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

Vol. 149 WASHINGTON, TUESDAY, OCTOBER 28, 2003 No. 153 Senate The Senate met at 9:30 a.m. and was Cabinet will receive an up-or-down under time agreements and in a timely called to order by the President pro vote and anticipate his confirmation fashion. tempore [Mr. STEVENS]. by an overwhelming majority this Everybody is aware of the scheduling morning. challenges we have during this time of PRAYER Following the disposition of the year. But with the cooperation of all The Chaplain, Dr. Barry C. Black, of- Leavitt nomination, the Senate will re- Members, we will be able to finish our fered the following prayer: sume debate on the foreign operations work and adjourn at the earliest pos- Let us pray. appropriations bill. There are several sible time. As always, I thank our col- O God, who is our refuge and amendments pending to the bill. We leagues and Senators for their coopera- strength, our shelter in the time of hope to begin scheduling votes on those tion and energy and patience to accom- storms, we begin this day by looking to amendments. Senator MCCONNELL will plish this as we go forward. You for guidance and discernment. be here following the nomination vote. f Thank You for daily victories over our We anticipate completing action on the bill during today’s session. Therefore, RECOGNITION OF THE ACTING worst selves and for fellowship with MINORITY LEADER You. Senators should expect rollcall votes Bless our Senators. Give them throughout the day and possibly votes The PRESIDENT pro tempore. The strength for their difficult tasks, vic- into the evening, if necessary. assistant Democratic leader. tory over temptation, and fulfillment Each day I come to the floor I men- Mr. REID. Mr. President, while the in their work. tion the schedule and the remaining distinguished majority leader is in the Help each of us to stand guard business before the Senate. Again, I Chamber, the Senator from Kentucky against those thoughts and passions would like to reiterate that the days of and I had a conversation on the floor that lead us from You. May our con- this session are waning, but we have a here last night—it was public in na- sciousness of Your presence become full legislative agenda and executive ture—indicating that it was the major- more real with each hour of every day. matters to finish. We have the appro- ity leader’s intention for us to work on We pray this in Your strong name. priations bills and the conference re- November 10 and 11 that is, Monday Amen. ports, Healthy Forests—and the tragic and Tuesday of the week after next. events in California underscore the I totally support that. If we are going f need for this crucial legislation. Re- to get out of here, we have to work PLEDGE OF ALLEGIANCE garding the Fair Credit Reporting Act, that week. The leader set November 7 The PRESIDENT pro tempore led the we are in discussions, and I hope an as a time when we should get out. I Pledge of Allegiance, as follows: agreement can be reached on its con- think that will be nearly impossible. I pledge allegiance to the Flag of the sideration. If not, it will be necessary We may. I hope, if we are going to try United States of America, and to the Repub- to take the procedural steps to ensure to adjourn on November 14, that Mem- lic for which it stands, one nation under God, that the Senate does act on this very bers will understand we are going to indivisible, with liberty and justice for all. important piece of bipartisan legisla- have to do more that Monday and f tion. Tuesday than have votes on judges. We We have the Internet tax morato- are going to have to go into sub- RECOGNITION OF THE MAJORITY rium. Discussions are underway on an stantive matters and all during Mon- LEADER agreement to allow us to act before the day have votes. If we are going to come The PRESIDENT pro tempore. The expiration of the existing law. at 5 o’clock and have a relatively un- majority leader is recognized. On the climate change legislation, we important vote, then I don’t think we f have a 6-hour agreement. I hope we can will accomplish much. possibly use less time than those 6 If we have, I repeat, any intention, SCHEDULE hours. We are looking for an available any hope of getting out of here on No- Mr. FRIST. Mr. President, this morn- time to consider it this week. vember 14—which I hope we could do— ing the Senate will resume consider- We have the judicial nominations as we are going to have to work Monday ation of the nomination of Michael well. and Tuesday. I fully support the major- Leavitt to be Administrator of the En- Again, I hope to make efficient use of ity leader. vironmental Protection Agency. There the Senate’s time over the coming As I said last night on the floor, the will be 1 hour of debate prior to the days, and I hope and look forward to veterans of the State of Nevada would nomination. I am pleased this distin- working with the Democratic leader- also understand why, on an important guished nominee for the President’s ship so we can consider these bills holiday, Veterans Day, we would be

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

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VerDate jul 14 2003 23:50 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.000 S28PT1 S13326 CONGRESSIONAL RECORD — SENATE October 28, 2003 here doing the people’s business. A lot Virtually every region of the country leader and the minority leader for ac- of the business we are doing relates di- is benefiting from the recovery, as are commodating my desire to speak on rectly to the veterans. a host of industries. You read it daily. the nomination of Utah Gov. Michael So I hope, if we are going to work Sara Lee saw its earnings rise 25 per- Leavitt to be Administrator of the En- those 2 days, they are meaningful, hard cent. Black and Decker’s earnings are vironmental Protection Agency prior days. up 36 percent. Xerox profits climbed by to the vote to confirm him. The PRESIDENT pro tempore. The 18 percent. Also revealing are ‘‘first I was, unfortunately, not able to be majority leader. timer’’ corporate profits. For example, here last night. So I appreciate that I Mr. FRIST. Mr. President, through Amazon.com reported a profit for the have a chance to make some remarks the Chair in response, it is our objec- first time in a nonholiday period. this morning. tive to adjourn as soon as we possibly Lucent Technologies is posting profits A few weeks ago, I placed a ‘‘hold’’ on can, completing the business before us. for the first time in 3 years. Corning Governor Leavitt’s nomination because Thus, there is a very good possibility and AMR, the parent company of of serious concerns many of his con- we will be able to finish our work that American Airlines, both broke a string stituents have raised about his record week. of 10 quarter losses. of enforcing our national environ- A lot of people do want to be back at All of this activity is helping to bol- mental laws. home, and rightfully so, for Veterans ster the job market. The President has the right to nomi- Day itself. That Monday before Vet- The labor market added 57,000 new nate people of his choosing to serve in erans Day we will have to have a pro- jobs last month after seven straight his Cabinet. That, however, does not ductive day here if our goal is to finish obligate anyone to vote for each and months of job cuts. that week. every one of them. Wages have gone up, on average, at I do want to keep flexible. Right now, I want to make it perfectly clear that I ask the understanding of my col- nearly all income levels. Higher wages I am not impugning Governor Leavitt’s leagues because it very much depends combined with lower debt payments character. He has been a public servant on what happens over the next several and mortgage refinancing options are for many years and has been credited days on the floor of the Senate. That is adding much needed juice to the eco- with many significant accomplish- why we have to keep moving ahead nomic engine. ments. with appropriations and see what hap- So I am optimistic about the direc- I will vote against confirming Gov- pens with the supplemental in con- tion of the economy as it continues on ernor Leavitt because I have not had ference today, see the progress with this road to recovery. Even the New sufficient time to investigate the seri- the energy and medicare conferences. York Times credits the Bush tax cut ous allegations that have been brought For right now, we need flexibility, but with higher consumer spending. to my attention. I think based on the comments the In the Senate, we will continue to In fairness to Governor Leavitt, I Democratic whip just made, as well as champion policies that work—policies asked the Congressional Research mine, if we have a chance of finishing that return tax dollars to the taxpayer Service (CRS) to review and assess the that week, we can make that a very yet encourage entrepreneurship and in- allegations. In a few more days, CRS productive week. novation, and that promote even high- staff would have been able to get back I know we will have a full hour before er levels of jobs and growth. to me. Unfortunately, the majority has the vote. I just want to comment very I ask unanimous consent that 60 min- seen fit to force a vote on this nominee briefly on another issue for 3 or 4 min- utes remain in order prior to the vote. today. utes. The PRESIDENT pro tempore. With- Governor Leavitt has waited 2 f out objection, it is so ordered. months. When former President Clin- f ton nominated Katie McGinty to be THE ECONOMY chair of the Council on Environmental Mr. FRIST. Mr. President, it is wide- RESERVATION OF LEADER TIME Quality, Republicans delayed her con- ly expected that the Federal Reserve The PRESIDENT pro tempore. Under firmation for more than a year. will vote later today to keep the short- the previous order, leadership time is Unfortunately, the majority did not term interest rates at the historically reserved. honor the holds placed on this nomi- low level of 1 percent. This is good f nee, so the process of vetting him prop- news for our economy and very good erly has been short-circuited. Con- news for American households. Low in- EXECUTIVE SESSION sequently, we are being asked to vote terest rates are allowing consumers to to confirm an individual nominated to cut their monthly payments, their debt NOMINATION OF MICHAEL O. be the nation’s highest-ranking envi- payments, and to invest their hard- LEAVITT TO BE ADMINISTRATOR ronmental regulator—without the ben- efit of having some answers to some earned money in the American dream, OF THE ENVIRONMENTAL PRO- very important questions. and that is the ownership of a home. TECTION AGENCY Indeed, sales of previously owned The current ‘‘tide’’ of environmental homes have hit their third highest The PRESIDENT pro tempore. Under protection in America is at low ebb level on record. Yesterday, the Na- the previous order, the Senate will go under the current administration. I tional Association of Realtors reported into executive session to resume con- don’t have enough time here to enu- that previously owned home sales rose sideration of Executive Calendar No. merate the hundreds of rollbacks and 3.6 percent to a record annual rate of 405, which the clerk will report. dilutions of our environmental laws 6.69 million units in the month of Sep- The legislative clerk read the nomi- that President Bush and his adminis- tember. nation of Michael O. Leavitt, of Utah, tration have foisted on the American The realtor association’s chief econo- to be Administrator of the Environ- people. Given such a state of affairs, I mist says the strong home sales are a mental Protection Agency. think it would be wise to determine if result of ‘‘the powerful fundamentals The PRESIDENT pro tempore. Under the nominee shares the same careless that are driving the housing market— the previous order, there will now be 60 disregard for clean water, clean air, household growth, low interest rates, minutes equally divided between the land conservation, and global warming and an improving economy.’’ ranking members, or their designees, as the President. Meanwhile, on Thursday, the Com- and there will be 20 minutes under the I had planned to ask Governor merce Department will release the control of the Senator from New Jer- Leavitt many questions based on infor- data on third-quarter economic sey. mation provided to me by the southern growth. Most observers expect the Who yields time? Utah Wilderness Alliance and other agency will report significant gains. In- The Senator from New Jersey. Utah conservation and citizens’ groups. deed, if the forecasters are right and Mr. LAUTENBERG. Thank you, Mr. They have cast serious doubt on the the economy does show a 6-percent President. I will use most of the 20 Governor’s commitment to enforcing gain, this would be the fastest upward minutes I have available, and perhaps our laws to protect human health and swing since 1999. all of it. But first, I thank the majority the environment.

VerDate jul 14 2003 23:50 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.003 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13327 In 1998, Governor Leavitt was quoted The Tenth Circuit Court of Appeals all but impossible to find by the local as saying: ruled last fall that the Environmental wildlife. Cyanide leach pads, acid mine The national government should establish Impact Statement the Governor’s staff drainage, and other forms of dangerous standards. Local governments must figure prepared was invalid because it ignored contamination have spread across out how best to meet them . . . governments obvious harmful impacts. To top that, 20,000 acres of land. Metallic contami- must focus on outcomes, not programs. the alternative they chose would have nation has reached Utah’s Great Salt I agree with the Governor’s senti- violated the Clean Water Act. Lake and Jordan River. ment that outcomes are what count. In another instance, the Governor Mining has always come with a high The important questions are: Are our made a secret deal to remove 2.6 mil- environmental price tag, and I will rivers getting cleaner? Is the air lion acres from possible designation as grant that some improvements have healthier? Are toxic sites being decon- ‘‘wilderness’’. been made at Kennecott in reducing its taminated? Utah’s Sierra Club issued a state- toxic air emissions. But what I find es- On that score, our environmental ment that said: pecially noteworthy is that for nearly laws and programs have a proven track 20 years conservation and citizens’ Governor Mike Leavitt’s environmental record. Even this White House has track record, which includes working behind groups have clamored for a clean-up grudgingly acknowledged as much. closed doors with Interior Secretary Gale plan for Kennecott. Yet conveniently, The Office of Management and Budg- Norton to open up Utah’s wildlands to pol- this long-sought-after clean-up plan et issued a report recently which con- luting industries, suggests that he will be a didn’t make any headway until this cludes that the health and social bene- good fit for the Bush administration, but a year, right after the Governor’s August fits of enforcing tough clean air regula- disappointing choice for Americans con- 11 nomination to become EPA’s Admin- tions during the past decade have been cerned with environmental protection. . . . istrator. What a coincidence of timing. 5 to 7 times greater in economic terms Earlier this year, EPA released a re- He has been Governor for many years than the costs of complying with the port on the States’ record of enforcing now. What accounts for this ‘‘Road to regulations. the Clean Water Act. Utah received one Damascus’’ conversion? Is it political When compared to the 1950s and of the lowest scores for enforcement. expediency? 1960s, before most of our major envi- Governor Leavitt’s ‘‘hands-off’’ ap- Utah’s U.S. Magnesium Corporation ronmental laws were enacted, we have proach is a recurring theme. He has ar- also illustrates Governor Leavitt’s en- made outstanding progress. Rivers like gued in favor of downsizing and even vironmental ‘‘credentials’’ for the job the Cuyahoga no longer catch on fire. dismantling agencies like the Environ- as EPA Administrator. MagCorp, as it Air pollution inversions no longer kill mental Protection Agency. It is not is called, is listed No. 1 on EPA’s list of 20 people and sicken 4000 more in one hard to imagine the demoralizing im- toxic polluters. Some years, it falls to fell swoop, like an incident in Donora, pact it could have on EPA staff if the No. 2. At a minimum, it is one of the PA, in 1948. next Administrator is on record saying nation’s worst toxic polluters. These achievements have resulted that EPA should be dismantled. This According to EPA’s Toxic release In- from the careful implementation of viewpoint reveals the importance Gov- ventory, MagCorp accounted for more congressional laws. But those laws can ernor Leavitt places on protecting our than 90 percent of total chlorine re- only be effective if they are voluntarily air, water, and land. leases in the United States from 1998 to obeyed or enforced by EPA and the Do we really want to return to the 2000. Since 2000, MagCorp’s chlorine States. Regulations won’t do any good days before the EPA was established, emissions have decreased and it now if they are not enforced. when rivers caught on fire and people accounts for only 80 percent of the Na- We can be proud of the progress we literally keeled over from air pollu- tion’s chlorine releases. But this slight have made over the past few decades tion? I, for one, do not relish the re- decrease has not resulted from any en- but there is so much more to be done sults of confirming a ‘‘rollback’’ Gov- forcement action taken by Governor to protect human health and the envi- Leavitt’s administration. Rather, the ronment. We can’t stop now, but that ernor as the guardian of our Nation’s environment under a ‘‘rollback’’ ad- reductions are attributable to actions is what President Bush is trying to do, taken by the EPA. ministration! and I am concerned that is what Gov- My question is, Why did the EPA Another widely reported matter of ernor Leavitt will try to do, too, if he have to step in to enforce the law? is confirmed. Despite his commentary concern has to do with a fish hatchery Tests of the company’s waste-water about ‘‘balance’’ and ‘‘stewardship,’’ the Governor and his family have ditches have revealed dioxin contami- Governor Leavitt’s record portrays a owned. The family was served with 33 nation at 170 parts per billion. That is dramatically different approach to the indictments for illegal fish transfers 170 times higher than EPA’s ‘‘action environment. His record reveals a dis- that helped to spread a severe fish dis- level’’ for clean-up. EPA eventually turbing tendency to place the short- ease known as ‘‘whirling disease.’’ This had to step in where the State had sighted economic interests of regulated is a serious matter, but pales in com- failed to do so. That strikes me as a se- industries above protecting the long- parison to the actions taken by Mr. rious lapse in enforcement responsibil- term health of the public. Leavitt once he became Governor. Ac- ities. I will highlight just a few of more cording to the Salt Lake Tribune and Remember that Governor Leavitt has than a dozen examples which illustrate other Utah papers, after being elected said, ‘‘The national government should this pattern. As I mentioned before, Governor, Mr. Leavitt had officials in establish standards. Local governments much of the information that follows his administration transfer, demote, or must figure out how best to meet has come from citizens of Utah who fire as many as 70 State employees who them.’’ But in case after case of signifi- visited my Senate office here in Wash- had worked on the fish hatchery indict- cant environmental damage, we find ington to complain about problems ments. that the Governor appears to believe they saw with respect to Governor This whole affair definitely has a that ‘‘he who enforces least enforces Leavitt’s willingness to protect their nasty smell, and it is not just due to best.’’ What good are environmental environment. I might add that I know the dead fish! health standards, if they are being ig- the State very well. I spend a lot of Utah’s Kennecott copper mine is re- nored, year after year? Those standards time in Utah. I love it. I love the ter- portedly the world’s largest open-pit exist for sound scientific reasons and rain. I love the Wasatch Mountains all mine. The ore extracted from this mine are developed only after years of exten- of that of which Utah residents are so has brought enormous wealth to its sive research and independent peer re- proud. owners, but has been paid for by the view. Governor Leavitt has strongly sup- public in the form of extensive environ- The plain fact is this: toxic pollution ported something called the ‘‘Legacy mental damage. Acid mine drainage is dangerous to our health, especially Highway’’ project. This highway was and the careless dumping of waste rock to the health of our children and set to cut through highly significant have contaminated surface waters and grandchildren. We may not imme- wetlands next to the Great Salt Lake groundwater on an unprecedented diately see the lowered I.Q. scores, can- that provide the breeding ground for scale. For at least 10 miles along the cer ‘‘clusters,’’ or autoimmune dis- 500 American Bald Eagles. Oquirrhs mountain face, clean water is eases, but make no mistake, they are

VerDate jul 14 2003 23:50 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.055 S28PT1 S13328 CONGRESSIONAL RECORD — SENATE October 28, 2003 among the tragic results when pol- Enforcement actions against some of for Utah. When the Utah data was cor- luters are allowed to flaunt with the the worst environmental violators have rected, Utah showed one of the lowest law with impunity. Failure to enforce been cut by at least 45 percent; Clean Water Act noncompliance rates our environmental laws portrays either Half of the facilities that violate in the country. a sad ignorance of the health costs or, their toxic limits do so by 100 percent; For example, between January of 2000 even worse, a knowing disregard for 13 percent violate their limits by a and March of 2001, Utah’s noncompli- them. In recent years, scientific anal- staggering 1,000 percent; and ance rate placed Utah among the top 10 ysis of the highest caliber has shown 80 percent of Clean Water Act viola- States with the lowest rates of non- that, if anything, our environmental tors never receive a formal enforce- compliance. Right now, 73 percent of health standards may be too lax. ment action. the streams in Utah meet all Federal We have learned, for instance, that This is a total disregard for the law. and State requirements. That is a 24- children under 2 are 10 times more like- I think it’s time to end the disregard, percent improvement over the time ly to develop cancer when exposed to the secrecy, the obfuscation, and the since Governor Leavitt took office. It the same toxic concentration as adults. wholesale abdication of responsibility is one of his greatest accomplishments, An article that appeared in the New for protecting two of the Nation’s most and here he is being criticized for it. England Journal of Medicine last April precious resources: human health and I have to go back and reread—I wish reported that the concentration of lead our environment. there were more time to do it. I cer- in the blood which can lower a child’s My fear is that this abdication won’t tainly appreciate Senator JEFFORDS’ I.Q. is lower than previously believed. end with the nominee the Senate is comments when he said—and this is a In the latest study published in the poised to confirm; it will get worse. quote— New England Journal of Medicine, re- Therefore, I must vote ‘‘No.’’ And I First of all, it has nothing to do with the searchers report that at blood-lead lev- hope many others will vote no to show qualifications of Mr. Leavitt. I will vote for els allowed under the current health that we are opposed to this degradation him and I am hopeful that at some point I standard, children’s I.Q. scores declined of our environment and to this willful will be able to do so. I look forward to that. ignorance of the costs that degradation I consider him a friend. I have worked with by an average of 7.4 points. him in the past on [various matters]. We will not be well served by an EPA will impose on our society. Gov. Bill Richardson, a Governor Administrator who continues, or even I yield the floor. with Governor Leavitt, said: accelerates, the pace at which Presi- The PRESIDING OFFICER (Ms. MUR- KOWSKI). The Senator from Oklahoma. He has worked effectively with other Gov- dent Bush is dismantling our funda- ernors regardless of party. Obviously the mental environmental protections. The Mr. INHOFE. Madam President, I had a hard time figuring out whom the dis- same willingness and ability to work col- last person we need as Administrator is laboratively with other elected and ap- someone whose philosophy on key envi- tinguished Senator from New Jersey pointed environmental officials is crucial to ronmental issues is less regulation, no was talking about. the effectiveness of any EPA Administrator. matter what the cost to public health Let me just outline how this side is Mike Leavitt is a consensus builder and can and the environment. going to use its 30 minutes. I have a bring people together. I would add that it is not just the Si- few comments to make, and I may re- That is Gov. Bill Richardson of New erra Club and the Southern Utah Wil- spond to some of the things the Sen- Mexico, one of his biggest fans. derness Association who have voiced ator said about Governor Leavitt. I un- We have talked over and over about opposition to this nomination. Rocky derstand Senator BOND wants to come the accomplishments of Governor Anderson, Mayor of Salt Lake City, down and have about 5 minutes. Leavitt. He was the chairman of the who opposed the Governor’s ‘‘Legacy I ask if Senator JEFFORDS would National Governors Association. He is Highway’’ project, said: mind if Senator HATCH could have our chairman of the Republican Governors last 10 minutes because he was not able On environmental issues governor Leavitt Association, chairman of the Western and I differ greatly. He’s had some great op- to spend as much time in the Chamber Governors Association. Under his lead- portunities to provide real leadership, but I yesterday in order to respond to any- ership, the visibility in the West has think he has been unwilling to spend the po- thing else that has been said about improved. There have been accolades litical capital to make the important Governor Leavitt. all over the country on the job he has changes. We have serious air quality issues Mr. JEFFORDS. No objection. done as the cochairman of the Western that are simply going to get worse without Mr. INHOFE. Thank you very much. Regional Air Partnership cleaning up strong leadership. I appreciate the cooperation we have the air. The last 3 years have been the ‘‘dark- had. During his 11-year term, we already est hour’’ of our Nation’s commitment First of all, as far as the comments mentioned 73 percent of Utah streams to environmental protection since EPA the Senator from New Jersey made currently meet all water quality stand- was created. This White House has re- about Governor Leavitt are concerned, ards compared to 59 percent 10 years peatedly foisted its penchant for se- talking about the Legacy Parkway, let ago. And it has all happened since Gov- crecy and cover-up on the Environ- me just mention to him that the con- ernor Leavitt took office. mental Protection Agency. It held struction on the highway began only I do not understand at this late hour back the Children’s Environmental after Utah had the legal authorization that finally someone is coming and Health Report for 9 months. It has hid- to do so from the various States and criticizing him. I have been critical of den and misrepresented the impacts of the Federal agencies. The 2,000 acres of the debate so far because they have not its New Source Review rule. And for wetlands would be protected as a na- really talked about Governor Leavitt, the first time ever, White House offi- ture preserve. except in praising him, but they have cials insisted that the global warming But I think the most significant talked about misrepresenting the Bush chapter be deleted from EPA’s Air point, since he is criticizing the admin- administration’s environmental pro- Quality Trends Report. You do not istration along with Governor Leavitt, gress. have to be an atmospheric scientist or is that all required Federal approvals Now, I think something has to be professor to know what is happening for the Legacy Parkway project were said that, prior to his markup, com- because of global warming. We see the issued by the Clinton administration mittee Democrats submitted 400 ques- trend all over, and we see the con- after 6 years of study, public comment, tions to Governor Leavitt. And if you sequences of that trend. But the ad- and legal review. That was the Clinton compare that to other administrations, ministration will have none of that. administration. when Carol Browner was up in 1993—re- Earlier this year, the administration Secondly, on the water quality re- member that—she had only 67 ques- tried to prevent the release of a report port, first of all, the report they are tions that came from Republicans—not on EPA’s abysmal enforcement record. quoting is from PIRG, which is another 400; 67. And, of course, for William I am thankful the report was leaked to environmental extremist group. It is Reilly there were just a handful of the press. Now we have some of the not part of the Federal Government. questions at that time. facts regarding EPA’s enforcement The truth is, the PIRG report relied on Also, going back to the number of record under President Bush: incomplete data to reach the findings days it took between the nomination

