dew like the eyes of tears, instances paid the ultimate sacrifice and children who lost their lives; the And each had a name— with their own lives. firemen, the policemen who came there Fiori inscribed on a yellow petal to save people’s lives and lost their Despite these terrible events, we as a Then Gonzalez and Han, Ishikawa and Jen- Nation must remain strong, and we lives. kins. have; we must persevere, and we have; b 1045 Names written in the air And stitched into the cloth of the day. and we must remain resolute in our ‘‘People who go to work, like mil- A name under a photograph taped to a mail- thoughts and actions, that never again lions of people in this great country, go box. will this happen on America’s soil.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.011 H11PT1 H8206 CONGRESSIONAL RECORD — HOUSE September 11, 2003 The anniversary of September 11 also of how I have referred to them, because been cooperative throughout. I want to provides a time for an honest assess- I have referred to them in language thank the majority leader, the gen- ment of where we stand on our own that perhaps would not be acceptable tleman from Texas (Mr. DELAY) and Homeland Security. Providing for the to you, Mr. Speaker, or to the House, the minority leader, the gentlewoman security of our homeland must be the but, for want of a better word, they are from California (Ms. PELOSI), for agree- number one priority of government cowardly criminals, murderers, who ing to bring this legislation forward on today. Despite the steps that have been came calling that day. But they have September 11. To me it is the most fit- taken to improve homeland security, I not won. We are of strong resolve, and ting day of all it could be brought on. I am confident we will prevail. believe we must do more. In memory of b 1100 the thousands who perished innocently Mrs. MALONEY. Mr. Speaker, I yield when they got up that morning, not myself such time as I may consume. Also, I would say that as we remem- knowing what fate had in store for Mr. Speaker, I thank the gentleman ber those who died, as we honor those them, we must concentrate on how we from the great State of North Carolina who died in the line of duty that day, protect our borders. for his very moving comments. that we realize that their families are We currently have 600,000 containers Mr. Speaker, I want to say that the still going forward. So as we honor coming into our ports each day, but authors of this legislation have worked those who died, let us not forget those less than 3 percent of the cargo con- on it for 2 years to create a fitting who survived them who still, every tainers entering America’s ports are honor for the heroes of 9/11. This is ac- day, must confront the dilemma of ever checked to determine their con- tually the third time this legislation going forward, the emptiness, the sor- tents. And, tragically, our Nation’s has come to the floor. We have passed row, the tragedy that occurred to them first responders still do not have the it twice out of the House, and this is on September 11 and will be with them equipment and training they need to the first time this extremely worthy throughout the remainder of their respond to another terrorist attack. issue has been raised. lives. We should just try to put our- In response to the request from Mem- Mr. Speaker, I ask that as we memo- selves in their position, to understand bers in the Senate, we have tried to be rialize all of these innocent Americans, some of the terrible trauma that was all-inclusive and have broadened the that we pay attention to what their inflicted on them. In doing that, that categories of medal recipients to in- sacrifices mean and interpret it as should give us more momentum to clude all the police, fire and rescue meaning we must concentrate and make sure this bill not just passes workers who responded to the attacks. move ahead. today, but also to work with the Sen- Mr. Speaker, I feel it is very impor- ate to find a way to get it through. Finally, to better protect our people, tant that we pass this very important we must learn everything we can about Mr. Speaker, this is not just passing legislation today on 9/11, on the anni- a bill for the sake of passing a bill. I this fatal date of 9/11. So I am looking versary, and move forward. forward to seeing the report that came think it is a real duty and obligation Mr. Speaker, again, I thank the gen- on the Congress of the United States in on lessons learned. tleman for his leadership and consist- that we record and let it be known the We must honor the people who were ency. The gentleman has stayed on this way we feel and the respect and the sacrificed, and we must see and put in like a pit bull to get it to the floor for honor that we have for those who died place those necessary programs and the third time. I thank also the chair- in the line of duty on September 11. projects, and we must have a philos- man of our committee, the gentleman And by awarding a Congressional Gold ophy that we start here today in mem- from Ohio (Mr. OXLEY) and the ranking Medal, that is the way that we can pay ory of our dead to protect our own, as member, the gentleman from Massa- that tribute, not just to them, but to we protect others around the globe. chusetts (Mr. FRANK). I hope we will be history, so that history will record ex- May God bless their souls. May they able to pass it for the third time today actly what they did and the extent to all rest in peace. with his leadership. Mr. KING of New York. Mr. Speaker, Mr. Speaker, I yield back the balance which we thought about it. And, in I am pleased to yield such time as he of my time. doing that, out of that twisted steel may consume to the gentleman from Mr. KING of New York. Mr. Speaker, and burning rubble of the World Trade North Carolina (Mr. COBLE). I yield myself such time as I may con- Center, out of the terrible destruction Mr. COBLE. Mr. Speaker, I thank my sume. at the Pentagon, and out of the plane friend from New York for yielding me Mr. Speaker, let me, in conclusion, that was literally obliterated in the time. once again thank the gentlewoman fields of Pennsylvania, from those hor- Mr. Speaker, today, of course, we from New York (Mrs. MALONEY) for the rible moments will come a greater commemorate what occurred 2 years tremendous effort she has made over America and a lesson for future genera- ago, an event that changed the face of the past 2 years in doing all she can tions to realize what people should do America forever. We are not the same and working with me in a bipartisan when confronted by crisis. Because all country we were then. way to move this legislation forward. of us in this House, we can all talk a Our country was once referred to as a Let me thank the gentleman from good game, but the reality is, no one giant hotel lobby, where you come and New York (Mr. ENGEL), who is one of ever knows what they will do when go at will. Well, giant hotel lobbies the first who authored a bill after Sep- they are really put to the test. On Sep- that are open, notoriously are easy tember 11 commemorating those who tember 11 we had so many hundreds of pickings for terrorists, and they were died on that tragic day, and also has people, if not thousands of people, who easy pickings that day. worked so closely with us, all of us try- were put to the test, and they all My friends from New York lost many ing to put egos aside, and we did defi- passed the test. So by them passing constituents that day, Mr. Speaker. I nitely put partisan interests aside to that test that day, by them showing lost, as far as I know, only one. Sandy move this forward. I think that really the courage and determination that Bradshaw was a flight attendant on the in many ways symbolizes the very best they did, that has allowed us to go for- United Airlines flight that ditched in of September 11. We realize there is ward as a Nation. Pennsylvania, and I believe that she something more than our own narrow So let us go forward from this bill and her fellow crew members saved parochial interests, that there is a today, standing together behind our many lives by having elected to ditch larger cause. President, behind the united leadership that day. So I thank the gentleman from New of the House and the Senate, com- Today, at Eastern Randolph High York (Mr. ENGEL) and the gentlewoman mitted to America. We can have par- School in Ramseur, North Carolina, my from New York (Mrs. MALONEY) for the tisan differences, we can have dif- district, there is a special event that way they have conducted themselves, ferences on tactics, but we should will commence very shortly in honor of for the assistance they have given me never, ever again disagree on the over- Sandy Bradshaw, who was an alumni of and for the dedication they have to riding goal of America destroying the that school. this matter. forces of international terrorism, pro- These people who came calling, and I I also want to thank the gentleman tecting our borders, and doing all we will have to give the sanitized version from Ohio (Chairman OXLEY), who has can to ensure that a September 11 will

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.013 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8207 never again occur, and that these men assisting victims of terrorism and their fam- tion with the Secretary of the Interior and and women did not die in vain. ilies. the Secretary of Defense), 2 members by the Mr. Speaker, I have no further re- (c) CHAIRPERSON.—The Chairperson of the Speaker of the House of Representatives (in quests for time, and I yield back the Advisory Board shall be one of its Members consultation with the Minority Leader) and 2 elected by a majority of the Members at the members by the Majority Leader of the Sen- balance of my time. first meeting of the Advisory Board. ate (in consultation with the Minority Lead- The SPEAKER pro tempore (Mr. (d) TERMS; VACANCIES.—Members of the er) from interested persons, including rep- PETRI). All time for debate has expired. Advisory Board shall serve for the life of the resentatives of organizations dedicated to as- Pursuant to the order of the House of Advisory Board. The President shall make sisting victims of terrorism and their fami- Wednesday, September 10, 2003, the bill appointments to fill any vacancies that lies. is considered read for amendment, and occur. (c) CHAIRPERSON.—The Chairperson of the the previous question is ordered. (e) DUTIES.—The Advisory Board shall— Advisory Board shall be one of its members (1) raise necessary funds to establish, de- elected by a majority of the members at the The question is on the engrossment sign, construct, and maintain the Memorial; first meeting of the Advisory Board. and third reading of the bill. and (d) TERMS; VACANCIES.—Members of the The bill was ordered to be engrossed (2) begin consultation under section 7 of Advisory Board shall serve for the life of the and read a third time, was read the the Commemorative Works Act not later Advisory Board. The President shall make third time, and passed, and a motion to than 1 year after the date of the enactment appointments to fill any vacancies that reconsider was laid on the table. of this Act. occur. (f) DONATIONS.—The Advisory Board may (e) DUTIES.—The Advisory Board shall— f accept donations on behalf of the United (1) raise necessary funds to establish, de- NATIONAL MEMORIAL TO VICTIMS States for the establishment, design, con- sign, construct, and maintain the Memorial; OF TERRORISM ACT struction, and maintenance of the Memorial. and (g) TERMINATION.—The Advisory Board (2) begin consultation under section 8907 of Mr. POMBO. Mr. Speaker, pursuant shall terminate not later than 120 days after title 40, United States Code, not later than 1 to the order of the House of September completion of the Memorial. year after the date of the enactment of this 10, 2003, I call up the bill (H.R. 911) to (h) FACA.—The Federal Advisory Com- Act. authorize the establishment of a me- mittee Act (5 U.S.C. App.) shall not apply to (f) DONATIONS.—The Advisory Board may morial to victims who died as a result the Advisory Board. accept donations on behalf of the United States for the establishment, design, con- of terrorist acts against the United SEC. 3. DEPOSIT OF EXCESS FUNDS. If, upon payment of all expenses of the es- struction, and maintenance of the Memorial. States or its people, at home or abroad, (g) TERMINATION.—The Advisory Board tablishment of the Memorial (including the and ask for its immediate consider- shall terminate not later than 120 days after maintenance and preservation amount pro- completion of the Memorial. ation. vided for in section 8(b) of the Commemora- (h) FACA.—The Federal Advisory Com- The Clerk read the title of the bill. tive Works Act), or upon expiration of the mittee Act (5 U.S.C. App.) shall not apply to The SPEAKER pro tempore. Pursu- authority for the Memorial under section the Advisory Board. ant to the order of the House of Sep- 10(b) of that Act, there remains a balance in SEC. 3. DEPOSIT OF EXCESS FUNDS. the funds received under section 3(f) for tember 10, 2003, the bill is considered If, upon payment of all expenses of the es- maintenance of the Memorial, the Chair- read for amendment. tablishment of the Memorial (including the person of the Advisory Board shall transfer The text of H.R. 911 is as follows: maintenance and preservation amount pro- the amount of the balance to the Secretary H.R. 911 vided for in section 8906(b) of title 40, United of the Treasury for deposit in the account States Code), or upon expiration of the 7- Be it enacted by the Senate and House of Rep- provided for in section 8(b)(1) of that Act. year period beginning on the date of the en- resentatives of the United States of America in The SPEAKER pro tempore. The Congress assembled, actment of this Act, there remains a balance amendment designated in the previous in the funds received under section 8903(f) of SECTION 1. AUTHORIZATION OF MEMORIAL. order of the House is adopted. title 40, United States Code, for maintenance (a) IN GENERAL.—The Advisory Board es- of the Memorial, the Chairperson of the Ad- tablished in section 2(a) is authorized to es- The text of the amendment in the na- visory Board shall transfer the amount of tablish a memorial (referred to hereafter in ture of a substitute is as follows: the balance to the Secretary of the Treasury this Act as the ‘‘Memorial’’) in accordance Strike all after the enacting clause and in- for deposit in the account provided for in with this Act on Federal lands administered sert the following: section 8906(b) of that title. by the National Park Service in the District SECTION 1. AUTHORIZATION OF MEMORIAL. The SPEAKER pro tempore. The gen- of Columbia and its environs (as defined in (a) IN GENERAL.—The Advisory Board es- section 2(e) of the Commemorative Works tablished in section 2(a) is authorized to es- tleman from California (Mr. POMBO) Act (40 U.S.C. 1002(e)) to victims who died as tablish a memorial (referred to hereafter in and the gentleman from Texas (Mr. a result of terrorist acts against the United this Act as the ‘‘Memorial’’) in accordance TURNER) each will control 30 minutes. States or its people, at home or abroad, ex- with this Act on Federal lands administered The Chair recognizes the gentleman cept those individuals identified by the At- by the National Park Service in the District from California (Mr. POMBO). torney General of the United States as par- of Columbia and its environs (as defined in Mr. POMBO. Mr. Speaker, I yield my- ticipating or conspiring in terrorist-related section 8902(a)(3) of title 40, United States self such time as I may consume. activities. Code) to victims who died as a result of ter- Mr. Speaker, 2 years ago today, (b) DETAIL OF EMPLOYEES.—The Secretary rorist acts against the United States or its America experienced an unimaginable of the Interior (referred to hereafter in this people, at home or abroad, except those indi- Act as the ‘‘Secretary’’) shall detail to the viduals identified by the Attorney General of act of terrorism that resulted in over Advisory Board such support staff as are nec- the United States as participating or con- 3,000 innocent people being taken from essary to assist the members of the Advisory spiring in terrorist-related activities. their families, including over 300 brave Board in carrying out its responsibilities. (b) DETAIL OF EMPLOYEES.—The Secretary firefighters and 60 police officers from (c) RELATIONSHIP TO THE COMMEMORATIVE of the Interior shall detail to the Advisory New York City, and over 40 military WORKS ACT.—The Commemorative Works Board such support staff as are necessary to personnel at the Pentagon. The attacks Act (40 U.S.C. 1001 et seq.) shall apply to the assist the members of the Advisory Board in of 9/11 changed America forever. While Memorial, with the exception of section 3(c) carrying out its responsibilities. it renewed our sense of patriotism, it of that Act which shall not apply to the Me- (c) RELATIONSHIP TO THE COMMEMORATIVE morial. WORKS ACT.—Chapter 89 of title 40, United also challenged Americans to accept SEC. 2. ADVISORY BOARD. States Code, shall apply to the Memorial, new limitations in their lives. (a) ESTABLISHMENT.—There is established with the exception of section 8903(c) of that While our Nation has certainly expe- an advisory board to be known as the ‘‘Vic- title which shall not apply to the Memorial. rienced tragedies in the past, the tims of Terrorism Memorial Advisory SEC. 2. ADVISORY BOARD. events of 9/11 affected the soul of this Board’’ (referred to hereafter in this Act as (a) ESTABLISHMENT.—There is established Nation and have transformed how mil- the ‘‘Advisory Board’’). an advisory board to be known as the ‘‘Vic- lions of Americans live their lives. (b) MEMBERS.—The Advisory Board shall tims of Terrorism Memorial Advisory America has entered a new era fol- consist of 13 members who shall be ap- Board’’ (referred to hereafter in this Act as lowing the events of September 11, 2001, pointed, not later than 3 months after the the ‘‘Advisory Board’’). an age where peace and personal secu- date of the enactment of this Act, by the (b) MEMBERS.—The Advisory Board shall President (in consultation with the Sec- consist of 13 members who shall be appointed rity at home is no longer taken for retary of the Interior and the Secretary of not later than 3 months after the date of the granted. Americans, unfortunately, Defense) from interested persons, including enactment of this Act. Nine members shall have been victims of terrorism in the representatives of organizations dedicated to be appointed by the President (in consulta- past.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.015 H11PT1 H8208 CONGRESSIONAL RECORD — HOUSE September 11, 2003 These are just a few of a long list of gress, was cosponsored by the chair- the memory of the victims who lost examples: man of the Committee on Resources, their lives at the hands of terrorists; it The assassination of Cleo Noel, U.S. the then chairman, Jim Hansen, who would be a living memorial where fu- Ambassador to Sudan in 1973; 63 Ameri- retired and who worked very hard in ture generations of young Americans cans killed at the bombing of U.S. bar- putting together the initial version of will come to learn about the challenges racks in Lebanon in 1983; an American this bill. So I am very grateful for the America faced when confronted by an serviceman killed during the hijacking gentleman from California (Mr. POMBO) enemy that knew no national bound- of TWA Flight 847 in Lebanon in 1985; and the other Members who have sup- aries and that used unconventional wheelchair-bound Leo Klinghoffer was ported this concept and have worked to methods, including suicide attacks, to murdered aboard the Achille Lauro in make this bill one that we believe will spread fear, death, and destruction. 1985; 259 Americans were killed aboard be successful, one that will pay tribute It is my hope that this memorial will Pan Am Flight 103 over Scotland in and memorialize the victims of ter- chart America’s journey in the war 1988; six people killed in the bombing of rorism. against worldwide terrorism and will the World Trade Center garage in 1993; We have had over 218 Members of the someday show the world how freedom, 19 Americans killed in the bombing of House join in cosponsoring this bill. liberty, and justice overcame oppres- the Khobar Towers in Saudi Arabia in The occasion of September 11 always sion, cowardice, and fanaticism. 1996; 247 people killed in the bombing of reminds us of the tragic events of 2 This legislation creates a 13-member the U.S. Embassy in Nairobi, Kenya, years ago. On that day, the attacks advisory board appointed by the Presi- and 10 people killed in the bombing of took thousands of innocent lives and dent, the Speaker of the House, and the U.S. Embassy in Dar es Salaam in changed the history of our Nation and President pro tempore of the Senate, Tanzania in 1998; 17 sailors killed in the of our world. Although it has been 2 and includes representatives from orga- attack on the USS Cole in Yemen in years, the terrible images of that day, nizations dedicated to assisting the October 2000. the pictures of the towers and flames, victims of terrorism. This advisory Mr. Speaker, H.R. 911, the National the horrors of the onlookers in lower board will guide the design, the loca- Memorial to Victims of Terrorism Act, , the workers who rushed tion, and will provide the leadership in would authorize the creation of a living into the Pentagon to help save their raising the private funds necessary for national memorial in our Nation’s Cap- colleagues, the determined faces of the establishment and maintenance of ital to all of the victims, past, present firefighters at Ground Zero and at the the memorial. In accordance with the and, unfortunately, future, killed in crash site in Pennsylvania all remain Commemorative Works Act, the advi- terrorist attacks against the United vividly in our memories. We can still sory board will consult with the appro- States or its people, including those feel the emotions of that day, our feel- priate commissions regarding site se- killed in the horrific September 11 at- ings of horror, anger, grief, and, most lection and design. tacks. importantly, our commitment to en- When the House Committee on Re- The bill would authorize the creation sure that this would never, ever happen sources first held a hearing on this bill of an advisory board whose members again. last year, each of us were deeply moved would be appointed by the President, We know now that September 11 of by the stories of several Americans the Speaker of the House, and the ma- 2001 was the beginning of what we whose lives were permanently changed jority leader. The board would be re- might call a new world order. No on September 11. Among our witnesses sponsible for raising all necessary longer would military might alone pro- were Lisa Beamer, whose husband Todd funds to design, construct, and main- tect us. We know today that our world was among the heroes of Flight 93. tain the memorial. Today, we have an has grown smaller, and that our secu- Todd was the young American who opportunity to acknowledge the thou- rity is threatened not only by nations, said, ‘‘let’s roll.’’ Another of our wit- sands of victims whose lives have been but also by a small band of dedicated nesses was a staff member, a then staff lost through acts of terrorism in our terrorists who hide in the shadows and member of the Committee on Re- history by establishing this memorial who willingly use suicide missions to sources, Liz Howell, whose husband in their honor. kill thousands of innocent victims. The was killed at the Pentagon. We also While we cannot completely repair savage attacks of September 11 made heard on that day from Joe Finley, a the damage that has been done by ter- clear to all that war had been declared New York firefighter, who lost many rorists that hate liberty and freedom, against America by a cruel and calcu- friends in the World Trade Center and we can provide some assurance that lating foe, one that seeks to destroy who worked in the rescue efforts at their memories will not be lost. this Nation, to take away our freedoms Ground Zero. Finally, we heard from Mr. Speaker, I urge my colleagues to and liberties that form the bedrock of Lieutenant Colonel Ted Anderson, who support H.R. 911, as amended. our great society. personally pulled victims from the Mr. Speaker, I reserve the balance of Never before have so many Ameri- burning Pentagon. my time. cans been killed on our own soil in a 1115 Mr. TURNER of Texas. Mr. Speaker, single day. The terrorists took the b I yield myself such time as I may con- lives of over 3,000, fathers and mothers, All of these spoke of the need for a sume. husbands and wives, sons and daugh- national memorial to the victims of Mr. Speaker, I want to thank the ters, citizens of America, and 80 other terrorism in the District of Columbia. gentleman from California (Chairman countries around the world. Since then, The stories of these individuals remind POMBO) for his outstanding leadership Americans have come together as a Na- us of the tragedy, the sacrifice, the on this very important piece of legisla- tion to remember those who lost their heroism that marked that day. Each of tion, H.R. 911, creating a national me- lives and to pledge our unwavering re- them represents the spirit of the brav- morial to the victims of terrorism. I solve to win the war on terrorism, ery and patriotism that arose in Amer- also want to thank the subcommittee whatever the cost, and whatever the ica’s darkest hour. Each of them ex- chairman, the gentleman from Cali- length of the battle. pressed in a very personal way the fornia (Mr. RADANOVICH) for his help As part of our commitment to defeat meaning that a national memorial and work on this bill, which we have terrorism in all of its forms and to would have to them. been involved in for the past 2 years. I never forget the precious lives that Liz Howell so eloquently stated, ‘‘I also want to thank the ranking minor- have been lost throughout these years, believe a national monument to ter- ity member of the full committee, the this legislation, H.R. 911, would author- rorism would become a hallowed place gentleman from West Virginia (Mr. RA- ize the establishment of a national me- for the people of this generation to re- HALL) and the ranking member of the morial to all victims of terrorist acts member and grieve. Perhaps even more subcommittee, the gentlewoman from against the United States, including importantly, it would teach future gen- the Virgin Islands (Mrs. CHRISTENSEN) those who lost their lives on that fate- erations about the heroism, sacrifice, for their work. ful day 2 years ago. and patriotism that surrounded the This bill originated shortly after Sep- The national memorial created in deaths of people who died simply for tember 11 of 2001 and, in the past Con- this bill would not only be dedicated to being Americans.’’

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.018 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8209 Lisa Beamer in her testimony said, from families, but one encounter I had leadership and vision and for the ex- ‘‘It is my hope and expectation that continues to resonate with me and re- pansion of the concept of 9/11, and that the Memorial to Victims of Terrorism mind me of the tragedy of that day. On is that we value lives, we honor lives, will motivate current and future gen- a cold, blustery, early morning in Octo- we cherish life and the sacrifices that erations to always be vigilant in pro- ber of last year, a man walked up to me have been made, the enormity of the tecting us from evil and always be at a train station and said, ‘‘Congress- sacrifice that was made on 9/11, that practicing for great acts of heroism. If man, I am angry.’’ My first thought struck a chord at the heart and soul of these lessons of September 11 are was that he did not agree with one of this Nation, where over thousands of learned and remembered, the deaths of my votes in Congress or he did not like Americans lost their lives and others our loved ones will not be in vain.’’ the outcome of a constituent case mat- lost their lives at the hands of the hor- Lt. Colonel Ted Anderson who rushed ter that we had tried to help him with. rific act of terrorism. into the Pentagon on that fateful day, But then he said, ‘‘I lost my brother in But yet this memorial, which will be put it this way, ‘‘This is about a memo- the World Trade Center on September comprised of individuals and family rial to those who have fallen already 11 and I want you to be angry too. I members and others who have experi- and it is about a physical symbol of our want you to never stop being angry.’’ enced the pain of terrorism, speaks to unified commitment to persevere, pre- Before leaving the train station that all who have lost their lives under that vail, and to preserve the sanctity of morning and having heard this man’s terrible mantle. So today I think 9/11 is our endeavor and freedom and peace for plea, I walked over to a tree planted in not only to recount where we were, this our open people and for those who memory of the victims of September body, on 9/11, 2001, this Congress had choose to join us.’’ 11, many of whom came from that convened, Members were in meetings, Mr. Speaker, it is indeed altogether small town. There was a plaque in part and the Nation’s business was being fitting and proper that we remember that read under the tree and I quote, carried on. And then a singular and and honor all victims of terrorism here ‘‘We shall never forget our friends and fateful day brought about a multitude in our Nation’s capital. This memorial neighbors who rode the rails with us of actions that will impact families will mark the time in the course of our that morning but did not return with around the world forever. Nation’s history when freedom and the us that night.’’ I believe this memorial has a good respect for the dignity of man over- We will forever remember the vic- sense to it, common sense like we came prejudice, hate, and evil. It will tims who died at the hands of such evil would like to think Americans have. stand for the time in our Nation’s his- men on that day. And I think we can First of all, we cherish our Constitu- tory when our country stood tall, per- also promise that we will never stop tion. We do believe that we all are cre- severed, and defended peace and civil- being angry over the attacks on our ated equal as the Declaration of Inde- ity for all mankind. country, and this memorial proposal by pendence so states, and we pride our- I know every Member of this House the gentleman from California (Mr. selves in having the unique Bill of will join in adoption of H.R. 911. POMBO) and the ranking member and Rights that gives us the right to free- Mr. Speaker, I reserve the balance of his committee may help in that regard. dom of expression and movement, free- my time. Ensuring the safety and security of dom of religion. So out of that we have Mr. POMEROY. Mr. Speaker, I yield our Nation and my State is my duty. been able to have the longest democ- such time as he may consume to the To protect our communities and neigh- racy without violence amongst us. We gentleman from New Jersey (Mr. borhoods, we are continuing to imple- fought wars, both the Revolutionary FRELINGHUYSEN). ment a variety of strategies for home- War and the Civil War; but we have Mr. FRELINGHUYSEN. Mr. Speaker, land security. That includes full and maintained a sense of appreciation for the gentleman from New Jersey thanks unfledged support for our police offi- the ability to disagree. We have not the gentleman from California (Mr. cers, firefighters and first aiders, de- taken up the sword against each other POMBO), the chairman of the Com- fense against bioterrorism, security at to be able to make our point. This body mittee on Resources, for yielding to our ports, harbor crossings, railroads exemplifies democracy and is a tribute me; and I thank him for his vision of and road networks, and new procedures to those who lost their lives in ter- this national memorial. I congratulate and standards for preparing and stand- rorist acts, that we would not fall the gentleman because in coming from ards when responding to emergencies. under the sword. So this morning I rise the New York-New Jersey region, we Along with President Bush, I can as- to pay tribute to the beautiful and particularly salute him for helping us sure you that the government at every wonderful families of these brave vic- remember so many people who lost level is responding to terrorist threats, tims. The legacy will live on. loved ones. working to track down every lead, and I also acknowledge that we as a Na- Mr. Speaker, today we reflect on the standing watch 24 hours a day against tion will toll bells and lay wreaths and event of September 11, 2001, and express terrorism. We remain resolved and we will have a number of silent mo- our deep sorrow, grief, and heartache vigilant in our efforts. We know that ment, reflecting upon the spirit and as for the victims of that tragic day and our work will not be done until every well, the joy in the lives that were pledge never to forget them. There American is free from fear of future lived. But as this committee, the Se- were about 700 New Jerseyans who were terrorist attacks. This memorial, this lect Committee on Homeland Security, lost in those attacks and many more excellent proposal, this excellent vi- was, in fact, instituted, we are strong. from New York State, other States and sion will be a living one as has been Our hearts are filled with resolve. Our from other nations, as well as we re- said, such that we will never forget. hearts are filled with love and admira- member today the lives lost at the Mr. TURNER of Texas. Mr. Speaker, tion for those who have survived and Pentagon and in Pennsylvania. I yield such time as she may consume yet those who do not live. In the face of terrorist attacks, we to the distinguished gentlewoman from We are resolved that as we promote witnessed the remarkable bravery of Texas (Ms. JACKSON-LEE). memorials and honor this day, that we EMS and first aid men and women, (Ms. JACKSON-LEE of Texas asked will never forget the reason and the firefighters and police officers, includ- and was given permission to revise and cost. The reason was because we live in ing many from my State who were first extend her remarks.) a democracy and out of that we gen- on the scene, who selflessly raced into Ms. JACKSON-LEE of Texas. Mr. erate hatred. The cause is to preserve the heavily damaged World Trade Cen- Speaker, I thank the gentleman very the democracy and to continue to cele- ter towers to aid and rescue those in much on this very honored day to have brate with excitement and joy the fact need. It was not until later that we the opportunity to join my colleagues that those brave souls who died at learned that so many of them never and to thank the chairman for the wis- Ground Zero, in the field in Pennsyl- made it out. Today we will remember dom of his committee and his leader- vania, and at the Pentagon did not die their bravery and pay our respects to ship, and to thank my good friend, the in vain. I believe we have challenges their families. gentleman from Texas (Mr. TURNER), this morning, Mr. Speaker, to enhance Like so many of us, I was touched by the ranking member of the Select Com- our first responders, the men and many heartbreaking stories and pleas mittee on Homeland Security, for his women in blue, our firefighters, our

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.020 H11PT1 H8210 CONGRESSIONAL RECORD — HOUSE September 11, 2003 neighbors, to provide them with the to stand united resisting injustice. I But we fooled them because America is still full funding that they need to fight the believe if we do that, the prayers of a nation, not just of the free, but also of the war on terrorism right in our own those of us who some day will look to brave. It is in fact a very special place; and to backyards. a world of peace where terrorism has a greater extent than any other time in our life- We need to be able to secure this Na- been stomped out will have a memorial times, Americans stood united. America was tion, not out of fear, but out of resolve. like 9/11 to remind us and the lives of built on diversity, by ships of pilgrims, by those We need to promote the Constitution those who died on 9/11 and would cher- in the bottoms of slave-ships and by others and cherish it as well. Proudly we need ish those who have been the victims of who walked across our borders. That diversity to boast that we are a democracy and terrorism that we will say to them will not be our downfall; it is our greatest we do believe in freedom. And I would that we have never, never given up. strength. We did not undermine our demo- say, Mr. Speaker, that we clearly do God bless this Congress. God bless cratic ideals or attack our Constitution. We not ever need to stop commemorating America. God bless all of those who stood firm. this day. Never do we need to say will stand with us to fight against ter- As we of Congress gathered last year in the enough is enough. For evil is amongst rorism. historic Federal Hall in New York City, and us and will continue to be so. And the Mr. Speaker, I thank the distinguished gen- then as we came together again before the only way that we can overcome it is to tleman for yielding me this time, and I thank Pentagon, one sight brought peace and hope be the walking, living legends of the the authors of this resolution for giving us all to my troubled heart—a great symbol that has democracy of this Nation. this opportunity to reflect upon what Sep- inspired so many people around the world What we do in this body reflects tember 11 meant to us, and to our districts, over the past two centuries. As I watched our every day the tribute to those who lost and to the Nation. flag began to blow in that morning’s wind, it their lives. I do applaud the vision of It is a beautiful day today. There are just a reminded me of the words of Francis Scott those who are not fearful of monu- few fluffy clouds scattered across our stunning Key. I understood why he was so moved to ments and memorials in times to con- blue skies. Across the Nation, people are write the ‘‘Star Spangled Banner,’’ for as he sider the bounty of this Nation. working, playing, traveling, taking care of busi- looked up into a war-torn sky, alight with vio- Might I take this day as well ac- ness and their families, and by and large, lent explosions, he wrote: knowledging that it is a sad day be- going about their normal lives. It is day much And the rockets’ red glare, the bombs burst- cause it is a commemorative day, to be like that day 2 years ago, the day of the hor- ing in air, able to challenge our friends and neigh- rific events in Washington, New York City, and Gave proof through the night that our flag bors, to be on the battlefield for justice Pennsylvania. It is a testament to the tremen- was still there. and democracy, to fight against dis- dous resolve and strength of the American It was not despite the war raging around crimination, to recognize a principle people that so quickly we have come back, al- him that he was able to contemplate his pas- that I think is very important, that most to a state of normalcy. sion for America; indeed, it was because of it. immigration does not equate to ter- But 2 years later, life still is not really back What might cause some to flee and desert rorism. I would think that as this par- to normal. Over 3,000 innocent Americans are their Nation, illuminated Old Glory, enlightened ticular legislation will move that we no longer with us. In a flash of violence, they him and gave him the inspiration to write one will have an enthusiastic response. It have been snatched from us—a blow to their of the most wonderful testaments to what will be probably as emotional in its friends and families that has been felt by being an American is. It was that same spirit passage, comparable I guess maybe to every American. Among the victims were peo- of courage in the face of danger, dem- the good times in the history of this ple from every walk of life and every ethnic onstrated in 1814, that was powerfully em- Nation, maybe and maybe not. group. The list included Barbara Olson, who bodied by those who died on Flight 93 in It will come to be as the inspiration fought steadfastly for the things in which she Somerset, PA. When they recognized the hor- that Francis Scott Key received as he believed. Although we sat on opposite sides of ror that befell them, they were inspired to do wrote the ‘‘Star Spangled Banner,’’ as many issues, I will always consider her to be what needed to be done to prevent further he saw the flag still waving amidst the an honored member of the Houston family. bloodshed, and they acted heroically. violence of explosion and bombs and We as a Nation will toll bells, lay wreaths and As a member of Congress, I commend their cannons and the rockets red glare, the have moments with no words at all planned actions. But also, as one person who was bombs bursting in air, gave proof for the sad commemoration of the terrorist as- hard at work that very day inside the Capitol through the night that the flag was sault that killed more than 3,000 of our moth- Building—the intended target of the fourth vi- still there. ers, fathers, sisters, and brothers. Our hearts cious attack—I, SHEILA JACKSON-LEE, owe a Mr. Speaker, I came to this floor be- go out to the families of those victims as well personal debt of gratitude to those who lost cause I believe that America should as to those who have served and still serve in their lives that day, and their friends and fam- never forget, and I would challenge Operation Iraqi Freedom and post-war efforts ily who survive. I humbly thank them all. Americans never to be too tired, too to rebuild Iraq. Today I would also like to salute those first dated to be able to pay tribute to those Two years ago today, many of us, as Ameri- responders who helped us all survive: the po- who walked in freedom, those who gave cans, might have been asking the questions: lice, the firefighters, the paramedics, all the their lives and particularly were will- Why is this happening? Who are we? How are medical professionals, and just plain ordinary ing to challenge and stand up to terror- we going to get through this? These are ques- people, the volunteers, the men and women of ists. tions that almost every people in the history of the United States military who continue to Today, as a member of the Select civilization has been forced to ask. But the an- stand at the front line of freedom and oppor- Committee on Homeland Security and swers that we have come to, and the ways we tunity and justice, the unsung heroes, many of as an American, I join with the world have risen to the challenges that face us, whom did not live to write their own songs, to family and solicit them not only to have been uniquely American and have truly tell their own stories. We honor them all, the honor those who have lost their lives made me proud to be a member of this great survivors and the deceased, and all of their through terrorist acts, and particularly nation. families. We honor them and thank them for those who lost their lives in 9/11, but I The terrorists who attacked us on Sep- their sacrifices. challenge them to make freedom real tember 11, 2001 might have thought that in I spoke last year to a man who lost his wife and to make the fight against ter- that horrific act of violence that we would in Somerset, PA, and his words were chilling rorism particularly real. crumble. They might have expected that be- to me. It reminded me of the importance of the cause we came from all walks of life and resolve of this Nation and of this government. b 1130 spoke different languages when we first came He said simply, ‘‘I do not understand. I’m still Let us not do it against each other, to this Nation, that because we cherish our re- living through this. I do not know how I’m but let us do it in unity. So in the spective cultures, that the coalition would dis- going to get through it,’’ For him and for the words of Martin Luther King, I ask integrate. They thought that we would no Nation, this fight is not over. That gentleman, that this Nation and the world walk in longer be America, that we would desert each however, may take comfort in the way that freedom. other and that we would fragment into a mo- America has come together, in knowing that I ask as well that we stand up to the saic of isolated groups based on ancestry. anytime America is attacked that no American finish and never give up. Then I will They thought we would put up barriers, point- will stand alone, but instead we will stand to- say that I ask that we pray for justice, ing fingers and accusing each other. gether arm-in-arm.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K11SE7.021 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8211 The U.S. government came together, with as a cosponsor before we pass this leg- firefighters, police officers, paramedics, emer- State, local, and Federal officials working as islation. gency technicians, and all rescue workers who one. In a country the size of America, there The SPEAKER pro tempore (Mr. cast aside concern for their own safety to rush will always be missteps, but for the most part, PETRI). The Chair will not recognize to save the lives of other Americans in harm’s although we were diverse, we did not use this that request. The gentleman must go way. Their bravery and commitment serve as time to attack any culture, or believers of any through the sponsor and be added. shining examples of why they remain role faith or any distinctive ethnic group. We came Mr. TURNER. I certainly would wel- models that our children emulate. together. come the cosponsorship, Mr. Speaker. We must also pause today to honor the sac- Again I think back to last year at the Pen- Mr. POMBO. Mr. Speaker, reclaiming rifices and continuing heroism of our coura- tagon, a building that has long been a tremen- my time, I would just urge my col- geous service men and women who left family dous symbol of strength, and is now also an leagues for an aye vote on the legisla- and friends in order to defend our nation in the embodiment of the American ability to survive. tion. global war against terror. U.S. troops are fight- Though the smoke and dust has settled at the Mr. EMANUEL. Mr. Speaker, I rise in strong ing, sacrificing and serving extended tours of Pentagon, a haze remains over America. We support of H.R. 1538, ‘‘The True American duty so that the men, women and children of are still in a fight for justice, a fight against ter- Heroes Act’’ and H.R. 911 to create a ‘‘Memo- Afghanistan, Iraq and other nations suffering rorism, in an ongoing war for freedom. But I rial for Victims of Terrorism.’’ Enacting both of under the heavy burden of tyranny and terror know in my heart that we will emerge from these important bills today is a fitting tribute to may share the freedom and inalienable human that haze. Through it we will see that same the victims of the terrorist attacks launched rights that Americans enjoy. We owe them our flag seen by Francis Scott Key. For in re- against the United States two years ago this resolve to defeat terrorism, and to ensure that sponse to his question: morning. here at home leaders are charting the proper O say does that star-spangled banner yet The were dev- course. wave astating, but our Nation was never weakened. Mr. Speaker, it is appropriate to reflect o’er the land of the free and the home of the The attacks were perpetrated because of the today on how we as a nation can better dem- brave? terrorists’ hatred of the American values of lib- onstrate American values. As we nurture bur- I answer with a resounding and unequivo- erty, democracy and equality. Hundreds of the geoning democracies beyond foreign shores, cal, ‘‘Yes. It surely does.’’ victims were parents working hard every day we must also align our priorities with human God bless America and God bless its peo- and praying for better futures filled with love rights and with freedom here at home. Let ple. and hope for their children. Some victims were those left behind pay tribute to those who died Mr. TURNER of Texas. Mr. Speaker, young children on their first airplane flight. by reaffirming our commitment as a nation to I yield myself such time as I may con- Others were sons and daughters, the pride of freedom and defense of human dignity, and in sume. their families, making it on their own in New so doing keep our nation strong. To that end, Mr. Speaker, in closing, I again want York City. Twenty were U.S. soldiers, thirty- I strongly support this legislation creating a to thank Chairman POMBO for his lead- three were sailors, sixty-one were federal civil- memorial for the victims of terrorism, and en- ership on this legislation along with ian employees, and nine were Army and Navy suring that our public safety workers have all the gentleman from California (Mr. contractors beginning their morning at the the resources that they need to do their jobs RADANOVICH) as well as their Demo- Pentagon, and all of them were living the continuing to prepare and protect America. cratic counterparts, the gentleman American dream. Ordinary Americans were Mr. MCNULTY. Mr. Speaker, in marking the second anniversary of the terrorist attacks of from West Virginia (Mr. RAHALL) and transformed into heroes as the two jets the gentlewoman from the Virgin Is- brought down the World Trade Center, when September 11, 2001, we remember and honor the 3,000 innocent men, women and children lands (Mrs. CHRISTENSEN). They have the third tore into the Pentagon, and when the done an outstanding job in helping us fourth was thrust into a Pennsylvania field. who lost their lives that day. We continue to grieve with, and reach out to, the families of put this bill together along with the Two years from September 11, we remember the victims. 218 cosponsors who joined us. and honor those brave Americans, their sac- We also continue to express our gratitude to Also, Mr. Speaker, I would like to rifice, and we promise to never forget them. our ‘‘First Responders.’’ We should take a mo- thank the staff who worked on this bill Our nation has remained robust because ment, again, to honor and thank the fire- over the last 2 years to be sure that it our strength derives not from tall skyscrapers fighters, police officers, and other emergency was in the proper form to accomplish or fleets of airliners, but because America is personnel who continue to put their lives on our objective. On the majority side, defined more by its values than borders, and the line, day in and day out, to protect us from Rob Howarth did an excellent job is defined less by our past than by our prom- dangers, both foreign and domestic. working on this bill, David Watson on ise. Rarely have those values of democracy On the solemn anniversary of these terrible the minority staff as well, and Trent and freedom been more clearly demonstrated attacks, we are reminded that a terrorist is, by Ashby and Amy Valentine on my staff. in our country’s short history than on Sep- definition, a coward—a person who cannot get And we appreciate their good work. tember 11, 2001. As the gravest moments ar- what he wants by the power of persuasion Mr. Speaker, I would urge the House rived, many ordinary citizens fueled by instinct, and therefore resorts to killing innocent peo- to adopt H.R. 911, legislation creating a courage and grace, rushed toward the flaming ple. The attacks of September 11, 2001, were national memorial to the victims of buildings in order to rescue their fellow Ameri- basic violations of the fundamental principle terrorism. cans or to overwhelm terrorist-controlled cock- that life is to give, not to take. We must con- Mr. Speaker, I yield back the balance pits in order to defeat their destructive plans. tinue to show the world that the forces of evil of my time Every community was shocked and scarred shall not prevail. We pray for the brave Amer- Mr. POMBO. Mr. Speaker, I yield my- by these catastrophes. My hometown of Chi- ican men and women serving in our Armed self such time as I may consume. cago suffered the loss of five women, who left Forces, and we continue to pray for the vic- Mr. Speaker, in closing, I would like their friends and family bereft. But more than tims and their families and wish them strength to thank the gentleman from Texas shock or horror, generosity, strength and self- as they carry on in spite of their tremendous (Mr. TURNER) for his perseverance in lessness characterized Chicago’s response. loss. moving this bill through the process. Although my city is a thousand miles away Mr. RAHALL. Mr. Speaker, we learn from This has been a long time in coming. It from New York, Chicagoans rushed to assist the Bible in Romans 12:21, ‘‘Be not overcome is a bill that has passed the House pre- New Yorkers, Pentagon workers, and rural with evil, but overcome evil with good.’’ In the viously. I look forward to this bill Pennsylvanians and support them as our a.m. hours of September 11, 2001, a great being enacted and being signed into neighbors. Whether they were Chicago fire- evil befell America. Around 3000 lives were law. And I urge my colleagues to sup- fighters hurrying to Ground Zero or school lost and over 281 million American felt the port the bill. children writing letters to comfort their fellow pain of their passing. Two years later we still Mr. UPTON. Mr. Speaker, will the pupils in New York, Chicago responded with feel that loss. gentleman yield? its renowned heart and generosity. And so did Victims of this terrible tragedy came from all Mr. POMBO. I yield to the gentleman every community across the country. across this country, including Dr. Paul Am- from Michigan. Mr. Speaker, we observe September 11 not brose of my home state of West Virginia, a tal- REQUEST TO ADD MEMBER AS COSPONSOR only to recognize the lives cut short by hatred, ented and public-spirited young physician, was Mr. UPTON. Mr. Speaker, I ask unan- but also to honor the genuine American he- on the airplane that the terrorists crashed into imous consent that my name be added roes. These many men and women include the Pentagon.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\A11SE7.007 H11PT1 H8212 CONGRESSIONAL RECORD — HOUSE September 11, 2003 The two grand towers of New York City, the to inquire about the schedule for next Labor-HHS-Education bill, does the symbol of our Nation’s strength here in Wash- week. I am pleased to yield to my gentleman expect we will move to go to ington, DC, a field in Southern Pennsylvania, friend the gentleman from Ohio (Mr. conference on this bill next week? and America itself was struck a mighty blow PORTMAN.) Mr. PORTMAN. Mr. Speaker, it is a two years ago, but on that day, the enduring Mr. PORTMAN. Mr. Speaker, I thank possibility. I respond to my friend from spirit of the United States of America over- my friend and colleague from Georgia Georgia, we do not have a request yet came evil with the human goodness and love for yielding to me. I would be happy to from the Senate on that legislation for of their fellow man and woman. talk about the schedule for next week. conference, but it is possible that we In the aftermath of the attacks, Americans The House has completed its work for could move the Labor-HHS bill next across our great land, including my home this week. Our business is over. All week as well. State of West Virginia, volunteered their serv- members and staff are invited to at- Mr. LEWIS of Georgia. I will further ices. Policemen, firemen, doctors, nurses, tend a remembrance ceremony today in yield to my friend from Ohio. What steelworkers, construction crews, plumbers, memory of those innocent lives that about the charitable choice tax bill, electricians, engineers, including members were lost 2 years ago this morning in what type of rule might we expect on IOUE’s National Hazardous Materials Program the terrorist attacks in New York, this bill? Will amendments or a sub- based in Beaver, West Virginia. Don Carson, Pennsylvania, and here at the Pen- stitute be allowed? the program’s director, and a team of workers tagon. This ceremony will begin at Mr. PORTMAN. Mr. Speaker, as my from the Beaver facility were among the first noon on the West Front of the Capitol. colleague on the Committee on Ways out-of-state workers to arrive at Ground Zero With regard to next week’s schedule, and Means will recall, we did have a immediately after the September 11th terrorist Mr. Speaker, the House will convene on good debate in the committee on this attacks. They and many more giving individ- Tuesday at 12:30 p.m. for morning hour, legislation, and it is a bipartisan piece uals put their lives on hold to help in the 2 p.m. for legislative business. At that of legislation, the Charitable Giving search for the lives of others and to assist in time we expect to consider several Act. I do not know frankly what the the immense job of rebuilding New York, measures under suspension of the rules Committee on Rules is going to do in Washington, DC, Pennsylvania, and the rest as well as potential motions to go to terms of the structure of the rule. I am of America. conference. convinced that there will be a good de- But, there was one thing they did not have Any votes called on the measures bate on it, and we will have a motion to rebuild and that was America’s resolve. that will be considered Tuesday after- to recommit and possibly a substitute, Never had its presence been stronger. We noon will be rolled until after 6:30 p.m. but I just do not know what the Com- suffered the worst attack on our own soil on Tuesday. mittee on Rules is going to decide in against civilians that this country has ever ex- On Wednesday, the House will meet terms of how the rule is structured. perienced, and though the number of lives lost for legislative business at 10:00 a.m. We Mr. LEWIS of Georgia. Mr. Speaker, was devastating, the world witnessed Amer- expect to consider legislation under I will not continue to keep my col- ica’s resolve on that fateful day. suspension of the rules on Wednesday. league long, but I would like to know, Partrick Henry told us in the beginnings of Next week, we also plan to consider and I will yield, will the FAA con- what would be the most powerful Nation in the H.R. 7, the Charitable Giving Act of ference report be on the floor next world, ‘‘United we stand. Divided we fall.’’ 2003, and H.R. 1829, the Federal Prison week? If so, which day? Americans from all creeds, all religions, all Industries Competition in Contracting Mr. PORTMAN. That is a good ques- backgrounds, from north to south, east to Act of 2003. tion. If the gentleman will continue to west, united behind each other that Tuesday In addition, I would like to note that yield, the FAA authorization expires at morning and for the days that followed, prov- we may consider one or more con- the end of September, as the gentleman ing Patrick Henry’s words true. Though the ference reports towards the end of the knows, and we need to pass this legisla- World Trade Center towers eventually col- week. Members should be aware that tion before that time. Otherwise, air- lapsed under great stress from heat and pres- we will be in session Thursday, pos- ports across the country will risk los- sure, for the last two years America never sibly late into the evening on Thurs- ing their grants to upgrade everything waffled. day, in order to complete these impor- from their instrument landing systems I am proud to be an American today, and I tant pieces of legislation. to their runways they need to expand. am proud to say that many my fellow West Finally, I would like to note that for So we do intend to schedule this impor- Virginians have given of themselves so much all Members we do not plan to have tant legislation before the end of Sep- to those who suffered two years ago and who votes next Friday, September 19. I tember so we do not get into that prob- still feel the pain of loss. We have stood to- thank the gentleman from Georgia for lem, but at this point we are not cer- gether in the face of great, unspeakable trag- yielding to me, and I would be happy to tain if it will come to the floor next edy and we will continue to stand together in answer any questions that he may week or the following week. the face of triumph. have. Mr. LEWIS of Georgia. Mr. Speaker, May God bless this great Nation, and give Mr. LEWIS of Georgia. Mr. Speaker, I will continue to yield to inquire, the us the strength to serve his will. I will continue to yield in order for the gentleman suggested that there may be Mr. POMBO. Mr. Speaker, I yield gentleman to clarify which appropria- other conference reports. Can we ex- back the balance of my time. tion bills we expect to move or he ex- pect to have any other conference re- The SPEAKER pro tempore. All time pects to move to go to conference on port on the floor next week? If so, for debate has expired. next Tuesday. We are hearing that the which conference reports might we Pursuant to the order of the House of DOD, Military Construction and Legis- have? Wednesday, September 10, 2003, the pre- lative branch bills are possible. Mr. PORTMAN. Mr. Speaker, I appre- vious question is ordered on the bill, as Mr. PORTMAN. I appreciate the gen- ciate my colleague yielding further. It amended. tleman from Georgia for yielding fur- is possible that we would have a couple The question is on the engrossment ther and he is exactly right. The Sen- of other conference reports. Certainly and third reading of the bill. ate has requested conference on those the energy bill is a possibility. There The bill was ordered to be engrossed three appropriations bills, Legislative may be good progress, we understand, and read a third time, was read the branch, the DOD, and the Mil Con bill, in that conference. Everybody is eager third time, and passed, and a motion to Military Construction. We expect to to be sure, with the blackouts and with reconsider was laid on the table. move to appoint conferees to one or our increasing dependence on foreign f more of these on Tuesday afternoon. In oil, we move forward a national energy addition, as the Senate completes addi- strategy. So that is one possibility. LEGISLATIVE PROGRAM tional measures, I would anticipate the Another would be the Department of (Mr. LEWIS of Georgia asked and was possibility of going to conference on Defense authorization bill, which is given permission to address the House additional items as well next week. also in conference, and as my colleague for 1 minute.) Mr. LEWIS of Georgia. Mr. Speaker, knows, with these conference reports it Mr. LEWIS of Georgia. Mr. Speaker, I will further yield to inquire, is there is difficult to predict what will happen I am prepared to yield to the majority any other bill possible? What about the in conference, but if those conferences

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.009 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8213 are completed, we would expect to was privileged to go with the Com- uting to their own security. Prisons move those conference reports to the mittee on Government Reform and one are on the verge of reopening. The judi- floor as soon as possible. can imagine my surprise turning on cial system is up and functioning. Food Mr. LEWIS of Georgia. Mr. Speaker, the evening news the day I got back distribution is not a problem. No hu- let me just ask my friend maybe in and watching the national news anchor manitarian crisis grew as a result of closing, why is there a need for us to be describe a situation that, quite hon- the combat operations, and although here late next Thursday night? The estly, I did not recognize and we had they have a long way to go, the hos- gentleman says as a possibility. just left the country. pitals remain open and functional, and Mr. PORTMAN. Well, it really de- Mr. Speaker, the American people very important to me as a physician, pends on what kind of progress we are not getting the real story on what 4.2 million children have been immu- make earlier in the week I suppose. We is happening with our troops in Iraq. nized since the first of May. are going to come in, as we said, Tues- General Conway of the 1st Marine Mr. Speaker, I would point out that day night and start with suspensions Expeditionary Force in Babylon de- this progress within 90 days of the end and then we start working on some of scribed to us what he said was a vivid of the major combat phase, none of these other bills, but it looks as though success story. He told us that Iraqis are these things were in place after 1 year the Charitable Choice Giving Act and not concerned that we would stay too of the conclusion of combat in Kosovo. the Prison Industries Competition in long but rather that we would leave Mr. Speaker, I think there is a good Contracting Act will take quite a bit of too soon. story to be told to the American people time on Wednesday and Thursday. So, Mr. Speaker, I was impressed by the about what has happened in Iraq, and I again, we are telling Members they return to normal life that is present intend to make that part of my mis- should expect to be here on Thursday through all areas of Iraq that I visited. sion. The markets are full. In fact, there night probably to vote on the Federal f Prison Industries Competition in Con- were traffic jams on the streets of tracting Act. Baghdad. Satellite dishes have sprout- RECESS Mr. LEWIS of Georgia. Mr. Speaker, ed on the roof tops of houses and apart- The SPEAKER pro tempore. Pursu- I want to thank my good friend and ment buildings, probably 25 to 30 per- ant to clause 12(a) of rule I, the Chair colleague from Ohio (Mr. PORTMAN) for cent, and Mr. Speaker, just four or five declares the House in recess subject to being so forthcoming. months ago, possession of a satellite the call of the Chair. dish was punishable by a year in pris- f Accordingly (at 11 o’clock and 44 on. minutes a.m.), the House stood in re- ADJOURNMENT TO MONDAY, The schools finished their school cess subject to the call of the Chair. SEPTEMBER 15, 2003 year. They completed the wheat har- f Mr. PORTMAN. Mr. Speaker, I ask vest in the area around Tikrit in north- unanimous consent that when the ern Iraq. b 1304 From the standpoint of our military, House adjourns today, it adjourn to AFTER RECESS meet at noon on Monday next. the combat phase of Operation Iraqi The SPEAKER pro tempore. Is there Freedom was prosecuted brilliantly. The recess having expired, the House objection to the request of the gen- Mr. Speaker, there is no remaining was called to order by the Speaker pro tleman from Ohio? strategic threat. To be sure, there are tempore (Mr. KLINE) at 1 o’clock and 4 There was no objection. still dangers and there are still terror- minutes p.m. ists, but there is no operational threat f f in Iraq. Stabilization is now the key HOUR OF MEETING ON TUESDAY, goal of our offensive operation. Our SPECIAL ORDERS SEPTEMBER 16, 2003 troops are charged with finding, con- The SPEAKER pro tempore (Mr. taining and killing those who would Mr. PORTMAN. Mr. Speaker, I ask KLINE). Under the Speaker’s announced harm our troops and Iraqi citizens. unanimous consent that when the policy of January 7, 2003, and under a Mr. Speaker, I would just like to previous order of the House, the fol- House adjourns on Monday, September draw attention to a photograph from 15, 2003, it adjourn to meet at 12:30 p.m. lowing Members will be recognized for the 4th Infantry Division. That is a di- 5 minutes each. on Tuesday, September 16, 2003, for vision from Fort Hood, Texas. This is a morning hour debates. picture that I took in one of Saddam’s f The SPEAKER pro tempore. Is there old palaces. Forty-two of the 54 indi- The SPEAKER pro tempore. Under a objection to the request of the gen- viduals identified as the most wanted previous order of the House, the gen- tleman from Ohio? of the previous regime have been tleman from Indiana (Mr. SOUDER) is There was no objection. crossed off this list. The top caption recognized for 5 minutes. f reads, ‘‘Saddam’s regime is gone and (Mr. SOUDER addressed the House. will not be back.’’ At the bottom some- His remarks will appear hereafter in DISPENSING WITH CALENDAR the Extensions of Remarks.) WEDNESDAY BUSINESS ON one panned, Can you hear me now? Health care was particularly impor- WEDNESDAY NEXT f tant to me, bearing in mind that no Mr. PORTMAN. Mr. Speaker, I ask health care infrastructure improve- SO COMMITTED AND SO RESOLVED unanimous consent that the business ments have occurred for over 30 years The SPEAKER pro tempore. Under a in order under the Calendar Wednesday in Iraq. A member of the Civil Affairs previous order of the House, the gen- rule be dispensed with on Wednesday Brigade, Lieutenant Colonel Michael tleman from Texas (Mr. DELAY) is rec- next. Keller reported to me that within one ognized for 5 minutes. The SPEAKER pro tempore. Is there of the medical libraries at the medical Mr. DELAY. Mr. Speaker, today the objection to the request of the gen- school he visited no text had copyright United States is a Nation in mourning. tleman from Ohio? later than 1984. Pharmaceuticals that And yet, Mr. Speaker, even as we There was no objection. were manufactured in Iraq were use- grieve, we fight. Even as our hearts f less. They relied upon donations from burst with compassion, our souls burn Kuwait after the combat phase to avert with resolve. Because today the United THE REAL STORY ON IRAQ a humanitarian disaster. States is also a Nation at war. The SPEAKER pro tempore. Under a Mr. Speaker, in 90 days, schools com- We are at war for the survival of our previous order of the House, the gen- pleted their academic year and con- Nation and the cause of freedom. And tleman from Texas (Mr. BURGESS) is ducted testing. Ninety percent of the we are at war against the evil that recognized for 5 minutes. major cities and towns across Iraq have planned and executed the attacks we Mr. BURGESS. Mr. Speaker, I re- functioning town councils and city coldly remember today. That evil we cently returned from a trip to Iraq. I councils, over 500,000 Iraqis are contrib- fight today is the same evil mankind

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.025 H11PT1 H8214 CONGRESSIONAL RECORD — HOUSE September 11, 2003 has always fought, the violent lie that tleman from Georgia (Mr. NORWOOD) is down terrorists at home and abroad. with enough brute force, human cru- recognized for 5 minutes. And we worked together with the elty can subdue human freedom. (Mr. NORWOOD addressed the House. President to establish the Department In the 2 years since we declared war His remarks will appear hereafter in of Homeland Security. But much more on this new, old enemy, the United the Extension of Remarks.) remains to be done to secure our home- States has not suffered a major ter- f land to make Americans safer and rorist event on our soil. Thousands of more secure. PATRIOT DAY terrorists have been brought to justice Providing for the common defense as by our law enforcement community The SPEAKER pro tempore. Under a set forth in the preamble to the Con- and thousands more have had justice previous order of the House, the gen- stitution is our first responsibility as brought to them by the Army, Navy, tleman from Texas (Mr. HINOJOSA) is Members of Congress. We need to im- Air Force, and Marines. recognized for 5 minutes. prove the protection of our borders by Even so, after 2 years, two successful Mr. HINOJOSA. Mr. Speaker, today hiring more border patrol agents and military campaigns, and 50 million lib- is Patriot Day, so designated by a law inspectors and by employing tech- erated Afghanis and Iraqis, our dan- enacted by this Congress in October nology to monitor every mile of our gerous days are still just beginning. 2001, that calls on the people of the borders around the clock. We also need Winston Churchill, in a similar mo- United States to observe a moment of more extensive security protections for ment at the dawn of the Second World silence in honor of those who lost their War, braced his countrymen by saying: our commercial ports, and we need to lives that terrible day. It is a day of provide our first responders with the ‘‘We have before us an ordeal of the national prayer and mourning, a day to most grievous kind. We have before us equipment and training they need to honor memories of the 3,016 men, respond to another terrorist attack. many, many months of struggle and women, and children who perished on suffering.’’ But he would not yield. He As we remember 9/11, we also recog- September 11, 2001. nize that some positive things have understood that in the face of evil, In my south Texas congressional dis- mankind’s only option was to wage war come out of this tragedy. All across trict, numerous cities, schools, and America we see a renewed sense of by land, sea, and air. He understood civic organizations are holding cere- that its only objective was victory. community, a feeling of patriotism and monies today. I want to especially Victory at all costs. Victory in spite of greater appreciation for the freedoms mention a few events like those being all terrorists, however long and hard and the liberty that make our country held at Pharr-San Juan-Alamo High the road may be. great. The moral defiance Churchill voiced School in Beeville VFW Post 9170, as In the aftermath of September 11, a that day, Americans fired within our- well as in the Staff Sergeant Ernesto Newsweek poll found that fully 78 per- selves that moment 2 years ago when Garcia American Legion Post 633 in cent of the public felt more patriotism we realized we were at war. Today our Mathis, Texas. and love of country. Armed Forces are deployed in Afghani- In that moment of silence, we re- stan and Iraq because we are resolved member all of those who perished and b 1315 pray for their families and loved ones to wage this war for human liberty to It is estimated that more than half of who endure the pain and loss of that its end. American households proudly display tragic day. We honor especially the he- We know now the lesson of 9/11, that the flag on their homes or automobiles roic sacrifices of our firefighters, police freedom and terrorism cannot coexist. compared to 15 percent before Sep- and rescue personnel, military This battle will be decided by our vic- tember 11. servicemembers, and the courageous tory or by our surrender, in security or A recent CNN–USA Today poll shows passengers on Flight 93 who saved hun- in shame. that an overwhelming majority of dreds of more lives by stopping that America will have won or lost, and Americans, 70 percent, are extremely fourth plane which crashed in Pennsyl- the brave heroes we mourn today, proud to be an American. They are vania. They are the true heroes and pa- those who gave their lives in New proud of what our country stands for triots. And so are the tens of millions York, Pennsylvania, the Pentagon, Af- and proud to live in the greatest de- of Americans who on that day an- ghanistan, Iraq, and around the world mocracy in the history of the world. swered their Nation’s calls by contrib- over the last 2 years, will have either Mr. Speaker, let us hope that this re- uting to relief efforts and helping those sacrificed for virtue or died in vain. newed sense of patriotism, of fellow- The question, then, before the Amer- in need. ship with our local communities, of ican people today after 2 armed years As we commemorate the terrorist at- compassion for those in need, and re- of struggle in the face of a relentless tack on America 2 years ago, we also spect for those who protect and defend evil is whether our will is as powerful reaffirm our resolve as a Nation to us will strengthen, comfort, and sus- as our weapons. fight the scourge of international ter- tain us in the great struggle that lies This September 11, let us reaffirm rorism, to destroy the abilities of al ahead. our commitment to freedom and our Qaeda to mount deadly attacks against resolve to end global terrorism every- innocent civilians in the United States, f where its merciless hatred lurks. For if the Middle East, and beyond. Achieving The SPEAKER pro tempore (Mr. we stand together so committed and so that goal will require the concerted ef- KLINE). Under a previous order of the resolved, we shall overcome. And even fort of all civilized nations. Even as we House, the gentleman from Minnesota now as we look back on the day Amer- pay tribute to our troops defending our (Mr. GUTKNECHT) is recognized for 5 ica came to know evil, we can by the freedoms abroad, we applaud the Presi- minutes. grace of God also look forward to the dent for turning to the United Nations (Mr. GUTKNECHT addressed the day America will come to know evil’s to help in the major effort that lies House. His remarks will appear here- defeat. ahead in rebuilding Iraq. after in the Extension of Remarks.) f In the aftermath of the attacks on The SPEAKER pro tempore (Mr. September 11, Congress responded with f KLINE). Under a previous order of the unprecedented unity and speed. We au- House, the gentlewoman from Cali- thorized the President to use all nec- EXCHANGE OF SPECIAL ORDER fornia (Mrs. DAVIS) is recognized for 5 essary force to destroy the al Qaeda TIME minutes. network and the Taliban government Mr. RENZI. Mr. Speaker, I ask unani- (Mrs. DAVIS of California addressed that provided it safe harbor in Afghani- mous consent to speak in the gen- the House. Her remarks will appear stan. We enacted legislation to tleman from Minnesota’s (Mr. GUT- hereafter in the Extensions of Re- strengthen our homeland security. New KNECHT) position. marks.) laws overhauled our airport security The SPEAKER pro tempore. Is there f system, fortified our boarders, and pro- objection to the request of the gen- The SPEAKER pro tempore. Under a vided our intelligence and law enforce- tleman from Arizona? previous order of the House, the gen- ment agencies with new tools to track There was no objection.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.029 H11PT1 September 11, 2003 CONGRESSIONAL RECORD — HOUSE H8215 RENEWING COMMITMENT TO which they could express their soli- SPECIAL ORDERS GRANTED FIGHT THE SCOURGE OF GLOBAL darity with the people of New York and By unanimous consent, permission to TERRORISM Washington and Pennsylvania. address the House, following the legis- One such individual, Mr. Speaker, by The SPEAKER pro tempore. Under a lative program and any special orders the name of Sergeant Christopher previous order of the House, the gen- heretofore entered, was granted to: Quitugua of Yona, Guam, contacted my tleman from Arizona (Mr. RENZI) is rec- (The following Members (at the re- office and asked me to display a Guam ognized for 5 minutes. quest of Mr. HINOJOSA) to revise and flag that he has carried with him while Mr. RENZI. Mr. Speaker, I rise here extend their remarks and include ex- on active duty in Egypt, Kosovo, Ku- today on the anniversary of this tragic traneous material:) wait, and now Afghanistan. He wanted occasion to renew my commitment to Mrs. DAVIS of California, for 5 min- this flag to honor the men and women fight the scourge of global terrorism. I utes, today. who lost their lives during the terrorist rise to send a message to those who Mr. HINOJOSA, for 5 minutes, today. attacks on September 11, 2001, and the wish to bring harm to our innocent: commitment of the people of Guam to Mr. BORDALLO, for 5 minutes, today. your tactics will not succeed, your protect and defend our Nation. Mr. BROWN of Ohio, for 5 minutes, message will not be heard, and your ex- Accompanying the flag is a certifi- today. istence will forever be reviled by peace- cate which reads as follows: ‘‘This Ms. NORTON, for 5 minutes, today. loving people of this Earth. Guam flag is dedicated to the people of Mr. HINCHEY, for 5 minutes, today. The wound to my Nation is now a Guam. It was flown on a combat mis- (The following Members (at the re- scar, a disfigurement to serve as a re- sion in an AH–64A Apache attack heli- quest of Mr. RENZI) to revise and ex- minder that in this world, if you stand copter from Bagram Airfield, Afghani- tend their remarks and include extra- for liberty, you will be targeted; if you stan, in support of Operation Enduring neous material:) seek freedom and individual rights, you Freedom. This flag was flown in honor Mr. DELAY, for 5 minutes, today. will be struck. of the men and women who lost their Mr. RENZI, for 5 minutes, today. I am humbled by the thought that on lives during the terrorist attacks on Mr. JONES of North Carolina, for 5 this weekend, as on each weekend since September 11, 2001.’’ minutes, September 16. the attacks 2 years ago, the American In addition, this certificate was f children who lost a mom or a dad on signed by the , Steve Odom, and September 11 will go to little league the co-pilot, John J. Blank, Jr. ADJOURNMENT ballfields around our Nation, and it is On this day that we remember the Ms. BORDALLO. Mr. Speaker, I move there that these young ones will play terrible tragedies of September 11, 2001, that the House do now adjourn. their hearts out for a dad who is not let us not forget the families that have The motion was agreed to; accord- there to call to his own, to a mom who lost their loved ones and reconfirm our ingly (at 1 o’clock and 23 minutes is not there to call to her little one. To commitment as a Nation to comfort p.m.), under its previous order, the the single moms and dads out there and help all those who have suffered. House adjourned until Monday, Sep- struggling to raise their children who Also, let us remember our men and tember 15, 2003, at noon. know personal sacrifice and suffering, I women in uniform, such as Sergeant f am overwhelmed by their courage. Quitugua, who bravely defended our Vigilance is the eternal price of free- Nation and continued to fight, to en- EXECUTIVE COMMUNICATIONS, dom, and I beg my fellow patriots to sure that what occurred 2 years ago ETC. rise up and remain vigilant, to con- never, ever happens again. Under clause 8 of rule XII, executive God bless our people and God bless tinue to give and assist one another in communications were taken from the our Nation, the United States of Amer- a spirit of brotherhood, and to know Speaker’s table and referred as follows: that we as a Nation will never forget ica. 4206. A letter from the Deputy Associate and never surrender. f Administrator, Environmental Protection f The SPEAKER pro tempore. Under a Agency, transmitting the Agency’s final rule previous order of the House, the gen- — Trifloxystrobin; Pesticide Tolerance REMEMBERING THE VICTIMS OF tleman from North Carolina (Mr. [OPP-2003-0244; FRL-7322-7] received Sep- THE SEPTEMBER 11 TERRORIST JONES) is recognized for 5 minutes. tember 9, 2003, pursuant to 5 U.S.C. ATTACKS (Mr. JONES of North Carolina ad- 801(a)(1)(A); to the Committee on Agri- culture. The SPEAKER pro tempore. Under a dressed the House. His remarks will ap- pear hereafter in the Extensions of Re- 4207. A letter from the Acting Undersecre- previous order of the House, the gentle- tary of Defense, Department of Defense, woman from Guam (Ms. BORDALLO) is marks.) transmitting the Department’s five-year recognized for 5 minutes. f plan and supplemental plan for the manufac- Ms. BORDALLO. Mr. Speaker, I rise The SPEAKER pro tempore. Under a turing technology (ManTech) program for today on the second anniversary of the previous order of the House, the gen- fiscal years 2003-2007, as required by sub- September 11 terrorist attacks of 2001 tleman from Ohio (Mr. BROWN) is rec- section 2521(e) of title 10 of the United States to express my sympathies for the vic- ognized for 5 minutes. Code; to the Committee on Armed Services. (Mr. BROWN of Ohio addressed the 4208. A letter from the Chief Information tims of this terrible tragedy and their Officer, Department of Defense, transmitting families. House. His remarks will appear here- the Department’s FY 2002 Chief Information Furthermore, I would like to take after in the Extensions of Remarks.) Officer Annual Information Assurance Re- this time to honor our men and women f port; to the Committee on Armed Services. in the armed services who risk their The SPEAKER pro tempore. Under a 4209. A letter from the Principal Deputy, lives on a daily basis in Afghanistan, previous order of the House, the gentle- Department of Defense, transmitting notifi- Iraq, and throughout the world to en- woman from the District of Columbia cation of the Department’s intention to close the combined commissary and exchange sure security and freedom both at (Ms. NORTON) is recognized for 5 min- stores at Homestead Air Reserve Base, FL home and abroad. utes. and Fort McClellan, AL, by December 31, The people of Guam continue to (Ms. NORTON addressed the House. 2003; to the Committee on Armed Services. mourn the senseless loss of innocent Her remarks will appear hereafter in 4210. A letter from the Under Secretary, lives that occurred 2 years ago. Al- the Extensions of Remarks.) Department of Defense, transmitting the De- though, Mr. Speaker, Guam is situated f partment’s quarterly report as of June 30, many miles west of New York City and The SPEAKER pro tempore. Under a 2003, entitled, ‘‘Acceptance of contributions Washington, D.C. and Pennsylvania, previous order of the House, the gen- for defense programs, projects and activities; Guamanians find themselves engrossed Defense Cooperation Account,’’ pursuant to tleman from New York (Mr. HINCHEY) 10 U.S.C. 2608; to the Committee on Armed in the sense of shock and sadness that is recognized for 5 minutes. Services. all Americans felt. The people of Guam (Mr. HINCHEY addressed the House. 4211. A letter from the Deputy Associate reflected on the magnitude of what had His remarks will appear hereafter in Administrator, Environmental Protection transpired and searched for a means by the Extensions of Remarks.) Agency, transmitting the Agency’s final rule

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K11SE7.035 H11PT1 H8216 CONGRESSIONAL RECORD — HOUSE September 11, 2003 — Approval and Promulgation of Air Quality port Relief,’’ August 2003, pursuant to 19 come members of labor organizations, and Implementation Plans; Pennsylvania; Redes- U.S.C. 2254(d)(3); to the Committee on Ways for other purposes; to the Committee on ignation of the Liberty Borough PM10 Non- and Means. Education and the Workforce. attainment Area to Attainment and Ap- 4222. A letter from the Chairman, Inter- By Mr. CRENSHAW (for himself and proval of the Associated Maintenance Plan national Trade Commission, transmitting a Mr. BLUNT): [PA189-4300; FRL-7556-4] received September Commissioner’s report on Investigation No. H.R. 3079. A bill to establish the National 9, 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to TA-204-10, entitled, ‘‘Certain Circular Welded Commission on the Modernization of the the Committee on Energy and Commerce. Carbon Quality Line Pipe: Evaluation of the United Nations; to the Committee on Inter- 4212. A letter from the Deputy Associate Effectiveness of Import Relief’’ August 2003; national Relations. Administrator, Environmental Protection to the Committee on Ways and Means. By Mrs. JO ANN DAVIS of Virginia: Agency, transmitting the Agency’s final rule 4223. A letter from the Chairman, U.S. H.R. 3080. A bill to amend section 5379 of — Approval and Promulgation of Implemen- International Trade Commission, transmit- title 5, United States Code, to increase the tation Plans; Illinois; Revised Motor Vehicle ting the Commission’s report entitled, ‘‘The annual and aggregate limits on student loan Emissions Inventories and Motor Vehicle Year in Trade 2002: Operation of the Trade repayments by Federal agencies; to the Com- Emissions Budgets using MOBILE6 [IL 200- Agreements Program’’; to the Committee on mittee on Government Reform. 3a; FRL-7558-3] received September 9, 2003, Ways and Means. By Mr. GEPHARDT (for himself and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f Mr. BOSWELL): mittee on Energy and Commerce. H.R. 3081. A bill to amend title XVIII of the 4213. A letter from the Deputy Associate REPORTS OF COMMITTEES ON Social Security Act to provide additional re- Administrator, Environmental Protection PUBLIC BILLS AND RESOLUTIONS imbursements for Medicare providers in low- Agency, transmitting the Agency’s final rule reimbursement States and to provide finan- — Approval and Promulgation of Implemen- Under clause 2 of rule XIII, reports of cial incentives for high quality, low-cost tation Plans; North Carolina: Mecklenburg- committees were delivered to the Clerk health care; to the Committee on Ways and Union Transportation Conformity Inter- for printing and reference to the proper Means, and in addition to the Committee on agency Memorandum of Agreement [NC-107- calendar, as follows: Energy and Commerce, for a period to be 200338(a); FRL-7557-9] received September 9, Mr. POMBO: Committee on Resources. S. subsequently determined by the Speaker, in 2003, pursuant to 5 U.S.C. 801(a)(1)(A); to the 111. An act to direct the Secretary of the In- each case for consideration of such provi- Committee on Energy and Commerce. terior to conduct a special resource study to sions as fall within the jurisdiction of the 4214. A letter from the Deputy Associate determine the national significance of the committee concerned. Administrator, Environmental Protection Miami Circle site in the State of Florida as By Mr. HOEFFEL (for himself, Mr. Agency, transmitting the Agency’s final rule well as the suitability and feasibility of its UDALL of New Mexico, and Mr. BROWN — Hazardous Waste Management System; inclusion in the National Park System as of Ohio): Identification and Listing of Hazardous part of Biscayne National Park, and for H.R. 3082. A bill to review, reform, and ter- Waste; Final Exclusion [SW-FRL-7557-5] re- other purposes (Rept. 108–268). Referred to minate unnecessary and inequitable Federal ceived September 9, 2003, pursuant to 5 the Committee of the Whole House on the payments, benefits, services, and tax advan- U.S.C. 801(a)(1)(A); to the Committee on En- State of the Union. tages; to the Committee on Government Re- ergy and Commerce. Mr. POMBO: Committee on Resources. form, and in addition to the Committees on 4215. A letter from the transmitting the H.R. 1006. A bill to amend the Lacey Act Ways and Means, Rules, and the Budget, for Agency’s final rule — Pennsylvania: Final Amendments of 1981 to further the conserva- a period to be subsequently determined by Approval of State Underground Storage tion of certain wildlife species; with an the Speaker, in each case for consideration Tank Program [FRL-7557-4] received Sep- amendment (Rept. 108–269). Referred to the of such provisions as fall within the jurisdic- tember 9, 2003, pursuant to 5 U.S.C. Committee of the Whole House on the State tion of the committee concerned. 801(a)(1)(A); to the Committee on Energy and of the Union. By Mr. PETERSON of Minnesota (for Commerce. himself, Mr. REHBERG, Mr. HEFLEY, 4216. A letter from the Commissioner, Fed- f Mr. OBERSTAR, Mr. JANKLOW, and Ms. eral Election Commission, transmitting the PUBLIC BILLS AND RESOLUTIONS MCCOLLUM): Commission’s final rule — Statement of Pol- H.R. 3083. A bill to amend the country-of icy Regarding Deposition Transcripts in Under clause 2 of rule XII, public origin labeling requirements of the Agricul- Nonpublic Investigations [Notice 2003-15] re- bills and resolutions were introduced tural Marketing Act of 1946 to specify the ceived August 26, 2003, pursuant to 5 U.S.C. and severally referred, as follows: model upon which the certification program 801(a)(1)(A); to the Committee on House Ad- By Mr. BARRETT of South Carolina: for producers shall be based, to facilitate ministration. verification of compliance with the require- 4217. A letter from the Public Printer, H.R. 3075. A bill to amend the Immigration ments, to impose a schedule of penalties for United States Government Printing Office, and Nationality Act to bar the admission of violation of the requirements, and for other transmitting the Government Printing Of- aliens from countries determined to be state purposes; to the Committee on Agriculture. fice (GPO) annual report for Fiscal Year 2002; sponsors of terrorism, and for other pur- By Ms. KILPATRICK (for herself and to the Committee on House Administration. poses; to the Committee on the Judiciary. Mr. CONYERS): 4218. A letter from the Acting Assistant By Mr. HOEKSTRA (for himself, Mr. H. Con. Res. 278. Concurrent resolution rec- Secretary of the Army, Department of De- BOEHNER, Mr. MCKEON, Mr. ISAKSON, ognizing the contributions of African-Amer- fense, transmitting A report listing an in- Mr. TIBERI, Mr. WILSON of South ican teams and players for their ventory of all the WPA dams in the State of Carolina, and Mr. COLE): achievements, dedication, and contributions Minnesota and an assessment of the condi- H.R. 3076. A bill to amend title VII of the to the sport of basketball and to the Nation; tion of the dams and the need for rehabilita- Higher Education Act of 1965 to ensure grad- to the Committee on Government Reform. tion or modification of the dams dated uate opportunities in postsecondary edu- March 2003; to the Committee on Transpor- cation, and for other purposes; to the Com- f tation and Infrastructure. mittee on Education and the Workforce. 4219. A letter from the Secretary, Depart- By Mr. HOEKSTRA (for himself, Mr. ADDITIONAL SPONSORS ment of Transportation, transmitting the BOEHNER, Mr. MCKEON, Mr. GREEN- Under clause 7 of rule XII, sponsors WOOD, Mr. WILSON of South Carolina, Department’s report entitled, ‘‘Buckle Up were added to public bills and resolu- America: The National Initiative for Increas- and Mr. COLE): ing Seat Belt Use, Fifth Report To Congress H.R. 3077. A bill to amend title VI of the tions as follows: and Third Report to the President’’ April Higher Education Act of 1965 to enhance H.R. 31: Mr. ENGLISH. 2003; to the Committee on Transportation international education programs; to the H.R. 235: Mr. RAHALL and Mr. TURNER of and Infrastructure. Committee on Education and the Workforce. Ohio. 4220. A letter from the Assistant Secretary, By Mr. GEORGE MILLER of California H.R. 290: Mr. MICHAUD, Mr. BOOZMAN, Mr. Department of the Treasury, transmitting (for himself, Mr. BISHOP of New York, NEAL of Massachusetts, Mr. DELAHUNT, and Notification of the Secretary’s determina- Mr. GRIJALVA, Mr. PAYNE, Mr. KIL- Mr. ENGEL. tion concerning the operation and status of DEE, Mr. OWENS, Mr. TIERNEY, Mr. H.R. 296: Mr. GILCHREST. the CSRDF during the recent debt issuance ABERCROMBIE, Ms. SOLIS, Mr. H.R. 839: Mr. GALLEGLY, Mr. LYNCH, Mr. suspension period, and restoration thereof, KUCINICH, Mr. UDALL of New Mexico, JOHN, Mr. DOOLEY of California, and Mr. FER- as persuant to section 8348 of title 5, United Mrs. MCCARTHY of New York, Mr. GUSON. States Code, pursuant to 5 U.S.C. 8348(l)(2); RYAN of Ohio, Ms. CARSON of Indiana, H.R. 869: Mr. SNYDER. to the Committee on Ways and Means. Ms. SCHAKOWSKY, Ms. SLAUGHTER, H.R. 911: Ms. BALDWIN, Mrs. JONES of Ohio, 4221. A letter from the Chairman, Inter- Ms. DELAURO, Mr. SERRANO, Ms. Ms. HARRIS, Mr. ANDREWS, Mr. GEPHARDT, national Trade Commission, transmitting MCCOLLUM, and Ms. WOOLSEY): Mr. ORTIZ, Mrs. DAVIS of California, and Mr. the Commission’s report on investigation H.R. 3078. A bill to amend the National UPTON. No. TA-204-11, entitled, ‘‘Certain Steel Wire Labor Relations Act to establish an efficient H.R. 935: Ms. SOLIS. Rod: Evaluation of the Effectiveness of Im- system to enable employees to form or be- H.R. 962: Mr. STUPAK.