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.058 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13329 and actually becoming the Adminis- tressed that the questions I asked him ‘‘toxic summer.’’ Senator JEFFORDS trator, for William Reilly it was just 13 were simply papered over or, in some and I held a press conference. Senator days; for Carol Browner, just 11 days; cases—six cases—there was no answer LAUTENBERG was there. We documented and for Governor Whitman, it was 13 at all. I will explain in a moment. what has happened just this summer. days. Now, this has taken 55 days. And I am going to divert for a sentence or Let me give you a quick reason why we when Senator LAUTENBERG, a few min- two to again express my concern about need a real environmental leader at the utes ago, said he has not had time to the fires burning out of control in my EPA. look at it, my gosh, if he did not need State. I send my prayers to the people ‘‘Toxic-site cleanups slowing, report any more than 10 or 13 days for the oth- of my State and thank the President says,’’ Sacramento Bee. ers, what is wrong with having 55 days? for declaring it a disaster area. This Spending on the cleanup of hazardous It is certainly more than enough time. was absolutely necessary because we waste sites is slowing under the Bush admin- We desperately need to have this man need help from all over the country. istration, and that could delay the cleanup in this office. For weeks we have heard These fires are far from out, and the of three dozen sites in California, including nothing about Mike Leavitt and every- winds are unpredictable. several around Sacramento. . . . U.S. is Seeking to Limit States’ Influence thing about President Bush, and yet I Our 7,000 firefighters, the heroes of the day again, are out of breath and on Offshore Decisions; California Officials would like to suggest to you that Denounce the Proposed Revisions as an Ef- President Bush’s record and accom- need relief. We cannot stand back and fort to Bypass Court Rulings. . . . say the winds will dictate what hap- plishments are second to none. Whatever happened to States’ rights? Let me quote Greg Easterbrook from pens. We have to save lives and homes. I will be going to the State as soon as I thought this administration liked to an op-ed in the Los Angeles Times. He help States. They are rolling over the is the senior editor of the very liberal I can, when it is appropriate, and offer all the help we can. States, if the States want to do more New Republic. He doesn’t say many cleanup, if the States want to protect good things about Republicans. He is a My colleagues have been so kind and so good in asking questions. Right now their coasts. Democrat. He is very sympathetic to EPA’s 9/11 Air Ratings Distorted. . . . their causes. He says most of the we have lost 14 people, 1,518 homes; We all know Senator CLINTON did a charges made against the White House 501,000 acres are burning, four times masterful job of holding up this nomi- are ‘‘baloney,’’ made for ‘‘purposes of the size of Chicago. It is a travesty. Getting back to the issue at hand, I nation until she got some promises partisan political bashing and fund- do not think it is terribly comforting from the administration that she could raising.’’ He also contends that ‘‘envi- to the American people to hear that see exactly what went on behind the ronmental lobbies raise money better the questions I asked were not an- scenes and how ‘‘in the days after the in an atmosphere of panic and so they swered—many of them—because they terrorist attack, White House officials are exaggerating the case against know we have had many rollbacks. As persuaded the EPA to minimize its as- Bush.’’ In his view, President Bush’s Senator LAUTENBERG so eloquently sessment of the dangers posed by air- new rules for diesel engines and diesel said, I have a little scroll I could bring borne dust and debris from the sky- fuel ‘‘should lead to the biggest pollu- to the Chamber, if I were allowed—I scrapers’ collapse.’’ Withholding infor- tion reduction since the 1991 Clean Air think the rules do not allow for that— mation is sick. There is something ter- Act amendment.’’ and I could let out the scroll all the ribly wrong with this administration. Last night I went over all of the ac- way past where the Presiding Officer is complishments of the Bush administra- Bush Eases Clean Air Act for Industries. sitting. It would list, in fairly large In one of the broadest changes to air-pollu- tion. The fact that the Clear Skies leg- type, 300 environmental rollbacks. tion regulations since the Clean Air Act was islation is coming up and is going to be I was stunned to hear a Senator on first approved in 1970, the Bush administra- the largest mandated reduction in pol- the radio today say that this adminis- tion . . . eased smog rules affecting more lutants of any President in history, a tration has the greatest environmental than 500 older power plants and some 20,000 70-percent reduction in sulfur dioxide record of any President. I can’t even aging factories. . . . and nitrogen oxide and mercury. On respond to that except with the truth. This is the issue Senator JEFFORDS cleaner fuels and engines, there is the The truth is, we have documented 300 has championed. diesel rule. I am prepared to talk about rollbacks. This is another one from the Los An- these. One of my leaders on this issue, in geles Times, just this summer. This At this point I yield to the minority addition to Senator LAUTENBERG, is isn’t all the 300. This is just this sum- side for any comments they want to Senator JEFFORDS. He has been fight- mer. make because, quite frankly, I want to ing for clean air harder and longer and EPA Won’t Regulate ‘‘Greenhouse Gases’’; be in a position to respond. I appreciate with more focus than anyone I know. Environmental Groups’ Bid for the Agency Senator JEFFORDS allowing the senior He could tell you chapter and verse to Cut New-Vehicle Emissions is Denied. Senator from Utah to have the last 10 why we are losing the battle to clean California May Sue, Saying the Decision minutes of our time. We will wait for up our air. Every time the administra- Threatens State Efforts. other Members to arrive. tion calls something ‘‘Clear Skies, Later on this week we will vote on I yield the floor. beautiful forests,’’ or ‘‘lovely day,’’ it the McCain-Lieberman bill. The admin- Mr. JEFFORDS. Madam President, I is just the opposite when one cuts istration opposes it. yield the 7 minutes remaining from the through it. It is essentially special in- I ask if I may have 2 more minutes time of the Senator from New Jersey terest legislation that is rolling back from my friend. to the Senator from California. the progress we have made. Mr. JEFFORDS. I yield the Senator The PRESIDING OFFICER. The Sen- If you go to any school in this coun- from California 1 additional minute. ator from California. try and ask the children, do you have Mrs. BOXER. The last chart is fright- Mrs. BOXER. Madam President, I ap- asthma, does someone in your family ening. preciate the time. As I understand it, I have asthma, do any of your friends, EPA Eases Rules on PCB-Tainted Prop- am yielded how many minutes? literally almost half the classroom will erties. The PRESIDING OFFICER. Seven raise their hands high. This is not the These are the most polluted, dan- minutes. way it used to be. gerous properties. People were not al- Mrs. BOXER. Madam President, I This is the time when we need strong lowed to sell those properties or trans- rise as a proud member of the Environ- environmental leadership. Governor fer those properties until they had a mental Committee and the chair of the Leavitt is one of the nicest people I plan that EPA signed off on and ap- Democratic environmental team. I will have ever met. We had a couple of proved. be voting no on the Leavitt nomina- great meetings. But he essentially Madam President, we need an EPA tion. The reason is, while I am not pin- rolled over my questions, in many Administrator with guts and strength ning all the terrible decisions of this cases not even answering them at all, and the ability to stand up and say he administration regarding the environ- just as if I hadn’t asked anything. is going to fight for the environment. ment on Mr. Leavitt—clearly, he was Let me tell you about what happened The fact that he did not answer a num- not there for those—I was very dis- this summer. I call this past summer ber of my questions tells me that I am

VerDate jul 14 2003 23:50 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.007 S28PT1 S13330 CONGRESSIONAL RECORD — SENATE October 28, 2003 afraid that, in the room when they are Leavitt, whom I have never talked to ronmental area, it is important that debating these issues, Mike Leavitt since I talked to him on the telephone we have a good leader. will be a full team player with the many decades ago, speaks volumes Governor Leavitt is a good leader. He Bush administration and not a team about the kind of man that Mike is a Governor, as I was formerly, and I player for the health of the American Leavitt must be because of his father. know that he has brought leadership people. I am sorry that Governor Leavitt has and management skills and a State I yield the floor. accepted this job. I am going to do ev- perspective. He was very successful in The PRESIDING OFFICER. Who erything I can, and I hope it works out. Utah, and he will bring success, as the yields time? Governor Whitman was a total dis- Nation’s longest serving Governor, to Mr. JEFFORDS. I yield time to the appointment to me. She had a much the EPA. I believe he stands for envi- Senator from Nevada. stronger environmental record than ronmental principles that we des- Mr. REID. Madam President, what I does Mike Leavitt when she was Gov- perately need: collaboration, not polar- want the American people to under- ernor of New Jersey. ization; national standards and neigh- stand is that this administration’s en- With all the bad things that this ad- borhood solutions; rewarding results, vironmental policies are awful, start- ministration has done on the environ- not programs; science for facts, process ing with arsenic, the Arctic National ment, it is important to note that at for priorities; markets before man- Wildlife Refuge, clean air, and what least in this instance they chose a man dates. All of these things are necessary they have not done with Superfund. We who has character. I hope that char- to move forward in improving our envi- can go through a litany of bad deci- acter will come through in the environ- ronment. sions. We are going to have a bipar- mental policy of this country and over- Governor Leavitt has a record of en- tisan bill brought up this week dealing ride the bad policies of this administra- vironmental achievement to match his with global warming. The most glaring tion. environmental vision. As my col- issue is this administration doesn’t be- The PRESIDING OFFICER. Who leagues from Utah will describe short- lieve global warming is taking place. yields time? ly, because of him the air in Utah and So when Mike Leavitt called me and Mr. INHOFE. Madam President, how the West is cleaner and clearer. Visi- said he had been asked by the Presi- much time remains on both sides? bility over the Grand Canyon has im- dent to be the EPA Administrator, I The PRESIDING OFFICER. There proved because of the Governor’s role said: Mike, why would you want this are 22 minutes on the majority side and with the Western Regional Air Part- job, with what this administration has 5 minutes on the minority side. nership. I know our friends from Utah done on the environment? Mr. INHOFE. Let me take a minute are proud that Utah has among the Na- I said: I like you and I will do every- or two, and then I will yield to Senator tion’s cleanest watersheds. That has thing I can to help you. But you should BOND. First of all, the Senator from improved dramatically during the understand that this administration’s California was talking about the dis- Leavitt administration. Utah’s most environmental policy is the worst this mal record in Superfund of this admin- environmentally sensitive land is bet- country has ever had. istration, and the fact that not enough ter protected because of Governor So I have done what I could to help money has been spent. I want to sug- Leavitt’s service. Mike Leavitt get through this process. gest that there is no correlation be- Unfortunately, Governor Leavitt is The main thing I wanted to say and tween the money raised when they had entering a job in a city where political why I have such warm feelings about the tax and the money spent on Super- opponents try to use the environment Mike Leavitt goes back many years fund cleanups. to make political gains. We heard ago. I was a sophomore in college. I In 1996, during the Clinton adminis- charges a few minutes ago that he had went there on an athletic scholarship tration, the tax fund was at its highest not answered all the questions. The in- at a junior college in southern Utah level. Yet money spent by the Clinton teresting part is that we went back and called the College of Southern Utah. administration for cleanup was near a looked at similar questions asked of My wife and I decided we were going to 10-year low. previous nominees, particularly Ad- get married between my sophomore To contrast that, in President Bush’s ministrator Brown in the last adminis- and junior years, and that we did. Prior 2004 budget, the money for actual tration. She was not able to answer to doing that, I went to an insurance cleanup is near a 10-year high, while those questions dealing with the inter- agent in Cedar City, UT, by the name the fund is at a low point. In fact, the nal operations of the EPA either. At of Dixie Leavitt. I didn’t know who he 2004 request of the President is $1.38 the time, we understood, and the Re- was. billion, which is higher than 7 of the 8 publicans confirmed her. I said: Mr. Leavitt, the reason I want years of the Clinton administration. So I am delighted that we are moving to buy a health insurance policy is be- I don’t think there is anything to that forward to confirm Governor Leavitt cause my wife may get pregnant and particular argument. because he cannot be expected to know we don’t have the money to pay the I also remind the Senator of this: everything going on inside the EPA. As hospital bill. I want to make sure the When she talked about people praising far as the record of this administration insurance policy covers pregnancy. the President for his environmental under President Bush, environmental So we went away to another school, record, many of these people praising and health benefits from drastically re- several hundred miles away, to Utah the President are not Republicans, duced levels of NOX and SOX and mer- State University. A couple years later, they are not pundits. These are Demo- cury pollution in the President’s Clear she became pregnant. Well, we were crats and liberals, who are giving him Skies proposal are being held hostage going through the process of con- credit, such as Gregg Easterbrook, sen- by those who want to use global warm- tacting doctors, and she has the baby ior editor of the liberal New Republic ing as a political issue against the and the insurance policy does not cover magazine, as I have mentioned. President. maternity. So I call Dixie Leavitt long At this time, I yield 5 minutes to the Environmental benefits, improved distance, which I could not afford, to Senator from Missouri. energy security, and more efficient and Cedar City, UT. The PRESIDING OFFICER. The Sen- reliable electricity protection in New I said: Mr. Leavitt, I don’t know if ator from Missouri is recognized. Source Review improvements are being you remember, but I bought an insur- Mr. BOND. Madam President, I ap- attacked and blocked by the Presi- ance policy from you. The only reason preciate the opportunity to speak on dent’s political opponents. I bought it was for maternity, and it behalf of Governor Leavitt. I think the Even my own modest incremental doesn’t cover that. President has made an excellent choice suggestions for improved environ- Without him saying he didn’t remem- in nominating this Governor, who has mental collaboration in the transpor- ber or anything else, he said: Send me a great record. I think the environment tation bill were leaked to the press, the bills. He personally paid those bills. and the Environmental Protection mischaracterized by the very environ- Now, I have to think some of that Agency will be well served by his nomi- mental stakeholders, some of whom we goodness rubbed off on his son, Michael nation. At a time when there are many worked with to formulate those im- Leavitt. I think the story about Dixie pressing issues facing us in the envi- provements.

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.011 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13331 Fortunately, President Bush is main- As Senators may know, the General coming a historic Administrator of the taining a strong commitment to the Accounting Office released a report EPA. environment and the Environmental last week which looked into the effect I would like to yield myself 51⁄2 min- Protection Agency. In the face of fund- that the administration’s proposed utes so that I can ensure the senior ing a war on terrorism, growing defi- NSR changes would have on pending Senator from Utah has the final 10 cits, and, yes, even tax cuts, President enforcement actions. That report minutes. Bush has requested more money for strongly suggests that administration The PRESIDING OFFICER. The Sen- EPA. President Bush’s $7.6 billion re- political appointees were well aware ator has that right. quest for the EPA is $300 million more that the proposed changes would nega- Mr. INHOFE. Let me just mention a than President Clinton requested for tively affect swift and environmentally few things. It seems as if we really do the EPA in his last budget. President protective resolution of those enforce- not need to talk about Governor Bush’s $431 million request for EPA en- ment cases. Yet they proceeded with Leavitt. I agree with the praises that forcement is the largest request for the changes anyway. many people have made of him. I be- Federal environmental enforcement In the course of the GAO investiga- lieve that he is probably the best, most funds in our Nation’s history. I just tion, GAO conducted some very inter- qualified nominee we have ever had, hope that my colleague, Senator MI- esting interviews that bear on but let me take this time to mention KULSKI, and I have enough money in Congress’s right of access to agency in- some other things. the budget of VA–HUD to meet those formation. In GAO’s February 12, 2003, I already talked about the record, goals. It is questionable at this point. interview with Bob Fabricant, then- about the Clear Skies legislation man- But we certainly want to achieve the EPA general counsel, the interview dating a 70-percent reduction in sulfur President’s funding. notes say, ‘‘Mr. Fabricant mentioned dioxide, nitrogen oxides, and mercury. Just last week in the Environment that they were in the process of put- No President in history has ever man- and Public Works Committee, we were ting together a confidentially agree- dated that. I look forward to getting to able to pick up the broken transpor- ment [to provide access to sensitive the Clear Skies legislation. tation pieces and fashion a bipartisan NSR documents] with the SEPW staff As to cleaner fuels and engines, the agreement on environmental provi- last year but they never completed the diesel rule has been applauded all sions relating to NEPA and the Clean agreement.’’ When asked by GAO why around for the amount of reduction it Air Act. I think this spirit of coopera- the agreement was not completed, will bring. The rule requiring new tion can serve this body and our Na- ‘‘. . . Mr. Fabricant and Mr. Valeri heavy-duty trucks and buses to run tion’s highway needs well, and maybe laughed and responded that the agree- cleaner will cut harmful pollutants by we can even flow that cooperation into ment was not completed because of the 95 percent. That is a huge amount. the Leavitt nomination. results of the mid-term elections.’’ The Also, in terms of enforcement, I I urge my colleagues to follow this GAO interview asked, ‘‘. . . why the re- talked about these in more detail last new bipartisanship and move forward sults of the election should affect GAO night, but the President has done more and support the nomination of Gov- in terms of settlements. Just in this ernor Leavitt without delay. and Congress’s ability to conduct over- sight. Mr. Fabricant did not respond di- short period of time he has been Presi- I yield the floor. dent we have had settlements with Vir- Mr. JEFFORDS. Madam President, I rectly to this question but did say that ginia Electric Power, and they are rise to support the nomination of Gov- his understanding is that GAO’s access going to spend $1.2 billion to reduce ernor Leavitt to be Administrator of to agency documents is governed by pollutants. The Archer Daniel Midland the Environmental Protection Agency. the position of the Congressional re- settlement has taken place under this I have worked with him in the past on questor.’’ education issues and found him to be This new assertion by the agency will administration. It is going to total $335 insightful and, most importantly, coop- come as a very large surprise to Sen- million that will go toward cleaning up erative. That is what I seek from this ators on both sides of the aisles, both the environment; Alcoa, $2.5 million to administration—cooperation. My sup- ranking and chair, particularly for fund environmental projects; Lion Oil port for Governor Leavitt brings with those whose information requests were Company will spend $2.5 million to in- it the renewed call for cooperation made while they were chairmen, as I stall state-of-the-art pollution control from this administration on out- was, and are still unsatisfied. It ap- technologies throughout its refinery; standing information requests that I pears that the Agency and the adminis- and the settlement with Toyota, the have on important environmental tration have adopted a posture, which same thing, $34 million. These are all issues impacting the health of our citi- is not defensible by any statute or settlements in the Bush administra- zens and our environment. I will con- precedent, that they will just wait for tion. They were not settled during the tinue to pursue these requests with House of Congress to change parties Clinton administration. So he has that Governor Leavitt when he becomes Ad- and ignore requests for information record, and it is a record that is better ministrator of the EPA. that is their duty and responsibility to than any previous administration. This vote should not be seen as an provide in a timely fashion. I would In terms of his budget proposal, I endorsement of the Bush administra- hope that my colleagues would see the think the Senator from Missouri cov- tion’s environmental policy but a vote peril in any administration imple- ered that very well. In cleaner water, in support of a fine and honorable man menting such a cavalier attitude to- we have legislation right now in the who has an extremely difficult job ward the Nation’s elected representa- committee that I chair, and with the ahead. I look forward to working with tives. cooperation of Senator JEFFORDS, we him to improve the environmental pro- The administration has shown an ac- have now passed out a nuclear security tection that our country deserves. tive disrespect for the legislative bill, waste water security bill, and a Madam President, it has surprised branch of government which is most chemical security bill. Hopefully, they me to hear some Senators use the word disturbing. This pattern is becoming will be taken up and passed before obstruction in the context of Governor abundantly clear, whether it is vital long. Leavitt’s nomination to be the new Ad- environmental and public health infor- As far as this administration, on ministrator of the EPA. It was a sur- mation or important intelligence and brownfields, nobody has been able to prise because that is exactly what this national security data. This is not a hold a candle to what President Bush administration has been doing—ob- healthy situation for reasoned public and his administration have done in structing Congress and our legitimate policy debates or a well-functioning de- brownfields. I am very sensitive to this requests for information. Much of the mocracy. because I had an amendment on the obstruction has been related to the un- Madam President, I yield the floor. brownfields bill that would include pe- fortunate and probably illegal activi- Mr. INHOFE. Madam President, first troleum sites, some 200,000 petroleum ties of the administration on New let me say to my friend from Vermont sites, and that has been used as an ex- Source Review and on other important that is an excellent statement, and I ample for the greatest single area of air quality matters such as multi-pol- share his view on the qualifications of accomplishment, in terms of cleaning lutant legislation. our nominee. I look forward to his be- up these sites. We are talking about

VerDate jul 14 2003 23:50 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.013 S28PT1 S13332 CONGRESSIONAL RECORD — SENATE October 28, 2003 brownfields as opposed to Superfund both a national and State level. I look I urge the next Administrator of EPA sites. The legislation will significantly forward to working with Governor to work closely with California on increase the pace of brownfields clean- Leavitt if confirmed as Administrator water quality. Here are some impor- ups. President Bush’s 2004 budget pro- of the EPA, and I am certain that to- tant steps EPA could take: posal provides $210 million, more than gether we will be able to find innova- The CALFED plan proposes to take twice the level of funding prior to the tive and efficient solutions to the envi- action on wastewater treatment, bro- passage of this legislation. So I would ronmental problems confronting Cali- mide reduction at municipal water in- just say that I join with the U.S. Con- fornia. takes and new efforts to stem contami- ference of Mayors and the Trust for I would like to discuss a few of the nants from abandoned mines. Public Land in applauding the Presi- issues. These actions will be spliced with dent for the accomplishments he has First, I would like to begin by asking source water protection, new health ef- made in brownfields, certainly much Governor Leavitt to take a definitive fects research on Delta water, as well better than any other administration. stance in the battle against climate as comprehensive monitoring and as- Then lastly, I would just say that the change. There is strong evidence that sessment of Delta drinking water qual- President has actually done not just most of the global warming that has ity. Finally, to assure progress, public good enforcement but smart enforce- occurred during the past 50 years is at- and peer review processes will monitor ment. Over the last two fiscal years, tributable to human activities. compliance with drinking water stand- the EPA and the Department of Justice Shamefully, the White House under the Bush administration has chosen to ards, and measure performance against enforcement has obtained $8 billion in consumer water rates. environmental remediation. This is the disregard this worldwide problem by thwarting efforts to regulate green- If EPA partners with California on best consecutive 2 years of enforcement this program, the benefits could in- of any prior administration on record. house gas emissions. And given the overwhelming evi- clude better tasting water at lower I repeat that. In his enforcement, costs, a longer life for Californians’ this is the best consecutive 2 years of dence of U.S. culpability regarding greenhouse gas emissions, EPA needs plumbing and consumer appliances, enforcement of any prior administra- and more reliability from recycling tion on record—the Clinton adminis- to take a strong stance regarding the enactment of stringent rules and regu- and groundwater storage programs. tration and the previous Bush adminis- A decade ago, there were efforts to tration. In fiscal year 2002 the EPA lations. deregulate a portion of the radioactive compliance assistance centers provided The United States must catch up to the rest of the modern world in the waste stream and allow these wastes to environmental technical assistance to be either recycled into consumer prod- more than 673,000 businesses and indi- battle against climate change. Voluntary programs are not suffi- ucts or disposed of in local municipal viduals to help them comply with envi- cient. They barely work—and certainly landfills. ronmental laws. I think that is con- This effort created such a firestorm not to the extent necessary to reduce sistent with the fundamental belief of of public concern that the Congress emissions. this President that he does not want to We must work to reduce overall prohibited it in the 1992 Energy Policy just go out and punish people. He does greenhouse gas emissions as opposed to Act. not want to use that for the mark or Since that time, there has been no ef- merely reducing emissions intensity in fort to try again to deregulate radio- the indicator as to what kind of jobs the manner proposed by the White have been done. He wants to help peo- active waste—until now. House. Recently, the EPA has announced ple, help people get sites cleaned up. Even if we achieve the administra- Comments have been made about the that in the next few weeks it intends to tion’s goals of reducing emissions in- issue an Advanced Notice of Proposed Superfund by the previous speakers. I tensity by 18 percent, the actual would only say that the amount of Rulemaking to consider deregulating amount of emissions will still likely the manner of disposal of radioactive money that has been appropriated for increase. cleanup of Superfund sites is higher wastes. The recent revisions to the Clean Air This action would allow radioactive than any other administration that Act’s New Source Review rules are one wastes to be sent to landfills that were this President actually has for the 2004 example of the Bush administration’s neither designed nor licensed to handle budget. I appreciate that. disregard for air quality control. These such wastes. Mrs. FEINSTEIN. Mr. President, I revisions allow aging and inefficient Radioactively contaminated mate- rise to address the nomination of Gov- power plants whose permits are up for rials could also be recycled into con- ernor Michael Leavitt to be Adminis- renewal to continue operating in the sumer products, where they could end trator of the U.S. Environmental Pro- exact same manner—environmentally up in everything from children’s braces tection Agency, and to speak more gen- speaking—that they did decades ago. to spoons and automobiles. erally on my concerns regarding the For example, a coal power plant can These are not theoretical risks. The impact of EPA policies on environ- conduct major repairs and parts re- Los Angeles Times has reported that mental issues in California. placement, without updating the pollu- the Santa Susana Field Laboratory in I have many concerns about the Bush tion control equipment. Ventura County, CA shipped hundreds administration’s commitment to ad- It has been years since the problem of tons of radioactively contaminated vancing strong environmental policy. associated with clean air and power- metals from decommissioned old reac- However, because I believe that it is plants became apparent to everyone, tors to a metal recycler in San Pedro. important for a President to be able to and yet the current administration has That radioactively contaminated select his own Cabinet, I do not oppose pushed through regulations that will metal was then melted down and the President’s nomination of Gov- let the pollution continue unabated. shipped out into the consumer metal ernor Leavitt to be Administrator of I look forward to the upcoming Sen- supply. the Environmental Protection Agency. ate debate and vote on the McCain- It is my understanding that these Ad- It is only in exceptional cases that I Lieberman climate change bill this vanced Notices of Proposed Rule- believe the Senate in its role of advice week. In anticipation of this vote, I en- making—designed to once again try and consent should reject a nominee. courage the Agency to take a firm the controversial deregulation of radio- Governor Leavitt will be assuming stance on climate change. active waste—are being held until after leadership of the EPA at a critical I want to turn now to address a very the confirmation of the EPA Adminis- time. The Agency stands at a cross- important issue for California voters: trator has been addressed. roads in its mission. I strongly believe the joint State-Federal CALFED pro- It is my hope that Governor Leavitt, that the administration’s environ- gram designed to improve California’s if confirmed as the new Administrator, mental policies thus far have moved water supply, fishery resources and will take a hard look at this issue and the EPA in the wrong direction. It will water quality. block this misguided proposal. I know I require strong leadership from Gov- I have been extremely disappointed will be keeping a close eye on the mat- ernor Leavitt to steer EPA back onto a to date at EPA’s lack of involvement ter. progressive course. in CALFED. EPA can and should take I would like to now move on to an Many environmental issues must be a role in CALFED’s water quality pro- issue of paramount importance to Cali- addressed in the coming 2 years on gram. fornia.

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.015 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13333 The degraded air quality in Cali- MTBE. These oxygenates are not nec- Six years is an unconscionable delay fornia has reached a crisis point. It is essary to achieve cleaner air. It is im- given that we are discussing pollution imperative that EPA addresses the var- perative to examine the role of in- of our drinking water supply. ious factors contributing to air pollu- creased ethanol use on current higher EPA should take conduct site-spe- tion in California with immediate reg- smog levels. cific assessments to evaluate the level ulatory efforts. Winston Hickox, Secretary of the of perchlorate contamination, and A bit of statistical background is California Environmental Protection when appropriate, provide replacement necessary to understand the breadth of Agency, concluded that: water for the communities suffering the air quality problems. . . . our current best estimate is that the in- from contaminated water. California has the worst air quality crease in the use of ethanol-blended gasoline in the Nation. For example, Los Ange- has likely resulted in about a one percent in- This is a matter of utmost urgency les is the only area in the country that crease in emissions of volatile organic gases for California because human health is has ‘‘extreme non-attainment’’ for air (VOC) in the SCAQMD [South Coast Air at stake. I strongly believe the EPA pollution standards. Quality Management District] in the sum- must both accelerate and strengthen Two thousand three has been the mer of 2003. Given the very poor air quality its response to this problem. in the region and the great difficulty of worst year for smog in southern Cali- reaching the current federal ozone standard I also want to draw the EPA Admin- fornia since 1997. The Los Angeles by the required attainment date of 2010, an istrator’s attention to the status of the basin has experienced unsafe levels of increase of this magnitude is of great con- New River, which flows along the bor- ozone approximately every other day cern. Clearly, these emission increases have der between California and Mexico. since the first of May. resulted in higher ozone levels this year than Legislators and regulators from Cali- what would have otherwise occurred, and are The New River has been consistently fornia are working together to address responsible for at least some of the rise in named one of the most polluted rivers the sources of air pollution. ozone levels that have been observed. in the United State by American Riv- I am fighting to remove language in- I urge the EPA to stop the legal ers. serted into the VA/HUD spending bill wrangling, accept the ruling of the 9th The New River flows North from the that would prohibit California from Circuit Court of Appeals, and issue the Mexicali Valley into California’s Impe- limiting the amount of pollution that waiver to improve California air qual- rial Valley, carrying with it vast quan- can be released from small engines, ity. tities of urban runoff, such as raw sew- those that are less than 175 horsepower, I now want to discuss my concerns age, industrial and municipal wastes, such as lawnmowers and small trac- surrounding two specific water con- such as pollution from factories, and tors. tamination issues in California: agricultural runoff, including pes- The California Air Resource Board groundwater contamination by per- ticides. recently approved landmark regula- chlorate, and the deplorable state of Here is one startling statistic: Every tions—which were written with signifi- the New River that flows along the bor- day, the river pumps between 20 to 25 cant input from the small engine in- der between California and Mexico. million gallons of raw sewage into dustry—that would set strict pollution Perchlorate is both a naturally oc- California. standards on engines of 25 horsepower curring and man-made chemical that is or less, but these regulations would ef- used as the primary ingredient of solid This is such a massive amount of fectively be preempted if the language rocket fuel propellant. Widespread per- horrific pollution flowing into Cali- in the VA/HUD bill is signed into law. chlorate contamination was found in fornia every day that we desperately These small engines release a dis- California drinking water in 1997, most need the help of EPA and the Federal proportionately large amount of pollu- of it from the manufacture and im- Government to develop a solution to tion based on their size. In California proper disposal of the chemical. this problem. alone, these engines emit the pollution According to the EPA, perchlorate The EPA has worked in Mexico to equivalent of 18.3 million cars. Appro- poses a serious health risk to human build two sewage treatment plants; priate regulations could cut the emis- health because it interferes with the however, I urge the agency to focus ef- sions from small engines in half. proper function of the thyroid and can forts on clean-up strategies in Cali- The EPA must take another look at potentially cause tumors. fornia. regulating the obscene amount of pol- I urge Governor Leavitt, if confirmed In Utah, Governor Leavitt dem- lution that comes from small engines as Administrator of the Environmental onstrated his commitment to clean such as lawnmowers and leaf blowers. Protection Agency, to both hasten and water when he supported the Colorado It is my sincere hope that upon con- increase EPA’s efforts to identify and River Basin Salinity Control Act. This firmation, Governor Leavitt will direct hold accountable those entities that legislation helped reduce salt and agri- the EPA to examine this issue further. have contaminated California’s cultural drainage, and has had bene- The EPA can also help improve Cali- groundwater. ficial ramifications in California as fornia’s air quality by granting Cali- To date, perchlorate has been de- well. fornia a waiver to the Federal mandate tected in more than 300 groundwater requiring States to add oxygenates wells operated by 80 different agencies I applaud Governor Leavitt’s efforts such as ethanol to its gasoline. throughout California. in this arena, and I would very much Ethanol is a highly volatile sub- Collectively, these agencies serve 24.8 like to see his Clean Water Initiatives stance. According to the California De- million people. expanded to include other imperilled partment of Environmental Quality, In the Inland Empire, a 7-mile plume rivers such as the New River in Cali- ethanol actually appears to have re- has contaminated 22 drinking water fornia. sulted in an increase in the amount of wells, jeopardizing water supplies for I must also voice my concern about volatile organic gases that are released approximately 500,000 residents. the status of the Superfund Trust into the atmosphere. These gases are The next EPA Administrator must Fund. In 1980, citizen concern and out- implicated in increase levels of smog direct the Agency to use its powers rage over highly toxic sites led to the and ozone in our air. under Superfund law to compel the creation of the EPA Superfund pro- Ethanol use has increased tremen- companies responsible for this con- gram to locate, investigate, and then dously in California. In fact, 70 percent tamination to participate in its clean- clean the most hazardous sites nation- of the gasoline used in southern Cali- up. wide. fornia and 57 percent of that in north- On a broader scale, the next EPA Ad- Superfund has not been renewed ern California is now blended with eth- ministrator must direct the Agency to since it expired in 1995, leaving dwin- anol. set a federal drinking water standard In fact, the conference committee on for perchlorate as soon as possible, dling Federal dollars to clean-up con- the energy bill is debating an ethanol both to clarify clean-up standards and taminated sites. mandate that would almost triple the to provide oversight for the cleanup ef- This is a big shift from the Clinton amount of ethanol used in the Nation’s forts. administration, when taxes on chem- gas supply. There have been recent suggestions ical and petroleum products provided California, however, can meet clean that it will take another 6 years before up to $3.7 billion to clean up toxic air standards without ethanol or the EPA can issue a clean-up standard. waste sites.

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.073 S28PT1 S13334 CONGRESSIONAL RECORD — SENATE October 28, 2003 As a result, the EPA is cleaning up 31 The Homeland Security Agency, with record of supporting a number of percent fewer Superfund sites, and tak- input from a number of other agencies projects that were environmentally ing in 64 percent less in fines per including EPA, has been attempting to questionable, such as the Legacy High- month than it did during its peak. develop cleanup standards to remediate way Project in Davis County, UT. It is There are 96 sites in California that the radioactive contamination that my understanding that this highway are currently on the Superfund na- could result from such an event. project as originally conceived would tional priorities list, the second high- Some agencies have pushed for clean- harm a significant migratory bird habi- est number in the Nation behind New up standards far more lax than EPA tat. Jersey. historically has viewed as protective of But in the end, I decided that Gov- Approximately 40 percent of Califor- human health and the environment. ernor Leavitt has the background and nians live within four miles of a con- Given the concern many in this qualifications necessary to do this job. taminated Superfund site. Chamber have about EPA’s public pro- As a governor who has a distinguished One site in particular, the Santa nouncements regarding health risks background not only leading his own Susana Field Laboratory in Ventura from the World Trade Center tragedy, I State, but also the National Governors County owned by Rocketdyne, has been will be looking to the EPA Adminis- Association and the Western Governors at the center of years of controversy trator to stand firm in insisting that Association, he will bring an experi- regarding clean-up standards and fund- any cleanup standards established for enced hand to the leadership of the ing. the aftermath of a ‘‘dirty bomb’’ ter- agency. Further, as the Vice-Chair of A partial meltdown occurred there in rorist event be fully protective of the National Governors Association, he 1959, and over the years other accidents human health and the environment. pushed through a bipartisan policy sup- and spills resulted in widespread chem- These standards should be no less porting working out environmental ical and radioactive contamination, protective than EPA’s existing stand- issues through a collaborative process. which the federal government has been ards for cleaning up radioactive con- In the area of agriculture, the Ad- attempting to clean up. tamination from non-terrorist causes ministration has delayed the imple- EPA has played a key role in over- such as spills and accidents. mentation of the Conservation Secu- seeing the cleanup. I support the nomination of Governor rity Program, a fresh farmer-friendly I have been repeatedly promised by Mike Leavitt, and look forward to approach to farm policy that uses in- EPA that EPA would maintain that working with him and the Environ- centives to help farmers do what’s best role, that it would ensure that con- mental Protection Agency. for their land and for the air and water tamination at the facility will be reme- they and their neighbors breathe and diated to EPA’s CERCLA, i.e., Super- Mr. HARKIN. Mr. President, I will vote to confirm Michael Leavitt to be drink. This bipartisan, bicameral pro- fund, standards, and that EPA will con- gram was a key part of the 6 year farm duct a thorough radiation survey of the Administrator of the Environmental Protection Agency, but I want to em- bill passed last year. Yet, it is still not site to those CERCLA, standards to implemented. find the remaining contamination that phasize that I am hoping that Governor Leavitt will bring change to the sorry We’ve also seen a serious pullback needs to be cleaned up. from the Clean Water Act. In the face record that this administration has Recently, there have been indications of the SWANCC decision limiting fed- that the administration may be pulling had on the environment. I am concerned by the direction that eral jurisdiction on certain isolated back from those commitments. DOE wetlands, the EPA has released an Ad- has said it doesn’t want the promised our Nation’s environmental policy is headed. We need an active Environ- vance Notice of Proposed Rulemaking EPA survey to go forward and that it and policy guidance that pulls back wishes to remove only 5500 cubic me- mental Protection Agency, working to protect the health of our people. This even further. The intent of Congress ters of radioactively contaminated soil for the CWA is clear—to protect the administration has been active, all This plan would leave behind 400,000 waters of the United States, and to right—actively rolling back the envi- cubic meters of soil DOE concedes are reach all waters within Federal con- ronmental progress our country has contaminated above EPA’s primary stitutional jurisdiction. cleanup goal, and then release the site made, actively working to narrow the The court’s decision in SWANCC has for unrestricted residential use. reach of Federal environmental policy, removed jurisdiction from intrastate, Children could end up playing atop actively working to promote oil drill- non-navigable waters where jurisdic- the strontium-90 and cesium-137 from a ing in environmentally sensitive areas tion was based solely on the so-called past reactor meltdown if EPA does not and actively cutting funding for con- ‘‘migratory bird rule.’’ The con- stand firm and stick to the commit- servation and anti-pollution enforce- templated changes to the rules pull ments it has made to me. ment efforts. back much further and would relin- I take the longstanding promises by Under this administration, we’ve quish jurisdiction that the Federal EPA seriously, and will be closely seen cuts in funding for the EPA. We’ve Government clearly has and needs to watching to see that a new Adminis- seen an increased focus on cutting protect waters of the United States. trator lives up to them. Governor sweetheart deals with polluters. And One of Governor Leavitt’s achieve- Leavitt has set an encouragingly pro- we’ve seen a failure to move forward on ments at the National Governors gressive precedent in his interactions new, innovative programs that will Assocation was the adoption of a set of with the Department of Energy, par- help our environment. While environ- environmental principles he calls ticularly during his work to remove mental regulation requires action and ‘‘enlibra.’’ The term means ‘‘balance,’’ uranium mine tailings from the Colo- distributes responsibility among Fed- and refers to a process of bringing in rado River at Moab, Utah. Now we ask eral, State and local authorities, Gov- all the stakeholders in environmental the Governor, in his role as Adminis- ernor Leavitt needs to recognize that issues together to try to work issues trator of EPA, to continue that protec- the Federal EPA is the backstop. The out. I hope that, as EPA Adminis- tive stance. environmental buck will stop on Gov- trator, Governor Leavitt will truly I applaud Governor Leavitt in his ernor Leavitt’s desk. If a State is not strive for balance—because, unfortu- past efforts to ensure that the Depart- acting responsibly and protecting the nately, there has been very little bal- ment of Energy behaves in an environ- health and safety of its citizens, Gov- ance in the environmental policies of mentally responsible manner, and I ernor Leavitt must step in. I hope that the administration he is joining. urge the Governor to martial all avail- Governor Leavitt will fight for the en- Mr. VOINOVICH. Mr. President, I able resources to continue cleaning vironment, rather than fighting for the rise today in support of the nomination Superfund sites. priorities of the White House. of Gov. Michael Leavitt to serve as Ad- Among the most serious issues we I have concerns with this nominee. A ministrator of the Environmental Pro- face as a country is the risk of ter- number of environmental watchdog tection Agency. rorism, and among the most worrisome groups have expressed their disappoint- As my colleagues here in the Senate of those threats is that a radiological ment about Governor Leavitt’s record know, I have more than a passing in- dispersal device—a so-called ‘‘dirty on environmental protection during his terest in the people who run our Gov- bomb’’—could be detonated. tenure as Governor of Utah. He has a ernment. Many of our problems have

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.075 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13335 been caused because we do not have the critical land in perpetuity, protecting plementation of the EPA’s 2006 arsenic right people with the right knowledge critical wildlife, watershed and histor- drinking water standard which lowers and skills in the right place at the ical and agricultural assets in the the maximum allowable parts per bil- right time. The process is even more State. Governor Leavitt helped found lion of arsenic from 50 to 10. Arsenic is difficult when trying to find people to Envision Utah, the Nation’s largest a naturally occurring element in my nominate for controversial appoint- voluntary quality growth partnership. home State of New Mexico and in the ments like Federal judgeships or high- It was formed to create a vision and State of Utah. Compliance with this profile Cabinet officers. implement strategies to protect Utah’s regulation comes at a great cost to Well, I would like to say that Presi- environment for future generations. small communities, those that least dent Bush got it right. Mike Leavitt is I cannot think of anyone who is bet- have the resources to achieve imple- clearly one of the best people we could ter suited to lead the EPA. Governor mentation. The estimated national ever get to run the EPA. Leavitt has continuously demonstrated cost of implementing this new EPA I first met Mike while we were both the tremendous interpersonal skills rule is $600 million annually and will Governors and were active together in and management experience necessary require $5 billion in capital outlays. the Republican Governors and National to handle the major challenges that The EPA estimates that roughly 97 Governors Associations. Mike served as the Agency faces during the months percent of the systems expected to ex- NGA vice-chairman, under then-Gov. and years ahead. He cares deeply about ceed the standard are small systems, Tom Carper, NGA chairman, RGA vice- the environment and will pull people those serving fewer than 10,000 people. chairman, while I was chairman, and as together to get things done. These small communities lack the RGA chairman. Mike’s proven ability to facilitate economies of scale present in larger He has established a very strong rep- the creation of positive solutions to communities and are less able to utation as a straight-shooting con- multiple problems and interests is ex- spread out costs. In Governor Leavitt’s sensus builder with the proven ability actly what is needed at the EPA’s top home State for example, the Utah De- to work on a bipartisan basis. On many post. He has established an impressive partment of Environmental Quality es- issues, Mike was willing to take on track record of producing results; one timates that implementing the new tough issues—such as internet taxation that I believe will continue should he standards will require $40 million in and unfunded mandates legislation— be confirmed as Administrator of the capital outlays and predicts that an- and worked with both Republican and Environmental Protection Agency. nual operation and maintenance costs I strongly urge all my colleagues Democratic Governors to form con- will run into the tens of millions of here in the Senate to support Mike’s sensus and move the ball down the dollars. We need an administrator that nomination. field. Mr. DOMENICI. Madam President, I will work with these communities so During his three terms as Governor, rise today to support President Bush’s that implementation of this standard Mike has demonstrated an outstanding nomination of Governor Michael O. can be accomplished as smoothly and ability to efficiently and effectively Leavitt to be the next Administrator of painlessly as possible. manage the State of Utah’s provision There is no doubt that our Nation is the Environmental Protection Agency. of public goods and services. Time after I am proud to have the opportunity to facing an energy crisis. The Energy and time, Governor Leavitt has set an make a statement for the record that Natural Resources Committee, on agenda in Utah, and each time he has expresses my endorsement of this which I serve as chairman, has spent rolled up his sleeves, pulled together qualified nominee. President Bush has many months and many people have broad coalitions, reached consensus, chosen an individual who understands put in long hours developing a com- and gotten results. the importance of a clean and healthy prehensive energy policy that best Under Mike’s watch, Utah has hosted environment and who will ensure that meets our Nation’s energy needs while the most environmentally friendly the regulations promulgated by the safeguarding the environment. I have Olympics ever, reduced crime, de- EPA will be based on sound science, come to the realization that every de- creased reliance on welfare, reduced not speculation and conjecture. All too partment of our Government needs to unemployment, and improved edu- often, these regulations are put into ef- start looking not only at their policies cation funding and performance—all fect not because they will increase but how their policies affect America’s while the State’s sales, income, and health benefits, but because it was the energy future. As we move forward property taxes have been reduced. In politically expedient thing to do. with America’s energy policy, it is crit- fact, During Mike’s tenure as Gov- Governor Leavitt’s record speaks for ical that we have an EPA Adminis- ernor, Utah has been named the best- itself. I think that there is little doubt, trator who understands our country’s managed State five times. No wonder on either side of the aisle that Gov- energy needs and is able to make as- he was recently named ‘‘Public Official ernor Leavitt is extremely qualified to sessments that are both based on em- of the Year’’ by Governing magazine. serve as the next administrator of the pirical proof and will protect our in- Governor Leavitt’s record on the en- EPA. He has thrice been elected as valuable natural resources for future vironment is equally as impressive. Governor of Utah and is currently the generations. We need an Administrator Consider: Utah’s air quality has de- longest serving Governor of any State who will evaluate how our environ- monstrably improved during the in the Nation. Under this watch, Utah mental policies affect the goal of en- Leavitt administration. Utah currently saw a reduction in crime, hosted the ergy self-sufficiency. We need an Ad- meets all Federal air quality stand- 2002 Winter Olympics, and cut taxes. It ministrator that will promote scientif- ards; this was not the case when Gov- comes as no surprise that five times ically valid initiatives when making ernor Leavitt started his service. Visi- during Governor Leavitt’s 11 years as assessments on the impact of regula- bility and air quality in the West have Governor, Utah has been voted the best tions the EPA promulgates. I have no improved because of Governor managed State five times. As Gov- reservation that Governor Leavitt is Leavitt’s co-chairmanship of the West- ernor, he has demonstrated his fitness the man for the job. ern Regional Air Partnership. Utah has to serve as our Nation’s top environ- Accomplishing these national prior- among the Nation’s cleanest water- mental official by solving problems ities will be no easy task. I hope that sheds and water quality has improved through consensus building and co- he has a very successful term because dramatically during the Leavitt ad- operation. Governor Leavitt has dem- if he does, we will be a more secure Na- ministration. Governor Leavitt helped onstrated his ability to bring all af- tion for it. I bid him well. protect 500,000 acres of remarkable land fected parties to the table, roll up his Mr. WYDEN. Madam President, I in national parks, monuments, recre- sleeves and reach a solution. These supported Governor Levitt’s nomina- ation areas and wilderness study areas skills will be of critical importance as tion in the Environment Committee, through value-for-value land exchanges the 2006 arsenic regulations approach but that does not mean that I support with the Federal Government. Utah’s and we work toward domestic energy the Bush administration’s environ- Quality Growth Commission, which security. mental polices. Far from it. Under the Governor Leavitt helped establish, has Of great concern to the people of my Bush administration, the Environ- conserved approximately 35,000 acres of State and the State of Utah is the im- mental Protection Agency has ignored

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.029 S28PT1 S13336 CONGRESSIONAL RECORD — SENATE October 28, 2003 the law and gutted its enforcement. It that kind of good-faith effort by gov- EPA. For all Americans’ sake, I hope has been a 30-month polluters’ holiday. ernment, the government has got to be Governor Leavitt will be successful in I think the record is clear. There is willing to come down with hobnail bringing about this change in EPA’s di- also an enormous gap between the bi- boots on those who are putting at risk rection. I want to give him a chance to partisan approach that Mike Levitt our air and our land and water. Prior succeed, and that is why I am sup- supported in dealing with environ- to the committee vote, Governor porting his nomination today. mental issues while he has served as Leavitt sent me a memo making it Mr. FEINGOLD. Madam President, Governor of Utah, and this administra- clear that he is willing to look at a dif- the Senate’s responsibility to scruti- tion. For example, the bipartisan West- ferent enforcement approach than this nize and confirm Presidential nominees ern Governors’ policy states ‘‘West- administration has used in the past. In is an important one, and never more so erners do not reject the goals and ob- the memo, Governor Leavitt wrote ‘‘in than when we are considering who jectives of federal environmental laws, warranted circumstances I would use should oversee the agency that, as its nor the appropriate role of federal reg- the enforcement power rigorously.’’ By name indicates, is designed to protect ulation and enforcement.’’ Recently, contrast, during the Bush administra- the country’s environment. the EPA Office of Enforcement found tion, enforcement has been essentially The individual charged with this re- that during the past 2 years, only 24 abandoned, and even the EPA’s own in- sponsibility will advise the President percent of the facilities that were in ternal reports indicate that that is the on setting the direction for our na- major noncompliance with respect to case. tional efforts to protect the environ- the Clean Water Act faced enforcement The American people need an admin- ment. This person will have the power actions. So the EPA’s own enforcement istrator who is going to end this pol- to decide whether to nurture and con- office says on major water violations, luters’ holiday and put the Environ- serve, or to develop and destroy our there hasn’t been enforcement. mental Protection Agency back to Nation’s great resources. Throughout Gap number two, the Western Gov- work protecting the environment. I my career, I have committed myself to ernors Association has always stressed think that the Governor’s ideas about a career of environmental stewardship. consultation with all the parties and collaboration are important. They are I have tried to cast votes and offer leg- involving the States. Two examples fresh and creative, and I think that if islation that fully reflect and respond where the administration isn’t doing he is willing to do as he pledged to to the importance and lasting legacy of that are on the question of these closed work with members of Congress on America’s environmental needs. I thus door negotiations with industrial live- both sides of the aisle, that they could take this vote very seriously. stock firms, behind closed doors they revitalize the agency and bring a fresh At the same time, I also have an- are talking about amnesty from the approach to environmental policy. But other tradition to defend and uphold. I Clean Air Act and the Superfund law. it is important for senators to under- have committed myself to playing a Another is the lack of consultation stand that those who talk about col- constructive role with respect to the with the States on the proposed rule to laboration only, without a willingness Senate’s duty to provide advice and limit the scope of the Clean Air Act. to back it up with tough enforcement consent on the President’s nominees Thirty-nine States have objected and policies, could be talking about just for Cabinet or other senior executive said they were not party to that discus- window dressing for business, or really branch positions. I take that role seri- sion. So on the question of consulta- lack of business as usual. ously as well. tion involving States, there is a big gap Over the past several weeks, Gov- As the Administrator of the Environ- between the Western Governors and ernor Leavitt has worked hard to con- mental Protection Agency, Mike this administration. vince me he means business. He has Leavitt would be charged with unique The third big gap can be seen in the reached out and made the extra effort and historic responsibilities, which will Western Governors Association posi- to show he will be no just an advocate be as important as they are far reach- tions on the environment where there for collaboration but also a tough, no- ing. In varying ways, all Americans is a clear commitment to following the nonsense enforcer when he needs to be. will be affected by his decisions. As the law. Certainly that hasn’t been done He has also committed to look at the Nation’s principal environmental agen- with the Bush administration when it situation involving the City of Port- cy, the EPA has responsibility for the comes to the Clean Air Act. I was on land’s sewer overflows during wet protection of air and water resources, the conference committee that wrote weather and whether this is an appro- for the clean up of toxic wastes, and for the law in 1990, and I can tell you there priate case for enforcement, given that the regulation of the quality of our en- was absolutely no question that it was the local community is making vironment. the intent of Congress that power- progress in addressing the situation That is why I am sensitive to the plants, oil refineries and industrial fa- and that local ratepayers have already concerns of some that Governor cilities would be required to install spent more than $500 million toward Leavitt will not live up to this respon- pollution controls. This is a blatant ex- what will eventually be a $1 billion sibility for environmental stewardship ample of the Bush administration’s project. if his nomination is confirmed. I have failure to follow the law. So the Governor, in my view, has been at odds with some of Governor What I am interested in is seeing an made clear that he wants to bring to Leavitt’s environmental management effort to go back to the kinds of poli- EPA a fresh and independent approach decisions, and I am concerned that his cies that the Governors, particularly to these kinds of issues. He has con- background might cloud his judgement those in the West, have sought to try vinced me that he understands that and objectivity on a number of impor- to bring people together on these con- tough no-nonsense enforcement of this tant issues and place him at odds with tentious issues and find common country’s environmental laws is abso- members of the conservation commu- ground. That has not been what the lutely essential when the environ- nity and with this Senator. Environmental Protection Agency has mental collaborative approach does not While I am concerned with Mr. done in Washington, D.C. But that is work. I will be closely watching how Leavitt’s professed unfamiliarity with what is needed. Governor Leavitt follows through on many of the laws that I regard as crit- When Governor Leavitt came before these changes in EPA’s approach to en- ical for the promotion of a balanced en- the Environment and Public Works forcement. vironmental policy, I am somewhat Committee, I was particularly con- It is very obvious to me that there heartened by his comments that he cerned about his willingness to use the needs to be a dramatic set of changes will give this position ‘‘the full meas- enforcement tools of the agency put in place at the Environmental Pro- ure of his heart.’’ I am encouraged by against serious and egregious viola- tection Agency. My vote today is es- this commitment to listen to the views tions of the environmental laws. My sentially a vote because I think the of all stakeholders and all points of sense is that the collaborative model Governor of Utah has the potential to view and make, in his words, environ- that he wishes to pursue is one I sup- do this job right. I am supporting the mental protection a national ‘‘ethic.’’ port. But it is clear, Mr. President and Mike Leavitt who I know can be a I will take Mr. Leavitt at his word— colleagues, that when companies abuse tough, independent administrator of that he will devote his time and energy