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H.R. 996: Mr. WALDEN of Oregon. H.R. 2394: Mr. TANNER and Ms. MILLENDER- LATTE, Mrs. NORTHUP, Mr. RYAN of Ohio, Mr. H.R. 1002: Mr. STARK and Mr. LARSEN of MCDONALD. KNOLLENBERG, Mr. MCNULTY, and Mr. COLE. Washington. H.R. 2671: Mr. MCCRERY, Mr. PLATTS, and H.R. 2999: Mr. COBLE and Mr. HOSTETTLER. H.R. 1105: Mr. CASTLE. Mr. OSBORNE. H.R. 3061: Mr. PORTER. H.R. 1288: Mr. SHAW, Mr. WICKER, Mr. H.J. Res. 22: Mr. EVERETT. H.R. 2697: Mrs. MUSGRAVE. CROWLEY, and Mr. LARSEN of Washington. H.J. Res. 46: Ms. HARRIS. H.R. 1310: Mr. BOYD and Mr. GOODE. H.R. 2702: Mr. STARK. H. Con. Res. 60: Ms. EDDIE BERNICE JOHN- H.R. 1359: Ms. MILLENDER-MCDONALD. H.R. 2964: Mr. PETERSON of Minnesota. SON H.R. 1671: Mr. PITTS. of Texas. H.R. 1910: Mr. PRICE of North Carolina. H.R. 2998: Mr. BOYD, Mr. ROTHMAN, Mr. H. Con. Res. 176: Mr. SMITH of Washington. H.R. 1929: Mr. SERRANO. BISHOP of Georgia, Mr. BERRY, Mr. FARR, Mr. H. Con. Res. 265: Mr. SAXTON and Mr. H.R. 1943: Mr. GOODE. SKELTON, Mr. CRAMER, Mrs. Miller of Michi- RUPPERSBERGER. H.R. 2208: Ms. KAPTUR. gan, Mr. GOODE, Mr. SCHROCK, Mr. GOOD- H. Res. 355: Mr. FROST.

VerDate jul 14 2003 00:31 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A11SE7.004 H11PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, THURSDAY, SEPTEMBER 11, 2003 No. 125 Senate The Senate met at 8:30 a.m. and was appoint the Honorable JOHN E. SUNUNU, a civilian aircraft, crashing two of them into called to order by the Honorable JOHN Senator from the State of New Hampshire, the twin towers of the World Trade Center in E. SUNUNU, a Senator from the State of to perform the duties of the Chair. New York City, and a third into the Pen- New Hampshire. TED STEVENS, tagon in Arlington, Virginia; President pro tempore. Whereas the valor of the passengers and Mr. SUNUNU thereupon assumed the crew on the fourth aircraft, which crashed in PRAYER Shanksville, Pennsylvania, prevented it The Chaplain, Dr. Barry C. Black, Chair as Acting President pro tempore. from also being used as a weapon against offered the following prayer: f America; Whereas thousands were killed and injured Let us pray. RECOGNITION OF THE MAJORITY Eternal Lord God, who has blessed as a result of these attacks, including the LEADER passengers and crew of the four aircraft, this great land, September 11, 2001, workers in the World Trade Center and in changed the way so many view life, lib- The ACTING PRESIDENT pro tem- the Pentagon, rescue workers, and bystand- erty, and love. We learned that life is pore. The majority leader is recog- ers; fragile and the future must never be nized. Whereas September 11, 2001 stands as the deadliest terrorist attacks ever perpetrated taken for granted. You reminded us f that freedom is not free and that lib- against the United States; SCHEDULE Whereas by targeting symbols of American erty is a precious gift. As we remember strength and success, these attacks were in- the courage and sacrifices of the many Mr. FRIST. Mr. President, today we tended to assail the principles, values, and heroes and heroines, teach us to live will remember the second anniversary freedoms of the United States and the Amer- our lives for others. Remind us to de- of the September 11 tragedy with a se- ican people, to intimidate the Nation and all vote ourselves to causes that will live ries of moments of silence. These times who stand with us, to weaken the national beyond our years. Lead our Senators will be announced by the ringing of a resolve; and bend our will to their grotesque bell of remembrance just outside these cause; today, that they will be Your instru- Whereas in the darkest moments after the ments. Watch over our land and help us Chamber doors. attacks, American men and women dem- not to put our trust in human might In a moment, at a time that cor- onstrated extraordinary courage and com- but in the unfolding of Your loving responds with the initial attack on the passion; providence. We pray this in Your World Trade Center, the Democratic Whereas local, State, and Federal leaders strong Name. Amen. leader will join me in ringing that bell set aside differences and worked together to just off the floor. provide for those who were attacked and to f protect those who remained; PLEDGE OF ALLEGIANCE f Whereas nations around the world provided material support and moral support to the The Honorable JOHN E. SUNUNU led EXPRESSING THE SENSE OF THE United States as it recovered from the ter- the Pledge of Allegiance, as follows: SENATE ON THE SECOND ANNI- rorist attacks; Now, therefore, be it I pledge allegiance to the Flag of the VERSARY OF THE TERRORIST Resolved, That the United States Senate— United States of America, and to the Repub- ATTACKS AGAINST THE UNITED (1) recognizes September 11 as both a day lic for which it stands, one nation under God, STATES ON SEPTEMBER 11, 2001 to remember those taken so suddenly and so indivisible, with liberty and justice for all. ruthlessly, and a day for Americans to re- Mr. FRIST. Before we begin, on be- commit themselves to our great national f half of myself, the Democrat leader, purpose; APPOINTMENT OF ACTING and all of my colleagues, I send a reso- (2) extends its deepest sympathies to the PRESIDENT PRO TEMPORE lution to the desk and ask for its con- countless innocent victims of the September sideration. 11, 2001, terrorist attacks, their families, The PRESIDING OFFICER. The friends, and loved ones; clerk will please read a communication The ACTING PRESIDENT pro tem- (3) honors the heroic actions of first re- to the Senate from the President pro pore. The clerk will read the resolu- sponders, law enforcement personnel, State tion. tempore (Mr. STEVENS). and local officials, volunteers, and others The legislative clerk read the fol- The legislative clerk read as follows: who aided the innocent victims and, in so doing, bravely risked their own lives and lowing letter: A resolution (S. Res. 224) expressing the sense of the Senate on the second anniver- long-term health; U.S. SENATE, sary of the terrorist attacks against the (4) extends its deepest gratitude to the PRESIDENT PRO TEMPORE, United States on September 11, 2001: members of the Armed Forces serving both Washington, DC, September 11, 2003. at home and abroad who are defending the To the Senate: S. RES. 224 United States from future attack; Under the provisions of rule I, paragraph 3, Whereas on the morning of September 11, (5) praises the people of the United States of the Standing Rules of the Senate, I hereby 2001, terrorists hijacked and destroyed four for their patriotism, compassion, prayers,

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

S11365

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VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.000 S11PT1 S11366 CONGRESSIONAL RECORD — SENATE September 11, 2003 and generosity in donating time and money a loved one’s absence from the very September 11 attacks. Let us, again, to support the innocent victims of the Sep- special moments in life and, above all, express our deepest regrets to the fami- tember 11, 2001, terrorist attacks, their fami- the simple everyday pleasures. lies who lost loved ones. But let us also lies, friends, and loved ones; I recall the story of a woman whose (6) expresses thanks and gratitude to the hew from the pain of that horrific day, foreign leaders and citizens of all nations husband was killed in the collapse of September 11, 2001, a lasting and a bet- who have assisted and continue to stand in the World Trade Center Tower One. In ter America. solidarity with the United States against the months after September 11, she did The ACTING PRESIDENT pro tem- terrorism in the aftermath of the September what so many of us would understand— pore. The minority leader. 11, 2001, terrorist attacks; and she contemplated suicide. Mr. DASCHLE. Mr. President, last (7) reaffirms that the United States Senate She said: night, family members and friends of will honor the memory of those who lost When I lost my husband, I had no bottom, those who perished in the World Trade their lives as a result of the September 11, no basis to get up in the morning. I knew I Center held a candlelight vigil at 2001, terrorist attacks and will act to defend was going to do something terrible if I didn’t Ground Zero, creating what they called the citizens of the United States in the face define a reason. of all future challenges. a ‘‘circle of hope’’ around that hal- Now she is an advocate for other fam- lowed ground. Tonight, twin towers of There being no objection, the Senate ilies who lost loved ones in the Sep- lights will stretch once again from the proceeded to consider the resolution. tember 11 attacks. She has found not The ACTING PRESIDENT pro tem- ruins of the Trade Center up to the only new strength but she has become heavens. In a few moments, here in the pore. The majority leader. the source of strength for others. Mr. FRIST. Mr. President, today we U.S. Senate, we will observe the first of In a recent interview, she said: four moments of silence marking the honor the memory of the victims of the The best legacy for all of the people who September 11 attacks. Many Americans exact moments, 2 years ago today, that died is that something better comes out of the four hijacked airliners crashed into will bow their heads in silence. Many all of this, even with the pain. the World Trade Center, the Pentagon, will kneel before the Almighty in pray- The crumbling of the World Trade er. Others will take time from the reg- and that lonely field in Shanksville. Center’s towers into a massive cloud of Later this afternoon, a new play- ular course of their day to reflect in black dust still haunts us. The explo- their own personal way upon the ter- ground will open at Leckie Elementary sive thunder of a plane slamming into School, here in the Nation’s capital—a rible events of 2 years ago. the side of the Pentagon still haunts Regardless of how we pay tribute to memorial to three bright sixth-graders us. The image of a crater filled with from Washington, D.C. and four dis- those who perished, we all share a pro- the debris of embattled flight 93 in found sense of sadness for their fami- trict teachers—all lost when American Shanksville, PA, still haunts us. Airlines Flight 77 crashed into the Pen- lies and sincere hope that the wounds All of these, and other horrific tagon. This evening, in Mitchell, SD, of those who still hurt may heal. memories, will continue to haunt us people will gather to honor the fire- We press on—we press on—because it for decades to come. They have become fighters and other emergency workers is our nature to do so. Life is a pre- an inescapable part of our national who perished on September 11, and cious gift. As long as God wills us to conscience. But so must be the love, so have it, we have a purpose. And as long must be the charity, so must be the those who toiled in the rubble for as God wills this Nation to exist, we caring, so must be the compassion, so months after the attacks to try to have the liberty to realize that purpose must be the unity, and so must be the bring order out of chaos. In countless and make of our lives what we wish. grace that poured and continues to other ways, in communities across our Mr. President, at this time, I will ask pour from the American people in the Nation and throughout the world—in the Democratic leader to join me at aftermath of September 11. churches, parks, town halls, and in the the bell of remembrance for the first Remember the thousands of volun- privacy of their own thoughts—people moment of silence. teers who rushed into lower Manhattan will pause to remember, to mourn and The ACTING PRESIDENT pro tem- from all across America to help with to honor the victims, the survivors and pore. Under the previous order, the those rescue and recovery efforts? Re- the heroes of September 11. hour of 8:46 a.m. having arrived, the member when we gathered just several Two years later, the enormity of the Senate will observe a moment of si- yards from here on the steps of the tragedy remains nearly incomprehen- lence in honor of the victims of the Capitol to sing in unity with our col- sible. Just 3 days ago, a vial holding tragedy on September 11, 2001. leagues from the House ‘‘God bless the blood of a young Brooklyn fire- (Moment of Silence.) America’’? Remember the flood of let- fighter who died at Ground Zero was The ACTING PRESIDENT pro tem- ters and drawings schoolchildren sent placed in a coffin, along with his uni- pore. The majority leader is recog- and continue to send out of feelings form, at a Mass, making him the last nized. and out of sympathy for the victims, of the 343 firefighters killed at the Mr. FRIST. Mr. President, it is a day out of love and patriotism for their World Trade Center to receive a memo- to honor the memory of the victims of country? rial. A year ago, on the first anniver- September 11, 2001. The essence of Sep- I brought with me this picture drawn sary of September 11, the names of all tember 11 was and remains apparent to by Sara Deatherage who is a third those who died at the World Trade Cen- us all. The victims were innocent. They grader from Knoxville, TN. She wrote: ter were read aloud. It took 21⁄2 hours were simply going about their every- I chose the American Flag because I love just to recite the names. First on the day lives—working at the desk, coming America. list was Gordy Aamoth, a 32-year-old into work, answering the telephones, Those of us who have the opportunity investment banker who grew up in maybe answering an emergency call, to serve in public office received Minneapolis and always knew that he checking on the children to make sure scores, hundreds, thousands, and con- wanted to work on Wall Street. The they got off to school, traveling on tinue to receive scores, hundreds, and last name on the list belonged to Igor business, or possibly on vacation. All thousands of these signs, these signals Zukelman, a 29-year-old naturalized had families who loved them and all of patriotism. American who moved to this country had futures yet to be lived. And now Did September 11 change our lives from the Ukraine. The day he became there is emptiness, not only for those and the course of our Nation forever? an American, he called his mother and 3,000 women and men and children af- It, of course, did. It most assuredly did, told her, ‘‘You can congratulate me fected on that day but for what they and it did it in a horrific and still pain- now, I’m a citizen.’’ The terrorists of could have and would have become if ful way. But it also brought forth the September 11 meant to strike at the that event had not occurred. very best in the American people—an heart of America. Yet their crime was There is little one can do to fill the abundance of kindness, an abundance more than an attack on America. It immense void that is created by such a of caring, an abundance of compassion was an attack against humanity. Nine- loss. We can remember. We must re- that is really unparalleled in our his- ty-one nations lost citizens in the at- member. But even the fondest and tory. tack on the World Trade Center. most vivid memory is but a whisper. So let us fittingly and appropriately Today, we remember and honor all of Simply nothing—nothing—can replace honor the memory of the victims of the them.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.001 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11367 We also pray for those who were in- vented September 11. Whether that is lege, that honor, and that freedom jured, especially the many who still so or not, we ought to be absolutely were worth that sacrifice. suffer, and for the families and friends sure that our intelligence agencies are That is what they had been taught in who lost loved ones, particularly the working coordinately to do their ut- their history courses. But more impor- children who lost parents. We pray for most to prevent any recurrence. tant, that is what they had seen in ourselves and our Nation, that we may Then there is the fight against al- their common, ordinary American ex- seek justice for the victims of Sep- Qaida. I believe we are waging a suc- perience: That which we cherish so tember 11 with wisdom. And we are cessful worldwide fight in attacking al- dearly in this country is worth sac- also filled today with an abiding sense Qaida and in bringing key operatives to rifice; if, by some odd set of cir- of gratitude for the heroes of Sep- justice. I believe the time is not too far cumstances, you are placed in a posi- tember 11, especially the courageous away when we will find Osama bin tion to respond to protect that free- firefighters and other rescue workers. Laden. As President Bush said, he will dom, that you have an obligation to do In the countless acts of heroism and bring Osama bin Laden to justice or so. compassion, they inspired a stunned bring justice to Osama bin Laden. That is really remarkable. It is really and wounded nation and showed us how There is more we can do to fight ter- remarkable to think of these ordinary to go on. rorism, where Americans are still being people, as Senator FRIST said, going This morning, the sky bears an eerie killed—for example, in Israel by about their jobs, traveling on a plane, and almost disconcerting resemblance Hamas. We ought to reintensify our ef- going on a vacation, riding to work, to that cloudless blue sky on this forts to bring back the Palestinian ter- sitting in their offices answering the morning 24 months ago. Pilots have a rorists to the United States and try phone, responding to an emergency term for visibility conditions like that. them in our courts since we have an call—going about their typical Amer- They call it ‘‘severe clear.’’ In our extraterritorial jurisdiction to do so, ican lives—that within an instant they memories, we all see with severe clar- and to impose the death penalty. were able to put on the armor of de- ity the horrific images of September These are only a few of the thoughts fending this country. 11. Today and always, let us strive to which ought to be focused upon today We are a blessed nation, and the peo- remember, with equal clarity, the as we pay solemn tribute to the vic- ple who represented us that day, the many acts of sacrifice and compassion tims of September 11 and dedicate our- heroes that day, we can thankfully say we witnessed that day. Let us remem- selves to fighting terrorism and to pre- were like us. That is the great pride I ber the unshakable unity we felt as a vent any further recurrence in the fu- think all of us can take from the nation in the aftermath of that terrible ture. events of that day because they were day. Even more than that, let us re- The ACTING PRESIDENT pro tem- not any different from the rest of us, solve to continue to demonstrate that pore. The Senator from Pennsylvania. and these ordinary people did extraor- same commitment to our nation and to Mr. SANTORUM. Mr. President, I dinary things to protect us. each other as we saw that day. In that was struck when we took this moment God bless them. We thank them. way, we can defy the terrorists. We can of silence to remember the second I yield the floor. honor those we lost. And we can keep plane slamming into the World Trade The ACTING PRESIDENT pro tem- their spirits alive. Center. Thinking back to that day and pore. The Senator from Texas. The ACTING PRESIDENT pro tem- recalling the events when the first Mrs. HUTCHISON. Mr. President, I pore. The Senate will observe a mo- plane crashed, there was confusion and think the words of the two leaders of ment of silence. no one knew what was going on. No one the Senate and the two Senators from (Moment of Silence.) understood. It was an accident. Who Pennsylvania have been poignant re- The ACTING PRESIDENT pro tem- knows. But with the second plane came minders of the day, 2 years ago, that pore. The Senate will come to order. understanding. We knew this was not a rained terror on our country, and the The Senator from Pennsylvania. plane that got off course, an accident, different perspectives, just like the dif- Mr. SPECTER. Mr. President, on this but there was a stunning realization ferent perspectives all over our coun- day, 2003, September 11, we remember that the world had changed. It was that try, about that tragedy. the horrific events of September 11, second crash. This morning, the Senators who had 2001. We mourn the victims. We pray In the next half hour now, there will constituents who were most affected in with the families who lost loved ones be another moment of silence, and then their States will have priority, speak- and we focus on redoubling our efforts another roughly a half hour after that. ing on the floor of the Senate, to talk to make sure that September 11, 2001, Within that hour’s time of that realiza- about the effect on their constituents never occurs again, and to redouble our tion, America mobilized. America did and their States, so the two Senators efforts to fight terrorism. not fall back on its heels. We obviously from Pennsylvania started our day of We all recall the horrors of watching saw the response of the firefighters and remembrance in a beautiful way. those planes crash into the trade cen- the police, of the average citizen in It is one of those days that you will ters, the plane which crashed into the New York. We quickly would see that always remember where you were and Pentagon, and then the plane which reaction at the Pentagon. Then we will what you were doing. When the bell struck my State, Pennsylvania, going have forever etched in our minds the rang at 9:03, I remembered vividly that down in Shanksville, Somerset County, realization that came over the pas- I was in my office, getting ready to go a rural setting. No one will ever know sengers of flight 93 that America was into a meeting. Someone told me there for sure whether the plane which went under attack and they were in a posi- had been a plane going into one of the down in Shanksville, PA, was headed tion to do something about it. World Trade Center towers, so I turned for this Capitol. My own personal view They did not hesitate. They were or- on the television thinking it must be a is that it was, and this Capitol was dinary people, as all of the heroes of pilot in trouble, maybe a small plane, spared because of the heroic efforts of September 11 were, ordinary people maybe even a pilot in training makes a the passengers who took matters into who did not sign up to fight a war, who mistake. And as I watched the recap, I their own hands and saw to it that the did not even know until the moment saw the second plane hit the tower, and terrorists were overwhelmed and the they were pressed into service that a the realization just chilled me to the plane crashed. war was about to happen. Virtually bone because it was clear this was in- We remember those who perished and without hesitation, at the moment tended, which means, of course, that it we console, to the extent we can, the they realized that what they loved so was a terrorist. families and loved ones of those who much, so much that they without But even in that horrible moment of perished. On this day, we ought to flinching were willing to commit ev- realization, none of us ever expected focus on our responsibilities as Mem- erything—everything, to a mission for that those two towers would eventu- bers of Congress to see to it that we do which the only preparation was living ally crumble under the heat of the fire. not have a repetition of 9/11. In my in this country, was experiencing the None of us would have anticipated the view, had we put all of the dots on the freedom, was recognizing the privilege next 5 hours of horror and then, in the so-called board we might well have pre- of being in America. And that privi- thousands of hours following, what

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.005 S11PT1 S11368 CONGRESSIONAL RECORD — SENATE September 11, 2003 would happen to our country, because We cannot do it alone. The nations of States? Of course, the answer to that is in fact 9/11/2001 will forever recall the the world must join this fight. Their no. It helps to know American history worst that could happen to our country support financially and militarily is to answer the question. but, also, the best. The stories of hope critical to eradicating terrorism from Many of the Pilgrims died in the first and heroism that emerged from the our society. This is not an American winter. Soldiers walked barefooted rubble of Ground Zero, the Pentagon, war. We have led the charge, but the across the Delaware River in our Revo- and that Pennsylvania field continue cause of liberty does not benefit us lutionary War. African slaves were to serve as reminders of all that is good alone. I am committed to working with thrown into the bellies of slave ships and true in the human spirit. my colleagues and the President to get and brought in the most horrible condi- Mr. President, 9/11 evoked the pride the necessary funding up front and se- tions to this country. Those were real- and patriotism we felt as police, fire- cure contributions from other coun- ly bad things. The Civil War saw fami- fighters, and airplane passengers gave tries that benefit from the campaign to lies killing one another. Our World their lives to save countless others. It root out terrorism. Wars say millions killed. Twenty per- inspires us. It drives us. And it con- The victims of 9/11 from 86 nations cent of Americans stood in line for a tinues to guide our actions today. around the world deserve no less. job in the 1930s. Our Nation is embroiled right now in Today, as we honor the memory of When I was a boy in our hometown in a global war on terror, starting with 9/ those lost on September 11, know that eastern Tennessee, we had an airbase 11/2001. We are fighting to ensure that our Nation is indeed more secure. Our nearby with jets there to defend us no such attack is again visited on us or vulnerability was exposed, but we re- from missile attacks which could be any other nation. This war is a direct, sponded with a steely resolve that has launched by the Soviet Union, and decisive response to the attacks that made us stronger, richer, and better. those missiles could arrive in 45 min- murdered nearly 3,000 innocent people 2 We will never be the same. But the utes. years ago today. Americans we have become will be the So 9/11 wasn’t the worst thing that Our mission is clear. We must choke shining example of liberty and democ- ever happened to the U.S. It was a ter- the life out of the terrorist networks racy for all the world to see. rible, challenging thing. It was a tragic that seek to promote extremism and Thank you, Mr. President. I yield the thing, but we can recover from it. The derail democracy. We have taken the floor. fact that we have done what we have battle to the mountains of Afghani- The ACTING PRESIDENT pro tem- over the last 2 years reminds us of stan, the sand dunes of Iraq, and to pore. The Senator from Tennessee. that. Main Streets in the United States of Mr. ALEXANDER. Mr. President, the I would ask my students today: What America and abroad where terrorists terrorists who attacked us 2 years ago makes America exceptional? have burrowed in. We know we must were not only lashing out at people and I taught a course in American char- destroy them where they breed their buildings, they were attacking who we acter at Harvard University during the hatred before they ever again visit ter- are as Americans. And since that day last couple of years. I began the course ror on our homeland. we have had an extraordinary amount Today, Iraq is the central front in of attention paid in this country to by asking the student to list 100 ways that war. It is in that country where just that question. I know in my Sen- our country is exceptional. They are the enemies of freedom are making ate campaign when I said I thought it not all good. We lock up more people in their stand. They have congregated in was time to put the teaching of Amer- prison than any other country. We Iraq to thwart our efforts to bring a ican history and civics back in its have more divorces and broken fami- taste of democracy to an oppressed and rightful place in our schools so our lies. But many of the things are ex- battered people. They think they can children could grow up learning what it traordinarily good. That has been rec- shake the will of the civilized world. is to be an American, people responded ognized all throughout our history. They are mistaken. Once again they to that. There was a hunger for think- One of the greatest—perhaps the have underestimated the American ing more about what makes this coun- greatest—is the fact that we have people and our allies. try special. Why were we attacked? taken all of this variety and diversity Last month, I visited with our men What were the terrorists attacking? and turned it into one country. No and women in uniform who are on the There are many ways to remind our- other country is able to do that. Diver- front lines in Iraq and Afghanistan. selves of what it means to be an Amer- sity is magnificent. But Jerusalem is Day in and day out, they battle the en- ican. One way is discussions like this. diverse. What is different about the emies of freedom. Danger lurks around One is the speeches of our President, United States of America is that we every corner, but for every ambush and who has done a beautiful job of that. have united all of that diversity into every threat they face, they also see But another way is our schools. one country. the liberty that is beginning to take The late Albert Shanker, president of That needs to be taught as well. root. They see the hope they are bring- the American Federation of Teachers, I would ask my students: Why is it if ing to the Iraqi people. once was asked: What is the rationale you move to Japan or France, you can- Our soldiers are committed, deter- for a public school? Mr. Shanker’s an- not become Japanese or French; but if mined, and proud. Our country has swer was that public schools were cre- you come to the United States and called them to duty, and they have ated—the common school—to teach the want to be a citizen you have to be- bravely answered the call. And they three R’s, and what it means to be an come an American? It is because our know their daily sacrifices are helping American to immigrant children with identity is not based on our race or to build a safer world and a safer Amer- the hope they would go home and teach ethnicity or religion or background. ica—an America that is free of tyrants their parents. The historian, Richard Hofstadter, and terrorists. They deserve our un- Earlier this year, this body, by a vote wrote: ‘‘It is our fate as a nation not to wavering support. of 90 to 0, passed a piece of legislation have ideologies, but to be one.’’ As Congress contemplates the cost of to create Presidential academies for I would ask our students: What are our efforts on the war on terror, we teachers and students of American his- the principles that unite us as a coun- must not be shortsighted. The financial tory and civics. I know that across try? If it is not our race, and if it is not cost of 9/11 has been estimated at a America last night there were thou- our religion, what is it? E pluribus staggering $300 billion. But that pales sands of teachers who were thinking unum, equal opportunity and liberty in comparison to the immeasurable about this morning and what would usually comes first; individualism, rule toll of human lives lost that day. This they say to their students today about of law, free exercise of religion, no war, our just response to 9/11, has not what happened 2 years ago. state church, laissez faire, and a belief and will not be fought on a shoestring If I were teaching today in school in in progress. budget. Failure is not an option. Suc- America, these are four or five of the Someone needs to teach these prin- cess in rebuilding Iraq and Afghanistan questions that I would ask my stu- ciples. Our schools can do it. is essential to eliminate terrorism and dents. We agree on these principles. the threat it poses to our freedom and I would ask them: Is 9/11 the worst I would ask our students: Why, if you our way of life. thing that ever happened to the United were watching CSPAN last night, were

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.007 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11369 Senators arguing so much with each then to end the threat of terrorism I said: other? Why wasn’t it unanimous? wherever it is found. This is indeed the most tragic hour in It is because most of our politics is We will all continue to remember American history, and yet I think it can be about applying principles we agree on September 11 in our own way. Some its finest hour, as our President and those in ways that conflict. We believe, for will join family and friends at public with him, most notably our Secretary of De- example, in God we trust. But on the memorials to pray for peace. Others fense, our Chairman, and the men and other hand, we don’t trust government will honor this day by remembering it women of the Armed Forces all over the in the silence of their hearts. However world stand ready not only to defend this Na- with God. We have an argument when tion and our allies against further attack we put Federal money into faith-based we remember this fateful day, we will but to take such actions as directed in the institutions. never forget the lessons learned and future in retaliation for this terrorist act—a I would suggest that the schools their terrible cost. For me, it was the series of terrorist acts, unprecedented in across America might consider an idea realization that we are truly one na- world history. called ‘‘Pledge Plus Three.’’ Why not tion, under God, indivisible, and that We call upon the entire world to step up start each school day with the Pledge we must remain so in the face of any and help, because terrorism is a common of Allegiance, as we do in the Senate, threat to ensure our country remains enemy to all, and we’re in it all together. The United States has borne the brunt, but followed by a teacher or student shar- strong, united, and free. I yield the floor and suggest the ab- who can be next? Step forward and let us ing for 3 minutes their own idea about hold accountable and punish those who have what it means to be an American? sence of a quorum. perpetrated this attack. The ACTING PRESIDENT pro tem- In the course I taught at Harvard, I believe those words have proven to the student who best understood Amer- pore. The clerk will call the roll. The assistant legislative clerk pro- be true. Certainly great leadership ican identity was the student from the from our President and the men and Ukraine. She had the best idea about ceeded to call the roll. Mr. WARNER. Mr. President, I ask women of the Armed Forces, indeed, what it meant to be an American. unanimous consent that the order for the world, has gathered to join us on Finally, I would invite those students the quorum call be rescinded. the battlefields of Afghanistan, where I in my class today to go with me down The ACTING PRESIDENT pro tem- and many Members have visited, as to the Federal courthouse—say in pore. Without objection, it is so or- well as the battlefields of Iraq where Nashville, but it could be in any city in dered. just weeks ago I accompanied Members America where there is a Federal Mr. WARNER. Mr. President, there of this Chamber to be with our men court—and watch, as I did 2 years ago, are moments in our lives in the Senate and women of the Armed Forces. 77 students from all over the world that we shall never forget. This morn- Our Nation stands tall. It has been raise their right hand and take the ing is one I am privileged to share with and will continue to be our finest hour. Oath of Allegiance to the United my beloved colleagues in this Chamber Now, Mr. President, we observe a mo- States. It is quite a weighty thing to on both sides of the aisle a few mo- ment of silence in reverence for those see them say that they ‘‘absolutely and ments to draw from our hearts and men and women, civilian and military, entirely renounce and abjure all alle- from our memory and reflect upon Sep- who lost their lives at the Department giance and fidelity to any foreign tember 11, 2 years ago. of Defense in the Commonwealth of prince, potentate, state, or sov- We were here that day, prepared to Virginia. ereignty.’’ That is the first part of the go into our regular routine, when we The ACTING PRESIDENT pro tem- oath. were told to evacuate. We did that in pore. Under the previous order, the It reminds us who we are as Ameri- an orderly and calm way. Wherever we hour of 9:38 a.m. having arrived, the cans. could gather, we tried to follow the sit- Senate will observe a moment of si- September 11 was a tragic day, but it uation as best we could. lence in honor of the victims of the brought out the best in us. One of the Several hours later, after the plane tragedy on September 11, 2001. great lessons is that it helps us remem- had crashed into the Department of De- (Moment of Silence.) ber to teach one another what is excep- fense, I called the Secretary of Defense. The ACTING PRESIDENT pro tem- tional about our country, and what it I spent over 5 years of my life in that pore. The Senate will come to order. means to be an American. building. I wanted to come over and Mr. WARNER. Mr. President, may I Thank you. join him and the men and women in at this time yield the floor to my dis- The ACTING PRESIDENT pro tem- uniform of our country to do what lit- tinguished colleague, Senator ALLEN. pore. The Senator from Wyoming. tle I might be able to do to bring about Mr. LAUTENBERG. Mr. President, I Mr. ENZI. Mr. President, today we a reassurance not only to those on site call attention to the fact that I have mark the second anniversary of one of at the Pentagon but around the world. been on the floor waiting. I will follow the darkest days in our Nation’s his- I did that, joining the Secretary and the instructions of the Chair. tory from the initial attack on the then-Chairman of the Joint Chiefs, The ACTING PRESIDENT pro tem- Twin Towers and the Pentagon, to the General Shelton, in the command and pore. The Chair recognizes the Senator forced plane crash in Pennsylvania. control center deep into the basement from Virginia had the floor. Each moment of September 11, 2001, is of the Pentagon. We talked to the Mr. ALLEN. Mr. President, I thank forever etched on our minds. President on two occasions. I remem- my colleague from Virginia, Senator Although our wounds are still too ber so well he had a firm hand on the WARNER, for yielding. fresh for us to view the date from the situation, as did those in the Depart- I wish to share my views, my senti- perspective of history, the last 2 years ment of Defense. ments 2 years after these events. The have given it a certain distance. We observed firemen, policemen, Red fact is, we are 2 years exactly to the When terrorists attacked the sym- Cross workers and all doing the best minute after American Airlines flight bols of our Nation’s unity and strength, they could to remove the bodies and 77 crashed into the Pentagon. they failed to realize that they are just care for the wounded. Military and ci- I keep the remembrance with me of symbols of our strengths. The real vilian alike in that building showed ex- Captain Chic Burlingame, who was the strength of our Nation comes from our traordinary heroism that day. I was captain, who fought the terrorists on people—not our buildings. By attack- deeply humbled to stand there and ob- that plane. I think of him. I think of ing us on our own soil, they served not serve that. the passengers. One of the passengers to weaken but to strengthen our re- Later, the Secretary and the Chair- was the father of a young boy who solve that this and other acts of terror man of the JCS went in to address a lived in our neighborhood and played would not stand, and we would answer very large gathering of press. As they with our kids. with great and awesome strength. concluded their remarks, they invited This is a tragic and vile act that hit On this September 11, 2 years after, me to say a word. I had nothing pre- the World Trade Center, that hit Vir- we remember those who died on those pared but simply spoke from the heart. ginia at the Pentagon, 2 years ago to three battlefields, as well as the brave As I go back over the written text of this moment. Also, at this very time, soldiers from Wyoming and across the what I said, I am reminded of how this there was another plane coming from Nation who have given their lives since has come true. the north that was undoubtedly going

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.011 S11PT1 S11370 CONGRESSIONAL RECORD — SENATE September 11, 2003 to be hitting either this Capitol Build- That is what those firefighters and Let us therefore rely upon the goodness of ing right here, maybe the CIA, maybe rescue personnel were doing in New the Cause, and the aid of the supreme Being, the White House, and there was great York City in those Twin Towers. That in whose hands Victory is; to animate and bravery on that plane to avert further is why there is an appreciation for encourage us to great and noble actions. loss of life. those wonderful people whom we salute We saw great and noble actions on I heard my good colleague, Senator and remember today and forever with September 11, 2001, and we have seen WARNER, who has had such a life expe- their bravery. Those acts of heroism great and noble actions over the past rience in a variety of conflicts, and ev- are always on our minds. two years. eryone was talking about, How does We have made our country more se- We must be mindful, appreciative, this fit into history? When he says this cure. We are taking the war to the ter- and grateful for those patriots who lost is a moment, dire moment in our his- rorists abroad. We still have work to their lives on September 11, 2001, and tory, it means a great deal. It struck do. We have to persevere in many ways we must be equally grateful and appre- us all that this was like Pearl Harbor; in securing and sustaining our country. ciative for those who are serving us and it was. Pearl Harbor brought the We have also seen in the days fol- now. So I thank my colleague, Senator United States into World War II. The lowing September 11, 2001, a redefini- WARNER, for his sage and steady ad- attacks on New York City, on the tion of this country and a respect for vice. We have worked together. This is World Trade Center, on the Pentagon what makes this country great while a day that actually brings all Ameri- in Virginia brought the United States we also track down the terrorists. cans together, regardless of which re- of America into the War on Terrorism. We also are a compassionate country, gion, which State, or which political We reflect back on these fresh memo- caring for the families who lost loved party you come from, in remembering ries, but it has been a long 2 years. We ones in these tragic attacks. Here on what is good and wholesome about this reflect back on the bravery, on the cou- the Senate floor, Louise Kurtz is an in- country and uniting us for the benefit rageousness, and on what has tran- dividual whom I have brought up. Sen- ator WARNER brought up those working of the people. spired. We work to make sure we are As we remember those whom we lost more secure here at home as well as at the Pentagon. Louise Kurtz is a woman from the on September 11, I urge my colleagues abroad. Fredricksburg area of Virginia. She to join me in saluting those heroes, the If you look at the legislation we have was severely burned. Her ears were family members, and the survivors who passed in this body for the last 2 years, burned off. Most of her fingers were remain. And let us be encouraged, as on issue after issue, we have worked to burned off. Last year at this time we was President Washington, to higher make Americans more secure, whether were at the Phoenix Project of the re- goals, ‘‘to animate and encourage us to it is port security, whether it is secur- building of the Pentagon. She was great and noble actions.’’ ing greater communications in the DC there. She is recuperating. She wants Let’s be encouraged to those greater area, with the Northern Virginia com- to get back to work. Because of Fed- actions because we will always remem- munities and Maryland and DC work- eral laws, though, she gets diminished ber, and we will always stand strong ing together so the first responders retirement benefits. for freedom. Because together we must have better communication, as they So working with Kay James at the make sure liberty and justice not only position themselves in a situation that Office of Personnel Management, we endure but prevail. hopefully will never occur again, such crafted a bill last year. The Senate I thank you, Mr. President, and yield as at the Pentagon. passed it. The House didn’t take it up. the floor. We worry about procurement matters We passed it again this year, with the The ACTING PRESIDENT pro tem- and making sure the technologies that help of my colleague, Senator WARNER, pore. The senior Senator from Virginia. are available in the private sector are and particularly Senator COLLINS of Mr. WARNER. Mr. President, I thank made available and utilized by our Fed- Maine. We passed it again, and I am my distinguished colleague. How privi- eral and State and local agencies to happy to say, finally, the House took it leged, how humble we are to stand here analyze the volumes of data. up yesterday and passed that bill to in these 200-plus years of this Senate, We care about our port security. We help out folks like Louise Kurtz and and to be here on behalf of the people care about our pilots. We care about others who are serving our country. If of the Commonwealth of Virginia. It is our airports, Metro, and so forth. All of they are injured in the line of duty, a great privilege. those things do matter. while they are recuperating they I thank my colleague and I yield the Indeed, in this war we, of course, ap- should not have their retirement bene- floor. preciate things we once took for grant- fits diminished. I am hopeful some The ACTING PRESIDENT pro tem- ed on September 10, 2001, the concepts time today this measure will get to the pore. The Senator from New Jersey. that have propelled this country, of in- President’s desk, to get it finally acted Mr. LAUTENBERG. Mr. President, I dividual rights, of life, of a strong na- upon in a way that, on the second anni- commend my colleagues from Virginia tional defense to meet the ever-chang- versary, those brave civilians will be for their comments and for the recall ing dangerous world threats. properly treated. of their memories regarding that ter- We have appreciated them now more More importantly, the thing that has rible day. than ever. And it is not just in New really inspired, I think, all Americans Today we commemorate the second York City and in this area, but every- is the great American spirit that has anniversary of the terrorist attacks we where. You can be in Independence, guided our Nation through this time of now refer to as 9/11. It is a day heavy VA, you can be in Jackson, WY, you terror and tragedy. We now, of course, with sadness for me personally. Before can be in Sioux City, IA, and you know are so appreciative of the men and I became a Senator, I was a commis- people appreciate the firefighters, vol- women in uniform who are in dan- sioner on the Port Authority of New unteer firefighters, rescue squad peo- gerous, precarious places in Iraq and York and New Jersey, and had offices ple, because of the inspiration of those Afghanistan taking the war for our se- on the 67th floor in the Trade Tower. not just at the Pentagon but particu- curity to the terrorists overseas. The Port Authority lost 84 of its people larly the thousands who went in to We are grateful for those who are ac- on 9/11, including 37 brave police offi- save thousands of lives in New York tive, those who are in the Guard, those cers who gave their lives as they tried City. who are in the Reserve, and their fami- to save the lives of others. In fact, you see the letters ‘‘NYPD’’ lies and their employers back here at Fifty-one of those Port Authority or ‘‘NYFD,’’ and that means something home, who are all patriots, as they employees lived in the State of New to everyone, no matter where you are send their sons and their daughters Jersey. I knew many Port Authority in the country, for those courageous abroad to protect us. employees and others who died on this acts. One of Virginia’s most prominent date 2 years ago. And I know many It does remind me of what the Bible sons, George Washington, our Nation’s more families who lost a loved one. One tells us, that: first President, knew the strength of of my oldest daughter’s dearest friends Greater love hath no man than this, that America’s spirit and ordered his Army perished that day. They had worked to- he would lay down his life for his friends. to be encouraged by saying: gether on Wall Street before she went

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.014 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11371 to Cantor Fitzgerald. That firm lost The results of that shock are plainly the pain and look beyond the smoke, nearly 700 people out of the 1,000 who visible. Terrorism has scarred Amer- rubble, and grief to rebuild—rebuild worked for it on the morning of 9/11. ica—permanently. People are mourn- something that is stronger than what The husband of my daughter’s friend ing their loved ones, and they will do went before. searched hospitals for 3 weeks looking that for the rest of their lives. We en- We will defend ourselves, our coun- for a sign that perhaps his wife had es- dure long lines at the airports. Wash- try, and our liberties—the things that caped death in that terrible calamity. ington looks like a fortress. Our civil terrorists despise. Despite the difficul- Because of its proximity to New liberties have taken a beating reminis- ties, despite the casualties, despite the York, my home State of New Jersey cent of the Palmer Raids after World setbacks that we will suffer, this war suffered catastrophically. Of the 3,025 War I, Japanese-American internment against terrorism must be fought and innocent people who lost their lives on during World War II, and McCarthyism is worth the fight. 9/11, nearly a quarter of them—700 in during the Cold War. And tens of thou- Even though he wrote in an earlier all—came from my home State. sands of our young men and women are age, the poet Archibald MacLeish Thirty-seven of them came from a in harm’s way in Iraq and Afghanistan. summed up what is at stake when he single town, Middletown, NJ. Yester- Mr. President, 9/11 shocked us into said: day, a 2-acre memorial garden next to learning that our ‘‘invincibility’’ had There are those who will say that the lib- the train station was dedicated in a been pierced. We crave the sense of se- eration of humanity, the freedom of man and private ceremony for the victims’ fami- curity we enjoyed before 9/11, but deep mind, is nothing but a dream. They are lies. down we know we are not likely to get right. It is the American dream. The author Gail Sheehy just pub- it back soon. America is the last, best hope for lished a book entitled ‘‘Middletown, We now know to take our security mankind. That is the dream. It is up to America: One Town’s Passage from more seriously. There are terrorists all of us to make sure it is not an illu- Trauma to Hope.’’ For the past 2 years, who glory in the maiming and killing sion. This is the best way to honor the she has followed the lives of survivors of innocent men, women, and children. memory of those who perished 2 years and widows, of parents who lost chil- They hate everything about us—our ago and assuage the grief we feel when dren and children who lost parents. She families, our country, our way of life— we reflect on that terrible day. has spoken with the town’s religious so much that they would deprive their I yield the floor. leaders, with mental health profes- own families of their presence as a be- The ACTING PRESIDENT pro tem- sionals, and others in the community. I loved son, brother, or father, so they pore. The Senator from Texas is recog- have not had a chance yet to read her can act on their murderous desire. nized. book, but it is described as a wonderful 9/11 shattered illusions we had about Mr. CORNYN. Mr. President, I know testament to individual acts of heroism our safety. But being stripped of our il- we have a moment of silence to be ob- and kindness and to the courage and lusions, we have the opportunity now served at 10:06. I will make a few re- hope and resilience of people who have to forge ahead truly knowing that the marks preceding that and, if necessary, suffered a terrible loss and grieve but war against terrorism will be long and I will complete those following the mo- who, somehow, are soldiering on. tough. We have the opportunity now to ment of silence. As we remember 9/11, we remember forge ahead truly knowing that the Mr. President, I wish to say a few people such as Fire Department Chap- struggle here at home to preserve our words to supplement the eloquent com- lain Mychal Judge, who was killed by civil liberties, the very things we are ments made by the Senator from New falling debris in the lobby of Tower 1. defending, will be a challenge. Jersey, the two Senators from Vir- Father Judge was the first official cas- For the better part of the last cen- ginia, and the others who have spoken ualty at the World Trade Center and tury, we fought against fascism and to- today on the second anniversary of the one of 343 New York City Fire Depart- talitarianism. I had the privilege of tragedy of September 11. ment casualties. serving in Europe during World War II. I was not serving here in Washington We remember people such as a fellow I was so young that I didn’t understand at that time, as many were, but as named Abe Zelmanowitz, a computer the big picture. But I understood very were so many Americans, I was at programmer who might have been able clearly my obligation and my role. home in Texas preparing for work when to escape from the 27th floor of the When the Berlin Wall came down and I heard the terrible news and then saw north tower, where he worked for Blue the Soviet Union was dissolved, many the terrible images—the clouds of Cross/Blue Shield, but he refused to Americans thought the conflict was flame from a plane that ripped a hole abandon his friend, Ed Beyea, a quad- over; they thought we had won. That in the bright, blue sky and took down riplegic confined to a wheelchair, who was an illusion. The conflict is not the World Trade Center in New York. I could not make it down the stairs. Abe over. It has simply shifted to a new will never forget that site as long as I stood by his side until the end came. front. live, nor should any of us forget it. We remember people such as Todd We now know we are fighting a new I know many of my friends and col- Beamer, , and Jeremy enemy—an utterly ruthless enemy— leagues who were here on that horrific Glick, and the other passengers and that wants to make our home front the day feel a very deep and personal debt crew of United Flight 93, who crashed front lines, an enemy that deliberately to the heroes of September 11, particu- their airplane in a field near targets noncombatants, and an enemy larly those on Flight 93. As was noted, Shanksville, PA, rather than allow the that has absolutely no sense of pro- the brave passengers on that flight did hijackers to crash it in Washington— priety or decency while it wages war more than just save the lives of their perhaps into this very building where against innocent people. fellow citizens. Absent their coura- we now stand. It is important to fight this enemy geous sacrifice, it is likely that Flight So 9/11 revealed the very best in peo- without any illusions if we want to 93 would have reached its final destina- ple. But, of course, we have to remem- win. That means no premature declara- tion in this very building, an attack ber what caused it also. And that re- tion of ‘‘mission accomplished.’’ That that would have virtually eliminated veals the very worst in people—19 of means a full accounting of what the an entire branch of the United States whom had the insane belief that their cost of the war is going to be. That Government. suicidal/homicide actions would send means an honest acknowledgment of Even as we dedicate ourselves to them straight to paradise. the limits of our power and the humil- fighting terror at home and abroad, Mr. President, 9/11 did more than ity to enlist our allies in our cause. even as we hope and pray that the trag- that; 9/11 shocked us to our very core. What we experienced on 9/11 is a per- edy of September 11 will not be re- We suffered terrorist attacks before 9/ manent wound on our society. People peated, we must always remain con- 11, including one on the World Trade struggling to face the future will never scious of our oath as Senators, as rep- Center itself. But not since Pearl Har- stop mourning the past. Our daily lives resentatives of the people, to support bor has the collective psyche of our have been forever altered. But we are and defend the Constitution and laws country been so shocked out of its survivors. It takes courage to survive. of the United States, and make sure complacency. Armed with that courage, we endure the Constitution has representatives

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.017 S11PT1 S11372 CONGRESSIONAL RECORD — SENATE September 11, 2003 here arguing for laws and appropria- remarks to do so. But I will say before want to be guilty of presumption to tions and defense that is needed on be- then that I believe now that the task lecture to the American people about half of the American people. falls to us at this moment in history to what they ought to reflect upon as we In the aftermath of September 11, it continue making sure that others may all remember this attack upon our Na- is clear that our current system of pro- enjoy the blessings of liberty that we tion that today is 2 years old. viding for the continuity of our Gov- in this country even on occasion take We are going to talk about it tonight ernment in the event of a disaster is in- for granted. at our dinner table. I have three chil- adequate to address the reality of a The ACTING PRESIDENT pro tem- dren. We are going to spend a few min- post–9/11 world. As unthinkable as an- pore. Under the previous order, the utes—which is about all that young other attack of that magnitude might hour of 10:06 a.m. having arrived, the children spend thinking about any- seem, we in this branch must be ready Senate will observe a moment of si- thing, I guess—talking about this. I for the worst. We must provide for the lence. think it is important, and I thought stable continuance and function of (Moment of silence.) maybe what I could do and would be Government, despite all possible ca- The ACTING PRESIDENT pro tem- appropriate to do is to share what our lamities. pore. The Senator from Texas. family is going to talk about tonight, Even if we in this body fall, we Mr. CORNYN. Mr. President, in Af- at least if the dad in that family has should not leave our Nation’s citizens ghanistan, in Iraq, and in our own anything to say about it. without representation, without order, streets and cities, we must labor on I think this is a good opportunity for without defense. We owe it to the undeterred, always confident in pursuit us to reflect upon what a nation is and American people to ensure that our of our ultimate goal. We seek not what America is as a nation. We are Government remains strong, even in domination, not occupation; we seek a not just a place where 250 million peo- the face of disaster. just, free, and peaceful world for our- ple happen to live together. We are not Two years ago, our Nation was at- selves, for our allies, and for future like a big apartment complex, where tacked by evil men who wanted to generations, no matter where they may the only thing people have in common leave us weak, vulnerable, and divided. be found on this planet. is the proximity of their living ar- Instead, they saw a world strong, de- The passengers on Flight 93 were ev- rangements. Any nation, especially termined, and united. They gravely un- eryday Americans, men and women America, which, as rich as we are in derestimated America’s resolve. Amer- with jobs, with families and dreams. cultural and ethnic diversity and dif- ica will never surrender to tyrants or Like all of us, they made promises to ferent traditions that have added to terrorists. We will not cut and run in their loved ones before they boarded our national life, is also a nation that the face of danger. that plane; perhaps promises of vaca- is held together by some common be- Instead, we are taking the fight to tions and baseball games, of presents liefs. We don’t have a monarchy here, freedom’s enemies, fighting in Afghani- and anniversaries, birthdays—small thank God. We don’t have an estab- stan and Iraq and wherever else nec- promises and big ones. lished religion that defines us as a na- essary so that terrorists can no longer We know that some promises don’t tion. We do have a commitment to cer- export their evil to our streets or those come cheap. Some cost us nothing. tain shared values, certain tran- of our allies. Many challenges lie Others require that we risk all, even scendent codes about how people ahead, but now is not the time to stop our very lives. should live in a decent and civilized or show a lack of confidence or resolve. The crash site of Flight 93 in the country. While we mourn our dead and wound- quiet hills of Pennsylvania is filled Those codes have a claim, by com- ed in the war on terror, we must re- with memories of the promises those mon recognition, on our actions. Each main dedicated to finishing the job in heroes made and will, sadly, never of us, even if we don’t realize it, makes Iraq and Afghanistan and wherever ter- keep. But we have made a promise that hundreds of decisions every day in re- rorists or their allies spread their doc- we are dutybound to keep—we, the liv- sponse to those shared beliefs. Maybe trine of hate. Here at home, we must ing—a promise to the Nation we love at the core of those beliefs is a common support our brave men and women in and to all our countrymen and to the recognition on the part of the people of uniform who put their lives on the line loved ones these heroes left behind: a this country that human beings have every day for the cause of security and promise that says the story of freedom an inherent dignity. As the Framers of freedom. will not end here in the violent acts of the Declaration of Independence said: Two years later, it is clearer now evil men. It will persist, it will endure, They are endowed by their Creator how the world grew so much smaller on and it will not be destroyed. with certain inalienable rights. September 11. We can no longer allow Those of us left behind must fulfill for the evildoers to plot and scheme in that promise. We must prepare for all Inalienable means you can’t give it nations on the other side of the globe. contingencies as we continue to hunt away, you can’t sell it, and it can’t be We cannot wait to be attacked again. the agents of terror and dedicate our- taken from you. The rights to life, lib- We cannot allow for another tragedy. selves, once again, to ensuring that the erty, and the pursuit of happiness—we We must hunt down the enemies of promise of freedom shall not perish are equal in the possession and the en- freedom wherever we find them, or we from this Earth. joyment of these rights. Pursuit of risk the spilling of blood again on our I thank the Chair, and I yield the happiness is just the right to partici- own soil. Like the passengers on Flight floor. I suggest the absence of a pate in an orderly fashion in the insti- 93, we must not sit back and allow our quorum. tutions of private, social, and economic destiny to be determined by freedom’s The ACTING PRESIDENT pro tem- life, and in the political activities of enemies. No, we must take the fight to pore. The clerk will call the roll. the day. them. The minions of terror have The assistant legislative clerk pro- One thing Americans recognize is shown their capability for inhumanity, ceeded to call the roll. that we as a people, and indeed people and we cannot underestimate their de- Mr. TALENT. Mr. President, I ask all over the world, are, by virtue of our sire to do so again. unanimous consent that the order for humanity, in possession of these rights In July, Prime Minister Blair, speak- the quorum call be rescinded. and they cannot be taken away. ing before a joint meeting of Congress, The ACTING PRESIDENT pro tem- I believe very strongly that we were reminded us of our duty as a powerful pore. Without objection, it is so or- attacked 2 years ago precisely because nation to take great care regarding dered. that is what we believe. It was an at- what kind of world we leave for our Mr. TALENT. Mr. President, I really tack upon this common heritage and children. I believe that task falls to us do appreciate the opportunity to come because we stand for that in this world. at this moment in history to continue this morning and say a few words about It is because we stand for that, that spreading the blessings of liberty. this momentous event that is in the hundreds of millions of people around Mr. President, I understand in 1 minds and hearts of every American the world look to this Nation as a bea- minute we will observe a moment of si- today. I thought rather a lot about con of hope—what Lincoln called the lence, and certainly I will pause in my what I ought to say. I certainly do not last and best hope of all mankind. I

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.019 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11373 certainly agree with that, in the sec- business or trade or jobs, it has af- Today we pause to remember these ular sense of it anyway. That is the fected it a lot. Almost everybody’s job men, women, and children and honor reason we were attacked. has been affected to some degree, if you their lives—the mothers and fathers, I want our family tonight to reflect stop to think about it. The computer the sons and daughters. I recall some- upon three things. First, I want us to system is different because you or your thing that was said shortly after the take satisfaction as Americans—and I employer may be cooperating with attacks by Fred Cranford, of Drexel, hope all Americans will take satisfac- Federal authorities in some way, or NC. He and his wife lost their 32-year- tion—in what we as a nation have tightening up security. old son, LCDR Eric Cranford, at the achieved in the war against terrorism There are just all kinds of ways in Pentagon. Yet even in the midst of a this last year. We are safer than we which our lives are different. There is a grief most of us cannot even imagine, were 2 years ago—not in the sense that sense in which we are all fighting this. Fred Cranford said: Even out of evil, attack is impossible; that is not true. But I want us to think about the sac- God can bring good things. But in the sense that it is less likely to rifices of the people on the front line Two years ago, the very personifica- succeed than it was 2 years ago. That is and especially to reflect upon those tion of evil sought to tear us apart, but because of the resolution of the Amer- who gave the ultimate sacrifice, those today the United States stands strong, ican people which has motivated this who gave everything they had to give: dedicated, committed, and more than Congress, in a bipartisan way, and the the firefighters who fell in the towers, ever we are a nation united against ter- President of the United States to con- the men and women who have given rorism. duct this war against terrorism with their lives in the battle against ter- We are the most powerful country on vigor. rorism in Afghanistan and now in Iraq. the face of the Earth, but 2 years ago We have put thousands of these ter- I often—not often, but too often, I our lives changed forever. September 11 rorists in places where they cannot guess, in the sense it happens too and its aftermath have demonstrated hurt us and our families anymore. We much—have occasion to communicate that America cannot ignore events in have built a great international coali- with somebody from Missouri who has far-flung places such as Afghanistan tion, in which we are at the center, lost a loved one in that struggle. I and Iraq. We can and must act when that is every hour of every day orga- think a lot about what to say to them. our security is threatened. Our leader- nizing its intelligence and its police In a sense, there is no way in which ship was decisive and our leadership forces with the utmost vigor to track words can possibly begin to assuage the will continue to be necessary as the these people down and put them away. grief they feel. But one of the things I war on terror proceeds. We have taken the fight to the enemy do try to remind them is to take com- This Nation dedicated itself to win- in Afghanistan and now in Iraq, where fort from what this sacrifice of their ning the global war on terror. We must our men and women are heroically de- loved one says about the things their remain dedicated. And that means con- fending this Nation. loved one held dear. These men and tinuing to work with the international It is hard to plan an attack on us women who have died in this fight community to help the Iraqi citizens here at home when you never know knew when they went into it that they stabilize their country and establish when the 101st Airborne may be de- were putting their lives on the line. I their government. scending on you in Iraq or the FBI may am not saying they talk about it all Recently, in an editorial in the Wash- be descending on one of your cells or the time. I don’t think they do. They ington Post, Ambassador Paul Bremer one of our Allied Nations with our po- are not the kind of people who wear outlined a clear and well-defined lice forces may be chasing you around their feelings on their sleeves. But they course of action in Iraq. As he noted, the corner. know why they are doing what they are there will be bumps along the way, but I want us as a nation, and we will as doing. They know the risks. They know it is critical for us to stay the course— a family, to resolve to continue this the potential cost. And they know, and stay the course. One particular para- fight until we win. I believe we are win- have resolved in their hearts, why it is graph stood out to me, and his poign- ning. I believe we will win. I do not be- worth it. ant words bear repeating: In conclusion, I hope that those who lieve this Nation is going to quit. are close to those who died—and, in- Gone are Saddam Hussein’s torture cham- We are going to have our squabbles bers. Gone are his mass killings and rape deed, all of us—will reflect today that about how we ought to conduct it. rooms. And gone is his threat to America the sacrifice of those who have fallen is Other people are going to look at us and the international community. a measure of the love they have for and wonder how we can continue with As we go forward, it is this that we their families and the value they place all this in-fighting. There are many should keep in mind. Certainly the op- on the freedom of their country. eration in Iraq is proving to be a dan- people around the world who consider I yield the floor. us to be, as Winston Churchill quoted The ACTING PRESIDENT pro tem- gerous and more grinding conflict. The somebody referring to us, as ‘‘a numer- pore. The Senator from North Carolina. President addressed the fact candidly ous, remote, and talkative people.’’ Mrs. DOLE. Mr. President, today we and resolutely in his address to the Na- We certainly are numerous, some- remember the thousands of people who tion Sunday night. But eliminating times we are remote, and we are often so tragically lost their lives in the Sep- terror is more than removing the lead- talkative. But no one should mistake tember 11 attacks. It was just 2 years ers of an evil regime from power. Ter- the resolve of every American, and ago today that terrorists launched an rorism must be torn out by its roots, every Member of this body, to continue assault on America and everything she ensuring that there is no toehold for this fight until the end, until we re- stands for—her freedom, her liberty, its sponsors to reestablish their violent move the shadow of this tyranny, this her democracy. Our hearts were bro- ways. ruthlessness, and this evil not just ken, our lives were ever changed and More than words, more than negotia- from this country but from the lives of left with the jarring memories of that tions, the President’s supplemental everybody around the world who loves day, those moments which seemed to spending request sent an unmistakable freedom. last through eternity. We will never signal to these sponsors of terror, to The third thing I want our family to forget. the liberated Iraqi citizens, and to the do, and I hope America will do, is re- Because these tragedies, those cen- world that the United States of Amer- flect on the sacrifice of those who are tered in New York, Pennsylvania, the ica is staying the course. Attacks on fighting this war on the front line. Pentagon, touched the hearts of each United States troops and other targets There is a sense in which we are all and every American across the coun- in Iraq are aimed at undermining the fighting this war. I was asked by the try, together we mourn. In our collec- efforts of democracy. But these will press a couple of days ago how it has tive grief we became the embodiment not cause us to shy away from our affected the lives of people on a day-to- of an American family, from New York commitment because we know that day basis. I said, you know, in your to California to Mississippi to my failure to follow through in our mis- personal lives it has, to some extent, home State of North Carolina, where sion could leave a lethal void, a void every time we go into a Federal build- we struggled to come to grips with the that would rapidly be filled by terror ing or fly on an airline. But in people’s deaths of several of our own. and its supporters.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.022 S11PT1 S11374 CONGRESSIONAL RECORD — SENATE September 11, 2003 A routine criticism, even from the tience or a lack of resources. The war terrorists before they attack us. It re- start of actions in Iraq, is that inad- against terror continues in Afghani- quires good intelligence and coopera- equate resources were dedicated to the stan and Iraq, and it will require a sus- tion from our friends and allies from Iraqi theater. The supplemental re- tained commitment of time and re- around the world. And immediately quested by the President not only gives sources similar to our commitment in after the terrorist attacks of Sep- our men and women in uniform the re- rebuilding Germany and Japan after tember 11, many nations pledged such sources they need to succeed in their World War II—a commitment that re- cooperation and actively supported our mission in Iraq and in Afghanistan and sulted in the hard lessons learned after actions in Afghanistan. elsewhere in the war on terror, it also World War I. For example, President Chirac of targets funds to help build safe, stable, This effort will be difficult and cost- France was the first head-of-state to and self-governing societies in nations ly, but it is critical to our national se- visit the United States after the at- that have been torn apart by the self- curity here at home. We must continue tacks, pledging to join in the fight to serving regimes of rogue leaders such fighting the war on terror in Iraq and defend civilization from the scourge of as Saddam Hussein and Osama bin Afghanistan lest the fight return again terrorism. Indeed, no country showed a Laden. to American soil. greater outpouring of sympathy for the For our soldiers engaged in these Two years ago, more than 3,000 inno- United States in the immediate after- military operations, the supplemental cent lives were lost in a terrible strike math of the attacks than did France. must equate to equipment that will en- against America. We must vow in their Similarly, a poll conducted in Ger- sure their safety, supplies that will honor that our spirit will continue to many in the autumn of 2001 showed make their mission achievable, and triumph and ensure those families that that after the attacks in New York, something else which is essentially America will not shrink from those Washington and Pennsylvania, an in- priceless—time, even if only 2 weeks, who seek to destroy our values. We will creased number of Germans, 58 percent, to get away from the tireless effort continue to be a good and great Nation, saw the U.S. as Germany’s most impor- necessary to maintain peace in Iraq. because we are a good and great people. tant partner. To be sure, this solidarity These men and women in uniform de- God bless this great land of the free— was greatly appreciated during our serve our highest respect and admira- America. dark time of September 2001. tion for the often difficult and dan- Mr. DOMENICI. Mr. President, I rise The tragedy that America experi- gerous jobs they do. Our troops deserve today in remembrance of the victims of enced, and that elicited such inter- the very best—the best equipment, the the September 11, 2001 terrorist attacks national sympathy, was the same trag- best training, the best housing, and the on our country. On this second anni- edy that prompted us to adopt this pre- best leadership. versary of that fateful day, many of emptive military doctrine. It was the I have a great deal of confidence in the emotions we felt are still very real. tragedy of September 11 that made us our current leaders—President Bush, We continue to feel grief for those who say to governments who would sponsor Vice President CHENEY, National Secu- were lost. We continue to feel admira- terrorism and supply terrorists with rity Adviser Rice, General Myers, and tion for the bravery of our policemen weapons of mass destruction, ‘‘disarm my old colleagues Secretary Rumsfeld and firefighters. And we continue to or we will act to disarm you before and Secretary Powell. They understand feel shock over that day’s inconceiv- your weapons can hurt our people.’’ how and when to ask our military to go able violence. The reality is that these And this is what led us to act against into action. But our men and women in emotions may be at the front of Amer- Saddam Hussein, a proven killer who uniform must be given the tools to do ica’s conscience for years to come, but steadfastly refused to prove he no the jobs we ask of them. To them I say, it is my hope today that for those fam- longer had WMDs that the world knew Congress will not let you down. ilies who lost loved ones, each passing he had after the Gulf War. Also, it is clear we cannot transform day brings with it some measure of Many of our coalition partners un- Iraq without more help from the Iraqi healing. derstood the imperative of acting people themselves. That is why it is so In addition to the emotional impact against a thug like Saddam Hussein in important that sufficient funds are of the attacks, September 11, 2001 also a post 9/11 world. They remembered the dedicated to training and equipping an had a profound effect on U.S. national pain we endured and knew our actions Iraqi police force and helping the Iraqis security policy. The use of asymmet- in Iraq were a direct response to pre- establish a strong judicial system. rical means by terrorists to inflict venting a similar tragedy. But other I look forward to hearing how the mass casualties altered our traditional nations did not recognize a link be- State Department plans to work with view of who terrorists are and how we tween illegitimate regimes like Iraq’s the United Nations to jointly provide must confront them. and the terrorist threat facing the civ- assistance and further these and other No longer do we view terrorist acts ilized world. The war on terror will goals. The evolving Iraqi Government as isolated events committed by a few continue to be difficult and will require needs the support of the entire inter- extremists. Rather, 21st century ter- tough decisions like those faced in de- national community to gain a credible rorists have shown themselves to be or- posing Saddam Hussein. It is my hope foothold. While it is important in the ganized, well-financed, and deeply com- that all of our allies will join in a uni- near term for the United States to re- mitted to a doctrine of violence. We fied front in this war both in good tain control over the military forces to know this doctrine is aimed at under- times, and in bad. ensure this fledgling government can mining our economy, our infrastruc- I want to say in closing how proud I grow strong without the fear of ter- ture, and our sense of personal secu- am of many of the contributions that rorist sabotage, it is just as important rity. We also know it is based upon a my home State has made in executing for the long term that a sound struc- willingness to employ weapons of mass the war on terror. It was our F–117 ture is put in place so that the Iraqis destruction against civilian targets. stealth aircraft pilots who answered can govern themselves and ensure their This reality has forced both our po- the President’s call to take the first citizens’ security when coalition forces litical leaders and military planners to action against Saddam Hussein’s re- leave. rethink the American premise about gime. Furthermore, New Mexicans While it has fallen off the front pages where and how to use armed force. And have fought and died heroically in both of the daily news, Afghanistan remains the result is that the specter of an- Afghanistan and Iraq. For that, we owe a key component to peace in this re- other WMD attack against our popu- our deepest gratitude and respect. gion. In the most recent military oper- lation means we can no longer sub- Our national laboratories have also ations, United States troops engaged scribe to the long-held principle that made immense contributions to the fighters in the southern part of the the United States will attack only war against terrorism, both ahead of 9/ country who were suspected of being after being attacked. Instead, we must 11 and with increasing emphasis post-9/ Taliban. Members of this military op- act preemptively to best protect inno- 11. They provided critical support in eration are part of a campaign to com- cent Americans from a replay of the 9/ identifying strains of anthrax, and a bat a major Taliban regrouping effort. 11 tragedy. biothreat detection system that was Again, we cannot afford to leave a Preemption means taking the offen- fielded at the Olympics as well as loca- void for terror—not for a lack of pa- sive. It means taking the battle to the tions around the District of Columbia.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.025 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11375 Sandia invented the material that was Dora Menchaca; Nicole Miller; Laurie State and the Nation. Remember the heavily used in ridding the Hart build- Neira; Ruben Ornedo; Marie generosity with which people donated ing of anthrax concerns. Both labs have Pappalardo; Jerrold Paskins; Thomas to charities and volunteered in their led the national efforts to control ma- Pecorelli; Robin Penninger; Marie-Rae communities. Remember the support terials suitable for weapons of mass de- Sopper; Xavier Suarez; Alicia Titus; we received from the international struction. From weapons grade mate- Otis Tolbert; Pendyala Vamsikrashna; community. rials to materials suitable for dirty Timothy Ward; Christopher Wemmers; While September 11 is a horrific day bombs, the labs have developed detec- and John Wenckus. in our Nation’s history, it taught us a tors and technologies to help secure As we reflect on the horror and the tremendous amount about ourselves, as and dispose of these materials. The sys- pain of September 11, we embrace our Montanans, as Americans, and as a Na- tems used in monitoring international Nation and our freedom. We must con- tion. We must never forget these les- trade for any radioactive materials tinue to work together to strengthen sons. that could become weapons against us democracy in the world, and we must Mr. JOHNSON. Mr. President, I rise are largely from the New Mexico labs. redouble our efforts to erase terror- today to share my thoughts on the sec- They are providing computing re- ism’s shadow from our lives. ond anniversary of the September 11 sources through the National Infra- Mr. BAUCUS. Mr. President, two terrorist attacks. structure and Analysis Center of years ago today, our world changed for- None of us will ever be able to forget NISAC to model complex events that ever. At 8:45 a.m., EST, on Tuesday, where we were when we first heard the could threaten our Nation and develop September 11, 2001, the first World terrible news of that day. As the day mitigation strategies. Trade Center was attacked. Shortly went on, we were riveted to our tele- I close by again remembering all the thereafter I remember seeing the chaos vision sets and saw incomprehensible brothers and sisters we lost on Sep- on the streets in Washington after the images of destruction at the World tember 11, 2001, and all those who have Pentagon was hit. I will never forget Trade Center, the serious damage at sacrificed in the ensuing war. Let our the sights and sounds from that day. the Pentagon, and the crash site of enemies not doubt that we will con- On that day, we lost a feeling of secu- Flight 93 in rural Pennsylvania. Yet tinue to pursue them wherever they rity. And we felt a little exposed. We beyond the destruction we also saw re- may hide and will not stop until our lost mothers and fathers, sisters and markable demonstrations of heroism. victory is complete. God bless our sol- brothers, grandparents and grand- From the first responders who diers and their families, and may God children. But as we united as a nation, unhesitatingly rushed into the World bless America. we gained strength. What terrorists Trade Center and Pentagon to rescue Mrs. BOXER. Mr. President, the im- sought to destroy, what they thought survivors, to the passengers and crew ages of September 11, 2001, remain they could topple, is the unbreakable of Flight 93 who chose to crash their etched in our minds and our hearts. On American spirit. plane rather than allow the terrorists this second anniversary of the attack, ‘‘September 11’’ will never again just to complete their plan, September 11 we commemorate those who died in the be a date on the calendar. It is a day showed us the strength of our country. attacks and the unwavering spirit of that marks the largest attack on The terrorists had hoped to paralyze those who survived. We remember the American soil in our Nation’s history. us with fear, but the American people true heroism that emerged out of trag- It was a day of confusion, a day of fear, were somber and resolute in their com- edy, how strong and united we can be, a day of loss. But it was also a day of mitment to honor those who had died, how we can set aside differences for the heroism—a day of standing together. to rebuild from the destruction, and to greater good and work together. On the 2-year anniversary, it is im- ensure that we would lessen our vul- Californians were part of each tragic portant to remember the events and nerability to future terrorist attacks. moment of that day. Some were emotions of September 11. As Ameri- Bearing in mind the example provided trapped in the World Trade Center. cans, we are still living in uncertain by the heroes of September 11, people Some were at work in the Pentagon. terms. As Montanans and Americans, throughout the country began to look And the fates of others were sealed as we must continue to be determined and for ways that they could contribute to they boarded planes bound for San steadfast in our dedication to win the the relief and recovery effort. Francisco or . All four fight against terrorism. We must lead I am particularly proud of the con- planes used by the terrorists on Sep- an unprecedented effort to eliminate tributions made by thousands of South tember 11 were headed for my State of the terrorist networks that threaten Dakotans in the days following the at- California. our Nation. We must remain com- tacks. Schoolchildren led drives to col- I want to remember the more than 50 mitted to defending the rights and free- lect clothing and blankets for those Californians who were victims of the doms that make us proud to be Ameri- left homeless. Students from September 11 attacks. Their memories cans. From our freedom to express our Augustana College spent their 2002 will live on and their legacies will live thoughts and determine our religious spring break in New York serving food on, as will the memories and legacies beliefs—to our right to openly vote for to Ground Zero workers. Experts from of every innocent victim who we lost and elect our political leaders. the Disaster Mental Health Institute at on that tragic September day. Today we stand as one to pay respect the University of South Dakota went The people of California join the Na- and express our gratitude to our Na- to New York to help counsel family tion in mourning the loss of these tion’s heroes: the countless fire- members and relief workers and to as- Americans: fighters, the policemen and women, the sist in the recovery process. Ranchers David Angell; Lynn Angell; David emergency medical technicians, doc- from my State sold cattle so they Aoyama; Melissa Barnes; Alan Beaven; tors, nurses, as well as everyday citi- could make donations to the victims Berry Berenson; Dr. Yen Betru; Carol zens who risked their lives to save oth- and their families. And countless Beug, ; Deora Bodley; ers on September 11. South Dakotans lined up at the Red Touri Bolourchi; Daniel Brandworst; I remain dedicated to working to- Cross to donate blood. Each of these David Brandhorst; Ronald Gamboa; gether with Congress and the adminis- people, in large and small ways, was Charles ‘‘Chic’’ Burlingame; Thomas tration to protect America and the doing their part to help our Nation. Burnett; Suzanne Calley; Jeffrey principles this Nation stands for and to As we take this time to look back on Collman; Dorothy DeAraujo; Lisa bring those responsible for the Sep- how our country responded to the at- Frost; Andrew Garcia; Edmund Glazer; tember 11 attacks to justice. tacks, I want to say a special word ; Andrew Curry On the two-year anniversary of Sep- about the men and women of our Green; Richard Guadagno; Stanley tember 11, and in the weeks, months, Armed Forces. The members of our Hall; Gerald Hardacre; John Hart; John and years that follow, I call on every military have made extraordinary sac- Hofer; Melissa Hughes; Barbara Montanan to remember the lessons rifices over the last 2 years in the war Keating; Chad Keller; Christopher learned on that fateful day. Remember on terrorism to make our Nation safer. Larrabee; Daniel Lee; Dong Lee; Joe the solidarity. Remember the countless We can never forget the debt of grati- Lopez; Hilda Marcin; Dean Mattson; America flags that flew across the tude we owe to those who have fought

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.004 S11PT1 S11376 CONGRESSIONAL RECORD — SENATE September 11, 2003 and to those who have died in defense More than 150,000 Americans—from work together to remember those who of our freedoms. my home State of Maine and across the have come before us, to maintain our South Dakota is privileged to be the Nation—continue their brave service collective vigilance in the face of con- home of Ellsworth Air Force Base, and overseas, on a mission to ensure the tinued threats, and to remind each on behalf of all South Dakotans I freedom of the people of Iraq and Af- other of the principles and people in would like to thank the men and ghanistan, and to reduce the threat of which we believe. women of Ellsworth Air Force Base for future terrorist attacks worldwide. In By working together to help change their dedicated service and decisive Maine and elsewhere, thousands more the world, we are paying the highest contributions to both Operation Endur- are working countless hours to en- possible honor to the more than 3,000 ing Freedom and Operation Iraqi Free- hance our physical security. That vital people who lost their lives on Sep- dom. I also acknowledge the important work continues to this day. Indeed, we tember 11, and to those who have made work of the members of the South Da- are safer than we were 2 years ago be- the ultimate sacrifice in the fight kota National Guard and Reserves, cause of those efforts—and we must re- against terror in the following days many of whom are still in the middle of main ever vigilant, always identifying and years. It is a tribute that will reso- lengthy deployments away from their ways we can do more. nate throughout the freedom-loving families and friends. But 9/11 has had an impact on our so- world as we remember. And there The National Guard is the oldest ciety that is perhaps less obvious, yet should be no mistake—we will always component of our Armed Forces. Since equally powerful. remember. its earliest days, the Guard has served Quite simply, we have witnessed the Mr. ALLARD. Mr. President, today I a dual, Federal-State role. Following full force of the indomitable spirit with rise, as I did 2 years ago, to ponder the the September 11 attacks, members of which this Nation has been blessed. terrible events that had occurred only the National Guard and Reserves were The evidence exists in every town and a day before. I rose to express my anger called on to provide additional security city in America. We all know countless and my sadness, my disbelief, and my at our Nation’s airports, to assist at stories of bravery and of quieter but no disdain for the situation. I rose, as did critical U.S. border checkpoints, to fly less significant acts of kindness and most of my fellow Senators from both protective missions over U.S. cities, compassion—all the more beautiful sides of the aisle. and to maintain disaster preparedness when viewed through the prism of such I spoke of the strength and resolve of in the States. In addition, National incomprehensible inhumanity as was this great Nation. I spoke of the sad re- Guard units have played a crucial role visited upon us. ality that thousands of families were in the war on terrorism; several units I cannot help but think of New York directly affected and would never be from South Dakota continue to serve City and how her people reacted to the the same; that some fathers and some in Iraq and Kuwait. I know my col- recent blackout. In echoes of 2 year’s mothers would never be coming home leagues join with me in thanking all of past, New Yorkers pulled together to again; that some young sons and our Armed forces, both Active Duty face the adversity, relying on each daughters would grow up to pictures of and Reserve, for their continuing serv- other and looking out for a city that parents and grandparents lost in New ice to our Nation. will be forever scared, but also forever York, Pennsylvania and across the Po- Rather than defeating us, the Sep- proud—and strong. They are changed— tomac at the Pentagon. tember 11 attacks demonstrated our I also spoke of the horror yet to be not because they were broken but be- strength and resiliency. In New York, seen and I spoke of our determination, cause they are now more united than planning and design for a memorial and as a country, to face whatever chal- ever before in the cause of defending the future use of the World Trade Cen- lenges lay ahead and I spoke of our that which they love. President and the strength of character ter site is well underway. In Somerset It is the same for our entire Nation. he would need to withstand such an at- County, PA, there are ongoing efforts America’s indomitable spirit shines at tack and keep this Nation strong. to erect a permanent memorial to the events in my home State as it does in crew and passengers of Flight 93. And I rise today and speak of the same all of yours. It shines in Portland and at the Pentagon, reconstruction has issues and my respect and admiration Bangor, Lewiston, and Augusta. It been completed for several months. for the men and women of our military, While our Nation has moved forward, shines in many smaller ways. In the proud of our President’s resolve to September 11 will always be a day for town of Freeport, two women began a stand up to such a challenge and lead- quiet reflection and an opportunity to simple tribute right after 9/11. They ership during these 2 years of conflict honor those who were lost. would wave flags each morning, and and proud of our country to rally Ms. SNOWE. Mr. President, this Sep- their fellow citizens would acknowl- around the cause of liberty and the de- tember 11, we pause once again to re- edge—honking their horns and waving. feat of terrorism. I am also proud of member those we so tragically lost in Last year on this date, that simple this body’s dedication to support the the horrific attacks on the World Trade tribute blossomed into a parade of pa- ongoing war on terrorism. Center and the Pentagon, and those triotism down Main Street. And this It was popular and ‘‘good press’’ to aboard United Flight 93 2 years ago. year, they are organizing a weekend- support the initial tide of patriotism For people in all of our States, there long event, ‘‘The Freeport Freedom and rise against the actions of Sep- are individual connections that bind us Festival.’’ tember 11, 2001. We all stood and swore to that terrible day. In my home State Our spirit will shine in innumerable to the world we would not be bowed or of Maine, families will again mark a other small but heartfelt gestures we broken. We rallied to the cause and tragic anniversary for the victims they make on this second anniversary, just professed dedication to righting this knew and loved: Anna Allison, Carol as it shined when people in Maine and most egregious wrong. Flyzik, Robert Jalbert, Jacqueline and across the country lined up at blood Two years have passed and some Robert Norton, James Roux, Robert banks and donated millions of dollars among us are starting to lose focus and Schlegel, and Stephen Ward. Today, and tons of food and equipment in the the resolve necessary to wage this bat- the greatest tribute we can offer is to days after the attacks. It is a spirit tle—and yes this is a battle. I can un- remember their names, their lives, and fueled by freedom, polished with com- derstand how that could happen. The their contributions. They are indelibly passion and burnished by pride in our more time passes the easier it is to branded upon our national conscious- country and the men and women who allow other challenges, others pro- ness. are risking their lives to protect ours, grams, and other agendas to take cen- We feel a pain that will never fade, both here and abroad. ter stage and we get back to the daily withstanding even the tempering na- Clearly, even as we have achieved business at hand. But we, like our ture of time. But as we gather around successes, our mission to eradicate ter- President and our military, must do the country on this second anniversary ror at its roots—and to secure our our part to conquer this foe. We must of the attacks, we can see we have been homeland—will continue. And just as remember the War on Terrorism does changed permanently, in ways that we did not foresee the tragedies of Sep- not have one lone face or name at- stand in shining testament to who we tember 11, 2001, we cannot foretell what tached to it nor is it contained to the are as a nation. will happen next. But we can and must field of battle.