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.003 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13337 to the proper enforcement of the EPA’s and intensity of debate over the kind of over Alaska’s wetlands. We have over policies, rather than circumventing or issues that are more often polarizing 174 million acres of land classified as repealing laws which preserve our than they are unifying. wetlands, more than all the other dwindling resources, that he will at- There can be no better recommenda- States combined. Much of it is neither tempt to address the pollution that tion for the individual who is to lead use for navigation nor connected in makes our air unfit to breathe and our the agency charged with stewardship of any substantive way with other water water unsafe to drink, and that he will our country’s environment. bodies, or exists solely because it is protect our land and water resources. I Unfortunately, Governor Leavitt’s underlain by permafrost. intend to hold him to his word. nomination was treated shamefully by We would like to receive active as- I also will act in accordance with a small handful of individuals bent on sistance from the EPA in evaluating what I feel is the proper constitutional using it as an excuse to accuse the cur- the long-term health benefits of our re- role of the Senate when it comes to rent administration of all kinds of en- liance on small, diesel-powered utili- confirming Presidential nominees for vironmental wrongs, to perpetuate out- ties. positions advising the President. I be- moded and ineffectual approaches to We would like to receive recognition lieve that the Senate should allow a environmental issues, and to cater to that uncontrollable temperature inver- President to appoint people to advise the worst kind of unscientific and sions due to our climate are the pri- him who share his philosophy and prin- unsupportable rhetoric—all that Gov- mary reason some of our cities have ciples. My approach to judicial nomi- ernor Leavitt stands against and that difficulty attaining compliance with nations, of course, is different—nomi- this Senate should repudiate for the carbon monoxide rules. nees for lifetime positions in the judi- sake of our nation’s welfare. We would like the agency to work cial branch warrant particularly close My State of Alaska, as many oth- with us on developing a mechanism scrutiny. ers—especially in the west—has often that will more effectively deliver For these reasons, I will support Gov- struggled with environmental restric- grants to Alaska’s many rural Native ernor Leavitt’s nomination today. tions sought by, imposed by, and main- communities. In fact, the list of issues between us However, in doing so, I fully recognize tained by interests with very little ranges from minuscule to mammoth— that I have an ongoing responsibility knowledge of the conditions we live from local issues that should be easily to oversee the institution with stew- with. Nonetheless, we take our envi- resolved to those which require the ardship of our environmental quality ronmental responsibilities very seri- intervention of the Supreme Court. to ensure that it lives up to its duties. ously. I by no means believe that con- The Senate does not, by confirming Mr. We care about our environment, and firming Governor Michael Leavitt will Leavitt, discharge its responsibility to we try very hard to address serious lead to a resolution of them all. What protect our resources and ensure that issues with clarity and common sense. I do believe is that Governor Leavitt our environmental laws are enforced. I All too often, common sense is lacking will offer comprehensive, impartial and feel a responsibility to listen to the when one-size-fits-all solutions are im- thoughtful consideration. That is all I voices of the many Wisconsinites and posed from outside, and based more on ask, and all that my constituents ask. others who are deeply concerned about fanciful gloom-and-doom predictions I strongly support this nomination, this administration’s environmental than on facts. and I am very pleased to see that it is record. I am hopeful that these voices The truth is that we have made moving at this time. I would like to will be heard by Mr. Leavitt and I will mammoth strides in improving our en- think that this marks a triumph for be vigilant in ensuring that Governor vironment, and every day we learn new the American people, who have little Leavitt takes his responsibilities with ways to apply research and technology patience for diversionary rhetoric and the utmost seriousness. toward doing an even better job. divisionary politics. The American peo- Ms. MURKOWSKI. Madam President, This administration is providing a ple want their Congress to simply do I join with those of my colleagues who breath of fresh air—and I mean that its job, to the best of its ability, and are pleased to see that the nomination both literally and figuratively—when it with the welfare of the entire country of Governor Michael Leavitt to be Ad- comes to environmental issues. in mind. ministrator of the Environmental Pro- While improvements can certainly be I will vote to confirm Governor tection Agency will finally be moving forced—at great cost—by the threat of Leavitt on behalf of my constituents, forward. heavy-handed government enforce- on behalf of all Americans, and on be- Governor Leavitt is one of the found- ment, they come far more rapidly when half of a safe, productive and healthy ers of a bipartisan and collaborative they are to the participants’ economic environment. I urge all my colleagues approach to environmental decision- advantage. There is all the difference to do the same. making that is a model for dealing in the world between making money Mr. NELSON of Florida. Madam with the difficult issues that face us and not losing money. President, yesterday on the Senate today. His ‘‘En Libra’’ philosophy has If we look honestly at what works floor, I voiced my concerns about the been adopted by the National Gov- and what doesn’t, we have to conclude Bush administration’s weak environ- ernors Association and is being used by that reform of the regulatory process is mental record and the need to further Federal, State, local and private enti- badly needed. Frankly, I commend the debate those concerns. I also shared my ties throughout the country. He is the administration for being willing to belief that Governor Leavitt is an able former chair of the National Governors look at new approaches to building a public servant who will likely be con- Association, the Western Governors better environment, rather than con- firmed by the U.S. Senate. Association, the Republican Governors tinuing to hammer at the same old In follow up to those remarks and Association and the Council of State nails. following the vitiation of the cloture Governments. His experience spans the I am confident that I will not always vote, I spoke with Governor Leavitt private sector, academia, and govern- agree with the positions that Governor and explained my views on the direc- ment. Leavitt may take if he becomes the tion of environmental policy under this Governor Leavitt is without question EPA Administrator. Alaska has a num- President and the need for him to qualified for the job. In fact, he is su- ber of outstanding issues with the EPA. emerge as champion for the environ- perbly qualified for the job. He is the We have long hoped to establish Alas- ment in an administration that lacks Nation’s longest-serving, and arguably ka as a separate EPA region, because one. I informed him that, having made most successful Governor, whose ten- attempting to administer such a vast my objections known, I would vote in ure has brought unprecedented pros- area with so few people who have even favor of his nomination in the hopes perity to his State, unparalleled effi- seen the issues first-hand is an impos- that we could forge a strong working ciency to its management, and un- sible task that often leads to unneces- relationship to reach suitable resolu- equaled improvements to its environ- sary and damaging misunderstandings. tions to the many environmental prob- ment. Along the way he has strived for We would like to move forward on a lems, including Superfund issues, that and achieved—if not perfect harmony— determination that better defines the plague my State of Florida and the Na- then a notable reduction in the volume extent of Clean Water Act authority tion.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.004 S28PT1 S13338 CONGRESSIONAL RECORD — SENATE October 28, 2003 Mr. INHOFE. And with that I ask the and Public Works Committee to ask I quote from the EPA’s TRI report minority, do they have anyone else the Governor questions orally and in itself, 2001 TRI public data release, ES– who wants the time? writing about his management of 26: Mr. JEFFORDS. Madam President, I Utah’s natural resources and to allow TRI reports reflect releases and other yield back the remainder of my time. him to provide answers to those ques- waste management activities of chemicals, Mr. INHOFE. I yield at this time the tions, but to ignore his answers to not exposures of the public to those chemi- final 10 minutes to the Senator from those questions and to use the Senate cals. Release estimates alone are not suffi- Utah, Mr. HATCH. floor to cast aspersions at Utah I find cient to determine exposure or to calculate The PRESIDING OFFICER. The Sen- potential adverse effects on human health personally offensive. and the environment. ator from Utah. Secondly, to be frank, I have to say I Mr. HATCH. I thank the Chair. I am especially offended that my col- Most citizens will be more concerned thank my colleague for reserving his leagues choose this forum to make about chemicals actually emitted into time for me. I also want to pay tribute these attacks with information that is the air and discharged into our surface to the distinguished Senator from so clearly inaccurate and so cleverly water than they will about leftover Vermont and the distinguished Senator twisted to cast Utah and its Governor rock and soil from mining activities from Oklahoma for their leadership on in the worst possible light, so I find it that are legally sequestered. According this matter, for their goodness and necessary to make part of the RECORD to the 2001 TRI report, Utah emitted kindness in support. I have to say with the truth about some of the aspersions about 19 million pounds of chemicals these two fine Senators we have in the cast at my State. into the air during 1999, but the same Senate, both of them supporting this Utah is one of the cleanest States in report shows that the State of Illinois nominee speaks volumes of the fine the Nation, and in large part this is released nearly 60 million pounds of man he is. But I have also heard from due to Gov. Michael Leavitt, so one can chemicals into the air. In other words, a couple of my colleagues whom I re- imagine my surprise when one of my according to the TRI, during 1999 Illi- spect that they have ‘‘serious con- colleagues comes to the Senate floor to nois was three times the air polluter cerns.’’ Governor Leavitt has had a call Utah one of the Nation’s biggest that Utah was. I point out that since ‘‘careless disregard for water and air,’’ polluters and to blame our Governor then, Utah’s biggest air polluter, ‘‘a disturbing tendency to ignore regu- for it. What does my colleague mean MagCorp, has voluntarily upgraded its lations,’’ ‘‘a hands off approach.’’ He is when he calls Utah a big polluter? A facilities and reduced its emissions by a ‘‘rollback administrator.’’ more important question is, What does more than 90 percent. This is all under As I understand it, those statements the public think it means when they Governor Leavitt’s management. were made this morning. The distin- hear my colleagues say it? Let’s look at surface water dis- guished Senator from Illinois said that Let me shed some light on where oth- charges. During that same year, Utah Governor Leavitt has ‘‘turned his back ers have sown confusion. One of the released 1.2 million pounds of chemi- on the wilderness.’’ He also said that principal indexes being looked at by cals into the surface water. This was ‘‘Utah is one of the biggest polluter my colleagues is the Toxic Release In- below the average of all States. How- States in the Nation.’’ ventory, or TRI, which is collected and ever, the TRI report shows that New I cannot blame him too much for published by the EPA. The most recent Jersey released 3.7 million pounds and making that statement because he is TRI report came out in 2001, but we Illinois released 8 million pounds of just quoting some of the irresponsible should keep in mind that the data for chemicals into the surface water. In people in the environmental field who that report, or for the TRI, are 2 years other words, according to the EPA, basically have totally ignored the old. In other words, the 2001 TRI report New Jersey is three times the water facts, which I am going to speak about makes use of data from 1999. polluter that Utah is and Illinois al- in a minute. A very careful distinction must be most eight times the polluter that I am grateful to these two leaders for made before using numbers from the Utah is. the kind way they have handled this TRI report. Some may believe or wish So what does this mean? Does it nomination and for the effective way to cause others to believe that the TRI mean that Illinois and New Jersey they have handled it so we will have a simply counts up how much pollution should be labeled as large polluters or, final vote on one of the finest Gov- goes into our water and our air, but as my State was erroneously labeled, ernors in this land to head one of the this is not necessarily the case, to say the biggest polluters in the country? most difficult agencies in this land. He the least. In fact, every time a com- No, of course not, and I certainly do is a Governor who is known for work- pany uses a chemical and then cor- not believe that to be the case. I be- ing with everybody, known for keeping rectly and legally disposes of it, that is lieve they are both beautiful and well an open mind, known for being honest, considered a release. run States, just as I know Utah to be. known for being active, and known for Even if a pound of a certain chemical I think it does mean, though, that intelligence. I could go on about Mike is properly recycled, that, too, is con- the Senators from these two States Leavitt. He is a very fine man. sidered a pound of release. When a min- should be more careful about attempt- Yesterday during the debate on the ing company takes a pound of dirt and ing to pin the ‘‘polluter’’ label on my nomination of Gov. Michael Leavitt to rock and removes metals from it, that State and on my Governor, and I am be Administrator of the Environmental leftover soil and rock often contains not going to stand for it. That is why Protection Agency, my friend and col- chemicals from the processing and I am making these remarks today, league Senator RICHARD DURBIN from must be handled according to a very among other reasons. Frankly, I am Illinois stood up on the Senate floor strict environmental set of regulations. going to stand up for this very fine and began an attack on the State of However, each pound of that soil and Governor and good person who is Utah and on Utah’s Governor. Now this rock is counted as a release under the known to be a person who works with morning, I find that another friend and TRI. people of all beliefs and from all par- colleague, Senator FRANK LAUTENBERG States such as Utah and Nevada have ties. of New Jersey, has been following suit. very large mining operations, and be- Some of my colleagues and many in I am certain both of them are sincere, cause the amount of leftover rock and the environmental community have but I am going to show that both of soil from these operations is very been a little too fast and too loose with them are absolutely wrong as well. large, these two States show up at the pinning that unhelpful label of ‘‘pol- First, I am very disappointed that top of the list when all types of re- luter’’ on others and on the industries my colleagues would spend time high- leases are combined. that keep our society running. lighting the supposed weakness of an- So do TRI numbers really reflect pol- I have also heard on the Senate floor other Senator’s State and the supposed lution that is going into our air and that Utah has one of the worst records weakness of that State’s top elected of- water? Yes, in some cases. But as I just for water quality enforcement in the ficial, especially when they are wrong pointed out, many of the ‘‘releases’’ re- Nation. This is patently false. There in both instances. ported under TRI never go into our air was a report put out by the environ- It was very appropriate for the Mem- or our water but are safely sequestered mental group that states this false- bers of the Senate in the Environment according to the law. hood. However, the statement was

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.016 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13339 based on incomplete reporting on water Whereas, Study Areas designated on or before October quality data from Utah. 1. In a Report to Congress prepared in June 21, 1993, under Section 603 of FLPMA; and In an analysis of the complete data, of 1993, the Department of the Interior ex- b. roads that lie within the boundaries of the EPA has in fact determined that plained that unresolved conflicts over the any unit of the National Park System; and status of rights-of-way created pursuant to c. roads that lie within the boundaries of Utah ranks among the top 10 States in Revised Statute 2477 were creating a con- any unit of the National Wildlife Refuge Sys- water quality compliance—one of the tinuing cloud on federal agencies’ ability to tem; and top 10 States—and yet we have to put manage federal lands. d. roads that are administered by a federal up with this type of unfortunate 2. On August 7, 2002, a bipartisan group of agency other than the Department of the In- mischaracterization of my State. eight western governors wrote urging the terior, unless that federal agency consents to Admittedly, some of my colleagues Department of the Interior to bring finality the inclusion of the road in the Acknowledg- to R.S. 2477 disputes in a cooperative man- ment Process. pay much too much attention to some 3. The State of Utah, or any Utah county, of these people who are in this game ner. 3. On July 16, 2002, the National Associa- shall submit a request to initiate the Ac- for politics rather than for doing what tion of Counties adopted a resolution urging knowledgment Process for a candidate road is right for the environment. I might as the Department of the Interior to adopt a and shall reimburse the Bureau of Land Man- well point out that Utah is also in com- policy approach to R.S. 2477 rights-of-way agement for the reasonable and necessary plete compliance with EPA’s air qual- that would allow counties to maintain his- cost of processing each request. Each eligible ity standards. This is rare amongst torical rights of way across federally man- road submitted shall have the following aged lands. characteristics: States, and it was not the case when a. the road existed prior to the enactment 4. Disputes involving R.S. 2477 rights-of- Governor Leavitt took office. of FLPMA in 1976 and is in use at the present way have generated numerous expensive and I have also heard that Governor time; inconclusive federal court lawsuits that have b. the road can be identified by centerline Leavitt has turned his back on wilder- left numerous questions concerning the own- ness in Utah and he supports bull- description or other appropriate legal de- ership status of R.S. 2477 rights-of-way unre- scription; dozing new roads through our national solved; and the high cost of this litigation c. the existence of the road prior to the en- parks. Both statements are false as has made it difficult for states and counties actment of FLPMA is documented by infor- well, and rather than launch into a to assert their rights and for conservation mation sufficient to support a conclusion long debate about wilderness and BLM groups to assert their interests. that the road meets the legal requirements roads, I ask unanimous consent that 5. The Department of the Interior has tra- of a right-of-way granted under R.S. 2477; the memorandum of understanding be- ditionally approached R.S. 2477 issues by try- this information may include, but is not lim- ing to define the precise legal limits of the ited to, photographs, affidavits, surveys, gov- tween the State of Utah and the De- original statutory grant. partment of the Interior on State and ernment records concerning the road, infor- 6. Most of the asserted R.S. 2477 rights-of- mation concerning or information reason- county road acknowledgment be print- way that actually have been part of western ably inferred from the road’s current condi- ed in the RECORD immediately fol- states-inventoried and maintained transpor- tions; and lowing my remarks. tation infrastructure since before the enact- d. the road was and continues to be public The PRESIDING OFFICER (Mr. ment of the Federal Land Policy and Man- and capable of accommodating automobiles ENZI). Without objection, it is so or- agement Act (FLPMA) in 1976 satisfy the or trucks with four wheels and has been the dered. statutory requirements of ‘‘construction’’ subject of some type of periodic mainte- (See exhibit 1.) and ‘‘highway’’ under almost any interpreta- nance. Mr. HATCH. Anyone who reads this tion of those statutory terms. 4. The Acknowledgment Process referenced 7. The State of Utah has many R.S. 2477 in this MOU that the Department shall use document will see that the under- claims, and on June 14, 2000, sent to the Sec- to acknowledge eligible roads is FLPMA’s standing does nothing to allow new retary of the Interior a Notice of Intention recordable disclaimer of interest process. roads or even the upgrade of existing to File Suit under 28 U.S.C.1 2409a(m) to quit See 43 U.S.C. 1745; 43 C.F.R. subpart 1864. roads. the title to those claims. The recordable disclaimer of interest process The PRESIDING OFFICER. The Sen- 8. The roads in which the State of Utah and provides a clear statutory basis for resolving ator’s time has expired. Utah counties assert claims include many claims and provides an opportunity for pub- Mr. HATCH. I ask unanimous consent roads of continuing importance to rural lic notice and participation. The Utah State transportation. Director of the Bureau of Land Management for 1 additional minute. will issue a recordable disclaimer of interest The PRESIDING OFFICER. Without 9. Rights-of-way granted under R.S. 2477 are vested property rights that cannot be if the requirements of the applicable stat- objection, it is so ordered. eliminated or diminished without due proc- utes and regulations, and the terms of this Mr. HATCH. They will also see that ess. However, the statutory grant of the MOU, have been satisfied. the understanding specifically excludes rights-of-way did not require the issuance of 5. By signing this agreement, the Depart- roads in our parks, refuges, wilderness an identifying record, such as a patent. The ment recognizes that road width and ongoing areas, and even in our wilderness study resulting uncertainty surrounding the iden- maintenance levels are essential aspects of areas. More important, these issues tity and scope of R.S. 2477 rights-of-way has road management. Therefore, the scope of a have nothing whatever to do with the created unnecessary difficulties in federal, road that the Department disclaims should include a sufficient width to allow the State Environmental Protection Agency, and state and local transportation and land use planning decisions. or county to maintain the character, usage, that needs to be pointed out. 10. The State of Utah and Utah counties and travel safety of the road existing at the Finally, I reiterate my love for my have spent considerable time and substantial date of this MOU. For purposes of the Ac- beautiful State of Utah and for my resources to gather information about road knowledgment Process only, the width of the good friend Michael Leavitt. In my claims and are prepared, if necessary, to liti- road asserted and the width of the road dis- statement yesterday, I showed that the gate those claims. claimed shall not exceed the width of ground record is clear that Michael Leavitt is 11. Federal, state and local managers and disturbance that currently exists for the a champion of the environment and environmental advocacy organizations have road at the date of this MOU. 6. After the Department issues a recordable that he is widely recognized as one of all demonstrated a desire to put disputes surrounding R.S. 2477 to rest and move to- disclaimer of interest for an acknowledged our Nation’s top public managers. I ward an approach to land management that road, the State or a county may want to in- urge my colleagues to put their full emphasizes cooperation. crease the road’s width beyond the already support behind his nomination to head Now, therefore, the parties stipulate and disclaimed right-of-way, or to improve the up the Environmental Protection agree as follows: road in a way that substantially alters its Agency and I do not believe they will 1. The Department shall implement a State character (such as by paving a previously un- be sorry. I believe my colleagues will and County Road Acknowledgment Process paved surface). But the recordable disclaimer find him to be the great leader that we (Acknowledgment Process) to acknowledge of interest process will not be used as a the existence of certain R.S. 2477 rights-of- mechanism to substantially alter the charac- all know him to be. way on Bureau of Land Management land teristics of a road. In cases where the State MEMORANDUM OF UNDERSTANDING BETWEEN within the State of Utah, as further de- or a county wishes to substantially alter a THE STATE OF UTAH AND THE DEPARTMENT OF scribed in, and subject to the terms and con- road that is subject to the Acknowledgement THE INTERIOR ON STATE AND COUNTY ROAD ditions of, this MOU. Process in a way that is outside the scope of ACKNOWLEDGMENT 2. For purposes of the Acknowledgment ordinary maintenance, it will do so only This Memorandum of Understanding Process only, neither the State nor any Utah after notifying BLM of its intentions and (MOU) is entered into between the U.S. De- county shall assert a right-of-way for any: giving BLM an opportunity to determine partment of the Interior and the State of a. roads that lie within Congressionally that no permit or other authorization is re- Utah on this 9th day of April 2003. designated Wilderness Areas or Wilderness quired under federal law; or, if a permit or