VerDate jul 14 2003 01:43 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.006 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11377 This war is being waged in Iraq and price, bear any burden, meet any hard- heard the Capitol Police shouting at Afghanistan as we try to wage peace ship, support any friend, oppose any foe the top of their lungs: ‘‘Get out of the and raise those countries to when they to assure the survival and the success building. Get out of the building.’’ can stand on their own with self-lead- of liberty.’’ The bravery and courage The memories of that day are seared ership and rule of law by their own peo- our troops demonstrated on battle- in the minds of so many of us. And here ple. The war on terrorism is being fields in Afghanistan and Iraq con- we are 2 years later still confronting waged through the financial institu- firmed that Americans will make the the terrorists and still conducting the tions, diplomatic arena, and the fields ultimate sacrifice to preserve freedom. war against terrorism. of conflict. Here at home we are a safer Nation. I am going to close with this because What this country and this Senate We have established the Homeland Se- still people come up to me in my State needs is the same kind of resolve to curity Department, changed our laws of Florida, as they did so frequently in continue to support the efforts of this so that agencies can share information, the aftermath of that fateful day 2 administration in Iraq and Afghanistan ensured better communication between years ago, and they say: ‘‘Bill, what and whatever lands this fight takes us. State and Federal law enforcement, can we do?’’ Let us not be confused, the cost of free- and provided better protection for Let me tell you what my advice is, dom is high but the loss of our freedom ports and other points of entry. But the and it is the same now as it was then. and freedom of all nations is a much war on terror requires more and we Loyal, hard-working Americans, what greater cost. Our only choice is to wage must stay the course. can you do? You can go on about your this battle and wage it fully. Our only In his speech on Sunday night, Presi- lives being faithful and hard-working choice is to wage this battle no matter dent Bush reaffirmed our commitment and productive citizens of this country where it takes us. Our only choice is to to this cause and called upon the Con- because in defense of this country and wage this battle through the courts gress and the Nation to once again our values and our way of life, it is not and the banks, through the intelligence prove our resolve. I urge all Americans only that we need military strength for agencies and the embassies, through to support the President. History has that, we need to continue our moral our combat capability and the United taught us that freedom always comes strength, and we need to continue our Nations. at a cost; we mut pay the price. New economic strength. In 2001 I spoke of our President and coalitions have formed among terror- It is the strength of that and many how he prayed the evening of Sep- ists. Those who wish us ill present us other values, if we continue in our nor- tember 11, 2001. As I close, I offer a sug- with an almost world-wide burden. mal everyday productive selves that we gestion to each of my distinguished Nevertheless, we cannot neglect our re- will overcome. I particularly use that colleagues. This evening before bed I sponsibilities. word ‘‘overcome’’ because that is what will take time to pray. I will pray for I hope all Alaskans will remember America is. Our character as a people all of the victims of September 11, 2001 the victims of September 11 today by is that we are overcomers to the obsta- and their affected families. I will pray attending a memorial service or promi- cles that are put in front of us, to the for all of the victims of terrorism nently displaying an American flag. setbacks with which we are faced. We throughout the world whether by the The victims of September 11 and the are overcomers, and our history shows hands of organized terrorism or ran- volunteer soldiers who gave their lives that time and time again. Likewise, dom acts perpetrated by despicable in the campaign against terror gave this time it will be also. men with warped ideas. I will pray for what Lincoln called the ‘‘last full I thank the Chair. I yield the floor. all of the men and women of our mili- measure of devotion.’’ Today, we honor Mr. SARBANES. Mr. President, on tary especially those that have paid their memory and their sacrifice. September 11, 2001, our Nation experi- the ultimate sacrifice in defense of this Mr. NELSON of Florida. Mr. Presi- enced a daunting tragedy. It touched Nation. I will also pray that our mili- dent, I wish to speak about this day 2 every single one of us. Our people came tary is successful in defeating our foes years ago and what it signifies to our together and we spoke with one voice in this war. I will pray for our Presi- country. There is not a soul in this as we mourned the terrible loss of fam- dent that he continue to lead this country who does not remember ex- ily, friends, neighbors and fellow Amer- country during these trying times as actly where they were and what they icans, and as we paid tribute to the he- he has done so honorably. Lastly I will were doing on that fateful day that was roes who sacrificed their own lives to pray for this body to continue to have so much of a watershed point in our save others. We found a new and rich the strength of character and fortitude country. meaning in the phrase, ‘‘I am an Amer- to continue to support this cause I will tell you where I was. I was with ican.’’ through to completion no matter how the Senator from North Dakota and a At the same time, we resolved to long it may be. number of others in a leadership meet- move forward, to bring the perpetra- Let this day be a day of remembering ing about 30 yards from here on the tors of those terrible attacks to ac- and a day of pride as well as sadness. west front of the Capitol. We had bro- count and to put an end to the scourge Let this day be the day that we gain re- ken up our meeting and were watching of terrorism, so that our people remain newed resolve, clarity of thought and the television, watching the World free to live rewarding and productive strength of purpose. May God bless this Trade Center, when someone burst in lives. We made a major and funda- day and may God bless the United the door and said, ‘‘The Pentagon has mental commitment to our homeland States of America. been hit.’’ We immediately looked to security. Mr. STEVENS. Mr. President, in the the window looking out across The Now, however, our rapidly expanding morning hours of September 11, 2001, Mall and saw the black smoke rising. commitment in Iraq threatens to over- our Nation endured a terrible tragedy. In times such as that, it is inter- shadow our commitment here at home. In the wake of that tragedy, the re- esting how you react. Since my wife Earlier this year, I supported a series sponse from our ‘‘Last Frontier’’ was and I had just moved into an apart- of amendments to the Department of overwhelming. Two years ago, Alas- ment overlooking the southwest corner Homeland Security appropriations bill kans volunteered their time and their of the Pentagon, my instinctive reac- to increase funding for homeland secu- resources to assist the victims of the tion was to leap to a telephone and to rity needs. These included firefighter attacks. One year ago, the people of try to get word to her to get out of the and first-responder assistance grants, our State found unique ways to com- apartment and get to the basement ga- port security, transit security, border memorate our Nation’s loss. This year rage. Of course, I did not know what security and chemical security protec- we join the Nation once again in was happening on that side of the Poto- tions. Regrettably, these amendments mourning and remembrance. mac River. were all defeated, primarily on party- Since the September 11 attacks, the I went back to the meeting room, and line votes. United States has led the campaign to it was vacant. I walked into the hall- If this administration is prepared to wipe out terrorism and those who sup- way and saw everyone pouring down ask for nearly $90 billion in additional port it. John F. Kennedy once warned the stairs. I will never forget what I funding for our operations in Iraq, it the world ‘‘. . . that we shall pay any heard at the bottom of the stairs. I should and must be prepared to provide

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.007 S11PT1 S11378 CONGRESSIONAL RECORD — SENATE September 11, 2003 the funds we must have to strengthen front terrorism at home. It means en- our allies abroad, our brave soldiers the security of America’s shores and suring that our servicemen and women have dismantled the Taliban in Af- protect the American public. have cutting-edge equipment, training ghanistan and defeated Saddam Hus- The terrible losses of 2 years ago will and technology they need to complete sein’s evil regime in Iraq. never be forgotten. But the most en- their mission. It means working to- We have killed or taken into custody during memorial we can raise to those gether by placing our safety and our nearly two-thirds of senior al-Qieda we lost is a future of freedom and op- children’s safety above politics. leaders. We have chosen to take on al- portunity, a future without fear. Our Americans have endured great hard- Qieda on its battlefield to prevent ter- response to the events of September 11, ship and heartbreak as a result of the rorists from choosing the time and 2001, is a demonstration of the great terrorist attacks, but this has not bro- place of battle. and abiding strength of America. We ken our faith, courage and an Terrorists across the world have been must be prepared to pledge our re- unshakable commitment to freedom, given notice that the U.S. will do what- sources as well as our words. democracy and each other. Today, we ever it takes to prevent another ter- Mr. PRYOR. Mr. President, 2 years remember the tragedy of September 11, rorist attack. have past since the tragedy of Sep- and we honor its victims. We will never America will triumph and those who tember 11, 2001, but the visions of forget them. want nothing less than to destroy our smoke rising out of the World Trade Mr. GRAHAM of South Carolina. Mr. way of life will fail. Center and the Pentagon, and the pain President, 2 years ago, our world They will fail because of the Amer- and terror on the faces of those who changed forever. The terrorist attacks ican spirit. They will fail because of lost family members, friends and col- on the World Trade Centers and Pen- our faith in freedom and democracy. leagues remain vivid in our minds. tagon were a painful wakeup call to They will fail because of the strength Within seconds, America realized that our Nation that we must remain ever and character of the American people. I believe that Americans have it was not invincible. vigilant in protecting our freedom. We emerged from the attacks of Sep- More than a thousand of miles away must confront evil where it exists and tember 11, 2001, even stronger and more from Manhattan’s ground zero, the defeat it. We must battle the terrorists dedicated to our beliefs and to our Na- Pentagon, and the field in Shanksville, where they live before they are able to PA, Arkansans felt the vibrations of tion. carry out their missions of death and We are safer now than we were 2 this tragedy. Families in Batesville, destruction on our homeland. Our years ago, but the enemy will undoubt- Pine Bluff, Jonesboro and throughout hearts still grieve for those who lost edly try again and we must be ready. the State learned about the deaths of loved ones in the terrorist attacks, and And we will be ready. friends and family members. Just a few we must never forget the painful les- it has been said many times before, months later, thousands of families sons learned on September 11. but it bears repeating again—it might would celebrate Thanksgiving and September 11 was a dark day in not seem like it, but we are at war. Al- Christmas without the moms, dads, America history. Qaida and its terrorist allies may be on sons and daughters who had been de- While the terrorists were carrying the run, but they are still plotting ployed in the fight against terrorism. out their evil our national character as against peace-loving people across the Soldiers began to guard the Little a strong, proud people showed through world. Rock National Airport and Arkansas as it produced a new generation of It’s a different kind of struggle than Nuclear One. And we all began to care American heroes. The memory of the we have fought before. The war on ter- for our neighbors a little bit more. On firefighters who rushed into the Trade ror will not end next month or even September 11, 2001, life for Americans Centers before their collapse to save next year. It will take patience and it changed forever. their fellow citizens showed us the best will take perseverance. But let the September 11 is made bearable only in our Nation, as did the passengers on world know that this is a war that we by the true heroism displayed on that Flight 93 who decided to storm the will win. This is a war that Americans day and everyday thereafter. We will cockpit and sacrifice their own lives to and our freedom-loving allies will not never forget the selfless acts dem- prevent the terrorists from carrying allow us to lose. onstrated by our firefighters who ran out their deadly mission. September 11 The President has done a superb job into burning buildings; police officers was a stark contrast between the best leading our country in the war on ter- who went the extra mile to help the and worst of mankind. ror. And we have done our best in Con- frightened and frail; EMTs, doctors and On this September 11, may God con- gress to provide him the resources nec- nurses who cared for the injured; and tinue to protect and bless the United essary to prosecute and to win that everyday individuals who raised money States of America. war. for the victims of this tragedy. Mr. BUNNING. Mr. President, I People often ask me how things have Along with these heroes, we have would like to take this opportunity to changed in Washington since 9/11. hundreds of thousands of servicemen pay tribute to those in New York, at Some things on the surface certainly and women who continue to risk life the Pentagon, and in the skies over have changed. There are more concrete and limb in places such as Afghanistan, Pennsylvania who lost their lives 2 barriers, roadblocks, and security pre- Turkey and Iraq in the name of democ- years ago today. cautions. But looking beneath the sur- racy and all it embodies. They put None of us in the Senate will ever face I think the better question is to themselves in harm’s way not for per- forget the events of that terrible morn- ask what did September 11, 2001, reveal sonal aggrandizement or advancement ing, nor will we forget the courage and about us. but for immense love of country, lib- compassion displayed by Americans ev- It showed that we are still a good and erty, and family. I ask all Arkansans erywhere in response to the attacks. compassion people. And it showed that to join me with continued support for Today my thoughts and prayers are we have many friends around the world our men and women in uniform. with the victims, their families, and all that also love freedom. I ask also that Arkansans pray for of those who risked their lives to save It showed that under the worst of cir- the families who lost their loved ones others on that awful day. cumstances we will come to the aid of in the tragic terrorist attacks. The We faced the worst terrorist attack not only our friends and neighbors but healing process is a long and difficult in our Nation’s history on that day and complete strangers. road, and these families need our sup- we told ourselves that we would not let It showed that America is still the port and compassion. our guard down. We have not let our greatest nation on Earth. And it Finally, we must ensure that the guard down and we will not let our showed that in the war on terror, we more than 3,000 innocent Americans guard down. will prevail. did not die in vain on September 11. We The world has changed dramatically I thank the Chair. May God grant must continue taking those steps nec- over the past 2 years. Under the Presi- strength to those that mourn the loss essary to protect our homeland. This dent’s leadership, we have taken on our of their loved ones in this war on terror means ensuring that our first respond- enemies abroad so that Americans can and may God continue to bless this ers have the tools they need to con- live in peace at home. With the help of great Nation.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.098 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11379 Ms. CANTWELL. Mr. President, 2 cialist Jason Disney of Fallon, First Two years later, America is still years ago, our Nation was brutally at- Lieutenant Fred Pokorney of Tonopah, leading that fight. The men and women tacked by terrorists. Thousands of in- Marine Corps Lance Corporal Michael of our Armed Forces stationed nocent men, women, and children lost Williams, who lived in Phoenix but had throughout the world are defending our their lives on September 11, 2001, in extended family in Reno, Marine Corps way of life, our principles, and our free- New York, the Washington, DC, area, Lance Corporal Donald Cline, Jr., of dom. They do so because we will never and Pennsylvania. This week, we honor Sparks, Army Captain Josh Byers, forget the loss to America on Sep- the memories of those lost, and remem- Sparks, Staff Sergeant Bryan Sarno, tember 11, 2001. ber the mothers and fathers, sons and Las Vegas—these eight brave soldiers Today, I ask all Americans to pray daughters, and other loved ones who have also given their lives in the war for those who lost their lives, pray for will never return to their families. on terrorism. The most recent was 10 their families, and pray for those who Yet in the midst of that tragedy, we days ago. Sergeant Sarno was killed in have given their lives in the war on were reminded about what makes Iraq on September 1. Most of these Ne- terrorism. I also ask that you not for- America strong. Firefighters raced into vadans died wearing the uniform of our get our uniformed men and women still the doomed towers of the World Trade country. Others were simply going stationed overseas in harm’s way. Center, saving thousands of lives, al- about their every-day lives. Mr. DOMENICI. Mr. President, I com- though they would be unable to reach We have a duty as Americans to re- pliment the distinguished Senator REID safety themselves. At the Pentagon, member every one of them, not just for for his brief remarks regarding this even as part of their building burned, their sake but also for our own, be- day, and for myself merely say I am the men and women of the military cause, as painful as those memories among those Americans who never command stayed at their desks to help might be, they will always remind us of thought it could happen to us. While I coordinate information and keep the important truths. Remembering Sep- sat in my den with my wife on the country’s armed forces on high alert. tember 11 reminds us we have the morning it happened, I was about as in- Over Pennsylvania, a group of strang- greatest system of government on credulous as anyone could be. After I ers joined together to fight back Earth. For more than 2 centuries, no heard more about it, and they told me against their attackers and saved nation has held the flame of freedom it was real, I was still disbelieving. I countless lives by giving their own. higher or opened the doors of oppor- was still incredulous. But now we look back and we know Our strength has always come from tunity wider than the United States of we are no longer invulnerable. We are the capacity of average Americans to America. The cowards who struck no longer so powerful that we can say rise to acts of heroism to protect America on September 11 understand anything of danger to us will be fought neighbor and stranger alike. Now, our this. That is why they chose targets far away. We know the kind of enemy security derives from regular people in that symbolize our free economy and that confronts us is very different than a wide range of jobs, in addition to the our strong Armed Forces. Those cow- the enemies we have confronted during brave men and women of the armed ards had no reason to hate the people the lifetime of our Nation. forces. From Customs agents, to cops they murdered. They didn’t even know This is a tough one. This is a unique on the beat, to baggage screeners, mil- these people. But they hated America one. This is one run by crazy men, by lion of U.S. citizens have important because we stand for freedom, toler- people who do not understand or reason roles to play in keeping our country ance, and opportunity. That is why we as we do. safe. must never let time cloud our memory So I am very pleased, with all the Today, the fight against terror con- of what happened and why we must politics at home, that I can stand here tinues. We face an elusive enemy, will- never forget those who gave their lives and say I feel pretty confident we are ing and eager to take any measure and in the war against terror. doing better, that we are better off to murder innocent civilians. To them, In this body we are privileged to free- than the day this happened, that we the freedoms we enjoy represent oppor- ly debate the important issues facing are safer than the day it happened, tunities to attack our society and way our Nation. That means we often dis- that our big cities are safer. Certainly of life. agree with one another. But we have no we are not totally safe. But I wonder This week we remember why we have disagreement today on these issues re- whether anybody will ever be able to been drawn into this fight—so that no garding September 11. Today we stand tell us we have done everything, we more families must mourn the loss of as one to honor our fallen heroes and have spent every nickel, we have done loved ones to terror attacks. As we to pledge that we will never stop fight- every program, and we are totally safe continue this struggle, it is imperative ing until we have won the war against from terrorists. I doubt that very that we do so in a manner befitting a terrorism. much. nation of laws. By doing so, we will Mr. GRAHAM of South Carolina. Mr. In some regards we are lacking. Let send a powerful message to the rest of President, I rise today in honor of the us hope we have the wisdom so on the the world: America will not yield to men, women, and children who lost third anniversary we can stand here terrorists, and the principles of free- their lives in the terrorist attacks on and say we have even done better, and dom and democracy will not be bowed our country on September 11, 2001. it is more farfetched that they would by their cowardly tactics. Together, we The morning of September 11, 2001 succeed. Let’s hope we can do that. will prevail. will forever be remembered as the day For now, I am very proud of an open Mr. REID. Mr. President, Barbara G. America came face to face with the and free society that made changes to Edwards of Las Vegas, NV, Wilson forces of evil and prevailed. Innocent accommodate to this scourge of venom. ‘‘Buddy’’ Flagg, a part-time resident of men, women, and children lost their We had to change a few things, but we Las Vegas, Lieutenant Colonel Karen lives and families suffered. Police offi- did it. We had to spend some extra dol- Wagner, a 1982 graduate of the Univer- cers, firefighters, rescue personnel, and lars, but we did. We had to make some sity of Nevada, Las Vegas, where she Americans from every walk of life rose cities much safer, but we helped them was in the Army ROTC—these three to the occasion to save others, in many do it. And then we fought a war for it. people were killed in the terrorist at- instances losing their own lives in the Clearly, when you look back at it all, tacks 2 years ago. Mrs. Edwards and process. That day, we learned about a we did pretty well. For a free nation, Mr. Flagg were passengers on the new kind of American hero. we did pretty well. It is pretty easy to American Airlines flight that crashed In the aftermath of these attacks, mobilize when you are not free. It is into the Pentagon and LT Wagner our country put aside our differences pretty easy to fight when you are a dic- worked in the Pentagon. They were the and came together as one nation to tator. It is pretty difficult to fight first three heroes from Nevada to die in mourn our loss, celebrate our liberty, against terrorism when you are a de- the war on terrorism, but sadly they and demonstrate to the world the mocracy and you have to do it openly, were not the last. strength and compassion of a free peo- in public, and fight them openly, in Private First Class Matthew Com- ple. We united behind a single cause: to public, and be criticized openly and in mons, Boulder City, Staff Sergeant root out and destroy those responsible public. It is very hard, but we have Kerry Frith of Las Vegas, Army Spe- for terrorism around the world. done it.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.008 S11PT1 S11380 CONGRESSIONAL RECORD — SENATE September 11, 2003 The ACTING PRESIDENT pro tem- were killed while defending against our resolve to defeat them. As Presi- pore. Without objection, the resolution North Korean and Chinese Communist dent Bush said to the Nation this very is agreed to, the preamble is agreed to, aggression. week: and the motion to reconsider is laid And for nearly 50 years of cold war The terrorists have a strategic goal. They upon the table. conflict, American troops were de- want us to leave Iraq before our work is The resolution (S. Res. 224) was ployed to the edges of the Earth in sup- done. They want to shake the will of the civ- agreed to. port of our country’s efforts to protect ilized world. In the past, the terrorists have The preamble was agreed to. free societies from the threat posed by the examples of Beirut and of Somalia, Mrs. DOLE. Mr. President, I suggest Soviet totalitarianism. During these claiming that if you inflict harm on Ameri- the absence of a quorum. cans, we will run from the challenge. They tense and difficult decades of cold war, are mistaken. The ACTING PRESIDENT pro tem- America did not shirk its responsi- pore. The clerk will call the roll. bility to defend its people and the For 24 months we have fought to The legislative clerk proceeded to rights of all freedom-loving people. Nor keep America safe from terrorists, and call the roll. did American politicians put price tags with Osama bin Laden calling for Mr. MCCONNELL. Mr. President, I on the defense of democracy and lib- American troops to return home, we ask unanimous consent that the order erty. must not shrink from our responsibil- for the quorum call be rescinded. The global war against terrorism re- ities now. The ACTING PRESIDENT pro tem- quires, like the Cold War, a sustained We must confront the terrorists pore. Without objection, it is so or- level of commitment by the United where they live and train; otherwise, dered. States that is equal to our moral com- they will face us in the streets of our Mr. MCCONNELL. Mr. President, we mitment in all of these previous con- cities. We must continue to bring the mourn the many lives lost 2 years ago flicts—perhaps even more so—because fight to the enemy or surely he will today, both the victims of terrorist at- the terrorists who now confront Amer- bring it to us. tack and the heroes, the first respond- ica do not seek merely territory in a I yield the floor. ers who rushed to try to save them. In far-off land but are dedicated to the de- f various ceremonies around the country struction of the United States and the RESERVATION OF LEADER TIME today people are contemplating once elimination of free societies wherever again what the war on terrorism in- they may exist. We are fighting an The ACTING PRESIDENT pro tem- volves. enemy which seeks weapons of mass pore. Under the previous order, the Mr. President, only two years ago, we destruction, not to blackmail democ- leadership time is reserved. awoke to the threat that global terror- racies but to destroy them. f ists posed to the security of the Amer- Under the leadership of President MORNING BUSINESS ican people and, for that matter, free- Bush, America has made tremendous dom-loving people around the globe, progress over the last 24 months. We The ACTING PRESIDENT pro tem- and Americans resolved to fight back have jailed or otherwise dealt with pore. Under the previous order, there against these enemies of freedom. nearly two-thirds of al-Qaida’s leader- will be a period for the transaction of Our Nation committed to fighting ship and have dismantled terrorist morning business until the hour of terrorism knowing full well it would sleeper cells, severely curtailing al- 11:45 am. require risks, and sacrifice, and time, Qaida’s ability to plan and carry out The Senator from Nebraska. and, yes, money. We committed to terrorist attacks. f fighting terrorism because the terror- We have cooperated with inter- IN REMEMBRANCE OF SEPTEMBER ists had already committed to fighting national police organizations to arrest 11, 2001 us. thousands of terrorists throughout the Fortunately, America does not stand world, to freeze terrorist assets, to in- Mr. HAGEL. Mr. President, today is a alone, because the same terrorists who crease surveillance of terrorist organi- day for remembrance and reflection. target the United States also plotted zations, and to keep terrorists on the The attacks of September 11, 2001, af- and carried out attacks against Euro- run. fected all Americans as individuals, as pean, Asian, and moderate Arab gov- We routed al-Qaida from Afghanistan families, and as a Nation. On that day, ernments who do not share their vio- and destroyed its many terrorist train- 2 years ago, I told the Omaha World lent ideology or rationalized interpre- ing camps. Under the Taliban govern- Herald: ‘‘America is forever changed.’’ tation of Islam. ment in Afghanistan, terrorists freely We remember today those who died 2 We are now only 24 months into a plotted the destruction of our cities years ago in New York, at the Pen- global war against terrorism and that and the mass murder of our citizens, tagon, and in Pennsylvania, as well as fact alone is worthy of some reflection. while an evil government tortured, those who have since lost their lives to For 53 months, between June 1914 and raped, and killed those who dared to terrorism in Iraq, Afghanistan, Indo- November 1919, World War I engulfed oppose its misrule. The Afghan people nesia, Saudi Arabia, Israel, Jordan, Europe. More than 110,000 Americans are now building a democratic govern- Pakistan, the Philippines, Yemen, and lost their lives in defense of global se- ment and terrorists are no longer wel- elsewhere. Their sacrifices and service curity. come in Afghanistan. should reinforce our commitment to For 72 months, between September In addition, we ended the regime of defeating this new scourge of mankind. 1939 and September 1945, World War II Saddam Hussein, a long-time sponsor History has allowed America no raged across the globe, and required of terrorism and a potential terrorist quarter from the heavy burdens of years of peacekeeping and reconstruc- clearinghouse of weapons of mass de- leadership. The post-cold-war era of the tion efforts afterwards. During this struction. We liberated nearly 25 mil- 1990s now seems like an interlude be- tragic conflict nearly half a million lion Iraqis, who for generations had tween two epoch challenges: the cold American troops gave their lives not suffered under Hussein’s brutal regime. war and the war on terrorism. Just as only to bring security to America but Now we are helping the Iraqis build for previous American generations de- also to liberate millions of innocent themselves a multiethnic and mod- feated Nazi tyranny and contained So- victims suffering under the jackboot of erate democracy in the heart of the viet expansion, today’s war on ter- totalitarianism. Middle East. rorism requires new thinking, commit- For 37 months, between June 1950 and All these efforts have helped to pre- ments, sacrifices, and responsibilities July 1953, American troops battled vent another terrorist attack on Amer- by a new generation of Americans. Communist forces on the Korean Pe- ican soil despite al-Qaida’s unremitting Americans can take pride in the ninsula. American troops remain in desire to carry out such an attack. courage and determination we have South Korea today to maintain a some- However, despite our successes, more shown over the last 2 years. Our young times fragile cease-fire and defend a challenges lie ahead. The terrorists are men and women have participated in democratic ally in a war that has yet making a desperate stand in Iraq and the liberation of Iraq and Afghanistan to end. More than 30,000 Americans Afghanistan and we must be firm in from brutal tyrannies, and we continue

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.027 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11381 to kill and capture al-Qaida leaders and Today America looks upon a world of tect our country from another cata- terrorists and disrupt their cells and danger, of risk, but yet opportunity. strophic terrorist attack. networks worldwide. The world looks upon an America that First, we passed the USA PATRIOT Our Foreign Service officers, police- stands astride the globe as no other na- Act, which is legislation that aims to men, firefighters, and health and immi- tion in history. How will the future of make it easier for the FBI and other gration professionals are on the front the world play out? That is up to us. law enforcement agencies to monitor lines, at home and abroad, in keeping The world is made up of 190 nations. terror suspects and investigate their fi- our homeland safe. Their roles have These 6.2 billion people represent many nancial and personal records, to im- been redefined, along with our under- religions, cultures, traditions, his- prove the sharing of information be- standings of personal and collective se- tories, and ideas. But there is a funda- tween law enforcement and intel- curity. These are battles joined but not mental common denominator among ligence-gathering agencies, and to yet won. all people—the desire to be free. Amer- bring Federal law up to date with re- Two years is but a blip in the span of ica’s course in the world will be guided cent advances in communication tech- generations. America is still finding its by the hallmarks of our national char- nology. way, seeking a new center of gravity acter: courage, compassion, humility, It is still amazing to me to realize and balance between power and purpose and respect for others. that 19 terrorists were able to come in world affairs. America must ap- The memory of September 11, 2001, into this country—most of them on proach its foreign policy with a prin- will focus our prayers, lift our spirits, legal visas—and launch an attack that cipled realism that reflects our values, and renew our purpose. That is the way killed thousands of our people. But we acknowledges the realities and chal- those Americans who gave their lives should also be very much aware that lenges we face worldwide, and conveys on that day would have wanted it. the 9/11 attacks were no anomaly. In an awareness of the costs and con- Mr. President, I yield the floor and fact, there are thousands of other ter- sequences of our actions. Decisions suggest the absence of a quorum. rorists, just like those 19 hijackers, made today will have global implica- The ACTING PRESIDENT pro tem- who are poised to strike at the United tions for years to come, at a time when pore. The clerk will call the roll. States and our interests. there is very little margin for error. The legislative clerk proceeded to The CIA Counterterrorism Center es- America is playing for the next gen- call the roll. timates that 70,000 to 120,000 individ- eration around the world. The battle Mrs. FEINSTEIN. Mr. President, I uals trained in Afghanistan terrorist against terrorism cannot be considered ask unanimous consent that the order training camps between 1979 and 2001. in a vacuum from the breeding grounds for the quorum call be rescinded. Think of that. The Center also says of poverty and despair in the Islamic The ACTING PRESIDENT pro tem- that between 15,000 and 20,000 are be- world. We need to turn the tide in our pore. Without objection, it is so or- lieved to have been trained by Osama favor. Our military power and policies dered. bin Laden. These people are now spread must be balanced with a nobility of Mrs. FEINSTEIN. Mr. President, I all over the world and in many areas of purpose that conveys America’s com- ask to speak in morning business. this country now. mitment to helping make a better The ACTING PRESIDENT pro tem- The number of terrorist cells in this world for all people. pore. The Senate is in a period of morn- country is classified. I cannot share The perception of American power ing business. this on the floor of the Senate, but if I will either enhance or diminish our in- Mrs. FEINSTEIN. Thank you very did, many people would be both fluence, trust, and respect in the world. much. shocked and surprised. So there is no America’s success will be determined Mr. President, I come to the floor to question that the danger is real and, not only by the extent of its power but add my words to those of my col- unless we find out who the enemy is by a judicious and wise use of it. Amer- leagues as we take time to remember and stop them before they try to kill ica must enhance its relationships, not those who died and who were injured 2 us, only suffering and death can result. just its power. And America should not years ago on this very day and at this The USA PATRIOT Act was aimed at meet those world challenges alone. very time. helping solve some of the problems At these historic junctures, inter- America will never be the same that led to missed opportunities before national alliances and institutions will again. The changes are visceral and 9/11. This legislation was spurred by change and be redefined, as events un- they are real. So many innocents were the fact that key agencies in our Gov- fold and realities demand. America killed by a vicious and evil act. We ernment had bits of information that, must lead in reshaping these alliances, still can’t really comprehend how peo- when viewed together, may have re- institutions, and relationships that ple could do this kind of thing. vealed details about the hijackers and have helped support peace and pros- It has truly been a living nightmare their plans and prevented 9/11. Unfortu- perity since World War II. America’s for so many children, wives, mothers, nately, these bits of information were interests are not mutually exclusive fathers, and loved ones. There have often held by different law enforcement from the interests of our friends and been so many candles, so many shat- and intelligence agencies and not wide- partners. Our actions abroad cannot be tered dreams. September 11, 2001 was a ly shared—or, in some cases, not separated from our priorities at home. true day of infamy. shared at all. I have spoken across the country and But the rebuilding has begun and the Given the urgency of the war on ter- to many Nebraskans about their con- page is turned. I cannot imagine what ror and the inevitability of future at- cerns of the costs of the war on ter- the survivors and family members and tacks against our country and our in- rorism and building Iraq and Afghani- friends of those killed have endured. terests, I believe there is a compelling stan at the expense of America’s econ- My sorrow, my sympathy, and my con- need for our law enforcement and intel- omy, health care, agriculture, and en- dolences go to those who lost so very ligence agencies to be able to gather vironment. But we have to understand much. I hope they understand that intelligence to prevent attacks. But all of this is connected. Our commit- they still have the love and respect of the challenge is, how can we do this ments abroad will require resources a sympathetic nation. without violating cherished civil rights and sacrifices. But America cannot Here in the Capitol, in the wake of and liberties? prosper at home in the absence of secu- 9/11, we have come to see that many Now, the PATRIOT Act was passed rity and stability abroad. Issues crit- loopholes exist in the security of this with the knowledge that it had been ical to Nebraskans, to America, such as great and free Nation. Some of these drafted and negotiated quickly. Mr. trade and economic growth, do not are the very result of what we have President, you yourself serve on the flourish in conflict; they wither and treasured as part of our freedom, our same committee I do—Judiciary—and I die. openness, our democratic way of life. think it was about 6 weeks from start In thinking of the post-9/11 world, I And while acknowledging this fact, we to finish that we held hearings, debated think of my children and the world in the Senate have participated in the bill, and then finally enacted it. that they and all of our children will plugging a number of these loopholes Congress needs to exercise vigorous inherit. The stakes could not be higher. in ways we hope are designed to pro- oversight to prevent abuse and to solve

VerDate jul 14 2003 02:13 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.030 S11PT1 S11382 CONGRESSIONAL RECORD — SENATE September 11, 2003 unintended problems with the legisla- These provisions should help elimi- I would add that over 40 percent of tion. That is one of the reasons some of nate fraud, as well as identify potential all imported containers in the U.S. these sections in the PATRIOT Act are threats to the country before foreign come through two big ports in my scheduled to sunset in 5 years. nationals gain access to the United State. I would hate to see a dirty bomb The USA PATRIOT Act was also States. That is why that October 26, come in through the port of Los Ange- passed with the expectation that the 2004, deadline is so important. les, the port of Long Beach, or the port executive branch would limit its new Now, when we put deadlines into the of Oakland and be detonated some- powers to the intended purpose of border security bill, we actually con- where in the United States. That is all fighting terrorism. Indeed, the breadth sidered the need to come up with the too easy to do still today. and depth of these new powers in the new technology and the time it might Rather than criticize ABC for this act demand careful application and take. We believed that the 2004 date show, we should be grateful to them be- close oversight. And the jury is still was one that could be met. I, for one, cause, once again, their investigative out as we evaluate the actions taken think we should meet it. efforts have shown dramatically a loop- under this new law. Finally, this law tightened up two hole in the homeland security of this Secondly, after September 11, I programs that were highly unregulated great, free society. learned at a hearing on the Technology and ripe for abuse and have been I have also come to truly believe that and Terrorism Subcommittee of Judi- abused by terrorists: the Visa Waiver we need to look deeply at our entire in- ciary that the security controls for an- Program and the Foreign Student Visa telligence structure in this country. I thrax, smallpox, ebola, and 33 other Program. have been privileged to serve on the deadly pathogens were too lax. The FBI Much other work remains to be done. Select Committee on Intelligence now and the CDC could not tell us at that We know all of our ports, all 361 one of for a couple of years, and I have seen time how many people were working them, are the soft underbelly of home- many indicators that our intelligence with these deadly agents, how much land security. To emphasize this point, structure needs dramatic improve- they possessed, where these agents ‘‘ABC News Primetime’’ tonight will ment. were, or where they were being used or have a segment announcing the results Some recommendations for improve- stored. Moreover, labs conducted no of an investigation that shows just how ment are in the report by the joint in- background screening of workers who porous our borders are. quiry into intelligence community ac- handled these dangerous agents. As a As a test, they shipped a suitcase tivities before and after the terror at- result, Senator KYL and I introduced with 15 pounds of depleted uranium tacks of September 11. One of the most legislation to heighten security and re- from Jakarta to Singapore to Hong important of these recommendations is strict possession of these pathogens. Kong to mainland China, and finally to the creation of a statutory Director of Ultimately, Congress incorporated the port of Los Angeles—all without National Intelligence who shall be the many of these provisions into the com- being detected. The suitcase was in a President’s principal adviser on intel- prehensive bioterrorism bill that was 20-foot container filled with teak fur- ligence and have the full range of man- passed in June of last year. niture. agement, budgetary, and personnel re- Thirdly, Senator KYL and I also coau- This investigation demonstrates how sponsibilities necessary to run the en- thored the Enhanced Border Security easily a terrorist could put a dirty tire United States intelligence commu- and Visa Entry Reform Act of 2002, bomb on a container, ship that con- nity. which seeks to plug loopholes in our tainer to a port in the United States, Our intelligence community is so border security. We have seen over the then place the container on a train un- big—more than a dozen separate de- years that our borders are like swiss opened, and move it out anywhere into partments—and yet the individual who cheese. This legislation enhances bor- the heartland of our country. is head of the CIA is also supposed to der security by, among other things, To help solve this sort of problem, be the head of this entire community. putting more Federal officers on the earlier this year, Senator KYL and I in- Yet he does not have budgetary and border to try to stop possible terrorists troduced the Antiterrorism and Port statutory authority over all of the de- from entering our country. Security Act of 2003. This bill is still partments. Consequently, he cannot Last month, for example, two Paki- pending. Our distinguished colleague, transfer positions, and he cannot set stani nationals at Seattle-Tacoma Senator SCHUMER, is a cosponsor, and strategies among the more than a International Airport paid cash for we are grateful for his support. dozen departments. one-way tickets to John F. Kennedy This legislation would close loop- I believe this is a shortcoming. And I International Airport. The customer holes in our criminal laws that would have been joined by others in this be- agent at the desk checked a terrorism- allow terrorists to strike against our lief. I am pleased that the joint inquiry related ‘‘no fly’’ list and found both ports to escape appropriate punish- report included the creation of a Direc- men’s names on it. Local police then ment. Many criminal laws don’t deal tor of National Intelligence as one of detained the two men and handed them appropriately with port security and its recommendations. I am also pleased over to the FBI. were never even contemplated as deter- that Senator GRAHAM of Florida makes The new border security law requires ring and punishing a terrorist attack this one of the provisions in his bill im- the Federal Government to take con- on a port, so there are enormous loop- plementing the report’s major rec- crete steps to restore integrity to the holes in them. ommendations. immigration and visa process. It re- The bill would also help safeguard The current structure of our intel- quires that all visas, passports, and ports by strengthening security stand- ligence community was designed for other travel documents to be fraud- ards and requirements and ensuring post-cold-war intelligence-gathering and tamper-resistant and contain bio- greater coordination, and it would bet- agencies in a symmetrical world where metric data by October 26, 2004. ter focus our limited cargo inspection two world powers—the Soviet Union, Word has reached me that the admin- resources by improving the existing and the United States—dominated. istration may be requesting a delay in shipment profiling system and substan- That structured world is no more. We this deadline. I hope they will not. I tially bolstering container security. are now in an asymmetrical world hope that, instead of taking the easy The ‘‘ABC News’’ show airing tonight where intelligence-gathering agencies course and saying let’s delay that dead- will show that our container risk have to move to entirely new and dif- line, they take the more constructive profiling and inspection system is inad- ferent dimensions. Our current intel- and important course and say let’s find equate. Today, the administration is ligence structure is not set up to allow out what we can do to comply with the putting a handful of Customs agents in that to happen. law. It is critical and important that other countries, to try to push the bor- One of the things that has concerned they do this. ders out, and using a risk profiling sys- me greatly is that many people have This law also requires all foreign na- tem that includes much less informa- shied away from considering real re- tionals be fingerprinted and, when ap- tion and intelligence that it could. form in this area. If I ask questions propriate, to submit other biometric Moreover, fewer than 2 or 3 percent of about restructuring our intelligence data to the State Department when ap- the containers that come into our community, I am told: Well, now is plying for a visa. country are searched. really not the time.

VerDate jul 14 2003 01:56 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.033 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11383 I proposed the Director of National Mr. SUNUNU. Mr. President, I sug- Names etched on the head of a pin. Intelligence bill in June 2002 and have gest the absence of a quorum. One name spanning a bridge, another under- introduced it again in this Congress. The PRESIDING OFFICER. The going a tunnel. Yet we still have not had a hearing on clerk will call the roll. A blue name needled into the skin. Names of citizens, workers, mothers and fa- that bill. It still has not moved. When The assistant legislative clerk pro- ceeded to call the roll. thers, I make inquiries, I am told: Now is The bright-eyed daughter, the quick son. really not the time. When is it going to Mr. LEAHY. Mr. President, I ask unanimous consent that the order for Alphabet of names in green rows in a field. be the time? Names in the small tracks of birds. The Intelligence Committees of both the quorum call be rescinded. The PRESIDING OFFICER (Mr. Names lifted from a hat the House and Senate are charged with Or balanced on the tip of the tongue. CHAFEE). Without objection, it is so or- oversight of the intelligence structure. Names wheeled into the dim warehouse of dered. But I do not believe we are doing our memory. Mr. LEAHY. Mr. President, I ask So many names, there is barely room on the job in that respect with respect to the unanimous consent to proceed for not organization of our intelligence com- walls of the heart. more than 6 minutes. Our thoughts and prayers are first munity. The PRESIDING OFFICER. Without and foremost with all those who sac- One of the things, also, that I have objection, it is so ordered. learned is that man is capable of un- Mr. LEAHY. Mr. President, we re- rificed their lives on September 11 2 speakable violence, and in the case of 9/ member the victims of the attack on years ago. 11, violence was the product of learned this country 2 years ago today. Last f hatred—hatred that was conscien- year, Congress held a special session in RECESS tiously taught, that was drummed into New York on this day. As part of those tens of thousands, maybe millions, of proceedings, the poet laureate of the The PRESIDING OFFICER. Under people. Such hatred sows a field of vio- United States, Billy Collins, read a the previous order, the Senate stands lence and now this violence is all over poem written for the occasion entitled in recess until the hour of 1 p.m. our world. ‘‘The Names.’’ He dedicated it to the Whereupon, the Senate, at 11:44 a.m., As The New York Times points out victims of September 11 and to their recessed until 1:01 p.m. and reassem- today, in the 2 years since 9/11, the survivors. I believe it appropriate to bled when called to order by the Pre- view of the United States as a victim of reread that poem again here today: siding Officer (Mr. BUNNING). terrorism deserving the world’s sym- THE NAMES f pathy has changed. Remember the Le Yesterday, I lay awake in the palm of the DISAPPROVING FEDERAL COMMU- Monde headline right after 9/11 in night. NICATIONS COMMISSION BROAD- France? It was: ‘‘We are all Americans A fine rain stole in, unhelped by any breeze, CAST MEDIA OWNERSHIP RULE today.’’ And when I saw the silver glaze on the win- That view has given way to a wide- dows, The PRESIDING OFFICER. Under spread vision of America as an imperial I started with A, with Ackerman, as it hap- the previous order, the Senate will pro- power that has defied world opinion pened, ceed to the consideration of S.J. Res. Then Baxter and Calabro, through unjustified and unilateral use 17, which the clerk will report. Davis and Eberling, names falling into place The legislative clerk read as follows: of force. We must take heed of this and As droplets fell through the dark. A Senate Joint Resolution 17 (S.J. Res. 17) move to remedy it. We must listen Names printed on the ceiling of the night. disapproving the rules submitted by the Fed- more; we must build alliances; we must Names slipping around a water bend. eral Communications Commission with re- move multilaterally; and we must rec- Twenty-six willows on the banks of a stream. spect to broadcast media ownership. ognize that we need the help of others. In the morning, I walked out barefoot Yes, we need the help of the United Na- Among thousands of flowers The PRESIDING OFFICER. The Sen- tions. Heavy with dew like the eyes of tears, ator from North Dakota. In a world of asymmetrical warfare And each had a name— Mr. DORGAN. Mr. President, let me and terror, unilateralism is a flawed Fiori inscribed on a yellow petal begin with a brief opening statement and unworkable doctrine. I believe the Then Gonzalez and Han, Ishikawa and Jen- about why we are here and what brings kins. last 2 years have demonstrated that us to this point. My colleague from Ar- Names written in the air izona, who will speak in opposition to point. And stitched into the cloth of the day. I hope we take heed, I hope we listen. this resolution of disapproval, is here A name under a photograph taped to a mail- to make a presentation and my col- And I hope as we commemorate this box. very solemn day that we will dedicate Monogram on a torn shirt. league with whom I have worked on this resolution of disapproval, Senator ourselves to that listening, to working I see you spelled out on storefront windows with alliances, to building partner- And on the bright unfurled awnings of this LOTT from Mississippi, is here and will ships, to encouraging the United Na- city, make a statement. I believe others will tions to work with us, and to dispelling I say the syllables as I turn a corner— arrive as well. arrogance and becoming the humble Kelly and Lee, Let me describe what we are doing. nation that we said we were going to Medina, Nardella, and O’Connor. There is a provision in Federal law be. When I peer into the woods, that allows the Congress to effectively I yield the floor, and I suggest the ab- I see a thick tangle where letters are hidden veto a rule offered by a Federal agency As in a puzzle concocted for children. sence of a quorum. under certain circumstances. This is Parker and Quigley in the twigs of an ash, called the Congressional Review Act. I The PRESIDING OFFICER (Mr. Rizzo, Schubert, Torres, and Upton. CORNYN). The clerk will call the roll. Secrets in the boughs of an ancient maple. call it a legislative veto. It is rarely used. In fact, this is only the second oc- The assistant legislative clerk pro- Names written in the pale sky. ceeded to call the roll. Names rising in the updraft amid buildings. casion on which it will be used. It re- Mr. SUNUNU. Mr. President, I ask Names silent in stone quires 35 signatures of Senators to dis- unanimous consent that the order for Or cried out behind a door. charge a proposition from a committee the quorum call be rescinded. Names blown over the earth and out to sea. and bring it to the Senate floor, with 10 The PRESIDING OFFICER. Without In the evenings—weakening light, the last hours of debate. Following the 10 hours objection, it is so ordered. swallows. of debate, there is then a vote on the A boy on a lake lifts his oars. f resolution of disapproval. A woman by a window puts a match to a can- The specific rule that brings us to ORDER FOR RECESS dle, the floor today with a resolution of dis- Mr. SUNUNU. Mr. President, I ask And the names are outlined on the rose approval is a rule by the Federal Com- clouds— unanimous consent that at 11:45 a.m., Vanacore and Wallace, munications Commission dealing with the Senate stand in recess until 1 p.m. (let X stand, if it can, for the ones unfound) broadcast ownership rules. This is an The PRESIDING OFFICER. Without Then Young and Ziminsky, the final jolt of issue that is controversial. It is highly objection, it is so ordered. Z. charged and very significant. Some

VerDate jul 14 2003 01:56 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.035 S11PT1 S11384 CONGRESSIONAL RECORD — SENATE September 11, 2003 Members believe very strongly that They do not belong to a television or People say: What is the big deal here? what the Federal Communications radio company. They belong to the We have so many more outlets in Commission has done is horribly wrong American people. We license them for which you can get information. We now for the interests of this country. use by companies that want to send a have the Internet. We didn’t used to I said at the Commerce Committee television or radio signal and we say have that. You have so many different when we discussed this, especially in that, attendant to that use, you have outlets. Do you know something. Go to the aftermath of the FCC making and certain responsibilities and obliga- your cable system and find out who announcing its rules, never have I seen tions: Competition, diversity, and lo- owns the major channels. The same a Federal agency that is supposed to be calism. people. Go to the Internet and find out a regulatory agency cave in so quickly What does localism mean? It means who owns the top sites on the Internet. and so completely to the large eco- we anticipate that when you have a The same people. nomic interests. That is exactly what I property to broadcast radio or tele- So you have many different voices; think has happened. It has happened at vision signals in your local commu- yes, from the same ventriloquist. Many the expense of the public interest. nity, you have a responsibility to that voices, one ventriloquist or two or The foundation of our democracy is community to broadcast some of those three or four—at least fewer ventrilo- information. The free flow of informa- local basketball games, talk to the quists in terms of what the American tion is what nourishes and refreshes people in the community about the people see, hear, and read. this democracy of ours. When what the local charity event this weekend, tell I do not accuse the Federal Commu- American people see, hear, and read is them about what is happening on Main nications Commission of bad faith. I controlled by fewer and fewer interests, Street. That is localism. happen to like the Federal Commu- in my judgment, it is detrimental to What do we have these days? All too nications Commissioners. I believe I this government and to our country. often we have the concentration that know all of them personally. The chair- The ruling by the Federal Commu- has developed in all broadcast media. man is someone I have had lunch with nications Commission says, among Now we have something instead of lo- a couple times. I like him a lot. I just other things, this will be just fine in calism; it is called voice tracking. think they have made a horrible mis- the future; in America’s largest cities, Do you know what voice tracking is? take, and I think they did it without one single company can own the domi- With this massive amount of mergers, the due diligence that is required of nant newspaper, the dominant tele- with one company owning many sta- those in a regulatory commission posi- vision station, and two other television tions, voice tracking is that which oc- tion. stations, eight radio stations, and the curs when you drive down the street in We expect them to be the referees of cable company in that same town. It is Salt Lake City, UT, and turn on your sorts. We expect them to wear the just fine. And they can do it in that dial on the radio station and hear striped shirts with the whistles that town and another town and another someone saying, ‘‘It is sunny out here say: We are here to call the fouls. We town and another town, and that is in Salt Lake City this morning,’’ and are here on behalf of the public interest just fine, according to the FCC rule. that person may be in a basement in to call the game. The fact is, this regu- Pardon my expression, but I think Baltimore, MD, broadcasting from a latory agency did exactly what the big that is absolutely nuts. It is not fine— broadcast booth. Do you know what economic interests and the broad- not fine with me, not fine with a good that is called? Voice tracking; ripping casting industry wanted. And they did many of my colleagues. What we design a sheet off the printer from the Inter- it cleanly and quickly, with minimum to do is to pass a resolution of dis- net that shows the sun is shining in nuisance of public participation. There approval in the Senate to say to the Salt Lake City so they can pretend was only one hearing in Richmond, VA. Federal Communications Commission: they are broadcasting from Salt Lake Well, they did get three-quarters of a Do it over, and do it right. City, UT, from a Salt Lake City sta- million pieces of mail and communica- The Federal Communications Com- tion, when in fact they are not 1,000 tions over the Internet saying: Don’t mission held only one public hearing miles near Salt Lake City, they are do this. It is against the public inter- before embarking on the largest rule halfway across the country pretending est. But it did not matter to the FCC. change in the history of this country there is some local element to that They did it anyway. with respect to ownership of broadcast radio station. As a result, I hope this Senate will properties. Having held only one hear- That is not moving in the public in- send a message to the Federal Commu- ing, they then said: Well, let’s do this terest. nications Commission: This rule is a Katie-bar-the-door approach to allow- As we engage in this debate, I want bad rule. This rule opens the gates to ing the additional concentration and someone to tell me that localism is old massive additional concentration, this new orgy of mergers that almost fashioned. I want someone to tell me mergers, and acquisition to fewer and certainly will occur as a result of this that what I consider to be a tran- fewer companies owning more and rule. They said: Let’s allow newspapers scendent truth about the value of re- more properties, at least in the cir- to own television stations in the same quiring localism in exchange for being cumstance with respect to broadcasts town, have the same television stations able to use the airwaves with a radio or and newspapers. And, by the way, they and radio stations marry up. television license is somehow an old- also eliminate the ban on cross owner- We know what has happened since fashioned value. For me, it is not. ship. At least in this circumstance, we the 1996 act. Ownership rules have There is so much to say about all of don’t think it is in the public interest. changed; we have seen galloping con- this, and I will speak at great length, That is what I hope the Senate will tell centrations. One company in this coun- but I have a chart that shows where we the Federal Communications Commis- try now owns nearly 1,300 radio sta- are with respect to these broadcast sion today. tions. In one city in North Dakota, we properties these days. I will not at- By this vote, it will be the first have eight radio stations. One of them tempt to tell you about all of this, but step—a big step—in a process of saying is a religious station, one is a public the News Corporation, of course, is Fox to the Federal Communications Com- broadcast station, and six are commer- and Rupert Murdoch; Clear Channel; mission: We in Congress veto this rule. cial stations. All six are owned by the Viacom; Disney; AOL/Time Warner. You must go back and do it again. Do same company. Let me use Disney as an example: Ten it over and do it right. I ask my colleagues, does anyone television stations, including in New Mr. President, I have a lot to say think there is a public outcry in this York, Los Angeles, Chicago, Philadel- today, and I know my colleagues do as country for the need to have more con- phia, , Houston, Raleigh, well. But I think in the interest of centration in broadcast ownership? Has Fresno, Flint, Toledo; 53 radio stations. time, having described why we are anyone heard that public outcry? I The ABC Network, Disney Channel, here, and the origin of this effort, I will have not. ESPN, A&E, SoapNet, History Chan- yield the floor. My colleagues from Ar- The airwaves in this country belong nel, Lifetime, Disney Pictures, Touch- izona and Mississippi want to make to the American people. They do not stone, Hollywood, Caravan, Miramax. presentations, following which I will belong to the broadcast companies. It goes on and on and on. again then amplify my remarks.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.039 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11385 I yield the floor. tion. I agree with my colleagues, par- this whole process we are undergoing The PRESIDING OFFICER. The Sen- ticularly on the issue of radio. When right now, any lack of cynicism should ator from Arizona. there is an example such as what hap- be dispelled by the actions of the Ap- Mr. MCCAIN. Mr. President, I thank pened in Minot, ND, and testimony be- propriations Committee. my colleague from North Dakota for, fore our committee that there is an or- Whether we agree with them or not, as always, informing, and sometimes ganization, Clear Channel—let’s say as I mentioned, those actions are a di- with very startling information. I still who they are—that owns, as the Sen- rect result of the 1996 act. find it very difficult to understand the ator from North Dakota mentioned, In short, if the Congress is situation that happened in his State. 1,300 radio stations, the ticket sales, unsatisfied with the result of the FCC When there was a toxic spill, and the the promotions, and the concerts—art- review, it should step in to provide new radio stations were attempted to be ists have come to us and stated un- direction. Simply saying, ‘‘You got it contacted to alert the population, the equivocally that they have been basi- wrong, try again,’’ in my view, is not citizenry, there was not a single soul in cally blackmailed and told to do con- an appropriate response. any of the six radio stations. All the certs at a certain place or their works Although they are not provided in broadcasting was done from somewhere would not be played on the radio sta- the resolution before us, new directions else. That, obviously, was not the in- tions. to the FCC have been provided and re- tent of the law, the intent of Congress, Now, I can’t prove that. I am only ported out of the Commerce Com- nor, indeed, the intent of the Federal telling you what information was given mittee. The bill is on the Senate cal- Communications Commission. But us. So we have a tough situation. endar awaiting action. The bill would these examples happen today. The resolution offers neither congres- establish explicit, sustainable media I rise to speak in opposition to S.J. sional direction for the FCC’s next re- ownership limits while preserving new Res. 17, which has already been de- view of these rules nor a remedy for radio ownership rules tightened by the scribed by my colleague from North the infirmities of the existing statute FCC in its June 2 order. Dakota. As a result, pursuant to the that pushed the FCC to its recent deci- While I don’t support the resolution, Congressional Review Act, these rules sion. Moreover, the resolution would I do support S. 1046. I have not always would have no force or effect, and the throw out the entirety of the FCC’s ac- supported retaining strict limits on FCC would not be able to adopt any tion, including some rules that would media consolidation, and in the past I similar regulations until Congress au- actually tighten radio ownership limi- have spoken frequently about the mer- thorized the Commission to do so. tations. Finally, the resolution could its of deregulation of media markets. I share many of the concerns ex- result in significant uncertainty about Over the years, I have written letters pressed by my friends from North Da- the status of the FCC’s media owner- to the FCC insisting that they deregu- kota and Mississippi. I oppose the reso- ship rules. late in this area of media markets. lution because I believe that rejecting Let me mention one other thing be- Moreover, even a few years ago, I of- the rules without providing further fore I go into a little bit more about fered legislation to raise the national guidance is not an appropriate congres- this process. television station ownership cap to 50 sional response. In addition, the nul- As usual, unfortunately, tragically, percent and to eliminate limits on lification of all of the FCC’s new media the Appropriations Committee has now newspaper and broadcast cross-owner- ownership regulations is, in my opin- gotten into the act. The Appropria- ship. I continue to believe in the prin- ion, too sweeping. Whether we agree with them or not, tions Committee, I understand, on the ciple of allowing markets, and not gov- the FCC’s actions are a direct result of Commerce, State, and Justice appro- ernment, to regulate the way busi- the direction given to it by Congress in priations bill is now going to remove nesses operate. After chairing seven hearings on the Telecommunications Act of 1996, the provision of 35 to 45 percent media media ownership and observing unprec- which should have been called ‘‘Leave ownership, but they are not—they are edented public outcry, it is apparent to No Lobbyist Behind Act of 1996.’’ not—going to touch the cross-owner- And might I add, as we are all re- ship aspect of the rules that the FCC me that the business of media owner- sponsible for our votes, my colleague issued. Why? Why would that be? ship, which can so affect the nature from North Dakota voted for that bill, Well, my dear friends and colleagues, and quality of our democracy, is too as did my colleague from Mississippi. I I only know one reason: The National important to be dealt with so categori- voted against it. I voted against it be- Association of Broadcasters supports cally. As a result, I have come to be- cause I thought it was an outrageous the 35 to 45 percent and opposes the lieve that stringent, but reasonable, exercise of lobbying power and special cross ownership. Which is worse, that a limits on media ownership may very interest power and would have enor- conglomerate owns now 45 percent of well be appropriate. mous unintended as well as intended the television stations in a market, or It is a testament to the vitality and consequences; and the unintended con- a conglomerate owns three televisions health of our democracy that the pub- sequences we are dealing with today. stations, the newspaper—the Los Ange- lic mobilized to defend what they per- So let’s be clear, all of my col- les Times—the Internet, the cable com- ceived as a challenge to this democ- leagues, what is the genesis of this pany, and 8 radio stations? That is racy. If Congress is displeased with the problem. That is the 1996 Tele- okay according to the Appropriations Commission’s new rules, however, we communications Act. I say so because Committee. But they are going to take must accept some responsibility for the DC Court of Appeals vacated the 35- care of the 35 to 45 percent aspect of it them. Congress and the courts gave the percent cap and remanded it back to and jam it into an appropriations bill, Commission little choice but to de- the FCC. The DC Circuit Court of Ap- by the way, without a hearing before regulate the media industry. When the peals found that: the Appropriations Committee, as D.C. circuit court of Appeals vacated Congress set in motion a process to deregu- usual. the 35 percent cap and remanded it late the structure of the broadcast and cable The Commerce Committee acted back to the FCC for further consider- television industries [in the act]. with a piece of legislation that is on ation, it found that ‘‘Congress set in In fact, the court—I think very ap- the calendar. S. 1046, which passed motion a process to deregulate the propriately—characterized the 1996 through the committee, addresses the structure of the broadcast and cable act’s deregulatory tone as not subtle entire issue. Do you think we will get television industries’’ in the Act. In but quite explicit, likening it to S. 1046 before this body before this year fact, the court characterized the 1996 ‘‘Farragut’s order at the battle of Mo- ends, my friends? No. But we will have Act’s deregulatory tone as not subtle, bile Bay—‘Damn the torpedoes! Full to fight like blazes a one single shot but quite explicit, likening it to speed ahead.’’’ That is how the court provision that has been placed in an ‘‘Farragut’s order at the battle of Mo- described the 1996 deregulatory act appropriations bill, in clearly a gross bile Bay—‘Damn the torpedoes! Full that my colleagues are on the floor excess of their responsibilities, which speed ahead.’’’ now examining and wanting to reverse. are to fund authorized programs. Led by the able chairman, Michael Let’s at least take responsibility for So I guess if there is any lack of cyn- Powell, the Commission followed the our action that set this train in mo- icism amongst my colleagues about direction of Congress and the courts.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.042 S11PT1 S11386 CONGRESSIONAL RECORD — SENATE September 11, 2003 The commission incrementally in- free television, we get television created for The Commission also relaxed its cross- creased the network ownership cap to the masses, on a date and time of the net- ownership rules by permitting com- 4.5 percent finding that a ‘‘modest re- work programmer’s choosing. binations of multiple television, radio, To survive, free TV must improve its com- laxation of the cap will help networks petitive position against pay television and and newspaper outlets in more Amer- compete more effectively with cable find a way to innovate and offer personalized ican media markets. and DBS operators and will promote television experiences that today’s viewers The Commission had limited discre- free, over-the-air television by deter- have come to enjoy and expect. The future of tion in its decision-making process. ring migration of expensive program- free television is, at best, uncertain and, at We, however, do not. If Congress is dis- ming to cable networks.’’ worst, in peril. pleased with the results of the Commis- I ask unanimous consent that an ar- The shift to pay television and the value it sion’s review, it should legislate a solu- ticle by Michael K. Powell that ap- has brought to the television viewer over the tion, not just disapprove of the Com- course of the last 20 years begs a question— peared in the Wall Street Journal this do we even need free television? From a pub- mission’s actions. Unlike the Commis- morning be printed in the RECORD. lic policy perspective, I believe the answer is sion, Congress consists of elected offi- There being no objection, the mate- yes—we absolutely need to maintain a viable cials who must consider the views of rial was ordered to be printed in the free television service for the welfare of our the American public, not court man- RECORD as follows: citizens. Free broadcast television remains dates and statutory directives, when [From the Wall Street Journal, Sept. 11, an important service for those citizens that tackling difficult questions like the 2003] cannot afford pay television. Additionally, ones posed here. free television continues to play a vital role AND THAT’S THE WAY IT IS The public has strongly voiced its in informing the public during national and (By Michael K. Powell) dissatisfaction with the new rules. The local emergencies and in serving the inter- The days of free television may be num- ests of their local communities. Commission received more public com- bered. We are in the midst of change that is That’s why this past June, the FCC passed ments about its media ownership pro- having a dramatic effect on how we watch a new set of broadcast ownership limits, ceeding than any other proceeding. My television. Consider how much the television modernizing a regulatory regime that was office continues to receive numerous landscape has altered in the past two dec- made for the bygone era of the big three to letters, phone calls, and e-mails from ades. It used to be that the ‘‘big three’’ net- reflect today’s dynamic media marketplace. works, ABC, CBS and NBC were just about the public addressing the new rules. As Those rule modifications were made, in part, representatives of the public, Congress the only game in town. In those ‘‘glory days’’ to strengthen free television to give it a of television, when Walter Cronkite left us chance to remain viable for our citizens to should take a lead role in examining each night with his famous ‘‘And that’s the enjoy for decades to come. For example, by these rules, and if necessary, crafting way it is,’’ the big three were ‘‘the only way setting a slightly revised national television new limits. it was’’—our only sources of television pro- ownership limit, the FCC will help the net- As William Safire wrote recently in gramming. If you wanted to watch sports works attract and maintain quality pro- an Op-Ed piece in the New York Times, you turned to the big three. Want to watch gramming, from the World Series and Olym- itself a large owner of several media the movie of the week? Turn to the big pics to the next great TV series like ‘‘Every- outlets: ‘‘The effect of the media’s three. Saturday morning cartoons? Turn to body Loves Raymond’’ or ‘‘The West Wing.’’ the big three. With over 80% of the viewing march to amalgamation on Americans’ Other rule changes, such as allowing cross- freedom of voice is too worrisome to be audience watching free TV, it was good to be ownership or the ownership of more than one a broadcaster. local television broadcast outlet in some left to three unelected commissioners. Today, much of the high-quality sports markets, will bring consumers more and bet- This far-reaching political decision (ESPN, Fox Sports), movies (HBO, ter quality local news coverage and will help should be made by Congress and the Showtime, Starz, Independent Film Chan- fund the transition to high definition digital White House, after extensive hearings nel), mini-series (Hallmark Channel), docu- television, potentially giving free television and fair coverage by too-shy broad- mentaries (History and Discovery Channels), the ability to provide new innovative serv- casters, no-local-news cable networks children’s programming (Nickelodeon, Dis- ices to the public well into the 21st century. ney Channel, Cartoon Network), minority- and conflicted newspapers.’’ These changes have been under attack In discussing this resolution, we oriented programming (BET, Univision) and from some in Congress. A rush headlong into breaking news (CNN, MSNBC, ) can re-regulating free television is afoot, and if must also be mindful that its passage be found on pay television. The migration of successful, would prove disastrous. Bringing would roll back all of the FCC’s rules, top programming to pay television is dem- free television into a more hostile regulatory even those that tightened radio owner- onstrated by the fact that cable, for the first environment will continue to drive invest- ship limits. The Telecommunications time, surpassed broadcast television in all- ment to pay television and drive more sports Act eliminated the national radio own- day viewing share and this summer cable and creative programs to pay television. It ership cap thereby allowing one com- claimed an all-time high 60% of the prime- may just drive free television to pay tele- time television audience. And the quality of pany to grow at an unprecedented pace vision altogether, as Bob Wright, CEO of from 40 to more than 1,200 radio sta- programming now on pay television is em- NBC, once suggested that he might shut bodied in its unprecedented success in recent down NBC and simply move it to cable. tions, including ownership of 6 of the 7 Emmy awards and nominations. Moreover, in its wake, this hostile regu- commercial radio stations in Minot, Why is this happening? For those in the latory climate will stymie the transition to ND. At a hearing before the Commerce business of pay television, there are two digital broadcast television leaving broad- Committee, all five FCC Commis- main sources of income, subscription fees casters with ill-suited analog tools to work sioners agreed that the consolidation and advertising. Free television has only one in a digital world—in turn denying the of radio that has occurred in local mar- source—advertising. As the cost of quality American public the use of a primary spec- programming increases (‘‘Friends,’’ for ex- kets has been excessive. trum for future wireless innovation and serv- This brings me to the issue we must ample, costs a reported $10 million per epi- ices. sode), so too does the pressure to place those Free television will not disappear tomor- continue to discuss and to which I shows on cable or satellite. To stem these row. Many remain profitable with low budget don’t know the answer: How much is rising programming costs, free television has reality shows and other programming. In the too much? In my home State of Ari- turned to low-budget programming such as face of increasing competition from an ever zona, Gannett owns a newspaper and a reality shows and daytime talk shows. expanding array of pay television program- television station. Is that bad? I have Moreover, producers and creators of tele- ming, however, the government must be seen no ill effects of it. I have seen no vision shows often are lured to the greater careful not to hasten its demise. Free tele- creative freedom of pay television. Pay tele- consolidation problems, no collusion vision has been an important service to the between the two, no problem with the vision programmers enjoy greater first American public for over 50 years. If our ef- amendment protection against government forts do not provide free television with the citizens of my State receiving correct content regulation than their broadcast ability to better compete in today’s vibrant and accurate and unbiased informa- counterparts. This is why a show like ‘‘The media marketplace, we risk losing its serv- tion. What if Gannett owned two tele- Sopranos,’’ too risque for the big three net- ices for the next 50 years. And that’s the way vision stations, or three stations or works who passed on airing the series, can be it is. four stations? What is the point, I ask enjoyed by millions each week on HBO. It Mr. MCCAIN. Mr. President, two net- my colleagues—and that requires an also allows the possibility of running a show commercial-free. For us viewers, pay tele- works, Viacom/CBS and News Corp. incredible amount of knowledge, which vision offers programming that is tailored to have been operating at almost 40 per- I admit I don’t possess, as to what the our personal interests, be it 24-hour tennis, cent for almost 2 years now due to stay proper degree of media concentration golf, news, history, food or game shows. On from courts and waivers from the FCC. is allowable.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.014 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11387 Then you have a difference in mar- ure when conducting its next biennial been incredibly involved in these kets. Minot, ND—with all due respect review in 2004. In that proceeding, the issues. We have had some of the best to the large population of North Da- FCC will likely have to justify its new hearings I have ever participated in on kota—I think has 27,000 or 37,000 peo- rules before a court that has stated these issues. I think we have contrib- ple—higher than that. The valley that the Telecommunications Act sets uted not only to the knowledge of our which I was just describing has over 3 in motion a process of deregulation, colleagues but to that of the American million people. So it is not only a prob- while remaining mindful of Congress’ people. lem of the criterion itself for owner- disapproval of its 2002 Biennial Review. I want to commit, no matter how it ship, it also has a lot to do with large Chairman Powell has stated that the comes out today, that we will continue or small populations. courts placed ‘‘a high hurdle before the to bring the Commissioners before the I don’t think a small town is going to Commission for maintaining a given committee, bring the smartest people have five television stations or eight regulation, and made clear that failure we can find before the committee, and television stations. So should the to surmount that hurdle, based on a move forward in an orderly legislative owner of the television station in thorough record, must result in the process. I hope one of the things we can Greenwood, MS, be allowed to own the rule’s modification or elimination.’’ do as early as possible is get consider- newspaper? Is that control there? That Moreover, the Commission will also be ation of the legislation that we passed may be excessive. But in Phoenix, AZ, forced to explain how it reached a dif- through the committee, after careful ownership of one television station and ferent conclusion after previously hav- deliberation and discussion and a very a newspaper clearly is not of signifi- ing made extensive findings that un- spirited markup. cant impact. dercut the network ownership cap and So I thank my colleagues. I think So this is why it is important that we cross-ownership limits. Whatever ac- this is an important part of the debate continue to examine these issues care- tion the Commission takes will be ripe and, for sure, we will be discussing this fully and try to get the best knowledge for challenge by an unsatisfied party. issue for a long time. and information we have. These rules have been mired in liti- I ask Members to vote against S.J. But I think there is one area of gation for too long. If Congress believes Res. 17 but support passage of S. 1046. agreement, whether we succeed or that it is appropriate to retain certain I yield the floor. whether the proponents of the CRA ownership restrictions under today’s The PRESIDING OFFICER. The Sen- succeed: There is too much concentra- market conditions, then it should pass ator from Mississippi is recognized. tion in radio. I know of no credible per- legislation explicitly stating so. Again, Mr. LOTT. Mr. President, I rise in son who disagrees with that. While it S. 1046 is the appropriate legislative ve- support of this resolution which would received little credit amid the outcry hicle to achieve this goal. disapprove the new media ownership against the regulations, the FCC at- The Commission did its job by pro- rules passed by the Federal Commu- tempted to address this problem by mulgating new rules after completing nications Commission on June 2 of this prescribing new market definitions de- an intense twenty-month review. Dur- year. I must say, in listening to the signed to tighten the limits on local ing that time the Commission reviewed chairman of the Commerce Committee, radio ownership. twelve studies it commissioned to I share a lot of his concerns and ques- This resolution would therefore have gather empirical evidence on the media tions. I know from my discussions with the perverse consequence of elimi- industry, and studied over 500,000 pub- him, and he knows, we need to do more nating efforts taken by the Commis- lic comments to better understand the in this area, and he believes the FCC sion to strengthen its radio ownership media marketplace. As Mr. Safire sug- ruling may not have hit the target in rules—a move that surely would be ap- gested, it is now time for Congress to every area. He makes a good case about plauded in the corporate offices of do its job. Congress has spent the past the difference in the size of the mar- large radio station groups that hope to few months studying the previous kets, from Phoenix to Jackson, to perpetuate their ability to benefit from rules, digesting the new rules, and Minot, and other areas. Maybe he has existing loopholes. Moreover, the reso- holding multiple hearings on this issue. touched on the answer. Maybe we need lution would limit the FCC’s ability to I have come to appreciate the impor- some sort of a tiered arrangement. reinstate its more stringent radio mar- tance of appropriate limits on media I think in this case the fundamental ket definition, because the CRA pre- ownership. The media has a tremen- policy is the one that really matters; cludes the FCC from adopting rules ‘‘in dous impact on the everyday lives of that is, cross-ownership is not good. I substantially the same form’’ as those all Americans. By selecting and fram- think there are things you lose when that have been disapproved without ing issues and ideas and promoting you have the same newspaper chain further direction from Congress. public discourse, the media facilitate a owning one or two or three of the local Finally, the use of the CRA in the critical function in our democracy. It radio stations and the same number of present case will create a regulatory is now time for Congress to offer guid- local television stations. void likely to be filled only by uncer- ance, not simply reject the FCC’s rules. I have a background, to a degree, in tainty about the status of the FCC’s My decision to oppose this resolution radio. My mother worked for a local media ownership rules. The absence of has been a difficult one for me, in large radio station, WPMP/WPMO, which an affirmative Congressional directive part, because I hold the senior senator served Pascagoula and Moss Point. She will cast considerable doubt on the en- from North Dakota in such high re- was a bookkeeper. She did the logs, and forceability of the FCC’s previous gard. I commend Senator DORGAN for then she did some announcing. She was rules, given that one of the FCC’s pre- his leadership in bringing the issue of the first woman’s voice I had ever vious attempts to retain the rules was media ownership to the attention of his heard on a radio. And I did a program found by the D.C. Circuit to be arbi- colleagues. Earlier this year, he raised in high school for the local high school. trary and capricious, and another was the now-famous issue of radio owner- This station was local, personal, and found not to have justified that the ship in Minot, ND, in the Senate Com- involved in the community. They were rules are ‘‘necessary in the public in- merce Committee. That issue was the part of the community, and they were terest.’’ In both cases, the D.C. circuit catalyst for the Committee’s subse- involved in the Chamber of Commerce. remanded the rules to the FCC and di- quent review of media ownership, They had remotes, and if you opened a rected the agency to either articulate a which included seven hearings this new furniture store on Market Street, justification for retaining the rules or year. Few, if any, members of the Com- they would go down there with a re- modify them. The lack of an enforce- merce Committee or the Senate under- mote and would say: Come down to see able FCC order will leave these court stands the intricacies of this issue bet- the new furniture store here and maybe orders unanswered, risking additional ter than Senator DORGAN. win a lamp. It was very personal. court action that relaxes the rules even Finally, I thank colleagues for their We have lost that involvement. I further, or even invalidates them en- interest and involvement in this have a different attitude than Senator tirely. issue—especially three colleagues on MCCAIN in my thinking: It’s OK to have Moreover, passage of this resolution the Commerce Committee: Senators these big radio chains, but I have to ac- would appear to set up the FCC for fail- WYDEN, LOTT, and DORGAN. They have knowledge that we have lost something

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.046 S11PT1 S11388 CONGRESSIONAL RECORD — SENATE September 11, 2003 in the process. We have lost some local- was my prerogative. That is the way the Commerce Committee—to Chair- ism. We don’t have any in my home- we worked things out with President man Powell and the Commission say- town anymore. WPMP and WPMO have Clinton and, by the way, he had been ing we were disappointed that the FCC- limited exposure. I don’t know who recommended to me by Senator revised ownership rules would be re- owns them. If you want local news, you MCCAIN. This is not about personality. leased in final form June 2 without any have to listen to a radio station 19 I like the Democrats and Republicans opportunity for the Congress or the miles away in Biloxi, WBMI. on the FCC. I find them to be highly public to review them beforehand, in This is my question: If that has not qualified, good people. I just think they effect saying: Wait a minute, have worked out, if there are consolidations, missed the target this time. By the more hearings; come see us about this. if one or two companies own an over- way, who has the ultimate say for the They pretty much summarily ignored whelming number of radio stations, do American people on something such as that letter. we want that to happen in television? this? Should it be these Commis- I ask unanimous consent that this We already have all these chains that sioners? Should it be this agency? Or letter to the Commission be printed in gobbled up our local newspapers. I should the Congress have a little say in the RECORD. don’t know where these people come this? Shouldn’t we at least have the There being no objection, the mate- from or get their ideas that come in right to say: Wait, this is a dangerous rial was ordered to be printed in the with these big chains. They worry me thing for freedom, information, and de- RECORD, as follows: about some of the things they do and mocracy in America. Go back and do it U.S. SENATE, their idea of how they should report again. We have that right. In fact, I Washington, DC, April 9, 2003. the news in local communities. think we have that responsibility. DEAR CHAIRMAN POWELL: We note with dis- I have a real problem with what hap- This is not partisan. In fact, there appointment your announcement that the pened at the FCC in this instance. I are 20 cosponsors, or more, of this dis- FCC’s revised media ownership rules will be released in final form June 2nd without any want to emphasize this: This is not a approval resolution. I know for sure in opportunity for the Congress or the public to newfound position. This is a position I addition to myself there is Senator review them beforehand. We believe it is vir- have had for basically 30 years in Con- HUTCHISON from Texas, Senator SNOWE tually impossible to serve the public interest gress. from Maine, Senator COLLINS from in this extremely important and highly com- First, I am not one who thinks big is Maine, and Senator ALLARD from Colo- plex proceeding without letting the public always bad. I don’t believe we have to rado and Senator CHAMBLISS from know about and comment on the changes keep it small. I want the American Georgia both signed the discharge peti- you intend to make to these critical rules. people to have more of everything— tion for this resolution. So you see While the Commission and its staff have amassed a significant record of comments to more choices, more opportunities, there are Republicans and Democrats, date on current media ownership rules, the more diversity, more competition. small State Senators, big State Sen- Commission has not put forth any specific That is great. I am all for that. ators. Colorado, Texas, and Georgia are changes it is planning. I am also one who has voted many not exactly small places. Dramatic changes in the structure of our times for deregulation. It has not al- By the way, they have seen some media marketplace could have long-term ways worked out perfectly. I am not as pretty interesting examples of what consequences on the diversity of voices and theoretically pure on deregulation as I happens in Dallas or with that free expression in our nation. Given the used to be. I voted to deregulate truck- sort of consolidation. gravity of this proceeding, we are puzzled as What would this disapproval resolu- to why the FCC would not insist on having a ing and deregulate the airlines, and I thorough discussion about any proposed am for deregulation as much as pos- tion do? If it is passed, if it gets changes before these would take effect. sible in this area. But this is a little through the Senate and House and the Openness in this process is the best path to different now. This gets into First President signs it, the FCC will have to ensure that Congress and the public support Amendment rights. It does get into the take another look. They might come the agency’s direction. airwaves and who owns them. It does back and say: We will do these modi- We again urge the Commission to provide get into what happened with the net- fications or we will go with half of this full disclosure of any proposed changes be- works and the chains. or not all of this, and they may need fore they are made final. Sincerely, Do the American people really feel more action from the Commerce Com- Olympia J. Snowe, Byron L. Dorgan, Er- good about what is happening with the mittee and from the Congress. Great, nest F. Hollings, Trent Lott, Kay Bai- media in America? No. Check the polls. we can do that. The President may ley Hutchison, Daniel K. Inouye, John Check the people. veto this resolution. I think that would D. Rockefeller, Ron Wyden, Barbara This very morning I talked with my be a mistake. Boxer, Bill Nelson, Maria Cantwell, mother. She is 90 years old. She said: We are coming at this issue on all Frank R. Lautenberg, Susan M. Col- You weren’t born in the backwoods. fronts. We are going after the issue lins, Patty Murray, Wayne Allard, U.S. I said: What are you talking about? with a resolution of disapproval and we Senators. She said: You were born in Grenada will go after it in the appropriations Mr. LOTT. Mr. President, I don’t Hospital, a small town, but it wasn’t bill, if we have to. I prefer we do it think they reached out and listened the backwoods, and they always make through the authorization bill, as Sen- enough. I know the committee was it sound like you are ator MCCAIN said. I don’t like the Ap- worried about it. Then they—poof— coming out of some log cabin, which is propriations Committee always having made their decisions, and then they fine, I like that politically. But my to do our work because we will not or came before the Commerce Committee mother was offended that they had re- cannot find the time to get it done. to explain it. I have to tell you, I ported incorrectly as to my back- The Commerce Committee voted. We scratched my head at some of their ex- ground. reported out S. 1046. I am a cosponsor planations, particularly their expla- I said: Mother, relax, nobody pays at- of it. Senator STEVENS of Alaska is for nation of the media ownership cap at 35 tention to that. These people write that bill. I believe Senator MCCAIN said percent and why it should be raised to stuff they think will make the story he would be supportive of that bill. If 45 percent. The 35 percent cap is a posi- sound more interesting, embellish the we fail here, we will be back here, tion I supported back in the truth. You know that. This very morn- there, and everywhere because this is a midnineties and earlier. We had a huge ing we talked about this. very critical issue. debate as to whether it should be 25 or This is not about personality. This is Let me go back to the process. I was 35. Senator DORGAN wanted 25. I think not about revenge. This is not about worried when I saw this developing. I I supported that, but we finally went prevailing in a position. This is about had a feeling it was not going right. along with 35 percent. doing what is right and in the best in- The proof was that we were having When questioned on that issue, the terest of the American people. trouble getting information about ex- chairman said something to the fact I recommended the Chairman of the actly what they were going to do. that a couple of the networks are above FCC Michael Powell to President Clin- On April 9, 2003, I joined a large bi- or at this cap now so we should raise it ton for a Republican vacancy when I partisan group from Congress in send- to 45. Does that mean when they get to was serving as Majority Leader. That ing a letter—most of the signers are on 45, we are going to raise it to 55? I