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.019 S28PT1 S13340 CONGRESSIONAL RECORD — SENATE October 28, 2003 other authorization is required, securing Signed 4–9–03 I further announce that, if present such a permit or other authorization, issued Gale A. Norton and voting, the Senator from Massa- Secretary in compliance with any applicable law, in- chusetts (Mr. KERRY) would vote United States Department of the Interior. cluding requirements of Title V of FLPMA ‘‘nay’’. and the National Environmental Policy Act. Signed 4–9–03 The result was announced—yeas 88, In the event a permit is deemed necessary, Michael O. Leavitt nays 8, as follows: the Department will make its best effort to Governor process requests for access under Title V of State of Utah. [Rollcall Vote No. 412 Ex.] FLPMA promptly and cooperatively. 1 For purposes of this MOU, the terms ‘‘road’’ and YEAS—88 7. In order to facilitate the Acknowledg- ‘‘highway’’ shall be deemed synonymous. Akaka Dole Lugar ment Process in Utah, the Department here- Mr. CARPER. Will the Senator from Alexander Domenici McCain by declares that the requirements for deter- Allard Dorgan Utah yield briefly? McConnell minations under the ‘‘Interim Departmental Allen Ensign Mikulski Policy on Revised Statute 2477 Grant of The PRESIDING OFFICER. The time Baucus Enzi Miller Right-of-Way for Public Highways; Revoca- of the Senator has expired. Bayh Feingold Murkowski tion of December 7, 1988 Policy,’’ dated Janu- Mr. CARPER. I ask unanimous con- Bennett Feinstein Murray Biden Fitzgerald Nelson (FL) ary 22, 1997, shall be inapplicable to acknowl- sent that the Senator from Utah be Bond Frist Nelson (NE) edgment requests submitted in accordance given 1 additional minute and he yield Breaux Graham (FL) Nickles with this MOU. While the 1997 Interim Policy Brownback Graham (SC) it to me. Pryor shall still apply to all other requests for The PRESIDING OFFICER. Without Bunning Grassley right-of-way acknowledgment that are not Burns Gregg Reid submitted pursuant to this MOU, the Depart- objection, it is so ordered. Byrd Hagel Roberts Santorum ment recognizes that other interested states Mr. CARPER. Mr. President, I am Campbell Harkin Sarbanes and counties may wish to submit proposed less familiar with Governor Leavitt’s Cantwell Hatch Carper Hollings Sessions MOU’s for consideration by the Department environmental record in Utah than is Chafee Hutchison Shelby that are generally consistent with the prin- our colleague Senator HATCH. I have Chambliss Inhofe Smith ciples set out in this agreement. known him for more than a decade. We Clinton Inouye Snowe 8. The State, Utah counties and the De- became Governors together in the same Cochran Jeffords Specter partment shall work cooperatively to mini- Coleman Johnson Stabenow mize trespass situations on roads that are year. We were elected in 1992. We know Collins Kennedy Stevens outside the scope of this MOU. him. We know his family. Conrad Kohl Sununu 9. It is understood that the State and coun- I know him to be a thoughtful, de- Cornyn Kyl Talent ties have evidence regarding the existence of Craig Landrieu Thomas cent, caring human being. He is a good Crapo Leahy Voinovich many roads, including those in which they manager and a good leader of his State. Daschle Levin Warner assert no ownership interest. They may DeWine Lincoln He has also been a great leader of our Wyden choose to use this evidence for other pur- Dodd Lott poses, such as to illustrate whether the land Nation’s Governors. through which the roads run have wilder- I was privileged to serve as Chair of NAYS—8 ness-like characteristics or resource values. the National Association of Governors Boxer Durbin Rockefeller The Acknowledgment Process will take at the time he was Vice Chair. He suc- Corzine Lautenberg Schumer place independently and without prejudice to ceeded me as Chair. He is very bright Dayton Reed any other use of this evidence or other valid and surrounds himself with excellent NOT VOTING—4 existing rights, if any. people. But what I like best is he is Bingaman Kerry 10. After submitting a road to the Ac- Edwards Lieberman knowledgment Process, the State or a coun- very good at bringing together people ty may withdraw it from consideration at with diverse points of view, trying to The nomination was confirmed. any time prior to the actual recording of the build consensus. We need that in a lot The PRESIDING OFFICER. Under disclaimer issued by the Department, for any of areas in our Nation’s Capitol these the previous order, the President shall reason, without prejudice. The submission of days, and we especially need it with re- be immediately notified of the Senate’s a road to the Acknowledgment Process does spect to environmental issues. I look action. not prejudice the State’s or a county’s valid forward to voting for his nomination f existing rights regarding that road under the law. and working with him if he is con- LEGISLATIVE SESSION firmed. 11. The Department shall execute any im- The PRESIDING OFFICER. Under plementing agreements with the State of I thank the Senator for yielding. Utah or Economy Act agreements as appro- Mr. HATCH. I thank my colleague the previous order, the Senate will re- priate with other federal agencies, as re- from Delaware. His comments speak turn to legislative session. quired by applicable statutes and regula- volumes as to why we should support f tions, when effectuating the purposes of this Governor Leavitt. I am particularly MOU. FOREIGN OPERATIONS, EXPORT 12. Activities under this MOU and any im- pleased and grateful for his support in FINANCING, AND RELATED PRO- plementing agreements shall be conducted in this matter, as I am for the support of GRAMS APPROPRIATIONS ACT, accordance with mutually-agreed upon plans the two leaders. 2004 for the classification of information by the The PRESIDING OFFICER. All time The PRESIDING OFFICER. Under State, for the review and release of informa- has expired. Under the previous order, tion, and for cooperation in the preparation the previous order, the Senate will re- the Senate will proceed to a vote on sume consideration of H.R. 2800, which of any and all reports to Congress. The re- confirmation of the nomination. The lease of any information by the Department the clerk will report. under this MOU will be in accordance with question is, Shall the Senate advise The legislative clerk read as follows: applicable statutes and regulations. and consent to the nomination of Mi- A bill (H.R. 2800) making appropriations 13. Any expenditure of appropriated funds chael O. Leavitt to be Administrator of for foreign operations, export financing, and by the Department will be developed in spe- the Environmental Protection Agency? related programs for the fiscal year ending cific agreements authorized by applicable Mr. INHOFE. Mr. President, I ask for September 30, 2004, and for other purposes. statutes and regulations and is subject to the yeas and nays. Pending: the availability of funds. This MOU shall not The PRESIDING OFFICER. Is there a DeWine amendment No. 1966, to increase be used to obligate or commit funds or as the sufficient second? assistance to combat HIV/AIDS. basis for the transfer of funds. Byrd amendment No. 1969, to require that 14. This MOU shall not be construed as cre- There is a sufficient second. the Administrator of the Coalition Provi- ating any right or benefit, substantive or The clerk will call the roll. sional Authority be an officer who is ap- procedural, enforceable at law or in equity, The assistant legislative clerk called pointed by the President, by and with the ad- by a party against the State of Utah, Utah the roll. vice and consent of the Senate. counties, the United States, it agencies, its Mr. REID. I announce that the Sen- McConnell amendment No. 1970, to express officers, or any other person. This MOU shall ator from New Mexico (Mr. BINGAMAN), the sense of the Senate on Burma. not be construed to create any right to judi- the Senator from North Carolina (Mr. cial review involving the compliance or non- The PRESIDING OFFICER. The Sen- compliance of the State of Utah, Utah coun- EDWARDS), the Senator from Massachu- ator from Idaho. ties, the United States, its agencies, its offi- setts (Mr. KERRY), and the Senator Mr. CRAIG. Mr. President, I ask cers, or any other person with the provisions from Connecticut (Mr. LIEBERMAN) are unanimous consent to speak as in of this MOU. necessarily absent. morning business for up to 5 minutes.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.008 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13341 The PRESIDING OFFICER. Without happen. The day is upon us and we pending amendment and call up objection, it is so ordered. must do right by our forests. So I am amendment No. 1977. (The remarks of Mr. CRAIG are print- very grateful for the Senator’s help and The PRESIDING OFFICER. The ed in today’s RECORD under ‘‘Morning collaboration on this. clerk will report. Business.’’) Mr. CRAIG. I thank the Senator from The legislative clerk read as follows: The PRESIDING OFFICER. The Sen- California. She has been a full coopera- The Senator from California [Mrs. FEIN- ator from California is recognized. tive partner in working in a bipartisan STEIN], for herself, Ms. SNOWE, and Mrs. MUR- Mrs. FEINSTEIN. Mr. President, I way. She has outlined many of the pro- RAY, proposes an amendment numbered 1977. begin by thanking the Senator from visions in the bill that have been Mrs. FEINSTEIN. Mr. President, I Idaho. It has been a pleasure for me to worked out between the Agriculture ask unanimous consent that further work with him on this issue. I think we Committee, the chairman, MIKE CRAPO, reading of the amendment be dispensed have been working now for close to 3 Senator DOMENICI, BLANCHE LINCOLN, with. years, beginning with the Quincy Li- and a good many others. It was a col- The PRESIDING OFFICER. Without brary Group in California to try to laborative, bipartisan effort. objection, it is so ordered. The amendment is as follows: forge a different forest policy, and also I agree that this is a bill that should to recognize that our forests are over- be on the floor as we speak. It should (Purpose: To clarify the definition of HIV/ AIDS prevention for purposes of providing burdened with undergrowth, with non- not be amended. There are a lot of funds for therapeutic medical care) indigenous species; and so fires, when other bills that will come and other At the appropriate place, insert the fol- they happen, burn hotter and do much issues that can be addressed. lowing: more destruction than they have done But California is facing its worst SEC. ll. For purposes of section 403(a) of historically. nightmare as we speak in the form of the United States Leadership Against HIV/ I thank the Senator for his sympathy fire. The reality of what the Senator AIDS, Tuberculosis, and Malaria Act of 2003 for what our State is going through. I spoke to in the San Bernardino Forest (22 U.S.C. 7673(a)) the term ‘‘HIV/AIDS pre- in the Greater Lake Arrowhead area is vention’’ means only those programs and ac- want to tell you that I just spoke with tivities that are directed at preventing the the White House, with Mr. Rove, be- truly a firestorm of great proportions, sexual transmission of HIV/AIDS, and activi- cause I had heard from Mr. Blackwell, and we hope the winds will die down ties that include a priority emphasis on the the regional forester, that the forest and shift and they will come in off the public health benefits of refraining from sex- fire has taken a turn, because the ocean and bring moisture and lift the ual activity before marriage shall be in- winds have changed, and is now head- dewpoint and lower the fires. That isn’t cluded in determining compliance with the ing for half a million acres of bark bee- happening as we speak. Quite the oppo- last sentence of such section 403(a). tle-infested forests near Lake Arrow- site is happening, as we play out the Mrs. FEINSTEIN. Mr. President, I head and 44,000 homes are now in jeop- Santa Ana and get through this season. ask unanimous consent to add Senator ardy. But in the meantime, the destruction SNOWE and Senator MURRAY as cospon- This is just huge. I hope that anyone is now almost immeasurable. You see sors of this amendment. listening will begin to bring in some it on the faces of the people being The PRESIDING OFFICER. Without military help, more C–130s. With the interviewed. Maybe America finally objection, it is so ordered. Mrs. FEINSTEIN. Mr. President, I winds down, the C–130s can work. Per- recognized it when San Diego could not rise today to offer an amendment to haps this area can be worked from the play football in their home stadium. the fiscal 2004 foreign operations bill to air. But the fire is advancing so strong- They had to move to Phoenix because provide the administration with great- ly and also like a spear into San Diego they are using the parking lot as a er flexibility in how it funds HIV/AIDS itself, and over the Santa Monica staging area. Maybe America scratched its head a little and said: What is prevention programs. mountains into Malibu. So we have a We believe this amendment is crit- wrong with this? Should this be hap- real maelstrom on our hands. ical to our efforts aimed at stopping pening? No, it should not be—at least We think we have a good bill. We be- the spread of the HIV/AIDS virus and to the extent that it is. lieve we have the only bill that can be providing a safe and healthy future for The Senator from California is right accepted by this body, and I am hopeful millions of people around the world. that procedure can help lessen the im- that the leadership will bring this bill Time is not on our side, and we must pact of the kind of fire scenario we are to the floor very shortly. I think we act now. seeing. She and I have teamed up with need to put everything aside and just Our amendment does two things. our leadership and said let’s debate get a bill passed. First, it reserves at least one-third of The Senator is right about stream- this bill now on the Senate floor and the funds for prevention of sexual lining the administrative review proc- throughout the balance of the week, transmission of HIV rather than one- ess. Our bill does that. It does so in a after we finish foreign operations. We third of all prevention funds for ‘‘absti- way that it does not prevent collabora- can do that. It should not take but a nence-until-marriage’’ programs. This tion, does not prevent public testi- full day of debate. A lot of issues ought recognizes that HIV prevention in- mony, but it streamlines the process. to be talked about on this bill, and cludes many types of activities, and I think we have handled judicial re- then we ought to pass it so America those that target the sexual trans- view in a way that we can agree makes can see that the Congress of the United mission of HIV/AIDS such as absti- it truncated; temporary injunction, 60 States is responsive when California is nence-until-marriage programs are days, and if you want another, you at risk to the proportion that it is really only a subset. have to come back and justify it. It is today. I thank the Senator. Second, our amendment defines an the Federal court in the area of the Mrs. FEINSTEIN. I thank the Sen- abstinence-until-marriage program as project. We have the first old-growth ator from Idaho, also. I was just talk- any program that includes, but is not protection which will be codified in the ing to Representative LEWIS. He indi- necessarily limited to, providing infor- history of this country. cated that two members of his family mation that emphasizes the public It is a good bill. I hope that those each lost their homes. I understand health benefits of refraining from sex- who might want to place amendments that Representative DUNCAN HUNTER ual activity outside of marriage. on this bill will really not do so, so we also lost his home. So they join lit- Earlier this year I was proud to join can pass a bill and get it moved on so erally 1,500 families now who are my colleagues in passing the United the 20 million acres that are in this bereft, without housing, without their States Leadership Against HIV/AIDS, bill, which we know are at the highest home. Really, everything they have Tuberculosis and Malaria Act of 2003. risk of catastrophic fire, can be dealt built is just gone. Now we find that This is a historic piece of legislation with quickly. there are another 44,000 homes in jeop- that expressed our resolve to see the The Senator and I have talked. The ardy. So I very much appreciate the United States take a leadership role in Appropriations Committee has been comments of the Senator. the fight against the HIV/AIDS pan- helpful in getting additional dollars for AMENDMENT NO. 1977 demic. The bill recognized that preven- bark beetle infestation. But for 3 years Mrs. FEINSTEIN. Mr. President, I tion, along with care and treatment, is now, we have known this was going to ask unanimous consent to set aside the an essential component of that fight.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.022 S28PT1 S13342 CONGRESSIONAL RECORD — SENATE October 28, 2003 The bill, as passed by both Houses AIDS prevention programs involve be- cessful in preventing the spread of HIV/ and signed by President Bush, contains havior change programs, including AIDS. language that recommends for fiscal delay in the initiation of sexual activ- This tells me that this administra- year 2004 and 2005 that at least one- ity, faithfulness, correct and consistent tion understands that the most effec- third of all global HIV/AIDS prevention condom use, testing and treatment for tive way to prevent HIV is a funds be set aside for abstinence-be- sexually transmitted disease, pro- multipronged approach. We should be fore-marriage programs. This sense of moting voluntary counseling and test- able to fund programs that place a pri- the Senate provision becomes a man- ing, harm reduction programs for HIV ority emphasis on abstinence but also date for fiscal year 2004 through 2008. drug users, preventing the trans- discuss other methods as outlined Our amendment simply clarifies the mission of HIV/AIDS from mother to under the ABC approach. congressional intent of this provision child, increasing blood safety, empow- For example, the United States and increases the flexibility of how ering women and girls, controlling in- Agency for International Development HIV/AIDS prevention funds are spent. fection in health care settings, and de- has sponsored Zambia’s HEART, Help- In order to fulfill our goal of stopping vising programs geared toward people ing Each Other Act Responsibly To- the spread of HIV/AIDS, we should not living with HIV/AIDS. gether, HIV/AIDS prevention program, tie the hands of workers on the ground Let’s take a closer look at one of a mass media campaign that promotes by limiting the use of HIV/AIDS pre- these prevention programs: preventing HIV/AIDS prevention through mes- vention funds. A brief glance at some the transmission of HIV from mother sages about abstinence, consistent of the numbers related to the HIV pan- to child. We have seen great strides in condom use, and the fact that ‘‘you demic demonstrates the importance of recent years in this area. Studies have can’t tell by looking’’ if another person funding a wide range of prevention ac- shown that combining drugs such as is HIV-positive. tivities. Nevirapine with counseling and in- A 2001 impact survey of youth aged 13 Worldwide, 40 million people—that is struction on the use of such drugs re- to 19 found that many of the respond- huge—are infected with HIV; 29.4 mil- duces mother-to-child transmission by ents chose to remain abstinent because lion people are infected in sub-Saharan 50 percent. And we have tens of mil- of the campaign. In fact, respondents Africa alone. That is 70 percent of the lions of AIDS orphans in Africa alone. were more likely to report that they world’s total. As of 2001, 21.5 million So it is a really important program. chose to abstain than to report condom Africans had died of AIDS. That is 21.5 Such cost-effective prevention pro- use. This confirms what I have long be- million Africans dead from AIDS. The grams are not related to abstinence lieved: if young people are given the national intelligence council projects and should not be constrained by the 33 necessary information and education, at least 50 million new cases of HIV by percent earmark in funds for preven- they will make an informed and health 2010 in five countries alone: China, tion. Our amendment will allow local decision regarding their sexual activ- Ethiopia, India, Nigeria, and Russia. communities to spend money on HIV ity. Fifty million new cases in five coun- prevention that is most effective in If programs like the HEART program tries. That is a huge pandemic. that community. If the most effective in Zambia are successful in increasing Currently fewer than 1 in 5 persons at program in a community is the pro- abstinence, we should not turn our risk for HIV/AIDS worldwide have ac- motion of abstinence until marriage, back on them or limit the amount of cess to prevention. Yet UNAIDS and my amendment will not preclude fund- resources available because they dis- the World Health Organization have ing for such a program. cuss multiple prevention strategies. conducted research that shows that Ensuring that the earmark applies Again, this amendment is about giv- two-thirds of the estimated 45 million only to programs related to preventing ing our Government and other coun- new HIV infections expected to occur the sexual transmission of HIV would tries the flexibility to get the job done. between now and 2010 could in fact be free up additional resources for non-ab- Cultural differences, epidemiology, averted with effective prevention. Two- stinence programs while at the same population age groups, and the stage of thirds of 45 million anticipated cases time maintaining the importance of the epidemic in a given community could be prevented. That is a very crit- abstinence-until-marriage activities. will all play roles in how an effective ical figure for us to make use of. In fact, my amendment would not pre- HIV/AIDS prevention program is de- Passing the global HIV/AIDS bill was vent the United States from spending signed. an important first step to meeting that more than one-third of funds for the This amendment is pro-abstinence, it challenge. Our amendment builds on prevention of the sexual transmission recognizes that there is more to pre- that endeavor and increases the effec- of HIV on abstinence-until-marriage venting the spread of HIV/AIDS than tiveness of the legislation. programs if the administration decided preventing the sexual transmission of Let me be clear. Our amendment does that was the most effective use of HIV, it balances congressional prior- not strike the 33 percent earmark for those funds. ities with public health needs, and it abstinence-until-marriage programs. It We believe the United States should preserves the administration’s flexi- simply expands the definition of absti- have the flexibility to fund programs bility in deciding which programs to nence-until-marriage and gives the ad- that are successful in leading to in- fund that would be most likely to in- ministration maximum flexibility to creased abstinence. crease abstinence. fund programs that successfully in- In response to a letter I wrote to As- It is a commonsense amendment and crease abstinence among young people. sistant Secretary of State for Legisla- I urge my colleagues to support it. The key word is ‘‘successful.’’ All Sen- tive Affairs, Paul V. Kelly inquiring I thank Senators SNOWE and MURRAY ators, including myself, know that ab- about the definition of an ‘‘abstinence- for cosponsoring this amendment. stinence is a key strategy in pre- until-marriage’’ program, Secretary I yield the floor. venting the spread of HIV/AIDS, and Kelly responded: Ms. SNOWE. Mr. President, I rise the importance we place on those pro- today in support of the amendment of- Achieving the HIV/AIDS prevention goals fered by Senator FEINSTEIN and myself grams is reflected in the legislation. of the President’s Emergency Plan will re- What we are trying to do—and I am quire a comprehensive and sustainable ap- to clarify the funding under the United trying to do—is give the administra- proach recognized by both the Plan and the States Leadership Against HIV/AIDS, tion and the people on the ground the law. The ‘‘ABC’’ model [Abstain, Be faithful, Tuberculosis and Malaria Act of 2003. flexibility needed to design HIV pre- Use condoms], has been used successfully to As my colleagues will remember, we vention programs that meet the needs prevent HIV/AIDS transmission in Uganda as stayed on the floor late into the night of a given community. well as Zambia and Ethiopia. These suc- to pass that bill, and we did so in a bi- Different programs work better in cesses show that promoting behavior change partisan manner, without amendment, different communities. There is no real and healthy lifestyles, including abstinence because of the critical importance of and delayed sexual initiation, mutual mo- one-size-fits-all program. A May 2003 nogamy, faithfulness and fidelity in mar- providing the President with a bill be- report from the Bill and Melinda Gates riage and reduction in the number of part- fore he attended the G–8 Summit in Foundation and the Henry J. Kaiser ners, consistent and correct use of condoms, Evian, France. In doing so, we sent the Foundation highlights that proven and avoidance of substance abuse, are suc- President to the G–8 with the firm