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.048 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11389 admit we can have disagreements on put much stock in it, but I would still that the Senate has been down this the cap. Maybe it should be this level, like for them to have that choice. road before. In the discussion with re- a little higher, a little lower. I would By the way, we should note that the spect to radio, there was considerable rather have no caps than have this court has also stepped in. The Third debate about the deregulation of radio creeping raising of caps. Circuit Court of Appeals in Philadel- at the time. Extensive testimony was Should we have some restraint on the phia placed an injunction, a stay, of taken. Arguments were made that this reach of one network owned by these the new rules so Congress could have was an experiment that should be al- corporate giants? I think so. Am I mad more time to officially override them if lowed to go forward. In 1996, the Con- at one network or the networks versus we see fit. That is what this is all gress relaxed the limits on radio sta- the cable? No. This is ABC, CBS, NBC, about. tion ownership. What we heard during CNN, Fox—it is all of them. I just I do not think anybody should be our hearings, and I asked Chairman think that some limits are appropriate, apologetic for supporting this or wor- Powell about this specifically with re- which would give a greater variety of ried about what the impact is. This is spect to radio, was truly alarming. voices—and also I worry about more part of the process. I do not want to get Chairman Powell, under questioning and more dominance by the networks. all caught up in process, but I think that I engaged him in in committee, Local affiliates, if you get them off what is at stake here is bigger than admitted now there was a problem with in a corner, say they don’t want the process. This will have long-lasting ef- respect to concentration of radio. cap to be raised. Local affiliates say: fects, and once we start down this trail Chairman MCCAIN attested to it as well We don’t like a lot of the program- unwinding that Gordian knot we would this afternoon. So the challenge now ming; it is trashy, worthless; we would be tied to in community after commu- for the Senate is to make sure the Sen- rather have local programming. Boy, nity in America, it would be difficult, ate does not allow a repeat of the failed they have trouble now. You don’t think if not impossible, to do something. media experiment. the networks don’t tell them: You are I urge my colleagues not to worry What went on in radio is something going to run what we send you in Jack- about the personalities, not to worry that has not worked. It is an experi- son, Mississippi, or Portland, Oregon, about the threat of a veto, not to worry ment, where the drawbacks outweigh or a small town in Oregon? I don’t like about the threat of a network or a the advantages. The Senate has an op- that. newspaper or a chain. What can they portunity to make sure that the failed Again, localism is good for the peo- do to each and every one of us that experiment that has taken a toll on lo- ple—some choice, some discretion. they have not already done? Worry calism, choice, and diversity across That is one of the things at risk here. about what is at stake, and it is really this country is not to be repeated. In Let me emphasize, we have an un- fundamental. This gets to what makes my view, it is the centerpiece of the ar- usual alliance on this issue. We have this country great, and that is the abil- gument as to why this resolution is so the Actor’s Equity Association. I gen- ity to have diversity of opinion and ar- important. erally don’t team up with actors, other guments, different points of view. There are not a lot of rallies outside than in the Senate. We have the AFL– So I urge my colleagues on both sides the offices of Senators for big media CIO, the National Organization for of the aisle to step up, let us vote for kind of feeding frenzies. All of the Women. Then we get over to the Fam- this disapproval resolution. We put this input has essentially been the other ily Research Council and the National process in place for a reason. We have way. The public has been concerned Rifle Association. This is the far, far, been very careful about using it. This that as the conglomerates get bigger, far left and the far right, and every- is only the second time in the history the diet of news in particular is going thing in between, I think. of this disapproval resolution process to get blander and certainly less di- Here is an interesting thing about that it has been used, but this is a good verse and less locally oriented and this alliance. This is a diverse group, one to do it on. I am delighted to join more mass produced. and they generally represent people, with my colleagues on both sides of the We have been very troubled about individuals. That is why they have had aisle in supporting this disapproval res- what we have seen in our home State this avalanche of mail at the FCC op- olution and I thank Senator DORGAN of Oregon. In Eugene, OR, for example, posing these regulations. I understand for the courtesies he has extended a network affiliate wanted to shift perhaps it is the largest number of along the way, and I am glad to work around program time slots so it could comments to the FCC of any issue in with him. offer the city’s first 10 p.m. newscast. history. The groups here represent in- I yield the floor. It was not going to cut programming. dividuals, generally speaking, not big The PRESIDING OFFICER. The Sen- It was going to shift some of the sched- or corporate interests. I like being ator from Oregon. ules. The network said no, because identified with those people. Mr. WYDEN. Mr. President, I rise they wanted to maintain what they de- I like worrying about what the fish- today in support of the resolution. I scribed as a consistent nationwide dis- ermen in Biloxi, Mississippi, are going particularly want to commend my col- tribution pattern. to be able to hear and see, and that league from North Dakota, Mr. DOR- As a result, Eugene residents still they have choices. So this is a very im- GAN, and our friend from Mississippi, have no 10 p.m. news program even portant issue and it is one we should Senator LOTT, as well, for their bipar- though the local station, a family- act on. tisan efforts. owned business, wanted to offer it. The Majority Leader has been very I believe I have sat through every The lesson has been clear. For the cooperative with this. He could try to minute of these hearings because I be- network, nationwide business judg- maneuver this around or push this off, lieve what the Commerce Committee ments trump local interests. That is but he was reasonable, as was Senator has been looking at is extraordinarily the story of what has happened in Eu- DORGAN, and I am glad to be involved important. I want to take a few min- gene. The big networks may claim they in this effort. utes today to outline for the Senate are fully committed to localism, but in I do want to emphasize that person- and others who are just beginning to practice they behave differently than a ally I am less concerned about the cap get involved in this issue what I think truly local owner would. than I am about the cross-ownership. I is at stake. When they came before the com- think we ought to repeal the new rules First, I think it is important to be mittee, I asked about this issue and as to both, but my major worry is this clear about what is ahead. In my view, they said, it is a free country. That consolidation of newspaper, television, the big media conglomerates want to local network affiliate does not have to radio, cable, the works, and how in make a meal out of the Nation’s small take network programming 7 to 8, or 8 towns the size of Jackson, Mississippi, media outlets, and I believe the Senate to 9, or 9 to 10. It is a free country. one entity is controlling everything. I needs to step in and cancel this feast. They can make their own choices. do not know that it is that dangerous That is what this resolution would do Essentially, the freedom they have to people. People are smarter than we and why it is so important. described for a local affiliate is the are, and the media, for sure. They I would like to begin, in discussing freedom to go broke. A local affiliate would just watch it, dismiss it, and not this issue, by talking about the fact cannot, in effect, write off network

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.050 S11PT1 S11390 CONGRESSIONAL RECORD — SENATE September 11, 2003 programming for most of the evening who, today, offer so much creativity I yield the floor. because they are committed to public and diverse programming for local The PRESIDING OFFICER (Mr. AL- service news and the opportunity for communities. EXANDER). The Senator from Colorado. citizens to be heard. Finally, it seems to me that the Fed- Mr. ALLARD. Mr. President, are we There has to be a balance. There has eral Communications Commission ap- under managed time? to be a balance between national judg- proach is going to take a toll on objec- Mr. DORGAN. I yield such time as he ments and local judgments, and I be- tive news coverage. With respect to may consume to the Senator from Col- lieve the Federal Communications news outlets reporting independently orado. Commission would skew that balance. on issues that affect the parent compa- Mr. ALLARD. Mr. President, I rise They would skew it towards a media nies, you ought to begin the discussion today in support of the resolution of that was less sensitive to local con- just by noting that ABC—and it has al- disapproval regarding proposed changes cerns and local interests, and would be ready been reported with respect to in the media ownership regulations by less diverse and offer fewer choices. I this matter—that ABC News, owned by the Federal Communications Commis- believe that is why these rules need to Disney, quashed an investigative story sion. I personally thank Senator DOR- be maintained so as to have a proper on Disney theme parks. It seems to me GAN for his leadership on this issue, as balance rather than a skewed approach that more cross-ownership is going to well as the rest of the Commerce Com- to media regulation in our country as create more opportunities for conflicts mittee for so vigorously exploring the the Federal Communications Commis- of interest in news coverage and that potential impact these regulations would have on the nature and content sion’s approach would do. will reduce the kind of independent re- of the American media. These issues If we look at the media landscape porting that has consistently been in are of vital importance to the public, today, it is pretty hard to argue that the public interest. the Federal Communications Commis- A lot of the advocates for these and I am pleased to be part of this ef- sion is holding the reins too tightly at changes, these powerful conglomerates, fort, utilizing the congressional review present. Concentration is already on point to the idea that these are tough process to ensure that the rulemaking process reflects the public interest. the rise in television, radio, cable, and economic times; that some media out- Frank Blethen, the publisher of the newspapers. Viacom, News Corpora- lets may be hurting. Their argument Seattle Times, eloquently testified be- tion, AOL/Time Warner, Walt Disney, has been that it may be efficient, as fore the Senate Commerce Committee and others have amassed a very broad they describe it, from a pure dollars earlier this year. Mr. Blethen stated: and extensive array of media prop- and cents perspective, to allow dif- The America newspaper, large and small, erties, and it would seem to me that ferent media businesses to combine and without exception, belongs to a town, a given the trend towards concentration their operations. city, at the most to a region. at present, the current FCC’s rules are I would only say to those who make There is a certain pride and comfort even more important than before. that argument that efficiency is not to be taken from the notion that the I think what it comes down to is that the only thing at stake in this debate. media that so pervades our lives could the Federal Communications Commis- Sure, if all anybody cares about in the be so rooted in focus and account- sion’s approach is going to take a toll United States is efficiency, why not ability. That comment reflects a core on several vital areas of the public’s in- just have one single nationwide news value that has led me to the position terest. I believe, for example, that the bureau? They could run everything and that I take today, that the Federal diversity of viewpoints in medium-size people could say we sure have effi- Communications Commission has pro- towns across the country will be re- ciency now. We wouldn’t have all these posed a series of historically broad duced if the same company owns the reporters and commentators running rules changes that would make it easi- local newspaper, the most watched tel- around trying to beat each other and er for large media corporations to gob- evision stations, local radio stations, scoop each other and the like. But I ble up a greater share of local media, and perhaps the cable system, too. We think it is pretty obvious to Senators including television stations, in the heard testimony to that effect in the that would not be in the public interest same market. Senate Commerce Committee. because it would reduce diversity and The Commission, and those who al- If each of these media outlets at the reduce choice and reduce the kind of ready hold enormous control over the local level are part of a big nationwide robust public debate that America content of the press, claim that this chain that is making programming de- wants. will only enhance the ability of the cisions at corporate headquarters thou- So there are other values besides effi- media to meet the needs of the con- sands of miles away, what is going to ciency. That is the point of the current sumer. The world, they claim, has be the bottom line emphasis? Are those rules, that they help to balance these grown so large and so complex that people at distant conference tables competing interests. only vast resources and centralized thousands of miles from our local com- I will wrap up because I see other col- control can carry important stories munities going to put the kind of focus leagues waiting to make their remarks. across the globe. I respectfully dis- on local news and local programming I think what has happened in this agree. that my constituents want? The evi- country, and with the FCC’s set of ini- Consumers benefit from technology dence suggests otherwise. tiatives in this area, is that the Fed- more today than in any time in his- With respect to creativity and inde- eral Communications Commission has tory. In an age of satellite television pendent content, if the local cable sys- rung the dinner bell—they have rung and the Internet, I am not as convinced tem, the local broadcaster, and the the dinner bell for these powerful con- as some that the greatest hole in news main satellite providers in effect are glomerates who are out there licking coverage is the world beyond our re- able to control substantial program- their chops at the prospect of making a gion. The Consumers Union has cor- ming interests, we do have a way to meal out of these small outlets. rectly pointed out that the opposite is preserve the kind of local orientation As I said earlier, I hope the Senate, the case: Satellite provides no inde- that our citizens feel so strongly about. when it looks at the facts, when it pendent local news information and is If that changes, and I believe it would looks at what has gone on in the failed struggling just to make local stations change under the Federal Communica- experiment of radio—and I want to em- available to subscribers. tions Commission approach, I think phasize that—I think the Federal Com- Radio provides another acute exam- what is going to happen in the future is munications Commission will say: All ple. Prior to 1996, there was a 40-station everywhere independent programmers right, these big media companies are at national ownership cap in the radio in- turn, they are going to be told by the the dinner table. They want to gobble dustry. Today, Clear Channel alone national interests, by these national up these small outlets. owns almost 1,240 stations, and be- economic powers: Sorry, but we have I hope the Senate votes in favor of tween one-third and one-half of all to give preference to the programs that this resolution and cancels the Federal independent radio stations have been we produce in-house, rather than the Communications Commission’s feeding absorbed or run out of business, includ- local cable system, the local broad- frenzy. I hope the Senate will do that ing many in Colorado. Suggesting al- caster, the main satellite providers when we vote next week. lowing increased cross ownership does

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.052 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11391 not strike me as a policy in the great- One company could own six Colorado It is my hope that this body will lis- est interest of the public whom the television stations. ten to the many voices that are asking FCC is chartered to serve. One company could own an unlimited us not to chart a dangerous, wholly The current generation of Americans number of both daily and weekly news- business-driven course for media and has seen the number of independently papers in the Denver area or a com- consumers in the coming years. owned newspapers dwindle from 1,700 to bination of television stations and a The FCC would have been wise to 280. As Commerce Committee Chair- majority of the print media. maintain the existing commitment man MCCAIN noted this spring, this The local cable company serving made to the public, facilitating greater often equates to a loss of diversity of every Colorado home could be owned opportunity for Americans to do busi- opinion in the pages of those news- by one company. ness, seek information, and enjoy en- papers with a common owner. I share The issue before the FCC and the tertainment from a vibrant, diverse, the Chairman’s opinion on this matter Senate is not whether we need to re-de- and healthy media. The FCC has failed and am profoundly concerned with the bate the Telecommunications Act of in doing this by passing a sweeping homogenization of information being 1996 or specific Joint Operating Agree- slate of rules that will do only one funneled in to local communities by ments. The issue today is whether the thing for certain: put fewer hands in multi-market media corporations. As public will be well served by another control of the Nation’s media. Thanks Mr. Blethen stated in his testimony, round of consolidation, particularly to the tool at our disposal, the Con- the secret of the free press and vibrant the wisdom of enhancing the ability of gressional Review Act, Congress has public discourse depends upon voices in a large corporation to purchase broad- the opportunity to prevent these rules the communities themselves. cast outlets and newspapers in the from going into effect. While those facts stand on their own, same market. On several occasions I I urge my colleagues to stand up and it is instructive to examine what we have contacted FCC Chairman Michael send a loud and clear message to the have witnessed in my home State of Powell to express my concern over the FCC by voting in favor of this resolu- Colorado in recent years. direction the FCC has taken and the tion of disapproval. A number of family-owned news- speed with which it has moved. I yield the floor. papers in Colorado have recently been In my opinion the FCC did not give The PRESIDING OFFICER. The Sen- absorbed by a media giant, the Media the public nor Congress an adequate ator from Louisiana. One Corporation. In Northeastern Colo- chance to comment on changes of such Mr. BREAUX. I thank the Presiding rado both the Ft. Morgan Times and enormous consequence prior to the Officer. the Sterling Journal Advocate, as well adoption of the new regulations. Mr. President, and anyone who may I have been impressed and encour- as the Southeastern Colorado paper the be listening to this ‘‘debate’’—which is aged by the broad coalition of organi- Lamar Daily News, have gone from really not a debate yet but probably zations expressing similar concerns will be a debate when we vote on being locally owned family papers to over the FCC’s press for action. The Thursday when the time is allocated being part of an enormous media ma- Consumers Union, National Rifle Asso- for Members to speak to present their chine headquartered far from those ciation, Common Cause, the Tradi- positions on the resolution that is be- who rely on the news and information tional Values Coalition, CodePink fore the Senate—let us remind our- of those papers. I ask my colleagues, Women for Peace, the U.S. Conference selves that the resolution that has particularly those from States with of Catholic Bishops, and the Future of been introduced, S.J. Res. 17, is a reso- large rural areas, what will happen to Music Coalition are just a few of the lution to completely throw out all the the information available in those organizations that share my concern work of the Federal Communications communities if the rules are relaxed for independent and diverse media in even further? Will those in Lamar, CO, the United States. Given the actions of Commission that they have spent 2 receive all of their news from news- the FCC, we must carefully consider years in crafting. That is not some- papers, radio and television outlets the prudence of these rule changes and thing this body should consider doing owned by the same company? the overall public interest at stake. without a great deal of thought and un- In my community of Loveland, CO, Reed Hundt, FCC Chairman during derstanding. for example, I have seen a locally the passage of the Telecommunications The Federal Communications Com- owned radio station become part of a Act, stated well the intention of the mission is a body of experts—people syndicate of radio stations. We don’t Congress. ‘‘The Commission’s goal in who have made careers of under- have the coverage of the local football this proceeding is to further competi- standing the communications industry games by the radio station anymore. tion, just as we seek to promote com- in this country—who are charged with We don’t have local newscasters. A new petition in other communications in- looking after the best interests of the station came in which was created by dustries we regulate. But in our broad- people of this country with regard to the city so you can tune into the sta- cast ownership rules we also seek to communications policy, and also to tion to get driving information in that promote diversity in programming and make sure that the system they devise, small community in which I live. All of diversity in the viewpoints expressed in keeping with what Congress has this was provided by a small radio sta- on this powerful medium that so done, is a system that allows American tion at an earlier time, before that shapes our culture.’’ What we must en- industries to prosper, thrive, and to be larger conglomerate bought up that courage is locally driven news coverage successful in bringing about good com- radio station in Loveland, CO. as opposed to national news that at- munications to the people of this coun- This represents an enormous fiscal tempts to find a local perspective. Na- try, and at the same time try to create impact on large and small businesses tional news for the sake of simplicity a level playing field that really bal- as well as individuals, infringing on or sensationalism never gives local ances the national interest with the their ability to reach the consumers communities the in-depth coverage public interest and with the interest of they relied upon for years. Those who they should have. Do we want top down legitimate communications companies. can still afford to advertise are forced coverage or bottom up coverage? I opt It is no question that it is a public to pass these increased costs to con- for local to national. interest we are talking about because sumers. It is important to note that I feel much more comfortable with the airwaves do belong to the public; this is the market today, without the news stories originating out of my they do not belong to the companies. new, more loose FCC regulations in ef- hometown in Colorado and then, on The real challenge the Federal Commu- fect. What will happen with newspapers their own merits, rising to the national nications Commission has always had and television stations are owned by level. I am not particularly com- is to create the proper balance that the same corporation? fortable with national news being cre- protects the public interests for those That is legitimate question. Capitol ated and local stations trying to find a who use the public airwaves and at the Broadcasting Company makes the fol- local perspective for the national head- same time allows companies to be able lowing estimates for what will happen line. So I think that the top down is a to make a sufficient profit to be able to in Colorado under these proposed regu- bad alternative; the bottom up is the operate and provide the services which lations: best approach. are expanding at an incredible rate.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.055 S11PT1 S11392 CONGRESSIONAL RECORD — SENATE September 11, 2003 There is no question that America support free over-the-air broadcast tele- own the local television station is not has clearly the best communication vision. If S.J. Res. 17 were presented to the in keeping with the facts. Stations not system in the world. We have more President, his senior advisors would rec- owned by networks are not owned by a services available to more people at a ommend that he veto it. local mom and pop, people in the local price that is more affordable than any Mr. BREAUX. It says if Congress community. They are, in turn, also other country anywhere in the world. passes this, we will veto it. It is very owned by a large corporation, many You can argue the Internet is not fast clear. The administration says the new headquartered in Los Angeles or New enough or we do not have enough FCC local and national media owner- York or large entertainment centers choices between cable companies or ship rules more accurately reflect the around the country. that the rates are too high; those are changing media landscape and current The argument falls when you talk basically issues we deal with through state of network station ownership, about localism by saying if networks the commission, and they make rec- while guarding against undue con- could own stations, you are preventing ommendations. centration in the marketplace. They local stations from owning a local sta- Congress has enacted overall commu- point out this resolution throws all of tion in a community. It is simply not nication policy and the FCC has to fol- that out the window, replaces it with true. It is very rare indeed when a low what the Congress has said. They nothing, and says we do not like it. group of local owners happen to be have come up, after 2 years of study Maybe some people like some of it and from the local community as opposed and hearings and public debate, with do not like other parts, but they got to being very large companies and cor- recommendations dealing with owner- rid of everything the FCC rec- porations that own the stations them- ship rules as to who can own and in ommended. selves. what degree of concentration tele- That is bad policy and not something They say if you have the local own- vision stations and radio stations and the Congress should do. I strongly op- ers, you get better local news, because newspapers to try and make sure we do pose the resolution. I hope the Con- they will have more interest in pro- not get out of balance; that the Amer- gress, in the wisdom of the Senate, will viding what the local community ican public is protected by having a dif- not adopt this resolution. Or at least I wants. It is not borne out by the facts. ferent choice and fair choices about hope we do not adopt it in such a large In fact, studies we have received in the what they want to watch, what they margin that it prevents it from being committee clearly show—and this is a want to hear, and what they want to successfully vetoed. factual determination—that the net- read. That is what the Federal Commu- Many of the arguments, when talking work-owned stations—ABC networks, nications Commission does. about television, newspapers, and radio NBC, CBS networks that own the local The resolution before the Congress come down to big is bad and small is stations—on average present as much says after 2 years and what has been good. That is obviously a simplistic as 37 percent more local news than the presented as rules under the FCC, we statement and a simplistic argument. non-network-owned stations. That is will throw all of that out; that the Con- Many of the people who support the important for those who argue you gress, in its wisdom, will take a couple resolution talk about three areas: lo- have to throw the rule out because we of hours, debate this issue, and throw calism, diversity, and media concentra- do not want the networks to own the out 2 years of work by the FCC, 2 years tion. In reviewing what the FCC has stations, because if the networks own of hearings, 2 years of debate, 2 years done in each of these areas, you will the station you do not get local news of discussion and we will have a hear- see we have a fair approach to guiding coverage. The actual facts show when ing in the Commerce Committee that how the industries operate in the 21st you look at the programming, the net- will last a couple of hours and debate it century. This is not 1930, before we work-owned stations, on average, show 30 minutes apiece on Tuesday and then even had television. When Americans 37 percent more local information pro- vote on whether to throw out what the finally got a TV, citizens had a choice gramming, more local community Federal Communications Commission of maybe one network and then three. needs shows and information-providing has done for 2 years as a matter of pub- We have so many choices now people do shows on local events, and they provide lic policy. not know what to pick. I have 150 tele- 37 percent more coverage of local It is clear the administration says vision stations I can watch with diver- events than the non-network-owned fa- this is not the right thing for the Con- sity and differences of opinion. cilities. The fact is most of the locally gress to do. I ask unanimous consent to When they talk of localism, they say owned stations are not locally owned have printed in the RECORD a state- we have to get rid of this resolution be- but are owned by corporations all over ment of administration policy. cause of localism, we want to have the United States. The networks do a There being no objection, the mate- more local people able to own the sta- much better job of providing local rial was ordered to be printed in the tions. I remember a group of business- input and local news than the network RECORD, as follows: men came to me and argued about lo- affiliates. EXECUTIVE OFFICE OF THE PRESI- calism and how they wanted to make The argument some make that we DENT, OFFICE OF MANAGEMENT sure the networks did not own all the need this resolution to throw out this AND BUDGET, television stations because if the net- rule because we do not want the net- Washington, DC, September 11, 2003. works located in New York City owned works to own the stations because we STATEMENT OF ADMINISTRATION POLICY all the local TV stations, everything want to have more localism is clearly S.J. RES. 17—DISAPPROVING THE RULE OF THE would come out of New York. I am re- not borne out by the actual facts, just FEDERAL COMMUNICATIONS COMMISSION ON minded of the television commercial. by reading the schedules of the local BROADCAST MEDIA OWNERSHIP When they ask where they are from news available on network program- The Administration strongly opposes Sen- and they say New York City, they said, ming and network-owned stations as ate passage of S.J. Res. 17, a resolution dis- String ’em up, as if people in New York opposed to non-network-owned sta- approving the rule submitted by the Federal cannot be fair and make sure that local tions. Communications Commission (FCC) with re- people get what they want, because The other argument is you have to spect to broadcast media ownership. The Ad- ministration believes that the new FCC local they can. have diversity. I mentioned a little bit and national media ownership rules more ac- They argued if the networks owned about this in my first argument. They curately reflect the changing media land- all the local television stations, some- say if the networks own the stations, scape and the current state of network sta- how everything would be directed out you will not have diversity; you will tion ownership, while guarding against of New York by the network owners not have diversity of opinion; you will undue concentration in the marketplace. who own the local station down in Lou- only have the network’s opinion broad- S.J. Res. 17 overturns all of the FCC’s new isiana. These people own stations in cast and no diversity or difference of media ownership rules—negating almost two my hometown down in Louisiana. I opinion. What we have to look at is years of careful study, detailed analysis, and thorough review; creating significant regu- asked them where they were from and who actually owns the non-network latory uncertainty; and preventing the im- they were from New York City. The stations. They are, indeed, large cor- plementation of important new rules which idea that local ownership means a local porate entities. Nothing wrong with will improve the quality of local news and group of people in the local town will that, but large corporate entities,

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.059 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11393 many of them on the Fortune 500 list of I would probably pass the cap—even if York. If I did, I would have 6 percent of some of the most profitable corpora- no one in those cities ever watched my the concentration of car sales in the tions in America. Nothing wrong with television station. The current meas- country. But there are probably 1,000 that. But it is not a lot of difference, if urement assumes if you have a TV car dealers in New York, and, obvi- any, whatsoever, from the networks tower and a station in each one of ously, everybody has a little piece of that own the stations. those cities, in those cities everyone is the action, but nobody has 100 percent. The Tribune Corporation, Gannett, watching your station every day, all Yet the measurement the FCC uses Hearst-Argyle, Cox Communications— day, and only your station. really measures not the amount of con- are these mom-and-pop operations? Of Well, some of these cities have 150 centration, it merely measures the course not. They are large corporations television channels that people watch. population of the city. that operate all over the United States. They don’t just watch NBC or CBS or So those who say what the FCC did They operate cable companies, news- ABC or Fox. They have 150 stations was incorrect because it allows greater paper companies, television stations they can look to. Yet the current rule media concentration, that is simply all over the United States. They are says if you have one station in each not true. So I think the resolution not going to bring about any more one of those big markets, and the popu- should be rejected. If Congress does not great adversity than the networks that lation of those markets adds up to 35 reject it, this administration will veto own their share of stations. percent of the population of the United it, and the result ultimately will be the The final contention is media con- States, you have reached the cap, and same. centration. The argument that some you cannot go over the cap, and you But on the three principal arguments would make is, well, the amount of can’t have another TV station—when, of localism, diversity, and media con- media concentration is so bad, when in fact, no one in the city may be centration that are used in order to say you have the network-owned stations, watching your station or maybe only a why this resolution should pass, I with a rule that says you can go from few people in the city watch your par- think the evidence and the facts, as op- 35-percent penetration in the market ticular station. posed to the rhetoric, are very clear to 45 percent, it would allow this media So when you are talking about con- that those three reasons are not suffi- concentration to exist to a certain ex- centration, it is not where the TV cient to overturn the Communications tent that would be very bad for the tower happens to be located; it is how Commission that has spent 2 years in American public. many of the people in an area are bringing this to us. We have about 1,721 full-power tele- watching your station. If you look at Mr. President, I yield the floor. vision stations operating in the United the ratings, you see that none of these The PRESIDING OFFICER. Who States of America. There are a little operations in prime time come any- yields time? over 1,700 of those stations. The con- where close to having 35 percent of the Mr. BREAUX. I suggest the absence centration of the networks owning people in the country watch their sta- of a quorum. these stations is indeed very small. tion. Mr. President, I withdraw my sugges- CBS, through Viacom, owns about 3.4 For Viacom, what, 3.4 percent is the tion. percent of the total television house- amount of people watching. It is 3.4 The PRESIDING OFFICER. Without holds in this country. On average, their percent of total TV households. It is objection, it is so ordered. concentration of the network-owned not 35 percent; it is not 45 percent; it is The Senator from North Dakota. stations is about 2.27 percent of the only 3.4 percent. But the way the FCC Mr. DORGAN. Mr. President, I yield stations in the country. Fox—we all and Congress measure it, because they myself such time as I may consume. know the Fox network—owns about 2 have stations in large cities, such as Mr. President, let me begin with a percent of the stations. NBC owns Los Angeles, somehow they have chart that I had used previously. There about 1.69 percent. ABC owns .58 per- reached the cap and they can’t go over is the suggestion that somehow con- cent of the stations that operate full- the cap, and, therefore, the idea of rais- centration is not of any significant in- time, full-power television in this ing it to 45 percent some believe is so terest and, gosh, there is nothing country. wrong. This is all localism and mom- Our hearing in the Commerce Com- bad because of this media concentra- mittee showed very clearly that no one tion; when, in fact, it has nothing to do and-pop operations. I used this chart tried to defend this existing 35-percent with concentration. The current meas- before. I mentioned Disney. Let me just say that although I so-called cap that we have as a rule urement is really outdated and makes right now; that the FCC moved up to 45 no sense whatsoever. picked Disney out, I happen to like percent because the measurement of So when people say the FCC is rais- Disney. Disney has given me some of concentration is totally unjustifiable ing the cap to 45 percent, and a station the more rewarding moments of my life and unsustainable. can have 45 percent of the viewing au- when I was young. Disney is a great The current rule says if you have a dience in the country, it has nothing to company. But it is a very large com- television station in a market or in do with that. The measurement only pany doing a lot of things. several markets that add up to 35 per- indicates the number of people in a Let me go to News Corp: 22 TV sta- cent of the population, you have city who could possibly be watching tions including duopolies in New York, reached the cap. That is absolutely a the station. If they were the only sta- Los Angeles, Chicago, Dallas, Wash- totally inadequate measurement of tion in Los Angeles, that may be true, ington, Minnesota, Houston, Orlando, media concentration. It is like saying but when they have 150 other TV sta- Phoenix. They have newspapers: the if I sold cars in New York City, which tions they are watching—you see the New York Post, the Times, the Sun. has 6 percent of the U.S. population, highest concentration is CBS with 3.4 They have books: Harper Collins, therefore I am selling cars to 6 percent percent, Fox is 3.1 percent, ABC is 1.5 Regan Books, Amistad Books, William of the population of the United States, percent, NBC is 2.8 percent—I think it Morrow & Co. They have sports teams: when, in fact, I just have one car deal- really does not make the argument on the Los Angeles Dodgers, the Los An- ership in a city that has 6 percent of the question of diversity and media geles Kings. the population. concentration by saying that because I could go through all of this and de- If there were no other car dealers in you are located in a large city, you scribe the largest media companies, New York, yes, then I could say that I have media concentration merely be- and you would see these are significant am selling 6 percent of all the cars in cause there are a lot of people in that concentrations, dramatic concentra- America because I am selling them in city. tions in broadcast ownership, news- the city and I am the only dealer there. It is just like back to my example of papers. And I don’t know. Maybe some But that is the problem with the meas- owning a car dealership in New York. say it doesn’t matter much. urement we are using today and the Obviously, just because New York is 6 I think it does matter. Let me de- reason moving it up to 45 percent cer- percent of the population does not scribe at least one part of why it mat- tainly makes sense. mean because I own an automobile ters. The issue of localism, by which we If I had television stations in Los An- dealership in New York I have sold say you may use the airwaves—they geles, New York, Houston, and Miami, every single car that is bought in New belong to the American people, but you

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.061 S11PT1 S11394 CONGRESSIONAL RECORD — SENATE September 11, 2003 and your radio or television company gram that meets our standards? Or We would like to be your broker. may use these airwaves—not own should we say, look, let the networks This was before the FCC acted. Most them, but use them—in exchange for decide, and whatever they decide to people thought the FCC was going to certain requirements. One of them is produce in New York or Hollywood is do what the big interests wanted them localism. That means you have to serve going to be shown in Bismarck, ND, or to do. Here is a broker saying, let us local interests. Chattanooga, TN, and it doesn’t matter get involved so we can help you buy The question is, how do you serve what the local folks think. My col- television stations. Once again, more local interests from a thousand miles league, Senator Sam Nunn, in 1995, and more concentration. away, where you create some homog- when we were debating this prior to I will talk about some of the voices enized music and run it through a the 1996 act, talked about violence on opposed to this. Some of my colleagues board and play it though your radio or television, what was on television. He talked about this. William Safire, a TV operation in that hometown. Ear- said: very conservative columnist, who lier, I described voice tracking. Some- To follow up on this issue, one mem- worked for President Richard Nixon as one may be driving down the road in ber of my staff voluntarily conducted a speech writer, and for the New York Salt Lake City listening to the radio an unscientific survey of the topics on Times for many years, said: station, and the announcer, with a so- daytime talk shows. Every hour or so, The overwhelming amount of news and en- norous voice, says, ‘‘Good morning, the he would scan the television on his tertainment comes via broadcast and print. sun is shining here in Salt Lake City; desk and see what the day’s topics were Putting these outlets in fewer and bigger what a wonderful day to wake up and for the daytime talk shows. hands profits the few at the cost of the be in America.’’ You would think, what The reason I point this out is this: many. Does that sound unconservative? Not to me. The concentration of power—polit- a great resident to have broadcasting The first day, one show was called ‘‘Stop ical, corporate, media, and cultural—should Pretending To Be a Girl’’ and featured young for our radio station. be anathema to conservatives. The diffusion boys whose parents were upset that their The problem is, that person isn’t in of power through local control, thereby en- sons dressed and acted like a girl. Another Salt Lake City; he is in a basement in couraging individual participation, is the es- show offered a show entitled ‘‘Boys Who Baltimore, MD, in a studio, ripping off sence of federalism and the greatest expres- Only Have Sex With Virgins.’’ Yet another sion of democracy. a printer something that came from show offered a girl dumping her boyfriend on the Internet that says it is sunny in national television and asking her new ‘‘sig- U.S. Conference of Catholic Bishops: Salt Lake City. It is called voice track- nificant other,’’ another girl, to commit to Without diversity of ownership, our mean- ing—pretending there is a local an- her. ingful alternatives to syndicated shows and nouncer on that radio station. That is He said: info-mercials, and public affairs programs, are in jeopardy. going on all over the country now. Mr. President, I thought that surely the There is something called central next day’s shows would pale in comparison NRA’s executive VP Wayne LaPierre casting on television. You can turn on to these. I was wrong. Subsequent days’ re- said: two television stations in two cities views of these shows found titles such as Most cities have only one major newspaper and see the same television personality ‘‘One-Night Stand Reunions.’’ Another show to begin with. Add ownership of the domi- giving the news—homogenized regional was entitled ‘‘I Am Ready to Have Sex With nant local TV station, the top AM and FM news, because they cannot quite do it You Right Now.’’ And another show was bands and the local cable TV provider. Then locally. They are trying to convince called ‘‘I Cheat and Am Proud Of It. One do the same thing in 20 or 50 cities, and you show featured a woman who chose to tell her see how a multibillion-dollar corporation people this is a local news person. Let’s fiance on national television that she cheat- corners the market in the marketplace of pretend there is localism. That is what ed on him with her sister’s boyfriend . . . ideas. it is all about. It goes on and on. He said: Minority or unpopular causes—think of When you have these concentrations women’s suffrage in 1914, or civil rights in Perhaps the most appropriately titled 1954—would be downplayed or dismissed to of ownership, this orgy of mergers that show of all was the one entitled ‘‘You Look keep viewers watching and advertisers buy- has occurred in recent years in both Like a Freak.’’ ing. That’s no way to run a democracy. radio and television, it hurts there Localism. Trash on television. isn’t much localism. We have had testi- That is the executive vice president Should someone who owns a television of the National Rifle Association. That mony before the Commerce Committee station in Tennessee have the ability by a man who runs a pretty substantial is not a liberal organization. to say, you know, what you are sending Walter Cronkite: television station. He said: us in this time period is a show I don’t I can’t decide that my viewers don’t want The gathering of more and more outlets think represents any kind of standard under one owner clearly can be an impedi- to watch a piece of trash that will come that makes sense for us. The answer is down from the network. Even though it is ment to a free and independent press. awful stuff they say you have to run it. that too often the station are not al- I could go on and on. lowed do that because someone else Here is an interesting letter. It is Parents Television Council: calls the shots, not the local folks. dated July 25, 2003, by a television sta- When you have this concentration, Almost 80 percent of families rely on their hometown papers and TV for local informa- tion in Kansas City, Missouri, to some- local standards no longer matter. Will one who complained to them: tion. People can’t turn to a national news there be more concentration as a result network over the Internet. They provide one- We received your letter dated June 30, 2003, of what the FCC has done with its size-fits-all programming, controlled from an regarding the content of [a certain show] rules? Of course. In fact, I will read a office hundreds, perhaps thousands, of miles that aired on [this date]. from your town. We forwarded your letter to the . . . Net- letter written by W.B. Grimes & Com- work. The Network, not [our station], de- pany that was written before the FCC Barry Diller, former head of Uni- cides what shows go on the air for [this net- even ruled. They wrote it to the pub- versal Studios, who has acquired a work-owned station]. lisher of a newspaper in Seattle: rather substantial enterprise in infor- So it says that they don’t decide As you know, the FCC is considering elimi- mation: what goes on the air in Kansas City. nation of the ban on cross-ownership of The big, bad truth is—and I don’t think it You can complain to us, but we don’t media properties within a daily newspaper is given enough importance—the big four decide. The network does. Is there lo- publisher’s given markets. networks have in fact reconstituted them- calism involved in that? They can then buy the television sta- selves into the oligopoly that the FCC origi- nally set out to curb back in the 1960s. They One of my colleagues, on the floor of tion in the same market. It says: may have controlled 90 percent of what peo- the Senate a number of years ago, ple saw, but they operated with a sense of when we were debating all of this, said In anticipation of that ruling, several public responsibility that simply doesn’t something interesting. I decided to pull newspaper groups are already forging alli- exist for these vertically integrated media it out and read it today because it re- ances and cutting handshake agreements conglomerates, driven only to fit their next with both radio and television broadcasters piece in the puzzle of world dominance. lates to this issue of localism. Should in their markets. If you are considering we care about whether someone in Bis- broadcast acquisitions to bolster your mar- Let me speak for a few moments marck, ND, or Chattanooga, TN, has an ket presence, we believe the time to act is about my colleague, Senator MCCAIN, opportunity to decide this is not a pro- now. someone for whom I have great respect. -

VerDate jul 14 2003 01:43 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.065 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11395 He gave a statement and I told him I lowing more concentration in radio and which will essentially throw out six was certainly not going to be sup- television, let’s let the newspapers own media ownership regulations issued by portive of his contention that anything the television stations and more radio the FCC on June 2. There are a variety we are doing here or any reason to stations in the same marketplace. I of issues to cover, and I hope to do that come to the floor of the Senate on this was taught long ago never argue with in a coherent and cogent manner. issue has to do with the 1996 Tele- anybody who buys ink by the barrel. I Let me first say to my friend from communications Act. That was his con- guess I never quite understood that les- North Dakota, the issues we are talk- tention. Nothing could be further from son. ing about are media ownership of 35 the truth, in my judgment. I just dis- Here we take on the American News- percent versus 45 percent; the issue of agree with that. paper Association and the publishers, cross-ownership, whether newspapers In 1996, when we rewrote the Tele- and they are lobbying furiously be- and TV stations can be owned by the communications Act, beginning in 1995, cause they are opposed to what we are same entity or enterprise; and the we addressed these very issues. I of- doing. They want to be able to buy tel- other issue is whether medium and fered an amendment on the floor of the evision stations in the same city. smaller sized markets are afforded the Senate in 1995 to S. 652 during debate I said the extension of what the FCC same opportunities for working to- on the Telecommunications Act—an is going to allow to happen as a result gether as are allowed in large media amendment by Senator DORGAN of of their rule is this: That in the largest markets. North Dakota: To strike the provisions American cities one company will now Those are the three issues. A lot is of the bill that would allow television be able to own the dominant news- focused on just one issue, but the cross- networks and other chains to own no paper, the dominant television station, ownership and the so-called duopoly or more than 35 percent of the Nation’s two other television stations, eight multiple ownership issues are also very households and take it back to 25 per- radio stations, and the cable company, important. cent. and they can do that in city after city. We had a vote on that amendment. If you think that is in the public inter- It was said by the Senator from Guess what. I won the vote by three est, then I say look up the term ‘‘pub- North Dakota that the local TV cap votes. Senator Dole was standing at lic interest’’ in the dictionary or un- and cross-media rule are going to allow that chair—at that point he was major- derstand the public interest in the con- one company to dominate sources of ity leader—and Senator D’Amato from text of what we ask of radio and tele- news and information in one commu- New York was at the desk in the back. vision stations, of what we need for the nity. This is simply not true. It is an I won the vote by three votes, to roll free flow of information in our democ- alarmist argument that may get folks back the 35 percent, which was in the racy. It is not in the public interest. all fired up. telecommunications bill, to say: You I seldom ever come to the floor to The rules the FCC put forward mod- can’t own more than 25 percent of the say ‘‘I told you so,’’ but it is almost too ify the rules that represent long over- reach in this country when you own tempting to avoid at this moment. In due reactions to very extensive and television stations. 1995, following what happened on the well-researched and documented Guess what happened? Dinner inter- changes in the marketplace. The new vened. The worst thing in the world floor of the Senate when I was at- ownership rules that are being put for- around here is dinner because over din- tempting to stop this orgy of mergers ward ensure no company can dominate ner—we call it supper back in my that was going to occur, when I won a a local media landscape. hometown—over that period when you vote for 3 hours and then lost because eat your evening meal, although I had my colleagues left to have something In reality, the newspaper cross-own- won by three votes at 4 in the after- to eat, this is what I said: ership will continue to be completely noon, three of my colleagues had some If these changes are enacted, the media in- prohibited in all markets with three or sort of epiphany over their main dustry in this country will be controlled by fewer TV stations while only cross- a handful of conglomerates in the future. course, apparently. Senator D’Amato ownership will be allowed in midsized The long-held principles of localism and di- markets with between four and eight came back and asked for reconsider- versity will suffer. ation, and he and Senator Dole decided TV stations. Only in the Nation’s larg- I said that on June 15, 1995, when I to overturn the vote by which I had est market, representing approxi- was fighting then for the same prin- won at 4 o’clock that would have pre- mately 70 out of the 210 TV markets in ciple I fight for today, and that is to vented the 35 percent and gone back to the United States, would cross-owner- stop the massive concentration. What 25 percent. They changed three votes. ship restrictions be removed. the American people see, hear, and We came back 3 hours later and I lost. Even in those markets, however, par- read will increasingly be controlled by So I won for 3 hours. ties will continue to be subject to the a very few voices. That is not in the in- My colleague—incidentally, Senator FCC’s separate local television duopoly terest of this country. MCCAIN made the point I voted for the and radio ownership limits. So any I have more to say. I believe the Sen- 1996 Telecommunications Act, which I newspaper-broadcast combination thus ator from Virginia wishes to speak ei- did, to be sure—my colleague Senator will be subjected to competition from ther perhaps strongly supporting this MCCAIN voted against my amendment at least three and generally more inde- resolution or maybe he will oppose it. that would have rolled back the 35 per- pendently owned television stations, Perhaps the latter. What I would like cent back to 25 percent. numerous radio outlets, not to mention to do is allow him to speak, and I un- I was fighting then to stop this gross the wealth of cable, DSS, the Internet derstand the Senator from New Hamp- concentration that is going on in the satellite print competitors, as well, shire is also going to be on the floor. I broadcast industry, and I won for 3 that make up the contemporary media am going to make some concluding re- hours. Then I forgot, when you get peo- ownership spectrum that is available marks this afternoon. ple out of this Chamber and get arms to consumers. twisted, you can have a re-vote and I yield the floor so the Senator from From the very beginning, in the several people will apparently come Virginia can make his presentation. 1930s, the core principles that drove the here with a different mind-set. Winning The PRESIDING OFFICER. The Sen- Nation’s communications policies were is temporary in those circumstances, ator from Virginia. and it certainly was that day. Mr. ALLEN. Mr. President, I ask localism, competition, and diversity. This is a situation I understood then unanimous consent that I be allowed to Ownership rules are a byproduct of this exactly what was going to happen, and consume as much time as I may re- public interest and in constructing it has happened wholesale. I mentioned quire to speak in opposition to this rules, our Government seeks to pre- earlier we have one company that has proposed resolution. serve these principles, and they con- well over 1,200 radio stations in this The PRESIDING OFFICER. Without tinue to be preserved with the FCC’s country. The same is happening in tele- objection, it is so ordered. regulation. vision and happening very quickly. Mr. ALLEN. I thank the Chair. After 20 months of decisions, com- With newspapers, this new FCC rule Mr. President, I rise today to urge prehensive, exhaustive analysis by the says: Oh, by the way, in addition to al- my colleagues to oppose this resolution FCC, they have finally done what the

VerDate jul 14 2003 02:02 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.068 S11PT1 S11396 CONGRESSIONAL RECORD — SENATE September 11, 2003 courts and the Congress commanded sents a problem because the five major Newspapers are about the same or them to do—to adopt new ownership broadcast networks already own 80 to slightly less. In 1943 there were about rules that are based on empirical evi- 90 percent of the top cable channels. In 1,700 daily newspapers. Now there are dence and also the present market- truth, the five companies do not con- approximately 1,500. In 1943 there were place. trol the majority of the channels. 931 AM stations. In 1978, there were On June 2, the Commission made Eighty to ninety percent, that sta- about 4,500. In 2001—the best statistics positive steps in crafting updated rules tistic, is what the opponents refer to as we have presently—it has gone up to to take into account the new media actually related to viewership. 4,700-plus AM stations. In 1943, there outlets that are available to consumers Now, we heard earlier about Disney were 59 FM radio stations. In 1978, for news information and entertain- and we do not want to be against Dis- there were 4,069. It has doubled since ment. ney. Well, let’s just take last Sunday 1978 to over 8,285 FM stations. Every 2 years, the FCC is required by night’s ESPN broadcast of the Raiders- Full-power TV stations have gone the Telecommunications Act of 1996 to Titans game which was played in Nash- from 6 in 1943 to 988 in 1978, and in 2001, review the media-ownership regula- ville, TN. I did not particularly like there were 1,686 full-powered TV sta- tions. Over the past 2 years, five of the the results, but it sure did score big tions. In 1978 there were zero lower six ownership rules were challenged in ratings, averaging 10.8 million viewers, powered TV stations. In 2001, there court. In each case, the FCC’s prior averaging 7.8 million households. How- were 2,212 low-powered TV stations. regulations, or regulations at that ever, this number only amounts to ap- Cable started kicking off in the 1970s, time, were overturned. Indeed, both proximately 11 percent of all house- and it had about 13 million subscribers. Congress and the courts have given the holds that subscribe to cable or sat- Now, in 2001, there are 69 million. DBS Commission a high standard of estab- ellite programming. This is by far the subscribers, of course, there were zero lishing legally sustainable ownership No. 1 for ESPN for an opening Sunday if we are talking about to 1990. In 2001, limits that most importantly remain night game. At any given time, a con- there were 16 million plus. in the public interest. sumer watching television actually has There are a variety of other areas: Unfortunately, many have turned an opportunity to look at 54 different Internet access, big difference. Nobody this important policy debate into a po- stations. was using Internet access back in the litical one, substituting opinion for Sunday night’s game was the highest 1990s. Now there are literally hundreds fact. Allegations that these rules will rated regular season game in the Nash- of millions of people on the Internet, allow four or five companies to domi- ville TV market since the Titans and Internet access is about 72 percent. nate all major sources of news and in- moved to Music City. Of the sixty-eight Broadcast networks in 2001, 7 in formation in one community make for percent of the televisions that were on English and 2 in Spanish; cable net- good headlines but are simply not in Nashville, two-thirds of them were works are now approximately 300; and grounded in fact. watching the Raiders-Titans game. there are over approximately 2,454-plus Over 40 years ago, in the era of black That is about 48 percent of all TVs, so channel cable systems. That is what is and white television, three networks not every TV was on. Nevertheless, in the power, in the discretion, in the controlled the TV airwaves, providing those that were on, 68 percent were choice of the American people. They only 15 minutes of evening news and 5 watching that game. It was the sixth are the ones who see the competition. minutes of brief news snippets through- highest rated TV broadcast overall in They are the ones who have control out the day on an irregular basis. Nashville since 1997. The top four, and Today, the fact is there are more and are making the choice as to what five of the top six, highest rated TV they want to watch. choices available to the consumer in programs in Nashville since 1997 are Ti- terms of how they access information tans games. That was led by last Janu- On the issues of newspaper cross- than any other time in our Nation’s ary’s AFC championship game, in ownership and the local television own- history—in fact, more than any time in which case I was more happy in that ership or duopoly issues, if the resolu- the history of mankind. Even in small the Raiders beat the Titans, but that tion were debated today and passed towns, the number of media outlets, in- was the No. 1 Sunday game of all-time next week, we would be reverting back cluding cable, satellite, radio and TV back in January. to the rules that were created in the stations, has increased by over 250 per- With this approach, since people in 1970s. In both cases, the rules are out- cent during the past 40 years. the Nashville, TN, area, or maybe in dated and largely unnecessary, given Independent ownership of these out- the Oakland area or elsewhere, two- the increase in the number of media lets is far more diverse with approxi- thirds of them wanting to watch that outlets. In some cases, cross-ownership mately 139 percent more independent game, does that mean we ought to be may actually benefit consumers in owners than there were 40 years ago. prohibiting or regulating or punishing smaller markets where broadcast com- Today, there are three 24-hour all-news ESPN or ABC or Disney because they panies and newspaper owners face fi- networks, seven broadcast networks, have programming that people actually nancially challenging conditions. If and over 300 cable networks. The mul- want to watch? What do we want to this resolution passes, local television tiple news programs, independent com- make them do, watch something we stations in smaller markets will be mentary, public affairs channels are all think is better for them than popular prohibited from combining to pool fueling our democratic economy and programming? their resources to provide better pro- opportunities. There is more program- This is a rare situation that there is gramming and more local coverage. ming, more choice and more control in such viewership, but that will happen. We all know local news and reporting the hands of citizens today than ever It is consumer choice to see it. In my is expensive to produce, both in getting before. view, what we ought to do is trust free digital equipment and quality news Sure, times have changed, changed people. I would never advocate limiting staff. Those are major expenses, espe- for the better, and the rules governing consumer choice or American’s ability cially in smaller markets where there this burgeoning industry also ought to to access information. is less advertising; therefore, less can change to reflect the current state of We are all concerned about consoli- be charged but there are still pretty innovation and new technologies. Oth- dation. We all are opposed to monopo- much the basic same costs as a large erwise, the rules that were once de- lies and care about antitrust. We want market would have. And while the signed to help consumers, if this reso- to preserve diversity and competition large market can get all that adver- lution passes, have the potential to in the media marketplace, but if we tising revenue because they are poten- harm consumers, limiting quality and look at the real number of options that tially having contact with more people, opportunities for choice programming. are available to consumers today they can get their costs recouped. In Much of this debate gets focused on across media outlets, consumers have the smaller markets, there are pretty the 35-percent versus 45-percent broad- an unprecedented abundance of much the same costs with less of a rev- cast ownership cap and whether that choices. enue stream, which makes it more dif- ought to be increased. Our opponents We get statistics from 1943 to 2000, ficult to operate stations in those maintain that increasing the cap pre- and there are obviously big increases. smaller markets.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.070 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11397 I am aware of at least two markets in dom to associate and to petition the the Federal Government interfering Virginia—Harrisonburg and Charlottes- Government, freedom to acquire and with, limiting, and manipulating the ville—that would benefit from the new hold property in accordance with the media that we as consumers enjoy and media rules the Commission issued on law. use in our daily lives? What level of June 2. Both of these markets are very Our Founding Fathers understood regulation is appropriate and is really small in comparison to the big markets that government should not have the required to uphold some very impor- of New York City and Los Angeles and power to restrict speech without deeply tant principles that you have heard the simply don’t have the same resources compelling justifications. I believe the Senator from Virginia and the Senator available for comprehensive news pro- public interest is ill served when Con- from North Dakota and many others gramming and so forth that the New gress forces the FCC to revert back to speak of—principles of localism, com- York City and LA markets may have. ownership rules that were overturned petition, and diversity, principles that But they still try to make it in a by the courts for being outdated and we support, that the FCC works to sup- smaller market. not guided by solid factual records. port anytime it looks at a regulatory Another interesting nuance, ignored In my opinion, the congressional issue such as this one? in this, is what this does to some mar- mandate established in the 1996 Tele- How much regulation do we really re- kets that were grandfathered, before communications Act and the court quire to protect these important prin- the 1996 act. In some Virginia markets, order forced the FCC, in a positive and ciples? This is not a debate about the and one shared with Virginia and Ten- proactive way, to conduct a thorough poor quality of the TV that we might nessee, back in 1975 they were grand- and exhaustive review of the media go home and look at, or look away fathered, or waived, under the owner- ownership rules. I am confident that from, every night. In some ways, I wish ship rules. If this resolution passes, the Commission’s June 2 order estab- this were a debate about improving the they potentially will no longer be able lished legally sustainable ownership quality of television because if we to provide local news—if this resolu- limits that accomplished these three could just do that by a simple adjust- tion passes. This is where you have goals: No. 1, promoting diversity, local- ment of these regulations, then we cross-ownership. Previously, and cur- ism, and competition; No. 2, updating probably would all feel much better rently under the present rules and law, the rules to reflect a multitude of new about the quality of television. But we both the Roanoke and Lynchburg mar- outlets for news information and enter- can’t. kets as well as the Tri-Cities—which, taining; and, No. 3, striking a careful as the President knows, are Bristol, balance that promotes the public inter- To suggest this is about the quality Johnson City, and Kingsport—were est while ensuring no one company can of the television we see in any part of grandfathered. If this resolution monopolize any one medium of commu- the country is to suggest that you be- passes, potentially they will no longer nications or limit any American’s abil- lieve limiting, say, Fox Corporation to be able to provide local news. ity to access information. the 35 stations it owns today versus the You also have in the Lynchburg mar- I will conclude by asking my col- 40 or 42 or 44, or some number it might ket the local television station and the leagues to oppose this resolution, stand own at a future date with the new regu- two local newspapers, the Lynchburg strong for freedom, and support the lations, that somehow that would af- and Danville papers. Both of these FCC. Don’t foul up. Look forward. fect the quality of the programming we media sources have been permitted to Look forward into the reality of oppor- see. I think that is ridiculous. I don’t combine resources, and that has led to tunity today in America. Let’s move think that program quality would be expanded news coverage and increased forward with that rational, logical ap- improved if we forced NBC to get rid of program offerings for their customers proach promulgated by the FCC. 8 of its 29 stations or 10 or 12 stations and constituents. I yield the floor. within the limits that we are talking I am increasingly convinced by these The PRESIDING OFFICER. Who about that any one of these companies successful examples in Virginia—this is yields time? owns. I don’t think it would in any way not theory but it is fact—that we Mr. ALLARD. Mr. President, I sug- affect the quality of television. should be relaxing the newspaper cross- gest the absence of a quorum. I am the father of three children. I ownership rules and regulations. If this The PRESIDING OFFICER (Mr. am as frustrated as any parent about resolution passes, it will harm the abil- CHAMBLISS). The clerk will call the the search for good quality program- ity of these voices and these markets roll. ming. I am frustrated about the poor to be able to pool their resources for The assistant legislative clerk pro- quality of programming that is often more effective and better reporting and ceeded to call the roll. put on television in the prime time production. I think these FCC rules, by Mr. SUNUNU. Mr. President, I ask hour. But that is the nature of modern the way, preserve the key, core prin- unanimous consent that the order for media—whether it is cable or radio or ciples of localism, diversity, and com- the quorum call be rescinded. television or even newspapers. We are petition. The PRESIDING OFFICER. Without not all going to be happy as Americans A duopoly—local TV cap. I was vis- objection, it is so ordered. with everything that comes across the ited by several constituent station Mr. SUNUNU. Mr. President, I rise in channels. managers from the Shenandoah Valley, opposition to the Dorgan resolution. At the same time, I very much sup- Roanoke area, and Bristol. They raised This is a debate and an issue that does port the process that the Senator from the local television ownership rule bring us in touch with a number of the North Dakota is using here, the Con- which, if this resolution were to pass, important issues discussed by the Sen- gressional Review Act. I think it does would restrict ownership of more than ator from Virginia: free speech, media bear some emphasis because some peo- one station in a market with eight concentration, consolidation. It cer- ple have come to the floor and have voices or fewer. tainly affects our media markets and These small, local television man- the shape of those media markets for been somewhat critical of the process agers confirm that revenue and facility years to come. But, at its heart, this is being used here—using the Congres- sharing would help keep struggling sta- really a question of regulation, a new sional Review Act resolution to repeal tions afloat in small markets and actu- set of regulations, a different set of a regulation that a Member of Congress ally, and logically, would improve the regulations put forward by the FCC, or a Member of the Senate doesn’t like. quality and diversity of programming dealing with who can buy, who can own But that is exactly what the law was currently available to viewers. different kinds of media outlets—news- intended to do. It is certainly the prerogative of the papers, TV, radio stations, and the It is a law that was passed, I am Senator from North Dakota to use the like—and what kind of limits we are pleased to say, when Republicans took Congressional Review Act and bring be- going to put on them. control of Congress back in 1995. They fore the Senate this resolution of dis- So it is a debate about regulation and said we ought to have as a Congress— approval. At issue are some of the how much regulation is the appropriate as a House or as a Senate—a way to founding principles of government: amount on the part of the Federal Gov- register disapproval; to repeal regula- Freedom of speech and the press, free- ernment. To what degree do we want tions that are put forward all the time

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.073 S11PT1 S11398 CONGRESSIONAL RECORD — SENATE September 11, 2003 by very large bureaucracies, or dif- peal them or reject them. I believe deed—there has been no connection ferent branches of the executive regu- there are several negative con- shown between localism and a larger lating commerce, or regulating the en- sequences of repealing these rules, concentrated owner of these stations. vironment, or regulating the forestry which I will speak about at the end of Simply because a TV station is owned issues, or, in this case, regulating the my presentation. by one of the larger corporations does media. It is a very appropriate use of First, we are talking about a pro- not mean it shows less local program- the act, but it is a resolution with posal that will take the current 35-per- ming. It is a very important point. which I strongly disagree. I will talk cent cap to 45 percent. This has been studied. You can look at about those reasons this afternoon. What does the 35-percent cap mean? it empirically, look at NBC, Fox, or We are here obviously because the Is it 35 percent of the television market ABC-owned stations, and measure how Senator from North Dakota has sub- share? It is not 35 percent of the tele- much local programming they put on mitted this resolution of disapproval, vision viewers on any particular night any given day and compare it to inde- or rejection of these new regulations, or any particular hour. It is not 35 per- pendently owned stations around the but the regulations were put forward in cent of the television station. It is a country and measure how much local the first place primarily because of a cap on owning stations that can reach programming there is on any given couple of issues. 35 percent of the population, the im- day. There is no difference. To the ex- The first was in 1996. The Tele- mense concentration that we hear tent there is a difference, one of the communications Act sets the guide- about. Take NBC, for example, which most comprehensive studies the FCC lines under which the FCC acts; that owns 29 television stations. That is less relied upon showed a slight increase in calls on the FCC to reconsider regula- than 2 percent of the number of full- local programming among those owned tions that do not serve the principles of power television stations in the coun- by the larger media entities. localism, competition, or diversity, try. I think they are the largest owner Localism is important. To be sure, and doesn’t seem necessary to promote of stations. Perhaps Fox Corporation the FCC maintains its ability to press these competitive forces, or to serve may own 35 stations, close to 2.5 per- for and emphasize localism, diversity, the public. cent of the full-power television sta- and competition when they make deci- The 1996 act actually calls on the tions. This is just a limit on the sions of who can and cannot purchase a members of the FCC to do exactly what amount of viewers you can reach if license. And all of the purchases of li- they did; that is, reconsider these regu- every viewer out there happens to be censes—radio, TV—are still subject to lations and modify them if they believe watching your station. FCC review and still subject to anti- it is in the public interest and the right If you look at, as I said, the number trust laws that govern monopoly power thing to do. of stations that are owned, we are talk- in this country. So that is one of their Second, related to that legislation ing about a very small number on a regulations. Probably the one that gets but even more current is the action of percentage basis. Opponents of the the most discussion is the movement the courts recently. The courts struck rules and supporters of this resolution from a path of 35 to 45 percent of the down or remanded several of the media will say, well, let us talk about the six audience that could be reached by all big companies. Those six big companies regulations—in particular, the 35-per- the stations. cent cap which we will talk about—and control 75 percent of the television The second regulation that received a called on the FCC to either revise or viewers. lot of discussion is the issue of cross- First, to suggest you are being con- justify the regulations that were on ownership, whether you can allow a trolled when you choose what you want the books. company that has a newspaper to also to watch on television any given night, So you have two forces coming to own a TV or radio station. Here we ac- I think, misunderstands what tele- bear. I am sure the FCC Commissioners tually have cases we can look at. The vision viewers are all about. But even weren’t dying to throw themselves into FCC did look at it and asked the ques- if you look at those numbers—six com- the issue, but they were called upon ef- tion, Where cross-ownership occurs, are panies, 75 percent of the viewers—let us fectively to do so by the courts and by localism, competition, and diversity go back 20 or 30 years; it used to be the legislation that this very Congress that there were three companies which poorly served? Do we have problems? passed in 1996. had 90 percent of the viewers. I think Do we have conflicts of interest? Do we These are proposals—I think as the things have changed in that regard for see a reduction in the responsiveness of Senator from Virginia discussed— the better. But the numbers are even the media outlets to local community which were very long in the making. It more striking if you break them apart needs? We can look at existing evi- was not a spur of the moment rec- further. dence because there were 40 markets ommendation or a spur of the moment Those six companies may have 75 per- that were grandfatherd by the FCC, 40 change in regulations. For 20 months, cent of the viewers because their shows markets where entities already engage there were deliberations, collecting happen to be popular, but they have in cross-ownership. There was no harm comments, soliciting comments, and fewer than 25 percent of the channels found by the FCC. That certainly does several hearings that took place. Peo- that would typically come through not mean everyone is happy with ev- ple came forward and spoke for and your cable or your satellite outlet. erything that newspaper or radio sta- against different rules and for and On that cable dial, all channels are tion or TV that has cross-ownership against different concepts for changing created equal. We used to be segmented produced. I am sure we will hear from those rules and to argue their point of in VHF and UHF. But today a majority Members that might in their remarks view—to argue the very reasons they of people receive their television speak to personal experiences where thought a change in the existing rules through cable or through satellite. they do not feel they were treated well might be in keeping with the goals of Channel 85 and channel 42 are just as by a newspaper or radio station. That the 1996 act and the three principles of likely to attract viewers, depending on is unfortunate for them. localism, competition, and diversity. the quality of their program. But that is the nature of the coun- There was a thorough process, not It is a pretty fair fight when you try’s free media and free markets. It is one that was without any disagreement think about it—pretty fair competition something that ultimately, when we but a great country, a strong country, among the dozens of stations on the get over the personal feelings, every and one where we take great pride in dial. Those six companies only control member of this Chamber is proud of, our ability to debate and discuss these or own fewer than 25 percent of the that this country allows such a free issues with one another. channels. There is greater competition and open media. Let me talk about three of the pro- in that regard and greater diversity in Again, where cross-ownership issues posals and the reasons I think at the that regard not only than we had 30 come into play and purchases of TV or end of this very thorough and very years ago but, quite frankly, than most radio station and all spectrum come complete process, resulting in the rules people could have imagined 30 years into play, the principles of localism, put forward by the FCC, the reason I ago. competition, and diversity will be pro- think the rules make sense, and why I With all the discussion about local- tected, but antitrust provisions still don’t think we should be rushing to re- ism—it is a very important thing, in- hold. That is important to remember.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.075 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11399 A third and final area of regulatory localism, competition, and diversity, This is an important debate. I appre- change or regulations that has been but they do need to evolve with the ciate being given time to talk on these discussed in this debate is radio owner- changes in technology. issues. I do hope my colleagues step ship. There is a little bit of irony here A third and final concern if this reso- forward to reject this resolution, al- because this is something that cuts lution were to pass was raised by FCC though, as I say, I certainly respect the close to home for the Senator from Chairman Michael Powell in a piece he way in which it has been offered and North Dakota, the celebrated case in authored yesterday or today for publi- the process the Senator from North Da- his State where one company was able cation. That is, it could well portend kota has gone through to get us to this to acquire six or seven radio stations the end of free TV. Rolling back these debate. that all covered one particular region regulations with the passage of this act We respect the ideals of free speech, of the State, a very clear case of domi- could result in the end of free TV. It of democracy, and we work to promote nance of radio in a particular region of sounds like a pretty dramatic claim. I the idea of competition and diversity the State. But with regard to radio think it bears some additional descrip- in media ownership. I believe that is ownership limits, the FCC actually tion. How could that be? exactly what the FCC has done and at- tightened the regulations. There is no Free TV depends on advertising for tempted to do in crafting these regula- change to the regulations on the num- its revenues. Cable TV depends on both tions. I hope we will reject this resolu- ber of stations you can own in a par- advertising revenue and cable subscrip- tion and continue to move forward in a ticular market in an attempt by the tions—monthly fees or per-show fees thoughtful way, and to a world and to FCC to actually tighten the definition paid to watch programming. Simply an age of technology and media that, of market areas in order to prevent put, that is a better business model. frankly, we can’t quite picture today that unfortunate situation from hap- Anyone can see that. Pay TV has a bet- which will be exciting, will provide op- pening again. ter, stronger, more robust business portunities, and will continue to pro- We can critique the radio stations or model. If you do not believe it, look at mote the ideals of free speech upon the large radio station owners, talk the migration of so-called quality pro- which this country was founded. about their business practices or things gramming—sports, entertainment, I thank you, Mr. President, and yield we liked or disliked about them, and even certain forms of news program- the floor. there are important points to make, ming from free TV to cable TV over the The PRESIDING OFFICER. Who but they do not really have any bear- last 3 or 4 or 5 years, let alone the last yields time? The Senator from North Dakota. ing on this debate because even if this 10 or 15 years. Go back 10 or 15 years, Mr. DORGAN. Mr. President, this has CRA provision offered and were to pass, it is a wholesale migration, but you been an interesting discussion on the there would be no significant modifica- can see changes in the last 3, 4, or 5 floor of the Senate today on an issue tion to the radio ownership structures. years. that I think is very important and one If the resolution passes, it does have If we repeal the rules, we create a that will affect the life of every Amer- a number of other counterproductive tougher competitive environment and ican citizen. It is complicated and dif- effects that concern me. First and fore- more restrictive competitive environ- ficult to understand. In some cir- most, it would surely send these issues ment for the free TV networks or sta- cumstances, it deals with cases of law back to the courts. That is one of the tions. You put them at a competitive in Federal court, ideals with arcane reasons—not the only reason but one of disadvantage relative to cable and pay rules, and the history of the Federal the reasons—the FCC acted in the first TV. So the acceleration and the move- Communications Commission with re- place because the courts had said there ment of that so-called quality pro- spect to broadcast ownership. So it has is no justification for the regulations gramming to cable TV will only accel- all of those aspects. as currently structured. So if this reso- erate and make it tougher and tougher I respect the fact there are those who lution passes and were to pass the to sustain any level of quality among feel strongly on the other side of the House and get signed into law—which free TV in the marketplace. issue. I believe very strongly, of course, is unlikely to happen, and I certainly I could be cynical and say, That is that the Federal Communications do not support it—if it were to be fine with me. I don’t care. I have cable Commission has created a set of rules signed into law, this would all be TV and I will still continue to get lots that will benefit the largest corporate thrown back into the courts and we of channels, lots of entertainment, lots interests in this country in broad- would have a very uncertain environ- of news, and lots of sports. Many peo- casting. I think they will, however, be ment for ownership, for media, for ple would argue, and part of me cer- a significant detriment to the Amer- evaluation, and for business. Whether tainly would argue, that there is a ican people. you are an entity large or small, inde- value and a benefit to free TV espe- I was sitting here thinking about the pendent or corporately owned, it would cially in those areas of our country issue of radio and television. Of course, create an uncertain marketplace. that are at an economic disadvantage, we have not had radio and television in Second, this resolution turns back where cable TV does not have the pene- the lives of humankind for very long. It the clock. I don’t believe that is a good tration of urban areas and where peo- is a relatively recent phenomenon. And thing, in that turning back the clock ple simply cannot afford to pay for I was thinking of the statement that would ignore the enormous changes we cable TV. was attributed once to David Sarnoff. I have seen to the industry over the last Those are serious considerations. The don’t know for sure that it was his. But 10 years, let alone the last 20 or 30 effect of free TV, turning back the he was asked to comment about the ad- years. A number of the regulations clock with regard to the evolution of vent of the radio when he was pre- that are modified or adjusted by the technology and throwing the issues sented with this new invention, and he FCC date back 30 or 40 years to their back into the courts, all of those would said: ‘‘The wireless music box—which original crafting. be cause to reject this resolution in he called it—has no imaginable com- I know it is difficult to picture what and of themselves. mercial value. Who would pay for a the state of television was for many of But on top of that, we see that the message sent to nobody in particular?’’ the younger Members of the Chamber, radio ownership regulations are effec- That was his vision of radio. But, of but I amaze my children constantly tively untouched. Cross-ownership has course, radio has become a very signifi- when I describe it in a world where you already proven its ability to work in cant feature in our lives, and television had to walk across the room to change the marketplace without harming the as well. the channel on your television. I am principles of localism, competition, Television is a central part of the old enough to remember those days and and diversity. And the adjustment lives of many Americans. I am told they seem not so long ago, indeed. from 35 percent to 45 percent of na- that when children go to school in this Times have changed enormously. Regu- tional ownership cap, I would contend, country, by the time they are a senior lations dealing with this industry and is modest. It is very modest, indeed, in high school and graduate from with the media markets need to be up- when you look at what the true market school, they have spent somewhere dated to keep pace with the evolution share numbers are and the number of around 12,500 hours sitting in a class- of technology, to protect the values of channels. room in our schools and around 20,000

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.077 S11PT1 S11400 CONGRESSIONAL RECORD — SENATE September 11, 2003 hours in front of the television set. It of the Senate but never anything quite want all the hamburger stands in our tells you a little something about the as entertaining as that. But it is so far name. We just want to call all those importance of television in the lives of from fact that it is almost hard to re- hamburger stands ‘‘The World’s Best at least children. spond to. Burger Stands,’’ and we are going to Let me respond to just a couple of The FCC, we are told, in another ar- buy them all. That would be awful, the thoughts that have been expressed gument, did what the court said it had would it not? It would not affect our by my colleagues. My two colleagues to do. The court said: The rules you lives very much. We might have indi- who just spoke are on the Commerce have on broadcast ownership cannot be gestion once in a while, and there Committee, and on the Commerce justified. You must change them. would be no variety. Somebody would Committee they supported the FCC and That is not what the court said. I probably say it violates the antitrust believe these rules are appropriate. have what the court said in my hand. laws for a company to own them all, They indicated, for example, that in The court said: ‘‘It is entirely possible but I wouldn’t have an apoplectic sei- many ways these rules are for the pur- that the Commission will be able to zure on the Senate floor because I don’t pose of protecting—they don’t use the justify a decision to retain the cap.’’ It stop at those stands much. term ‘‘mom and pop,’’ but let me use just said that in the response the FCC But what about instead of hamburger it—this is really for mom and pop tele- provided, it did not provide the jus- stands, we talk about information? In- vision stations—you know, the little tification. It did not say: Go change formation is what makes a democracy guy. It is helping the little television the rule and give the largest corporate work. What about the control of infor- station out there that you know is interests everything they want. It said: mation in fewer and fewer and fewer going to go by the wayside if we don’t Justify it. hands? Is that something we should be let the big guys buy them up, I guess is The FCC did not even appeal the concerned about? Yes, of course. That the contention. court’s ruling, and now has not tried to is something that is important. They In fact, Commissioner Powell has an justify it. It just said: Well, apparently say, well, but the market system op-ed piece in the Wall Street Journal the court said we must cave in here should make this judgment. Look, that today. He begins his Wall Street Jour- and decide that there is a kind of market system is wonderful; it is a nal op-ed piece by saying: ‘‘The days of ‘‘Katie bar the door’’ limit, and we will great thing. free television may be numbered.’’ do what the big interests want. I used to teach economics briefly. I That is Commissioner Powell in to- Again, this is a regulatory agency taught about the market system. I love day’s Wall Street Journal. And he uses that ought to be concerned about the the market system. It is a wonderful the title ‘‘And That’s the Way It Is.’’ I public interest but, in my judgment, allocator of goods and services. But it guess that suggests Walter Cronkite, with respect to these rules, is not con- is not perfect. That is why we have reg- who actually opposes what Commis- cerned much about the public interest. ulators and regulations. Under the sioner Powell is doing. ‘‘And That’s the My colleagues say: This is all about market system—Judge Judy, that Way It Is.’’ the market system and the Constitu- woman on television with an attitude, The days of free television may be num- tion. The first amendment says you gets $25 million a year. Good for her. bered. have the right of free speech and the That is the market system. Judge Interesting. This rule is nothing right to buy what you want to buy. One Rehnquist, Chief Justice of the Su- about free television. It certainly is of my colleagues talked about being preme Court, gets $180,000 a year. That nothing about mom and pop. It is noth- able to acquire property you want to is the market system. ing about saving small television sta- acquire. A shortstop for a Texas baseball tions. Its point is that we are in the That is not an inalienable right in team makes the same amount of midst of a lot of change that has a dra- this country. We have things such as money in a year as 1,000 elementary matic impact and the only way the tel- antitrust. We have laws dealing with school teachers. Good for him. Is that a evision industry can make it is to antitrust. When somebody wants to market system judgment that you allow this concentration. steal from you by creating a cartel and think makes sense? I don’t. But that is Well, perhaps we could just separate jacking up the price, that is called the market system. some fact from fiction. There is no evi- stealing. It violates the law, and we The market system is not perfect. In dence anywhere that the television in- put people in jail for it. So you do not circumstances where you are dealing dustry or television stations or mom have an absolute right to do whatever with ideas, and the free flow of infor- and pop stations are in any kind of fi- you want in the marketplace. mation in a democracy, we need to be nancial trouble. We have a substantial We have had some experience with concerned about making certain that amount of evidence, in fact, that that this over time. The most recent experi- we don’t have fewer and fewer people, is not the case. ence, of course, is the Enron Corpora- fewer companies or institutions, deter- Let me quote Barry Diller, who is a tion. And I suppose some of those mining what we see, read, and hear in giant in this industry. He recently Enron folks are going to get 2 years of this, the greatest democracy on Earth. said: ‘‘Anybody who thinks the net- hard tennis at some minimum-security That is what this is about. works are in trouble hasn’t read the institution some place. I mentioned earlier that there are profit statements of those companies. Some of them are still waiting to see some trashy things in the media. I The only way you can lose money in if indictments and charges will come. talked about the television programs broadcasting is if somebody steals it Hundreds of millions of dollars were that my colleague, Senator Nunn, from you.’’ That is Barry Diller. bilked from people because of con- talked about on the floor of the Senate. The Wall Street Journal reports that: centration in the marketplace monop- I could have updated it and used the Fox’s president for sales said, ‘‘We all oly, pricing, and so forth. same things for this year or last year. knew that it was going to be big, it just Look, the point is this: If, in this cir- I should hasten to say, however, there turned out to be the biggest year that cumstance, what people see, read, and are also some wonderful things. I don’t we had ever had.’’ The chairman of Fox think is controlled by fewer and fewer want to just tarnish an industry. I Entertainment noted that Fox will interests, it is, in my judgment, detri- think there are wonderful things, grip- generate significantly more revenue mental to the democratic way of life ping things, things with such incred- this year than in its previous 17 years, and system of government that we ible, utter beauty that you can hardly with revenue growth up more than 20%. have because the foundation of this describe them, on television and on the So free television in financial trou- system of government is the free flow radio. It is really quite remarkable. ble? I don’t think so. It is interesting of information. Some of the things that we are able to hear this discussion, that somehow Now, if somebody decided tomorrow, to see and experience are great. I don’t the rule the FCC has developed—that is look, we are going to buy up all the want anybody to think that I am some- really just a high dive on behalf of the hamburger stands in America, and in- body who doesn’t watch television, largest corporate interests—is being stead of driving down the street and doesn’t appreciate television, or radio. done in order to save the little guy. I seeing a McDonald’s or a Burger King I just want there to be some vibrancy have heard a lot of things on the floor or a Wendy’s, one company decides we with respect to the use of the airwaves,

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.080 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11401 which belong to the American people hometown. It is still the closest tele- read the names of the programming, and are licensed to companies. I want vision station now. It was 60 miles and yet if you tune in some evening, there to be vibrancy with respect to away—KDIX television in Dickinson. when your television set comes on you serving the local communities they As television stations developed, they will see someone standing in front of a serve. The reason we license a radio were locally owned. The only way they bowl of maggots and they are begin- station in a community is to be respon- got a television station in Dickinson is ning to eat this bowl of maggots. I for- sive to local needs and interests in that folks in the region put in money. They get the name, ‘‘Fear Factor’’—it is one community. It doesn’t attach at all asked people to contribute $100. So my of those shows. I have only seen it mo- when properties are purchased by com- dad contributed $100. He was one of a mentarily. panies that only want to run homog- lot of people who contributed to build- When I saw somebody trying to eat a enized music from a thousand miles ing a television station in Dickinson, bowl of maggots, I thought: It is a good away. They are selling advertising and ND. So we had localism, local owner- thing there is an off button on the tele- making profits, but they don’t do any- ship. vision set. Maybe there ought to be an thing with respect to the localism re- But that has changed dramatically. off button with the person who owns quirements in those local commu- The question is, Do we want it to the local broadcasting company saying: nities. That bothers me. change more? Do we want most of our I happen to think that is not the pro- I offered this amendment with my properties in broadcast radio and tele- gram I want to sell in Tallahassee, FL, colleagues, Republicans and Demo- vision to be owned from a thousand or Chattanooga, TN. What I would like crats. This isn’t a partisan or political miles away? Do we want, in most of to do is put on an alternative program issue in any way. Senator LOTT from our big cities, the dominant newspaper that I think is better than someone Mississippi and I, and many others, in- to own the dominant television sta- eating maggots. cluding Senator KAY BAILEY HUTCHISON tion? Do we want, in most big cities, to You know what. They cannot do and others, have been very concerned have one company own three television that. I described earlier letters from about what is going on with respect to stations, eight radio stations, the dom- local stations who say: We can’t do concentration in the media. This battle inant newspaper, and the cable system? that. So the more stations you get that has shaped up in the FCC to write Does anybody think that will benefit under this umbrella, under single own- a new rule is a battle between the pub- the consumers of this country? The an- ership, the less opportunity anybody lic interest and the special interests. swer ought to be no to those questions. anywhere at any time will have to say: Frankly, the special interests won That is not what we want or expect I don’t happen to like that program. everything. They won the whole pot. from the FCC. It is not the direction You might have put it together in the By that, I mean it was put in the mid- that we anticipated when we created recesses of a closet in Hollywood some- dle of the table and they turned over a the 1996 Telecommunications Act. place where you thought it was won- card and the FCC said: You win, big in- Mr. President, there is a lot to say. I derful, but back in our hometown, we terests; you get it all. want to correct one other thing with think it is trashy. I don’t want to play We have a procedure called the Con- regards to the discussion about the it. I want to play something that more gressional Review Act by which we quality of programming. Somebody reflects the values of our hometown. can, as the Senate, vote on whether we talked about the quality of program- They cannot change it. If you want want to disapprove this rule. I want the ming and said network-owned stations, more of that, if you want to move more Senate to decide that now in this time where you have one big owner, you get in that direction, then you ought to we will say to the FCC that we dis- higher quality programming from vote to sustain the FCC. Like a cheer- leader, shake some pom-poms, jump up approve of that rule. That rule is not in those folks because they have the in the air and say: We really like what the public’s interest. That rule is not money and they are big shots and they you do; bigger is better. Katie bar the what we expect this regulatory agency have it all going. They are producing door, let them have anything. Let’s to do on behalf of the American people. great things. I mentioned earlier, I come from a Well, here is something I think is in- have one big company give us a crook- very small town. We didn’t have a teresting. Two organizations, NASA ed smile every morning and say: We are radio or television station. I come from (Network Affiliated Stations Alliance) for America, and we decide what you ought to see, what you ought to hear, a town of 350 people in a southwestern and the National Association of Broad- and what you ought to read from Sun- corner of a sparsely populated State. casters (NAB), were highly critical of a day to Saturday. Don’t like it? Tough North Dakota is a wonderful place, but study that the FCC did on the quality of news programming between affili- luck, we own it all. we have 640,000 people spread out in a If that is your philosophy, then you ates and network-owned stations. landmass the size of 10 Massachusettes. need to vote for this resolution of dis- While the original study indicated that The nearest television station to where approval. But if you believe in enter- I grew up was 125 miles away. The first network-owned stations did better prise, in local control, in owning up to television in our little town was at a than affiliates because they won more the responsibility we have given those place called the Regent Garage. The awards, NASA and NAB demonstrated who own local stations, if you believe people in town—at night, especially, that the conclusion was untrue once in that, then you ought to vote for this because that is when you can catch dis- the study was adjusted to take market resolution of disapproval. parate signals being broadcast—would size into account. After controlling for Mr. President, I yield the floor. gather at the Regent Garage. With this market size the data showed that inde- Mr. REID. Mr. President, the Federal one television set—the only one in our pendent affiliates outperformed net- Communications Commission regula- town, they would all peer into that set work-owned stations on all measures of tions must serve the public interest by and see this grainy, snowy vision com- news quality. Affiliates win substan- guaranteeing that a wide range of local ing from Bismarck, ND, 125 miles tially more Dupont awards and sub- voices can be heard and by promoting away. stantially more Peabody awards. In ad- competition in the marketplace. Occasionally, there would be some dition, the Project for Excellence in As a public trustee, the FCC has a sort of a skip and they would pick up Journalism study showed that affili- duty and obligation to include the pub- professional wrestling from West Vir- ates are superior to network-owned lic in its decisionmaking process. That ginia, or a strange program from way stations in terms of news quality. I was not done in this case. out East. The people in my hometown think that is important. I support this resolution that has thought it was just incredible. The peo- Finally, it is also important in the been engineered by Senators DORGAN ple began to get television sets. It context of what kind of program is and LOTT because the FCC did not hold wasn’t just the Regent Garage; they going to come into your community. Is a single public hearing to present its got sets in their homes. So it has gone it going to be programming that some- proposed rules for comment. Chairman for some 60 years. one in your community can decide they Powell refused to hold a hearing even There wasn’t any question years ago do not want? We see the programming after Commissioners Copps and about localism. When stations were de- these days on some of the national Adelstein personally requested such a veloped, one developed closer to my shows. It is almost embarrassing to hearing.