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.027 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13343 commitment and resolve of the United Mr. President, I believe this amend- ting a number of the appropriations States to tackle the global AIDS crisis. ment provides the right approach to bills through. Senator MCCONNELL and This clarification was not made in this critical issue and I urge my col- I worked very hard on this bill. I think May, because of the fact that there was leagues to support this clarification. we have crafted good, bipartisan legis- no time to conference any changes The PRESIDING OFFICER. The Sen- lation. Unlike some of the things that from the House-passed bill. I believe we ator from Vermont. happen around here, this has had did the right thing by sending that bill Mr. LEAHY. Mr. President, I thank strong input from both sides of the to the President when we did, but as we the distinguished Senator from Cali- aisle. It would be a shame if there were address issues today related to funding fornia. I am very strongly supportive of so many delays it became part of an that commitment, I believe we have a the points she has made. omnibus—or, as some more accurately responsibility to address this clarifica- I see the distinguished chairman of describe, an ‘‘ominous’’—appropria- tion. the subcommittee, the senior Senator tions bill. This amendment recognizes preven- from Kentucky. I think he and I to- This bill, as much as anything, can tion—along with care and treatment— tally agree that if Members have reflect the real nature of America. We as essential to stemming the AIDS epi- amendments, they should get them to are the wealthiest, most powerful na- demic and supports a multiplicity of the floor and then we can begin voting tion on Earth. There are so many HIV prevention strategies. HIV preven- on them. Traditionally, we break at things we can do and should do even tion must include many types of activi- 12:30 for the Republican and Demo- better. It requires pennies per person, ties, of which prevention activities tar- cratic caucuses. I would like to get a for example, to remove the threat of geting sexual transmission are only a vote before then. I do not know what measles, diphtheria, and other diseases subset. the situation is on the Feinstein in Africa and elsewhere, diseases that The amendment is consistent with amendment. I ask my friend from Ken- kill millions of children. the intent of the bill by reserving at tucky whether that is something on I do not doubt that if anybody in this least one-third of the funds for the pre- which we might vote. There has not body were told, ‘‘Look at these 20 chil- vention of the sexual transmission of been a chance for someone on the other dren; if they will give us $2 or $3, we HIV for ‘‘abstinence-until-marriage’’ side to speak as of yet. will save their lives; if they do not, the programs—otherwise known as ‘‘absti- I think what we need to do, if we can, children are going to die,’’ of course we nence only.’’ Ensuring that one-third and before I yield the floor, is make would reach in our pocket and say: of prevention funds, instead of one- this plea on our side of the aisle—and I ‘‘How about some money for others?’’ third of all funds, are used for these suspect the same one will be made on We do have some money for that. It ‘‘abstinence only’’ programs preserves the other side—that if Members have is nowhere near as much as a wealthy the funding for multilayered ap- amendments, bring them and see either nation such as ours should have, but it proaches which have been most effec- Senator MCCONNELL or myself. If they is a start. That is just one of the things tive in combating HIV transmission. It are going to require a rollcall, we can that is in the bill on which we should is also important to note that the enter into some time agreements. move forward. amendment takes into account the fact Senator MCCONNELL and I have some There will be those who will try to that there are many ways to succeed in housekeeping amendments which we bring the amount on AIDS prevention changing the behavior of young people can dispose of by voice vote, but let’s up to the amount the President of the so that they abstain, including pro- get these others with a time agree- United States has promised over and grams that emphasize the health bene- ment. over again in speeches. We will be sup- fits of refraining from sexual activity I yield the floor. portive and try to bring it up to that before marriage, and ensures that these The PRESIDING OFFICER. The Sen- amount. I hope the administration will programs can benefit from this fund- ator from Kentucky. support us as we try to support what ing. Mr. MCCONNELL. Mr. President, I the President has said he wants. This clarification reinforces the no- certainly concur with my friend from There are so many other areas. There tion that encouraging programs that Vermont. We hope to finish this bill is money in there to help the victims of educate about abstinence and delayed today. We believe we can. There are landmines. There are still millions of sexual initiation is a key strategy in not a large number of amendments on landmines in the ground all over the preventing the spread of HIV/AIDS. each side. world. The Leahy War Victims Fund Strategies that include encouraging With regard to Senator FEINSTEIN’s that is in here is designed to help the delay in the initiation of sexual ac- amendment, we are taking a look at them. That is a bipartisan effort. tivity, faithfulness as well as con- that now and hope to be able to react I say that, not to go down through a sistent and correct condom use have soon about moving that one forward as litany of everything that is in this had the highest rate of prevention of well. If everyone would share our view piece of legislation, because I would HIV/AIDS on the continent of Africa. that it might be desirable to finish this much prefer people come forward and According to the May 2003 report from bill today, the way to get that done is raise their amendments and have them the Bill and Melinda Gates Foundation to talk to Senator LEAHY and myself voted on. We, as Senator MCCONNELL and Henry J. Kaiser Foundation, we about amendments. We are open for said, can finish this bill today. We can need to develop a multilayered ap- business and would love to sit down finish by early evening with coopera- proach that combines those types of with Members and talk about their tion. After 29 years here, I know what programs with testing and treatment amendments. happens to a bill such as this. It is al- for sexually transmitted diseases, pro- The PRESIDING OFFICER. The Sen- most like pulling teeth to get people to moting voluntary counseling and test- ator from California. the floor now. At about 5 or 6 at night, ing, harm-reduction programs for IV Mrs. FEINSTEIN. I thank the Sen- people are here saying, My gosh, I have drug users, preventing mother to child ator from Kentucky and the Senator to go to this; I have to go to that; can’t transmission, increasing blood safety, from Vermont for their comments. I you put this over to tomorrow? and controlling infection in health care very much appreciate them. I know we have time agreements. settings. I ask for the yeas and nays on the Now is the time to do it. The McCon- This amendment supports the intent amendment. nell-Leahy store is open. Come by and of the United States Leadership The PRESIDING OFFICER. The yeas do your shopping. Let us talk. Let us Against HIV/AIDS, Tuberculosis and and nays have been requested. Is there reason together. Let us seek prayerful Malaria Act of 2003 by ensuring that a sufficient second? guidance under the benevolent tutelage funds are targeted to the programs There appears to be a sufficient sec- of the distinguished Presiding Officer, that are the most effective, while bal- ond. and let us get this bill off and get it ancing the priorities on spending these The yeas and nays were ordered. voted through. The final package is resources. The amendment also pre- The PRESIDING OFFICER. The Sen- going to pass overwhelmingly. Let’s serves the President’s flexibility in de- ator from Vermont. get the amendments done. termining which programs will be sup- Mr. LEAHY. Mr. President, we are Mr. President, I suggest the absence ported. now about a month behind time in get- of a quorum.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.019 S28PT1 S13344 CONGRESSIONAL RECORD — SENATE October 28, 2003 The PRESIDING OFFICER. The (1) As of October 2003, there are 13,000,000 On page 35, line 15, strike ‘‘; and’’ and in- clerk will call the roll. refugees worldwide, many of whom have fled sert in lieu thereof the following: ‘‘: Provided The legislative clerk proceeded to religious, political, and other forms of perse- further, That’’. call the roll. cution. AMENDMENT NO. 1984 (2) Refugee resettlement remains a critical Mr. MCCONNELL. Mr. President, I On page 105, line 25, strike ‘‘180 days’’ and tool of international refugee protection and insert in lieu thereof the following: ‘‘one ask unanimous consent that the order an essential component of the humanitarian year’’. for the quorum call be rescinded. and foreign policy of the United States. The PRESIDING OFFICER. Without (3) Prior to the beginning of each fiscal On page 106, line 3, strike ‘‘nongovern- objection, it is so ordered. year, the President designates, in a Presi- mental’’ and everything that follows through ‘‘plan’’ on line 6, and insert in lieu thereof AMENDMENTS NOS. 1978, 1979, 1980, 1981, 1982, 1983, dential Determination, a target number of the following: ‘‘governments and nongovern- 1984, 1985, 1986, 1987, AND 1988, EN BLOC refugees to be admitted to the United States mental organizations, shall submit to the Mr. MCCONNELL. Mr. President, the under the United States Refugee Resettle- ment Program. Committees on Appropriations a strategy’’. Senator from Vermont and I have On page 106, line 10, strike ‘‘$10,000,000’’ and cleared a series of amendments which I (4) Although the President authorized the admission of 70,000 refugees in fiscal year insert in lieu thereof the following: will send to the desk to be considered 2003, only 28,419 refugees were admitted. ‘‘$5,000,000’’. en bloc. (5) From fiscal year 1980 to fiscal year 2000, On page 106, line 11, strike ‘‘implement the The PRESIDING OFFICER. The the average level of U.S. refugee admissions action plan’’ and insert in lieu thereof the clerk will report. was slightly below 100,000 per year. following: ‘‘develop the strategy’’. The legislative clerk read as follows: (6) The United States Government policy is AMENDMENT NO. 1985 The Senator from Kentucky [Mr. MCCON- to resettle the designated number of refugees On page 87, line 23, strike ‘‘That in’’ and NELL], for himself and others, proposes each fiscal year. Congress expects the De- everything thereafter through ‘‘subsection’’ amendments numbered 1978, 1979, 1980, 1981, partment of State, the Department of Home- on line 24, and insert in lieu thereof the fol- 1982, 1983, 1984, 1985, 1986, 1987, and 1988, en land Security, and the Department of Health lowing: ‘‘That the application of section bloc. and Human Services to implement the ad- 507(4)(D) and (E) of such Act’’. Mr. MCCONNELL. Mr. President, I mission of 70,000 refugees as authorized by On page 87, line 26, strike ‘‘the’’ and every- ask unanimous consent that reading of the President for fiscal year 2004. thing thereafter through ‘‘subsection’’ on (b)(1) The Secretary of State shall utilize the amendments be dispensed with. page 88, line 1, and insert in lieu thereof the private voluntary organizations with exper- following: ‘‘and’’. The PRESIDING OFFICER. Without tise in the protection needs of refugees in the AMENDMENT NO. 1986 objection, it is so ordered. processing of refugees overseas for admission The amendments are as follows: and resettlement to the United States, and On page 20, line 9, before the colon, insert AMENDMENT NO. 1978 shall utilize such agencies in addition to the the following: ‘‘, of which up to $1,000,000 may be available for administrative expenses (Purpose: To provide funding to protect and United Nations High Commissioner for Refu- of the United States Agency for Inter- promote media freedoms in Russia) gees in the identification and referral of ref- national Development’’. On page 27, line 1 after the colon insert the ugees. following: ‘‘Provided further, That $5,000,000 (2) The Secretary of State shall establish a AMENDMENT NO. 1987 shall be made available to promote freedom system for accepting referrals of appropriate On page 34, line 17, strike ‘‘$2,500,000’’ and of the media and an independent media in candidates for resettlement from local pri- insert in lieu thereof: ‘‘$3,500,000’’. vate, voluntary organizations and work to Russia:’’. AMENDMENT NO. 1988 ensure that particularly vulnerable refugee AMENDMENT NO. 1979 groups receive special consideration for ad- (Purpose: To withhold funds for foreign as- (Purpose: To provide authority to use eco- mission into the United States, including— sistance for nations that refuse to pay dip- nomic assistance appropriations for ‘‘Tran- (A) long-stayers in countries of first asy- lomatic parking tickets) sition Initiatives’’, and for other purposes) lum; Beginning on page 98, strike line 24 and all On page 13, line 22 before the period, insert (B) unaccompanied refugee minors; that follows through page 99, line 10 and in- the following: ‘‘: Provided further, That if the (C) refugees outside traditional camp set- sert the following: President determines that is important to tings; and SEC. 644. (a) Subject to subsection (c), of the national interests of the United States (D) refugees in woman-headed households. the funds appropriated by this Act that are to provide transition assistance in excess of (3) The Secretary of State shall give spe- made available for assistance for a foreign the amount appropriated under this heading, cial consideration to— country, an amount equal to 110 percent of up to $5,000,000 of the funds appropriated by (A) refugees of all nationalities who have the total amount of the unpaid fully adju- this Act to carry out the provisions of part close family ties to citizens and residents of dicated parking fines and penalties owed by I of the Foreign Assistance Act of 1961 may the United States; and such country shall be withheld from obliga- be used for purposes of this heading and (B) other groups of refugees who are of spe- tion for such country until the Secretary of under the authorities applicable to funds ap- cial concern to the United States. State submits a certification to the appro- propriated under this heading: Provided fur- (4) Not later than 90 days after the date of priate congressional committees stating ther, That funds made available pursuant to enactment of this Act, the Secretary of that such parking fines and penalties are the previous proviso shall be made available State shall submit a report to the appro- fully paid. subject to prior consultation with the Com- priate congressional committees describing (b) Funds withheld from obligation pursu- mittees on Appropriations’’. the steps that have been taken to implement ant to subsection (a) may be made available AMENDMENT NO. 1980 this subsection. for other programs or activities funded by (Purpose: To permit USAID to modify the (c) Not later than September 30, 2004, if the this Act, after consultation with and subject terms of guaranteed loans, and for other actual refugee admissions numbers do not to the regulation notification procedures of purposes) conform with the authorized ceiling on the the appropriate congressional committees, On page 14, line 6 strike ‘‘costs’’ and insert number of refugees who may be admitted, provided that no such funds shall be made the following: ‘‘costs, including the cost of the Secretary of State, the Secretary of available for assistance to a foreign country modifying such direct and guaranteed Homeland Security, and the Secretary of that has not paid the total amount of the loans,’’. Health and Human Services shall report to fully adjudicated parking fines and penalties On page 14, line 7 before the period insert Congress on the— owed by such country. the following: ‘‘: Provided further, That funds (1) execution and implementation of the (c) Subsection (a) shall not include made available by this paragraph and under refugee resettlement program; and amounts that have been withheld under any this heading in prior Acts making appropria- (2) reasons for the failure to resettle the other provision of law. tions for foreign operations, export financ- maximum number of refugees. (d) The Secretary of State may waive the ing, and related programs, may be used for AMENDMENT NO. 1982 requirements set forth in subsection (a) with respect to a country if the Secretary— the cost of modifying any such guaranteed On page 75, line 17, after ‘‘Afghan’’ insert (1) determines that the waiver is in the na- loans under this Act of prior Acts’’. the following: ‘‘Independent’’. AMENDMENT NO. 1981 tional security interests of the United AMENDMENT NO. 1983 States; and (Purpose: To require a report on the On page 35, line 10, after the semi-colon, in- (2) submits to the appropriate congres- admission of refugees) sert ‘‘and’’. sional committees a written justification for On page 147, between lines 6 and 7, insert Page 35, line 12, strike ‘‘; (3)’’ and insert in such determination that includes a descrip- the following: lieu thereof the following: ‘‘: Provided further, tion of the steps being taken to collect the REPORT ON ADMISSION OF REFUGEES That such funds may not be made available parking fines and penalties owed by such SEC. 692. (a) Congress makes the following unless the Secretary of State certifies to the country. findings: Committees on Appropriations that’’. (e) In this section:

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.029 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13345 (1) The term ‘‘appropriate congressional amendment,’’ a provision that has al- pression, war and persecution across committees’’ means the Committee on Ap- lowed nearly 700,000 persecuted reli- the world. As a child of immigrants, I propriations of the Senate and the Com- gious minorities to come to the United believe that our country’s history and mittee on Appropriations of the House of States. values instruct us to continue wel- Representatives. These individuals have qualified for (2) The term ‘‘fully adjudicated’’ includes coming in the ‘‘tired, the poor, and the circumstances in which the person to whom refugee status based on their member- huddled masses.’’ the vehicle is registered— ship in an ethnic, religious, or national I thank my colleagues for supporting (A)(i) has not responded to the parking vio- minority facing a credible threat of this amendment. lation summons; or state-enforced persecution. AMENDMENT NO. 1989 (ii) has not followed the appropriate adju- In 1998, I traveled to the Balkans to Mr. MCCONNELL. Mr. President, dication procedure to challenge the sum- visit ethnic Albanians Kosovars who there are three additional amendments mons; and had fled their homes in the face of the that have been cleared which we would (B) the period of time for payment or chal- brutal rampage of Slobodan Milosovic. lenge the summons has lapsed. like to act on individually. Many of these refugees eventually There is a Craig amendment regard- (3) The term ‘‘parking fines and penalties’’ came to the United States, and I was means parking fines and penalties— ing reforestation in Afghanistan. I (A) owed to— proud to greet them at Fort Dix in New commend Senator CRAIG for recog- (i) the District of Columbia; or Jersey. nizing a problem that we solved while (ii) New York, New York; and Today, I continue to believe that the we were in Afghanistan 2 weeks ago, (B) incurred during the period April 1, 1997 United States, as a prosperous global which is the country has stripped a through September 30, 2003. leader, has a special responsibility to huge percentage of its trees. As a re- Mr. MCCONNELL. Mr. President, in- those who have been displaced because sult of that, there is enormous erosion cluded in the cleared amendments that of political conflict or those who are that they would not have otherwise I sent to the desk is an amendment by threatened by ethnic, racial, or reli- had. myself providing funding for media gious persecution. Senator CRAIG knows a good deal freedoms to Russia; another McConnell The amendment we included in this about reforestation. He jumped on that amendment providing authority to bill today reflects our serious concern and has offered this very worthwhile ESP assistance for transition initia- about the low number of refugees cur- amendment which would appropriate $5 tives; another one relating to develop- rently gaining entrance to the U.S. million for a reforestation program in Each year, the President designates a ment credit authority guaranteed Afghanistan. I know Senator CRAIG is maximum number of refugees to be ad- loans; and an amendment by Senator hoping this fund will be something like mitted under the U.S. Refugee Reset- BROWNBACK related to refugee admis- a challenge grant in which corpora- tlement Program. It is then up to var- sions. Senator LEAHY has four tech- tions and individuals in America and ious Government agencies to find and nical amendments and one providing foundations in America that have an process those refugees who are eligible funds for administrative expenses for interest in reforestation would con- and to help them gain admission to the USAID in the Democratic Republic of U.S. tribute knowing that at least up to $5 Timor-Leste; another Leahy amend- However, in the past few years, the million of that money will be matched ment increasing funding for Colom- annual number of admitted refugees by the these USAID funds. bian-United Nations High Commis- has been dramatically lower than ceil- It is a very worthwhile project. I sioner for Human Rights; and a Schu- ing set by the President. In fiscal year commend Senator CRAIG for recog- mer amendment withholding funds for 2003, for example, the U.S. admitted nizing this and coming up with a way nations that refuse to pay diplomatic only 28,419 refugees, though the limit to begin to deal with a huge problem parking tickets. had been set at 70,000. related to the rebuilding of Afghani- That is the summary of the amend- With 13 million refugees worldwide, stan. ments that are at the desk. As I have it is unconscionable that the U.S. can- I send the Craig amendment to the indicated, they have been cleared on not offer admission to the full number desk. The PRESIDING OFFICER. The both sides. of individuals legally authorized. Mr. LEAHY. Mr. President, I under- There are various reasons for the clerk will report. The legislative clerk read as follows: stand I am a cosponsor of Senator shortfall in refugees admitted to the BROWNBACK’s refugee amendment. If U.S. It is extremely demanding on our The Senator from Kentucky [Mr. MCCON- not, I should be. NELL], for Mr. CRAIG, proposes an amend- foreign service officers abroad to find ment numbered 1989. The PRESIDING OFFICER. Without and process each refugee applicant. The Mr. MCCONNELL. Mr. President, I objection, it is so ordered. amendment agreed to today attempts ask unanimous consent that reading of Mr. LEAHY. Mr. President, I have no to improve this process by directing objection. These are all cleared on our the amendment be dispensed with. the Department of State to reach out The PRESIDING OFFICER. Without side of the aisle. to international non-profit organiza- The PRESIDING OFFICER. Is there objection, it is so ordered. tions and private voluntary organiza- The amendment is as follows: further debate? If not, without objec- tions to help identify refugee appli- tion, the amendments are agreed to en (Purpose: To facilitate a reforestation cants. program in Afghanistan) bloc. Our amendment also urges the Sec- The amendments (Nos. 1978 through On page 75, line 15 after the colon insert retary of State to prioritize those refu- the following: 1988), were agreed to. gees who are most in need, so we can Provided further, That of the funds made Mr. LEAHY. Mr. President, I move to ensure that humanitarian consider- available pursuant to this section, not less reconsider the vote. ations not political ones determine the than $5,000,000 shall be made available for a Mr. MCCONNELL. I move to lay that order of the waiting list for entry. reforestation program in Afghanistan which motion on the table. There is a refugee crisis in the world, should utilize, as appropriate, the technical The motion to lay on the table was and this nation must play a role in try- expertise of American Universities: Provided further, That funds made available pursuant agreed to. ing to solve this crisis. On the African Mr. LAUTENBERG. Mr. President, I to the previous proviso should be matched, continent alone, some 45 countries host to the maximum extent possible, with con- have offered an amendment to this for- over 3.3 million refugees. These num- tributions from American and Afghan busi- eign operations bill cosponsored by bers are growing as the accelerating vi- nesses: Senators BROWNBACK, KENNEDY, and olence in West Africa continues to up- Mr. LEAHY. Mr. President, I ask LEAHY that will help persecuted refu- root thousands from their homes. unanimous consent that I might be gees across the world. Current civil conflicts in Liberia, the listed as a cosponsor. I think this amendment will enhance Congo and elsewhere suggest that the The PRESIDING OFFICER. Without our Nation’s commitment to humani- number of refugees will increase in the objection, it is so ordered. tarian principles. coming months. The PRESIDING OFFICER. Is there In 1990, Congress passed what has be- I thank my colleagues for remaining further debate? If not, without objec- come known as the ‘‘Lautenberg committed to helping victims of op- tion, the amendment is agreed to.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.015 S28PT1 S13346 CONGRESSIONAL RECORD — SENATE October 28, 2003 The amendment (No. 1989) was agreed The Center is directed by Dr. Saad As a matter of fact, we have taken to. Eddin Ibrahim, a vocal champion of extraordinary steps to make sure that Mr. MCCONNELL. Mr. President, I human rights and democracy in Egypt. no one in America who goes to a physi- move to reconsider the vote. My colleagues may remember that Dr. cian or doctor or hospital or clinic Mr. LEAHY. I move to lay that mo- Ibrahim was arrested on June 30, 2000, comes home infected with AIDS. We tion on the table. on charges that included defaming the did that with the Ryan White Act. We The motion to lay on the table was country’s image. Many in Cairo and dealt with hemophiliacs who have agreed to. abroad believe that Dr. Ibrahim’s ar- blood transfusions. We knew that was a AMENDMENT NO. 1990 rest was a direct response by the Egyp- major cause of the transmission of Mr. MCCONNELL. Mr. President, I tian Government to his investigations AIDS. We stopped that. We test all send to the desk an amendment by into discrimination against the coun- blood. We know it is clean or we will Senator DOMENICI relating to the Inter- try’s Coptic Christian minority and not allow it to be injected in someone’s national Law Enforcement Academy. parliamentary fraud. body. The PRESIDING OFFICER. The Dr. Ibrahim spent several years in That is not true now in Africa. Twen- clerk will report. jail and was finally acquitted this ty-five percent of the blood in Africa is The legislative clerk read as follows: spring after a second retrial. However, transfused without being tested. The Senator from Kentucky [Mr. MCCON- imprisonment neither dulled his desire We also know that in some countries NELL], for Mr. DOMENICI, proposes an amend- for democracy, justice or human rights in Africa as much as 40 percent of the ment numbered 1990. in Egypt nor his passion for pursuing adults have the HIV virus. We know Mr. MCCONNELL. Mr. President, I these fundamental rights in the face of that many more transfusions take ask unanimous consent that reading of repression from the authoritarian place in Africa than in the United the amendment be dispensed with. Egyptian government. States. You would be surprised to know The PRESIDING OFFICER. Without In fact, when my staff visited Dr. that; most people would. Diseases such objection, it is so ordered. Ibrahim in prison almost 2 years ago he as malaria cause anemia, and fre- The amendment is as follows: was just as feisty in support of democ- quently physicians utilize transfusions On page 32, line 7, before the colon insert racy for Egypt as when he passed to deal with that. the following: ‘‘, of which $2,105,000 should be through Washington a few short They have other problems that lead made available for construction and comple- months ago. to the need for transfusions. Many tion of a new facility’’. Given Dr. Ibrahim’s noble cause, the more transfusions take place in Africa. Mr. MCCONNELL. Mr. President, I amendment provides funding for the Many more injections take place in Af- am unaware of any opposition on this center for core support and pro- rica, surprisingly. We find that when side. I believe that is the case on the grammatic activities that promote de- people go to the doctor in Africa, they other side. mocracy, the rule of law and human can receive a pill, but they tend to get Mr. LEAHY. Mr. President, we have rights in Egypt. a shot for whatever their problem is. no objection on this side. I urge my colleagues to support this We believe at least as much as 40 per- The PRESIDING OFFICER. Is there amendment, which underscores that an cent of the injections in Africa are un- further debate? Without objection, the important front in the war on ter- necessary. Perhaps even more of the amendment is agreed to. rorism includes the pursuit of freedom, transfusions are unnecessary. But in The amendment (No. 1990) was agreed democratic institutions, the rule of law addition to being unnecessary, they are to. and human rights in countries highly risky. Mr. MCCONNELL. Mr. President, I That is the problem. When you reuse move to reconsider the vote. throughout the Middle East. Mr. LEAHY. I move to lay that mo- The PRESIDING OFFICER. Is there a needle, you put patients at risk. In tion on the table. further debate? If not, without objec- America, we have gone to extraor- The motion to lay on the table was tion, the amendment is agreed to. dinary lengths to make sure our blood agreed to. The amendment (No. 1991) was agreed is clean and our needles are clean. In to. addition, we have gone to great lengths AMENDMENT NO. 1991 Mr. MCCONNELL. Mr. President, I to make sure that health care workers, Mr. MCCONNELL. Mr. President, fi- move to reconsider the vote. through accidents, won’t prick them- nally I send an amendment by Senator Mr. LEAHY. I move to lay that mo- selves with a needle that might be con- LEAHY and myself to the desk which tion on the table. taminated. Remember, we have only provides assistance to the Ibn Khaldun The motion to lay on the table was about a 1 percent infection rate in the Center for Development in Egypt re- agreed to. United States, whereas in Africa it is lated to democracy building. Mr. MCCONNELL. Mr. President, The PRESIDING OFFICER. The much larger throughout the continent. Senator SESSIONS is here and I am pre- We have numbers from a study in clerk will report. pared to offer an amendment. There- The legislative clerk read as follows: South Africa that between ages 2 and fore, I yield the floor. 15, there are 670,000 children infected The Senator from Kentucky [Mr. MCCON- AMENDMENT NO. 1993 with HIV. Studies have shown that NELL], for himself and Mr. LEAHY, proposes an amendment numbered 1991. Mr. SESSIONS. Mr. President, I some of their mothers are not infected spoke last night about my concern over with HIV. How did they get it? This is Mr. MCCONNELL. Mr. President, I our inadequate attention given to the ask unanimous consent that reading of not a sexually caused problem for most substantial problem of health care the amendment be dispensed with. of them. This is a problem caused, I am transmission of AIDS in Africa. As part The PRESIDING OFFICER. Without afraid, from unsafe health care prac- of this bill, we are moving forward with objection, it is so ordered. tices. The amendment is as follows: a $15 billion program to deal with AIDS Senator LEAHY knows Holly in Africa. Burkhalter of Physicians for Human (Purpose: To provide assistance for the Ibn Khaldun Center for Development in Egypt) Some of the agencies involved have Rights. They have been dealing with been too slow, frankly, to recognize On page 17, line 17, after the colon insert this issue for some time. They have the following: how significant the transmission of concluded that it may be the single Provided further, That of the funds made AIDS is in Africa as a result of medical most significant act we can take to available pursuant to the previous proviso, transmissions. It occurs in two pri- prevent AIDS in the short term in the $2,000,000 shall be made available for the Ibn mary ways. One, throughout Africa world. Khaldun Center for Development: they are reusing needles for injections. We have also discovered that it would Mr. MCCONNELL. Mr. President, I When people come in, they are given take only a relatively small portion of am pleased to offer an amendment—co- shots. There is one story of an elemen- the $15 billion to fix it, the combina- sponsored by the ranking member of tary classroom where all were injected tion of testing and certifying that the subcommittee—that provides $2 with an immunization using the same every transfusion is done with blood million for the Ibn Khaldun Center for needle, something we would not tol- that is clean and safe. You take every Development in Egypt. erate in America. injection in Africa, even some that are