VerDate jul 14 2003 00:42 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.083 S11PT1 S11402 CONGRESSIONAL RECORD — SENATE September 11, 2003 Even though the FCC’s flawed proc- the American people from the ill-ef- can’t vote on Monday. If we can, we ess makes it impossible for me to sup- fects of concentrated media power. Al- will, and dispose of that serious nu- port its action, I am deeply concerned ready, in television and in print, large clear amendment—antinuclear devel- about the situation in rural commu- media conglomerates control an alarm- opment amendment. If not, we would nities where many TV and radio sta- ing amount of what Americans see, do it on Tuesday. tions are struggling. read, and hear. In fact, 75 percent of But I hope nobody intends to use this The FCC cross-ownership provisions what Americans watch during prime bill as a Christmas tree for authoriza- would enable a newspaper to more eas- time and 90 percent of the top 50 chan- tions. I can assure them they will meet ily acquire a troubled and failing nels on cable are controlled by just 5 great resistance from this Senator. broadcast station in situations where media companies. This is not an authorization bill for it might not be cost efficient for an- Against this backdrop, the FCC’s de- electricity. That is somewhere else, an- other entity to purchase the station. cision to allow greater concentration other bill. It is in the conference. We Newspapers have the business exper- of ownership is clearly a step in the have already voted. We will not con- tise, the financial stability, and the wrong direction. If allowed to go into sider that, and if we do, it will not news-gathering resources to supple- effect, these rules will result in fewer matter because I will not bring back ment local news and informational pro- creative outlets for independent tele- from conference any energy amend- gramming. If the FCC and Department vision and content producers; higher ad ments that belong on the authorization of Justice have determined that a rates for large and small businesses; bill, creating the policy for the energy transfer of title would serve the public fewer antagonistic sources of news and future of our country. interest and would not present an un- opinion; and less air time for commu- With that, I move now to the busi- fair market advantage, newspapers nity groups. In addition, there may be ness before the Senate. should be permitted to use these growing reluctance by local station op- Today the Senate is going to consider strengths to serve their communities. erators to take on network executives one of the 13 appropriations bills. It is a small one, but it is a very important Although pre-June 2 newspaper- in rejecting nationally produced pro- one. We worked very hard this year to broadcast cross-ownership prohibitions gramming that violates community put together what we think is a fair provided for a waiver that would allow standards. a newspaper to purchase a failing Some Members contend that ‘‘[t]here bill under extremely difficult cir- cumstances. This fiscal 2004 allocation broadcast company, only four such should be reasoned debate on each of to the subcommittee is $27 billion, an waivers have been granted in the past the rules’’ rather than disapproving the amount that is only $367 million over 28 years. entire package. I fully agree that there the President’s request. This situation Under the current cross-ownership should be reasoned debate on each of posed a daunting challenge to the sub- provisions, the smallest broadcast mar- the rules. That is exactly what I, along kets would be protected from monopo- committee. with 14 other Senators, asked FCC Let me put that in context. All of the lies, and a limited cross-ownership rule Chairman Michael Powell to do—to Members here know the President’s re- will remain in effect in markets of be- given Americans the opportunity to re- quest dramatically cut water projects. tween four and eight broadcast compa- view and comment on the specific rule The occupant of the Chair knows nies. changes before any final decision by that—it cut water projects well below The FCC newspaper-broadcast cross- the FCC. Our request was denied. the current year level and left out ownership rules will benefit commu- While recent action by the Third Cir- many projects we had to do. nities in Nevada. For this reason, I sup- cuit Court of Appeals in staying the Furthermore, the President proposed port the cross-ownership part of the implementation of these new rules is to fund a portion of the Corps of Engi- FCC’s action. an encouraging sign that these changes neers budget, an amount of $145 mil- I hope the final outcome of this will may not survive judicial scrutiny, we lion, in a way the Congressional Budg- be to drop the number of stations a in Congress should not rely on court et Office says is not permissible. If it is company can own but allow the cross- action. Instead, we must act decisively not permissible and we did it, it would ownership. This will not only stimulate to protect the public interest and to re- be subject to a point of order—even competition but will allow rural Amer- scind these recently adopted rules. though the Congressional Budget Office ica to have some of the programming f gives the President credit for the that simply will not be available unless ENERGY AND WATER DEVELOP- mechanism in this scoring request. a newspaper and/or a TV station join Thus, we have included a provision together. This is the way it is all over MENT APPROPRIATIONS ACT, 2004 that will make an additional $145 mil- America, not just Nevada. lion available to the Corps to spend on Mr. INOUYE. Mr. President, I rise The PRESIDING OFFICER (Mrs. the enactment of the provision in au- today in support of S.J. Res. 17, the bi- DOLE). Under the previous order, the thorizing legislation that is required partisan resolution offered by Senators Senate will proceed to the consider- under the rules of the Congressional DORGAN, LOTT, and others that would ation of H.R. 2754, which the clerk will Budget Office. We think that is the repeal rule changes recently adopted report. way to do it. by the Federal Communications Com- The legislative clerk read as follows: But for now, the long and the short of mission that, if allowed to go into ef- A bill (H.R. 2754) making appropriations all of this is that the President’s re- fect, could dramatically alter the for energy and water development for the fis- quest was $530 million below the cur- shape of the American media land- cal year ending September 30, 2004, and for rent year level for water projects, and scape. other purposes. we only received an increase from the The foundation of our democracy is Mr. DOMENICI. Madam President, appropriations process of $367 million. based on the free flow of information while we are now on this energy-water There is nothing that Senators and guaranteed by the first amendment. As appropriations bill, let me first thank House Members are more aware of than the Supreme Court explained more my friend, Senator HARRY REID from water projects in their home States. I than 50 years ago, the first amendment Nevada, as the ranking member of this do not know if they are as important ‘‘rests on the assumption that the subcommittee, for the hard work he as the Members think. But I only can widest possible dissemination of infor- and his staff put into this bill. We have tell you that if you are chairman of mation from diverse and antagonistic a great bill. The Senate will find that this committee, you cannot get by sources is essential to the welfare of out in the next 2 or 3 days. I am hope- without Senators stuffing your pockets the people.’’ Unfortunately, the FCC’s ful there will only be a few amend- with the requests and sending them to recent changes to its broadcast media ments. We kind of know what they are. your office, saying: Don’t forget; don’t ownership rules call into question that We do not intend to discuss them until forget. We have a pile of them. I didn’t agency’s commitment to this funda- those proponents come to the floor and bring them to the floor. There are more mental principle. offer them, but we know about them than a few hundred. On June 2 of this year, the FCC voted and we think we can have a serious de- The bill spreads the increased alloca- to significantly relax rules that protect bate Monday. I understand maybe we tion generally as follows:

VerDate jul 14 2003 01:43 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.086 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11403 An additional $233 million to the For nuclear nonproliferation activi- is very high. I didn’t think the cleanup Corps water projects; an additional $67 ties, it is important that we under- sites were supposed to be public works million to the Bureau of Reclamation stand this little bill funds $1.34 billion, projects. I thought they were supposed water projects; an additional $80 mil- which is the same as the President’s re- to be cleanup sites. lion to independent regional commis- quest, and $171 million above the cur- But there is a lot of justification and sions which were badly cut in the rent level. The committee continues a lot of reasoning, and we are not re- President’s request, such as the Denali its leadership role in countering nu- sponsible for all of them. But some of Regional Commission of Alaska, the clear terrorism. The budget request, them we have to fix, and we are trying. Appalachia Regional Commission, and coupled with $148 million added in last Then there is a great issue in the the Delta Regional Commission; and year’s supplemental, gives a strong State of my friend, HARRY REID, of we held the Department of Energy at boost to this highly important pro- Yucca Mountain. The project at Yucca just about the President’s request gram. causes the Senate to provide $425 mil- level. When we speak of terror in the world, lion for 2004 construction. That is $166 I believe—and I think Senator REID we now have almost stopped talking million below the President’s request, will agree with me—that this was the about nuclear terrorism because we and $32 million less than the current fairest way to distribute the very lim- speak so much about biological ter- level. But this project will be a major ited resources. It was the fairest in any rorism and chemical terrorism. But we point of contention in conference with the House, which has increased the sense of the word, and also in the sense cannot forget that the granddaddy of project by $180 million over the re- of the word of what our Members ex- all terrorist activities is a nuclear ter- quest. pect of us and what they can expect of rorist activity. This is a very important matter to us in doing our job correctly. Nonproliferation is the effort of our many members of the subcommittee, The bill provides $4.43 billion for the Government to try to keep the things each for various reasons, and it will re- Corps of Engineers. That is $233 million that people might use for nuclear quire additional work as we move above the President’s request but $212 weapons or to keep them out of the through the process. million below the current year’s level. hands of those who might put them to- For renewable energy research and We have included no new construction gether and use them. That is a big job. development, believe it or not, we even projects and have focused our resources This is a little bill with a lot of found the money—$459 million, which on restoring the cuts to existing con- money—$1.34 billion for that effort. We is $15 million more than the Presi- struction projects. have great laboratory people engaged dent’s request and $40 million more For the Bureau of Reclamation and in that. than this year—for renewables. related activities, the bill provides $990 Then there is the ‘‘Isn’t good news The committee funds the President’s million, which is $67 million above the provision.’’ We have been paying to new hydrogen technology initiative. President’s request but only $17 million clean up energy sites for many years. For nuclear energy research and de- above the current year level. These are the sites that remained from velopment, the bill provides $437 mil- For nuclear weapons activities of the the cold-war era in the development of lion, which is $447 million above the National Nuclear Security Administra- nuclear weapons and plutonium in var- President’s request and $63 million tion—known as NNSA—the bill pro- ious parts of America, such as the Sa- over a comparable current bill level. vides $6.47 billion, which is $96 million vannah River area, areas in the west The Members know this is a great pri- more than the President’s request and coast and Washington—environmental ority of mine as we continue to make $492 million over the current year cleanup sites. investments. I believe it will eventu- level. This bill provides an incredible ally result in the construction of a new The budget increases are consistent amount of money—$7.6 billion. But be- commercial power reactor, or more with a major Defense Department ini- lieve it or not, that is $62 million below than one, in the United States. We will tiative to restore our nuclear weapons the President’s request. For the first provide a total of $35 million toward complex. time in many years, it is less than the the development of a new reactor in Mr. President, I told you when we previous year—$238 million less. Idaho that could produce both elec- opened the bill that it was a small bill. The subcommittee was not required tricity and hydrogen. We are not alone But it has a lot in it. It pays for the to add huge additional amounts to in this goal and in this kind of project. National Nuclear Security Administra- maintain cleanup budgets around the Japan is on the way. Japan is substan- tion. That is the laboratories and the country. This is an unknown—almost tially ahead in terms of a timeframe administration. Among its charges is secret—success of this Department of for hydrogen engines in automobiles. making sure scientifically, with the Energy. They said they would do it Yet it is not something that will hap- science-based Stockpile Stewardship when they took office, but they have pen quickly. It is a few years away Program—meaning these laboratories been saying it as they took office in even for them, like 10, and, who knows, have to engage in all kinds and vari- that Department for 12 years, that I am more than that for us. But we had bet- eties of science—that they tell us our aware of, and each year it was more— ter get started since we know we are weapons are valid without testing not less. hugely dependent upon oil from foreign them. We finally have a couple of projects— countries. For most of our adult life we tested led by one in Colorado—which have Basic research for the Department of them, so we had no doubt. Great sci- timeframes for completion which is Energy: $3.36 billion, which is $50 mil- entists hooked them up and the great credible and near at hand. There are lion above the President and $88 mil- desert provided the test site. And we some that are going to go on for a long lion above this year. We talk about re- tested them. But we voted to quit it. time. But at least since this money search. We had a big debate last night We didn’t vote to stop having nuclear comes out of the defense of our coun- about research at the National Insti- weapons; we just voted not to test try, the Defense Department might be tutes of Health, a huge debate. We are them. hopeful that as they increase their de- researching the human body and the Somebody has the responsibility fense dollars we will not have to suck ways we might give health where the when you stop testing them to be in a away large amounts to pay for this bodies are sick and find solutions to ill- position of reporting to the Chief Exec- cleanup, although I am not yet making nesses that besiege us. We are spending utive and, thus, then to us whether the that as a promise because there are a a huge amount of money in that field. weapons are still valid. Some of them few of these sites for which we are not I think the figure was well over the $25 are 30 or 35 years old. I don’t know absolutely certain how long it will billion mark. whether they are 40 years old yet. But take and how much it will cost. But The other agency that does research, they are pretty old for nuclear weap- they have become extremely, ex- but in physics and other sciences, is ons. So somebody has to do that. That tremely expensive sites with thousands the Department of Energy. We do not is the work of the National Nuclear Se- of people employed. treat it right; we only have $3.36 bil- curity Administration and the labora- The frustration level for a Senator lion. That is $88 million more than last tories, and this bill has to pay for that. such as me paying for it year after year year for all of their research.

VerDate jul 14 2003 01:43 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.088 S11PT1 S11404 CONGRESSIONAL RECORD — SENATE September 11, 2003 The bill provides $48.5 million for the going to be fought over land but over energy earmarks. It is my expectation, Denali Commission, $58 million for the water. We have wars already taking as every year, that we will emerge with Appalachian Regional Commission, and place within the confines of our coun- Members’ projects in each of the ac- $7 million for the Delta Regional Au- try dealing with water. counts. thority, an increase of $5 million over Senator DOMENICI and I believe over In my view, we will accomplish three the President’s request and $1 million the long term we need to find addi- very important objectives with this below the current year level. tional resources for the Corps. The legislation. No. 1, we have been able to The bill also provides a total budget work they do for our Nation is too im- restore many of the ridiculous cuts of $619 million for the Nuclear Regu- portant to be underfunded in the man- made by the administration to the latory Commission, the same as the ner they are underfunded. Corps and Bureau. This President, this budget request and an increase of $41 Finally, $67 million in funding above administration, is not the only one million over the current year level. the President’s request was added to that has made these ridiculous cuts, Given the overall constraints, we regional commissions which were but that is not the way it is. For rea- worked hard but were unfortunately slashed in the President’s budget re- sons I do not fully understand, every limited to accommodating only the quest. While the funding for the Denali administration does such a terrible job highest priority requests of Members Commission, the Appalachian Regional of understanding the importance of the where possible. This is going to be a Commission, and the Delta Regional Corps of Engineers. Each year, we get a difficult year, but I look forward to the Authority is far below what is re- budget from a President that tremen- recommendations of other Members. quired, we have been able to improve dously underfunds these programs. Finally, the Senate should be fully matters significantly. While we were It reminds me of when I was chair- aware that the committee reported bill able to restore current year funding to man of the Military Construction Sub- includes a provision regarding the Mid- the Appalachian Regional Commission, committee. Every year, we got a re- dle Rio Grande River in New Mexico. I am disappointed we are unable to do quest from the President that did not The provision does two things. First it more for the Delta Regional Authority. do anything for the Guard and Re- prohibits the use of outer-basin water However, our funding constraints sim- serve—nothing. I don’t know what this for endangered species purposes. Sec- ply do not allow more funding to be re- country would have done if we had sent ond, it establishes how the Endangered stored at this point. the bill back they gave us. Every year, Species Act will be complied with for At some time there will be offered an the Congress bails out the administra- this river and the affected fish. This is emergency title fund for weather-re- tion on projects, programs relating to a very important provision that has lated, nationwide problems, and that is the National Guard and Reserve pro- the bipartisan support in the New Mex- what we have done while the bill is on grams. That is what this reminds me ico delegation and at the state level. the floor. I am prepared to muster of. I don’t know what the country Before I yield to the floor and my every vote possible to support this crit- would do if we sent the administration Ranking Member for his statement, I ical emergency package. There was a back the bill they gave us. But as would like to thank him and his excel- debate yesterday that took place, but a usual, we don’t have the resources to lent staff for all the effort he has put very cursory glance would recognize do more. forth in getting this bill put together. this is much different from what was We have a construction backlog with The PRESIDING OFFICER. The as- presented yesterday. We try to be fis- the Corps of Engineers and the Bureau sistant Democratic leader. cally prudent. We strive to be fiscally of Reclamation of $40 billion, but we Mr. REID. I join with Senator prudent. We were sent here to be re- have found enough resources to prevent DOMENICI in presenting this 2004 En- sponsive to the needs of the American the problem from becoming much ergy and Water Development Appro- people. Devastating floods, hurricanes, worse. The chronic underfunding of the priations Act. I am pleased with the tornados, and fires have hit so many Corps of Engineers prevents it from es- bill Senator DOMENICI and I have pro- parts of the country this year, requir- tablishing the critical flood control duced. Our relationship extends all my ing a response from the Congress. I am and navigation infrastructure of this time in the Senate on this committee. glad we are going to do so. We will Nation. We have done this bill seven or eight have bipartisan support for this emer- In the meantime, rather than me cycles. We have worked together a long gency request. going into a lot of detail, suffice it to time and have worked well together. As for fiscal year 2004 before the Sen- say that I believe this administration This has proven to be a difficult bill ate, I reiterate, as either Senator is doing the American taxpayer a tre- this year given the very tight budget DOMENICI or I do every year at this mendous disservice by sending woefully constraints within which we had to time, we have produced a bipartisan inadequate budget requests to Capitol work. Effectively, Senator DOMENICI bill that addresses the needs of the Na- Hill. In fact, I believe they are putting and I—I hate to use the word ‘‘effec- tion and accommodates many of the our economy at risk and putting peo- tively’’—we have worked well together. desires of our Members. We cannot give ple’s lives at risk. We have $367 million in new funding, everyone everything they need. That is No. 2, in this bill we have fully fund- which is hardly adequate to pay for the an understatement. We do the best we ed the National Nuclear Security Ad- many needs in this bill. can. Our subcommittee has always ministration, the organization charged We added the first $300 million to the been known as one of the most colle- with keeping our nuclear weapons Corps of Engineers in the Bureau of gial on the Hill. Our staffs have per- stockpile safe, secure, and reliable, and Reclamation. I am pleased we added formed this way this year in super with securing and safeguarding fissile $233 million above the budget for the fashion. I extend to Senator DOMENICI material abroad, particularly in Rus- Corps, but I note that we are $212 mil- my appreciation for his leadership in sia. lion below what we enacted last year. helping produce this bill. At a time when our Nation has never I realize with respect to staffs, they Additionally, I think it is useful to been more concerned about homeland have done the best they could do with let everyone know there have been cer- security, these programs are more crit- the limited resources. But we need to tain items deferred for consideration ical than ever. recognize that by underfunding the when we go to conference—that is, As I mentioned earlier, we are going Corps of Engineers, we are seriously with one exception—the same items we to send an amendment to the desk at a impacting how they accomplish the defer each year until we know what our subsequent time that will provide, on mission Congress laid out for them. final resources will be. We cannot do an emergency basis, $125 million in Project schedules will continue to be that until we complete our conference. Corps of Engineers funding to mitigate lengthened, the maintenance backlog So there are no new construction weather-related damages. Acts of God will grow, and solutions to water needs starts or new environment infrastruc- is the reason we are offering this emer- throughout the country will be de- ture projects for the Corps or Bureau gency amendment. There may be a few layed. and no university or hospital marks who oppose an emergency designation We must always remember, as many within the DOE’s Office of Science and on this portion of the bill, but this have said, wars in the future are not no geographically specific renewable funding is absolutely critical to the

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.030 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11405 parts of our country that have been or Bureau of Reclamation projects. amounts in this bill are not—no one devastated by floods, hurricanes, tor- Those projects are the engine that dictates to us what we do. We have to nadoes, and fires this year. drives this bill, and Roger does a won- decide what is best for the country. We Senator DOMENICI did a fine job of de- derful job of working through literally are not always right, but we really try scribing the bill, so I will not take up thousands of requests. to do what is right for the country. everyone’s time by repeating it. How- I also thank Nancy Olkewicz, who re- I also thank Chairman STEVENS and ever, before we close here today, I want turned to the subcommittee to handle Senator BYRD, who is also the former to take a moment to thank the staffs renewable energy, nuclear energy, the Democratic leader, for their steadfast for all their hard work. Office of Science, and several other support for the work that DOMENICI and This bill has never had the resources non-Defense Department of Energy ac- REID do. I have never had either one of needed to do what our Members would counts this year after having worked these people come to me and say: How like us to do. However, the staffs have for the full committee for a number of could you have done this? It is the always done the very best they could years. wrong thing you have done for the with what we had. Senator BYRD has spoken highly of committee. It is quite the opposite. Senator DOMENICI has always been Nancy. And I am very happy that she They come to us and say: How can we well served by his now-former staff di- has been willing to come here and work help? rector, Clay Sell. Tammy Perrin and with me on this bill, and also for Sen- So they are great to work with, these Erin McHale have also done a very ator DURBIN on the legislative branch two men. The President pro tempore of good job for the majority staff. bill. the Senate is Senator STEVENS, who is Clay left the committee at the end of Finally, I want to say a word about the successor of the President pro tem- July to become a Special Assistant to my staff director, Drew Willison. Drew pore when we were in control, Senator President Bush for Economic Affairs. is one of those people who came to the BYRD. And I don’t think it is appropriate to Senate as a fellow from a Government These two very wise men have very blame Clay for the just-announced defi- agency. This agency was the Environ- tough choices to make, but I have cits that we have. But I do say, on a se- mental Protection Agency. He worked great respect for the work they do, rious note, he is a fine man, and the with me, and he worked in the areas which has only been amplified by the President is so fortunate to have some- that he was not familiar with, but it way they worked with us on this bill. one of Clay’s stature working for him. didn’t matter; he was tremendous. The So I look forward to debate on this As I have indicated, he has been first year he came to work for me, we bill starting next week. Senator great to work with. He has been a tre- had a highway bill. I had been on the DOMENICI and I are disappointed we are mendous asset to Chairman DOMENICI. Environment and Public Works Com- not going to have votes on Monday. And my staff and I have nothing but mittee since I came to the Senate, and But, as some know, a terrible tragedy fine things to say about him and the he was the first person who was able to occurred in the Senate family. The son rest of Senator DOMENICI’s staff. impart to me enough information that of Senator GORDON SMITH, a wonderful I look forward to working with Sen- I fully understood what I was doing. human being, was taken in death this ator DOMENICI’s former Energy and As a result of that, I recognized tal- past Wednesday night. So as a result of Water staff director, Alex Flint, who is ent when I saw it, and I worked with that, there will be no Senate votes on now the chief of staff in the Energy and him to get him to leave the Environ- Monday. The Senate will be in session Natural Resources Committee, of mental Protection Agency. He has had on Monday, but out of respect for Sen- which Senator DOMENICI is the chair- a very busy time working with me. He ator SMITH, there will be no votes. man. Alex Flint is therefore working has graduated from law school while Senator DOMENICI and I have asked, here on this bill as the staff director of working with me, going to night and we have received word that Sen- the Natural Resources Committee, but school, which is very hard. He went to ator FEINSTEIN will offer her amend- also helping maneuver this bill through my alma mater, George Washington ment, which will be cosponsored by the Congress. And he can do that be- School of Law. Senator KENNEDY. They can be here at cause he has had previous experience In short, let me just say that Drew 2:30. We will see if the leader can agree being the staff director for Senator Willison is a valuable asset to not only that we can have them debate this DOMENICI. me but to our country. matter and set it up for a vote Tues- Alex Flint is a fine man. He is of the And let me say to Senator DOMENICI, day, at the discretion of the majority same caliber as Clay. Senator DOMENICI I appreciate many things about Sen- leader. I look forward to the debate. has been served extremely well by ator DOMENICI, but most of all his As Senator DOMENICI said, we hope these two fine men. friendship. He is a proud Republican. I people understand this bill is not a per- On my staff, Madam President, I am a proud Democrat. But first of all, fect bill. It is the best we have done. If thank Roger Cockrell. It was very dif- we are proud Americans. somebody has a problem, their staff ficult to do, but Roger agreed to leave He does a tremendous job of rep- should get ahold of our staff. We feel his lifetime job, really, with the Corps resenting the State of New Mexico. I we have bipartisan support, and we of Engineers and come to work for the have been with him to New Mexico. I have pretty much accomplished what Senate, the Appropriations Committee. have been to New Mexico without him. we have set forth in the bill. The mat- What a wonderful asset he has been to He is a person who serves that State ter Senator FEINSTEIN will debate is our committee. very well. something that, as far as we know, is Senator BYRD was elated we were As I have indicated, I thank Senator the only real contentious issue on the able to work this out so that he came DOMENICI very much for our many bill, and that relates to some of the nu- here. There is nobody in the Congress years of working on this committee. I clear money in this bill. Other than that knows more about the Corps of heard Senator SPECTER talk about he that, I think we should have a fairly Engineers projects than Roger and Senator HARKIN having a seamless easy time moving this most important Cockrell. So I publicly thank him for transition when things change in the bill through the Senate. We look for- making this very dramatic change in Senate, but so do we. Under the cir- ward to conference, which, again, will his personal life, leaving the career cumstances we have had this year, it not be easy. We have our position and that he has had. And I am sure they are has been extremely difficult. I am we will do our best to protect the posi- disappointed, the people at the Corps, happy to work with him and lock arms tion of the Senate in conference with but we in the Senate are elated he has and do what we can to push through the House. decided to join us on a permanent this most important piece of legisla- I yield the floor. basis. He does a wonderful job of han- tion. The PRESIDING OFFICER. The Sen- dling our water issues. Every dollar we have in this bill is ator from New Mexico is recognized. There are a handful of Senators who designated. We don’t have set-asides in Mr. DOMENICI. Mr. President, I are interested in the NNSA and other this bill. Senator DOMENICI and I and thank Senator REID for his kind re- DOE issues, but every Member has an our staffs work together to try to come marks. I think he knows that for each interest in the Corps of Engineers and/ up with a fair bill. These dollar and every comment he made, I have

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.102 S11PT1 S11406 CONGRESSIONAL RECORD — SENATE September 11, 2003 nothing but reciprocal feelings toward lated to work, one with the other, on a that terrible day: Gordon Aamoth, Jr., him. I thank him for his hard work and wafer. When you see it with a magni- whose parents are good friends of my for working with me to get this good fying glass, you say what in the world parents, an investment banker with of- bill. is next for humankind, and what are fices on the 104th floor of the World There are two things in this bill that they going to do with these? Nobody Trade Center; as did Ann Nelson, a are always misunderstood, and admin- knows yet, but it will be part of the bond trader. Others were killed at work istration after administration makes it next generation. Perhaps medical at the Pentagon: Captain Charles Bur- difficult. One is the Corps of Engineers. science will use them. Perhaps it will lingame, III, was the pilot of the hi- It is kind of amazing, whenever we get be injected into the human body and jacked American airlines plane which in trouble and we want somebody to these little machines will go to work struck the World Trade Center. Tom build something for us someplace over- and do things in the body, or for the Burnet was a passenger on United Air- seas, the Corps of Engineers is asked to body, such as clean out parts around lines Flight 93, and one who led the supervise it and manage it and hire the the heart by just eating them up. We counterattack against the hijackers on people and the contractors—whether it don’t know. But those are things that that plane. Tom and the other Amer- is in Saudi Arabia or Iraq. And then at are in these laboratories. We get ex- ican heroes could not save themselves, home, every President cuts the Corps cited when we hear and see them. but they may have saved us, as that of Engineers and leaves us in a position So when we fund these buildings, we plane’s target was reportedly this very where we cannot sustain those num- are funding something great for our Capitol in which I stand with you bers. So we have a bill that gets more country. People don’t believe us and today—alive, all of us, thanks, pos- difficult all the time. they think maybe we should not be sibly, to Tom Burnet and the other This year, the President didn’t do as doing some of it, but we have been gen- American heroes. badly; nonetheless, the same sequence erally prevailing. The Senate has been These were good, hard-working Min- was followed. We are trying to fix it saying let’s do it, let’s keep on. nesotans, good, hard-working Amer- somewhat. It has put us in the position Madam President, we are finished for ican citizens, who had the terrible mis- where we cannot quite do it. We will be the evening. We have nothing else to fortune to be living their lives in the talking with other people in the Senate do, and we have no indication that any- wrong places on that day, September about some very serious emergency body else wants to do anything. From 11, 2001. They have been forever taken matters, which are not covered here, my standpoint, I am going to finish away from their families and friends, that we might very much have the Sen- now. from their lives. So to those families ate consider putting in this bill. f and friends I express my very deepest Second, people don’t know we run condolences. three giant nuclear laboratories. That MORNING BUSINESS I remember leaving the Russell Sen- means we have to keep the best sci- Mr. DOMENICI. Madam President, I ate Office Building that morning, going entists in the world and their families ask unanimous consent that the Sen- over to a hotel just a couple of blocks living in the area, especially Los Ala- ate proceed to a period of morning away from the Capitol where I was re- mos, which is a city built only for nu- business. siding at the time, and I was asked by clear. That means we have to mod- The PRESIDING OFFICER. Without the general manager if I wanted to go ernize because scientists are living in objection, it is so ordered. up on the roof of the hotel, which I did, modern times. They want to work in Mr. DOMENICI. Madam President, I about 10:30 in the morning. The sky modern facilities, not 50-year-old build- yield the floor. was totally clear except for a dark ings. We are in the process of modern- Mr. REID. I suggest the absence of a plume of cloud coming up from the izing the workplace in Los Alamos in quorum. Pentagon. There was no air traffic in particular. Some don’t understand that The PRESIDING OFFICER (Mr. the sky, no planes going in and out of that is a must. We have to spend ENZI). The clerk will call the roll. National Airport, no helicopters, as is money to do it. In addition, as part of The assistant legislative clerk pro- usually the case, going across the maintaining a rigorous core of nuclear ceeded to call the roll. river. weapons, there are certain scientific Mr. DAYTON. Mr. President, I ask All was quiet there until suddenly activities these laboratories have to unanimous consent the quorum call be this one F–16 fighter plane came do, so they are always on the cutting dispensed with. streaking down The Mall, seemingly edge in terms of keeping these the The PRESIDING OFFICER. Without just a few hundred feet right over the most safe weapons. That means they objection, it is so ordered. top of the Capitol. I thought to myself, have to do research—the most cutting- f I just never imagined in my worst edge kind. You cannot have scientists nightmares I would ever see a day TELLING US THE TRUTH at Sandia Laboratory or Los Alamos where a U.S. fighter jet was flying over researching in depth a new science Mr. DAYTON. Mr. President, Sep- our Capitol to defend it from whatever called nanoscience in shacks or in 50- tember 11, 2001, was a day of infamy foreign enemy was attacking us. I pray year-old buildings. We are in the proc- that will rank down with the very to God I will never, ever see it again— ess of rebuilding modern facilities for worst, most cowardly and vile actions never again. this kind of science. We are going to ever taken against this Nation or any George W. Bush became our Presi- bring companies and individuals to other nation on this planet, a sneak at- dent that week. He hadn’t been elected work with these great scientists as this tack, murdering thousands—innocent our President, not in the traditional new field of nanoscience is developed. children, women, and men—with no way of a democracy, by getting the The same is true with micro- provocation, no forewarning, with no most votes in the election, but that engineering, which is another incred- justification or rational reason, just week he became our President. He rose ible field. We have to do that, too. the demented ravings and rantings of a magnificently to the enormous chal- They need to use some micro- fanatic who has perverted the principal lenges and burdens which a President engineering aspects in replacing parts teachings of his professed faith, of its of the United States must bear, and of nuclear weapons, to keep them safe. greatest prophet, Mohammad. He must often bear alone, for all the rest So we have to have facilities. We are in twisted Mohammad’s words into sup- of us. President Bush did that and he the process of building facilities—the port for wars, with himself to play God did it well, very well. He gained the greatest in the world—to take micro- and decide who deserved mercy and good will of our entire Nation, and our engineering and develop it. who did not. Nation gained the good will of almost Microengineering, to put it in a sim- Innocent civilians died in the United the entire world. ple way, is a wafer we use now for com- States as a result of that fanaticism. What priceless silver linings there puters. The wafer we are talking about His soldiers died on September 11. And were for all of us who survived those in microengineering contains on it he is off somewhere hiding in a cave. dark, terrible, black clouds which en- thousands of machines, or engines. Ten Minnesotans or Minnesota na- gulfed us on that terrible day. What op- These little machines can be formu- tives lost their lives in the attacks portunities those 10 Minnesotans and

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.105 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11407 their fellow citizens gave to their coun- command posts or stored in caches In two reports to the Secretary of try, at the terrible cost of their own anywhere in that country. Not even bi- State, the State Department’s Bureau lives. We gained the support, the good ological, chemical, or nuclear mate- of Intelligence and Research concluded will, and the alliance of practically the rials that could have been used to there was no reliable evidence that entire world. make those weapons have been found. Iraq had restarted its nuclear program The President said, just 4 months Not even top level Iraqi scientists or at all. later in his State of the Union Address former government officials, some of That was, in fact, what Saddam Hus- to Congress and the American people, whom have been incarcerated for sein’s own son-in-law had told the on January 29, 2002: months now, denied any legal represen- United States and United Nations offi- As we gather tonight, our Nation is at war, tation, denied chances to visit with cials when he defected in 1995. our economy is in recession, and the civilized their families—in some cases the fami- As reported on world faces unprecedented dangers. Yet the lies don’t even know where they are or August 10 of this year, a year pre- State of our Union has never been stronger. even if they are alive—not even inter- viously—on August 7, 2002—the Vice I recall all of us rising up in the rogations under those conditions have President volunteered in a question- House Chamber where we were wit- produced information leading to weap- and-answer session at the Common- nessing that speech, and being stirred— ons of mass destruction or supplies of wealth Club in San Francisco, speaking shivers down my spine—by those weapons of mass destruction materials of Hussein, that ‘‘left to his own de- words: ‘‘Yet the state of our Union has of the kinds and in the amounts that vices, it’s the judgment of many of us never been stronger.’’ were claimed by the President and Vice that in the not-too-distant future, he Today, 2 years later, the U.S. Govern- President and Secretary of Defense and will acquire nuclear weapons.’’ ment, the same Bush administration, the National Security Adviser. On August 26, the Vice President de- does not have the support nor the trust The rest of the world didn’t believe scribed Hussein as a ‘‘sworn enemy of nor the respect of the nations of the our fears, but the American people did. our country’’ who constituted a ‘‘mor- world—not their governments and not The American people trusted our lead- tal threat’’ to the United States. He the majority of their citizens. That is ers. They believed them. They sup- foresaw a time in which Hussein could not surprising. For most of the past ported their decisions. They sent their ‘‘subject the United States or any year, the administration has scorned sons and daughters, their husbands and other nation to nuclear blackmail.’’ most of the rest of the world. It has de- wives, their friends and neighbors half- Continuing to quote: nounced the United Nations, derided way around the world to fight for, and We now know that Saddam has resumed allies of ours who disagreed with us, some to die for, that stated threat, his efforts to acquire nuclear weapons. that urgent threat that was asserted Among other sources, we’ve gotten this from has berated others in order to try to firsthand testimony from defectors, includ- compel their support. And it has pro- again and again by our leaders. On August 26, 2002, Vice President ing Saddam’s own son-in-law. claimed repeatedly the right of the But as the Washington Post goes on United States, and the intention of the CHENEY said in a speech: There is no doubt that Saddam Hussein to say, the son-in-law’s testimony was Bush administration, to take whatever the reverse of the Vice President’s de- military action it deems necessary— now has weapons of mass destruction. There is no doubt that he is amassing them to use scription; the opposite of what the whenever, against whomever, who against our friends, against our allies, and American people, were told and what threatened or might at some time in against us. Congress was told. But those contradic- the future threaten our national secu- One month later, on September 26, tions were never disclosed to the Amer- rity. 2002, President Bush stated after meet- ican people nor to Congress. In fact, No one in this country who cares ing with Members of Congress: the President and the Vice President about this country could question our All of us are united in our determination continued to insist right up until the right to protect our Nation’s or our to confront an urgent threat to America. invasion that Saddam Hussein had a citizens’ safety, not before September The danger to our country is grave. The dan- nuclear threat that was an imminent 11, 2001, and not after September 11, ger to our country is growing. The Iraqi re- gime possesses biological and chemical weap- and urgent danger to the United 2001. No one in the world who wishes us States. well would question our doing so. In ons. The Iraqi regime could launch a biologi- cal or chemical attack in as little as minutes The Vice President said on a network fact, the vast majority of the world’s after the order were given. show on March 16 of 2003 that ‘‘We be- governments and people supported our Ten days later, just before Congress lieve he—Saddam Hussein—has in fact war against the Taliban in Afghani- voted on his desire for a resolution, the reconstituted nuclear weapons.’’ stan, and against al-Qaida, and our President added that ‘‘Iraq is exploring The President, in his address to the stated intention to attack terrorists ways of using UVAs—unmanned aerial Nation on March 17, 2003, cited intel- and terrorist organizations and their vehicles—for missions targeting the ligence gathered by this and other gov- bases of operation wherever they were United States’’. ernments leaves ‘‘no doubt that the throughout the world. Later, the administration officials Iraq regime continues to possess and But instead, the administration admitted those vehicles had a max- conceal some of the most lethal weap- chose to go to war against Iraq. That imum range of only about 300 miles and ons ever devised.’’ action most of the rest of the world did couldn’t have been used against the If the Vice President of the United not support. Other governments and United States. States asserts there is no doubt, and if the United Nations were skeptical During the same speech, the Presi- the President of the United States as- about the Bush administration’s claim dent asserted Saddam Hussein could serts there is no doubt, then what is that Saddam Hussein had weapons of have ‘‘a nuclear weapon in less than a there to doubt? If you can’t trust your mass destruction which U.N. inspectors year’’. own President and Vice President to could not find last fall and this year. Supposedly the evidence cited and tell you the truth about matters of life They didn’t believe they constituted an leaked to the press before that speech and death, such as nuclear threats, imminent threat to our National Secu- was that Saddam Hussein was secretly wars, and the future of this Nation, rity. buying aluminum tubes for use in pro- then what can you trust? The Chief U.N. Weapons Inspector, ducing nuclear fissile materials. But Another thing the American public Hans Blix, called the evidence the U.S. when our own Department of Energy believes is that Saddam Hussein is di- gave him about Iran’s weapons of mass concluded they were the wrong tubes rectly linked to al-Qaida and to the destruction ‘‘pretty pathetic.’’ The rest to use for such a purpose, the State De- terrible events of September 11, 2001. of the world was skeptical, and the rest partment’s intelligence bureau con- According to the national surveys, over of the world would be proven right to cluded and pointed out they weren’t two-thirds of the American public be- be skeptical. There were no weapons of even secret buys and that the purchase lieves that. Why? Because that asser- mass destruction used, thank God, orders were posted on the Internet. The tion has been made repeatedly by this against U.S. troops when they invaded question was not made known to Con- administration. Iraq. No weapons of mass destruction gress nor made known to the American In fact, in the President’s speech to were found unused on battlefields or people. the Nation last Sunday, he mentions

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.108 S11PT1 S11408 CONGRESSIONAL RECORD — SENATE September 11, 2003 the word ‘‘terrorists’’ or ‘‘terrorist or- In his Gettysburg address, recog- respect to protecting the American ganizations’’ 27 times—27 times. He nizing and paying tribute to other people from escalating gasoline prices cited the weapons of mass destruction American heroes who lost their lives, seems to be especially important. once, in a rhetorical reference. President Lincoln concluded that ‘‘we Artificially inflated gasoline prices The fundamental basis on which we here highly resolve that these dead shellac our families three ways: It went into Iraq as proclaimed before the shall not have died in vain—that this takes dollars from their pocketbooks; war began was only cited one time in nation, under God, shall have a new it slows job creation; and it often that entire address to the Nation. But birth of freedom—and that government raises the prices of the goods families ‘‘terrorism,’’ or the connection of ter- of the people, by the people, for the need to buy due to increased transpor- rorists to Iraq, al-Qaida, and the West people, shall not perish from the tation costs. dominated the President’s remarks, earth.’’ When I was home this summer and I and his continued assertions to the A government of the people, by the held town meetings across Oregon, American people of what the real situa- people, and for the people is a govern- from Elgin in the rural part of our tion is in that country for which Amer- ment that tells the truth to its citi- State to the metropolitan areas of icans are still giving their blood, bod- zens. If it doesn’t, it is not a govern- Portland, I heard again and again: ies, and lives. ment of them, not by them, and cer- What steps is the Congress going to On the other hand, as reported in the tainly not for them. It is imperative. take to promote competition, use free- Washington Post recently, key admin- Today, in commemoration of those market principles to help put in place istration figures have largely aban- who did not die in vain 2 years ago, policies that will promote competition doned any claim that Iraq was involved there should be once again a rebirth of in the gasoline markets and provide re- in the 2001 attacks. ‘‘I am not now sure our freedom and our assertion to this lief for our consumers? that Iraq had something to do with it,’’ Government or any Government of the These gasoline price spikes and the Deputy Defense Secretary Paul United States of America to tell us the escalating cost of gas cannot be ex- plained just by the market. Steps Wolfowitz said on August 1. truth. The CIA’s report—the administra- Mr. President, I yield the floor. ought to be taken to put in place real tion’s main source of information The PRESIDING OFFICER. The Sen- procompetitive market-oriented poli- about these connections or lack of ator from Pennsylvania. cies to provide relief for our con- them—to the President and the admin- Mr. SPECTER. I thank the Chair. sumers. The Secretary of Energy said re- istration, as reported in the New York (The remarks of Mr. SPECTER per- cently that he is conducting what Times on February 2 of 2002, found ‘‘no taining to the introduction of S. 1611 amounts to an informal investigation evidence that Iraq has engaged in ter- are located in today’s RECORD under into this issue. But we have examined rorist operations against the United ‘‘Statements on Introduced Bills and the law and the Department of Energy States in nearly a decade, and the Joint Resolutions.’’) does not have any power to do any- agency is convinced that Saddam Hus- The PRESIDING OFFICER. The Sen- thing about gasoline prices. The Fed- sein has not provided chemical or bio- ator from Oregon. logical weapons to al-Qaida or related eral Trade Commission, which we f terrorist groups.’’ thought could play the role of being on Maybe former Marine General An- GASOLINE the side of the consumer, says they can thony Zinni, who has been on missions Mr. WYDEN. Mr. President, I take a only prosecute if they find out-and-out, representing the administration and few minutes tonight to talk about the blatant collusion, setting out a stand- the President in the Middle East, has issue of gasoline prices. I serve on the ard that is virtually impossible to the best analysis of this changing ra- House-Senate conference committee prove in the real world. Moreover, the tionale for our actions. He said: which is now negotiating over how to Federal Trade Commission does not seem to think that tightly documented Initially, there was at least an implication pass a good and hopefully bipartisan cases of anticompetitive practices such that Iraq was linked to terrorism. When that Energy bill. I will talk about an issue as redlining and zone pricing is a par- link couldn’t be made, it was possession of that is clobbering consumers all across weapons of mass destruction. When that link ticularly big deal. couldn’t be made, it was lack of cooperation. this country. It has been devastating I come to the Senate tonight because Right now it is about ‘‘we will not let you across the West—in Oregon, in Wash- the American people deserve better and talk to our scientists,’’ and it is the reason ington, Idaho, and California. The fact the American people have a right to in- we will go to war. We know what the Iraqis is, this is true all over America. sist in this House-Senate energy con- have, and we can’t tell you. I just think it is In Los Angeles, the average price for ference going forward now, that steps too confusing. regular unleaded gas is $2.10 a gallon. are taken to actually put in place new What is not confusing is the casual- In New York City, the average price is policies to put the Government on the ties mount. The number of Americans $1.95 for a gallon of gas. In Phoenix, it side of marketplace-oriented procom- being wounded or killed in action in is $2. At present, gasoline costs 30 cents petitive policies that will provide relief Iraq last month exceeded the previous more than it did at this very time last for the American consumer who fills month by over a third. Director Tenent year, and 15 cents of that increase has the tank at pumps across the country told us this week that they are aver- happened in the last few months. In my and is just getting shellacked right aging 15 attacks a day on United home State, Oregon drivers are paying now when they try to afford those bills. States forces after the victory we won a whooping 56 cents more per gallon Even the oil companies admit that so courageously and magnificently in 3 than they paid for the same gas in Sep- the market is not going to solve the weeks over 4 months ago. But we in the tember of last year. problem by itself. Last month, a report Senate owe the American people and I don’t think anyone is confused by the Rand Corporation revealed that those soldiers over there our continued about the implications of these sky- even industry officials are predicting a search for and insistence that the truth rocketing increases. When Americans great deal of price volatility in the fu- be told to us and to the American peo- have to spend this additional money on ture. If you look at what the industry ple about the circumstances that got gasoline, they do not have money for is saying—and that is the assessment us into this war, the circumstances other essentials at a time when mil- of people within the energy industry, that exist in this war, and how we are lions of our families are hurting. They not critics—even people within the en- going to get out of this war preserving cannot buy those back-to-school ergy industry are saying, for all prac- the victory which was won but also clothes and groceries and consumer tical purposes, consumers can expect bringing our men and women home. items when they are paying an extra 50 more frequent and larger price spikes They have performed and continue to cents for gas all across the West and in in the next few years. perform with patriotism that goes be- numerous communities across the I am proposing, and I have shared it yond anything I can imagine. But they country. with members of the conference, both want to come home. Their families It seems to me with so many people Democrats and Republicans, and I in- want them home. They deserve to come hurting, with so many folks out of tend to do so in the days ahead, a pro- home. work, the efforts of the conferees with posal so the energy conference does not

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.110 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11409 wrap up without a concrete package of should have to carry the burden of tainly we have a Strategic Petroleum procompetitive initiatives to help con- proof that what they are doing in those Reserve for petroleum and heating oil sumers at the Nation’s gas pumps. concentrated markets doesn’t hurt the supplies. I think, given the shellacking It seems to me the focus of such a consumer. consumers are taking with respect to procompetitive package should be for In the past—and, as I say, I have gasoline prices, steps ought to be taken the energy conferees to direct Govern- shared these proposals with Senators of by the Congress conferees to ensure ment regulators to act to eliminate both parties; I have offered ideas to that adequate inventories are on hand anticompetitive practices that right promote competition in the gasoline to address unexpected supply crunches now are siphoning the competition out industry—there have been some who and the hikes that so often accompany of our gasoline markets. have said, and vociferously, that these them. Specifically, what we have found is kinds of proposals are unacceptable; Finally, I hope, as the conferees that in my home State, and at least 27 somehow they would create disincen- move to complete their business, they other States, there are essentially oli- tives to production—this sort of thing. look at what is on the record today gopolies, mini kinds of monopolies, Well, I see absolutely nothing here with respect to anticompetitive prac- where just a handful of companies— that creates a disincentive to produc- tices in our gasoline markets. These maybe three or so, maybe four, but a tion. What I want to do is promote are practices that have driven prices up tiny number of companies—are con- competition and freer markets for con- and have driven consumers crazy at the trolling more than 60 percent of the sumers at the gas pump. pump. The evidence is very real. gasoline supply. What I would say to those in the Con- The fact is, the investigation, as the That is the case in my home State. It gress who disagree with the procom- Department of Energy describes it, is is all over the West, where four of the petitive proposals I am making today toothless. They do not have the au- top six States for high gas prices are is that I want to issue you a challenge. thority under current law to stand up located. So, in effect, what you have is To those who think the approach I am for the consumer at the pump. The more than half of our States very high- offering up today is unwise, I would Federal Trade Commission, for reasons ly concentrated as gasoline markets, say: Bring your own proposal, give that are beyond my comprehension, re- where, in effect, you have seen the your own proposal to the conferees on fuses to deal with the documented competitive juices drained out of the the House-Senate committee that is cases of redlining and zone pricing and gasoline business. It is those competi- meeting now with your ideas on how to anticompetitive practices. tive juices that I want to restore. promote competition in the gasoline So I have come to the floor today, What happens in these tightly con- market. Mr. President, and colleagues, to out- centrated markets—there have been I want people to know I have offered line specific steps, specific actions that numerous studies to this effect—is that a proposal to colleagues to both parties could to be taken on a bipartisan basis you end up losing a lot of the big in the conference, but I would like to by the energy conferees to provide real sources of competition and price re- hear from others who have ideas if they and concrete relief to energy con- straint. I am talking specifically about happen to agree that my approach is sumers at the pump. the independent wholesalers and deal- not the way to go—unless someone is In this conference, the Congress has ers, and we are losing them from these prepared to say there is no problem for the opportunity to say that when our concentrated markets. the consumer. I defy somebody to say consumers are facing, as I described, One way that has taken a huge toll that to people I am hearing from in the price hikes of 50 cents—50 cents—for on the consumer is that these markets West and all over the country, who are gas, the Government is going to be on often get redlined. In effect, when a paying $2 a gallon for gas. their side with policies that promote market is redlined, you have the inde- Unless you are prepared to tell those competition in gasoline markets, in pendent distributor restricted in terms people there is no problem out there, I particularly those 27 States which are, of where they can sell their gas. As a believe those who disagree with the in effect, mini monopolies, where there result, the independent stations have proposals I am discussing today to pro- are just a handful of choices for con- to buy their gasoline directly from mote competition ought to come for- sumers and prices go up as a result. those large companies, usually at a ward and put their own ideas on the I call on the Congress to take up this higher price than the company’s own table. cause in this House-Senate energy con- brandname stations pay. With these There are a couple of other points I ference. This is a chance to go to bat higher costs, the independent stations want to make with respect to this pro- for consumers on the issue that is frus- cannot compete. posal to promote competition in gaso- trating our consumers and our small In my home State, we have lost hun- line markets. businesses every single day. They are dreds of gasoline stations in the last I see my good friend from Virginia looking for the Congress to step up and few years. We know many of them are here, who wants to address the Senate. act to provide some real relief. The the independent stations that are the I will just wrap up with a couple of ad- people of this country are asking for biggest source of competition that is so ditional points. that kind of advocacy. I believe it is beneficial to the consumer. I also believe, Mr. President, and col- time for the Congress to provide that So it seems to me, at a minimum, the leagues, that as part of the energy con- kind of approach. Federal Trade Commission should act ference, the Congress needs to address With that, I yield the floor. to promote competition in these areas, the growing gap between consumer de- f these 27 States, for example, that have mand for gasoline and what the oil these quasi-monopolies. I believe these companies can produce. When supplies OATH OF ALLEGIANCE highly concentrated markets ought to are tight, and there is no spare gaso- Mr. ALEXANDER. Mr. President, be designated ‘‘consumer watch zones,’’ line in inventories, consumers are espe- earlier today, I talked about remem- where there would be greater moni- cially vulnerable to supply shortages bering September 11 and the terrible toring by the Federal Trade Commis- and price spikes when refineries shut events that happened that day, but it sion, and where the Federal Trade down unexpectedly or a pipeline also brought us together as we remem- Commission would be empowered to breaks, as happened this summer. bered what it means to be an Amer- issue cease and desist orders to prevent Congress ought to take steps to en- ican. companies from gouging consumers. sure that the consumer is not left This afternoon, I wish to address an I also think that in these particular stalled by the side of the road or fum- important statement on what it means areas, where you have quasi-monopo- ing at the pump, by taking steps to to be a citizen of the United States. I lies, the Congress ought to stipulate keep supplies available in emergencies. mean specifically the oath of alle- that redlining and zone pricing are It seems to me that here, at a very giance which all new citizens swear in anticompetitive practices by their very minimum, steps ought to be taken to court when they are naturalized. nature, and that companies that en- ensure there are inventories on hand to I rise this afternoon to announce gage in redlining and zone pricing in address unexpected supply crunches. that I will shortly introduce legislation these tightly concentrated markets That has been done in other areas. Cer- to make the current oath of allegiance

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.111 S11PT1 S11410 CONGRESSIONAL RECORD — SENATE September 11, 2003 the law of the land. Doing so will give judge, her Honor Aleta Trauger, by Federal regulation. It, too, is a the oath of allegiance the same status walked in. She asked each of the appli- statement of our values, declaring our enjoyed by other key symbols and cants to stand, to raise each one’s right country to be ‘‘the land of the free and statements of being American. The hand and repeat the following oath, the home of the brave.’’ American Flag, the Pledge of Alle- which I am going to state. I hope those What if a Government agency decided giance, the National Anthem, and our listening will listen carefully because it preferred ‘‘America the Beautiful’’ or national motto—all these symbols and this oath makes an impression: ‘‘The Battle Hymn of the Republic’’ or statements have been specifically ap- I— the song we sang on the steps of the proved by Congress and are now a mat- And then you state your name— Capitol this morning, ‘‘God Bless ter of law. hereby declare, on oath, that I absolutely America,’’ all of which are great songs? The oath of allegiance, which is cur- and entirely renounce and abjure all alle- It cannot be done. The agency would rently a matter of mere Federal regu- giance and fidelity to any foreign prince, po- have to ask Congress to act. Why? Be- lation, ought to be treated with the tentate, state or sovereignty, of whom or cause ‘‘The Star-Spangled Banner’’ was same dignity. I do this today because it which I have heretofore been a subject or cit- named our national anthem by law in has come to my attention that the Bu- izen; that I will support and defend the Con- 1931. stitution and laws of the United States of reau of Citizenship and Immigration Likewise, the oath of allegiance Services, or BCIS, an agency of the De- America against all enemies, foreign and do- mestic; that I will bear true faith and alle- should not be altered lightly by a Gov- partment of Homeland Security, may giance to the same; that I will bear arms on ernment agency without public com- be planning to change the oath of alle- behalf of the United States, when required ment and without approval from Con- giance that immigrants take to be- by law; that I will perform noncombatant gress. come citizens of this Nation. service in the Armed Forces of the United Of the five symbols and statements I According to National Review On- States when required by law; that I will per- have described, the flag, the anthem, line: form work of national importance under ci- the pledge, the motto, and the oath of The Federal Government is about to vilian direction when required by law; and that I take this obligation freely without allegiance, only the oath of allegiance change the Oath of Allegiance that immi- is legally binding on those who take it. grants take at citizenship ceremonies. any mental reservation or purpose of eva- sion, so help me God. New citizens must take it and they The article goes on to say BCIS in- Now, that is quite an oath. It has must sign it. tends to announce the change, perhaps Just to be clear, I have no objection make it effective immediately, perhaps strength. It has clarity. It sounds as if it might have been written by a couple to others proposing modifications to on September 17, Citizenship Day, or the oath of allegiance that we use next week, during Constitution Week, of rowdy patriots in Philadelphia or Williamsburg. Yet, surprisingly, Con- today. I happen to like the present which is the anniversary of the signing oath. It has strength. It has clarity. I of the Constitution. I do not know gress has never voted on the content of this oath of allegiance. We have left it have seen in the eyes of new Americans whether that will happen or whether it how much it means to them. Perhaps will not happen, but I have read the to regulators. That is not how we treat other sym- ways can be found to make it even new oath that, according to National stronger. Still, let us make sure any Review Online, BCIS intends to make bols of our Nation or other statements on what it means to be an American. changes have the support of a people as public next week. represented by Congress. I prefer the oath we already have. For example, the American flag with The oath of allegiance is a statement The oath of allegiance is a funda- its 50 stars—one for each State, 13 of the commitments required of new mental statement on the commitment stripes for the original colonies—can- citizens. Current citizens, through of becoming a U.S. citizen. It should not be altered by Federal regulation. their elected representatives, ought to not be altered by a Government agen- The only way a star gets added is when have a say in what those commitments cy, no matter how well intentioned. Congress acts to admit a new State, are. That is a lesson in democracy. A Any change should be subject to the and we have never changed the 13 approval of this body. It ought to be stripes since the flag was first adopted legally binding statement on an Amer- enshrined in law. in 1777. ican citizen ought to reflect American In the first 5 months of this fiscal The Pledge of Allegiance, which we values, including democracy. year, nearly 170,000 new Americans repeat each morning in the Senate, So as we remember the sobering took the oath of allegiance and were cannot be altered by Federal regula- events of September 11, we are also re- naturalized as citizens of this country. tion. The pledge is a statement of some minded of how our country came to- The oath assumed its present form in of the values of the American creed: gether as one nation in response to the 1950s and was first adopted in Fed- ‘‘One nation under God, indivisible, those events. Today, more than at any eral regulation in 1929, but some of the with liberty and justice for all.’’ time in a generation, we understand language dates all the way back to What if a Federal agency decided we and value what it means to be an 1790. should take out the word ‘‘justice,’’ American. We ought to protect in law Let me describe how this oath is used and just say ‘‘with liberty for all’’? It the great statements of our citizenship, in practice. Imagine that we are in a cannot happen because the pledge can such as the oath of allegiance. If it Federal courthouse, such as the one I only be altered by an act of Congress, should ever be revised, it should be was in in Nashville. It was October as it was in 1954 when the phrase done in an open and democratic man- 2001. It was Naturalization Day. This ‘‘under God’’ was added. ner. The people should have a chance happens at virtually every Federal The national motto, ‘‘In God We to make their views known. Congress courthouse virtually every month. The Trust,’’ which appears on all of our should vote. That is the American way. room is filled with anxious persons coins and dollar bills, cannot be altered f by Federal regulation. It is a funda- talking among themselves in halting RYAN WHITE CARE ACT English. They are obviously with their mental statement of the religious char- families and their closest friends. They acter of the American people, even Mr. FRIST. Mr. President, I would are neatly dressed. Most faces are radi- though we do not permit and do not like to make some comments regarding ant. want the establishment of a state reli- the Ryan White CARE Act and the That day there were 77 persons from gion. Labor-HHS appropriations bill that we 22 countries who had passed their The Treasury Department cannot de- passed yesterday. exams, learned English, passed a test cide to leave ‘‘In God We Trust’’ off the Twenty two years ago, the Centers about American Government, survived next dollar bill it prints because the for Disease Control published a case a character investigation, paid their motto was adopted by Congress, at study that involved five patients in- taxes, and waited in line for 5 years to first in 1864 to be printed on the 2-cent fected with a mysterious virus. At the be a citizen of the United States of piece, and later as the official national time, I was a third-year surgical resi- America. motto in 1956. dent at the Massachusetts General The bailiff shouts: ‘‘God save this The national anthem, ‘‘The Star- Hospital in . I remember, vague- honorable court.’’ On that day, the Spangled Banner,’’ cannot be changed ly, those first cases and the worrying

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.094 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11411 questions. What was it? How was it In 2000, more than 125,000 people liv- Getting to and from treatment is often transmitted? Could it travel by air? ing with HIV and AIDS received drug the biggest obstacle. He also urges us Should we be afraid? therapy because of this provision. to support early treatment for HIV/ As reports of the illness grew, so did Without the CARE Act, none of these AIDS, so that HIV becomes a chronic the public anxiety. Never before had we individuals would have had the nec- rather than fatal disease. seen a virus with such power to de- essary resources to get the drugs they Mr. Jones had a colleague who re- stroy—to destroy cells, cellular func- need which can total a whopping $12,000 cently died of AIDS. He tells me that tion, to destroy lives, families, and en- per year. his colleague was so engrossed in his tire communities. And when we say the CARE Act, we work, so dedicated to the cause, that During my surgical residency, we must pay proper tribute to the Amer- began to treat blood in the operation he worked right up until the day he ican taxpayer who is making this com- went to the hospital the very last time. room as potentially toxic, potentially passionate intervention possible. deadly. We began wearing double Paradoxically, because of our success By passing the Ryan White CARE gloves, masks in the operating room. in decreasing AIDS mortality, how- Act yesterday, may we honor this And we took these precautions to pro- ever, the total number of individuals man’s strength and commitment by tect ourselves, not our patients. The living with HIV disease continues to continuing the fight against HIV/AIDS emergence of HIV/AIDS changed the climb; and more individuals are becom- here and around the world. practice of medicine, public health, and ing dependent on these programs. But it changed the public consciousness. success should not breed failure. f Fast forward to 2003. The Centers for Congress has demonstrated its com- Disease Control and Prevention esti- mitment to ensuring the availability of CONGRATULATING MARY mate that between 850,000 and 950,000 funds to meet this need by increasing THOMPSON Americans are infected with HIV/AIDS. funding for Ryan White programs from One quarter of them do not know they $656 million when I entered the Senate Mr. DASCHLE. Mr. President, today have it and for the first time in many in 1995 to more than $1.9 billion last I offer my best regards and sincere con- years we are seeing an increase in rate year. The bill passed yesterday pro- gratulations to Mary Thompson as she of HIV infection. vides more than $2 billion for these is being honored as the First Lady of CDC experts estimate that, since the programs, an increase of almost $24 Aberdeen, SD. As you know, Aberdeen virus was first identified, 500,000 Amer- million. is my hometown. Since 1948, we’ve had icans have died from AIDS-related ill- I know many are concerned that, be- the tradition of naming a First Lady of nesses. cause of State funding shortfalls, some the town. The First Ladies of Aber- The number of new infections among deen, sponsored by Beta Sigma Phi, are adolescents is rising, and rising dis- States have begun to restrict their AIDS drug assistance programs. This selected for their outstanding service proportionately among minorities. to the community in many areas in- AIDS is the leading cause of death year, Congress has provided more than $20 billion in fiscal relief to the states. cluding culture, religion, education, among African Americans 25–44 years arts and politics. Mary has been very of age. It is the second leading cause of It is my hope that some of those funds will be used to improve and maintain active in each and every one of these death among Latinos of the same age areas. group. In Shelby County in my home access for HIV patients. State, African Americans comprise 45 I thank the chairman for the hard Mary has served the Plymouth Con- percent of the population, but make up work he has put into crafting the gregational Church as secretary-treas- 75 to 85 percent of county residents in- Labor-HHS bill that is currently before urer, as leader of Puritan Circle, and fected with the virus. us. In 1996, I had the pleasure of work- she has held various officer posts with Over the course of more than 20 years ing with Senator Kassebaum to reau- Women’s Fellowship and numerous of treating patients, I have seen first thorize the Ryan White CARE Act and other committees. As a proud born hand the deadly results of HIV infec- put in place a number of essential im- Norwegian, Mary has actively partici- tion. I have also seen the devastation it provements. Again in 2000, when the pated in Sons of Norway for many wreaks across entire communities: law was up for reauthorization, I years. She and her husband, Robert, mothers who unknowingly transmit worked with Senator KENNEDY and have opened their home and welcomed the virus to their newborns; children Senator JEFFORDS, among others, to visitors from across the country and who suffer the double curse of being put in place another round of critical the world. Mary is also an Avera St. HIV positive and orphaned by parents improvements. Luke’s Hospital Auxiliary member; for taken by the disease. I know that Chairman SPECTER faces several years, she has worked in the Fortunately, since those early days, many challenges in developing this im- gift shop and on special projects. Now researchers have discovered methods to portant legislation every year, and I retired, Mary records movies and tele- double the life expectancy of people commend him for his leadership. vision specials and takes them to the with HIV/AIDS. They have developed He did an excellent job in securing sick, lonely and shut-ins. Senate passage of this bill under cer- new and powerful drugs for the treat- I have had the pleasure of knowing tain constraints. It is my hope that we ment of HIV infection, and researchers Mary since I was a small child, and I continue making advances in the treat- will be able to address this issue fur- consider her a dear friend and gracious ment and prevention of AIDS-related ther in conference, in next year’s budg- lady. Mary and my mother, Betty, have opportunistic infections. We may not et cycle, and through the upcoming re- been friends for many years, and both yet have a cure, but we are working authorization of these vital programs. love playing bridge. For nearly 50 around the clock to find one. I close with a report from my home Key to this effort has been the Ryan State of Tennessee. This morning a years, Mary has played bridge with the White CARE Act first passed in 1990. gentleman named Albert Jones came to Northern State University Faculty The Ryan White CARE Act forms a visit my office. Mr. Jones is the execu- Bridge Club. She attended college at unique partnership between Federal, tive director of New Directions, Incor- NSU, earning an elementary education local and State governments; nonprofit porated, an organization based in Mem- degree. There, she met and married the community organizations, health care phis which serves people infected with love of her life, Robert Thompson. and supportive service providers. For HIV/AIDS. They celebrated their 60th wedding an- the last decade, this legislation has He and representatives from the Na- niversary May 29, 2003. successfully provided crucial support tional Minority AIDS Council came to On May 3, 2003, Mary was named Ab- services for low-income, uninsured and describe what they encounter down in erdeen’s 55th First Lady. This Sunday, underinsured people with HIV/AIDS. Shelby County and what they think we September 14, she will be celebrated at In particular, through the AIDS Drug need to do to fight the epidemic. a special reception at the Plymouth Assistance Program, the CARE Act has What Mr. Jones hears most from Congregational Church in Aberdeen. I helped patients gain access to life sav- HIV/AIDS patients is that they need know of no one more deserving of this ing drugs. better access to health care services. very special honor.

VerDate jul 14 2003 01:56 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.028 S11PT1 S11412 CONGRESSIONAL RECORD — SENATE September 11, 2003 DEPARTMENTS OF LABOR, lation will help many Americans. How- Stem Cell Bank Program, through the HEALTH AND HUMAN SERVICES, ever, I am disappointed to find that the Health Resources and Services Admin- EDUCATION, AND RELATED report accompanying this bill is laden istration, and appropriates $10 million AGENCIES APPROPRIATIONS with directives and suggestive lan- for the new program. This program ACT, 2004 guage that predetermines which pro- may further important life-saving re- Mr. MCCAIN. Mr. President, I want grams may receive funding. This lan- search; however, this is a new legisla- to thank both Senator SPECTER and guage eliminates the ability of the tive initiative, not authorized by the Senator HARKIN for their hard work on agencies funded by this bill to deter- committee of jurisdiction, and not re- this important legislation which pro- mine, by a fair and competitive proc- quested by the Administration, but vides Federal Funding for the Depart- ess, which programs to fund. This is created and funded entirely by the ap- ments of Labor, DOL, Health and yet another example of the micro-man- propriators. Human Services, HHS, and Education, agement of federal agencies at the Similarly, the report language ac- and related agencies. It funds programs hands of the appropriators. companying the bill includes directive that are among the most critical to the I would like to note that both the bill and suggestive language for the De- health and well-being of our Nation. and the report contain only a handful partment of Health and Human Serv- With our military forces deployed of earmarks, and I commend the Ap- ices to initiate a number of new pro- abroad and a struggling domestic econ- propriations Committee for its re- grams, all of which may be worthy of omy here at home, providing for and straint. I encourage the members of consideration; however, none have been protecting our Nation has never been the Committee to resist the tempta- requested or authorized. These pro- more challenging or more important. tion to weigh down this important bill grams range from the creation of a Di- The funding provided by this bill for with locally specific parochial projects amond Blackfan Anemia Clinical Care domestic health programs is critical when the bill is negotiated with the Center to $500,000 allocated for the CDC for our country, States and local gov- House of Representatives during con- to create a registry and database of ernments. Given the poor state of our ference. Unfortunately, however, the children nationwide with craniofacial national economy and the rising num- list of directive and suggestive lan- malformation. Although these new pro- ber of unemployed and uninsured guage included in the actual bill lan- grams will undoubtedly benefit many Americans, as well as the budget crises guage and the accompanying report are children and individuals, they are fur- facing most State governments, re- extensive, and I will not burden the ther examples of new programs created sources provided by this legislation chamber by listing each one individ- the appropriators, by circumventing will help meet the substantial health ually. Instead, I highlight a few exam- the authorizing committee of jurisdic- care needs of our Nation’s vulnerable ples: tion. populations. In the report language, for the De- Also included in the report is lan- I am pleased that this legislation partment of Labor, the Committee guage directing HHS and the Depart- provides increased funding for a num- ‘‘recommends’’ $7 million for the ment of Education to complete over 20 ber of programs that are particularly Denali Commission for job training in reports, all at the specific request of important in light of the many threats rural Alaska. The funding is intended the Appropriations Committee. These facing our Nation today. This bill in- to train rural Alaskans for high-paying reports concern important programs creases funding for the Centers for Dis- jobs in their villages. Any doubt as to within the Departments, but producing ease Control and Prevention, CDC, whether the appropriators wanted this them will require substantial man- which plays a vital role in protecting funding to occur is dispelled by the fact power and time, diverting scarce and our nation from bioterror attacks and that the bill language authorizes ‘‘such valuable resources to projects dictated ensuring adequate preparedness for sums as may be necessary’’ to the by the Appropriations Committee. health emergencies. With the recent Denali Commission to conduct this With this sluggish economy expected threat of foreign born illnesses such as Alaskan job training. Although this to push this year’s budget deficit past SARS and Monkey Pox, increased fund- specific authority and funding was a whopping $450 billion and numerous ing for the Infectious Disease Initiative unrequested by the Administration, threats facing our nation, funds must is especially important and will ensure the appropriators apparently think be expended on programs that will pro- quick response to public health they know better. They not only pro- vide the maximum benefit for all threats. vide the appropriation, but they also Americans. It cannot be spent on unau- Additionally, this bill increases fund- want to do the work of the authorizing thorized and unrequested projects and ing for National Institutes of Health, committee as well. How fortunate it is reports demanded by members of the NIH, by $1 billion over the last fiscal that this activity in the State of Alas- Appropriations Committee. This is year. That increase will enable the con- ka has such ardent supporters in the simply wrong and does a disservice to tinuation and expansion of research members of the Appropriations Com- all Americans. into treatments and cures for chronic mittee and has received special treat- diseases such as cancer and diabetes, ment at the expense of other states. f new infectious diseases that threaten Furthermore, the report language ex- DEATH OF ANNA LINDH, FOREIGN our Nation’s safety, and diseases that presses the Committee’s concern about MINISTER OF SWEDEN disproportionally affect older Ameri- the Department of Labor’s reorganiza- cans, such as Alzheimer’s. I have tion proposal, which would close the Mr. HARKIN. Mr. President, we mark strongly supported doubling the Occupational Safety and Health Ad- the second anniversary of the Sep- amount of the NIH budget, and I am ministration, OSHA, offices in Bangor tember 11 attacks with sadness, as well pleased that its funding continues to and Portland, Maine, and would con- as resolve. increase. solidate the activities of those offices I am further saddened today, and I In addition to funding key public in Augusta, Maine. Instead of allowing believe the world is further saddened, health programs, this bill provides DOL to do their job and streamline the by the death of Anna Lindh. Anna funding to help States and local com- operations of OSHA, the Committee in Lindh, the Foreign Minister of Sweden, munities educate our children. I ap- its report, ‘‘expects’’ the Department was attacked with a knife by an un- plaud the fact that funding for edu- of Labor to maintain the existing orga- known person in a Stockholm depart- cation for individuals with disabilities nizational structure with offices in ment store, and she died early this and programs to improve educational Bangor and in Portland, including pro- morning. opportunities for economically dis- viding adequate office space for the Anna Lindh was an extraordinarily advantaged students have been in- current Bangor OSHA staff. Again, the accomplished and dedicated public creased in this bill. I also am pleased appropriators are catering to a local- servant. Among her many achieve- that this legislation increases funding ity-specific interest in Maine at the ex- ments and distinctions, I would like to for Head Start to ensure that low-in- pense of the national interest in having point out that she has been in the past come children are physically and men- a more efficient government agency. a member of Parliamentarians for tally prepared to begin school. Furthermore, this legislation in- Global Action—a group which will send These and the many other important cludes legislative and report language members from around the world here programs funded throughout this legis- that creates a new National Cord Blood to Capitol Hill next week. As a co-host

VerDate jul 14 2003 01:56 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.115 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11413 of next week’s activities here on the too brief. Sadly, just as he was enter- dedication and success in his life’s Hill, I know that we will honor and ing the prime of his life and at the pin- work was recognized with the Herbert seek to carry on Anna Lindh’s work. nacle of his career, John died of cancer Salzman Award for Excellence in Inter- I am sure that I speak for all Sen- on August 1, 2003. national Economic Performance, a ators when I say that we all feel deep Those who knew John well, knew Presidential Meritorious Service sorrow for Anna Lindh’s family, as well him to be very dedicated to duty a man Award, and Superior and Meritorious as for the people of Sweden. The world with a high sense of optimism and honor awards. has lost a great light. great compassion for others. He was Having achieved the post of Ambas- f kind and thoughtful, and generous in sador to Peru, John began his assign- the giving of his time. ment with great hope and optimism. TRIBUTE TO GOV. O’BANNON At his Senate confirmation hearing, Within months, however, he became se- Mr. LUGAR. Mr. President, it is my it was clear that John had extraor- riously ill and returned to the United sad duty today to inform the Senate dinary interpersonal skills, and the States for treatment. Displaying his that our distinguished Governor of In- work history and experience to qualify characteristic good humor, John diana, Frank O’Bannon, has been inca- him for his ambassadorship. But one looked forward to making a full recov- pacitated by what his doctors describe curious professional experience that he ery and spoke with family and friends as a massive stroke. Governor and Bob share bears mention: At one of his desire to return to Peru and con- O’Bannon is currently at Northwestern time in their lives, both John and Bob tinue his work. Tragically, his life was Memorial Hospital in Chicago where— were soda jerks at Dawson’s Drug Store cut short, but his memory lives on thankfully—he is showing some small in Russell, KS. through his friends and family, and his but encouraging signs of improvement. It was 1915 when John’s great-grand- many good deeds. This has been a heartbreaking mo- father took over the drug store. A Truly, America has lost a faithful ment for all of us in Indiana. Frank quarter century later, John’s grand- public servant and John’s family has O’Bannon is not only one of the State’s father—Ernie Dawson—gave Bob Dole lost a loving son, husband, father and most dedicated public servants—he is one of his first jobs working behind the brother. After John’s death, Secretary also one of the most respected and soda counter. Bob was a freshman in of State Colin Powell stated, ‘‘Ambas- loved. I have joined with all my fellow high school, and Ernie Dawson was the sador Dawson was very popular with Hoosiers in praying for his recovery. pharmacist at Dawson’s Drug Store. his State Department colleagues and His wife, Judy, has been at his side at John’s two uncles, Bub and Chet, ran will be remembered for both the dedi- the hospital since Monday, and I hope the store. Growing up in the dust bowl cation and collegiality he brought to she knows that she has our unwavering days of the 1930s, Bob and John’s fa- all of the posts in which he served.’’ A support. ther, Bob Dawson, became fast friends. fitting tribute for a remarkable man. Governor O’Bannon has a record of John’s father, his mother Joan, and I join Bob Dole, Secretary Powell, public service that goes back more the rest of the family in Kansas in- and John’s family, friends and col- than 30 years. He was first elected to stilled in John the work ethic, integ- leagues in saluting this great American the Indiana State Senate where he rity, dedication, public spiritedness and thanking him for his service to our served 18 years—much of it as the and patriotism that helped make him a Nation. Democratic floor leader. He was Lieu- success in his life and his work. Later, f John was also fortunate to have the tenant Governor for 8 years before ADDITIONAL STATEMENTS being elected Governor in 1996 and then loving support of his wife, Susana. re-elected by a wide margin in 2000. John was born in Kansas City in 1950, I have known Frank O’Bannon many but spent much of his childhood in TRIBUTE TO JIM PHILLIPS years and consider him my friend. He is Latin America. After achieving a Bach- ∑ Mr. GRAHAM of South Carolina. Mr. a good man with a good heart—and elor of Arts degree with honors from President, I would like to take a mo- that is why we are all so saddened by the University of Michigan in 1973, ment to reflect on the life of Jim Phil- this sudden turn of events. where he majored in economics and lips, one of the most recognized and be- On Wednesday, the Indiana Supreme Latin American studies, John earned a loved broadcasters South Carolina has Court reluctantly issued an order Master of Arts degree in law and diplo- ever known. transferring the authority and respon- macy from the Fletcher School of Law I cannot adequately express the sig- sibilities of the Office of Governor to and Diplomacy at Tufts University in nificance of Jim Phillip’s life and the our Lieutenant Governor, Joe Kernan. 1975. effect his passing has on the Clemson This transfer of power, done in full That year, John joined the State De- University family. As the legendary compliance with the Indiana State partment as a foreign service officer. voice of the Clemson Tigers, for 36 Constitution, ensures that state gov- During a long and distinguished career years Jim broadcast over 2,000 sporting ernment will continue to provide all its in the U.S. foreign service, he served as events, from baseball to women’s bas- services without interruption or delay. Deputy Chief of Mission in El Salvador, ketball, including games in the Tigers’ I ask my colleagues to join my pray- Country Director for Panama, Office 1981 Men’s Football National Cham- ers that Frank O’Bannon is able to re- Director for Andean Affairs, and Eco- pionship season. cover from this sudden affliction and nomic Counselor at our U.S. Embassies A five-time recipient of the South resume his responsibilities as Governor in Panama and Costa Rica. Early on, Carolina Broadcaster of the Year of Indiana. he held positions as Financial Econo- award, Jim has received several pres- f mist at the U.S. Mission to the United tigious broadcasting awards including Nations in New York, at the U.S. Mis- the Master Broadcaster Award by the EULOGY FOR AMBASSADOR JOHN sion to the Organization of Economic DAWSON South Carolina Association of Broad- Cooperation and Development, OECD, casters. Jim also served as the sports Mrs. DOLE. Mr. President, last year, in Paris, and in Buenos Aires and Rio director at a South Carolina television my husband, Bob, had the privilege of de Janeiro. John also served his coun- station and radio station for years. introducing Members of the Senate to try in Argentina and Brazil, and was Personally, he was a true friend and John Dawson, who was nominated to the Director of Mexican Affairs for the one of the most delightful people I serve as the United States Ambassador State Department prior to his ambas- have ever had the privilege of knowing. to Peru. Ambassador Dawson assumed sadorship in Peru. He always had a smile on his face. leadership of the Embassy in Lima in During his years at the State Depart- God gave him a tremendous gift November 2002, at a time of increasing ment, John received numerous awards which he shared with so many for all discontent with the government of and commendations for his work in El too brief a period of time. President Alejandro Toledo. Un- Salvador, Costa Rica, Panama, Brazil, He was truly one of the best in the daunted, John was excited about the and Argentina, at the U.S. Mission to business and will be deeply missed. challenges and opportunities of the the United Nations, and in the Bureau I invite you to join me in the celebra- new post. But his tenure there was all of Western Hemisphere Affairs. His tion of Jim’s life and the mourning of

VerDate jul 14 2003 03:32 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.116 S11PT1 S11414 CONGRESSIONAL RECORD — SENATE September 11, 2003 his passing with the entire Clemson hijackers and caused the plane to ness, Department of Defense, transmitting, family and all those who were fortu- crash, to require the Secretary of the the report of a retirement; to the Committee nate enough to call Jim Phillips a Treasury to mint coins in commemora- on Armed Services. ∑ tion of the Spirit of America, recog- EC–4140. A communication from the Under friend. Secretary of Defense, Personnel and Readi- f nizing the tragic events of September ness, Department of Defense, transmitting, 11, 2001, and for other purposes. MESSAGE FROM THE HOUSE the report of a retirement; to the Committee H.R. 2433. An act to amend title 38, on Armed Services. At 1:19 p.m., a message from the United States Code, to authorize the EC–4141. A communication from the Under House of Representatives, delivered by Secretary of Veterans Affairs to pro- Secretary of Defense, Comptroller, Depart- Ms. Niland, one of its reading clerks, vide veterans who participated in cer- ment of Defense, transmitting, pursuant to announced that the House has passed tain Department of Defense chemical law, a quarterly report entitled ‘‘Acceptance of Contributions for Defense Programs, the following bills, in which it requests and biological warfare testing with health care for their illness without re- Projects, and Activities; Defense Coopera- the concurrence of the Senate: tion Account’’ and a report on the value of H.R. 911. An act to authorize the establish- quirement for proof of service-connec- logistics support contributions that foreign ment of a memorial to victims who died as a tion, and for other purposes. nations have provided the United States for result of terrorist acts against the United H.R. 2595. An act to restore the oper- the Global War on Terrorism; to the Com- States or its people, at home or abroad. ation of the Native American Veteran mittee on Armed Services. H.R. 978. An act to amend chapter 84 of Housing Loan Program during fiscal EC–4142. A communication from the Office title 5, United States Code, to provide that year 2003 to the scope of that program of the General Counsel, Selective Service certain Federal annuity computations are as in effect on September 30, 2002. System, transmitting, pursuant to law, the adjusted by 1 percentage point relating to H.R. 2622. An act to amend the Fair report of a designation of acting officer and periods of receiving disability payments, and Credit Reporting Act, to prevent iden- nomination for the position of Director, Se- lective Service System, received on Sep- for other purposes. tity theft, improve resolution of con- H.R. 1538. An act to posthumously award tember 8, 2003; to the Committee on Armed congressional gold medals to government sumer disputes, improve the accuracy Services. workers and others who responded to the at- of consumer records, make improve- EC–4143. A communication from the Acting tacks on the World Trade Center and the ments in the use of, and consumer ac- Assistant Secretary of the Army, Depart- Pentagon and perished and to people aboard cess to, credit information, and for ment of the Army, Department of Defense, United Airlines Flight 93 who helped resist other purposes. transmitting, pursuant to law, a report rel- the hijackers and caused the plane to crash, ative to projects and separable elements that f to require the Secretary of the Treasury to meet the criteria of Section 1001(b)(2) of the mint coins in commemoration of the Spirit EXECUTIVE AND OTHER Water Resources Development Act of 1986; to of America, recognizing the tragic events of COMMUNICATIONS the Committee on Armed Services. EC–4144. A communication from the Under September 11, 2001, and for other purposes. The following communications were H.R. 2433. An act to amend title 38, United Secretary of Defense, Personnel and Readi- States Code, to authorize the Secretary of laid before the Senate, together with ness, Department of Defense, transmitting, Veterans Affairs to provide veterans who accompanying papers, reports, and doc- the report of a retirement; to the Committee participated in certain Department of De- uments, and were referred as indicated: on Armed Services. fense chemical and biological warfare testing EC–4133. A communication from the Con- EC–4145. A communication from the Presi- with health care for their illness without re- gressional Review Coordinator, Animal and dent of the United States, transmitting, pur- quirement for proof of service-connection, Plant Health Inspection Service, Department suant to law, the report of an intended nomi- and for other purposes. of Agriculture, transmitting, pursuant to nation for the position of Director of Selec- H.R. 2595. An act to restore the operation law, the report of a rule entitled ‘‘Veterinary tive Service; to the Committee on Armed of the Native American Veteran Housing Services User Fees; Fees for Endorsing Ex- Services. Loan Program during fiscal year 2003 to the port Certificates for Ruminants’’ (Doc. No. EC–4146. A communication from the Senior scope of that program as in effect on Sep- 02–240–2) received on September 8, 2003; to Paralegal, Office of Thrift Supervision, De- tember 30, 2002. the Committee on Agriculture, Nutrition, partment of the Treasury, transmitting, pur- H.R. 2622. An act to amend the Fair Credit and Forestry. suant to law, the report of a rule entitled Reporting Act, to prevent identity theft, im- EC–4134. A communication from the Con- ‘‘Regulatory Reporting Standards: Qualifica- prove resolution of consumer disputes, im- gressional Review Coordinator, Animal and tions’’ (RIN1550–AB54) received on September prove the accuracy of consumer records, Plant Health Inspection Service, Department 8, 2003; to the Committee on Banking, Hous- make improvements in the use of, and con- of Agriculture, transmitting, pursuant to ing, and Urban Affairs. sumer access to, credit information, and for law, the report of a rule entitled ‘‘Mexican EC–4147. A communication from the Attor- other purposes. Fruit Fly; Removal of Regulated Area’’ (Doc. ney Advisor, Office of the Secretary, Depart- No. 02–121–3) received on September 8, 2003 ; ment of Transportation, transmitting, pur- f to the Committee on Agriculture, Nutrition, suant to law, the report of a vacancy and ENROLLED BILL SIGNED and Forestry. change in previously submitted reported in- EC–4135. A communication from the Con- formation for the position of Deputy Sec- The message further announced that gressional Review Coordinator, Animal and retary, Department of Transportation, re- the Speaker has signed the following Plant Health Inspection Service, Department ceived on September 8, 2003; to the Com- enrolled bill: of Agriculture, transmitting, pursuant to mittee on Commerce, Science, and Transpor- H.R. 1668. An act to designate the United law, the report of a rule entitled tation. States courthouse located at 101 North Fifth ‘‘Witchweed; Regulated Areas’’ (Doc. No. 02– EC–4148. A communication from the Sec- Street in Muskogee, Oklahoma, as the ‘‘Ed 04202) received on September 8, 2003; to the retary, Office of General Counsel, Federal Edmondson United States Courthouse’’. Committee on Agriculture, Nutrition, and Trade Commission, transmitting, pursuant Forestry. to law, the report of a rule entitled ‘‘Policy The enrolled bill was signed subse- EC–4136. A communication from the Under Statement on Monetary Equitable Remedies quently by the President pro tempore Secretary of Defense, Comptroller, Depart- in Competition Cases’’ received on Sep- (Mr. STEVENS). ment of Defense, transmitting, pursuant to tember 8, 2003; to the Committee on Com- merce, Science, and Transportation. f law, a report of a violation of the Antideficiency Act, case number 01–02; to the EC–4149. A communication from the Attor- MEASURES REFERRED Committee on Appropriations. ney, Federal Motor Carrier Safety Adminis- tration, Department of Transportation, H.R. 911. An act to authorize the es- EC–4137. A communication from the Under Secretary of Defense, Comptroller, Depart- transmitting, pursuant to law, the report of tablishment of a memorial to victims ment of Defense, transmitting, pursuant to a nomination confirmed for the position of who died as a result of terrorist acts law, a report of a violation of the Administrator, Federal Motor Carrier Safety against the United States or its people, Antideficiency Act, case number 01–01; to the Administration, Department of Transpor- at home or abroad. Committee on Appropriations. tation, received on September 8, 2003; to the H.R. 1538. An act to posthumously EC–4138. A communication from the Under Committee on Commerce, Science, and award congressional gold medals to Secretary of Defense, Comptroller, Depart- Transportation. government workers and others who ment of Defense, transmitting, pursuant to EC–4150. A communication from the Sec- retary of Transportation, transmitting, pur- responded to the attacks on the World law, a report of a violation of the Antideficiency Act, case number 01–04; to the suant to law, the Department of Transpor- Trade Center and the Pentagon and Committee on Appropriations. tation’s report on increasing national safety perished and to people aboard United EC–4139. A communication from the Under belt use; to the Committee on Commerce, Airlines Flight 93 who helped resist the Secretary of Defense, Personnel and Readi- Science, and Transportation.

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.032 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11415 EC–4151. A communication from the Direc- to law, the report of a rule entitled ‘‘Emer- contract in the amount of $50,000,000 or more tor, Office of Surface Mining, Department of gency Planning and Community Right-to- to Japan; to the Committee on Foreign Rela- the Interior, transmitting, pursuant to law, Know Act; Extremely Hazardous Substances tions. the report of a rule entitled ‘‘Virginia Regu- List; Modification of Threshold Planning EC–4173. A communication from the Assist- latory Program’’ (VA–120–FOR) received on Quantity of Isophorone Diisocyanate’’ ant Secretary, Legislative Affairs, Depart- September 8, 2003; to the Committee on En- (FRL#7554–9) received on September 8, 2003; ment of State, transmitting, pursuant to ergy and Natural Resources. to the Committee on Environment and Pub- law, the report of a rule entitled ‘‘Visas: EC–4152. A communication from the Dep- lic Works. Documentation of Nonimmigrants Under the uty Associate Administrator, Environmental EC–4162. A communication from the Dep- Immigration and Nationality Act’’ received Protection Agency, transmitting, several uty Associate Administrator, Environmental on September 8, 2003; to the Committee on documents that the Agency recently issued Protection Agency, transmitting, pursuant Foreign Relations. related to its regulatory programs; to the to law, the report of a rule entitled ‘‘Na- EC–4174. A communication from the Audi- Committee on Environment and Public tional Emission Standards for Hazardous Air tor of the District of Columbia, transmit- Works. Pollutants for Iron and Steel Foundries’’ ting, a report relative to the Advisory Neigh- EC–4153. A communication from the Chair- (FRL#7554–5) received on September 8, 2003; borhood Commission; to the Committee on Governmental Affairs. man, Nuclear Regulatory Commission, trans- to the Committee on Environment and Pub- EC–4175. A communication from the In- mitting, a report relative to the Commis- lic Works. spector General, Railroad Retirement Board, sion’s actions taken to enhance security at EC–4163. A communication from the Chief, transmitting, pursuant to law, the budget re- licensed nuclear facilities and of radioactive Regulations Unit, Internal Revenue Service, quest for the Office of Inspector General, material; to the Committee on Environment transmitting, pursuant to law, the report of Railroad Retirement Board; to the Com- and Public Works. a rule entitled ‘‘Guidance Under Section mittee on Governmental Affairs. EC–4154. A communication from the Dep- 1502; Application of Section 108 to Members EC–4176. A communication from the Chair- uty Associate Administrator, Environmental of a Consolidated Group’’ (RIN1545–BC39) re- man of the Council of the District of Colum- Protection Agency, transmitting, pursuant ceived on September 8, 2003; to the Com- bia, transmitting, pursuant to law, a report to law, the report of a rule entitled ‘‘Na- mittee on Finance. relative to D.C. Act 15–114, ‘‘Presidential tional Emission Standards for Hazardous Air EC–4164. A communication from the Chief, Elector Deadline Waiver Temporary Amend- Pollutants for Stationary Combustion Tur- Regulations Unit, Internal Revenue Service, ment Act of 2003’’; to the Committee on Gov- bines’’ (FRL#7554–2) received on September transmitting, pursuant to law, the report of ernmental Affairs. 8, 2003; to the Committee on Environment a rule entitled ‘‘Limitation on Use of the EC–4177. A communication from the Chair- and Public Works. Nonaccrual-experience Method of Account- man of the Council of the District of Colum- EC–4155. A communication from the Dep- ing Under Section 448(d)(5)’’ (RIN1545–BC31) bia, transmitting, pursuant to law, a report uty Associate Administrator, Environmental received on September 8, 2003; to the Com- relative to D.C. Act 15–108 ‘‘Bowling Alley Protection Agency, transmitting, pursuant mittee on Finance. and Billiard Parlor Act of 2003’’; to the Com- to law, the report of a rule entitled ‘‘Na- EC–4165. A communication from the Chief, mittee on Governmental Affairs. tional Emission Standards for Hazardous Air Regulations Unit, Internal Revenue Service, EC–4178. A communication from the Chair- Pollutants: Miscellaneous Coating Manufac- transmitting, pursuant to law, the report of man of the Council of the District of Colum- turing’’ (FRL#7554–3) received on September a rule entitled ‘‘Nonprescription Drugs bia, transmitting, pursuant to law, a report 8, 2003; to the Committee on Environment Under Section 105(b)’’ (Rev. Rul. 2003–102) re- relative to D.C. Act 15–110 ‘‘Closing of a Pub- and Public Works. ceived on September 8, 2003; to the Com- lic Alley in Square 2297, S.O. 01–4263, Act of EC–4156. A communication from the Dep- mittee on Finance. 2003’’; to the Committee on Governmental uty Associate Administrator, Environmental EC–4166. A communication from the Regu- Affairs. Protection Agency, transmitting, pursuant lations Coordinator, Centers for Medicaid EC–4179. A communication from the Chair- to law, the report of a rule entitled ‘‘Na- and Medicare Services, transmitting, pursu- man of the Council of the District of Colum- tional Emission Standards for Hazardous Air ant to law, the report of a rule entitled bia, transmitting, pursuant to law, a report Pollutants: Surface Coating of Plastic Parts ‘‘Medicaid Program; Time Limitation of relative to D.C. Act 15–112 ‘‘District of Co- and Products’’ (FRL#7554–4) received on Sep- Price Recalculations and Record Keeping Re- lumbia Hail Improvement Amendment Act tember 8, 2003; to the Committee on Environ- quirements Under the Drug Rebate Pro- of 2003’’; to the Committee on Governmental ment and Public Works. gram’’ (RIN0938–AM20) received on Sep- Affairs. EC–4157. A communication from the Dep- tember 8, 2003; to the Committee on Finance. EC–4180. A communication from the Chair- uty Associate Administrator, Environmental EC–4167. A communication from the Chair- man of the Council of the District of Colum- Protection Agency, transmitting, pursuant man, Medicare Payment Advisory Commis- bia, transmitting, pursuant to law, a report to law, the report of a rule entitled ‘‘Revi- sion, transmitting, pursuant to law, the re- relative to D.C. Act 15–113 ‘‘Removal and sions to the Nevada State Implementation port of recommendations on the future of the Disposition of Abandoned and Other Unlaw- Plan, Clark County Air Quality Management social health maintenance organization dem- fully Parked Vehicles Reform Act of 2003’’; to the Committee on Governmental Affairs. Board’’ (FRL#7547–9) received on September onstration and on the issue of risk adjust- EC–4181. A communication from the Chair- 8, 2003; to the Committee on Environment ment for frail beneficiaries in the attached man of the Council of the District of Colum- and Public Works. report; to the Committee on Finance. bia, transmitting, pursuant to law, a report EC–4158. A communication from the Dep- EC–4168. A communication from the Sec- relative to D.C. Act 15–146 ‘‘Streamlining uty Associate Administrator, Environmental retary of Homeland Security, transmitting, Regulation Act of 2003’’; to the Committee Protection Agency, transmitting, pursuant pursuant to law, the Administration’s bill to on Governmental Affairs. to law, the report of a rule entitled ‘‘Protec- extend the customs user fees enacted in the EC–4182. A communication from the Chair- tion of Stratospheric Ozone: Phaseout of Consolidated Omnibus Budget Reconciliation man of the Council of the District of Colum- Chlorobromomethan Production and Con- Act of 1985; to the Committee on Finance. bia, transmitting, pursuant to law, a report sumption’’ (FRL#7553–3) received on Sep- EC–4169. A communication from the Sec- relative to D.C. Act 15–142 ‘‘Lincoln Square tember 8, 2003; to the Committee on Environ- retary of Homeland Security, transmitting, Theater Sales and Use Tax Exemption Tem- ment and Public Works. pursuant to law, a notification of the trans- porary Act of 2003’’; to the Committee on EC–4159. A communication from the Dep- fer of a function within the Department of Governmental Affairs. uty Associate Administrator, Environmental Homeland Security; to the Committee on Fi- EC–4183. A communication from the Chair- Protection Agency, transmitting, pursuant nance. man of the Council of the District of Colum- to law, the report of a rule entitled ‘‘Na- EC–4170. A communication from the Assist- bia, transmitting, pursuant to law, a report tional Emission Standards for Hazardous Air ant Secretary for Legislative Affairs, De- relative to D.C. Act 15–109 ‘‘Closing of a Pub- Pollutants: Chlorine and Hyrdochlorine Acid partment of State, transmitting, pursuant to lic Alley in Square 625, S.O. 01–187, Act of Emissions from Chlorine Production’’ law, a report relative to an amendment to 2003’’; to the Committee on Governmental (FRL#7554–6) received on September 8, 2003; Parts 123 and 125 of the International Traffic Affairs. to the Committee on Environment and Pub- in Arms Regulations; to the Committee on EC–4184. A communication from the Chair- lic Works. Foreign Relations. man, Defense Nuclear Facilities Safety EC–4160. A communication from the Dep- EC–4171. A communication from the Assist- Board, transmitting, pursuant to law, the uty Associate Administrator, Environmental ant Legal Adviser for Treaty Affairs, trans- Board’s Annual Report on Commercial Ac- Protection Agency, transmitting, pursuant mitting, pursuant to law, the report of text tivities; to the Committee on Governmental to law, the report of a rule entitled ‘‘Na- and background statements of international Affairs. tional Emission Standards for Hazardous Air agreements, other than treaties; to the Com- EC–4185. A communication from the Prin- Pollutants: Mercury Emissions from Mer- mittee on Foreign Relations. cipal Deputy, Office of the Under Secretary cury Cell Chlor-Alkali Plants’’ (FRL#7551–5) EC–4172. A communication from the Assist- of Defense, Personnel and Readiness, trans- received on September 8, 2003; to the Com- ant Secretary, Legislative Affairs, Depart- mitting, pursuant to law, a notification of an mittee on Environment and Public Works. ment of State, transmitting, pursuant to institution of higher education that has a EC–4161. A communication from the Dep- law, the report of certification of a proposed policy or practice of denying military re- uty Associate Administrator, Environmental license for the export of defense articles or cruiting personnel entry to campuses; to the Protection Agency, transmitting, pursuant defense services sold commercially under a Committee on Armed Services.

VerDate jul 14 2003 02:27 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.035 S11PT1 S11416 CONGRESSIONAL RECORD — SENATE September 11, 2003 EC–4186. A communication from the Chair- EC–4198. A communication from the Sec- S. 1612. A bill to establish a technology, man, Merit Systems Protection Board, retary of Health and Human Services, trans- equipment, and information transfer within transmitting, a copy of the Board’s Annual mitting, a recommendation for the applica- the Department of Homeland Security; to Report for FY 2002; to the Committee on ble percentage increase in Medicare’s hos- the Committee on Governmental Affairs. Governmental Affairs. pital inpatient prospective payment system By Mrs. LINCOLN (for herself, Ms. EC–4187. A communication from the Assist- rates for fiscal year 2004; to the Committee SNOWE, Mr. REID, Mr. SMITH, Mr. ant Secretary, Policy, Management and on Health, Education, Labor, and Pensions. BREAUX, Mr. ENSIGN, Mr. DURBIN, Mr. Budget, Department of the Interior, trans- EC–4199. A communication from the Asso- COCHRAN, Mr. LEAHY, Ms. COLLINS, mitting, pursuant to law, a report relative to ciate Special Counsel for Legal Counsel and Mr. GRAHAM of South Carolina, Mr. grants streamlining and standardization; to Policy, Office of Special Counsel, transmit- DASCHLE, Mrs. BOXER, Mr. KENNEDY, the Committee on Governmental Affairs. ting, the report of a vacancy, designation of Mr. KERRY, Mrs. FEINSTEIN, Mr. EC–4188. A communication from the Sec- acting officer, and nomination for the posi- BINGAMAN, Ms. LANDRIEU, and Mr. retary/Chief Administrative Officer, Postal tion of Special Counsel, received on Sep- SCHUMER): Rate Commission, transmitting, pursuant to tember 9, 2003; to the Committee on Health, S. 1613. A bill to amend the Internal Rev- law, the report of a nomination for the posi- Education, Labor, and Pensions. enue Code of 1986 to allow a United States tion of Commissioner, Postal Rate Commis- EC–4200. A communication from the Legal independent film and wage production cred- sion, received on September 8, 2003; to the Counsel, Equal Employment Opportunity it; to the Committee on Finance. Committee on Governmental Affairs. Commission, transmitting, the report of a EC–4189. A communication from the Regu- nomination confirmed for the position of f lations Coordinator, Office of the Secretary, General Counsel, Equal Employment Oppor- Department of Health and Human Services, SUBMISSION OF CONCURRENT AND tunity Commission, received on September 8, SENATE RESOLUTIONS transmitting, pursuant to law, the report of 2003; to the Committee on Health, Education, a rule entitled ‘‘Uniform Administrative Re- Labor, and Pensions. The following concurrent resolutions quirements for Awards and Subawards’’ re- EC–4201. A communication from the Assist- and Senate resolutions were read, and ceived on September 9, 2003; to the Com- ant Attorney General for Administration, referred (or acted upon), as indicated: mittee on Health, Education, Labor, and Department of Justice, transmitting, pursu- By Mr. FRIST (for himself, Mr. Pensions. ant to law, a request of the concurrence of EC–4190. A communication from the Rail- DASCHLE, Mr. MCCONNELL, Mr. REID, the Office of Management and Budget to con- road Retirement Board, transmitting, a Mr. AKAKA, Mr. ALEXANDER, Mr. AL- solidate the Attorney General’s Semiannual budget request for fiscal year 2005; to the LARD, Mr. ALLEN, Mr. BAUCUS, Mr. Report to Congress with the DOJ’s Annual Committee on Health, Education, Labor, and BAYH, Mr. BENNETT, Mr. BIDEN, Mr. Performance and Accountability Report; to Pensions. BINGAMAN, Mr. BOND, Mrs. BOXER, EC–4191. A communication from the White the Committee on the Judiciary. EC–4202. A communication from the Com- Mr. BREAUX, Mr. BROWNBACK, Mr. House Liaison, Office of Elementary and Sec- missioner, Federal Election Commission, BUNNING, Mr. BURNS, Mr. BYRD, Mr. ondary Education, Department of Education, transmitting, a copy of the Statement of CAMPBELL, Ms. CANTWELL, Mr. CAR- transmitting, pursuant to law, the report of PER, Mr. CHAFEE, Mr. CHAMBLISS, a designation of acting officer for the posi- Policy Regarding Deposition Transcripts in Nonpublic Investigations; to the Committee Mrs. CLINTON, Mr. COCHRAN, Mr. tion of Assistant Secretary, Office of Ele- COLEMAN, Ms. COLLINS, Mr. CONRAD, mentary and Secondary Education, received on Rules and Administration. EC–4203. A communication from the Sec- Mr. CORNYN, Mr. CORZINE, Mr. CRAIG, on September 8, 2003; to the Committee on retary of Veterans Affairs, transmitting, Mr. CRAPO, Mr. DAYTON, Mr. DEWINE, Health, Education, Labor, and Pensions. pursuant to law, the Department’s Strategic Mr. DODD, Mrs. DOLE, Mr. DOMENICI, EC–4192. A communication from the White Mr. DORGAN, Mr. DURBIN, Mr. ED- House Liaison, Office of Elementary and Sec- Plan for Fiscal Years 2003 through 2008; to the Committee on Veterans’ Affairs. WARDS, Mr. ENSIGN, Mr. ENZI, Mr. ondary Education, Department of Education, FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- transmitting, pursuant to law, the report of f GERALD, Mr. GRAHAM of Florida, Mr. a vacancy for the position of Deputy Sec- GRAHAM of South Carolina, Mr. retary, Office of Elementary and Secondary INTRODUCTION OF BILLS AND JOINT RESOLUTIONS GRASSLEY, Mr. GREGG, Mr. HAGEL, Education, received on September 8, 2003; to Mr. HARKIN, Mr. HATCH, Mr. HOL- the Committee on Health, Education, Labor, The following bills and joint resolu- LINGS, Mrs. HUTCHISON, Mr. INHOFE, and Pensions. tions were introduced, read the first Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- EC–4193. A communication from the White and second times by unanimous con- SON, Mr. KENNEDY, Mr. KERRY, Mr. House Liaison, Office of Elementary and Sec- KOHL, Mr. KYL, Ms. LANDRIEU, Mr. ondary Education, Department of Education, sent, and referred as indicated: LAUTENBERG, Mr. LEAHY, Mr. LEVIN, transmitting, pursuant to law, the report of By Mr. GRAHAM of South Carolina: Mr. LIEBERMAN, Mrs. LINCOLN, Mr. a designation of acting officer for the posi- S. 1607. A bill to establish a Federal pro- LOTT, Mr. LUGAR, Mr. MCCAIN, Ms. tion of Deputy Secretary, Office of Elemen- gram to provide reinsurance to improve the MIKULSKI, Mr. MILLER, Ms. MUR- tary and Secondary Education, received on availability of homeowners’ insurance; to September 8, 2003; to the Committee on the Committee on Banking, Housing, and KOWSKI, Mrs. MURRAY, Mr. NELSON of Health, Education, Labor, and Pensions. Urban Affairs. Florida, Mr. NELSON of Nebraska, Mr. EC–4194. A communication from the Direc- By Mr. SESSIONS (for himself and Mr. NICKLES, Mr. PRYOR, Mr. REED, Mr. tor, Regulations Policy and Management HATCH): ROBERTS, Mr. ROCKEFELLER, Mr. Staff, Food and Drug Administration, trans- S. 1608. A bill to increase the penalties for SANTORUM, Mr. SARBANES, Mr. SCHU- mitting, pursuant to law, the report of a rule terrorism against mass transportation and MER, Mr. SESSIONS, Mr. SHELBY, Mr. entitled ‘‘Food Additives Permitted for Di- railroads and provide law enforcement with SMITH, Ms. SNOWE, Mr. SPECTER, Ms. rect Addition to Food for Human Consump- the tools to combat and prevent attacks on STABENOW, Mr. STEVENS, Mr. SUNUNU, tion; Olestra’’ (Doc. No. 2000F–0792) received mass transportation and railroads; to the Mr. TALENT, Mr. THOMAS, Mr. on September 8, 2003; to the Committee on Committee on the Judiciary. VOINOVICH, Mr. WARNER, and Mr. Health, Education, Labor, and Pensions. By Mr. HATCH: WYDEN): EC–4195. A communication from the Sec- S. 1609. A bill to make aliens ineligible to S. Res. 224. A resolution expressing the retary of Health and Human Services, trans- receive visas and exclude aliens from admis- sense of the Senate on the second anniver- mitting, a report relative to the evaluation sion into the United States for nonpayment sary of the terrorist attacks against the of the Medicare Subvention Demonstration of child support; to the Committee on the United States on September 11, 2001; consid- Project for Military Retirees; to the Com- Judiciary. ered and agreed to. mittee on Health, Education, Labor, and By Mr. BAYH (for himself and Mr. By Mr. COCHRAN (for himself, Mr. Pensions. KERRY): HOLLINGS, Mr. KENNEDY, and Mr. EC–4196. A communication from the Sec- S. 1610. A bill to amend the Employee Re- GRAHAM of South Carolina): retary of Health and Human Services, trans- tirement Income Security Act of 1974 and the S. Con. Res. 67. A concurrent resolution ex- mitting, pursuant to law, a report entitled Internal Revenue Code of 1986 to ensure the pressing the need for enhanced public aware- Accounting for VA and DoD Expenditures for adequate funding of pension plans, and for ness of traumatic brain injury and sup- Medicare Beneficiaries’’; to the Committee other purposes; to the Committee on Fi- porting the designation of a National Brain on Health, Education, Labor, and Pensions. nance. Injury Awareness Month; to the Committee EC–4197. A communication from the Sec- By Mr. SPECTER: on the Judiciary. retary of Health and Human Services, trans- S. 1611. A bill to provide for the establish- f mitting, a report relative to promoting the ment of a commission to conduct a study use of information technology in health care concerning the overtime regulations of the ADDITIONAL COSPONSORS to increase patient safety, reduce medical er- Department of Labor; to the Committee on rors, and increase efficiency; to the Com- Health, Education, Labor, and Pensions. S. 333 mittee on Health, Education, Labor, and By Ms. COLLINS (for herself and Mr. At the request of Mrs. MURRAY, her Pensions. PRYOR): name was added as a cosponsor of S.

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.037 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11417 333, a bill to promote elder justice, and sponsor of S. 953, a bill to amend chap- kota (Mr. JOHNSON) and the Senator for other purposes. ter 53 of title 5, United States Code, to from New Mexico (Mr. DOMENICI) were S. 416 provide special pay for board certified added as cosponsors of S. 1601, a bill to At the request of Ms. SNOWE, the Federal Employees who are employed amend the Indian Child Protection and name of the Senator from Pennsyl- in health science positions, and for Family Violence Prevention Act to vania (Mr. SPECTER) was added as a co- other purposes. provide for the reporting and reduction sponsor of S. 416, a bill to amend title S. 985 of child abuse and family violence XVIII of the Social Security Act to At the request of Mr. DODD, the name incidences on Indian reservations, and provide for coverage under the medi- of the Senator from New Mexico (Mr. for other purposes. care program of annual screening pap BINGAMAN) was added as a cosponsor of S. RES. 209 smear and screening pelvic exams. S. 985, a bill to amend the Federal Law At the request of Mr. JEFFORDS, the Enforcement Pay Reform Act of 1990 to S. 480 names of the Senator from Louisiana adjust the percentage differentials pay- (Mr. BREAUX), the Senator from Dela- At the request of Mr. HARKIN, the able to Federal law enforcement offi- ware (Mr. CARPER), the Senator from names of the Senator from Vermont cers in certain high-cost areas, and for North Dakota (Mr. CONRAD), the Sen- (Mr. JEFFORDS), the Senator from Lou- other purposes. isiana (Ms. LANDRIEU) and the Senator ator from Hawaii (Mr. INOUYE) and the S. 1019 from Vermont (Mr. LEAHY) were added Senator from Connecticut (Mr. At the request of Mr. DEWINE, the LIEBERMAN) were added as cosponsors as cosponsors of S. 480, a bill to provide name of the Senator from New Mexico competitive grants for training court of S. Res. 209, a resolution recognizing (Mr. DOMENICI) was added as a cospon- and honoring Woodstock, Vermont, na- reporters and closed captioners to meet sor of S . 1019, a bill to amend titles 10 tive Hiram Powers for his extraor- requirements for realtime writers and 18, United States Code, to protect dinary and enduring contributions to under the Telecommunications Act of unborn victims of violence. 1996, and for other purposes. American sculpture. S. 1197 S. RES. 222 S. 606 At the request of Mr. ENZI, the name At the request of Mrs. MURRAY, her of the Senator from Vermont (Mr. JEF- At the request of Mr. BIDEN, the name was added as a cosponsor of S. FORDS) was added as a cosponsor of S. name of the Senator from Illinois (Mr. 606, a bill to provide collective bar- 1197, a bill to amend the Public Health FITZGERALD) was added as a cosponsor gaining rights for public safety officers Service Act to ensure the safety and of S . Res. 222, a resolution designating employed by States or their political accuracy of medical imaging examina- October 17, 2003 as ‘‘National Mammog- subdivisions. tions and radiation therapy treat- raphy Day’’. S. 736 ments. f At the request of Mr. ENSIGN, the S. 1246 STATEMENTS ON INTRODUCED names of the Senator from Wisconsin At the request of Mr. ROBERTS, the BILLS AND JOINT RESOLUTIONS (Mr. FEINGOLD) and the Senator from name of the Senator from Indiana (Mr. Maryland (Mr. SARBANES) were added LUGAR) was added as a cosponsor of S. By Mr. HATCH: as cosponsors of S. 736, a bill to amend 1246, a bill to amend the Internal Rev- S. 1609. A bill to make aliens ineli- the Animal Welfare Act to strengthen enue Code of 1986 to provide for colle- gible to receive visas and exclude enforcement of provisions relating to giate housing and infrastructure aliens from admission into the United animal fighting, and for other pur- grants. States for nonpayment of child sup- poses. S. 1298 port; to the Committee on the Judici- S. 852 At the request of Mr. AKAKA, the ary. Mr. HATCH. Mr. President, I rise At the request of Mr. DASCHLE, the name of the Senator from Maryland name of the Senator from Nevada (Mr. (Mr. SARBANES) was added as a cospon- today to introduce the Parental Re- sponsibility Obligations Met Through REID) was added as a cosponsor of S. sor of S. 1298, a bill to amend the Farm 852, a bill to amend title 10, United Security and Rural Investment Act of Immigration System Enforcement Act, States Code, to provide limited 2002 to ensure the humane slaughter of or PROMISE Act. Sadly, there are TRICARE program eligibility for mem- non-ambulatory livestock, and for many in our society who do not honor bers of the Ready Reserve of the Armed other purposes. their child support obligations, and ul- Forces, to provide financial support for S. 1396 timately, it is the children who are continuation of health insurance for At the request of Ms. SNOWE, the hurt by such irresponsibility. mobilized members of reserve compo- name of the Senator from Shockingly, many foreign nationals nents of the Armed Forces, and for (Mr. REED) was added as a cosponsor of are able to benefit from our immigra- other purposes. S. 1396, a bill to require equitable cov- tion laws notwithstanding their failure erage of prescription contraceptive to live up to their child support obliga- S. 853 drugs and devices, and contraceptive tions. As a matter of sound policy, our At the request of Ms. SNOWE, the services under health plans. immigration laws should require those name of the Senator from New York S. 1531 who wish to come into or remain in our (Mrs. CLINTON) was added as a cospon- At the request of Mr. HATCH, the country to comply with our moral and sor of S. 853, a bill to amend title XVIII names of the Senator from South Caro- ethical standards. Let us be clear in of the Social Security Act to eliminate lina (Mr. GRAHAM), the Senator from our message. If you do not live up to discriminatory copayment rates for Georgia (Mr. MILLER) and the Senator your financial obligations to your own outpatient psychiatric services under from Rhode Island (Mr. REED) were children, then you are not welcome in the medicare program. added as cosponsors of S. 1531, a bill to the United States. S. 939 require the Secretary of the Treasury I am introducing this legislation now At the request of Mr. HAGEL, the to mint coins in commemoration of because it is time to do something to name of the Senator from Michigan Chief Justice John Marshall. protect many children who are eco- (Mr. LEVIN) was added as a cosponsor of S. 1557 nomically disadvantaged or neglected. S. 939, a bill to amend part B of the In- At the request of Mr. SARBANES, the These children need clothes, food, and dividuals with Disabilities Education name of the Senator from California shelter—basic necessities of life. More- Act to provide full Federal funding of (Mrs. FEINSTEIN) was added as a co- over, when the deadbeat parents fail to such part, to provide an exception to sponsor of S. 1557, a bill to authorize meet their obligations to their own the local maintenance of effort require- the extension of nondiscriminatory children, it is our society and our tax- ments, and for other purposes. treatment (normal trade relations payers who must pick up the cost. Of S. 953 treatment) to the products of Armenia. course, we will do what we have to for At the request of Ms. LANDRIEU, the S. 1601 the children in our country, but we name of the Senator from Massachu- At the request of Mr. CAMPBELL, the need to hold the parents responsible setts (Mr. KENNEDY) was added as a co- names of the Senator from South Da- and impress upon them we will no

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.040 S11PT1 S11418 CONGRESSIONAL RECORD — SENATE September 11, 2003 longer tolerate their irresponsible atti- SEC. 4. AUTHORIZATION TO SERVE LEGAL PROC- (2)(B)(iv), a multiemployer plan may elect to tude toward their own children. ESS IN CHILD SUPPORT CASES ON use the emergency investment loss method CERTAIN ARRIVING ALIENS. described in this subparagraph, starting with Specifically, this legislation amends Section 235(d) of the Immigration and Na- the current Immigration and Nation- the first plan year in which there is an emer- tionality Act (8 U.S.C. 1225(d)) is amended by gency investment loss. ality Act, section 212(a), to include fail- adding at the end the following: ‘‘(ii) EMERGENCY INVESTMENT LOSS.—An ure to pay child support as a ground of ‘‘(5) AUTHORITY TO SERVE PROCESS IN CHILD emergency investment loss for any plan year inadmissibility. It will also amend sec- SUPPORT CASES.— beginning on or after July 1, 1999, and ending tion 101(f) of the Immigration and Na- ‘‘(A) IN GENERAL.—To the extent consistent before January 1, 2004, is the amount (if any) tionality Act so that one who fails to with State law, immigration officers are au- by which— thorized to serve on any alien who is an ap- pay child support is statutorily with- ‘‘(I) the fair market value of the plan’s as- plicant for admission to the United States, sets as of the last day of the plan year, is less out good moral character. The legisla- legal process with respect to any action to tion will cover not only orders from a than enforce a legal obligation of an individual to ‘‘(II) the fair market value which would court in the United States but also for- pay child support (as defined in section 459(i) have been determined if the plan’s earnings eign courts with which our Federal or of the Social Security Act). for the plan year had been equal to the pro- State governments have reciprocity ‘‘(B) DEFINITION.—For purposes of subpara- jected investment return based on the actu- agreements. As such, deadbeat parents graph (A), the term ‘legal process’ means any arial interest rate under paragraph (5)(A) for cannot use the United States as a writ, order, summons, or other similar proc- the plan year, applied to the fair market ess that is issued by— value of assets as of the beginning of the haven from child support enforcement ‘‘(i) a court or an administrative agency of by other governments. year and noninvestment cash flows during competent jurisdiction in any State, terri- the year. In conclusion, we must be mindful tory, or possession of the United States; or ‘‘(iii) AMORTIZATION OF EMERGENCY INVEST- that permission to enter the United ‘‘(ii) an authorized official pursuant to an MENT LOSS.—The funding standard account States is a privilege and not a right. order of such a court or agency or pursuant shall be charged with the amounts necessary We will not grant this privilege to indi- to State or local law.’’. to amortize in equal annual installments viduals who do not respect the law of SEC. 5. AUTHORIZATION TO OBTAIN INFORMA- (until fully amortized) the plan’s emergency our Nation, the laws of their home TION ON CHILD SUPPORT PAY- investment loss over a period of 30 plan MENTS BY ALIENS. years. country, or their moral duty to provide Section 453(h) of the Social Security Act for their children. ‘‘(iv) TREATMENT OF ADJUSTED NET ACTU- (42 U.S.C. 653(h)) is amended by adding at the ARIAL EXPERIENCE.—If an election is in effect I ask for your support of the PROM- end the following: for any plan year described in clause (ii)— ISE Act. ‘‘(4) PROVISION TO ATTORNEY GENERAL AND ‘‘(I) any net experience gain otherwise de- Mr. HATCH. Mr. President, I ask SECRETARY OF STATE OF INFORMATION ON PER- termined for such year under paragraph unanimous consent that the text of the SONS DELINQUENT IN CHILD SUPPORT PAY- (2)(B)(iv) shall be increased by an amount MENTS.—On request by the Attorney General, bill be printed in the RECORD. equal to the emergency investment loss for Secretary of Homeland Security, or the Sec- There being no objection, the bill was such year, and retary of State, the Secretary of Health and ‘‘(II) any net experience loss otherwise de- ordered to be printed in the RECORD, as Human Services shall provide the requestor follows: termined for such year under paragraph with such information as the Secretary of (3)(B)(ii) shall be reduced by the emergency S. 1609 Health and Human Services determines may investment loss for such year, except that if Be it enacted by the Senate and House of Rep- aid them in determining whether an alien is such emergency investment loss exceeds resentatives of the United States of America in delinquent in the payment of child sup- such net experience loss, the excess shall be Congress assembled, port.’’. treated as a net experience gain for such SEC. 6. EFFECTIVE DATE. SECTION 1. SHORT TITLE. year for purposes of paragraph (2)(B)(iv).’’ This Act and the amendments made by This Act may be cited as the ‘‘Parental Re- (b) AMENDMENT TO THE EMPLOYEE RETIRE- this Act shall take effect on the date that is MENT INCOME SECURITY ACT OF 1974.—Section sponsibility Obligations Met through Immi- 90 days after the date of enactment of this 302(b)(7) of the Employee Retirement Income gration System Enforcement Act’’ or Act and shall apply to aliens who apply for Security Act of 1974 (29 U.S.C. 1082(b)(7)) is ‘‘PROMISE Act’’. benefits under the Immigration and Nation- amended by adding at the end the following: SEC. 2. ALIENS INELIGIBLE TO RECEIVE VISAS ality Act (8 U.S.C. 1101 et seq.) on or after ‘‘(F)(i) In lieu of amortizing net experience AND EXCLUDED FROM ADMISSION such effective date. loss as prescribed in paragraph (2)(B)(iv), a FOR NONPAYMENT OF CHILD SUP- multiemployer plan may elect to use the PORT. emergency investment loss method described Section 212(a)(10) of the Immigration and By Mr. BAYH (for himself and in this subparagraph, starting with the first Nationality Act (8 U.S.C. 1182(a)(10)) is Mr. KERRY): S. 1610. A bill to amend the Employee plan year in which there is an emergency in- amended by adding at the end the following: vestment loss. ‘‘(F) NONPAYMENT OF CHILD SUPPORT.— Retirement Income Security Act of ‘‘(ii) An emergency investment loss for any ‘‘(i) IN GENERAL.—Except as provided in 1974 and the Internal Revenue Code of plan year beginning on or after July 1, 1999, clause (ii), an alien who is legally obligated 1986 to ensure the adequate funding of and ending before January 1, 2004, is the under a judgment, decree, or order to pay pension plans, and for other purposes; amount (if any) by which— child support and whose failure to pay such to the Committee on Finance. ‘‘(I) the fair market value of the plan’s as- child support has resulted in an arrearage is sets as of the last day of the plan year, is less inadmissible. Mr. BAYH. Mr. President, I ask unan- imous consent that the text of the bill than ‘‘(ii) EXCEPTION.—An alien described in ‘‘(II) the fair market value which would clause (i) may be admissible when child sup- be printed in the RECORD. have been determined if the plan’s earnings port payments under the judgment, decree, There being no objection, the bill was for the plan year had been equal to the pro- or order are satisfied or the alien is in com- ordered to be printed in the RECORD, as jected investment return based on the actu- pliance with an approved payment agree- follows: arial interest rate under paragraph (5)(A) for ment.’’. S. 1610 the plan year, applied to the fair market SEC. 3. EFFECT OF NONPAYMENT OF CHILD SUP- Be it enacted by the Senate and House of Rep- value of assets as of the beginning of the PORT ON ESTABLISHMENT OF GOOD year and noninvestment cash flows during MORAL CHARACTER. resentatives of the United States of America in Congress assembled, the year. Section 101(f) of the Immigration and Na- ‘‘(iii) The funding standard account shall tionality Act (8 U.S.C. 1101(f)) is amended— SECTION 1. SHORT TITLE. be charged with the amounts necessary to (1) in paragraph (8), by striking the period This Act may be cited as the ‘‘Defined Ben- amortize in equal annual installments (until at the end and inserting ‘‘; or’’; and efit Pension Plan Reform Act of 2003’’. fully amortized) the plan’s emergency in- (2) by inserting after paragraph (8) the fol- SEC. 2. MULTIEMPLOYER PLAN EMERGENCY IN- vestment loss over a period of 30 plan years. lowing: VESTMENT LOSS RULE. ‘‘(iv) If an election is in effect for any plan ‘‘(9) one who is legally obligated under a (a) AMENDMENT TO THE INTERNAL REVENUE year described in clause (ii)— judgment, decree, or order to pay child sup- CODE OF 1986.—Section 412(b)(7) of the Inter- ‘‘(I) any net experience gain otherwise de- port (as defined in section 212(a)(10)), and nal Revenue Code of 1986 (relating to special termined for such year under paragraph whose failure to pay such child support has rules for multiemployer plans) is amended (2)(B)(iv) shall be increased by an amount resulted in any arrearage, unless support by adding at the end the following: equal to the emergency investment loss for payments under the judgment, decree, or ‘‘(F) EMERGENCY INVESTMENT LOSS METH- such year, and order are satisfied or the alien is in compli- OD.— ‘‘(II) any net experience loss otherwise de- ance with an approved payment agree- ‘‘(i) IN GENERAL.—In lieu of amortizing net termined for such year under paragraph ment.’’. experience loss as prescribed in paragraph (3)(B)(ii) shall be reduced by the emergency

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.041 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11419 investment loss for such year, except that if tables under clause (ii)) to determine current Labor, to the Committee on Health, such emergency investment loss exceeds liability under this subsection. For this pur- Education, Labor, and Pensions. such net experience loss, the excess shall be pose, the Secretary of the Treasury shall Mr. SPECTER. Mr. President, I treated as a net experience gain for such take into account the Society of Actuaries sought recognition to introduce legis- year for purposes of paragraph (2)(B)(iv).’’ RP–2000 Mortality Table, as adjusted to take lation to create a commission on over- (c) ELECTION PROCEDURE.— into account the collar adjustment pre- (1) IN GENERAL.—The Secretary of the scribed in such table to reflect the workforce time pay. Treasury shall prescribe a procedure under covered by the plan. Yesterday, the Senate passed an which multiemployer plans that elect to use ‘‘(II) CLASSIFICATION OF WORKERS.—For amendment to preclude Federal fund- the emergency investment loss method de- purposes of this clause, individuals shall be ing for the regulation issued by the De- scribed in section 412(b)(7)(F) of the Internal classified as blue-collar or white-collar partment of Labor on overtime pay, Revenue Code of 1986 and section 302(b)(7)(F) workers under rules prescribed by the Sec- and it is uncertain what will happen as of the Employee Retirement Income Secu- retary of the Treasury. In prescribing such the bill goes to conference. There has rity Act of 1974 may do so either by starting rules, the Secretary of the Treasury shall been a representation that the Presi- the special amortization periods in the actu- treat professional employees (within the arial valuations for each of the affected plan meaning of section 410 of the Internal Rev- dent will veto the appropriations bill years or by starting with a cumulative emer- enue Code of 1986) as white-collar workers. on Labor, Health and Human Services, gency investment loss and adjusted net actu- ‘‘(III) CONSISTENT USE.—If an employer and Education if this regulation is not arial experience (based on the outstanding elects to use the tables prescribed under sub- in the bill. balance of the experience gain bases for the clause (I) for any plan established or main- It seems to me we ought to be taking affected plan years, reduced by the cumu- tained by the employer, the employer shall another step, and that is to create a lative emergency investment loss) in the ac- use the tables for all such plans other than a commission to deal with this issue so tuarial valuation for the last plan year end- plan for which use of the tables is prohibited we are prepared in any eventuality. ing before January 1, 2004. under regulations prescribed by the Sec- There is no doubt that the 1945 regula- (2) FILING PERIOD.—The procedures de- retary of the Treasury.’’. scribed in paragraph (1) shall provide a pe- (c) EFFECTIVE DATE.—The amendments tions on the Fair Labor Standards Act, riod of not less than 210 days after the date made by this section shall be effective as of that those regulations are vastly out of of enactment of this Act for multiemployer the date of the enactment of this Act. date and they ought to be revised. plans to file Schedule Bs (relating to actu- SEC. 4. MODIFICATION OF FULL-FUNDING LIMI- There are many lawsuits, some class arial information under the plan) to the TATION FOR PURPOSES OF DEDUC- actions, to determine what the defini- Form 5500 Annual Reports for the plan years TION LIMITS ON EMPLOYER PEN- tions are for those who are or who are for which the emergency investment loss SION CONTRIBUTIONS. (a) IN GENERAL.—Section 404(a)(1)(A) of the not covered by overtime pay that method is elected, including amended Sched- ought to be clarified. Clarification can ule Bs for annual reports previously filed. Internal Revenue Code of 1986 (relating to limitation on deductibility of employer con- (d) EFFECTIVE DATE.—The amendments be achieved without having the mas- made by this section shall apply to years be- tributions) is amended by adding at the end sive disruption on the change on over- ginning after June 30, 1999. the following: ‘‘In determining the full fund- time pay for so many in the workforce. ing limitation for purposes of the preceding SEC. 3. MORTALITY TABLE ADJUSTMENT. A change in the overtime pay for sentence for any year beginning after De- those in the workforce would be espe- (a) AMENDMENT TO THE INTERNAL REVENUE cember 31, 2003, the amount determined CODE OF 1986.—Section 412(l)(7)(C) of the In- under section 412(c)(7)(A)(i) shall in no event cially problematic given the economic ternal Revenue Code of 1986 is amended by be treated as being less than 130 percent of situation at hand, that it is a difficult adding at the end the following: current liability (including the expected in- time and there ought not to be that ‘‘(iv) SEPARATE MORTALITY TABLES FOR crease in current liability due to benefits ac- kind of disruption which would be oc- BLUE-COLLAR AND WHITE-COLLAR WORKERS.— cruing during the year).’’ casioned by this bill, by the regula- ‘‘(I) IN GENERAL.—Notwithstanding clause (b) EFFECTIVE DATE.—The amendments tions going into effect. (ii), in the case of plan years beginning after made by this section shall apply to years be- December 31, 2003, the Secretary shall estab- Even though the Department of La- ginning after December 31, 2003. bor’s propose legislation stated that lish separate mortality tables for blue-collar SEC. 5. REQUIRED NOTIFICATION OF PARTICI- workers and white-collar workers which may PANTS AND BENEFICIARIES OF the Department could not exactly clar- be used (in lieu of the tables under clause PLAN TERMINATIONS BY PENSION ify which workers would be exempt or (ii)) to determine current liability under this BENEFIT GUARANTY CORPORATION. not exempt based on the current and subsection. For this purpose, the Secretary (a) IN GENERAL.—Section 4042(b) of the Em- the proposed rules, the commission shall take into account the Society of Actu- ployee Retirement Income Security Act of which I am proposing would have rep- aries RP–2000 Mortality Table, as adjusted to 1974 (29 U.S.C. 1342(b)) is amended by adding resentatives from business, the public take into account the collar adjustment pre- at the end the following: scribed in such table to reflect the workforce ‘‘(4)(A) Not later than 30 days after the cor- sector, the labor groups, with wide- covered by the plan. poration notifies a plan administrator under spread approval from congressional ‘‘(II) CLASSIFICATION OF WORKERS.—For this subsection regarding the commence- leaders, and is a preferable course so purposes of this clause, individuals shall be ment of proceedings to terminate a plan we can achieve both objectives; that is, classified as blue-collar or white-collar under this section, the corporation shall pro- to have clarification on the outdated workers under rules prescribed by the Sec- vide notice of such proceedings to affected regulations to avoid the litigation and retary. In prescribing such rules, the Sec- parties as provided in this paragraph. The know who is exempt and who is not ex- notice shall state that such termination is retary shall treat professional employees empt while doing it without massive (within the meaning of section 410) as white- intended, the proposed termination date, and collar workers. the procedure for such termination under disruption of the overtime pay at a ‘‘(III) CONSISTENT USE.—If an employer this section. very difficult time for the workers. elects to use the tables prescribed under sub- ‘‘(B) Upon notice to the plan of the com- To reiterate, today I am introducing clause (I) for any plan established or main- mencement of proceedings, the plan adminis- legislation to establish a commission tained by the employer, the employer shall trator shall provide the corporation with a to conduct a thorough study of issues use the tables for all such plans other than a list of the names and addresses of all partici- relating to modernization of the Fair plan for which use of the tables is prohibited pants and beneficiaries of the plan. ‘‘(C) The corporation shall provide— Labor Standards Act overtime provi- under regulations prescribed by the Sec- sions. These provisions have remained retary.’’. ‘‘(i) written notice to each affected party substantially unchanged since 1975, de- (b) AMENDMENT TO THE EMPLOYEE RETIRE- of the plan; and MENT INCOME SECURITY ACT OF 1974.—Section ‘‘(ii) notice in the 2 newspapers with the spite changes in the modern work 302(d)(7)(C) of the Employee Retirement In- largest circulation in the area of the major- place. come Security Act of 1974 (29 U.S.C. ity of the affected parties.’’. On March 31, 2003, the Labor Depart- 1082(d)(7)(C)) is amended by adding at the end (b) EFFECTIVE DATE.—The amendment ment issued proposed regulations to the following: made by this section shall apply to pro- update the exemptions from overtime ceedings commenced after the date of enact- ‘‘(iv) SEPARATE MORTALITY TABLES FOR ment of this Act. pay for executive, administrative, pro- BLUE-COLLAR AND WHITE-COLLAR WORKERS.— fessional, outside sales and computer ‘‘(I) IN GENERAL.—Notwithstanding clause employees. More than 70,000 comments (ii), in the case of plan years beginning after By Mr. SPECTER: December 31, 2003, the Secretary of the S. 1611. A bill to provide for the es- were received by the June 30, 2003 dead- Treasury shall establish separate mortality tablishment of a commission to con- line. Due to the controversy generated tables for blue-collar workers and white-col- duct a study concerning the overtime by the proposed regulations, I held a lar workers which may be used (in lieu of the regulations of the Department of hearing on July 31, 2003 to explore this

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.044 S11PT1 S11420 CONGRESSIONAL RECORD — SENATE September 11, 2003 complex question. We heard testimony There being no objection, the bill was (C) assess the paperwork burden that em- from the Labor Department, as well as ordered to be printed in the RECORD, as ployers would have in order to assure that organized labor and business represent- follows: each individual worker, claimed to be ex- atives. It was evident that while there S. 1611 empt from such overtime requirements, ac- was general agreement that greater tually is exempt under such regulation; Be it enacted by the Senate and House of Rep- (D) assess the extent to which it will be resentatives of the United States of America in clarity of definitions concerning over- clear to the individual worker as to his or Congress assembled, time pay eligibility would be beneficial her overtime pay protection under the pro- to both employees and workers there SECTION 1. COMMISSION ON OVERTIME REGULA- posed regulation; TIONS. was disagreement about the impact of (E) determine the impact of the proposed (a) ESTABLISHMENT OF COMMISSION.—There the proposed regulations, and no con- is established the Commission on Overtime regulation on the access of individuals to sensus about how to achieve greater Regulations (in this section referred to as health care based upon the impact the pro- clarity and compliance to avoid costly the ‘‘Commission’’). posed regulation has on nurses and phar- lawsuits. Even the Labor Department’s (b) MEMBERSHIP.— macists, and the impact that such regulation proposed regulations stated that the (1) COMPOSITION.—The Commission shall be has on fundamental security occupations of Department could not exactly clarify composed of 11 members of whom— first responders such as police, firefighters, and paramedics; which workers are exempt and non- (A) 1 member shall be appointed by the Secretary of Labor from the general public; (F) identify how the proposed regulation exempt based on the current and pro- (B) 1 member shall be a representative of would affect enforcement and compliance ac- posed rules. business to be nominated by the United tions of the Department of Labor; The commission I am proposing will States Chamber of Commerce and appointed (G) make recommendation to simplify the bring together experts to study these by the Secretary of Labor; definitions of professional or managerial du- ambiguities and other issues deemed (C) 1 member shall be a representative of ties that exempt workers from overtime re- appropriate, and report to the Sec- organized labor to be nominated by the AFL- quirements so that they have a greater abil- retary of Labor and Congress by July CIO and appointed by the Secretary of ity to know in advance what their expecta- 30, 2004. The legislation also specifies Labor; tions should be; that the proposed overtime regulation (D) 1 member shall be appointed by the (H) identify new and emerging specialty positions in the modern workplace that re- will not become effective until 60 days chairman of the Committee on Health, Edu- cation, Labor, and Pensions of the Senate; quire clarification of their status with re- after the date the commission report is (E) 1 member shall be appointed by the spect to the profession employees exemption submitted. ranking minority member of the Committee to the overtime requirements; The commission will be composed of on Health, Education, Labor, and Pensions of (I) review the need to update the exemp- 11 members representing organized the Senate; tion to the overtime requirements for com- labor, the business community, the (F) 1 member shall be appointed by the puter workers; general public and Federal officials. chairman of the Committee on Appropria- (J) examine the merits of an income ceil- The commission members will be ap- tions of the Senate; ing above which workers would be exempt pointed on a bipartisan, bicameral (G) 1 member shall be appointed by the from the overtime requirements; basis and shall be appointed by the ranking minority member of the Committee (K) review the salary levels used to trigger the regulatory tests for overtime compli- Secretary of Labor, and the House and on Appropriations of the Senate; (H) 1 member shall be appointed by the ance, including the merits and drawbacks of Senate appropriations and authorizing chairman of the Committee on Education indexing such levels for inflation; committees. and the Workforce of the House of Rep- (L) consider what kind of limited or condi- The primary duties of the commis- resentatives; tional ‘‘docking’’ flexibility would provide sion will be to conduct a thorough (I) 1 member shall be appointed by the employers with alternatives to termination study of, and develop recommendations ranking minority member of the Committee and to week-long suspensions without being on, issues relating to the moderniza- on Education and the Workforce of the used as a subterfuge to evade or undermine tion of the overtime provisions of the House of Representatives; the salary test with respect to overtime re- Fair Labor Standards Act of 1938. (J) 1 member shall be appointed by the quirements; Specifically the commission will: chairman of the Committee on Appropria- (M) identify obstacles small businesses (1) Review categories and numbers of tions of the House of Representatives; and may face in achieving compliance or correc- tion with respect to the overtime require- workers not eligible for overtime pay (K) 1 member shall be appointed by the ranking minority member of the Committee ments and develop a means to overcome under current regulations and identify on Appropriations of the House of Represent- those obstacles; how many workers and employers atives. (N) clarify the definition of ‘‘workplace might be affected by proposed changes (2) PERIOD OF APPOINTMENT; VACANCIES.— conduct’’ so that employers and employees to the current regulation; Members shall be appointed for the life of know whether dangerous or abusive situa- (2) Determine if the proposed regula- the Commission. Any vacancy in the Com- tions, such as harassment or violence off the tion relating to overtime is sufficiently mission shall not affect its powers, and shall employer’s premises can, nevertheless, be ad- clear to be easily understood by em- be filled in the same manner as the original dressed in a manner consistent with the Fair ployers and workers; appointment. Labor Standards Act of 1938; (3) Assess the paperwork burden that (3) QUORUM.—A majority of the members of (O) identify ways in which employers can the Commission shall constitute a quorum, satisfy the requirement that policies regard- employers would have in order to as- but a lesser number of members may hold ing workplace conduct be in writing to per- sure that each individual worker, hearings. mit the use of other forms of notice or other claimed to be exempt from such over- (4) CHAIRPERSON AND VICE CHAIRPERSON.— technologies for communications while en- time requirements, actually is exempt The Commission shall select a Chairperson suring that notice is fairly provided to work- under such regulation; and Vice Chairperson from among its mem- ers; (4) Assess the extent to which it will bers. (P) identify ways to improve the avail- be clear to the individual worker as to (c) DUTIES OF THE COMMISSION.— ability of the proposed safe harbor means of his or her overtime pay protection (1) STUDY.—The Commission shall conduct demonstrating compliance with the overtime a thorough study of, and develop rec- regulations by clarifying that such regula- under the proposed regulation; and ommendations on, issues relating to the tions are intended to parallel existing legal (5) Determine the impact of the regu- modernization of the overtime provisions of requirements for discrimination or labor law lation on nurses, pharmacists, and po- the Fair Labor Standards Act of 1938 (29 cases and not to prompt new litigation or lice, firefighters and paramedics. U.S.C. 201 et seq.) in order to promote clarity confusion; and Given the extreme controversy over and compliance. In conducting such study (Q) study other issues determined appro- the proposed overtime regulation, I be- the Commission shall— priate by the Commission. lieve that the legislation that I am pro- (A) review the categories and number of (2) REPORT.—Not later than July 30, 2004, posing will provide an opportunity for workers not eligible for overtime pay under the Commission shall prepare and submit to all sides to air the concerns and work current regulations under the Fair Labor the Secretary of Labor, the appropriate com- with the Secretary of Labor to craft a Standards Act of 1938 and identify how many mittees of Congress, and the general public a workers and employers might be affected by report concerning the study conducted under regulation that will benefit employers, proposed changes to such regulations; paragraph (1). The report shall include the employees and the general public. (B) determine if the proposed regulation findings and recommendations of the Com- I ask unanimous consent that the relating to overtime is sufficiently clear to mission with respect to the matters de- text of the bill be printed in the be easily understood by employers and work- scribed in subparagraphs (A) through (Q) of RECORD. ers; paragraph (1).

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.045 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11421 (3) EFFECTIVE DATE OF REVISED REGULA- the terrorist attacks told us much enforcement agencies protecting bor- TIONS.—The Secretary of Labor shall ensure about the strength of our people, they ders, cargo ports, and other freight that the effective date for any proposed also revealed many weaknesses—in transportation links will be able to se- modifications to the regulations relating to planning, cohesiveness and coopera- the overtime requirements under the Fair cure advanced detection and moni- Labor Standards Act of 1938 is not earlier tion—in our government. The question toring equipment that may not be pur- than 60 days after the date on which the re- we in government must answer today chased using other Office for Domestic is whether our planning is more com- port is submitted under paragraph (2). Preparedness funds. This program, (d) POWERS OF THE COMMISSION.— prehensive, preparedness more effec- (1) HEARINGS.—The Commission may hold tive, and the interactions among the then, will fill in the technology gaps such hearings, sit and act at such times and various agencies of government more between traditional homeland security places, take such testimony, and receive cohesive and cooperative. assistance programs. such evidence as the Commission considers Since September 11, 2001, the Federal advisable to carry out this section. The Com- This is not another open-ended grant mission shall, to the maximum extent pos- Government has worked to forge a new program. Rather, the counter-ter- sible, use existing data and research prior to relationship with State and local gov- rorism technologies and equipment ernments. During the past 2 years, holding such hearings. themselves will be available from a (2) INFORMATION FROM FEDERAL AGENCIES.— Congress has provided $11 billion to The Commission may secure directly from States and localities to help equip and catalog of items proven to work. any Federal department or agency such in- train their police, fire, and emergency Transferring the technology, instead of formation as the Commission considers nec- personnel. Federal experts have trained providing a monetary grant, will en- essary to carry out this section. Upon re- more than 450,000 State and local first able ODP to provide the appropriate quest of the Chairperson of the Commission, the head of such department or agency shall responders and conducted nearly 450 training to law enforcement officials. furnish such information to the Commission. training exercises throughout the Our legislation is modeled after a (3) POSTAL SERVICES.—The Commission country. These efforts have better program that works—the successful may use the United States mails in the same equipped our communities and first re- Technology Transfer Program within manner and under the same conditions as sponders to respond to a terrorist at- other departments and agencies of the Fed- tack. the Counterdrug Technology Assess- eral Government. But we must do more to help first re- ment Center. Since 1998, this program (e) COMMISSION PERSONNEL MATTERS.— sponders become first preventers—to has provided nearly five thousand (1) COMPENSATION; TRAVEL EXPENSES.— pieces of equipment to roughly twenty Each member of the Commission shall serve help them apprehend terrorists and without compensation but shall be allowed thwart attacks before they happen. Our percent of the Nation’s State and local travel expenses, including per diem in lieu of communities requires more than de- law enforcement agencies. It has also subsistence, at rates authorized for employ- contamination equipment to treat operated efficiently: administrative ees of agencies under subchapter I of chapter those affected by a dirty bomb—we costs run less than 10 percent of the 57 of title 5, United States Code, while away need to give our law enforcement agen- total funding per year. from their homes or regular places of busi- cies innovative monitoring tech- ness in the performance of services for the nologies to thwart terrorists before I commend Secretary Ridge for his Commission. they strike. outstanding efforts on the monumental (2) STAFF AND EQUIPMENT.—The Depart- ment of Labor shall provide all financial, ad- As the Portland Press Herald re- challenge of incorporating nearly two- ministrative, and staffing requirements for ported just last week, ‘‘While [Maine] dozen agencies into the new Depart- the Commission including— is better equipped to respond to a ment of Homeland Security. But just (A) office space; chemical strike or ‘‘dirty’’ radioactive as it is our first responders who are on (B) furnishings; and bomb, little has been spent to prevent the front lines when terrorism strikes, (C) equipment. such an attack.’’ The legislation I am it is our law enforcement community, (f) TERMINATION OF THE COMMISSION.—The introducing today is aimed squarely at Commission shall terminate 90 days after the our ‘‘first preventers,’’ who can best prevention. date on which the Commission submits its thwart terrorism before it occurs. We report under subsection (c)(2). The Homeland Security Act estab- lished a framework to research and de- must build on Secretary Ridge’s efforts By Ms. COLLINS (for herself and velop new advanced counter-terrorism by helping to ensure that our state and Mr. PRYOR): technologies. The Homeland Security local law enforcement agencies have S. 1612. A bill to establish a tech- Appropriations bill passed by the Sen- the equipment and training they need. nology, equipment, and information ate just a few months ago will provide I am pleased to have the support the millions needed to fund this effort. transfer within the Department of from police chiefs and sheriffs across Homeland Security; to the Committee Many other agencies, both within and America. In fact, the National Sheriffs’ on Governmental Affairs. outside the Department of Homeland Ms. COLLINS. Mr. President, I rise Security, are developing technologies Association, the International Associa- today to reflect on the terrorist at- that could be used to prevent future tion of Chiefs of Police, and the Major tacks of 2 years ago, and to remember terrorist attacks. City Policy Chiefs have already voiced those who lost their lives or their loved I am pleased to introduce legislation their support for this legislation. ones on that tragic day. We also pause with my colleague from Arkansas, Sen- A few weeks ago, the Port Authority to honor the heroes who came to the ator PRYOR, which would help the De- of New York and New Jersey released rescue that day: our firefighters, police partment quickly identify and transfer transcripts of the 911 tapes from that officers, and emergency workers. cutting edge counter-terrorism tech- Two years ago, a brilliant late-sum- nologies and equipment to the front awful day, more than 1,800 tragic pages mer Tuesday morning turned without lines. Under our legislation, the Direc- that tell an inspiring story of everyday warning into a horror of fire, smoke tor of the Office for Domestic Pre- people responding as extraordinary he- and chaos. Just another workday sud- paredness, working with State and roes. We in government must not for- denly became a day of unimaginable local law enforcement officials, the get that story as we proceed with the loss, courage and sacrifice. What hap- Science and Technology Directorate, difficult task we have undertaken, one pened in New York City, Washington and other Federal agencies will iden- that may never be finished but that and Pennsylvania 2 years ago ensured tify counter-terrorism technologies must progress. Let every September 11, that September 11 would be forever a with the potential to significantly as- then, be both a day of remembrance solemn anniversary we will observe sist the law enforcement community. and a day when we commit ourselves to with reverence and reflection. It is a Once these technologies have been better protect the citizens of this great date we will keep in our places of wor- identified, State and local law enforce- ship, in our streets and public parks, ment agencies can apply to receive Nation. certainly in our hearts. these technologies and equipment di- This second anniversary also is an rectly from the Department of Home- appropriate time for assessment. While land Security. For example, those law

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.042 S11PT1 S11422 CONGRESSIONAL RECORD — SENATE September 11, 2003 SUBMITTED RESOLUTIONS onstrated extraordinary courage and com- sisting of approximately $31,700,000,000 for passion; hospitalization expenditures and approxi- Whereas local, State, and Federal leaders mately $16,600,000,000 for fatal brain injury SENATE RESOLUTION 224—EX- set aside differences and worked together to expenditures; PRESSING THE SENSE OF THE provide for those who were attacked and to Whereas the lack of public awareness is so SENATE ON THE SECOND ANNI- protect those who remained; vast that traumatic brain injury is known in Whereas nations around the world provided VERSARY OF THE TERRORIST the disability community as the Nation’s material support and moral support to the ‘‘silent epidemic’’; ATTACKS AGAINST THE UNITED United States as it recovered from the ter- Whereas the designation of a National STATES ON SEPTEMBER 11, 2001 rorist attacks; Now, therefore, be it Brain Injury Awareness Month will work to- Mr. FRIST (for himself, Mr. DASCHLE, Resolved, That the United States Senate— ward enhancing the public awareness of trau- Mr. MCCONNELL, Mr. REID, Mr. AKAKA, (1) recognizes September 11 as both a day matic brain injury; to remember those taken so suddenly and so Whereas former President Ronald Reagan Mr. ALEXANDER, Mr. ALLARD, Mr. ruthlessly, and a day for Americans to re- proclaimed the month of October 1984 as Na- ALLEN, Mr. BAUCUS, Mr. BAYH, Mr. commit themselves to our great national tional Head Injury Awareness Month; and BENNETT, Mr. BIDEN, Mr. BINGAMAN, purpose; Whereas the Brain Injury Association of Mr. BOND, Mrs. BOXER, Mr. BREAUX, (2) extends its deepest sympathies to the America has recognized October as Brain In- Mr. BROWNBACK, Mr. BUNNING, Mr. countless innocent victims of the September jury Awareness Month since 1980: Now, BURNS, Mr. BYRD, Mr. CAMPBELL, MS. 11, 2001, terrorist attacks, their families, therefore, be it CANTWELL, Mr. CARPER, Mr. CHAFEE, friends, and loved ones; Resolved by the Senate (the House of Rep- Mr. CHAMBLISS, Mrs. CLINTON, Mr. (3) honors the heroic actions of first re- resentatives concurring), That Congress— sponders, law enforcement personnel, State (1) recognizes the life-altering impact that COCHRAN, Mr. COLEMAN, Ms. COLLINS, and local officials, volunteers, and others traumatic brain injury can have, both on Mr. CONRAD, Mr. CORNYN, Mr. CORZINE, who aided the innocent victims and, in so Americans living with the resultant disabil- Mr. CRAIG, Mr. CRAPO, Mrs. DAYTON, doing, bravely risked their own lives and ities and on their families; Mr. DEWINE, Mr. DODD, Mrs. DOLE, Mr. long-term health; (2) recognizes the need for enhanced public DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. (4) extends its deepest gratitude to the awareness of traumatic brain injury; EDWARDS, Mr. ENSIGN, Mr. ENZI, Mr. members of the Armed Forces serving both (3) supports the designation of an appro- FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- at home and abroad who are defending the priate month as National Brain Injury United States from future attack; GERALD, Mr. GRAHAM of Florida, Mr. Awareness Month; and (5) praises the people of the United States (4) encourages the President to issue a GRAHAM of South Carolina, Mr. GRASS- for their patriotism, compassion, prayers, proclamation designating National Brain In- LEY, Mr. GREGG, Mr. HAGEL, Mr. HAR- and generosity in donating time and money jury Awareness Month. KIN, Mr. HATCH, Mr. HOLLINGS, Mrs. to support the innocent victims of the Sep- f HUTCHISON, Mr. INHOFE, Mr. INOUYE, tember 11, 2001, terrorist attacks, their fami- Mr. JEFFORDS, Mr. JOHNSON, Mr. KEN- lies, friends, and loved ones; AMENDMENTS SUBMITTED & NEDY, Mr. KERRY, Mr. KOHL, Mr. KYL, (6) expresses thanks and gratitude to the PROPOSED Ms. LANDRIEU, Mr. LAUTENBERG, Mr. foreign leaders and citizens of all nations who have assisted and continue to stand in SA 1646. Mr. INOUYE submitted an amend- LEAHY, Mr. LEVIN, Mr. LIEBERMAN, Mrs. solidarity with the United States against ment intended to be proposed by him to the LINCOLN, Mr. LOTT, Mr. LUGAR, Mr. terrorism in the aftermath of the September bill H.R. 2754, making appropriations for en- MCCAIN, Ms. MIKULSKI, Mr. MILLER, 11, 2001, terrorist attacks; and ergy and water development for the fiscal Ms. MURKOWSKI, Mrs. MURRAY, Mr. (7) reaffirms that the United States Senate year ending September 30, 2004, and for other NELSON of Florida, Mr. NELSON of Ne- will honor the memory of those who lost purposes; which was ordered to lie on the braska, Mr. NICKLES, Mr. PRYOR, Mr. their lives as a result of the September 11, table. SA 1647. Mr. DASCHLE (for himself and REED, Mr. ROBERTS, Mr. ROCKEFELLER, 2001, terrorist attacks and will act to defend Mr. JOHNSON) submitted an amendment in- Mr. SANTORUM, Mr. SARBANES, Mr. the citizens of the United States in the face of all future challenges. tended to be proposed by him to the bill H.R. SCHUMER, Mr. SESSIONS, Mr. SHELBY, 2754, supra; which was ordered to lie on the Mr. SMITH, Ms. SNOWE, Mr. SPECTER, f table. Ms. STABENOW, Mr. STEVENS, Mr. SENATE CONCURRENT RESOLU- SA 1648. Mr. DASCHLE (for himself and SUNUNU, Mr. TALENT, Mr. THOMAS, Mr. TION 67—EXPRESSING THE NEED Mr. JOHNSON) submitted an amendment in- VOINOVICH, Mr. WARNER, and Mr. FOR ENHANCED PUBLIC AWARE- tended to be proposed by him to the bill H.R. WYDEN) submitted the following reso- NESS OF TRAUMATIC BRAIN IN- 2754, supra; which was ordered to lie on the lution; which was considered and table. JURY AND SUPPORTING THE SA 1649. Mr. FRIST (for Mr. STEVENS) pro- agreed to: DESIGNATION OF A NATIONAL posed an amendment to amendment SA 1542 S. RES. 224 BRAIN INJURY AWARENESS proposed by Mr. SPECTER to the bill H.R. Whereas on the morning of September 11, MONTH 2660, making appropriations for the Depart- 2001, terrorists hijacked and destroyed four ments of Labor, Health and Human Services, Mr. COCHRAN (for himself, Mr. HOL- civilian aircraft, crashing two of them into and Education, and related agencies for the the twin towers of the World Trade Center in LINGS, Mr. KENNEDY, and Mr. GRAHAM fiscal year ending September 30, 2004, and for New York City, and a third into the Pen- of South Carolina) submitted the fol- other purposes. tagon in Arlington, Virginia; lowing concurrent resolution; which SA 1650. Mr. SARBANES (for himself and Whereas the valor of the passengers and was referred to the Committee on the Ms. MIKULSKI) submitted an amendment in- crew on the fourth aircraft, which crashed in Judiciary: tended to be proposed by him to the bill H.R. Shanksville, Pennsylvania, prevented it 2754, making appropriations for energy and S. CON. RES. 67 from also being used as a weapon against water development for the fiscal year ending America; Whereas traumatic brain injury is the September 30, 2004, and for other purposes; Whereas thousands were killed and injured leading cause of death and disability among which was ordered to lie on the table. as a result of these attacks, including the children and young adults in the United SA 1651. Mr. WYDEN submitted an amend- passengers and crew of the four aircraft, States; ment intended to be proposed by him to the workers in the World Trade Center and in Whereas at least 5,300,000 Americans cur- bill H.R. 2754, supra; which was ordered to lie the Pentagon, rescue workers, and bystand- rently live with permanent disabilities re- on the table. ers; sulting from traumatic brain injury; SA 1652. Mr. WYDEN (for himself and Mr. Whereas at least 1,500,000 Americans sus- Whereas September 11, 2001 stands as the SMITH) submitted an amendment intended to deadliest terrorist attacks ever perpetrated tain traumatic brain injury each year; be proposed by him to the bill H.R. 2754, against the United States; Whereas another 80,000 Americans each supra; which was ordered to lie on the table. Whereas by targeting symbols of American year sustain lifelong disabilities from trau- SA 1653. Mr. WYDEN (for himself and Mr. matic brain injury, resulting in life-altering strength and success, these attacks were in- SMITH) submitted an amendment intended to tended to assail the principles, values, and experiences that can include the most seri- be proposed by him to the bill H.R. 2754, freedoms of the United States and the Amer- ous physical, cognitive, and emotional im- supra; which was ordered to lie on the table. ican people, to intimidate the Nation and all pairments; who stand with us, to weaken the national Whereas every 21 seconds, 1 person in the f resolve; and bend our will to their grotesque United States sustains traumatic brain in- TEXT OF AMENDMENTS cause; jury; Whereas in the darkest moments after the Whereas traumatic brain injury costs the SA 1646. Mr. INOUYE submitted an attacks, American men and women dem- United States $48,300,000,000 annually, con- amendment intended to be proposed by

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.048 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11423 him to the bill H.R. 2754, making ap- propriations for energy and water de- States, and for other purposes; S. 1516, propriations for energy and water de- velopment for the fiscal year ending a bill to further the purposes of the velopment for the fiscal year ending September 30, 2004, and for other pur- Reclamation Projects Authorization September 30, 2004, and for other pur- poses; which was ordered to lie on the and Adjustment Act of 1992 by direct- poses; which was ordered to lie on the table; as follows: ing the Secretary of the Interior, act- table; as follows: On page 31, between lines 7 and 8, insert ing through the Commissioner of Rec- On page 3, beginning on line 2, strike ‘‘the the following: lamation, to carry out an assessment continuation’’ and all that follows through SEC. 1ll. GWYNNS FALLS WATERSHED, BALTI- and demonstration program to assess line 8 and insert ‘‘preconstruction engineer- MORE, MARYLAND. potential increases in water avail- ing and design of Waikiki Beach, Oahu, Ha- The Secretary of the Army shall imple- ability for Bureau of Reclamation waii, the project to be designed and evalu- ment the project for ecosystem restoration, projects and other uses through control ated, as authorized, for recreation:’’. Gwynns Falls, Maryland, in accordance with of salt cedar and Russian olive; H.R. the Baltimore Metropolitan Water Re- SA 1647. Mr. DASCHLE (for himself sources-Gwynns Falls Watershed Feasibility 856, a bill authorizing the Secretary of and Mr. JOHNSON) submitted an amend- Report prepared by the Corps of Engineers the Interior to revise a repayment con- ment intended to be proposed by him and the city of Baltimore, Maryland. tract with the Tom Green County to the bill H.R. 2754, making appropria- Water Control and Improvement Dis- Mr. WYDEN submitted an tions for energy and water develop- SA 1651. trict No. 1, San Angelo project, TX, amendment intended to be proposed by ment for the fiscal year ending Sep- and for other purposes; and H.R. 961, a him to the bill H.R. 2754, making ap- tember 30, 2004, and for other purposes; bill to promote Department of the Inte- propriations for energy and water de- which was ordered to lie on the table; rior efforts to provide a scientific basis velopment for the fiscal year ending as follows: for the management of sediment and September 30, 2004, and for other pur- nutrient loss in the Upper Mississippi On page 32, line 19, strike ‘‘1706:’’ and in- poses; which was ordered to lie on the sert ‘‘1706; and of which an additional River Basin, and for other purposes. $5,000,000 shall be available for the Mni table; as follows: Contact: Shelly Randel 202–224–7933, Wiconi project, South Dakota:’’. On page 44, line 14, before the period at the Erik Webb 202–224–4756 or Meghan Beal end, insert ‘‘, of which $10,000,000 shall be at 202–224–7556. SA 1648. Mr. DASCHLE (for himself available for a defense and security research Because of the limited time available and Mr. JOHNSON) submitted an amend- center’’. for the hearings, witnesses may testify ment intended to be proposed by him by invitation only. However, those Mr. WYDEN (for himself and to the bill H.R. 2754, making appropria- SA 1652. wishing to submit written testimony Mr. SMITH) submitted an amendment tions for energy and water develop- for the hearing record should send two intended to be proposed by him to the ment for the fiscal year ending Sep- copies of their testimony to the Sub- bill H.R. 2754, making appropriations tember 30, 2004, and for other purposes; committee on Water and Power, Com- for energy and water development for which was ordered to lie on the table; mittee on Energy and Natural Re- the fiscal year ending September 30, as follows: sources, United States Senate, Wash- 2004, and for other purposes; which was ington, DC 20510–6150. On page 33, line 12, before the period at the ordered to lie on the table; as follows: end, insert the following: ‘‘: Provided further, f That of the funds provided under this head- On page 15, line 8, strike ‘‘facilities:’’ and ing, an additional $5,000,000 shall be available insert ‘‘facilities; and of which $858,000 shall AUTHORITY FOR COMMITTEES TO for the Mni Wiconi project, South Dakota’’. be available for dredging and other operation MEET and maintenance of the Rogue River, Gold COMMITTEE ON ARMED SERVICES Beach, Oregon:’’. SA 1649. Mr. FRIST (for Mr. STE- Mr. CORNYN. Mr. President, I ask VENS) proposed an amendment to Mr. WYDEN (for himself and unanimous consent that the Com- amendment SA 1542 proposed by Mr. SA 1653. Mr. SMITH) submitted an amendment mittee on Armed Services be author- SPECTER to the bill H.R. 2660, making intended to be proposed by him to the ized to meet during the session of the appropriations for the Departments of bill H.R. 2754, making appropriations Senate on September 11, 2003, at 3 p.m., Labor, Health and Human Services, for energy and water development for in closed session to receive a classified and Education, and related agencies for the fiscal year ending September 30, briefing regarding Operation Iraqi the fiscal year ending September 30, 2004, and for other purposes; which was Freedom ‘‘Lessons Learned’’. 2004, and for other purposes; as follows: ordered to lie on the table; as follows: The PRESIDING OFFICER. Without On page 61, between lines 14 and 15, insert objection, it is so ordered. the following: On page 15, line 8, strike ‘‘facilities:’’ and insert ‘‘facilities; and of which $983,000 shall COMMITTEE ON FOREIGN RELATIONS SEC. ll. (a) AUTHORITY.—Notwithstanding be available for dredging and other operation Mr. CORNYN. Mr. President, I ask any other provision of law, the Director of unanimous consent that the Com- the National Institutes of Health may use and maintenance of the Umpqua River, Or- funds available under section 402(i) of the egon:’’. mittee on Foreign Relations be author- Public Health Service Act (42 U.S.C. 282(i)) to f ized to meet during the session of the Senate on Thursday, September 11, enter into transactions (other than con- NOTICES OF HEARINGS/MEETINGS tracts, cooperative agreements, or grants) to 2003, at 9:30 a.m., to hold a hearing on carry out research in support of the NIH SUBCOMMITTEE ON WATER AND POWER United States-China relations. Roadmap Initiative of the Director. Ms. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without (b) PEER REVIEW.—In entering into trans- would like to announce for the infor- objection, it is so ordered. actions under subsection (a), the Director of mation of the Senate and the public COMMITTEE ON VETERANS’ AFFAIRS the National Institutes of Health may utilize such peer review procedures (including con- that a hearing has been scheduled be- Mr. CORNYN. Mr. President, I ask sultation with appropriate scientific experts) fore the Subcommittee on Energy and unanimous consent that the Com- as the Director determines to be appropriate Natural Resources. mittee on Veterans’ Affairs be author- to obtain assessments of scientific and tech- The hearing will be held on Thurs- ized to meet during the session of the nical merit. Such procedures shall apply to day, September 18, at 2:30 p.m. in Room senate and Thursday, September 11, such transactions in lieu of the peer review SD–366 of the Dirksen Senate Office 2003, for a hearing on the Department and advisory council review procedures that Building. of Veterans Affairs’ Capital Asset Re- would otherwise be required under sections The purpose of the hearing is to re- alignment for Enhanced Services 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health Service Act ceive testimony on S. 213, a bill to (CARES) initiative. The hearing will (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), clear title to certain real property in take place in room 418 of the Russell 284a(a)(3)(A), 289a, and 289c). New Mexico associated with the Middle Senate Office Building at 2 p.m. Rio Grande Project, and for other pur- The PRESIDING OFFICER. Without SA 1650. Mr. SARBANES (for himself poses; S. 1236, a bill directing the Sec- objection, it is so ordered. and Ms. MIKULSKI) submitted an retary of the Interior to establish a SELECT COMMITTEE ON INTELLIGENCE amendment intended to be proposed by program to control or eradicate Mr. CORNYN. Mr. President, I ask him to the bill H.R. 2754, making ap- Tamarisk in the Western United unanimous consent that the Select