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.033 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13347 unnecessary, but every injection in Af- States and the world understand we ex- cluding the establishment and support of na- rica, if you examined all of those and pect them to confront the medical tional blood services, the provision of rapid gave a free and clean non-reusable nee- transmission issue. HIV test kits, staff training, and quality as- dle for every injection in Africa, we are The good news is, the great news is surance programs.’’. Mr. MCCONNELL. Mr. President, I talking about less than $100 million, that we can bring these percentages to see my friend from Vermont here. really about $75 million. That is what virtually zero. We can stop 1,000 to 2,000 Mr. LEAHY. Mr. President, I think it would take. We are going to be infections per day. We can take it to the Senator has done us all a service spending $3 billion a year in Africa on zero and eliminate this problem for less with his amendment. I ask unanimous AIDS over the next 5 years. than $100 million a year. There has been some dispute over I say let’s do it. We need to have a consent that I may be included as a co- how much of HIV is caused by medical sense of urgency. Mr. Tobias, heading sponsor. The PRESIDING OFFICER. Without transmissions. The WHO says the num- this effort, needs to have a sense of ab- objection, it is so ordered. ber is 10 percent. They say that blood solute urgency. This has been talked Mr. SESSIONS. I thank the Senator transfusions are 5 to 10 percent. They about for years. from Vermont. also say that needles account for 2.5 Last night I had a chart that de- The PRESIDING OFFICER. Is there percent. picted a headline article in the San further debate? I have conducted two hearings before Francisco Chronicle, dated October 27, Without objection, the amendment is the Health, Education Labor and Pen- 1998—5 years ago yesterday—detailing agreed to. sions Committee, of which Senator needles of death, talking about this Mr. MCCONNELL. Mr. President, I ENZI, the Presiding Officer, is an able very problem. Nothing has been done move to reconsider the vote. member. We have taken the best wit- about it. It will not undermine the ef- Mr. LEAHY. I move to lay that mo- nesses we could get. Dr. Gisselquist and fort to deal with the sexual trans- tion on the table. others who are familiar with the issues mission of the disease and it will not, The motion to lay on the table was have testified. I have become more con- in my view, scare people from going to agreed to. vinced than ever that those numbers health care clinics to get treatment— The PRESIDING OFFICER. The Sen- are conservative. But at the 10-percent the only two excuses I have heard to ator from Illinois is recognized. number, the numbers come in at 250,000 date as to why we should not go for- to 450,000 infections per year from ward. AMENDMENT NO. 1966 health care in Africa. I thank the Chair and Senator Mr. DURBIN. Mr. President, I would Imagine that: 250,000 to 450,000 human MCCONNELL for his leadership in man- like to speak for a few moments on be- beings, many of them children, many aging this bill and his willingness to half of an amendment that I believe is of them infants, going to the doctor to listen to my concerns. now pending, offered by Senator get health care, to get a shot, coming The PRESIDING OFFICER. The Sen- DEWINE and myself relative to global home infected with a disease that will ator from Kentucky is recognized. AIDS. lead to their early death. Mr. MCCONNELL. Mr. President, this I thank Senator MIKE DEWINE for his Because it is a matter of such colos- is an excellent amendment that has amazing leadership on public health sal error, we need to confront it, and been cleared on both sides of the aisle. issues, particularly relating to the we can. We can do so much better. I It is an important contribution. The Third World. Most of my colleagues are will be offering an amendment to urge Senator from Alabama is making an ef- not aware of the commitment Senator that we earmark at least $75 million to fort to combat this plague, which is DEWINE and his wife Fran have made fix the problem. I believe in very short clearly the No. 1 public health problem to the island of Haiti, which they have order we can completely fix it. There is in the world today. I thank him for visited, as I understand, 15 different no excuse for any blood in Africa being this important contribution. times. I was fortunate to join him on used that had not been tested. Seventy- Has the Senator sent the amendment one of those trips a few months back five percent of it is tested now. Why to the desk? and to meet with some of the poorest don’t we go the rest of the way? Do you Mr. SESSIONS. Mr. President, I send people in the world, who happen to live think that is not a large number, the 25 the amendment to the desk. in our backyard. They are suffering percent? It is a tremendous number. The PRESIDING OFFICER. Without from the worst conditions you can Particularly, women who go for objection, the pending amendment is imagine and, sadly, also being dev- transfusions after birth or because of set aside. astated by their own AIDS epidemic. malaria and anemia, those kinds of The clerk will report. Senator DEWINE has, through his conditions, are the ones causing the The legislative clerk read as follows: family and friends, politically com- transfusions. They are coming home The Senator from Alabama [Mr. SESSIONS] mitted himself to the people of Haiti. I with AIDS, and they are dying. proposes an amendment numbered 1993. believe this amendment he offers today These numbers don’t consider the Mr. SESSIONS. Mr. President, I ask is consistent with that commitment. fact that people who have been infected unanimous consent that further read- That is why I am honored to be his co- by a health care injection or trans- ing of the amendment be dispensed sponsor on this amendment relative to fusion can go out and infect others, with. global AIDS, which takes an important their spouses, or other people. It cre- The PRESIDING OFFICER. Without step forward in meeting a pledge Amer- ates a cycle of growth in the spread of objection, it is so ordered. ica has made. AIDS that is unacceptable. The amendment is as follows: Senator DEWINE said Friday, when he Dr. Gisselquist says the numbers introduced our amendment, this is should be declining in Africa today. (Purpose: To require that a portion of the clearly the right thing to do. If we funds appropriated for the Global AIDS They are not. The only explanation for Initiative shall be made available for injec- want to put this into perspective, our the failure of the numbers of infections tion safety and blood safety programs) headlines every day focus on the war in Africa to decline, in his view, is On page 23, line 8, strike the period and in- on terrorism and the situation in Iraq, medical transmissions. He has studied sert ‘‘: Provided further, That of the funds ap- as they should; but Secretary of State every study of this issue that has ever propriated under this heading, not less than Colin Powell very eloquently told the been done in Africa. From that, he con- $29,000,000 shall be made available for injec- U.N. a few days ago what his perspec- siders it as high as 30 percent, three tion safety programs, including national tive was. I will quote that: times the number I mentioned before, planning, the provision and international AIDS is more devastating than any ter- three times that number. And on the transport of nonreusable autodisposable sy- rorist attack, any conflict or any weapon of WHO numbers, we are talking about ringes or other safe injection equipment, mass destruction. public education, training of health pro- 1,000 infections per day, a number that viders, waste management, and publication He went on to say: can be fixed. of quantitative results: Provided further, It kills indiscriminately, and without It is time for us to ensure, as part of That of the funds appropriated under this mercy. As cruel as any tyrant, the virus can this bill, that the people who are run- heading, not less than $46,000,000 shall be crush the human spirit. It is an insidious and ning our AIDS program for the United made available for blood safety programs, in- relentless foe. AIDS shatters families, tears

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.036 S28PT1 S13348 CONGRESSIONAL RECORD — SENATE October 28, 2003 the fabric of societies, and undermines gov- reach this goal. We know what the goal will offer an amendment to make up ernments. AIDS can destroy countries and should be. We have set the goal. Amer- that difference. destabilize entire regions. ica has joined in setting it with the I implore my colleagues on both sides That is what Secretary of State Colin World Health Organization, and we are of the aisle, do what is right today, not Powell said to the U.N. I think it is an going to utterly fail in meeting this only for the stability of the world but appropriate introduction in the consid- goal. to give hope to people around the world eration of this important amendment. According to Global HIV Prevention who wonder if anyone notices and any- This is becoming the worst plague the Working Group, current prevention one is listening. We notice, we are lis- world has ever seen. Imagine those spending falls $3.8 billion short of what tening, and the DeWine-Durbin amend- words for a moment, when we consider is needed by 2005. If we close this pre- ment, with so many cosponsors, will the plagues throughout the history of vention gap, if we meet the goals we move us toward providing hope to the world. Already, 25 million people have set—those of us in the West who these families for a future. have been killed by HIV/AIDS. Eight are blessed with the best hospitals, I yield the floor. thousand people die from AIDS every doctors, and technology in the world— The PRESIDING OFFICER (Mr. SES- day—that is 8,000 mothers, fathers, and we can prevent 29 million to 45 million SIONS). The Senator from Ohio. children. Today, another 42 million infections by 2010. Mr. DEWINE. Mr. President, I ask people around the world face a death As the CIA director, Mr. Tenet, re- unanimous consent that the time for sentence from AIDS because they have cently said about AIDS: the noon recess be extended by 10 min- no access to treatment. It can cost as Is this a security issue? You bet it is. With utes. little as a dollar a day. more than 40 million people infected right The PRESIDING OFFICER. Without As parents die, 14 million AIDS or- now, a figure that—by 2010—may reach 100 objection, it is so ordered. phans have been left without the care million, AIDS is building dangerous momen- The Senator from Ohio. and support they need. Unless we act tum in regions beyond Africa. Mr. DEWINE. Mr. President, I thank soon, there will be 25 million AIDS or- As the disease spreads, it unravels so- my colleague from Illinois for his very phans by the end of the decade. cial structures, decimates populations, fine statement and for his sponsorship Reflect for a moment on the scenes and destabilizes entire nations. of this amendment. This is the third that we have seen in Liberia and other The National Intelligence Council time my colleague and I have worked parts of Africa, where we find children found that in five of the world’s most on an amendment on AIDS help for the carrying automatic weapons, hell-bent populous nations, the number of HIV- people of the world who are literally on violence and destruction—children infected people will grow to an esti- dying of this dread disease. I salute who, frankly, have no parental super- mated 50 million to 75 million by 2010. him for his very fine work and for his vision for a variety of reasons, but in- AIDS is particularly devastating na- very fine comments today. creasingly because their parents have tional armies around the world that Last Friday, we offered an amend- died from the AIDS epidemic. The boys ensure stability. In South Africa, ac- ment to the Foreign Operations bill become predatory with these guns, de- cording to the RAND Institute, some that would increase the bill’s current stabilizing villages, societies, and gov- military units have infection rates as funding level for the global AIDS ini- ernments, threatening violence on peo- high as 90 percent. tiative by $289 million, as Senator DUR- ple in a wanton fashion. The girls, This amendment will add $289 million BIN has indicated. This additional fund- these AIDS orphans, sadly without in funding to the battle against AIDS. ing would bring the total fiscal year education and support, many times The President pledged the U.S. would 2004 allocation to $2.4 billion. This $2.4 turn to prostitution, perpetuating the come forward with $15 billion over 5 billion would allow us to meet our goal cycle of infection which will then, of years. This Congress went on record of providing at least $2 billion in bilat- course, not only claim their lives but saying we would spend $3 billion this eral assistance, and it would also allow their children as well. That is the cycle year. The DeWine-Durbin amendment us to meet our current matching com- of AIDS as we know it today. To think moves us to $2.4 billion. We are still mitment to the global fund to fight of orphans alone is a sad thought. To not where we promised we would be. AIDS, tuberculosis, and malaria. think as orphans as predators, or or- But we must take this important step The new AIDS coordinator, Randall phans who are young girls who become forward. I urge my colleagues to join Tobias, would be able to distribute this submissive in societies and perpetuate me. money for the prevention, treatment, sexual disease is to really take to heart As Majority Leader FRIST said so and control of and research in regard the comments of Secretary of State well: to AIDS/HIV, tuberculosis, as well as Colin Powell. History will judge whether a world led by malaria. Each year the world loses a popu- America stood by and let transpire one of I am very pleased a number of our lation greater than the population of the greatest destructions of human life in re- colleagues have joined us as cosponsors the city of Chicago, which I represent. corded history—or performed one of its most of this amendment. In addition to Sen- We lose a population greater than that heroic rescues. ator DURBIN, Senator COLEMAN, Sen- to AIDS. We know how to stop these We can spare babies from AIDS. We ator WARNER, Senator DASCHLE, Sen- deaths. It is not hopeless. For those can give mothers hope. We can give ator LEAHY, Senator GRAHAM of South who have given up and say this is God’s families an opportunity to survive. I Carolina, Senator ALEXANDER, Senator verdict on people who deserve it one have been to Africa. I have met these SANTORUM, Senator COLLINS, Senator way or another, they are not only people. I have sat with them. I have SMITH of Oregon, Senator BINGAMAN, wrong morally, they are wrong medi- cried with them over their plight in Senator CORZINE, Senator BROWNBACK, cally. this world today. I have left feeling Senator LUGAR, Senator ROBERTS, Sen- According to the World Health Orga- helpless and determined to come to ator HAGEL, Senator DOLE, Senator nization, 5 million to 6 million HIV-in- this floor, as often as God gives me the SPECTER, Senator HATCH, Senator CLIN- fected people in developing countries strength to stand behind this desk, and TON, as well as Senator KERRY have immediately need treatment. Fewer fight that we will have money in our also cosponsored this amendment. I than 1 percent of medically eligible budget to meet the promise we have thank them all for their cosponsorship. people in Africa now have access to given to these poor people around the I thank each one of them for their sup- treatment. Less than 1 percent have world. port and for their own efforts to fight access to treatment today. No one else, no other nation, is as the ravages of the global AIDS epi- The World Health Organization de- rich as the United States. No other na- demic. clared AIDS an emergency and prom- tion has stepped forward with this mas- Fighting AIDS is a monumental ised to treat 3 million people by 2005. It sive commitment. The DeWine-Durbin task, a huge effort that will demand is not going to happen. amendment today moves us closer. We the time, resources, support, and cer- Current global spending on AIDS is reached $2.4 billion. We are still about tainly the prayers of the American peo- now less than half of the bare-bones $600 million short of what we promised. ple and people around the world for budget, $10.5 million, that is needed to After this amendment is considered, I years to come.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.039 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13349 It is a global problem with global im- Health Organization, tuberculosis kills and so many people are suffering from plications. It is delicate; it is intricate; 2 million people per year. It is esti- malaria and tuberculosis. We simply it is anything but simple. I think the mated that between 2000 and 2020, near- should not tolerate a world where this American people understand this. They ly 1 billion people will be newly in- suffering and dying occurs. And where certainly need to know this. They need fected by TB; 200 million people will we have the ability and where we have to know we will be fighting against get sick from it; and 35 million people the tools to help make a difference and AIDS and HIV for a long time. will die from it if the control of it is to save lives, we must act, and we must The disease, death, and destruction it not further strengthened. TB is a lead- act quickly. We should not delay. We has left in its wake will not go away ing cause of death among women of re- must act now. overnight, no matter what we do. Our productive age worldwide and it is esti- Every 10 seconds, someone in the amendment today will not completely mated to cause more deaths among world dies because of AIDS. In just the solve this problem. It will not make this group than all causes of maternal short time I have been speaking here AIDS go away, but it will help. It will mortality. With an estimated 3 million on the Senate floor—in just that begin to make a difference. It certainly new cases of TB each year, Southeast time—at least 60 people have died be- can make a difference. The resources Asia is the world’s hardest hit region. cause of AIDS. Those are lives that we this amendment will provide will, in In Eastern Europe, TB deaths are in- can help save. Those are lives that I be- fact, save lives. creasing after almost 40 years of steady lieve we must help save. Let there be no mistake about it; decline. More than 1.5 million TB cases I urge my colleagues to join us, to passing this amendment will save thou- occur in sub-Saharan Africa each year. join Senators DURBIN, COLEMAN, WAR- sands of lives. It will save lives because This number is rising rapidly, largely NER, DASCHLE, LEAHY, GRAHAM of the resources we will provide by this due to the high prevalence of HIV. South Carolina, ALEXANDER, amendment will go to organizations, The fact is, people who are HIV posi- SANTORUM, COLLINS, SMITH of Oregon, groups, doctors, and nonprofit organi- tive or who already have AIDS are far BINGAMAN, CORZINE, BROWNBACK, zations that are already in the field, al- more susceptible to acquiring tuber- LUGAR, ROBERTS, HAGEL, DOLE, SPEC- ready are in these countries, that have culosis. Their compromised immune TER, HATCH, CLINTON, and KERRY in already proven they have the ability to system, quite simply, has a very dif- go out and do the job. So in this regard, supporting this amendment. This ficult time fighting off the TB infec- it is very simple. There are things we amendment will mean more lives can tion. As a result, TB is the leading kill- can do right now to save these lives be saved. It is as simple as that. er of people living with HIV/AIDS. One- and to make an immediate difference. I yield the floor. third of people infected with HIV would For example, as I said Friday, I have f develop TB—one-third. At the end of had the opportunity to travel to Guy- the year 2001, 13.1 million people living RECESS ana and Haiti in this hemisphere and, as we did this past summer, along with with HIV/AIDS were coinfected with The PRESIDING OFFICER. Under tuberculosis. Senator FRIST and other Members of the previous order, the hour of 12:30 In Africa alone, more than 50 percent the Senate, we traveled to the southern having arrived and passed, under the of individuals with active TB are also part of Africa, where we had the oppor- unanimous consent agreement we are HIV positive. And in Asia, TB accounts tunity to see doctors and organizations now in recess until 2:15 p.m. for 40 percent of AIDS deaths. in the field doing the work. They were Thereupon, the Senate, at 12:44 p.m., The spread of malaria is equally already saving lives and they looked at recessed until 2:18 p.m. and reassem- troubling. According to the World us and, in so many words, said: Give us bled when called to order by the Pre- Health Organization, over 40 percent of the resources, give us the help, give us siding Officer (Mr. VOINOVICH). the world’s children live in malaria the assistance we need so we can ex- epidemic countries. Each year, ap- f pand the work we are doing. We saw them in place. What this bill proximately 300 to 500 million malaria FOREIGN OPERATIONS, EXPORT will do is to give them more help and infections lead to over 1 million FINANCING, AND RELATED PRO- assistance so they can expand their deaths, of which over 75 percent occur GRAMS APPROPRIATIONS ACT, work, treat more people and help save in African children. In fact, every 30 2004—Continued seconds an African child dies of ma- more lives. The PRESIDING OFFICER. The Sen- laria. I think the most striking example of ator from Nevada. As with HIV/AIDS, there are some this is when we see a mother who is Mr. REID. Mr. President, Senator relatively simple things we can do to HIV-positive, we know the facts are if LEAHY asked that I fill in for him for help prevent these needless deaths. For she is HIV-positive when she is preg- the next little bit. We have an amend- example, insecticide-treated nets have nant with a child and about to give ment to offer. We have no one here been shown to reduce mortality among birth, the odds are 30 percent that child from the majority, but I am very con- children under 5 years by approxi- will be HIV-positive and that child will fident there is no problem with the mately 20 percent. This translates to be condemned to death. We also know, Senator from North Dakota offering an the prevention of almost half a million though, that for as little as $3, that amendment. I ask unanimous consent deaths each year in sub-saharan Africa mother can be treated and the odds that the pending amendment be set alone. Simple items such as these nets will be reduced from 30 percent to 5 aside so the Senator from North Da- can cost as little as $1.50, while a year’s percent or 4 percent that she will give kota can offer his amendment. supply of insecticides to retreat a net birth to a child who will be HIV-posi- The PRESIDING OFFICER. Without costs from 30 cents to 60 cents. Yet a tive. We can give lifesaving drugs and objection, it is so ordered. recent ‘‘Child Survival’’ series in the that lifesaving treatment for a very The Senator from North Dakota. small amount of money, for the cost of British medical journal The Lancet AMENDMENT NO. 1994 two cups of coffee in the United States. concluded that: We can do that, and we need to do it. Fewer than 5 percent of children in regions Mr. DORGAN. Mr. President, I send In addition to fighting HIV/AIDS, we of Africa with very high prevalence rates of an amendment to the desk. must remain vigilant in our efforts to malaria are using insecticide treated mate- The PRESIDING OFFICER. The fight other global epidemics. That is rials to prevent malaria. clerk will report. another reason this amendment is so Again, as with HIV/AIDS, we as a na- The assistant clerk read as follows: important. The funds it provides, in ad- tion and as a people have the resources The Senator from North Dakota [Mr. DOR- dition to fighting HIV/AIDS, can be and the ability to fight these prevent- GAN], for himself and Mr. SCHUMER, proposes used to fight the spread of tuberculosis able diseases. With this amendment, we an amendment numbered 1994. and malaria. These are two diseases we can do so much good. So I say to the Mr. DORGAN. Mr. President, I ask have the ability to fight, two diseases Members of the Senate, I say to my unanimous consent that reading of the we have an obligation to fight. colleagues, we should not and we must amendment be dispensed with. Like HIV/AIDS, the statistics are not tolerate a world where so many The PRESIDING OFFICER. Without staggering. According to the World people are suffering from HIV/AIDS objection, it is so ordered.

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.042 S28PT1 S13350 CONGRESSIONAL RECORD — SENATE October 28, 2003 The amendment is as follows: no knowledge and no information Again, the chairman and vice chair- (Purpose: To urge the President to release about what was contained in that rath- man of the committee that led or that information regarding sources of foreign er exhaustive report. directed the preparation of this report support for the 9–11 hijackers) The Bush administration has refused say most of that information of the 28 At the appropriate place, insert the fol- to declassify these pages, citing con- pages should be declassified, implying, lowing: cern for intelligence-gathering I believe, since they are not quoted di- SEC. . Sense of the Senate on declas- ‘‘sources and methods.’’ I don’t think rectly, that declassifying that would sifying portions of the Joint Inquiry into In- that is an insignificant issue, by the telligence Community Activities Before and not compromise sources and methods way. I think intelligence gathering and and not compromise our intelligence After the Terrorist Attacks of September the sources and methods for doing so 2001. community. (a) FINDINGS.—The Senate finds that— are important. But it is also impor- My hope is that the Senate, with a (1) The President has prevented the release tant, it seems to me, to ask the ques- sense-of-the-Senate resolution, will to the American public of 28 pages of the tion, Should these 28 pages have been weigh in on this in a very significant Joint Inquiry into Intelligence Community redacted? Should the 28 pages have way and say to the administration Activities Before and After the Terrorist At- been outside the view of the American these 28 pages should be made avail- tacks of September 2001. people, given the fact that this report (2) The contents of the redacted pages dis- able. was done in order to evaluate what Now, in the sense-of-the-Senate reso- cuss sources of foreign support for some of happened leading up to 2001, what was the September 11th hijackers while they lution, I point out that it is the sense were in the United States. happening with respect to our intel- of the Senate that in light of the find- (3) The Administration’s decision to clas- ligence community, what was hap- ings—and I have a series of findings— sify this information prevents the American pening with respect to other countries? the President should declassify the 28- There has been a great deal of specu- people from having access to information page section of the joint inquiry into about the involvement of certain foreign lation about Saudi Arabia. It is as- intelligence community activities be- governments in the terrorist attacks of Sep- sumed that somehow in these pages fore and after the terrorist attacks of tember 2001. there is discussion about the Saudis. 2001 that deal with the foreign sources (4) The Kingdom of Saudi Arabia has re- The Saudi Government is implicated quested that the President release the 28 of support for the 9/11 hijackers and by some because 15 of the 19 hijackers pages. that only those portions of the report were from Saudi Arabia. Even the lead- (5) The Senate respects the need to keep that would directly compromise ongo- ers of the Saudi Government, who some information regarding intelligence sources ing investigations or reveal intel- and methods classified, but the Senate also have said are the object of the redacted ligence sources or methods should re- recognizes that such purposes can be accom- pages, want it declassified. They are plished through careful selective redaction angry and embarrassed at being singled main classified. In point of fact, those whose expert of specific words and passages, rather than out and want to defend themselves, and opinions I respect have said they have effacing the section’s contents entirely. therefore they want this declassified. (b) SENSE OF THE SENATE.—It is the sense How much of the 28 pages could be read the redacted or the censored or of the Senate that in light of these findings classified portions very carefully and the President should declassify the 28-page declassified? Senators GRAHAM and SHELBY, the former chair and cochair believe most of it should not have been section of the Joint Inquiry into Intelligence classified; most of it should have been Community Activities Before and After the of the Intelligence Committee who di- Terrorist Attacks of September 2001 that rected the report are quoted saying the made available to the American people. deals with foreign sources of support for the following: ‘‘I think they are classified If that is the case, and if the Saudi 9–11 hijackers, and that only those portions for the wrong reason,’’ the former vice Government itself has said this infor- of the report that would directly compromise chairman of the Senate Intelligence mation ought to be declassified, let us ongoing investigations or reveal intelligence Committee told NBC’s ‘‘Meet the deal with it on the public record. Then sources and methods should remain classi- Press.’’ ‘‘I went back and read every I believe the American people ought to fied. one of those pages thoroughly. My expect a right to see this information. Mr. DORGAN. Mr. President, this judgment is 95 percent of that informa- My hope is we will have a vote on amendment is a sense-of-the-Senate tion should be declassified and become this amendment, a sense-of-the-Senate amendment. I note there are other uncensored so the American people amendment that will allow the Senate sense-of-the-Senate amendments in would know.’’ Asked why the section in this forum to send a message to the this legislation. I will at the end of my was blacked out, Shelby said: ‘‘I think President and to the White House that statement ask consent that we con- it might be embarrassing to inter- we believe the bulk of this 28-page re- sider waiving points of order. national relations.’’ daction should be made available to Let me describe what the amendment Senator BOB GRAHAM of Florida, who the American people posthaste. is and why I have offered the amend- was the chairman of the committee in- I yield the floor. ment. I offer this amendment on behalf vestigating this, also called for declas- The PRESIDING OFFICER. The Sen- of myself and Senator SCHUMER from sification. He said releasing the report ator from Florida. New York. would permit ‘‘the Saudi Government Mr. GRAHAM of Florida. Mr. Presi- The Congressional Joint Intelligence to deal with any questions which may dent, I commend my colleague, the Committee inquiry into the intel- be raised in the currently censored Senator from North Dakota, for having ligence community activities before pages and allow the American people to offered this sense of the Senate. The and after the terrorist attacks of Sep- make their own judgment about who sense of the Senate has an additional tember 2001 finished its work. This past are our true friends and allies in the significance as we face some funda- summer, when the report was finally war on terrorism.’’ Senator GRAHAM mental issues in the closing days of authorized for release by the adminis- made that request in a letter to Presi- this session. tration, we discovered that the report, dent Bush. First, I will talk about the base con- which took 9 months to write and 7 This is a very important issue and it cerns. As the Senator from North Da- months to declassify, contained 28 has gone on for months and months kota said, the principal purpose of the pages that had been redacted by White and months. This report was developed joint inquiry was to determine what House lawyers. after an extensive amount of study and had been the role of the intelligence I will quote a couple of people, one investigation. The report was then pub- community in the events leading up to who is in the Chamber now. I will lished after being edited by the Bush September 11. In many instances in the quote Senator SHELBY and Senator administration and the White House. course of that pursuit, the committee GRAHAM, the chair and ranking mem- And a rather substantial portion of staff came to unearth FBI reports, CIA ber of the Intelligence Committee that report—most speculate dealing reports, and other intelligence commu- while this inquiry was underway. As I with the Saudis—was censored, classi- nity reports. We were not in a position, indicated, 28 pages of this report were fied, or redacted. That is, the American either in terms of our staff capabilities redacted by White House lawyers. That people are not permitted to see that or our jurisdiction, to then go behind means the American public cannot see which is included in the report on those reports to attempt to validate what was in that report. We will have those 28 pages. them. These were reports written by