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.052 S11PT1 S11424 CONGRESSIONAL RECORD — SENATE September 11, 2003 Committee on Intelligence be author- The PRESIDING OFFICER. Without receiving disability compensation from ized to meet during the session of the objection, it is so ordered. the Department of Labor’s Office of Senate on Thursday, September 11 at The bill (H.R. 978) was read the third Workers Compensation Programs are 2:30 p.m., to hold a closed hearing. time and passed. unable to make contributions or pay- The PRESIDING OFFICER. Without Mr. ALLEN. Mr. President, it is alto- ments into Social Security or the objection, it is so ordered. gether fitting that we have finally ac- Thrift Savings Plan. Therefore, under SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS complished this idea on the second an- the current situation, which is being Mr. CORNYN. Mr. President, I ask niversary of the violent and dastardly changed by this law, future retirement unanimous consent that the attacks of September 11, 2001. Several benefits from both sources—the Thrift Subcommitee on Public Lands and for- survivors of that tragic day helped in- Savings Plan and Social Security—are ests of the Committee on Energy and spire this legislation, which will adjust reduced. Natural Resources be authorized to Federal employees’ retirement com- This legislation offsets the reduc- meet during the session of the Senate putations to offset reductions in the re- tions in Social Security and the Thrift on Thursday, September 11, 2003, at 2:30 tirement amounts arising from on-the- Savings Plan retirement benefits by in- p.m. job injuries covered under the workers creasing the Federal Employees Retire- The purpose of the hearing is to con- compensation program. ment System’s direct benefit calcula- sider S. 432, a bill to authorize the Sec- I thank my colleague, JOHN WARNER tion by 1 percentage point for the ex- retary of the Interior and the Sec- of Virginia, for cosponsoring the meas- tended periods of disability. retary of Agriculture to conduct and ure. I particularly thank Kay Cole Mr. President, you have probably al- support research into alternative treat- James in the Office of Personnel Man- ready heard my talk about this bill be- ments for timber produced from public agement and her staff for working with cause we have actually passed this lands and lands withdrawn from the me on this measure for well over a year measure twice in the Senate. We passed public domain for the National Forest now. Moreover, I wish to thank my col- it once on October 17, 2002, and then System and for other purposes; S. 511, league, Senator SUSAN COLLINS of again in July of this year, 2003. As a which would provide permanent fund- Maine, whose leadership today, earlier lead sponsor of the bill, I was pleased ing for the payment in lieu of taxes this year, and last year helped move to see that my colleague on the House program, and for other purposes; S. 849, this measure several times through the side, Congresswoman JO ANN DAVIS, which would provide for a land ex- procedural hoops of the Senate. Fi- with her persistence, finally got the change in the State of Arizona between nally, we have gotten it passed on the House of Representatives to pass this the Secretary of Agriculture and House side. measure yesterday. By taking this Yavapai Ranch Limited Partnership, Mr. President, this bill addresses a matter up and passing it in the Senate and S. 1582, which would amend the problem in the retirement program for today, we are clearing it for the Presi- Valles Caldera Preservation Trust Act. Federal employees that has been recog- dent’s signature. The PRESIDING OFFICER. Without nized for a long time but unresolved The passage of this bill ensures that objection, it is so ordered. since 1986, when the current retirement the pensions of our hard-working Fed- f system was established. Unfortunately, eral employees will be kept whole dur- complications arising from the Tax ing a period of injury and recuperation, PRIVILEGES OF THE FLOOR Code and the Workers Rehabilitation especially now that many of them are Mr. CORNYN. Mr. President, I ask Act of 1973 have blocked any solution. on the front lines in protecting our unanimous consent that Spencer My resolve to introduce this bill and homeland security in this new and on- Chambers, a staff person in my office address this problem was inspired by going war against terror. By protecting who does not currently have floor Ms. Louise Kurtz, a Federal employee the retirement security of injured Fed- privileges, be admitted to the floor. from Virginia who was severely injured eral employees, we have provided an The PRESIDING OFFICER. Without in the September 11 attack, 2 years ago incentive for them to return to work objection, it is so ordered. today, on the Pentagon. She worked at and increased our ability to retain our Mr. DOMENICI. I ask unanimous the Pentagon as a civil service em- most dedicated and experienced Fed- consent that Kris Schaffer of my staff ployee. She suffered burns from the im- eral workers. This is a reasonable and be given floor privileges during consid- pact of American Airlines Flight 77, fair approach, in which the whole Sen- eration of this Energy and water bill. but even with all these burns, she still ate acted in a logical and compas- The PRESIDING OFFICER. Without was trying to rescue and help others sionate manner last fall, and, of course, objection, it is so ordered. get out. She suffered burns on over 70 The Senator from Virginia. we did so in July, and we have done so percent of her body. I have seen her again today. f several times. In fact, I saw her last On the second anniversary of the at- PROVIDING FOR THE ADJUSTMENT year, at the Project Phoenix, the re- tacks on the World Trade Center, the OF CERTAIN FEDERAL ANNUITY opening and dedication of the Pen- Pentagon, and Flight 93, which crashed COMPUTATIONS tagon. She had no fingers left—just lit- in Pennsylvania after the brave efforts Mr. ALLEN. Mr. President, I ask tle nubs, really. Her ears were mostly of those passengers, I thank my col- unanimous consent that the Senate burned off as well. She is a person, leagues for once again passing this proceed to the immediate consider- though, who continues to endure these compassionate legislation honoring ation of H.R. 978, which is at the desk. painful surgeries and faces other sur- and helping some of the survivors of The PRESIDING OFFICER. The geries in the future. She wants to con- these horrific events. clerk will report the bill by title. tinue with her rehabilitation. She still I yield the floor and suggest the ab- The assistant legislative clerk read hopes to return to work someday. sence of a quorum. as follows: Current law, however, does not allow The PRESIDING OFFICER. The Mrs. Kurtz to contribute to her retire- A bill (H.R. 978) to amend chapter 84 of clerk will call the roll. title 5, United States Code, to provide that ment program while she is The assistant legislative clerk pro- certain Federal annuity computations are recuperating and receiving workers ceeded to call the roll. adjusted by 1 percentage point relating to compensation disability payments. As Mr. FRIST. Mr. President, I ask periods of receiving disability payments, and a result, after returning to work and unanimous consent that the order for for other purposes. eventually retiring, she will find her- the quorum call be rescinded. There being no objection, the Senate self inadequately prepared and unable The PRESIDING OFFICER. Without proceeded to consider the bill. to afford to retire because of the lack objection, it is so ordered. Mr. ALLEN. Mr. President, I ask of contributions during her recuper- f unanimous consent that the bill be ation and rehabilitation. read the third time and passed, the mo- As Mrs. Kurtz’s situation reveals, PRESIDENTIAL ADDRESSES TO tion to reconsider be laid upon the Federal employees under the Federal THE NATION table, and that any statements relating employees retirement system who have Mr. FRIST. Mr. President, on Sunday to the bill be printed in the RECORD. sustained an on-the-job injury and are night in his televised address to the

VerDate jul 14 2003 02:13 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A11SE6.057 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11425 Nation, the President of the United their families, were thriving, were safe. And the Iraqi people will have a free States outlined clearly and unequivo- I wish our enemies had never emerged and a democratic nation to lead into cally why we are at war and what is re- from their caves and they never cooked the future. quired to defeat our enemies. In his re- up their crazed campaign. I wish all marks, he urged us to remain steadfast these things. But clearly wishing will f and resolute. In that speech, he re- not and does not make it so. minded us that our enemies are moti- Thus, we are called to act. We are AN INSPIRATIONAL DAY vated not by the perception that we are called to lead. We must protect our fel- strong. No. Indeed, they attacked us low citizens and defeat terror and those Mr. FRIST. Mr. President, I will talk out of the mistaken belief that we are regimes that support them. Our en- a little bit on another topic for a cou- weak. emies will not disappear or go away. It ple of minutes, in large part because we This is not mere guess or conjecture. is not going to happen. We know that. began this morning opening at 8:30, and When one listens to the words of Words do not in any way mollify them. over the course of the morning I per- Osama bin Laden himself, he calls Negotiation in no way mollifies them. sonally, in part representing this body, America ‘‘a paper tiger.’’ He boasts Thus, we must stand firm and we must have had a wonderful day. It was a day that at the first sign of danger, that not waver. that was truly inspiring if you look at first painful blow, we retreat to wallow We must support our troops; let them public service, but also if you look at in our so-called—his words—decadence. know how much we admire their cour- the sacrifice that others made on Sep- The terrorists did not launch the age, their sacrifice, their bravery. We tember 11 and since that time, and oth- September 11 attacks in retaliation to must let the enemy know that America ers who continue to make right now in military action. They struck America will press on to victory. Iraq and Afghanistan to preserve the as a direct demonstration of their pure I know we will meet the challenge. freedoms and liberties that we have. and unshakable hatred. One only has to Americans are strong and Americans We opened this morning with a com- listen to the words of one of Osama bin are tough. We have seen that tenacity. memoration, a bell ringing, and had a Laden’s closest associates, Yussuf al- In many ways September 11 made it moment of silence with that glorious Ayyeri—no longer with us, I might add, come alive. It uplifted all of us, but it sound of that bell dramatically ringing in body. This murderer warned in a made that tenacity and that strength for each of the incidents and the trage- treatise written just before Operation come alive. dies that occurred on September 11. Iraqi Freedom that: We are sincere in our compassion. It is not the American war machine that Why? Because it springs from the fun- Over the course of the day on this should be of the utmost concern to Muslims. damental belief that all people have a floor, we have heard our colleagues on What threatens the future of Islam, in fact God-given right to liberty, to freedom, both sides of the aisle reminisce, talk its very survival, is American democracy. to know what is in their own minds and about what they were doing then but Why? Mr. al-Ayyeri fears democracy to control their own futures; freedom also how they have been affected as will— to act in a room and a body like this in public servants in dealing with others, . . . make Muslims love this world, forget the political sphere; freedom to partici- how people have been brought to- the next world, and abandon jihad. pate in their own governance. And, un- gether, how the common threads which He fears that if democracy takes root like our deadly enemies, we wish the bind all of us have been stressed a little in Iraq, Muslims might actually ben- best—not the worst—for Iraq. bit more the last couple of years than efit in the here and in the now, that The President has come this week to maybe in the previous years. they might become prosperous, self- this body seeking our support. It really A little bit later in the morning I had sufficient, tolerant, and consequently— began formally in his speech now 5 an opportunity to go by the Pentagon. going back to quoting him: days ago on Sunday night. His proposal At the Pentagon I saw the reconstruc- . . . reluctant to die in martyrdom. for emergency funding to defeat terror tion. I had the real privilege of having For this reason, and he explains in and to stabilize our efforts in Iraq and the Speaker of the House give to Sec- the treatise, his comrades must defeat Afghanistan clearly warrants it. retary Rumsfeld the flag that was fly- unbelief, must defeat modernism, and We will continue to meet with the ing over the east wing of the Capitol 2 most of all must defeat the democracy administration in the days ahead, as years ago. brought on by the Americans. we have in the last several days, to as- We were in the chapel in the part of While Mr. al-Ayyeri falsely conflates sist them in these efforts. I know there the Pentagon that was struck. In that his power-mad ideology with the Mus- will be much debate and there will be new chapel are four beautiful stained- lim faith, a faith that we all know is careful examination of the request, but glass windows dedicated to the events, practiced peacefully by millions in this I know the Senate will overwhelmingly to the families, and to the institution— country and indeed around the world, support the President’s request. Why? all related to September 11. one cannot deny, however, unwittingly, We think back to September 11. We that he makes his case. Success in Iraq know who the enemy is and we know Coming back here a little bit later, spells failure for al-Qaida, failure for what it takes to defeat that enemy. the Congress—Members of the House al-Qaida’s murderous fanaticism, fail- Over the course of the week and in and Senate, and others—were on the ure for al-Qaida’s tyrannical goals. our briefings and after we talked to our front steps of the Capitol not too far Success in Iraq strikes at the cold, arid colleagues who have gone to Iraq, it is from where I am speaking now on the hearts of men who murder Muslims for very clear that we are making a lot of floor of the Senate. It was very remi- daring to reject al-Qaida’s warped de- progress in Iraq. It is not what you see niscent of that night 2 years ago when mands. when you first turn on the television or we were on the steps. We made a state- Our efforts to help the Iraqi people when you open the newspapers now, ment. It was a spontaneous statement build a decent and free nation, yes, a but from our colleagues who have gone that the terrorists will not shut down democratic society where people of dif- there to see firsthand, and as we have our Government, where we joined fering ideas, of differing ethnicity can been briefed by people who have just hands and sang ‘‘God Bless America’’ live in peace, live with one another, come back, clearly, we are making on the night of September 11. will be a clear refutation of all that the progress. Then later this afternoon—just a few terrorists stand for and the poison that Just this week the League of Arab minutes ago—we had a wonderful serv- they continue to peddle. States granted the Iraqi Governing ice with our Senate family, staff, Sen- September 11—most Americans have Council membership, albeit conditional ators, President pro tempore, and the spent much of the day in thought and membership but membership, in their Senate Chaplain and the House Chap- reflection on that event 2 years ago. I deliberative body. This is a significant lain, again reflecting late this after- wish, as every American, that Sep- step forward. There will be many more noon on the events of 2 years ago. It tember 11 had never happened, that steps forward in the coming weeks and was a wonderful 10 minutes when the those innocent women and men and months ahead. I know we will succeed Chaplain said: ‘‘I just want three peo- children were alive today, were with in this mission. We will defeat terror. ple to volunteer to come forward and

VerDate jul 14 2003 02:13 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.121 S11PT1 S11426 CONGRESSIONAL RECORD — SENATE September 11, 2003 say how September affected them.’’ help that question of ‘‘Why?’’ Clearly, the family members of the victims of Usually everybody kind of sinks down in Abraham Lincoln’s time, faith was September 11, that God heal their and doesn’t want to be the one to vol- able to support, console, and give wounds as time goes forward, and that unteer in front of a few hundred people. strength to our Nation. Clearly, that is God continue to shine on America and But hands shot up, and people spoke the same thing today as we look at the indeed on this Senate. from the heart about how September 11 various services. Our Founders had a Mr. MCCONNELL. Mr. President, I affected them each in individual ways, belief. They believed—they knew, and know the majority leader is about to but with a common theme coming back believed—that our Nation was founded take us out of session, but I just want- of appreciation for what this country with divine purpose. During some of ed to take a moment to thank him for has given us and the importance of our the most difficult moments, with the his truly inspirational remarks about doing everything we can to protect the odds being against us at certain points the events of today which I had an op- freedom and liberty upon which this in time, our leaders turned to faith. portunity to hear over the last few mo- country has been founded and of which And indeed God has watched over this ments and also to thank him for his ex- we take advantage. Nation. Although we asked, ‘‘Why?’’ on traordinary leadership of the Senate. Also, 40 minutes ago I had the oppor- September 11, God was watching over You make us proud every day; par- tunity to go to the West Front of the us on September 11. ticularly you make us proud today. Capitol and look out over The Mall, Over the course of the day, it came with the Lincoln Memorial and the up to each of us in different ways. And f Washington Monument—again, not too Lisa Beamer—the world knows now be- many yards from where we are today— cause she was able to articulate and THE SENATE WEEK to have the lone bugler quietly—right put a face that expresses what we are at 6 o’clock tonight, 40 minutes ago— all trying to describe—said of her hus- Mr. FRIST. I close with some an- play Taps with a clear sky—the Sun band’s flight on that day, September nouncements. We had a good, produc- was just beginning to go down—to ex- 11: tive week. We completed the Labor- press our appreciation, our love, and The courageous actions of the passengers HHS appropriations bill after 7 days of our feeling for the many families who and crew reminded me that on the day when consideration. We had 68 amendments have been affected by the tragedy of people around the world felt violated, help- considered. We disposed of all 68 September 11. less, alone and afraid, there were still people amendments. We had 25 rollcall votes. I Again, I want to add that people con- of character, people who in the midst of cri- congratulate both of the managers who tinue to sacrifice and fight for that sis dared to live to the last second with hope. did just a superb job in staying focused, very same freedom. It is appropriate She captured it. handling some very difficult situations that we use this day for a day of reflec- We all have to ask ourselves: Where but allowing time for debate and votes. tion. did those heroes on Flight 93 reach to We have completed that bill. Both Sen- We continue business. I think that is get their courage? We answer: ‘‘Fam- ator SPECTER and Senator HARKIN did a important. A lot of people said we ily.’’ That is where we get our superb job. should stop all business in the Senate. strength. They answer: ‘‘Faith.’’ There Senator ALLEN helped clear the way No, I don’t think anybody from Sep- is no question that each individual’s for Senate action on H.R. 978 with re- tember 11 would say stop the Nation’s faith almost certainly played a role. gard to the disability compensation business. In effect, they would say con- said what is probably computation bill which can now go to tinue the Nation’s business. Indeed, we the most inspirational thing many of the President’s desk. made real progress today and contin- us have heard in our lives. He was talk- Earlier today the Senate spoke with ued the work of the Senate well into ing to the telephone operator and said: a voice vote as it unanimously adopted last night as well. ‘‘Let’s roll.’’ But what he said a few S. Res. 224 relating to the second anni- Americans all over the country—and seconds before that was the recitation indeed all over the world; indeed, not versary of September 11. of The Lord’s Prayer. Next week I look forward to begin- just Americans—I know spent the day A few days after September 11, Billy kneeling, praying, going to syna- ning a fresh week and continuing on Graham, in the national prayer service our appropriations process. Again, we gogues, mosques, and churches, holding at the cathedral, along with folks here services like the many services we have a number of appropriations bills looking at the lessons of the ‘‘why,’’ to address. We have made real progress; have had here in Washington, DC. A said: large part of that I think is reflected in in fact, five appropriations bills. If you the power of faith and the fact that The lesson of this event is not only about look at the overall amount of money, the mystery of iniquity and evil, but . . . it’s that is probably 70 percent of the over- faith has that power to help heal, to a lesson about our need for each other. help explain the questions of ‘‘Why?’’ all amount of money appropriated. So I was thinking about that when I was that continue to arise: Why did things we are making progress. It is tough— at the Senate service about an hour happen on that fateful day? Power to slower than I would like, but we are ago with the Senate family. Regardless console, faith to reassure—both right making steady progress. now and as it did 2 years ago on that of whether we are staff, or a Member, fateful day. elected official, worker, Democrat, Re- f Although 2 years later memories are publican, whether we are in our first term or seventh term, those in the a little bit fainter and our pain may be DEPARTMENTS OF LABOR, room there, that common bond is a just a touch more distant, we still ask HEALTH AND HUMAN SERVICES, calling to public service. We believe in questions, questions of ‘‘Why?’’ In that AND EDUCATION, AND RELATED the greatness of this institution. answer of the ‘‘why,’’ I think it makes AGENCIES APPROPRIATIONS As you look at the inscriptions all all of us a bit more determined, a bit ACT, 2004 more focused, and a bit more appre- around—the inscription on the east ciative of what we have. doorway that we come through every Mr. FRIST. I ask unanimous consent We do put our trust in providence. It day, or that most Senators come that notwithstanding the passage of is hard to be in this body for very long through—the inscription written up H.R. 2660, the Labor-HHS appropria- and not realize the importance of faith there is the English translation of the tions bill, it be in order to consider the and providence in the Senate and in Latin, ‘‘God has favored our under- amendment I now send to the desk, our Founding Fathers and the democ- takings.’’ that the amendment be considered and racy we share today. We start coming back to those agreed to, and the motion to reconsider Abraham Lincoln, in his second inau- ‘‘why’s.’’ be laid upon the table without inter- gural address after 4 of the most trau- I will close. But I think, clearly, my vening action or debate. matic years in U.S. history, said: ‘‘The final reference today, after coming in The PRESIDING OFFICER. Without almighty has His own purposes.’’ 11 hours ago for what has been a mean- objection, it is so ordered. I thought of that today while sitting ingful day for me, is a wish and a pray- The amendment (No. 1649) was agreed through one of the ceremonies. It does er that God continues to watch over to, as follows:

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G11SE6.125 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — SENATE S11427 (Purpose: To provide the Director of the Na- EXECUTIVE SESSION Further, I ask that at 2:30 the Senate tional Institutes of Health with the au- then resume consideration of calendar thority to carry out the NIH Roadmap to No. 218, H.R. 2754, the energy and water provide for rapid advances in the bio- NOMINATION OF CHRISTOPHER A. appropriations bill. medical research process) WRAY, OF GEORGIA, TO BE AN The PRESIDING OFFICER. Without On page 61, between lines 14 and 15, insert ASSISTANT ATTORNEY GENERAL objection, it is so ordered. the following: Mr. FRIST. I ask unanimous consent SEC. ll. (a) AUTHORITY.—Notwithstanding f any other provision of law, the Director of the Senate immediately proceed to ex- the National Institutes of Health may use ecutive session to consider Executive PROGRAM Calendar No. 309, the nomination of funds available under section 402(i) of the Mr. FRIST. For the information of Public Health Service Act (42 U.S.C. 282(i)) to Christopher A. Wray. enter into transactions (other than con- The PRESIDING OFFICER. Without all Senators, on Monday the Senate tracts, cooperative agreements, or grants) to objection, it is so ordered. will resume debate on the energy and carry out research in support of the NIH Mr. FRIST. I further ask unanimous water appropriations bill. Senators Roadmap Initiative of the Director. consent the nomination be confirmed, FEINSTEIN and KENNEDY will have an (b) PEER REVIEW.—In entering into trans- the motion to reconsider be laid upon amendment to that legislation which actions under subsection (a), the Director of will be debated during Monday’s ses- the National Institutes of Health may utilize the table, the President be imme- diately notified of the Senate’s action, sion. such peer review procedures (including con- As announced earlier, any votes or- sultation with appropriate scientific experts) and the Senate then return to legisla- as the Director determines to be appropriate tive session. dered on Monday will be delayed until to obtain assessments of scientific and tech- The PRESIDING OFFICER. Without Tuesday. nical merit. Such procedures shall apply to objection, it is so ordered. In addition, on Monday, under a pre- such transactions in lieu of the peer review The nomination considered and vious understanding, the Senate will and advisory council review procedures that agreed to is as follows: debate a motion to go to conference on would otherwise be required under sections DEPARTMENT OF JUSTICE the partial-birth abortion bill. Also, as 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), Christopher A. Wray, of Georgia, to be an previously ordered, the FCC rule reso- 492, and 494 of the Public Health Service Act lution will be debated and voted on (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), Assistant Attorney General. 284a(a)(3)(A), 289a, and 289c). f Tuesday morning. LEGISLATIVE SESSION f f The PRESIDING OFFICER. Under ADJOURNMENT UNTIL 1 P.M. the previous order, the Senate will re- UNANIMOUS CONSENT—S.J. Res. 17 MONDAY, SEPTEMBER 15, 2003 sume legislative session. Mr. FRIST. I ask consent that the Mr. FRIST. Mr. President, if there is f debate time allocated for the consider- no further business to come before the ation of S.J. Res. 17 be delayed to begin ORDERS FOR MONDAY, Senate, I ask unanimous consent the at 9:30 a.m. on Tuesday, September 15, SEPTEMBER 15, 2003 Senate stand in adjournment under the with all other provisions remaining in Mr. FRIST. I ask unanimous consent previous order. effect. when the Senate completes its business There being no objection, the Senate, The PRESIDING OFFICER. Without today, it adjourn until 1 p.m. Monday, at 6:56 p.m., adjourned until Monday, objection, it is so ordered. September 15. I further ask that fol- September 15, at 1 p.m. Mr. FRIST. For the information of lowing the prayer and pledge, the f all Senators, this consent will now morning hour be deemed expired, the move the debate and vote in relation to Journal of proceedings be approved to CONFIRMATION the FCC rule resolution from Monday date, the time for the two leaders be Executive nomination confirmed by evening to Tuesday evening. With this reserved for their use later in the day, the Senate September 11, 2003: consent granted, there will be no votes and that there then be a period of DEPARTMENT OF JUSTICE on Monday. The next vote will occur morning business until 2:30 p.m. with CHRISTOPHER A. WRAY, OF GEORGIA, TO BE AN ASSIST- Tuesday morning. Senators to speak for up to 10 minutes. ANT ATTORNEY GENERAL.

VerDate jul 14 2003 00:57 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00063 Fmt 0624 Sfmt 9801 E:\CR\FM\A11SE6.031 S11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1767 EXTENSIONS OF REMARKS

A SPECIAL TRIBUTE TO THE INTRODUCING FREE HOUSING Despite the long-term damage to the econ- SOUTH RICHLAND TOWNSHIP MARKET ENHANCEMENT ACT omy inflicted by the government’s interference VOLUNTEER FIRE DEPARTMENT, in the housing market, the government’s poli- DEFIANCE COUNTY, OHIO, CELE- HON. RON PAUL cies of diverting capital to other uses creates BRATING 50 YEARS OF SERVICE OF TEXAS a short-term boom in housing. Like all artifi- IN THE HOUSE OF REPRESENTATIVES cially-created bubbles, the boom in housing Wednesday, September 10, 2003 prices cannot last forever. When housing HON. PAUL E. GILLMOR prices fall, homeowners will experience dif- OF OHIO Mr. PAUL. Mr. Speaker, I rise to introduce ficulty as their equity is wiped out. Further- the Free Housing Market Enhancement Act. IN THE HOUSE OF REPRESENTATIVES more, the holders of the mortgage debt will This legislation restores a free market in hous- also have a loss. These losses will be greater Wednesday, September 10, 2003 ing by repealing special privileges for the than they would have otherwise been had housing-related government sponsored enter- Mr. GILLMOR. Mr. Speaker, it is my distinct government policy not actively encouraged prises (GSE). These entities are the Federal privilege to stand before my colleagues in the over-investment in housing. National Mortgage Association (Fannie Mae), House to pay tribute to a distinguished group Perhaps the Federal Reserve can stave off the Federal Home Loan Mortgage Corporation of citizens in Ohio’s Fifth Congressional Dis- the day of reckoning by purchasing the GSE’s (Freddie Mac), and the National Home Loan trict. On September 13, 2003, the South Rich- debt and pumping liquidity into the housing Bank Board. According to the Congressional land Township Volunteer Fire Department is market, but this cannot hold off the inevitable Budget Office, the housing-related GSEs re- celebrating 50 years of service to Defiance drop in the housing market forever. In fact, ceived 13.6 billion worth of indirect Federal County, Ohio. postponing the necessary, but painful market subsidies in Fiscal Year 2000 alone. corrections will only deepen the inevitable fall. No vocation more embodies the spirit of the One of the major government privileges The more people invested in the market, the American community than that of a volunteer granted the GSE is a line of credit to the greater the effects across the economy when firefighter. These modern American heroes— United States Treasury. According to some the bubble bursts. men and women of all walks of life and social estimates, the line of credit may be worth over No less an authority than Federal Reserve station—give freely of their time and talents to $2 billion dollars. This explicit promise by the Chairman Alan Greenspan has expressed prepare themselves to stand watch for the Treasury to bail out the GSEs in times of eco- concern that the government subsidies pro- community. nomic difficulty helps the GSEs attract inves- vided to the GSEs make investors underesti- We, in Ohio’s Fifth Congressional District, tors who are willing to settle for lower yields mate the risk of investing in Fannie Mac and are blessed to have such dedicated citizens than they would demand in the absence of the Freddie Mac. as the members of the South Richland Town- subsidy. Thus, the line of credit distorts the al- Mr. Speaker, it is time for Congress to act location of capital. More importantly, the line of ship Volunteer Fire Department. In 1953 42 to remove taxpayer support from the housing credit is a promise on behalf of the govern- charter members organized under the leader- GSEs before the bubble bursts and taxpayers ment to engage in a massive unconstitutional ship of Chief Clifford Colwell. Remarkably, are once again forced to bail out investors and immoral income transfer from working three of these charter members are still active who were misled by foolish government inter- in the department today. Americans to holders of GSE debt. The Free Housing Market Enhancement Act ference in the market. I therefore hope my col- The department has gone through many leagues will stand up for American taxpayers changes during its first 50 years of service. A also repeals the explicit grant of legal authority given to the Federal Reserve to purchase the and investors by cosponsoring the Free Hous- rescue service was added to the department ing Market Enhancement Act. in 1971. The 2-bay fire station was expanded debt of GSE. GSEs are the only institutions f to 5 bays. The lone original 1953 GMC pump- besides the United States Treasury granted er has been replaced by multiple vehicles, in- explicit statutory authority to monetarize their THE LOSS OF SOLDIERS IN IRAQ cluding a 2002 custom pumper, a 1971 GMC debt through the Federal Reserve. This provi- and a 1984 pumper tanker, a 1998 Ford grass sion gives the GSEs a source of liquidity un- HON. JAMES R. LANGEVIN available to their competitors. truck, a 1999 GMC rescue until, a lifeboat, a OF RHODE ISLAND The connection between the GSEs and the generator set and a volunteer member-owned IN THE HOUSE OF REPRESENTATIVES government helps isolate the GSE manage- 1998 GMC tanker. ment from market discipline. This isolation Wednesday, September 10, 2003 During its first 50 years of service, the de- from market discipline is the root cause of the Mr. LANGEVIN. Mr. Speaker, it is with pro- partment has been blessed by the leadership recent reports of mismanagement occurring at found sorrow that I rise to recognize the loss of 5 dedicated fire Chiefs—Clifford Colwell Fannie and Freddie. After all, if investors did of three soldiers in Iraq, all of whom served 1953–58; Clinton Colwell 1958–60; Robert not have reason to believe that Fannie and with dignity and honor and for whom the peo- Colwell 1960–80; John Zimmerman 1980–90; Freddie were underwritten by the Federal gov- ple of Rhode Island now mourn. and, Robert Lehman 1990—present. ernment then investors would demand Fannie On Wednesday, August 27, U.S. Army Ser- At present time, the department has 39 and Freddie provided assurance they were fol- geant Gregory Belanger died after his vehicle members with a total of over 571 years of lowing accepted management and accounting was hit with an explosive device. A resident of service and experience. Within their member- practices before investing in Fannie and Narragansett, Rhode Island, Sergeant ship, the South Richland Township Volunteer Freddie. Belanger was a member of the Army Re- Fire Department has third generation fire- Ironically, by transferring the risk of a wide- serves and served with the Headquarters fighters, and the fourth generation is waiting in spread mortgage default, the government in- Service Company, 325th Military Intelligence the ranks. creases the likelihood of a painful crash in the Battalion, which was deployed to Iraq in Mr. Speaker, the individuality of the Amer- housing market This is because the special March. In addition to his service to his nation, ican culture, the freedom of the American spir- privileges of Fannie and Freddie have dis- Sgt. Belanger was known among his friends it, and the American value of neighbor-help- torted the housing marketing by allowing and family for his impressive culinary skills, ing-neighbor is embodied in the tradition of the Fannie, Freddie and the home loan bank having earned an associate’s degree from South Richland Township Volunteer Fire De- board to attract capital they could not attract Johnson & Wales University. I express my partment. I urge my colleagues to join me in under pure market conditions. As a result, condolences to Sgt. Belanger’s finace´e Tara this special tribute. Our Nation is well served capitol is diverted from its most productive use Woundy and his family in Deerfield, Massa- when citizens willingly sacrifice for their com- into housing. This reduces the efficacy of the chusetts. munity. I am proud to represent them in this entire market and thus reduces the standard Additionally, two members of Rhode Island’s Congress. of living of all Americans. 115th Military Policy Company were lost on

∑ 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 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.045 E11PT1 E1768 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 September 1, when their Humvee was hit by commended and admired. I would like to the regime to change. Yet we see a dictator- an improvised explosive device. Sergeant honor 13 individuals in particular who have ship that happily collects millions of tourist dol- Charles Todd Caldwell of Attleboro, Massa- given the Second Baptist Church many years lars and refuses to change. We see a regime chusetts, and Staff Sergeant Joseph Camara of dedicated service. Mrs. Mary Alen, Mrs. that will host Members of Congress who op- of New Bedford, Massachusetts, had been de- Floretta Ball, Mrs. Nicie Hammond, Deacon pose U.S. policy, but imprisons Oscar ployed to Iraq in May and were conducting se- Luther Jackson, Mrs. Josephine John, Mrs. Espinosa Chepe for speaking to foreign jour- curity operations along a main supply route at Garnette Lawon, Mrs. Elizabeth Mackason, nalists. We see Members of Congress who the time of the incident. A third Reservist, Deacon Leroy Mackason,, Mrs. Mary Major, dine with Castro, but often fail to even raise Specialist Edmund Aponte of Providence, was Mrs. Eloise Schanck, Mrs. Gwendolyn Wash- the issue of the hundreds of political prisoners wounded in the attack, and we pray for his ington, Mr. William Washington, and Mr. Wil- suffering in the dictatorship’s prisons. quick and fully recovery. liam Williams. All of these men and women It is my hope that Mr. Espinosal Chepe will Staff Sergeant Camara, who commanded deserve to be celebrated for their faith and de- one day soon be free. Sooner than later, Cuba the three-person patrol unit, was a police offi- votion in working toward a better community. will be free, journalists will not be jailed, and cer in New Bedford and a 21-year veteran of I want to thank these 13 members as well the Cuban people will be free to express their the National Guard. In addition to his commit- as the whole congregation for dedicating their opinions. ment to his police duties, Sgt. Camara will be time to the Second Baptist Church on its f remembered for his dedication to his wife, 110th year of serving Keyport, NJ. All of its Anna, and his three children, Matthew, An- members should be proud of themselves for A WARM HOME FOR THE WINTER— gela, and Ashley. helping to build this church into what it is PROJECT HEAT’S ON Sergeant Caldwell, who worked as a senior today—a place that fosters volunteerism and a financial investment specialist in Norwood, deep sense of community. I would like to con- HON. HEATHER WILSON Massachusetts, served in the National Guard gratulate the Second Baptist Church once OF NEW MEXICO since 1997. He is survived by his wife, Mar- again on their anniversary and ask my col- IN THE HOUSE OF REPRESENTATIVES garet, whom he married shortly before his de- leagues to join with me in commemorating Wednesday, September 10, 2003 ployment. their 110 years of service. These losses remind us of the bravery of f Mrs. WILSON of New Mexico. Mr. Speaker, our servicemembers as they carry out their today I bring to your attention Project Heat’s obligations in the face of danger. When their JAILED CUBAN INDEPENDENT On, a community service endeavor that pro- nation called them to duty to preserve free- JOURNALIST OSCAR ESPINOSA vides invaluable services to the elderly and dom, liberty and the security of their neigh- CHEPE MUST NOT BE ALLOWED handicapped in New Mexico and around the bors, they answered without hesitation. We TO LANGUISH IN CASTRO’S country. will remember them not only as soldiers, but GULAG Project Heat’s On began ten years ago to also as patriots, who made the ultimate sac- help ensure that needy citizens have the heat rifice for their country, as well as their families. HON. LINCOLN DIAZ-BALART and smoke detection services so critical during May we keep their loved ones in our thoughts OF FLORIDA the winter. Sponsored by the Mechanical Con- and prayers as they struggle to endure this IN THE HOUSE OF REPRESENTATIVES tractors Association, the event takes place na- tionally every year and involves thousands of difficult period and mourn the heroes America Wednesday, September 10, 2003 has lost. contractors volunteering to help their commu- We will continue to hope for the safe and Mr. LINCOLN DIAZ-BALART of Florida. Mr. nities. speedy return of all of our troops serving Speaker, today I bring to the floor of the U.S. On October 4, local contractors in Albu- throughout the world. House of Representatives the case of Cuban querque, New Mexico and throughout my f political prisoner Oscar Espinosa Chepe. This home state will once again volunteer to pro- 62 year old independent journalist was one of vide free safety inspections and repairs of IN RECOGNITION OF THE SECOND 28 independent journalists and more than 100 heating systems as well as new smoke detec- BAPTIST CHURCH other opposition members detained in a mas- tors and carbon monoxide detectors to im- sive crackdown in March by the dictatorship. prove homeowners’ safety. HON. FRANK PALLONE, JR. In April, Mr. Espinosa Chepe was sentenced This project is notable not just because of OF NEW JERSEY to 20 years in prison because he wrote press the services it provides but because of the co- IN THE HOUSE OF REPRESENTATIVES stories, spoke to foreigners and interacted with operation it represents. U.A. Local 412 and the foreign press, things we take for granted MCA of New Mexico have participated with Wednesday, September 10, 2003 in this country. In the past 6 months he has United Way, the Office of Senior Affairs, and Mr. PALLONE. Mr. Speaker, I rise to pay been moved through several prisons in the the Red Cross to work for 1200 of New Mexi- tribute to the Second Baptist Church of Cuban gulag, and various serious medical co’s low-income elderly and handicapped citi- Keyport. The Second Baptist Church is a pillar conditions have been left untreated. He is cur- zens over the past years. Project Heat’s On of faith, serving the Keyport community as well rently being held at the Carlos Finlay Military thus demonstrates not only a commitment to as the greater Bayshore community since Hospital—a facility visited by some members community but a willingness of labor, manage- 1893. The church’s original congregation flour- of this Congress—and is suffering from un- ment, and government to work together. ished under the leadership of its first minister, treated hepatitis, liver failure, cirrhosis, and Mr. Speaker, I ask you to join me and all Reverend David D. Hall. Under Reverend high blood pressure. According to his wife who the residents of New Mexico in honoring and Hall’s guidance, the church was able to bring is allowed to see him only every 3 months, all thanking the Mechanical Contractors Associa- people of African-American decent together, of these conditions were under control before tion and its partners for ten years of providing forming a greater sense of community. The his arrest and she fears he may die. warm and safe homes for the winter ahead. church has remained committed to Reverend In the past week, she has also said that Mr. f Hall’s vision, and has stayed an active mem- Espinosa Chepe is being held in solitary con- ber many community outreach programs for finement in an unventilated room, and also be- INTRODUCTION OF THE STEEL over a century. For example, members of the lieves he is being given psychiatric drugs FINANCING FAIRNESS ACT congregation have put countless hours of work against his will. The misuse of psychiatric into the Keyport Food Pantry and Manna drugs and electroshock therapy against polit- HON. RON PAUL House in Cliffwood. Furthermore, many mem- ical prisoners considered ‘‘anti-social ele- OF TEXAS bers have volunteered countless hours to min- ments’’ by the Cuban dictatorship has been IN THE HOUSE OF REPRESENTATIVES istries that sponsor Global outreach, including well-documented. The Center for a Free Cuba, the Asian Youth Ministries, a youth based the Committee to Protect Journalists and Am- Wednesday, September 10, 2003 worldwide mission stemming out of Red Bank, nesty International have all issued urgent ap- Mr. PAUL. Mr. Speaker, I rise to introduce NJ. I am truly grateful to the Second Baptist peals for the life and freedom of Oscar the Steel Financing Fairness Act. This bill Church’s congregation for the work that they Espinosa Chepe. helps our Nation’s beleaguered steel industry do and services they provide. Mr. Speaker, it is important to stop and by stopping the Government from forcing The energy and compassion amongst the focus on cases such as this. Some in Con- American steel workers to subsidize their for- members of this church community is to be gress say that tourist travel to Cuba will cause eign competitors. Specifically, the bill prohibits

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.047 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1769 the Overseas Private Investment Corporation country if allowed to compete on a level plan- nue. Originally built to house The Clothing (OPIC) and the Export-Import Bank ning field. Unfortunately, due in part to govern- Game, the property was instead redeveloped (EXIMBANK) from providing any assistance to ment policy, today’s playing field is in no way into six individual clothing stores. The owner- countries that subsidize their steel industries. level. Congress must end this economically ship of this building began their successful ca- The Steel Financing Fairness Act also in- destructive, immoral, and unconstitutional pol- reer as full time property managers. Their structs the Secretary of the Treasury to reduce icy of forcing owners and workers in the do- foresight and influence helped produce the America’s contribution to the International mestic steel industry to subsidize their com- now nationally famous ‘‘Fashion Alley’’, span- Monetary Fund (IMF) by a prorated share of petitors. I therefore call upon my colleagues to ning Maple Avenue and Santee Street. the IMF’s assistance to countries that sub- cosponsor the Steel Financing Fairness Act. Throughout the 80’s and 90’s, Selma and sidize their steel industries. f Len continued to buy and develop prime prop- No one can doubt that the United States erties throughout the Los Angeles Garment steel industry is in crisis. Approximately 15 GIVE PEACE A CHANCE District. million tons of flat-rolled capability (20 percent During these years the area experienced of the existing domestic capacity base at the HON. SAM FARR such a boom that local officials and the Los start of 2000) was closed in the 18 months OF CALIFORNIA Angeles Police Department struggled to pro- from September 2000 to December 2001. The IN THE HOUSE OF REPRESENTATIVES vide adequate services. In response to the decline of the steel industry has a human cost: area’s growing needs, Selma, in conjunction Wednesday, September 10, 2003 in just the last five years, 30,000 Americans with other property owners, formed the San- once productively employed in the steel indus- Mr. FARR. Mr. Speaker, I rise today to tee-Maple Alley Association to provide addi- try have joined the ranks of the unemployed. honor His Holiness Tenzin Gyatso, the 14th tional maintenance and safety officers One of the problems facing America’s do- Dalai Lama of Tibet for his efforts promoting throughout the Alley area. mestic steel industry is that it must compete dialogue to bring peace to Tibetan lands and In 1991, working closely with my former with foreign industries that receive subsidies an end to oppression. His presence here on State Assembly office and the office of the 9th from their governments. Some of these sub- Capitol Hill today should be a reminder to all— Council District, Selma was instrumental in ob- sidies are explicitly intended to provide these that dialogue makes firm the roots of peace taining a pedestrian crosswalk for a very busy companies with a non-market advantage over and without it tyranny takes hold. area of the Alley. American steel producers. The U.S. Govern- His Holiness is a figure of pure inspiration. Over the years, she has continued to work ment further compounds the damage caused He speaks on love, war, peace, hate, econom- to ensure that the area remains attractive to by these subsidies by forcing the domestic ics and other subjects, but he continually consumers by resurfacing the alley hardscape, steel producers to support their major competi- comes back to individual responsibility. The in- replacing area storm drains, adding attractive tors through taxpayer-funded programs. dividual is the root, the base, the foundation of alley banners, and increasing the number of For example, according to the most recent family, community, society, and country, and maintenance workers and security officers. figures available, the eight countries with the all things good must begin with the individual. Selma has been a member of various wom- greatest EXIMBANK exposure are all among There is much good each American can do to en’s political groups, such as AIPAC and the top ten exporters of steel and/or steel promote world peace if we take to heart the WINPAC, which serves to better the United products to the United States. In fact, Dali Lama’s teaching. States’ international relationship with Israel, EXIMBANK has provided over $250 billion of I would like to commemorate the Dalai and is currently a member of the Republican U.S. taxpayer support to these countries. Lama for his continued pursuit of peace in Jewish Coalition. Meanwhile, OPIC has provided over $3 bil- Tibet, the Middle East, and other war-torn Mr. Speaker, it is my greatest pleasure to lion of the taxpayers’ money to seven of the places around the globe, and for the goodness honor Selma Fisch for her years of service to top ten leading steel exporters. Thus, the that he imbues in all of us. He challenges us our community, and to wish her a very happy American taxpayer has provided at least $253 to search for the better, and in that search, we 70th birthday. billion worth of support to the countries that inspire others. This body politic must recommit f are the leading competitors of the domestic itself to the pursuit of peace at home and steel industry. This does not count the funds abroad. SEPTEMBER 11—A TIME TO REMEMBER OUR HEROES provided these countries by the IMF. Since f money is fungible, the practical effect of pro- viding aid to countries which practice industrial HONORING SELMA FISCH HON. PHIL GINGREY policy is to free up resources these govern- OF GEORGIA ments can use to further subsidize their steel HON. LUCILLE ROYBAL-ALLARD IN THE HOUSE OF REPRESENTATIVES industries. Thus, taxpayer dollars sent to for- OF CALIFORNIA Wednesday, September 10, 2003 eign governments and industries can benefit IN THE HOUSE OF REPRESENTATIVES foreign steel manufacturers even if American Mr. GINGREY. Mr. Speaker, not all Amer- Wednesday, September 10, 2003 taxpayer money is not sent to directly benefit ican heroes make headlines. In fact, most those industries. Ms. ROYBAL-ALLARD. Mr. Speaker, I rise don’t. They don’t seek the spotlight and they However, hard as it may be to believe, or- today to recognize a very dear friend of mine, don’t need slaps on the back. American he- ganizations funded by American taxpayers ac- Selma Fisch, who despite being born in Au- roes go to work every morning, do a good job tually use American tax dollars to directly as- gust celebrates her 70th birthday on Sep- and provide for their families. sist foreign steel producers! For example, tember 13 because she was characteristically We celebrate our heroes on Sept. 11, just among the projects funded by EXIMBANK in too busy last month. as we mourn the innocent victims of that day. recent years is an $18 million loan guarantee Mrs. Fisch was born Selma Schenker on Sept. 11 marks a time when Americans to expand steel manufacturing in Red China. August 11, 1933, in Brooklyn, New York. At grieve and remember our terrible losses. But Ironically, many of the supporters of these sixteen years old, she and her family moved it’s also a time when we celebrate the patriot- foreign giveaways claim to be promoters of to California and settled in Boyle Heights, an ism, courage and valor of public servants and free trade. This claim makes as much sense area that my family is very familiar with. extraordinary citizens. as a supporter of higher taxes and spending Soon after graduating from Roosevelt High Heroism manifested itself that day in people claiming to be a fiscally conservative supporter School, she met and married her husband of from all walks of life. Travelers flying from of limited government. Free trade is the 51 years, Len Fisch. New Jersey to California said goodbye to their peaceful exchange of goods and services Selma and Len have three children—Laura loved ones, prayed together and one said, across borders unhampered by government Anne, William Daryl, and Lisa Kennedy. Over ‘‘Let’s roll!’’ Hundreds knowingly sacrificed interference. Taxing American workers to sup- the years her family has grown and prospered their lives so that hundreds more in our na- port their overseas competitors is not free and she is now the proud grandmother of six tion’s capital could live. trade. Instead, it is corporatism designed to granddaughters and four grandsons. Police and firefighters in New York City ran benefit certain politically powerful interests at In 1972, she and her husband Len started up the stairs of the twin towers. Looking to the expense of American entrepreneurs and a wholesale clothing company, The Clothing save lives, they lost their own. workers. Game, on Santee Street in Los Angeles. Today, we honor our heroes, those who I have no doubt that America’s steel indus- A few years later, they bought and devel- perished in the line of duty, and those who try can out-compete the steel industry of any oped their first property on nearby Maple Ave- proudly serve us today.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.051 E11PT1 E1770 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 Our U.S. soldiers continue to serve our na- Born in Warren, Ohio, Mr. Machaskee So may losses, so many funerals, so many tion and the world, from the soaring mountains worked as a sports reporter and general as- families denied even that small consolation. of Afghanistan to the searing deserts of Iraq. signment reporter for the Warren Tribune be- The losses are so great, it’s hard even to Georgians have played a proud and important fore joining the Plain Dealer. As President, comprehend them. One of those lost was role in the war on terror, as have the state’s Publisher and C.E.O., he is responsible for the Wanda Green, who was a flight attendant on military bases such as Fort Benning in the overall policy, operation, and direction of the United Flight 93 and a cousin of my chief of 11th Congressional District. newspaper. He is a graduate of Cleveland staff, Sandre Swanson. I remember Wanda to- Other men and women in uniform, fire- State University with a bachelor’s degree in night as I remember all those killed that ter- fighters and police officers in the 11th District marketing. Mr. Machaskee was awarded the rible, terrible day. [or insert county here] serve us every day on honorary degree of Doctor of Humane Letters Most Americans believe that we will face the homefront. by both Cleveland State University in 1995 more acts of terrorism. Sadly, I believe they We thank our everyday heroes for all their and the University of Akron in 1998. He was are right. dedication to their communities and to their recognized for his tireless passion and talent We have to do all we can to try an ensure country. We honor soldiers, firefighters and in 2001 with his induction into the Northeast our security here at home. police officers today as we remember those Ohio Business Hall of Fame. We need to do everything possible to safe- who died two years ago. Mr. Machaskee has demonstrated unflag- guard the world’s known stockpiles of chemi- f ging leadership in the improvement of North- cals, biological, and, God forbid, nuclear east Ohio. He currently is Vice President of weapons and materials. We need to protect THE ALMOST FORGOTTEN the Musicial Arts Association, serves on both our own plants, bridges, and ports. the Board Governance and the Finance and And we need to make sure that our first re- HON. AMO HOUGHTON Administration Committees of The Cleveland sponders have the tools, the equipment, and OF NEW YORK Foundation, is a member of The Greater the training to do their jobs. We ask them to IN THE HOUSE OF REPRESENTATIVES Cleveland Roundtable and The Museum risk their lives for us. The least we can do is Wednesday, September 10, 2003 Council of The Cleveland Museum of Art, a to give them the means to do it. Mr. HOUGHTON. Mr. Speaker, on Saturday Corporate Member of The Holden Arboretum I leave you with the words of Tom Paxton evening, I had the honor of giving out several and a Board Member of The Ohio Arts Coun- describing both the awful loss and the awe- medals to WW II Veterans and their families— cil, Leadership Cleveland, University Circle some courage at the World Trade Center and Nick Cavallaro, Leon Andrews, Frank Barber, Inc., Cleveland Tomorrow, The Great Lakes elsewhere that day: ‘‘Now every time I try to sleep I’m haunted and Charlie Giardina in Corning, NY. Science Center, The Greater Cleveland On the wall behind us was a battle scene Growth Association, Urban League of Greater by the sound, of firemen pounding up the and under it were the words: ‘‘The United Cleveland, Crime Stoppers of Cuyahoga stairs while we were coming down.’’ States is #1 because of its veterans.’’ It was County, Inc., St. Vladimir’s Orthodox Theo- When we ask men and women to pound up a haunting reminder of how much we owe to logical Seminary, in Crestwood, New York, the stairs into the face of death and danger, those who leave their families, their friends, and the national board of the International Or- we must give them every bit of support that and go off to defend the idea of freedom thodox Christian Charities. might help. which, of course, is the reason for this country Additionally, Mr. Machaskee is committed to In the memory of all those we lost two years being what it is. improving racial amity and promoting diversity. ago today, let us renew our commitment to There is not a family that has not been He is the Chairman of the Board of United safeguarding our communities. touched by some sort of wartime heroism. The Way Services for 2002–2003, and previously My thoughts and prayers to out to the par- flashbacks of those honored veterans of Crys- served as Chairman of the 2000–2001 United ents and children; husbands, wives, and part- tal City Post 524—headed by Doug Herbert Way Campaign. Mr. Machaskee is past Chair- ners; and family and friends of all those who and Mike Asiello—still light up the world of man of the Greater Cleveland Roundtable, a lost loved ones in those awful events. those of us coming from WW II. But right now, racially and culturally diverse civic forum com- Thank you, and I yield back the balance of boys and girls, men and women are fighting mitted to resolving the human relations chal- my time. for us in Iraq and around the world. We are so lenges confronting the city. f Mr. Machaskee has been a critical commu- proud of them. They embody the same spirit TRIBUTE TO DANIEL AND MINOR nity partner for many years through his ener- of those older men and women, some of LEBLOND whom went off to war over 60 years ago. getic leadership helping to improve and pro- God Bless them—God Bless those who risk mote the economy of Northeast Ohio. Many everything for this special country of ours. throughout the years have appreciated his HON. ROB PORTMAN OF OHIO f service and dedication. Let us congratulate him on being honored as International Busi- IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ALEX MACHASKEE, ness Executive of the Year. This award duly Thursday, September 11, 2003 THE 2003 INTERNATIONAL BUSI- recognizes his commitment and service to NESS EXECUTIVE OF THE YEAR Northeast Ohio. Mr. PORTMAN. Mr. Speaker, I rise to rec- ognize Dan and Minor LeBlond, friends and f HON. MARCY KAPTUR distinguished constituents, who will receive the IN MEMORY OF SEPTEMBER 11TH Jacob E. Davis Volunteer Leadership Award OF OHIO from the Greater Cincinnati Foundation (GCF) IN THE HOUSE OF REPRESENTATIVES on September 15, 2003. To commemorate the Wednesday, September 10, 2003 HON. BARBARA LEE OF CALIFORNIA joint 40th anniversaries of GCF and Stepping Ms. KAPTUR. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES Stones Center for the Handicapped, four honor Alex Machaskee, President, Publisher, awards will be presented this year honoring and Chief Executive Officer of the Cleveland Wednesday, September 10, 2003 volunteers who have played vital roles in the Plain Dealer, as the 2003 International Busi- Ms. LEE. Mr. Speaker, two years ago, we overlapping histories of these outstanding or- ness Executive of the Year. all watched in horror as television cameras ganizations. On Thursday, September 18th, 2003, Mr. brought us the terrible scenes from New York, Dan is a native Cincinnatian, and is being Machaskee will be recognized for his ongoing as we could see the smoke rising from the recognized for his 15 years of service to GCF. contribution to broadening Northeast Ohio’s Pentagon, and as we learned of acts of ter- He joined GCF as an Associate Director in role in the international community. He has rorism and heroism over the skies of Pennsyl- 1988, serving in that role until GCF’s volunteer energized the business community by cata- vania. and staffing structure changed in 1994, when lyzing civic leaders to attract international My thoughts and prayers go out to the fam- he became a member of the new Grants Re- companies to Northeast Ohio as well as link ily and friends who lost loved ones that day. view Committee and served until 2003. Ohio to the people of other nations. I want to September 11th will remain forever seared Among his many community leadership take this opportunity before this body to honor into our memories. Today, we pause to re- roles, Dan has been a board member of him and to say a few words about why he is member all those who were lost and all those American Red Cross; Boys & Girls Clubs of deserving of this incredible distinction as a who rushed into burning buildings to try and Greater Cincinnati, Inc.; Cincinnati Country global citizen. save those trapped inside. Day School; Cincinnati Institute for Fine Arts;

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A10SE8.054 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1771 Good Samaritan Hospital and TriHealth, Inc; TRIBUTE TO DR. JEAN berg-Daphna and Richard Ziman Special Care United Way of Greater Cincinnati; and a num- ROTHENBERG Center possible, and he is also a major con- ber of corporate boards. tributor to the Jewish Home Residential Med- Minor was born in Memphis, Tennessee. HON. ROB PORTMAN ical Center and the City of Hope. Mr. Golden- She is being recognized for her role as a OF OHIO berg is also active in the Elizabeth Glaser Pe- founder, past trustee, and president of Step- diatric AIDS Foundation. IN THE HOUSE OF REPRESENTATIVES ping Stones Center for the Handicapped. Along with his contributions of time and In addition to Stepping Stones, Minor has Thursday, September 11, 2003 money to the medical community, Mr. Golden- been active with a number of other important Mr. PORTMAN. Mr. Speaker, I rise to rec- berg is a dedicated supporter of education and organizations. She was a founder, past trust- ognize Dr. Jean Rothenberg, a distinguished after-school programs. Mr. Goldenberg has ee, and president of Living Arrangements for constituent, who will receive the Jacob E. been the scholarship director of the California the Developmentally Disabled, Incorporated. Davis Volunteer Leadership Award from the Highway Patrol 11–99 Foundation, an organi- She also served as a past board member of Greater Cincinnati Foundation (GCF) on Sep- zation devoted to awarding scholarships to United Cerebral Palsy of Cincinnati, Inc.; tember 15, 2003. To commemorate the joint children of Highway Patrol employees. This Friends of the School for Creative and Per- 40th anniversaries of GCF and Stepping year Mr. Goldenberg and his committee raised forming Arts; Glad House; and Playhouse in Stones Center for the Handicapped, four over one million dollars to fund 712 scholar- the Park. She is active in fund drives for awards will be presented this year honoring ships. In June, Paul awarded 43 personally United Way, Fine Arts Fund, and other organi- volunteers who have played vital roles in the funded scholarships to local high school stu- zations. overlapping histories of these outstanding or- dents. For his work on behalf of the Los Angeles Mr. Speaker, I hope my colleagues will join ganizations. community, as well as his dedication to edu- me in recognizing the many accomplishments Jean was instrumental in helping to get of Daniel and Minor LeBlond. All of us in the cation, I am proud to ask all Members to join GCF on its feet. Jean was the last president with me in commending Paul Goldenberg Greater Cincinnati area thank them for their of the Fresh Air & Convalescent Aid Society, dedication to improving the lives of others. upon receiving the 2003 Jewish Home for the which ran the Fresh Air Farm on what is now Aging Lifetime Achievement Award. They have made a significant difference in our the Stepping Stones Center property. When community, and I know they will continue to the group decided its mission had become f do so. outdated, a committee was formed to study HONORING THE ANN ARBOR f what to do with its $600,000 endowment and SYMPHONY ORCHESTRA TRIBUTE TO MS. OLLIE M. SMITH property. In 1963 and because of Jean’s lead- ership, the committee collaborated with a HON. JOHN D. DINGELL HON. HENRY E. BROWN, JR. group of civic leaders and bank presidents, OF MICHIGAN who were forming GCF, to provide the IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA $600,000 as seed money for the new founda- IN THE HOUSE OF REPRESENTATIVES Thursday, September 11, 2003 tion. The Fresh Air Farm property became Thursday, September 11, 2003 Camp Stepping Stones. Mr. DINGELL. Mr. Speaker, I rise today to Mr. BROWN of South Carolina. Mr. Speak- Jean has also been integral to other local pay tribute to the Ann Arbor Symphony Or- chestra in honor of its 75th Anniversary. er, I rise today to pay tribute to Ms. Ollie M. organizations that are important to our com- The Ann Arbor Symphony Orchestra, which munity. One example is the Hearing, Speech Smith, who is retiring as Director of the Transi- is located in my district, was founded in 1928 & Deaf Center of Greater Cincinnati, which tion Assistance Program (TAP), Office of the by Phillip Potts and continues to be the largest she founded in 1950. She has supported the Assistant Secretary of Defense (Force Man- employer in the arts within Washtenaw Coun- agement Policy), after holding this position Center and the cause of helping the hearing ty. The orchestra employs over 150 profes- since November 1996. TAP is a program run impaired with her leadership and financial re- sional musicians. jointly by the Departments of Defense, Vet- sources, and is currently an emeritus member Throughout the year, the symphony per- erans Affairs, and Labor to assist separating of the board. forms music from Bach to Broadway in nine servicemembers and their families as they Mr. Speaker, I hope my colleagues will join mainstage concerts for over 8,000 people, as transition into civilian life. me in recognizing Jean’s accomplishments as well as four youth concerts and five senior cit- Ms. Smith has dedicated her career to the she receives the Jacob E. Davis Volunteer izen concerts. During the history of the Ann Department of Defense, working for not only Leadership Award. All of us in the Greater Arbor symphony, numerous honors have been the Office of the Assistant Secretary, but also Cincinnati area thank her for her outstanding bestowed upon it. It was the only arts organi- for the U.S. Navy and the Defense Logistics service to our community and for her efforts to zation to be named ‘‘Crain’s Business Best Agency. Ms. Smith’s career began at the help those who need it most. Managed Nonprofit in 2002.’’ The orchestra Naval Supply Systems Command as a Project f was also given the Nonprofit Enterprise at Manager. She also served in the great State Work’s Excellence Award for Management in TRIBUTE TO PAUL GOLDENBERG of South Carolina at the Charleston Naval 1997 and 2003. Further, it was the only Michi- Supply Center as a contracting officer. gan orchestra to receive a Millennium Project After serving on the Board of Naval Correc- HON. ADAM B. SCHIFF award from the National Endowment for the tions from 1986 to 1993, Ms. Smith became OF CALIFORNIA Arts for a premiere of a new work for orches- Chief of Business Management, Defense Dis- IN THE HOUSE OF REPRESENTATIVES tra and gamelan. tribution Standard Center at the Headquarters Thursday, September 11, 2003 Over the past 75 years, the Ann Arbor Sym- of the Defense Logistics Agency. While there phony Orchestra has provided southeastern she was responsible for budget formulation, Mr. SCHIFF. Mr. Speaker, I rise today to Michigan with wonderful entertainment and justification, and execution of the Defense honor Paul Goldenberg. Mr. Goldenberg has great role models for young people. The Or- Standard Systems budget. been a successful businessman in the Los An- chestra has given nearly 18,500 area students Since November 1996, her responsibilities geles area for two decades. He has also the opportunity to perform through its Ensem- have changed to the more human aspect of worked hard to fund and support medical cen- ble in Your School program. The orchestra the Department of Defense. As the Director of ters and education programs, and has recently has had numerous world renowned guest per- TAP, she oversaw the automated outplace- been honored with the 2003 Jewish Home for formers such as Jaime Laredo, Catherine ment assistance system, public and commu- the Aging Lifetime Achievement Award. Cho, Ilya Kaler, and Augustin Hadelich just to nity service policy, and job seeker and em- Known as ‘‘The King of Big Screen,’’ Paul name a few. ployment outreach for active duty Goldenberg is a self-made businessman who The Ann Arbor symphony orchestra con- servicemembers and their families. started a TV repair business with $1000 he tinues to make much needed contributions to Ms. Smith’s enthusiasm, commitment, and borrowed from two cousins. For the last 19 the art community. The orchestra is actively professionalism are hallmarks of her persona. years, his La Habra store has sold more big- involved in giving young people the oppor- Thank you, Ollie, for your dedication to screen TVs than any other store in America. tunity to become involved with the arts. America’s servicemembers and veterans. You Mr. Goldenberg’s success has led him to Mr. Speaker, I ask that all of my colleagues are leaving a lasting legacy of dedicated serv- support many charitable causes. Paul’s work join me in commending the Ann Arbor Sym- ice to America and those who protect our free- with the Keeping the Promise Capital Cam- phony Orchestra on providing 75 years of ex- doms. paign made the opening of the Paul Golden- emplary service in the arts to the Michigan

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.001 E11PT1 E1772 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 community and in wishing them many more IN RECOGNITION OF DONALD R. REMEMBERING THE TRAGIC years of success. FROELICH WHO WILL RETIRE EVENTS OF SEPTEMBER 11, 2001 AFTER 13 YEARS OF DEDICATED f AND DISTINGUISHED SERVICE HON. JOHN D. DINGELL WITH THE CITY OF GLENDALE’S TRIBUTE TO RUTH UPSON OF MICHIGAN DEPARTMENT OF WATER AND IN THE HOUSE OF REPRESENTATIVES POWER HON. ROB PORTMAN Thursday, September 11, 2003 OF OHIO HON. ADAM B. SCHIFF Mr. DINGELL. Mr. Speaker, I rise today in IN THE HOUSE OF REPRESENTATIVES observance of the tragic terrorist attacks of OF CALIFORNIA September 11, 2001. Thursday, September 11, 2003 IN THE HOUSE OF REPRESENTATIVES We must never forget the character of these Mr. PORTMAN. Mr. Speaker, I rise to rec- attacks. Nor can we forget the many innocent Thursday, September 11, 2003 ognize Ruth Upson, a distinguished leader, victims on the ground and in the air, or the he- who will receive the Jacob E. Davis Volunteer Mr. SCHIFF. Mr. Speaker, I rise today to roic efforts of the many firefighters, police offi- Leadership Award from the Greater Cincinnati congratulate Donald R. Froelich who will retire cers and emergency personnel who sacrificed Foundation (GCF) on September 15, 2003. To from the City of Glendale’s Department of their lives while attempting to save others. commemorate the joint 40th anniversaries of Water and Power after 13 years of service to Our American ideals and values have sur- GCF and Stepping Stones Center for the the city and community as Water Service Ad- vived and sustained us through this difficult Handicapped, four awards will be presented ministrator. time. Ultimately, with this tragedy behind us this year honoring volunteers who have played Donald R. Froelich graduated from the Uni- we are a stronger nation. Throughout history vital roles in the overlapping histories of these versity of in 1963 with a we have always grown stronger after facing outstanding organizations. B.S. in Civil Engineering. He continued his great national challenges. This is a time of na- Ruth’s father-in-law, Mark Upson, was studies and received a Masters in Civil Engi- tional unity. We survived the onslaught of Sep- GCF’s first Director and, through Mark, she neering in 1967. He also received a certificate tember 11 and demonstrated once again the became very familiar with the good work GCF for Executive Management in 1988. Among greatness of our nation. does. Ruth is a GCF donor and member of his exemplary list of educational achievements The sacrifice of Americans continues. As we the Foundation Society for legacy givers. Ruth is also an engineering license. In addition, Mr. memorialize the victims of that awful day, we also has been active with Stepping Stones Froelich is a distinguished member of the Cali- are reminded that thousands of young Ameri- since the early 1960s. fornia Bar. cans are overseas—away from their country, In addition to Ruth’s good work at GCF and While Mr. Froelich was vice-president of the their homes, and their loved ones—fighting the Stepping Stones is her dedicated service at a Board of Directors of the Castaic Lake Water real War on Terror in the mountains and number of hospitals in the Cincinnati area. Agency, he held great responsibility for sup- deserts of Afghanistan. Our nightly news Ruth has given a great deal of her time (over plying State Project Water to the Santa Clarita brings daily reports of American sacrifice in 3,500 volunteer hours) at General Hospital in Valley. Donald worked for the Metropolitan Iraq, and we need to ensure that our soldiers the 1930s, Columbia Presbyterian Hospital in Water District for 24 years. He was respon- have our unwavering support during this dif- the 1940s, Christ Hospital, and most recently sible for water supply and demand, planning ficult time. at the Women’s Imaging Center. activities, and identifying the need for addi- In large measure, the strength of our nation Other volunteer work includes the Junior tional facilities to ensure that Metropolitan lies in its diversity and its commitment to de- League of Cincinnati, which she joined in could provide adequate water to the growing mocracy. As we remember these events and 1940; the Deupree Community, where she has communities of its member agencies. our fallen friends and family, we must honor served with the Auxiliary and on the Executive In September of 1990, Donald arrived at the their memory by upholding the values that Board; and the Church of the Redeemer, vol- City of Glendale to work for Water & Power as have made our country great and ensure that unteering ‘‘wherever needed.’’ Water Service Administrator. He was dedi- those who perpetrated these attacks did not Mr. Speaker, I hope my colleagues will join cated to managing the activities of the Water succeed in defeating our fundamental values. me in recognizing Jean’s accomplishments as Department that dealt with finances, construc- In particular, we must not assault the civil lib- she receives the Jacob E. Davis Volunteer tion, operation and maintenance of the City’s erties of any group of Americans. Our past ef- Leadership Award. All of us in the Greater water system. forts to restrict the liberties of German-Ameri- Cincinnati community thank her for her out- cans, Italian-Americans, African-Americans, standing service and efforts to help those in Donald Froelich’s accomplishments have and Japanese-Americans are scars on our need. been numerous. In 1996, he received the Cali- history. We must not let history repeat itself. fornia Water Reuse Association Project of the Indeed, depriving any group of Americans of Year Award. Notably, he implemented a re- f their liberty undermines the liberty of all Ameri- gional recycled water program with the cities cans and hands a victory to those who at- TRIBUTE TO MISS SARAH MERCER of Pasadena and Los Angeles. He worked tacked us. closely with the Environmental Protection Mr. Speaker, I ask that you and all of my HON. HENRY E. BROWN, JR Agency and the California Department of colleagues join me in remembering the victims Health Services. He planned and implemented OF SOUTH CAROLINA and heroes of September 11 and in wishing a pivotal Superfund groundwater cleanup IN THE HOUSE OF REPRESENTATIVES their loved ones a safe and prosperous future. project in an attempt to clear up the San Fer- Thursday, September 11, 2003 nando Basin of volatile organic chemicals f Mr. BROWN of South Carolina. Mr. Speak- used by the neighboring industries as TRIBUTE TO KATHRYN er, I rise today to recognize the extraordinary degreasers. Lately, Donald spearheaded the PETTENGILL accomplishment of Miss Sarah Mercer of Chromium 6 research project where he Moultrie Middle School in Mt. Pleasant, South worked with the cities of Los Angeles, Bur- HON. ROB PORTMAN bank, San Fernando and regulatory agencies Carolina. Miss Mercer recently won the Sie- OF OHIO to identify the best technology for removing mens American History Innovation Award at IN THE HOUSE OF REPRESENTATIVES the National History Day Competition held this Chromium 6 from drinking water supplies. He summer at the University of Maryland. made this possible by dedicating his efforts to Thursday, September 11, 2003 Her entry, ‘‘The Fencing Frenzy: Rights and obtain Congressional funding for the project Mr. PORTMAN. Mr. Speaker, I rise to rec- Responsibilities of Barbed Wire Usage in the with my office and that of Senator Barbara ognize Kay Pettengill, a dear friend and distin- Wild West,’’ highlights how the innovation of Boxer. guished constituent, who will receive the barbed wire led to efficient, economical, and I ask all Members of Congress to join me Jacob E. Davis Volunteer Leadership Award ecological practices for both ranchers and today in congratulating Donald R. Froelich on from the Greater Cincinnati Foundation (GCF) farmers on the American frontier. I am proud a truly exemplary professional and public serv- on September 15, 2003. To commemorate the to represent Miss Mercer and her family, who ice career, and for his immense commitment joint 40th anniversaries of GCF and Stepping reside in South Carolina’s First Congressional to the City of Glendale and surrounding com- Stones Center for the Handicapped, four District. munities. awards will be presented this year honoring

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.005 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1773 volunteers who have played vital roles in the mother, he once said, he learned to love ‘‘Joe had a level of clarity knowing the dif- overlapping histories of these outstanding or- knowledge and education, and from his fa- ference between right and wrong that very ganizations. ther, adventure and a sense of the world. few people had,’’ Evans said. ‘‘More than Shine went to The Citadel in 1967, with the Kay is being honored for her service to both that, he had the courage to do what was encouragement of teachers at his high right.’’ GCF and Stepping Stones Center. She served school, including Jim Clyburn, now a U.S. as a member of the GCF Distribution Com- representative. f mittee and later the Governing Board from Shine said he was razzed because it 1984 to 1993 and as Governing Board chair was part of The Citadel culture, and be- REMEMBERING THE SECOND ANNI- from 1990 to 1991. Kay began volunteering cause he was black. One cadet kicked VERSARY OF SEPTEMBER 11, 2001 with Stepping Stones in 1971. She is a past him under the table at meals until his president and board chair and, due to her out- shins bled. standing dedication and accomplishments, be- ‘‘There’s an atmosphere there that the fit- HON. JOHN B. LARSON came the first Honorary Trustee of Stepping test survive,’’ he said in a 2002 interview Stones in 1993. Between 1981 and 1984, she with The Post and Courier of Charleston. OF CONNECTICUT was instrumental in raising $1.2 million for ‘‘I decided that no one would determine IN THE HOUSE OF REPRESENTATIVES Stepping Stones. Kay also was key in helping who I was but me,’’ said Shine, who was named to The Citadel’s board of visitors last Thursday, September 11, 2003 to raise $1.5 million for Camp Allyn, owned by week. Rotary Club and where Stepping Stones oper- As a student at the military school, Shine Mr. LARSON of Connecticut. Mr. Speaker, I ated a resident camping program. honed the discipline that friends say he car- rise today to honor and remember the men Kay also has been a member of the Junior ried through his life. and women from Connecticut and throughout League since 1948 and has helped to raise He went to Harvard law school, served in the nation who lost their lives on September vital funds for United Way of Greater Cin- the U.S. Air Force and earned an MBA from 11, 2001. cinnati, Hamilton County Special Olympics, Southern Illinois University at Edwardsville. I know that many people throughout my dis- Easter Seals Southwest Ohio, American Red Shine worked in Washington, D.C., where he met his wife, Margaret Seymour, then an trict and state are taking time today to remem- Cross, Children’s Theater, and Cincinnati Res- attorney with the Office of Civil Rights of ber those who died that day two years ago, as toration, Incorporated. the U.S. Department of Education. well as the families and friends that they left Mr. Speaker, I hope my colleagues will join Shine loved the water and spent as much behind. No matter how much time passes me in recognizing Kay’s many accomplish- time kayaking and sailing as he could. from that day forward, the ache that we as a ments as she receives the Jacob E. Davis ‘‘Joe was a big outdoorsman,’’ said Ed nation felt in our hearts will never fade. The Volunteer Leadership Award. All of us in the Evans, the Budget and Control Board’s gen- sorrow and grief we felt on behalf of the coun- Greater Cincinnati area thank her for her tire- eral counsel and Shine’s former chief of staff. try and our fellow Americans is unwavering, as less work to help those who are less fortunate. ‘‘His first date with his wife was a sailing is our sense of outrage at the despicable acts f adventure,’’ said Evans, laughing. ‘‘He cap- and the vicious few who perpetrated them on DEATH OF JOE SHINE sized the boat. Why she went out on a second peaceful, innocent people. date, I’ll never know.’’ Shine came back to South Carolina to As we recall the tragedy of that horrible day, HON. JOE WILSON serve as chief deputy attorney general. He I hope that in addition to remembering the OF SOUTH CAROLINA and Seymour had been dating less than a pain, sadness and anger that this brutal act of year, but he proposed to her. IN THE HOUSE OF REPRESENTATIVES terrorism caused in our nation, we also take They married in 1988. time to remember the brave, selfless men and Thursday, September 11, 2003 In 1993, Gov. Carroll Campbell picked Shine women who desperately worked to save oth- Mr. WILSON of South Carolina. Mr. Speak- as the first general counsel for the Budget and Control Board, the administrative arm ers, both in the World Trade Towers, the Pen- er, I learned just yesterday about the death of of state government. tagon, and Flight 93. Let us remember the fire Joe Shine, who has been a longtime friend Shine supervised 11 attorneys at the board fighters, police officers, emergency medical re- and advisor. We worked together when I was and defended the state in cases ranging from sponders and others that unflinchingly con- in the State Senate, as he served as the attor- the mundane to the controversial, including fronted terror and chaos. There were many ney for the Budget and Control Board. a 1994 case on whether the state could fly the heroes that day, and many of them are no I am most appreciative of his chairmanship Confederate flag. longer with us. Shine defended the state’s legal rights. of the Lower Savannah Minority Affairs Com- We should take time on each anniversary of mittee for the Second Congressional District. Many people told him he shouldn’t. ‘‘As a lawyer, I have an obligation to de- September 11, 2001 to honor the dead, their My family and I offer our most sincere sym- fend my client,’’ he told The Post and Cou- families and those that continue to serve on pathy to Joe’s family and friends. rier. ‘‘My job was to try to have the case dis- the nation’s front lines of defense against acts I would like to enter into the RECORD the fol- missed.’’ of terrorism and disasters. lowing article published this morning in The ‘‘You have to have public servants who rec- State newspaper. ognize their responsibilities and are going to Let us also be grateful: Grateful for our [From The State, Sept. 11, 2003] do their jobs. I don’t choose my cases. The lives, our freedom and our Democracy—the cases come to me.’’ foundation that this nation is built on. Terror- PROMINENT LAWYER JOE SHINE DIES AT 53; Shine retired last year from the Budget CITADEL GRAD WAS FORMER COUNSEL FOR ists throughout the world, much like those who and Control Board. He became general coun- BUDGET AND CONTROL committed those terrible acts two years ago, sel for the Savannah River Site in June 2002. would most like to take from us these things (By Valerie Bauerlein) Clyburn said Shine asked his advice about Joe Shine, respected lawyer, public servant working at SRS, the subject of numerous we so value. We must remain defiant in the and husband of a federal judge, collapsed and discrimination claims. face of danger and adversity and take every died unexpectedly Wednesday morning. He ‘‘I told him he should do it,’’ Clyburn said. measure to ensure that in our efforts to be se- was 53. ‘‘I saw Joe’s going down there as general cure, we do not deprive ourselves of our Shine was the second black graduate of counsel as a step in the right direction.’’ greatest strength: our liberty. As we continue The Citadel and a graduate of Harvard law Shine commuted to Aiken, with Seymour to safeguard our communities and our bor- school. He came back to his home state to commuting to Spartanburg, where she is a ders, we must also safeguard the rights and work, and became the first legal counsel for federal district judge, the first black woman freedoms that make this nation what it is. To the state’s Budget and Control Board. named to the federal bench in the state. Fred Carter, the board’s former director The family lives in Columbia’s Northlake do otherwise would be a disservice to the and current chief of staff for Gov. Mark San- community. Friends say Shine was devoted memory of September 11. ford, said he felt like part of him was ripped to his son, who turned 12 last Thursday. May we never forget those who died or the out when he heard of Shine’s death. The cause of Shine’s death was not known members of the United States Armed Forces ‘‘I’ve had the privilege of working with Wednesday. who have given their lives since that day. In Shine leaves a legacy of public service, as thousands of people in state government,’’ their memory, we must work to protect our Carter said. ‘‘I don’t know that I could iden- a past president of the S.C. Bar Association tify anybody that had greater integrity than Foundation, which raises money for indigent homeland and our liberty, defeat terrorism, Joe Shine.’’ defense, and as a leader in civic groups, sail- and build lasting peace throughout the world. Shine grew up in Charleston, the son of a ing clubs and his church, St. Martin’s in the God bless those who lost their lives two years teacher and a cook on naval ships. From his Fields Episcopal Church. ago, and God bless America.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.010 E11PT1 E1774 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 HONORING THE MEMORY OF THE ernment officials, and his staff. He also has sanctuary, a brick building able to accommo- PRINCE WILLIAM COUNTY RESI- been a close and valuable adviser to me and date 500 people. DENTS WHO LOST THEIR LIVES the Administration on important health care In 1967, the kindergarten program began at DURING THE TRAGIC EVENTS 9/ issues affecting our nation. the church; and in 1974, a 23,000 square foot 11/01 He has also been active nationally on anes- educational building was completed. By 1977, thesiology issues. He is a member of the As- the church had begun its current Day Care HON. TOM DAVIS sociation of University Anesthesiologists, a program known as Weekday Early Education. OF VIRGINIA diplomat of the American Board of Anesthesi- That was the same year that the state-of the- IN THE HOUSE OF REPRESENTATIVES ology and a fellow of the American College of art pipe organ was purchased. Anesthesiologists. He also has invested a In 1990, First Baptist Church of Saks dedi- Thursday, September 11, 2003 great deal of his time with the American Soci- cated its third sanctuary seating 1200 people. Mr. TOM DAVIS of Virginia. Mr. Speaker, I ety of Anesthesiologists (ASA) and has served In 1995, the church began their TV ministry, rise today, on the eve of the anniversary of as ASA president (1996 to 1997), president- which currently reaches homes in greater Cal- one of the darkest hours in our great nation’s elect (1995 to 1996), first vice president (1994 houn County, Alabama; Gadsden, Alabama; history, to honor the memory of twenty-two to 1995), and vice president for scientific af- and the northeast and east central Alabama Prince William County residents who were vic- fairs (1992 to 1994). In addition, he is past area. tims of the horrific attacks on September 11, president of the Washington State and Ohio I am proud to salute First Baptist Church of 2001. Societies of Anesthesiologists, the American Saks on its 75th anniversary. The horrible and senseless acts of random Society of Regional Anesthesia, and the Soci- f violence that took place two years ago in New ety of Academic Anesthesiology Chairs. EXPRESSING SORROW FOR FAMI- York, Virginia, and Pennsylvania have left an Dr. Bridenbaugh received his medical de- LIES OF SEPTEMBER 11 VICTIMS indelible mark on our nation and have forever gree from the University of Nebraska School changed the course of history. As we take this of Medicine. He served his anesthesiology opportunity to reflect upon the catastrophic residency at Virginia Mason Hospital, and was HON. JEFF MILLER loss incurred by our country on that day, it is a National Institutes of Health trainee in anes- OF FLORIDA our duty to ensure that the memory of those thesia for two years at Stanford University and IN THE HOUSE OF REPRESENTATIVES who suffered the greatest loss of all not be at St. Thomas’ Hospital. Thursday, September 11, 2003 forgotten. Dr. Bridenbaugh also has been very active Mr. MILLER of Florida. Mr. Speaker, I rise I would like to take a moment to honor each with several professional journals, serving as today on the two-year anniversary of the worst citizen individually by name. Sergeant First associate editor of ASA’s journal Anesthesi- attack on American soil in our history. Once Class John J. Chada, USA (Ret.) of Manas- ology since 1984, associate editor of the jour- again I would like to express my sorrow for sas; Storekeeper 3 Jamie L. Fallon, USN of nal Anesthesia and Analgesia from 1989 to the families of the September 11 victims and Lake Ridge; Ms. Amelia V. Fields of Dumfries; 1994, and editor-in-chief of the journal Re- all those who have lost their lives in the war Lieutenant Colonial Robert J. Hymel, USAF gional Anesthesia from 1986 to 1989. He is on terrorism. (Ret.) of Lake Ridge; Sergeant Major Lacey B. co-editor of the textbook ‘‘Neural Blockade, The power of the American spirit shall never Ivory, USA of Woodbridge; Ms. Judith L. Pain Management.’’ again be underestimated. On September 11 Jones of Dale City; Mr. David W. Laychak of Mr. Speaker, I hope my colleagues will join and the days since, America has shown ev- Manassas; Mr. James T. Lynch, Jr. of Manas- me in recognizing Dr. Bridenbaugh’s many ac- eryone that a strong, vibrant nation faced with sas; Mr. Robert J. Maxwell of Manassas; Ms. complishments as he steps down as Chair of adversity can come together unlike any nation Molly L. McKenzie of Dale City; Ms. Diana B. the Department of Anesthesia at the University on earth. America has distinguished itself as Padro of Woodbridge; Ms. Rhonda S. Ras- of Cincinnati. All of us in the Greater Cin- the shining beacon of democracy throughout mussen of Lake Ridge; Mr. Edward V. cinnati area thank him for his outstanding the world. When attacked, and freedom is in Rowenhorst of Lake Ridge; Ms. Judy Rowlett dedication to our community, and we wish Dr. danger, we have proven that freedom will pre- of Woodbridge; Mr. Donald D. Simmons of Bridenbaugh and his wife, Dr. Diann vail. I am proud to see American citizens re- Dumfries; Ms. Cheryle D. Sincock of Dumfries; Bridenbaugh all the best. flect on this day, whether by displaying flags Interior Communications Electrician Gregg H. f or sharing a moment of silence. Smallwood, USN of Woodbridge; Sergeant The memories of that tragic day will always Major Larry L. Strickland, USA of Woodbridge; IN RECOGNITION OF THE 75TH AN- be remembered and reflected upon by the Ms. Sandra L. White of Dumfries; Mr. Jeff NIVERSARY OF THE FIRST BAP- First District of Florida. May God bless our Simpson of Woodbridge; Mr. Gene Edward TIST CHURCH OF SAKS military men and women, and these United Malloy of Manassas; and Mr. Craig Miller. States. Mr. Speaker, I ask that my colleagues in the HON. MIKE ROGERS f House of Representatives join me in saluting OF ALABAMA these Prince William County residents who we IN THE HOUSE OF REPRESENTATIVES TRANSPORTATION, TREASURY, lost in the events of September 11, 2001. Thursday, September 11, 2003 AND INDEPENDENT AGENCIES Through this tribute may our respect and re- APPROPRIATIONS ACT, 2004 membrance, never fade. Mr. ROGERS of Alabama Mr. Speaker, I rise today to pay tribute to the First Baptist f SPEECH OF Church of Saks, of Anniston, Alabama, on the TRIBUTE TO PHILLIP occasion of its 75th anniversary. HON. ROSA L. DeLAURO BRIDENBAUGH, M.D. First Baptist Church of Saks began as New OF CONNECTICUT Hope Missionary Baptist Church on Sep- IN THE HOUSE OF REPRESENTATIVES HON. ROB PORTMAN tember 10, 1927, with 13 charter members. Tuesday, September 9, 2003 Those early meetings were held in the home OF OHIO The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES of the members. On November 7, 1927, Dr. House on the State of the Union had under and Mrs. C. L. Harkins donated one-half acre Thursday, September 11, 2003 consideration the bill (H.R. 2989) making ap- of land to be used as a building site for a propriations for the Departments of Trans- Mr. PORTMAN. Mr. Speaker, I rise today to sanctuary. That first building was constructed portation and Treasury, and independent recognize the outstanding service of Dr. Phillip of wood and seated approximately 200 peo- agencies for the fiscal year ending Sep- Bridenbaugh, a friend and distinguished con- ple. tember 30, 2004, and for other purposes: stituent. He is stepping down as Chair of the On October 7, 1945, the first full-time pas- Ms. DELAURO. Mr. Chairman, I rise in sup- Department of Anesthesia at the University of tor, Reverend Grover Shaddix, was called to port of the Sanders amendment, which would Cincinnati Medical Center after 26 years of serve the church. In May of 1955, the first protect the pensions of older workers who outstanding service. Pastor’s home was dedicated. Then, approxi- have seen their retirement benefits slashed by For more than a quarter century, Dr. mately one year later, on May 4, 1960, New as much as 50 percent as a result of age dis- Bridenbaugh has dedicated himself to the Hope Missionary Baptist Church became First criminatory cash balance pension conversions. medical community in Cincinnati. He has built Baptist Church of Saks. In June of 1960, the On July 31, a federal court ruled that IBM’s strong relationships with key volunteers, gov- first service was held in the church’s second cash balance pension plan violates federal

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.015 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1775 anti-age discrimination law. The court found SEPTEMBER 11 consideration the bill (H.R. 2622) to amend that IBM knew that older workers would lose the Fair Credit Reporting Act, to prevent ´ identity theft, improve resolution of con- up to 47 percent of their pensions under the HON. LINDA T. SANCHEZ sumer disputes, improve the accuracy of con- cash balance conversion. This ruling was a OF CALIFORNIA sumer records, make improvements in the welcome outcome for the 130,000 IBM em- IN THE HOUSE OF REPRESENTATIVES use of, and consumer access to, credit infor- ployees who were represented in the case— Thursday, September 11, 2003 mation, and for other purposes: and for the millions of other Americans whose Ms. LINDA T. SA´ NCHEZ of California. Mr. Mr. BLUMENAUER. Mr. Chairman, quick, employers have already converted to one of Speaker, on September 11, the world watched effective, and accurate exchange of informa- these age discriminatory plans or might in the in horror as nearly 3,000 Americans lost their tion is critical to our current financial system. future. lives in the terrorist attacks on World Trade Technology has improved this information ex- Center, the Pentagon, and on Flight 93, that change, which benefits both businesses and The Treasury Department is moving ahead crashed in Shanksville, Pennsylvania. consumers. with proposed regulations that permit the September 11 is one of the defining events same cash balance pension plans that the However, technological reliance has also led of an entire generation. Each of us vividly re- to credit report inaccuracies and instances of court ruled are illegal. The Sanders amend- members where we were and how we heard identity theft that have hurt consumers in Or- ment would specifically prohibit the IRS from the news of the attacks. Like so many others, egon and across the nation. According to a re- issuing regulations that would conflict with this I watched as the second plane slammed into cent Federal Trade Commission report, 10 mil- federal court ruling. the World Trade Center, and then as the two lion Americans were victims of identity theft It has now been nearly two years since the towers came crashing down. I heard the re- last year at a cost of $5 billion to them and ports of the attack on the Pentagon, then the collapse of Enron, more than a year since the $48 billion to businesses. news that the last plane had crashed in Penn- collapse of WorldCom, and what has this body sylvania. And like all Americans, I sat in shock Oregon is one of most states that do not done to protect the pensions of American and horror worrying about the safety of my have laws that protect consumers from identity workers? Not a thing. We have passed legisla- loved ones. theft and this bill will greatly benefit my con- tion—legislation that fails to allow employees I was lucky enough to find out that everyone stituents. It is essential that we protect con- the right to fully diversify their stock, legislation I knew was safe. Many were not so lucky. The sumers from identity theft and other abuses and ensure credit reports are accurate and ac- that fails to hold executives who are fiduciaries events of September 11 helped me to take stock in my life and to appreciate the enor- cessible. I support the Fair and Accurate of the pension plan accountable if they violate Credit Transactions Act which will do just that. the law—executives like Ken Lay. We have mous sacrifice of ordinary Americans. This tragic moment in our history produced However, I am concerned about the ability passed legislation that allows employers to a new definition of the word ‘‘hero.’’ You could and commitment to strengthening consumer give the same conflicted financial advice the see this exemplified on Halloween in 2001 protections as time goes on. This bill pre- Republicans tried to push on the American when children across America traded in their empts state laws, which in some instances workers last fall before the Enron scandal Superman and Spiderman costumes for those may be stronger than this legislation, and will broke. of fireman, policeman and paramedics. On prevent states from passing stronger con- And today, if the Administration’s rule is al- September 11th children witnessed real he- sumer protections in the areas of privacy and lowed to go forward, we head back down the roes—the firemen who rushed into the burning identity theft. I worry that by passing good leg- same road. With companies like Xerox, Geor- Twin Towers, the police who did everything islation that raises the bar for privacy stand- possible to rescue those in need, and the ards, we may actually be creating a ceiling for gia Pacific and the Bank of Boston already medical personnel who tirelessly worked to future improvements. I supported an amend- having switched from traditional defined ben- save lives. It has been said before, but should ment to sunset this legislation so that Con- efit plans to cash balance pension plans that be remembered everyday—these ordinary gress will be forced to revisit its effectiveness leave older employees with their pensions people did extraordinary things without hesi- and fairness for consumers. slashed by up to 50 percent, this rule would tation and with enormous sacrifice. actually make it easier for more companies to There were also heroes in the sky that day. f adopt such practices. It would make it easier The brave passengers of Flight 93 saved the for companies like Motorola to put another $38 lives of others by forcing their plane to the TRIBUTE TO RITA RICCARDO million into the retirement funds of their execu- ground. What an incredible act of self-sac- tives while they contribute not a cent to their rifice! And let’s not forget the workers who HON. MIKE FERGUSON workers’ already underfunded pension fund. came to ground zero day after day to sift through the rubble, looking for survivors, and OF NEW JERSEY Quite frankly, this rule does absolutely nothing eventually looking for the remains of the vic- IN THE HOUSE OF REPRESENTATIVES to limit runaway executive compensation or tims. They are heroes. protect employees from these unfair benefit On the 2nd Anniversary of September 11th, Thursday, September 11, 2003 cuts. I think again of my loved ones and I want to Mr. FERGUSON. Mr. Speaker, I rise today say to all the families and friends who lost It seems obvious to everyone but this Re- to honor Rita Riccardo of South Plainfield, someone on this heartbreaking day—you are publican majority and Administration that our New Jersey. pension rules do not do enough to protect heroes. You have endured an unthinkable loss and yet everyday find the strength to go on. I On September 1, 2003, Mrs. Rita F. helpless employees. It does not protect them admire your courage and resilience. You are a Riccardo passed away at the age of 77. 1 had from being locked out of their pension plans great inspiration to all Americans. the privilege of knowing this loving, compas- while their life savings go down the drain or Let us honor the valor and sacrifice of these sionate and remarkable woman. As a mother protect them from venal executives who would heroes by living life to the fullest. Let us reflect of three children she had an unyielding dedi- take their money and run. The majority seems on their actions and lives and be inspired to cation to the sanctity of life. She was loving to think that is somehow acceptable behavior. build a better America. and compassionate to anyone who knew her. Today, with the Sanders amendment, we f Mrs. Riccardo was a member of the New Jersey Right to Life for 30 years. She worked have an opportunity to protect the working FAIR AND ACCURATE CREDIT diligently for her cause by organizing local men and women in this country. We can tell TRANSACTIONS ACT OF 2003 them today that, yes, we want to protect your groups for marches and parades. She was a selfless woman who put her community first. pensions because the fruits of your life’s work SPEECH OF She was a member of several community or- have to be there for you and your family when HON. EARL BLUMENAUER ganizations and the president of the Rosary you retire. That is what this country is built on. OF OREGON Altar Society of Sacred Heart Church. That is what our values are. That is the direc- IN THE HOUSE OF REPRESENTATIVES I believe that her family and community will tion we should go in. Wednesday, September 10, 2003 always remember her service and most impor- I urge my colleagues to support the Sanders The House in Committee of the Whole tantly, her great spirit. It is in her honor today amendment. House on the State of the Union had under that I stand before you.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.019 E11PT1 E1776 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 REMEMBERING SEPTEMBER 11 Publisher and C.E.O., he is responsible for the still possessed a perfectly beautiful face of overall policy, operation, and direction of the love. HON. JANE HARMAN newspaper. He is a graduate of Cleveland Were she still with us today, Mother Teresa OF CALIFORNIA State University with a bachelor’s degree in would have celebrated her birthday on August IN THE HOUSE OF REPRESENTATIVES marketing. Mr. Machaskee was awarded the 27. This year, Pope John Paul II will honor the honorary degree of Doctor of Humane Letters life and service of Mother Teresa by beatifying Thursday, September 11, 2003 by both Cleveland State University in 1995 her on October 19. Ms. HARMAN. Mr. Speaker, the passage of and the University of Akron in 1998. He was Mr. Speaker, to be honest, words cannot do time will not fade from our memories the hor- recognized for his tireless passion and talent this holy servant justice. I am convicted of my ror we witnessed 2 years ago today. in 2001 with his induction into the Northeast own inability to serve as selflessly as she did. Nor will it diminish our feelings of sadness Ohio Business Hall of Fame. This saint did the Lord’s work on a daily basis, for those who lost their lives at the World Mr. Machaskee has demonstrated unflag- with no desire to be recognized, thanked or Trade Center, the Pentagon, and in a remote ging leadership in the improvement of North- applauded. field in western Pennsylvania. east Ohio. He currently is Vice President of I am certain that when she went Home to For California’s South Bay, where LAX—the the Musical Arts Association, serves on both meet her Maker, she was greeted at the gates destination of three of the four hijacked the Board Governance and the Finance and of heaven by the Father, with arms open wide, planes—is located, four of my constituents Administration Committees of The Cleveland saying to her, ‘‘Well done, my good and faith- were killed. Foundation, is a member of The Greater ful servant.’’ We remember these individuals and comfort Cleveland Roundtable and The Museum Each of us should seek to serve with even their families: Anna Alison of Torrance, Chan- Council of The Cleveland Museum of Art, a one-third of the heart that Mother Teresa had. dler ‘‘Chad’’ Keller of Manhattan Beach, Stan- Corporate Member of The Holden Arboretum She is an example to us all of what a dif- ley Hall of Rancho Palos Verdes, and John and a Board Member of The Ohio Arts Coun- ference one life can make to so many millions. Wenckus of Torrance. cil, Leadership Cleveland, University Circle Mother Teresa used to say, ‘‘There is joy in We also remember several other individuals Inc., Cleveland Tomorrow, The Great Lakes transcending self to serve others.’’ Mr. Speak- who worked in the 36th district but lived else- Science Center, The Greater Cleveland er, to all of us in Congress, I truly pray we can where. Their coworkers remember them fond- Growth Association, Urban League of Greater find such joy—such pure and selfless joy. ly: Ruben Ornedo, who worked at Boeing, and Cleveland, Crime Stoppers of Cuyahoga Happy Birthday, Mother Teresa. And may Peter , who worked for Raytheon Elec- County, Inc., St. Vladimir’s Orthodox Theo- God bless the souls of those who still remain tronics and commuted to El Segundo weekly logical Seminary, in Crestwood, New York, on this earth, seeking to carry on the tradition from the east coast and the national board of the International Or- of servitude you left behind. Mr. Speaker, since September 11, we have thodox Christian Charities. f taken concerted action to defeat terrorism. Additionally, Mr. Machaskee is committed to Brave members of our Armed Forces and in- improving racial amity and promoting diversity. HONORING HARRY DEBENEDET AS telligence communities are working to bring He is the Chairman of the Board of United HE IS NAMED ST. MICHAEL’S the perpetrators of those terrorist attacks to Way Services for 2002–2003, and previously ‘‘MAN OF THE YEAR’’ justice. served as Chairman of the 2000–2001 United But we have much still to do. Way Campaign. Mr. Machaskee is past Chair- HON. ROSA L. DeLAURO And however difficult that task, we are in- man of the Greater Cleveland Roundtable, a OF CONNECTICUT spired by the heroism of the first responders racially and culturally diverse civic forum com- IN THE HOUSE OF REPRESENTATIVES who gave their lives that day—by the thou- mitted to resolving the human relations prob- Thursday, September 11, 2003 sands who are prepared to do the same lems confronting the city. should another attack occur—and by the Mr. Machaskee has been a critical commu- Ms. DELAURO. Mr. Speaker, it gives me memories of so many people who died. nity partner for many years through his ener- great pleasure to rise today to join the con- As we mark this anniversary, to paraphrase getic leadership helping to improve and pro- gregation of St. Michael Church in New Haven Tennyson, America will ‘‘strive . . . seek . . . mote the economy of Northeast Ohio. Many and pay tribute to an outstanding member of find . . . and not yield’’ in the face of this new throughout the years have appreciated his our community and my dear friend, Harry threat. service and dedication and I congratulate him DeBenedet, as he is honored with the ‘‘Man of Indeed, America will prevail. on being honored as International Business the Year’’ Award. f Executive of the Year. He should be com- Throughout his life, Harry has shown a mended for his commitment and service to unique dedication to the City of New Haven TRIBUTE TO ALEX MACHASKEE, Northeast Ohio. and its residents. A native son of the City, he THE 2003 INTERNATIONAL BUSI- has and continues to enrich the lives of many f NESS EXECUTIVE OF THE YEAR through both his professional and personal HONORING MEMORY OF MOTHER contributions. We are fortunate to have such a HON. MARCY KAPTUR TERESA person who so willingly gives of himself to en- OF OHIO sure the betterment of our community. IN THE HOUSE OF REPRESENTATIVES HON. WALTER B. JONES In a career that has spanned over three OF NORTH CAROLINA decades, Harry has been a member of both Thursday, September 11, 2003 the New Haven Police Department and the IN THE HOUSE OF REPRESENTATIVES Ms. KAPTUR. Mr. Speaker, I rise today to Yale University Police. As a law enforcement honor Alex Machaskee, President, Publisher, Thursday, September 11, 2003 officer, he has dedicated his career to serving and Chief Executive Officer of the Cleveland Mr. JONES of North Carolina. Mr. Speaker, and protecting our families and neighbor- Plain Dealer, as the 2003 International Busi- I rise today to honor the memory of one of the hoods. The myriad of awards and citations ness Executive of the Year. most compassionate people to have walked which he has earned are a reflection of his On Thursday, September 18th, 2003, Mr. the earth: Mother Teresa of Calcutta. commitment and outstanding service to our Machaskee will be recognized for his ongoing I was not fortunate enough to personally community. contribution to the internationalization of North- know Mother Teresa, but I have been blessed During his twenty years with the New Haven east Ohio. He has energized the business to stand within twenty feet of this incredible Police Department, Harry served in many divi- community by catalyzing civic leaders to at- woman. A few years ago, we presented Moth- sions. For twenty-five years he was a member tract international companies to Northeast er Teresa with the Congressional Gold Medal. of the Bomb Squad where he was cited for co- Ohio. I want to take this opportunity before Arriving early, I was able to sit near enough inventing several tools, which continue to be this body to honor him and to say a few words that I could see every detail of Mother Tere- utilized across the country, designed to allow about why he is deserving of this incredible sa’s face. Though she was old and weathered, for a safer approach to explosive devices. distinction. one thought struck me as I stared at this living Upon his retirement from the New Haven Po- Born in Warren, Ohio, Mr. Machaskee saint, ‘‘What a beautiful face.’’ lice Department, Harry joined the Yale Univer- worked as a sports reporter and general as- Through her years in Calcutta she had seen sity Police Department where he continues to signment reporter for the Warren Tribune be- illness and death, mourning and tragedy. She serve today. Among others, Harry also serves fore joining the Plain Dealer. As President, was rugged and aging, but, Mr. Speaker, she on the Mayor’s Emergency Preparedness and

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.023 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1777 Response Committee, the Yale Emergency PERSONAL EXPLANATION Like many of my colleagues, I lost constitu- Planning Committee, and the New Haven Ter- ents on that terrible morning. A number of rorist Task Force. HON. LYNN C. WOOLSEY them were personal friends of mine and of my Beyond his professional contributions, Harry OF CALIFORNIA family. Those of us who live in eastern Con- has always generously donated his time and IN THE HOUSE OF REPRESENTATIVES necticut will never forget Josh Piver, Madeline energies to local charitable organizations. Amy Sweeney, Ruth Clifford McCourt, Juliana Among many others, he has long been an ad- Thursday, September 11, 2003 Valentine McCourt, James Greenleaf Jr., vocate, fundraiser, and vocal supporter for the Ms. WOOLSEY. Mr. Speaker, had I been Bruce Eagleson, James Hobin, Rick Thorpe St. Jude’s Hospital, the Marine Cadets of present for rollcall No. 492, I would have voted and Eric Evans. All of them died far too soon; America, New Haven Teen Challenge, and the ‘‘aye’’. I would have voted ‘‘aye’’ on rollcall No. all of them left behind grieving families and Leukemia Society. Harry has touched the lives 493, and ‘‘aye’’ on rollcall No. 494. I would friends. of thousands and has left an indelible mark on have voted ‘‘aye’’ on rollcall No. 495. I would The events of that day are burned indelibly this community. have voted ‘‘aye’’ on rollcall No. 496, and in our minds and on our hearts. Like Ameri- It is an honor for me to stand today to ex- ‘‘aye’’ on rollcall No. 497. On rollcall No. 498, cans always have, we immediately began to tend my sincere thanks and appreciation to I would have voted ‘‘no’’. On rollcall No. 499, rise to the challenge. We put out the fires; we Harry DeBenedet for his countless contribu- I would have voted ‘‘no’’. On rollcall No. 500, cleared the debris; we prayed for the de- tions as he is named St. Michael’s ‘‘Man of I would have voted ‘‘aye’’. On rollcall No. 501, ceased and their families; and we began the the Year.’’ He has made such a difference and I would have voted ‘‘aye’’. On rollcall No. 502, serious work of ensuring that such an act of the City of New Haven is indeed a better I would have voted ‘‘aye’’. war would never again visit our shores. place because of his good work. f While we will never forget that day, sadly, f COMMENDING THE EMPLOYEE some Americans, including some in this very IN RECOGNITION OF PAULA ED- BENEFIT RESEARCH INSTITUTE Chamber, have either forgotten or failed to WARDS, NEWLY ELECTED BOARD ON ITS 25TH ANNIVERSARY learn the lessons of those attacks. Until Sep- MEMBER OF THE NATIONAL AS- tember 11, 2001, it was thought that in order SOCIATION OF FEDERAL CREDIT to wage war against the United States the UNIONS HON. EARL POMEROY enemy would have to be a nation with a OF NORTH DAKOTA mighty army and enormous industrial capa- HON. STEVEN C. LaTOURETTE IN THE HOUSE OF REPRESENTATIVES bility. That is no longer the case. Today we OF OHIO Thursday, September 11, 2003 live in a world in which a few dedicated and evil men, supported by a minimal amount of IN THE HOUSE OF REPRESENTATIVES Mr. POMEROY. Mr. Speaker, I rise today to Thursday, September 11, 2003 resources and armed with box cutters, brought express my sincere congratulations to the Em- to our shores death and destruction the likes Mr. LATOURETTE. Mr. Speaker, I rise today ployee Benefit Research Institute as it cele- of which we have never seen before. Those to congratulate Paula Edwards, a fellow resi- brates its 25th anniversary. who died on September 11th and their families dent of Ohio on her recent election to the Since I began serving the state of North Da- are the tragic witnesses to that reality. We Board of Directors of the National Association kota in Congress, I have supported public pol- have no greater responsibility than making of Federal Credit Unions (NAFCU). Ms. Ed- icy that would encourage the growth of health sure it never happens again. Advances in wards, the President and CEO of Nationwide and pension plans among private employers. I communication and technology have created Federal Credit Union located in Columbus, continuously turn to EBRI for the nonpartisan opportunities for the enemies of freedom and Ohio, was elected as a regional director, rep- data I need in order to make legislative judg- justice. Terrorists do not need huge armies. resenting the States of Illinois, Indiana, Michi- ments in this area. To this end, I am espe- They do not need an industrial base. They gan, Missouri, Ohio, West Virginia and Wis- cially thankful to EBRI and its superb, respon- have learned how to exploit the resources of consin. sive and hard-working professional staff. the 21st Century. But they underestimate the EBRI, led by Dallas Salisbury, is widely re- Ms. Edwards has been associated with Na- resources and resolve of the American spirit. tionwide FCU for more than 25 years. Ms. Ed- garded by both political parties and the press America is engaged in a war. Today a major wards joined Nationwide FCU as the Oper- as a knowledgeable and substantive source of battleground is Iraq. We have weakened an ations Manager in 1975. Since that time, Ms. information about employer-sponsored health evil regime in Afghanistan that gave al Qaeda Edwards has served as the Services Manager and welfare plans. As Congress faces the support and we have removed Saddam Hus- for Nationwide’s mutual fund operation, Na- monumental task of trying to sustain our em- sein from power. Our people have not suffered tionwide Investing Foundation, she has served ployer-sponsored health and pension systems, further attacks at home, not because our on the Nationwide FCU board of directors, in- I salute EBRI on its 25th anniversary, thank enemy has changed its mind, but because our cluding a three-year stint as chairwoman, and them for the important work they have per- law enforcement agencies and our intelligence in 1989 she took over her current position as formed over the years and recommend them community have worked diligently to prevent President and CEO of Nationwide FCU. to my colleagues who seek a deeper under- In addition, Ms. Edwards is active in a num- standing of the policy options we confront. further assaults. Congress has provided the ber of other activities including holding posi- Congratulations. We will need your analysis tools they need to make America safer. And tions on the Corporate One FCU Board and even more in the 25 years that lie ahead. we have taken the fight to our enemies in- stead of waiting for them to continue their vio- Executive Committee. She is the Chair of f Consumer Credit Counseling for the Midwest lence here. But the war is not over. and she also serves on the Public Service REMEMBERING SEPTEMBER 11, 2001 Some of us have expressed concern about Credit Union Strategic Advisory Group. the cost of the war—both in terms of funds During her 25 years of service in the credit HON. ROB SIMMONS and with regards to the even more precious union community Ms. Edwards has made the OF CONNECTICUT cost in the lives of our fellow Americans. As a Vietnam veteran, I understand these issues financial literacy of her members a priority. In IN THE HOUSE OF REPRESENTATIVES addition, Ms. Edwards has worked hard to personally and share those concerns every Thursday, September 11, 2003 build the credit union movement into what it is day. today; a healthy, competitive alternative to Mr. SIMMONS. Mr. Speaker, I rise today to In Connecticut’s Second District, which I other financial institutions. share a few thoughts with my colleagues on represent, two courageous heroes have given As a board member of NAFCU, she has dis- this anniversary of the September 11, 2001, their lives in defense of freedom. Corporal tinguished herself as a leader in the only na- attacks against our nation. None of us will Kemaphoom Chanawongse, 22 years old, 1st tional trade association that exclusively rep- ever forget the day that members of the ter- Battalion, 2nd Marine Regiment, was killed in resents the interests of America’s federal cred- rorist group al Qaeda destroyed the World action during operations on the outskirts of it unions, and I have no doubt that Ms. Ed- Trade Center towers and attacked the Pen- Nasiriya on March 23, 2003. Gunnery Ser- wards will serve NAFCU members as well as tagon. The courageous action taken by the geant Phillip Jordan, 2nd Marine Regiment, 42 she has served her own credit union mem- passengers aboard United Airlines Flight 93 years old, was killed in action near Nasiriya on bers. Again, I would like to congratulate Ms. prevented more carnage by crashing the air- March 23, 2003. Their families and they have Edwards on her new position and wish her the craft in a Pennsylvania field. On that day near- made the ultimate sacrifice on our behalf. The best of luck in this new role. ly 3,000 innocent victims were murdered. price of defending our nation is great.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.026 E11PT1 E1778 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 Every death of an American who wears our Mr. Speaker, two years ago a cartoon pub- 2001, I think it is important to focus on what nations uniform is one death too many. Fami- lished in the national news media pictured a has kept our Nation strong. lies who lose a loved one will never be able young girl seated on her father’s lap respond- In the darkest hours of September 11, many to fill the void. But I also know this. As in other ing to a news article of the September 11 at- of us reached out to our loved ones. We did difficult wars our nation has fought, we send tacks on America. She asked him, ‘‘Will we not understand why we were being attacked our forces abroad to meet the enemy in order hate back?’’ Two years later the answer is but we did know to reach for those people im- to prevent the war from coming to our shores clear. Children of the victims of the World portant to us. Let this be the reason why we and to our homes. The front lines of the war Trade Center attacks are reading the names gather today and remember September 11, on terrorism will either be in Kabul and Bagh- of their loved ones into the record at Ground 2001. dad or they will be in New York, Washington Zero in New York City. They are not doing it Those that harmed us on that day were at- or New London, Connecticut. We are doing with hatred and vengeance but with remem- tempting to steal from us our freedom. They the right thing for America and for the free brance and love. This is America’s answer to did not succeed. They will not succeed. They people of the world. But doing the right thing those who would destroy us, and it is answer will never take our spirit. is no guarantee against misfortune. The war for future generations and the world. That day 2 years ago, marks many things will be long and difficult. So was the Cold War; f so was World War II. for many people. It is images of horror. It is War is a terrible thing, but it is not the most THE DEATH OF EDWARD TELLER feelings of sadness. It brings striking apprecia- terrible. Far worse are the evils that war can tion for the precious fragility that is life. prevent and end—evils like the attacks of Sep- HON. ELLEN O. TAUSCHER For many of us, time will not wash away the tember 11th that took the lives of innocent OF CALIFORNIA hurt of that horrific moment. Though these people on their way to work, in their offices IN THE HOUSE OF REPRESENTATIVES things happened in New York, Washington, and flying on jet airliners. War is a moral un- DC, and Pennsylvania, it was an attack on Thursday, September 11, 2003 dertaking when arms are taken against brutal America. Through prayer and the support of despots and those who would destroy our Mrs. TAUSCHER. Mr. Speaker, with the our spouses and children, we survive. We people, our values and our nation. September passing of Edward Teller on Tuesday, the move on. We persevere. 11th showed us with graphic clarity that there United States has lost one of our foremost Today let our prayers remain with the vic- is great good and great evil in the world. As physicists and a lifelong advocate for edu- tims, their souls, and their families during this a free and resourceful nation, America must cation. Through his leadership and vision, time of immeasurable sadness. Our Nation accept its obligations to lead in the world, and Lawrence Livermore National Laboratory in my grieves with you. we must do so fully and without apology. As district designed the nuclear weapons that we debate how much the war on terrorism will have deterred world wars and the infrastruc- There are truly few moments in history cost; as we question how long the war will ture that ensures the continuing safety, secu- when a Nation can agree the events of a day last; as we seek answers to how long it will rity, and reliability of our Nation’s nuclear changed the world. September 11 is one of take to bring stability to Iraq, let us realize that weapons stockpile without live testing. those days. Let us honor the people who gave none of those important questions negates the His efforts were instrumental in creating the their lives on September 11 and those both righteousness of our cause and the necessity Livermore site at what was then the University here and abroad who continue to work dili- of our actions. of California Radiation Laboratory in 1952. gently to watch over us as we continue to go The enemies of freedom know what is at Teller served as the Laboratory’s second di- about our normal business. God bless Amer- stake in Iraq and Afghanistan. If those nations rector from 1958 to 1960, a time when it was ica. fall back into the dark days of oppression and well along in development of the U.S. Navy’s terror, those who seek the destruction of the Polaris missile warhead. Teller advanced Po- f United States will have achieved a significant laris, the Laboratory’s first military design TRIBUTE TO MAI HONG ON THE victory—preserving abroad a climate of tyr- project. Polaris was validated in a test in 1958, FOURTH ANNIVERSARY OF THE anny and breeding ground for terrorism. They a few months before nuclear testing was halt- OPENING OF ‘‘A TOUCH OF ELE- are fighting to defeat our allies and us. The ed for a time by a voluntary moratorium. GANCE’’ danger facing us is not that we will be drawn The moratorium was one of Teller’s greatest further into a difficult situation but that we will challenges. Faced with keeping the Laboratory lose our will and quit before the work is done. viable without testing, plans were laid for a HON. ANNA G. ESHOO In the past the terrorists have taken undue program exploring the peaceful uses of nu- OF CALIFORNIA comfort from our lack of resolve. They believe clear explosives called Project Plowshare. that if they create enough chaos and generate In addition to his contributions to physics, IN THE HOUSE OF REPRESENTATIVES enough American casualties, we will give up. Teller was a passionate educator and strongly Thursday, September 11, 2003 They are wrong. We will not give up because believed that America needed more intensive we cannot afford to have the front lines of the scientific education to develop future genera- Ms. ESHOO. Mr. Speaker, I rise today to war drawn in the United States. We will not tions of scientists and engineers. honor a distinguished Californian, Mai Hong, give up because we will never forget those Less than two months ago, Edward Teller as she celebrates the fourth anniversary of the who died in the Twin Towers, and at the Pen- was recognized for his contributions to science opening of ‘‘A Touch of Elegance’’, her thriving tagon and in a lonely field in Pennsylvania. with the prestigious Presidential Medal of Menlo Park salon, founded October 4, 1999. We will not give up because in the words of Freedom, the Nation’s highest honor. Mai Hong has built a remarkable business President John F. Kennedy, ‘‘Let every nation As I work with the national laboratories on with loyal customers from throughout the com- know, whether it wishes us well or ill, that we the cutting edge programs they have devel- munity together with her able team of Cindy, shall pay any price, bear any burden, meet oped in multiple areas, I am constantly re- Amy, Julie, Danny, Kim and Brittany. any hardship, support any friend, oppose any minded of Edward Teller’s legacy. I am sad- From the time Mai arrived in the United foe to assure the survival and the success of dened by this loss but know that he has made States from Viet Nam in 1984, she has built a liberty.’’ lasting and important contributions to the se- better life for her two children, her mother, Our enemies have declared war on us and curity of the United States. For that, we are all herself and so many others. Mai celebrates they intend to win. We can fight the war on grateful. daily the privileges and responsibilities of her our terms or on theirs, but we cannot opt out. f American citizenship. We cannot let the calls for an ‘‘exit strategy’’ become calls to retreat. May we have the wis- REMEMBERING SEPTEMBER 11, 2001 How proud I am to honor her work, her val- dom to understand that this war is not about ues, and her deep love for her adopted coun- politics or elections, it is about survival. May HON. ANDER CRENSHAW try. She is a model for others to emulate and she is a woman I’m proud to call my friend. we have the patience to know our mission is OF FLORIDA worthwhile. It is about ensuring that our chil- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me dren and grandchildren will inherit a nation in honoring Mai Hong and the entire ‘‘Touch of that is free and just and whole. Our oath of of- Thursday, September 11, 2003 Elegance’’ team as they celebrate their fourth fice demands we meet these responsibilities to Mr. CRENSHAW. Mr. Speaker, on this sec- anniversary, a model business in California’s provide for the common defense. ond September since the terrorist attacks of 14th Congressional District.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.031 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1779 A TRIBUTE TO THE SEPTEMBER 11 las Gowell of Methuen; The Hanson Family— We also need to consider what the legacy FAMILIES OF THE 5TH DISTRICT Peter, Susan & Christine Hanson, age 3, of of September 11, 2001 will be 10 years from OF MASSACHUSETTS Groton; Peter Hashem of Tewksbury; James now and even 100 years from now. Hayden of Westford; Cora Holland of Sudbury; Though it has been two years, I am still HON. MARTIN T. MEEHAN Brian Kinney of Lowell; Susan MacKay of amazed at how our nation came together to OF MASSACHUSETTS Westford; Louis Mariani, formerly of Dracut; cope with the crisis and to comfort those who IN THE HOUSE OF REPRESENTATIVES Christopher Morrison of Andover; Mildred suffered unimaginable losses. ‘‘Milly’’ Naiman of Andover; Captain John I think about the epic effort of the steel- Thursday, September 11, 2003 Ogonowski of Dracut, Pilot of American Flight workers and engineers working around the Mr. MEEHAN. Mr. Speaker, I rise today to 11; Betty Ong of Andover, Flight Attendant of clock to clear rubble from the World Trade pay tribute to the 31 people from my district American Airlines Flight 11; Jane Orth of Ha- Center, and our brave service members who who died in the September 11 attacks. Cap- verhill; Abner Morales Pabon of Lawrence; went to Afghanistan to hold accountable those tain John Ogonowski was the pilot of Amer- Marie Pappalardo of Methuen; Patrick Quigley who planned the attack. ican Flight 11. John was a Vietnam veteran of Wellesley, a Methuen native; Philip Unfortunately, Mr. Speaker, though the Pen- and a member of the American Legion and Rosenzweig of Acton; Jessica Sachs of Bil- tagon has been rebuilt and the steel beams the Dracut Grange. He was a pilot, and he lerica; Jane Simpkin of Wayland; Madeline and concrete cleared from the World Trade also was a fourth-generation farmer. I’d like to ‘‘Amy’’ Sweeney of Acton, Flight Attendant of Center, the unspeakable acts of September 11 express my appreciation that the 2002 Agri- American Airlines Flight 11; Leonard Taylor, continue to impact several areas of our lives. culture Appropriations Conference Report was an Andover native; Kenneth Waldie of Though we have made progress over the renamed the U.S. Department of Agriculture’s Methuen. last two years, I believe we can build upon the (USDA) Farmer-to-Farmer Program after Cap- As Americans we can’t help but remember. energy and spirit we displayed after Sep- tain John Ogonowski. John left a wife, Peggy, But unlike the families who have experienced tember 11 to become a stronger and more and three daughters, whom I have come to this loss first hand, we grieve for a moment, generous nation than before that day two know and admire over the last two years for not for a lifetime. These families have suffered years ago. their courage and determination in the face of the ultimate loss, and we owe them our most Whether the cause is to create new jobs for devastating loss. Their strength and commit- heartfelt sympathies and support. Americans, improve education, fight poverty at ment to John’s legacy will ensure that his f home and abroad, or increase our under- memory never dies. standing of foreign cultures and languages, we As Captain Ogonowski was one of the first 9/11 ANNIVERSARY have missed some opportunities but it is not victims, David Bernard of Chelmsford was the too late to build upon our resolve and better last. Dave was struck with falling debris as he HON. SUSAN A. DAVIS ourselves, our families, and our communities. walked into the World Trade Center. He was OF CALIFORNIA I would like to conclude today, Mr. Speaker, one of the first people rushed to New York IN THE HOUSE OF REPRESENTATIVES by remembering those who were tragically hospitals and fought for his life for over 3 Thursday, September 11, 2003 killed two years ago. Those who lost their lives months, until December of 2001. He is sur- Mrs. DAVIS of California. Mr. Speaker, we were truly the innocent, and because of the vived by his wife Nancy; his sons, David and come together to reflect on the anniversary of cowardly acts of a few, more than 3,000 loved Mark; and his daughter, Jill. If you have a September 11, 2001, a day like none other in ones were taken from their families. It is cru- chance to see it, the IRS—where David our history. cial that we remember them and continue to worked—has a beautiful stone memorial on Leading up to this anniversary, I have been offer these brave families our support. Constitution Avenue, just a few blocks from thinking much about the tragic events of that f here. day and their significance. At first, I felt I had HONORING THE SACRIFICE OF Patrick Quigley often took American Flight a grasp on what happened two years ago, but 11 to California. Concerned once the news STAFF SERGEANT CAMERON now after going to memorials, visiting the SARNO that American Flight 11 had hit the World sites, and watching the footage, I am not sure Trade Center, his wife Patti, called his office. if any of us have fully absorbed the events of She was relieved when they said they were that terrible day and realize how they have HON. JON C. PORTER sure he was fine, that he had decided to take changed our nation and our lives. OF NEVADA United Flight 175 instead. Patrick was on This anniversary is important because it IN THE HOUSE OF REPRESENTATIVES United Flight 175, and at the time, Patti gives us an opportunity to consider the lasting Thursday, September 11, 2003 Quigley was seven months pregnant. His impact of the events that altered the course of Mr. PORTER. Mr. Speaker, I rise today to daughter Leah will celebrate her 2nd birthday our nation. in a few months. Patti, who is a tremendous The shock of September 11 for those who honor the service and sacrifice of Staff Ser- source of strength for her friends and family, witnessed the horrible events firsthand or lost geant Cameron Sarno. Sarno lost his life on has joined with other widows from September a loved one remains incomprehensible. Monday, September 1, 2003, while on active 11th to start a non-profit agency called Be- For me, the events of that day were ex- duty in Kuwait. Cameron Sarno was serving yond the 11th. Next year, we will all know tremely powerful at a personal level because with the 257th Transportation Company when much more about her work, as she begins to my son, my daughter-in-law, and my grandson he was killed while helping transport much work with victims of terrorism and the war in live in New York City. All I could do was hope needed supplies to US forces in Iraq. Afghanistan. and pray my family was safe. As a mother and A native of Hawaii, Staff Sergeant Sarno I want to tell you all about Larissa Gay, a a grandmother, there is no feeling worse than moved to the Las Vegas Valley five years ago young woman from Tewksbury, who lost her such uncertainty. where he continued his more than nineteen dad, Peter, a senior trouble shooter for To all of us, the threat of terrorism is still years of service with the Army and the Army Raytheon. Larissa maintains an A+ average at very real despite the relative normality of our Reserve in the 257th, based at the Nellis Air the Sacred Heart School in Lowell. Larissa ran lives. Force Base Reserve Center. Sarno had been the 7 mile Falmouth Road Race in honor of On this occasion, we should take a moment deployed in Kuwait since February of this her father. What an incredible way to show to ask the questions that still need to be an- year, where he operated in support of Oper- strength and tackle adversity. swered. ation Enduring Freedom. There’s a story behind every victim of the I ask today, Mr. Speaker: Have we properly A man whose loyalty to family, friends, and September 11 attacks. In the last 2 years, I prepared if another attack takes place? Have comrades was a byword of both his personal have had the privilege to get to know many of we harnessed the amazing energy and the and military lives, Cameron Sarno gave the ul- the families left behind. I’d like to now pay trib- great spirit that saw us through the days and timate sacrifice in defense of the values and ute and honor all of them, with a reading of weeks following that day? Have we mobilized ideals that he wished for us all. Staff Sergeant each of their names. our citizens to take on the other problems we Sarno was a patriot and a hero; his dedication Trudi Alagero, an Andover native; David as a nation are facing? to our country will remain a reminder of the Bernard of Chelmsford; Geoffrey Cloud of I truly believe, as we look back and remem- struggles that we face in the name of freedom. Sudbury; Andrew Curry Green of Chelmsford; ber those who tragically lost their lives two I urge all Members of this House to join me in Alexander Filipov of Concord; Peter Gay of years ago, that we take the time to really think honoring his sacrifice and in sending our con- Tewksbury; Peter Goodrich of Sudbury; Doug- about what those events mean to us. dolences to his family and friends.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A11SE8.036 E11PT1 E1780 CONGRESSIONAL RECORD — Extensions of Remarks September 11, 2003 HONORING THE DEDICATION OF many ways that Barbara helped to make in requiring our government to make full dis- THE NEW BARBARA DEER KUSS Springfield a better community. closure about the tests conducted and the SCIENCE CENTER AT As the Member of Congress who represents chemical agents to which our military per- WITTENBERG UNIVERSITY Springfield and Wittenberg University in the sonnel were exposed. H.R. 2433 will also U.S. House of Representatives, I again offer make improvements to the retention and re- HON. DAVID L. HOBSON my congratulations on the completion of this cruitment of health care professionals; provide OF OHIO important new educational facility. The Bar- additional pay for Saturday tours of duty for additional health care workers in the veterans’ IN THE HOUSE OF REPRESENTATIVES bara Deer Kuss Science Center will be a new focal point of learning for students at health administration; and increase coverage Thursday, September 11, 2003 Wittenberg University and the advanced facili- of employees of veterans’ canteen services Mr. HOBSON. Mr. Speaker, I rise today to ties of this new structure will greatly assist under additional employment laws. I urge my draw attention to the upcoming September their quest for scientific knowledge. Senate colleagues to act quickly on this impor- tant legislation. 19th dedication ceremony at Wittenberg Uni- f versity in Springfield, Ohio of a new and excit- As a veteran myself, it saddens me to see ing facility that will greatly enhance the edu- RECOGNIZING LAUREN DISANO how some of our nation’s finest citizens are cational opportunities at this great institution of FOR HER ACHIEVEMENT being treated. I believe our government should higher learning in Ohio’s 7th Congressional come clean, provide the information and pro- District. HON. JAMES R. LANGEVIN vide medical treatment and compensation for the losses our military personnel suffered. We I’ve lived in Springfield for most of my adult OF RHODE ISLAND must address this tragedy and work to make life and have seen Wittenberg University grow IN THE HOUSE OF REPRESENTATIVES into one of the best liberal arts universities in sure nothing like this ever happens again. Thursday, September 11, 2003 Ohio. I have greatly enjoyed representing and f working with the university. Mr. LANGEVIN. Mr. Speaker, I rise today to SEPTEMBER 11TH The Barbara Deer Kuss Center will house congratulate Lauren DiSano, who was se- COMMEMORATION the university’s departments of biology, chem- lected to participate in the first-ever U.S. Envi- istry, physics, geology, mathematics and com- ronmental Protection Agency Health Fellows HON. NITA M. LOWEY puter science. The building will also house Environmental Health Fellows class. Ms. OF NEW YORK DiSano, a resident of Warwick, RI, earned a programs in biochemistry, molecular biology, IN THE HOUSE OF REPRESENTATIVES marine biology, health professions and envi- master’s degree in Health Science in Environ- ronmental studies. mental Health from Johns Hopkins University Thursday, September 11, 2003 This $23 million endeavor is Wittenberg’s in Baltimore. Ms. DiSano is one of only 10 Mrs. LOWEY. Mr. Speaker, I rise to honor most ambitious capital improvement to date, public health professionals selected nation- the memory of the thousands of brave men and marks the most significant improvement to wide to work at an EPA research facility for a and women lost on September 11th, the lives the university’s science facilities since the minimum of one year and address emerging of the thousands more who survived, and the original construction of Science Hall in 1965. public health needs from an environmental strength and love shown by the families, I was proud to have been able to help se- perspective. Ms. DiSano’s focus will be Home- friends, loved ones, and communities left be- cure some of the funding to ensure that land Security projects dealing with public hind on that shocking, terrible day. Wittenberg students and faculty have a safe health and water utility issues. This oppor- It’s hard to believe that it was 2 years ago. environment to perform their research. tunity will not only give Ms. DiSano a chance It feels like yesterday, in some ways, that we The design of this new facility reflects the to make our country safer, but also to become sat transfixed before CNN, unable to believe changing view of scientific and academic re- a leader in her field. As a member of the Se- that the World Trade Center was gone, the search in that it includes many glass walls to lect Committee on Homeland Security, I am Pentagon burned, and that somehow a plane make ongoing research projects more visible particularly interested in the work she will be of courageous passengers over Pennsylvania to people as they move through the building. doing and hope she will keep us updated as had managed to turn the table on their hijack- Like the new Hollenbeck Hall on campus, the her fellowship progresses. ers. The losses still ache. It was only last Kuss Center is designed to optimize inter- Mr. Speaker, I hope our colleagues will join week that the last firefighting family in New York City laid their son to rest. action between students, faculty and the me in congratulating Lauren DiSano for her In other ways, it feels like forever. Our science disciplines. achievement. sense of this world has changed, our duties One of the primary ways this is done is by f have increased, and our vulnerabilities remain. the striking atrium, which connects the old and HEALTH CARE FOR VETERANS OF As a Member of Congress, I feel a special and new parts of the building, allows natural light urgent responsibility to make sure we have in and also lets visitors see what is happening PROJECT 112/PROJECT SHAD ACT OF 2003 better intelligence, more resources, and effec- on other floors. tive response plans in place. But I am opti- The facility is also a worthy tribute to my mistic. I have faith in America. long-time friends Barbara and Richard Kuss, HON. DENNIS MOORE In my area, many of us know someone who who were instrumental in moving this project OF KANSAS was lost. But you didn’t have to know some- forward. IN THE HOUSE OF REPRESENTATIVES one to feel it. America’s heart was broken that Richard Kuss has played a leadership role Thursday, September 11, 2003 day, and in some ways we will never be the in each of Wittenberg’s fund-raising efforts same. But, in an important way, America will since 1952. He has served on the university Mr. MOORE. Mr. Speaker, in this uncertain never change. board of directors and as president of its time, our nation is looking to the brave men The terrorists wanted, and still want, to alumni association. He has received numerous and women of our armed forces. They have break America’s spirit. But that hasn’t hap- awards and honors, including an honorary de- never hesitated in answering their nation’s call pened. Our shock has faded, and we’ve ac- gree and the Medal of Honor from Wittenberg. and giving of their time and service. Our na- cepted a stark reality: we can never let down Barbara Deer Kuss served the Springfield tion owes them a debt that we can never our guard in the fight against terrorism. Com- community in many ways throughout her adult repay. That is why it is unconscionable that in munities have drawn closer and grown strong- life. For 30 years she served as a volunteer at the 1960s, our Department of Defense inten- er over the past 2 years; neighbors take the Community Hospital and was a past-president tionally exposed U.S. military personnel to time to meet and thank fire fighters and police of its Women’s Auxiliary. She also was a toxic chemicals as an experiment, without their officers; people wait patiently in long airport major donor to Community Hospital and a 12- knowledge or consent. In effect, they made screening lines; and parents stock up on bot- year member of the board of directors. our military personnel unwilling human guinea tled water and canned food. Barbara also served on the boards of the pigs. America is the land of the free; it’s the home Springfield Foundation, the Center for Sensory I strongly support H.R. 2433, the Health of the brave. We’re fighters—just look at our Motor Development, the Friends of Mercy St. Care for Veterans of Project 112/Project men and women in uniform, who are just out- John’s Center, Clark Memorial Home Associa- SHAD Act of 2003, which the House passed standing—and we’re survivors. Our Nation is tion and the Springfield YWCA and had hon- today. We cannot change what happened forty united as we continue to strengthen our secu- orary alumna status at Wittenberg University. years ago. But now we can try to make it rity, protect our people, and pursue those re- This new facility will be a lasting tribute to the right. This legislation is an important first step sponsible for the attacks.

VerDate jul 14 2003 03:00 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A11SE8.039 E11PT1 September 11, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1781 We’ve shown that we won’t allow terrorists it could have been you ota Motor Sales USA is the national cor- to destroy the values that make America on that airplane porate sponsor. great—we will protect and defend liberty, toler- it could have been you. ance and democracy. There’s no better na- May we remember those families who lost f tional tribute to those who were lost than that. loved ones during this tragic event during this REMEMBERING THE VICTIMS OF f time and continue to renew our spirits. SEPTEMBER 11, 2001 f SECOND ANNIVERSARY OF THE SEPTEMBER 11 ATTACKS NATIONAL PUBLIC LANDS DAY HON. JUANITA MILLENDER-McDONALD OF CALIFORNIA HON. STEPHANIE TUBBS JONES HON. WAYNE T. GILCHREST IN THE HOUSE OF REPRESENTATIVES OF OHIO OF MARYLAND Thursday, September 11, 2003 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Ms. MILLENDER-MCDONALD. Mr. Speaker, Thursday, September 11, 2003 Thursday, September 11, 2003 today marks the second year since one of the Mrs. JONES of Ohio. Mr. Speaker, I rise Mr. GILCHREST. Mr. Speaker, I rise today most devastating attacks occurred on United today to honor the Second Anniversary of the to recognize National Public Lands Day on States soil in our history. September 11 attacks. September 20, 2003. On this day, volunteers Many of us remember exactly where we This week we commemorate the Second around the nation will be lending their hands were when we first received news of the two Anniversary of the September 11 attacks. A to our public lands—improving the nation’s planes flying into the World Trade Center day that will forever remain in our memories habitats, removing invasive species, building complex in the borough of Manhattan. as we endured the loss of over 3,000 innocent trails, planting trees, and contributing an in- We also remember the unimaginably hor- people in New York, Washington, D.C. and valuable service to the nation. This event pro- rible sight of both towers crashing downward, Pennsylvania. Despite this tragedy we con- motes the stewardship of our publicly held nat- and the residents of New York running for tinue to press on rebuilding our communities ural and cultural resources. their very lives through the streets and over and renewing our spirits. To provide further information, I attach the bridges leading away from the site. I would like to share with you a poem writ- enclosed statement. On this day, we also remember the dedi- ten by one of my constituents and a dear VOLUNTEERS SPRUCE UP NATIONAL MALL cated workers of the Pentagon who perished, friend, Ms. Danita Harris, news anchor for SATURDAY, SEPTEMBER 20, 2003 and the brave men and women of United flight Good Morning Cleveland on WEWS News Volunteers around the nation will be lend- 93, who sacrificed their own lives to prevent Channel 5 in Cleveland. It reads: ing their hands to our public lands on the another horrific incident. On September 11, 2001... 10th annual National Public Lands Day— This devastating act of terrorism has af- our hearts were pierced by the loss of our fel- Saturday, September 20, 2003. This is the fected the lives of every single American living low Americans in the terrorist attacks largest nationwide effort to improve and en- hance those places where Americans go for in this country today. On September 11, 2001... recreation and to enjoy the outdoors. It is Thousands of Americans lost their lives on we held on to the one thing that stands when expected that around 80,000 volunteers will September 11. These were ordinary, hard all else fails, our faith in God be working at 500 locations and in every working people, who had no knowledge that On September 11, 2001... state. they would be on the front lines of a cowardly there was a rebirth, an awakening, a na- This year the focus is on improving and act that would forever represent a new battle, tional acknowledgement of the power preserving the nation’s habitats—the forests, the ‘‘war against terrorism.’’ and love of Almighty God mountains, prairies, plains, rivers, wetlands, Mr. Speaker, America is a special place. On September 11, 2001... and urban streams that are home to a rich in the midst of mourning the loss of a moth- diversity of animals, plants and birds. Many Despite differences in race, culture, creed, and er, a father, a sister, a brother, some- of the projects will involve invasives, a grow- faith, we hold certain ideals close. Americans one found Jesus—a comforter, a friend, ing threat to our public lands. Volunteers believe the words of the patriots who met at a saviour will also repair trails, build bridges, plant the Second Continental Congress, ‘‘that cer- On September 11, 2001... trees, protect cultural sites, restore aging fa- tain truths are selfevident, that all men are knees bowed down and tongues cried out cilities and much more. created equal, that they are endowed by their ‘‘HELP US GOD!’’ Here in our nation’s capital volunteers will Creator with certain inalienable rights, that be working from one end of The National On September 11, 2001... Mall to the other—the Lincoln Memorial to among these are Life, Liberty and the Pursuit the salt of our tears fell on the earth giving the Ulysses S. Grant Memorial. Projects in- of Happiness.’’ our country a new flavor of freedom clude repairing the walkway around Con- Americans believe that all people, in the and pride stitution Gardens; trimming cherry trees words of Martin Luther King, Jr., ‘‘will bow be- On September 11, 2001 . . . around the Tidal Basin; painting benches and fore the altars of God and be crowned trium- hatred and ignorance showed its ugly face as railings at Hains Point; and weeding, plant- phant over war and bloodshed, and nonviolent terrorism penetrated America’s front ing and mulching flowerbeds at the George redemptive goodwill will proclaim the rule of door Mason Monument, Department of the Inte- the land.’’ rior and the Benjamin Banneker Park. Kids On September 11, 2001 . . . Finally, Mr. Speaker, Americans believe that we put aside our differences, our prejudices, will build bat houses for a National Park our isms, and our schisms Service research project and help install we are one nation, indivisible, with liberty and justice for all. On September 11, 2001 . . . duck ramps in the lake at Constitution Gar- the only race was the human race, not con- dens. Mr. Speaker, the war against terrorism con- This is a unique opportunity for Members nected by blood but united by spirit tinues to this day, but the resolve and spirit of and staffs to join others who are giving up a On September 11, 2001 . . . the American people can never be defeated, Saturday to care for our special place, The our thirst for peace and democracy never our voices sang God Bless America, but in National Mall. our spirits we were all singing Amazing National Public Lands Day is a project of quenched. Grace the National Environmental Education & On this day, let us remember the victims, Because if it wasn’t for God’s grace Training Foundation in partnership with their families, and all who were touched by the it could have been you nine federal agencies, numerous state land tragic events of 2 years ago. God bless them in that building authorities and private organizations. Toy- all, and God bless America.

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HIGHLIGHTS The House passed H.R. 1538, True American Heroes Act of 2003. The House passed H.R. 911, to authorize the establishment of a memo- rial to victims who died as a result of terrorist acts against the United States or its people, at home or abroad, by a voice vote. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the bill, at 2:30, Routine Proceedings, pages S11365–S11427 on Monday, September 15, 2003. Page S11427 Measures Introduced: Seven bills and two resolu- Labor, Health and Human Services, Education tions were introduced, as follows: S. 1607–1613, S. Appropriations—Agreement: A unanimous-con- Res. 224, and S. Con. Res. 67. Page S11416 sent agreement was reached providing that, notwith- Measures Passed: standing the September 10, 2003 passage of H.R. 2660, making appropriations for the Departments of September 11, 2001 Anniversary: Senate agreed Labor, Health and Human Services, and Education, to S. Res. 224, expressing the sense of the Senate on and related agencies for the fiscal year ending Sep- the second anniversary of the terrorist attacks against tember 30, 2004, Senate agree to the following the United States on September 11, 2001. amendment proposed thereto: Pages S11426–27 Pages S11365–80 Frist (for Stevens) Amendment No. 1649 (to Federal Annuity Adjustments: Senate passed Amendment No. 1542), to provide the Director of H.R. 978, to amend chapter 84 of title 5, United the National Institutes of Health with the authority States Code, to provide that certain Federal annuity to carry out the NIH Roadmap to provide for rapid computations are adjusted by 1 percentage point re- advances in the biomedical research process. lating to periods of receiving disability payments, Pages S11426–27 clearing the measure for the President. Page S11424 Nominations Confirmed: Senate confirmed the fol- FCC Media Ownership: Senate began consideration lowing nomination: of S.J. Res. 17, disapproving the rule submitted by Christopher A. Wray, of Georgia, to be an Assist- the Federal Communications Commission with re- ant Attorney General. Page S11427 spect to broadcast media ownership. Messages From the House: Page S11414 Pages S11383–S11402 Measures Referred: Page S11414 A unanimous-consent agreement was reached pro- viding for further consideration of the resolution at Executive Communications: Pages S11414–16 9:30 a.m., on Tuesday, September 16, 2003, with 60 Additional Cosponsors: Pages S11416–17 minutes of debate remaining, the resolution be read Statements on Introduced Bills/Resolutions: a third time, and a vote on final passage to occur Pages S11417–22 thereon. Page S11427 Additional Statements: Pages S11413–14 Energy and Water Development Appropriations: Amendments Submitted: Pages S11422–23 Senate began consideration of H.R. 2754, making appropriations for energy and water development for Notices of Hearings/Meetings: Page S11423 the fiscal year ending September 30, 2004. Authority for Committees to Meet: Pages S11402–06 Pages S11423–24 Privilege of the Floor: Page S11424 D986

VerDate jul 14 2003 05:18 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE3.REC D11SE3 September 11, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D987 Adjournment: Senate met at 8:30 a.m., and ad- Environment; Chris Kearney, Deputy Assistant Sec- journed at 6:56 p.m., until 1 p.m., on Monday, Sep- retary of the Interior for Policy Management and tember 15, 2003. (For Senate’s program, see the re- Budget; Dennis Well, City Manager, Williams, Ari- marks of the Majority Leader in today’s Record on zona; Tony Gioia, Council Member, Camp Verde, page S11427.) Arizona; Harry Mendoza, McKinley County Com- missioner, Gallup, New Mexico; and Jeffrey R. Ellis, Committee Meetings Chemicals and Plastics Technology, Plantation, Flor- ida. (Committees not listed did not meet) U.S.-CHINA RELATIONS OPERATION IRAQI FREEDOM Committee on Foreign Relations: Committee concluded Committee on Armed Services: Committee met in closed a hearing to examine U.S.-China relations, focusing session to receive a briefing on lessons learned re- on China’s rise in prominence in a geostrategic, po- garding Operation Iraqi Freedom from Brigadier litical, commercial, cultural influence, human rights General Robert Cone, USA, Director, Operation violations, Chinese military capability, and the state Iraqi Freedom Joint Lessons Learned Collection of China’s economy, after receiving testimony from Team; Admiral Edmund P. Giambastiani, Jr., USN, James A. Kelly, Assistant Secretary of State for East Commander, U.S. Joint Forces Command; and Gen- Asian and Pacific Affairs; Nicholas R. Lardy, Insti- eral Gary Luck, USA (Retired), former Commander, tute for International Economics, T. Kumar, Am- U.S. Forces-Korea, Senior Advisor to the U.S. Joint nesty International USA, Harold Brown, and Kurt Forces Command. M. Campbell, each of the Center for Strategic and International Studies, all of Washington, D.C. PUBLIC LANDS Committee on Energy and Natural Resources: Sub- VA ENHANCED SERVICES INITIATIVE committee on Public Lands and Forests concluded a Committee on Veterans’ Affairs: Committee concluded a hearing to examine S. 849, to provide for a land ex- hearing to examine the Department of Veterans Af- change in the State of Arizona between the Secretary fairs’ Capital Asset Realignment for Enhanced Serv- of Agriculture and Yavapai Ranch Limited Partner- ices (CARES) Initiative, the effort to develop a road- ship, S. 511, to provide permanent funding for the map relative to the allocation of capital resources Payment In Lieu of Taxes program, S. 432, to au- within the Veterans Health Administration (VHA), thorize the Secretary of the Interior and the Secretary including developing market plans to address plan- of Agriculture to conduct and support research into ning initiatives and space requirements, realignments alternative treatments for timber produced from and consolidations, after receiving testimony from public lands and lands withdrawn from the public Anthony J. Principi, Secretary, Robert H. Roswell, domain for the National Forest System, and S.1582, Under Secretary for Health, Everett Alvarez, Jr., to amend the Valles Preservation Act to improve the Chairman, Capital Asset Realignment for Enhanced preservation of the Valles Caldera, after receiving tes- Services Commission, and Jay Halpern, Acting Di- timony from Senator McCain; Mark Rey, Under Sec- rector of the National CARES Program Office, all of retary of Agriculture for Natural Resources and the the Department of Veterans Affairs. h House of Representatives tional significance of the Miami Circle site in the Chamber Action State of Florida as well as the suitability and feasi- Measures Introduced: 9 public bills, H.R. bility of its inclusion in the National Park System 3075–3083; and 1 resolution, H. Con. Res. 278, as part of Biscayne National Park, (H. Rept. were introduced. Page H8216 108–268); and Additional Cosponsors: Pages H8216–17 H.R. 1006, to amend the Lacey Act Amendments of 1981 to further the conservation of certain wild- Reports Filed: Reports were filed as follows: life species, amended, (H. Rept. 108–269). S. 111, to direct the Secretary of the Interior to conduct a special resource study to determine the na- Page H8216

VerDate jul 14 2003 05:18 Sep 12, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D11SE3.REC D11SE3 D988 CONGRESSIONAL RECORD — DAILY DIGEST September 11, 2003 Moment of Silence: The House observed a moment E–911 IMPLEMENTATION ACT of silence during the morning prayer offered by the Committee on Energy and Commerce: Subcommittee on House Chaplain, Reverend Daniel Coughlin. Telecommunications and the Internet held a hearing Page H8199 on H.R. 2898, E–911 Implementation Act of 2003. True American Heroes Act of 2003: The House Testimony was heard from John B. Muleta, Bureau passed H.R. 1538, to posthumously award congres- Chief, Wireless Telcommunications, FCC; Anthony sional gold medals to government workers and oth- Haynes, Executive Director, Emergency Communica- ers who responded to the attacks on the World tions Board, Department of Commerce and Insur- Trade Center and the Pentagon and perished and to ance, State of Tennessee; Tim Berry, Treasurer, State people aboard United Airlines Flight 93 who helped of Indiana; and a public witness. resist the hijackers and caused the plane to crash, to OVERSIGHT—SS TOTALIZATION require the Secretary of the Treasury to mint coins AGREEMENT WITH MEXICO in commemoration of the Spirit of America, recog- nizing the tragic events of September 11, 2001, by Committee on the Judiciary: Subcommittee on Immi- gration, Border Security, and Claims held an over- voice vote. Pages H8201–07 The House agreed to consider the bill under sight hearing on ‘‘Should There Be a Social Security Totalization Agreement with Mexico?’’ Testimony unanimous consent on September 10. Page H8203 was heard from Jo Anne B. Barnhart, Commissioner, Establishment of a National Memorial for Vic- SSA; Barbara D. Bovbjerg, Director, Education, tims of Terrorist Attacks: The House passed H.R. Workforce and Income Security, GAO; and public 911, to authorize the establishment of a memorial to witnesses. victims who died as a result of terrorist acts against the United States or its people, at home or abroad, MISCELLANEOUS MEASURE by a voice vote. Pages H8207–12 Committee on Resources: Subcommittee on Fisheries Pursuant to the unanimous consent agreement, Conservation, Wildlife and Oceans held a hearing on the amendment in the nature of a substitute offered H. Con. Res. 268, expressing the sense of the Con- by Representative Pombo, now printed in the bill gress regarding the imposition of sanctions on na- was considered as an original bill for the purpose of tions that are undermining the effectiveness of con- amendment and was agreed to by a voice vote. servation and management measures for Atlantic Pages H8207 highly migratory species, including marlin, adopted The House agreed to consider the bill under by the International Commission for the Conserva- unanimous consent on September 10. Page H8207 tion of Atlantic Tunas and that are threatening the Recess: The House recessed at 11:44 a.m. and re- continued viability of United States commercial and recreational fisheries. Testimony was heard from convened at 1:04 p.m. Page H8213 John H. Dunnigan, Director, Office of Sustainable Meeting Hour: Agreed that when the House ad- Fisheries, National Marine Fisheries Service, NOAA, journs today, it adjourn to meet at 12:00 p.m. on Department of Commerce; David A. Balton, Deputy Monday, September 15, and further that when the Assistant Secretary, Oceans and Fisheries, Depart- House adjourns on Monday, it adjourn to meet at ment of State; and the following officials of the De- 12:30 p.m. on Tuesday, September 16 for morning partment of Homeland Security: John Considine, Di- hour debate. Page H8213 rector, Cargo Verification Division, Trade Compli- Calendar Wednesday: Agreed to dispense with the ance and Facilitation, Bureau of Customs and Border Calendar Wednesday business of Wednesday, Sep- Protection; and Rear Adm. Jeffrey J. Hathaway, tember 17. Page H8213 USCG, Director, Coast Guard Operations Policy, Adjournment: The House met at 10 am. and ad- U.S. Coast Guard. journed at 1:23 p.m. f COMMITTEE MEETINGS FOR Committee Meetings FRIDAY, SEPTEMBER 12, 2003 EXPLORING OPPORTUNITIES IN HIGHER (Committee meetings are open unless otherwise indicated) EDUCATION ACT Senate Committee on Education and the Workforce: Sub- No meetings/hearings scheduled. committee on 21st Century Competitiveness held a hearing on H.R. 3039, Expanding Opportunities in House Higher Education Act of 2003. Testimony was heard Committee on Government, to consider the following from public witnesses. measures: H. Con. Res. 71, recognizing the importance

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of Ralph Bunche as one of the great leaders of the United Committee on Commerce, Science, and Transportation: Sep- States, the first African-American Nobel Peace Prize win- tember 17, to hold hearings to examine digital right ner, an accomplished scholar, a distinguished diplomat, management and privacy issues, 9:30 a.m., SR–253. and a tireless campaigner of civil rights for people September 17, Full Committee, to hold hearings to ex- throughout the world; H. Con. Res. 262, expressing the amine the nominations of Gwendolyn Brown, of Virginia, sense of the Congress in support of the National Anthem to be Chief Financial Officer, National Aeronautics and ‘‘SingAmerica’’ project; H. Res. 262, supporting the goals Space Administration, Karen K. Bhatia, of Maryland, to and ideals of Pancreatic Cancer Awareness Month; H. be an Assistant Secretary of Transportation, and Charles Res. 306, congratulating the New York Yankees on the Darwin Snelling, of Pennsylvania, to be a Member of the occasion of their 100th anniversary; H. Res. 352, remem- Board of Directors of the Metropolitan Washington Air- bering and honoring the March on Washington of Au- ports Authority, 2:30 p.m., SR–253. gust 28, 1963; H.R. 1882, to designate the facility of the September 18, Subcommittee on Surface Transportation United States Postal Service located at 440 South Orange and Merchant Marine, to hold hearings to examine rail- Blossom Trail in Orlando, Florida, as the Arthur road shipper issues and S. 919, to amend title 49, United ‘‘ ‘Pappy’ Kennedy Post Office;’’ H.R. 1883, to designate States Code, to enhance competition among and between the facility of the United States Postal Service located at rail carriers in order to ensure efficient rail service and 1601–1 Main Street in Jacksonville, Florida, as the reasonable rail rates, 9:30 a.m., SR–253. ‘‘Eddie Mae Steward Post Office;’’ and H.R. 2452, to des- Committee on Energy and Natural Resources: September ignate the facility of the United States Postal Service lo- 17, business meeting to consider pending calendar busi- cated at 339 Hicksville Road in Bethpage, New York, as ness, 10 a.m., SD–366. the ‘‘Brian C. Hickey Post Office Building;’’ followed by September 18, Subcommittee on Water and Power, to a hearing entitled ‘‘Black Men and Boys in the District hold hearings to examine S. 213, to clear title to certain of Columbia and their Impact on the Future of the Black real property in New Mexico associated with the Middle Family,’’ 10 a.m., 2154 Rayburn. Rio Grande Project, S. 1236, to direct the Secretary of f the Interior to establish a program to control or eradicate tamarisk in the western States, S. 1516, to further the CONGRESSIONAL PROGRAM AHEAD purposes of the Reclamation Projects Authorization and Adjustment Act of 1992 by directing the Secretary of the Week of September 15 through September 20, Interior, acting through the commissioner of Reclama- 2003 tion, to carry out an assessment and demonstration pro- gram to assess potential increases in water availability for Senate Chamber Bureau of Reclamation projects and other uses through Monday, control of salt cedar and Russian olive, H.R. 856, to au- On at 2:30 p.m., Senate will resume con- thorize the Secretary of the Interior to revise a repayment sideration of H.R. 2754, Energy and Water Devel- contract with the Tom Green County Water Control and opment Appropriations. Also, pursuant to the order Improvement District No. 1, San Angelo project, Texas, of July 30, 2003, Senate will debate a motion to go and H.R. 961, to promote Department of the Interior ef- to conference on S. 3, Partial Birth Abortion Ban. forts to provide a scientific basis for the management of On Tuesday, at 9:30 a.m., Senate will resume con- sediment and nutrient loss in the Upper Mississippi River sideration of S.J. Res. 17, FCC Media Ownership, Basin, 2:30 p.m., SD–366. with a vote on final passage to occur thereon. Committee on Environment and Public Works: September During the balance of the week, Senate may con- 16, Subcommittee on Fisheries, Wildlife, and Water, to sider other cleared legislative and executive business, hold oversight hearings to examine the implementation of including appropriation bills and certain nomina- the Clean Water Act, 9:30 a.m., SD–406. September 18, Full Committee, to hold hearings to ex- tions, when available. amine the nomination of Michael O. Leavitt, of Utah, to Senate Committees be Administrator of the Environmental Protection Agen- cy, 9 a.m., SD–406. (Committee meetings are open unless otherwise indicated) Committee on Foreign Relations: September 17, Sub- Committee on Banking, Housing, and Urban Affairs: Sep- committee on International Economic Policy, Export and tember 16, to hold hearings to examine the nominations Trade Promotion, to hold hearings to examine West Afri- of Harvey S. Rosen, of New Jersey, and Kristin J. Forbes, ca and Latin America in relation to U.S. Energy Security, of Massachusetts, each to be a Member of the Council of 2:30 p.m., SD–419. Economic Advisers, Julie L. Myers, of Kansas, to be As- Committee on Governmental Affairs: September 15, Finan- sistant Secretary of Commerce for Export Enforcement, cial Management, the Budget, and International Security, and Peter Lichtenbaum, of Virginia, to be Assistant Sec- to hold hearings to examine defined benefit pension plans retary of Commerce for Export Administration, 10 a.m., and the Pension Benefits Guaranty Corporation, focusing SD–538. on specific changes that may be required within the cur- September 16, Subcommittee on International Trade rent pension system to help ensure the financial stability and Finance, to hold hearings to examine financial recon- of companies with underfunded pension liabilities, 2:30 struction in Iraq, 2:30 p.m., SD–538. p.m., SD–342.

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September 16, Full Committee, to hold oversight hear- hearing to review crop insurance for specialty crop pro- ings to examine the future of the GAO; to be imme- ducers, 9:30 a.m., 1300 Longworth. diately followed by a hearing to consider the nomination Committee on Armed Services, September 18, hearing on of C. Suzanne Mencer, of Colorado, to be the Director of United States Policy and operations in Iraq, 9 a.m., 2118 the Office for Domestic Preparedness, Department of Rayburn. Homeland Security, 9:30 a.m., SD–342. Committee on Education and the Workforce, September 17, September 17, Full Committee, to hold hearings to ex- Subcommittee on Select Education, to mark up the fol- amine what can be done to ensure the future viability of lowing bills: H.R. 3076, Graduate Opportunities in the U.S. Postal Service, 10 a.m., SD–342. Higher Education Act; and H.R. 3077, International Committee on Health, Education, Labor, and Pensions: Sep- Studies in Higher Education Act, 10:30 a.m., 2175 Ray- tember 18, Subcommittee on Aging, to hold hearings to burn. examine financial abuse of the elderly, 10 a.m., SD–430. September 17, Subcommittee on Workforce Protec- Committee on Indian Affairs: September 17, to hold hear- tions, hearing on H.R. 2731, Occupational Safety and ings to examine S. 420, to provide for the acknowledge- Health Small Employer Access to Justice Act of 2003, 2 ment of the Lumbee Tribe of North Carolina, 10 a.m., p.m., 2175 Rayburn. SR–485. Committee on Energy and Commerce, September 17, Sub- Committee on the Judiciary: September 16, with the committee on Commerce, Trade and Consumer Protec- Committee on Rules and Administration, to hold joint tion, hearing on the International Consumer Protection hearings to examine the continuity of the United States Act of 2003, 10 a.m., 2123 Rayburn. government in relation to the Presidency, 9:30 a.m., Committee on Financial Services, September 17, hearing SR–325. entitled ‘‘Accounting under Sarbanes-Oxley: Are financial September 16, Full Committee, to hold hearings to ex- statements more reliable?’’ 10 a.m., 2128 Rayburn. amine the importance of the H–1 visa to the American September 18, hearing on the following: H.R. 2575, economy, 2:30 p.m., SD–226. Secondary Mortgage Market Enterprises Regulatory Im- September 17, Full Committee, to hold hearings to ex- provement Act; and the Administration’s proposals on amine the nominations of Margaret Catharine Rodgers, to GSE regulation, 10 a.m., 2128 Rayburn. be United States District Judge for the Northern District Committee on Government Reform, September 16, hearing of Florida, Roger W. Titus, to be United States District on ‘‘Holocaust Era Insurance Restitution after AIA v. Judge for the District of Maryland, George W. Miller, of Garamedi: Where Do We Go From Here?’’, 2 p.m., 2154 Virginia, to be a Judge of the United States Court of Rayburn. Federal Claims, and David W. McKeague, of Michigan, September 16, Subcommittee on Human Rights and to be United States Circuit Judge for the Sixth Circuit, Wellness, hearing entitled ‘‘A Medicare Prescription 10 a.m., SD–226. Drug Safety Net: Creating a Target Benefit for Low-In- September 17, Full Committee, to hold hearings to ex- come Seniors,’’ 10 a.m., 2154 Rayburn. amine effective federal, state, and local law enforcement September 17, Subcommittee on Civil Service and strategies to combat gang violence in America, 2 p.m., Agency Organization, oversight hearing titled ‘‘Human SD–226. Capital Planning: Exploring the National Commission on September 18, Subcommittee on Immigration, Border the Public Service’s Recommendations for Reorganizing Security and Citizenship, to hold hearings to examine the Federal Government,’’ 2 p.m., 2154 Rayburn. state and local law enforcement of immigration laws in September 17, Subcommittee on Criminal Justice, relation to stopping terrorism, 2:30 p.m., SD–226. Drug Policy and Human Resources, hearing entitled ‘‘Im- Committee on Rules and Administration: September 16, plementation of National Supply Reduction Strategy,’’ 10 with the Committee on the Judiciary, to hold joint hear- a.m., 2203 Rayburn. ings to examine the continuity of the United States gov- September 17, Subcommittee on Technology, Informa- ernment in relation to the Presidency, 9:30 a.m., tion Policy, Intergovernmental Relations and the Census, SR–325. oversight hearing titled ‘‘Exploring Common Criteria: Committee on Veterans’ Affairs: September 16, to hold Can It Ensure That the Federal Government Gets Needed joint hearings with the House Committee on Veterans’ Security in Software?’’, 10 a.m., 2154 Rayburn. Affairs to receive the legislative presentation of The September 18, full Committee, hearing titled ‘‘What American Legion, 10 a.m., SH–216. Happened to GPRA? A Retrospective Look At Govern- Select Committee on Intelligence: September 18, to hold ment Performance and Results,’’ 10 a.m., 2154 Rayburn. closed hearings to examine certain intelligence matters, September 18, Subcommittee on Technology, Informa- 2:30 p.m., SH–219. tion Policy, Intergovernmental Relations and the Census, executive, hearing titled ‘‘Security of Industrial Control House Chamber Systems in Our Nation’s Critical Infrastructure,’’ 2 p.m., 2154 Rayburn. To be announced. Committee on House Administration, September 18, hear- ing on H.R. 2844, Continuity in Representation Act of House Committees 2003, 10 a.m., 1310 Longworth. Committee on Agriculture, September 18, Subcommittee Committee on International Relations, September 16, Sub- on General Farm Commodities and Risk Management, committee on Middle East and Central Asia, hearing on

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Syria: Implications for U.S. Security and Regional Sta- Committee on Small Business, September 17, hearing on bility—Part I, 10 a.m., 2172 Rayburn. small business success stories, 1 p.m., 2360 Rayburn. September 18, full Committee, hearing on United Committee on Transportation and Infrastructure, September States Policy in Afghanistan: Current Issues in Recon- 16, Subcommittee on Economic Development, Public struction—Part II, 10:30 a.m., 2172 Rayburn. Buildings and Emergency Management, oversight hearing September 18, Subcommittee on Africa, hearing on on Emergency Preparedness Issues, including Reauthor- U.S. Policy Toward Liberia, 2 p.m., 2172 Rayburn. ization of the Pre-disaster Mitigation Program, 2 p.m., September 18, Subcommittee on Europe, hearing on 2167 Rayburn. Turkey’s Future Direction and U.S.-Turkey Relations, September 17, Subcommittee on Water Resources and 1:30 p.m., 2200 Rayburn. Environment, oversight hearing on Contributions of Ports September 18, Subcommittee on International Ter- and Inland Waterways to the Nation’s Intermodal Trans- rorism, Nonproliferation and Human Rights and the Sub- portation System, 11 a.m., 2167 Rayburn. committee on Asia and the Pacific, joint hearing on September 18, Subcommittee on Aviation, oversight Human Rights in Burma: Fifteen Years Post Military hearing on the DOT Inspector General’s September 4th Coup, 12:30 a.m., 2237 Rayburn. Report on the Safety of the FAA’s Contract Tower Pro- Committee on Resources, September 16, Subcommittee on gram, 10 a.m., 2167 Rayburn. Committee on Ways and Means, September 18, Sub- National Parks, Recreation and Public Lands, hearing on committee on Social Security, hearing on the SSA’s Man- the following bills: H.R. 280, National Aviation Heritage agement of the Office of Hearings and Appeals, 10 a.m., Area Act; H.R. 646, Fort Donelson National Battlefield B-318 Rayburn. Act of 2003; H.R. 1594, St. Croix National Heritage Select Committee on Homeland Security. September 16, Area Study Act; H.R. 1618, Arabia Mountain National Subcommittee on Cybersecurity, Science, and Research Heritage Area Act; and H.R. 1862, Oil Region National and Development, hearing entitled ‘‘The Invisible Battle- Heritage Act, 2 p.m., 1334 Longworth. ground: What the Department of Homeland Security is September 17, Subcommittee on Energy and Mineral Doing to Make America’s Cyberspace More Secure,’’ 9:30 Resources, oversight hearing on ‘‘Environmental Aspects a.m., 2118 Rayburn. of Modern Oil and Gas Development,’’ 10 a.m., 1324 September 17, Subcommittee on Cybersecurity, Longworth. Science, and Research and the Subcommittee on Infra- September 17, Subcommittee on Forests and Forests structure and Border Security, to continue joint hearings Health, oversight hearing on the Forest Service Recre- entitled ‘‘Implications of Power Blackouts for the Na- ation Fee Demonstration Program, 2 p.m., 1334 Long- tion’s Cybersecurity and Critical Infrastructure Protection: worth. The Electric Grid, Critical Interdependencies, September 18, full Committee, to hold a hearing on Vulnerabilities, and Readiness,’’ 3 p.m., HC-5 Capitol. the following bills: H.R. 1899, Cape Fox Land Entitle- ment Adjustment Act of 2003; and H.R. 2010, to pro- Joint Meetings tect the voting rights of members of the Armed Services Joint Meetings: September 16, Senate Committee on in elections for the Delegate representing American Veterans’ Affairs, to hold joint hearings with the House Samoa in the United States House of Representatives, 10 Committee on Veterans’ Affairs to receive the legislative a.m., 1324 Longworth. presentation of The American Legion, 10 a.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 1 p.m., Monday, September 15 12 noon, Monday, September 15

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 2:30 p.m.), Sen- ate will resume consideration of H.R. 2754, Energy and Water Development Appropriations. Also, pursuant to the order of July 30, 2003, Senate will debate a motion to go to conference on S. 3, Patial Birth Abortion Ban.

Extensions of Remarks, as inserted in this issue

HOUSE Gingrey, Phil, Ga., E1769 Moore, Dennis, Kansas, E1780 Harman, Jane, Calif., E1776 Pallone, Frank, Jr., N.J., E1768 Blumenauer, Earl, Ore., E1775 Hobson, David L., Ohio, E1780 Paul, Ron, Tex., E1767, E1768 Brown, Henry E., Jr., S.C., E1771, E1772 Houghton, Amo, N.Y., E1770 Pomeroy, Earl, N.D., E1777 Crenshaw, Ander, Fla., E1778 Jones, Stephanie Tubbs, Ohio, E1781 Porter, Jon C., Nev., E1779 Davis, Susan A., Calif., E1779 Jones, Walter B., N.C., E1776 Portman, Rob, Ohio, E1770, E1771, E1772, E1772, E1774 Davis, Tom, Va., E1774 Kaptur, Marcy, Ohio, E1770, E1776 Rogers, Mike, Ala., E1774 DeLauro, Rosa L., Conn., E1774, E1776 Langevin, James R., R.I., E1767, E1780 Roybal-Allard, Lucille, Calif., E1769 Diaz-Balart, Lincoln, Fla., E1768 Larson, John B., Conn., E1773 Sa´ nchez, Linda T., Calif., E1775 Dingell, John D., Mich., E1771, E1772 LaTourette, Steven C., Ohio, E1777 Schiff, Adam B., Calif., E1771, E1772 Eshoo, Anna G., Calif., E1778 Lee, Barbara, Calif., E1770 Simmons, Rob, Conn., E1777 Farr, Sam, Calif., E1769 Lowey, Nita M., N.Y., E1780 Tauscher, Ellen O., Calif., E1778 Ferguson, Mike, N.J., E1775 Meehan, Martin T., Mass., E1779 Wilson, Heather, N.M., E1768 Gilchrest, Wayne T., Md., E1781 Millender-McDonald, Juanita, Calif., E1781 Wilson, Joe, S.C., E1773 Gillmor, Paul E., Ohio, E1767 Miller, Jeff, Fla., E1774 Woolsey, Lynn C., Calif., E1777

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