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.044 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13351 agents of these appropriate intel- which is going to emerge in the next colleague from Florida is in a very ligence agencies, but we could not, few days. We had a long debate in this unique position. Having worked with from primary sources, validate them. Chamber on the supplemental appro- his colleague from Alabama, Senator The FBI, primarily—and some other in- priations bill, the bill providing $87 bil- GRAHAM and Senator SHELBY provided telligence agencies, as well—were lion for the reconstruction and occupa- a great public service as they initiated tasked to do exactly that, to find out if tion of Iraq. We had a long debate as to this inquiry. their own documents in many cases whether some of that reconstruction The inquiry, as described by my col- could be substantiated. money should be in the form of loans league in part, is an evaluation of Those requests were made approxi- rather than, as the President has in- whether there were other governments mately a year ago. Still, today, many sisted, all of it being in grants. that participated in supporting groups of those requests have not been an- What is one of the practical effects of of terrorists who committed acts of swered. The administration has said, making all of the U.S. money which terror against this country. The answer either directly or in some cases will go into the reconstruction of Iraq to that question is very important. My through intermediaries, that our re- a grant? The answer to that question is colleague indicates that if such a pro- port is deficient in that there is not that one of the consequences, iron- gram were in place or had been in place second- and third-party confirmation ically, will be that we will make all of by another government to support of the statements we include. We in- the countries which currently have groups of terrorists, what leads us to cluded exactly what the FBI or CIA or loans to Iraq that much more solvent believe that parts of that program are other agencies had written. We asked because we will have, without any re- not continuing to still operate and, the appropriate agencies, primarily quest for repayment, made a signifi- therefore, continue to threaten our FBI, to pursue these to determine if cant investment in enhancing the eco- country? they were substantiated, and in many nomic viability of Iraq and, therefore, The very important question with instances that has not occurred. the ability of whatever government is this sense-of-the-Senate resolution is: There is also an issue not of micro placed in ultimate control of Iraq more Should we not have the ability to but of macro importance: This report capable of repaying those loans. know, should full disclosure not be the makes a very compelling case, based on There is a further irony that some of routine rather than the exception? the information submitted by the agen- those countries, which are disclosed in Should the 28 pages that have been cies themselves, that there was a for- the 28 censored pages as having been withheld from the American people be eign government which was complicitous with the terrorists, are made available to them so we all are complicitous in the actions leading up among the list of those creditors of able to evaluate exactly the same set to September 11, at least as it relates Iraq that are going to get this indirect of information? to some of the terrorists who were economic benefit. I believe the Mem- My conclusion is, yes, absolutely. It present in one part of the United bers of Congress, who are going to be ought to be done sooner rather than States. called upon to vote on whether we later. There are two big questions yet to be should grant this indirect benefit to a I have been intending to offer two answered. Why would this government country that has been less than sup- amendments to this appropriations have provided the level of assistance— portive of our Nation’s war on terror, bill. One dealt with this sense of the financial, logistical, housing, support ought to know that before we vote and Senate which I have just offered. The service—to some of the terrorists and then find out later the full con- second dealt with a sense of the Senate not to all of the terrorists? We asked sequences of what we have done. with respect to the cooperation that is So there was an issue as to why these that question. There has been no re- now being received or lack of coopera- 28 pages should have been released sponse. tion by the 9/11 Commission, the other when the report was initially com- My own hypothesis—and I will de- commission that is headed by former pleted in December of 2002. Those scribe it as that—is that in fact similar Governor Kean that is looking into 9/11 issues remain today. And there is the assistance was being provided to all or and the relationship of a series of additional issue of whether we are at least most of the terrorists. The dif- issues, both prior to 9/11 and following, going to inadvertently grant a signifi- ference is that we happened, because of by our intelligence community and cant financial benefit to a country that a set of circumstances which are con- others. has been to say less than our ally in tained in these 28 censored pages, to One of my great concerns is reading the war on terror would be a gross un- in the newspapers just in recent days have an unusual window on a few of the derstatement. terrorists. We did not have a similar I commend the Senator from North about the 9/11 Commission. This is a window on others. Therefore, it will Dakota for having offered this sense of blue-ribbon commission. One of our take more effort to determine if they the Senate. It is a very important former colleagues, Senator Cleland, is were, in fact, receiving that assistance. issue. I hope this Senate will adopt the on the Commission. It is a commission That effort has, in my judgment, been sense of the Senate. If not, if the Presi- that has to finish its work by May of grossly insufficiently pursued. dent continues to refuse to allow the next year. It has a relatively short An even more serious question is American people to have access to this timeframe. Now we hear that they what would lead us to believe that if information, then I hope the Congress have had to issue a subpoena to one of there was this infrastructure of a for- will be willing to use some of the au- the Federal agencies to get them to co- eign government supporting some of thorities that it has to declassify infor- operate giving information to them. the 19 terrorists, that as soon as Sep- mation. Because the higher interest is There were other stories yesterday and tember 11 concluded, as soon as the not in placating this administration’s the day before. They are concerned last flames were put out at the Pen- unwillingness to be forthcoming on the about not getting information from the tagon, the World Trade Center and on issue. The higher interest in this de- White House. the field in Pennsylvania, all that in- mocracy is that the people have access We are not going to be satisfied until frastructure was immediately taken to relevant information which is not an we have everything we need to do our down? Again, this is my hypothesis: I issue of national security but which is job. Governor Kean says—he is a don’t believe it was taken down. I be- a significant issue in terms of under- former Republican Governor from New lieve that infrastructure is likely to standing the consequences of decisions Jersey—this is not about politics. It is still be in place assisting the next gen- that we have and will soon be making. about a blue-ribbon commission having eration of terrorists who are in the I urge adoption of the sense of the access to all of the information so it United States. Senate and again express my admira- can do its job. Those are very fundamental ques- tion to the Senator from North Dakota I find it unbelievable that any agency tions, and if the public had access to for having presented it this afternoon. or crevice or any corner of this Govern- these 28 pages, they would be demand- The PRESIDING OFFICER. The Sen- ment would not open its records and ing answers. ator from North Dakota. provide full and immediate cooperation As I mentioned in the beginning of Mr. DORGAN. Mr. President, let me with the 9/11 Commission. That is the my remarks, there is another issue make a few additional comments. My least we should expect of every single

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.047 S28PT1 S13352 CONGRESSIONAL RECORD — SENATE October 28, 2003 agency. They have had to subpoena in- We ought not to have to come to the Members on constructive legislative formation from the FAA and yet they Senate floor to ask why the White language to enhance the bill; various are not getting information from the House, the FAA, or this or that agency components have received unanimous White House that they are requesting. has not already fully cooperated with committee support. Kean said in an interview that he will the 9/11 Commission. It is in this coun- I thank almost every Member of this resume negotiations with the White try’s interest to see that happen. body who has contributed in one way House this week and hopes to reach a Mr. President, I ask for consideration or another to this amendment because resolution one way or the other on doc- of my amendment. the amendments of almost every Mem- uments the panel is seeking. The Com- Mr. MCCONNELL. Was consent re- ber of this body are a part of the prod- mission has the power to issue sub- quested, Mr. President? I am sorry, I uct we are considering today. That is poenas and Kean says he does not rule didn’t hear. why it not only has enormous bipar- out sending one to the White House. Mr. DORGAN. I asked for consider- tisan support, it has pride of author- Why should we read this in the pa- ation of my amendment. I ask unani- ship of virtually every Senator. pers? I don’t understand it. There mous consent that we waive points of In this amendment, the Senate ought not be any agency, including the order and have my amendment be con- speaks forthrightly on the foreign pol- White House, that does not fully co- sidered. icy challenges that this appropriations operate in every respect immediately bill addresses by setting forth funding Mr. MCCONNELL. Mr. President, I levels for specific programs and with the request for information from object. this 9/11 Commission. projects. This amendment gives voice The PRESIDING OFFICER. Objec- We have had two studies, one initi- to the Senate’s views on issues touch- tion is heard. ated by the Senate Intelligence Com- ing every continent, from the threats Mr. MCCONNELL. Mr. President, in mittee. That is the one that was the of terrorism and weapons of mass de- accordance with the precedent of May focus of my first amendment. The sec- struction, to the safety of Americans 17, 2000, I raise a point of order that the ond was to have been the focus of the working in our embassies overseas, to amendment is not germane. second amendment. Both were sense of the President’s proposed Millennium The PRESIDING OFFICER. The the Senate—first, to declassify the in- Challenge Account, which is designed formation so that the American people point of order is sustained. The amend- to spur economic growth in the poorest will be able to see what was there. ment falls. countries. Don’t censor this material; give the Mr. MCCONNELL. Thank you, Mr. My amendment authorizes appropria- American people information. The sec- President. tions for our diplomats, our foreign aid ond is to say to all Federal agencies, The PRESIDING OFFICER. The Sen- workers, our Peace Corps volunteers, cooperate with the 9/11 Commission ator from Indiana is recognized. many of them in harm’s way. They are fully, completely, and immediately. AMENDMENT NO. 1974 our civilian soldiers in the war on ter- Now, my understanding is, having (Purpose: To authorize appropriations for rorism, and they are engaged in a noble consulted with the majority, they will Foreign Relations and for Foreign Assist- battle against disease, poverty, and hu- raise a point of order against the ance, and to authorize Millennium Challenge manitarian disasters. American dip- amendment I have offered just mo- Assistance) lomats and aid workers have become ments ago because it is ‘‘legislating on Mr. LUGAR. Mr. President, I call up targets in most countries and embas- an appropriations bill.’’ My second amendment No. 1974. sies around the world, but there is no amendment would be the same. They The PRESIDING OFFICER. Is there shortage of recruits who want to be would make a point of order against objection to setting aside the pending trained and sent abroad to do Amer- them, and the point of order would amendment? Without objection, the ica’s work. stand, I expect. So when such a point of pending amendment will be set aside. I thank every member of my com- order is made, I will regret it. I under- The clerk will report. mittee for their hard work during the stand those are the rules of the Senate. The assistant legislative clerk read authorization process. Members on But on the very next piece of legisla- as follows: both sides of the aisle have devoted tion that comes to the floor—and I be- tens of hours to developing construc- The Senator from Indiana [Mr. LUGAR] pro- lieve one is coming later this week poses an amendment numbered 1974. tive approaches to a number of very that is an amendable vehicle and is a difficult foreign policy questions. The Mr. LUGAR. Mr. President, I ask nonappropriations bill—we will vote on Senate Foreign Relations Committee unanimous consent that further read- both of these sense-of-the-Senate has approached many foreign policy ing of the amendment be dispensed amendments. problems in a bipartisan spirit; thus, I might also say that while a point of with. all of our authorizing legislation in S. order will be raised on these, there are The PRESIDING OFFICER. Without 925 passed out of the committee by a sense-of-the-Senate provisions, I be- objection, it is so ordered. vote of 19 to 0. lieve, in the underlying bill, or sense- (The amendment is printed in today’s I thank and commend, once again, of-the-Senate provisions to be added to RECORD under ‘‘Text of Amendments.’’) the distinguished ranking member of it. I will not raise similar points of Mr. LUGAR. Mr. President, I am our committee, Senator BIDEN, for his order. My hope is that all Senators will pleased to offer an amendment that au- abiding cooperation through this whole join me in understanding that this is thorizes the spending contained in this lengthy process of this year. Repub- not partisan or political, it is about appropriations bill. I thank Senator licans and Democrats reasoned to- this country’s interests—our interests MCCONNELL and Senator LEAHY specifi- gether and made compromises that led in preventing future acts of terrorism, cally for the way in which they have to excellent legislation. The members our interests in finding out what hap- worked with me throughout this year of our committee are united in our be- pened, what went wrong, and how we on matters pertaining to foreign pol- lief that the authorization bill con- can improve the intelligence-gathering icy. Our staffs have consulted closely tained in this amendment will enhance system in this country. Who did what? for months, and I believe that our re- U.S. national security. Were foreign governments involved? If spective legislative efforts have been A vote for this amendment is a vote so, which ones and to what extent? enhanced greatly by this cooperation. of confidence in the Senate’s ability to These questions need to be answered. My amendment is an up-to-date help shape a world where peace, jus- Both of my resolutions are designed to version of S. 925, the foreign affairs au- tice, and prosperity might prevail. This do one thing—provide more informa- thorization bill. It contains all of the is not an academic exercise. Authoriza- tion to the American people, No. 1; No. amendments included in the S. 925 Sen- tion legislation is important. If we are 2, to ask every corner of our Govern- ate floor action in July. It is truly a bi- to have a foreign policy that has the ment in every official working of this partisan product. On those 3 days in long-term support of the American peo- Government to decide that they will July in which we debated the bill, we ple, the Congress must be in it on the completely, cooperatively, and imme- considered dozens of amendments from takeoffs as well as the landings. We diately work with the 9/11 Commission both sides of the aisle. The Senate For- should not be satisfied with appro- to provide the requested information. eign Relations Committee worked with priating funds after American soldiers

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.049 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13353 are on the ground. Congress must be in ments I talked about from virtually The PRESIDING OFFICER. The Sen- on the policy formulations and the ful- most, if not all, Senators on this floor. ator from Vermont. fillment of U.S. commitments. Our role The bill exists as it emerged from the Mr. LEAHY. Reserving the right to is to help make the hard decisions, not Senate floor at that time and it puts object, and I apologize because I just just to sign the checks after decisions people first, as well as the safety of arrived on the floor—I am sorry. I are made. Americans who work around the world thought my distinguished friend, the Extensive hearings in the Senate for us. It places a high priority on pro- senior Senator from Indiana, had pro- Foreign Relations Committee have grams that help foreign governments pounded a unanimous consent request. formed this amendment. The Senate cooperate with us in tracking down Mr. LUGAR. Yes. I am prepared to needs the authorization process to terrorists. It authorizes additional accept the passage of the amendment project its voice on foreign policy and funds for security upgrades at embas- by voice vote if it is the pleasure of to have an impact on the direction this sies which we know are among the both managers of the bill. country takes in the world. I believe most threatened U.S. targets in the Mr. LEAHY. I suggest the absence of this step is especially necessary be- world. As we saw in Kenya and Tan- a quorum. The PRESIDING OFFICER. The cause we are now trying to accomplish zania, Americans serving in embassies clerk will call the roll. our legislative work in extraordinary are on the front line in the war against The assistant legislative clerk pro- and dangerous times. These times de- terrorism. ceeded to call the roll. mand the Senate do its duty to pass a The amendment authorized an in- Mr. REID. Mr. President, I ask unan- foreign affairs authorization bill. crease in danger pay for the diplomats imous consent that the order for the Up to this point, we have not done who serve in high-risk posts. We are in quorum call be rescinded. our duty. We are asking a great deal of a race to prevent terrorists from ac- The PRESIDING OFFICER. Without our diplomats, our military, and the quiring weapons of mass destruction objection, it is so ordered. administration; and on a daily basis, and the authorization of this amend- Mr. REID. Mr. President, let me say Senators of both parties can be heard ment will increase our capabilities. initially that in my experience in the delivering commentary on the adminis- The amendment authorizes a greater Congress I have learned to recognize tration’s war effort. Our responsibil- American effort to reach out to the Is- the quality of the senior Senator from ities as the elected representatives of lamic world. Beyond the war on ter- Indiana. He is a fine man, an out- the people make such commentary rel- rorism, the amendment places a high standing legislator, and his heart is al- evant and expected. priority on recognizing the deep res- ways in the right place. Even as we perform oversight and ervoir of hope for humanity that re- I understand the importance of the function as loyal critics within our sides in the American heart. It author- State Department authorization bill. I Government, we cannot forget we have izes the fulfillment of our humani- have understood it for the more than our own responsibilities in fighting the tarian instincts, including programs two decades I have been in the Con- war on terrorism. If we function mere- for child survival, nutrition and health, gress. It is important legislation. On ly as critics and commentators without famine assistance and the Peace Corps. this side of the aisle, we understand taking the time and effort to authorize It authorizes the Millennium Challenge that and that is why we have worked so the very legislation that pertains to Account, President Bush’s new pro- hard over the years to try to move for- our Nation’s security, we are failing in gram to invest American development ward. As the Senator from Indiana our duties. This simply cannot con- dollars where they are most likely to knows, it certainly was not his fault, tinue. spur economic growth. but we had great difficulty moving the After September 11, 2001, we know we A lot of work has gone into the delib- bill previously as a result of one Sen- need a robust civilian foreign policy erations on the Millennium Challenge ator. On this legislation he now wants capacity in addition to a strong mili- Account and the final product is sup- to make a part of this foreign oper- tary if we are going to shape a world ported by Republicans and Democrats ations appropriations bill, we have that embraces democracy, tolerance, in the Senate, as well as the President spent 2 days on this bill and during open markets, and the rule of law. But of the United States and the Secretary that period of time we had some good we find the State Department is of State. All of us now support the debate. We adopted some amendments. stretched thin. Our public diplomacy is President’s concept for creating a new But we on this side feel we should move underfunded and unfocused on many means of delivering economic assist- forward as with all legislation and not occasions. Our foreign assistance faces ance to nations that are implementing cut it off. In effect, that is what is hap- constant conflicting pressures and we positive and measurable economic and pening. need to play catchup just to make sure political reforms. We agree with the So without belaboring the point Americans are as safe as possible in President that this and our develop- more, I raise a point of order that this their embassy workplaces, and Ameri- ment assistance programs are impor- is legislating on an appropriations bill. The PRESIDING OFFICER. The Sen- cans who approach those workplaces tant tools in the war on terrorism. ator from Indiana. are as safe as possible. They can prevent failed states, improve Mr. LUGAR. I move to suspend rule We have no civilian surge capacity so our relationships with developing coun- XVI of the standing rules of the Senate our soldiers in Afghanistan and Iraq tries, and reduce impoverished condi- during the Senate’s consideration of end up doing the nonmilitary tasks tions that are conducive to terrorist H.R. 2800 in order to offer amendment that should be done by civilians. Our recruitment. 1974 to that bill. appropriators have been sensitive to The Senate has been diligent this The PRESIDING OFFICER. The Sen- foreign policy needs. They have carried year in moving other foreign policy ator from Nevada. the burden of keeping vital foreign pol- items. Among the measures we have Mr. REID. Mr. President, I think the icy programs going, but a few lines in passed are the global AIDS bill, the question of the two managers of the appropriations bills are not sufficient Moscow Treaty, NATO expansion, and bills: How much time do we need to to provide the needed direction and the Iraq supplemental. The Senate has spend on this? It is my understanding framework and the sustained oversight shown a capacity to act decisively on the issue that has been raised by the this body should be paying to our civil- the Nation’s foreign policy business be- Senator from Indiana will take a two- ian foreign affairs capacity. cause we recognize that in these per- thirds vote to pass the Senate. I am This year the foreign affairs author- ilous times it is our duty to do so. sure there are a few people who wish to ization bill has had to overcome obsta- American national security is at risk, speak on this, and I am sure on our side cles that have had little to do with its and as the leaders entrusted with pass- we could arrive at a reasonable period own merits. This authorizing amend- ing legislation to keep America secure, of time prior to a vote. ment lays out Senate priorities for for- we should include the authorization for The PRESIDING OFFICER. The Sen- eign affairs spending. I have resisted the civilian foreign affairs agencies and ator from Kentucky. adding anything to it that was not ap- their programs among our accomplish- Mr. MCCONNELL. I ask the Senator proved in July in open debate and after ments this year. from Indiana how much time he desires the adoption of the dozens of amend- I ask for adoption of the amendment. before proceeding to a vote?

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.052 S28PT1 S13354 CONGRESSIONAL RECORD — SENATE October 28, 2003 Mr. LUGAR. I respond to the distin- Nor, for that matter, is it a par- ably useful to have authorization bills guished Senator that I would like 15 ticular desire of our committee—which but some Senators almost in the next minutes. voted 19 to zero in behalf of some very breath will say it is not very necessary. Mr. MCCONNELL. Are there any re- important principles that support In other words, if in fact programs are quests for time on the other side? Americans on the civilian side of the not thought through and they are not Mr. LEAHY. Then would the request war against terrorism—to impose our fleshed out and there are not formats be a half hour evenly divided? Is that will upon the Senate. Obviously, we are for them that, by and large, somehow what the Senator is suggesting? not in a position to do so. But I pointed we get along year by year appro- Mr. REID. I think that is totally rea- out in the days of debate on the amend- priating money and adding some ver- sonable, if I could interrupt. We need ment that I have offered today, there biage that gives a hint that someone to check with the ranking member of were tens of amendments offered by authorized these expenditures along the Foreign Relations Committee. Sen- many Senators. A majority, I believe, the way as well as appropriated them. ator HARKIN has agreed to take 15 min- of the body have tried to perfect this We found in July when Senator BIDEN utes. We don’t know of anyone else who bill. It is not a controversial bill. It is, and I were attempting to manage this wished to speak on it, other than the in fact, a statement of the best motiva- bill that there were a lot of Senators manager of the bill. tion, the idealism of the Senate. It is who were in favor of what we were I hope, if we can go into an extremely our best collective effort to try to meet doing but some Senators said we have brief quorum call, we can come up with an imperative in the war against ter- not really had our day on the floor; we a time agreement very quickly. rorism. have really not had a chance to offer Mr. MCCONNELL. Mr. President, I At this point, a point of order has our agenda; the reason we couldn’t was hope we can move on with this very been raised that this is legislation on because the format of the Senate al- quickly. I think a brief quorum call is an appropriations bill. Indeed, it is. I ways seemed to be taking up appropria- a good idea. I therefore suggest the ab- have made a motion to waive that re- tions bills; and rule XVI says you can- sence of a quorum. quirement, given what I believe is the not have authorization of general legis- The PRESIDING OFFICER (Mr. gravity and the importance of the lives lation. Therefore, we were cut out from CRAPO). The clerk will call the roll. of the Americans we are trying to any consideration of objectives which The assistant legislative clerk pro- serve. we thought were very important. As a ceeded to call the roll. Members may decide that they wish result, we came along with an author- Mr. MCCONNELL. Mr. President, I to debate procedure today. And proce- ization bill and Senators said finally ask unanimous consent that the order dure in the Senate and the rules of the we have an authorization bill. This of- for the quorum call be rescinded. Senate are very important. But the fers us the opportunity to pile in every- The PRESIDING OFFICER. Without rules of the Senate also permit, as one thing that we have. objection, it is so ordered. rule of the Senate, the waiver, so that The Senators who argued against Mr. MCCONNELL. Mr. President, I authorization might occur on an appro- that point of view said, no, that really ask that there be 30 minutes of debate, priations bill. wasn’t what the debate on foreign pol- equally divided, on the Lugar amend- Some Senators have approached me icy was about. But the opposition to ment, after which we will have a vote and indicated they think there is a lot that was simply we understand that, on that amendment. Have we had the of merit in the bill. As a matter of fact, but we have not had our chance and we yeas and nays? some of their own work is in this bill, Mr. LEAHY. I ask for the yeas and don’t see that we are going to have our in this amendment I am offering. Yet nays on Lugar—on the motion to chance. We don’t see another author- at the same time, they are reluctant to waive. ization bill coming along the pike. Mr. REID. No, on the motion to sus- vote for my waiver on this occasion, Therefore, although yours will some- pend. my desire to set aside rule XVI, be- how disappear in the midst of all of Mr. LEAHY. On the motion to sus- cause they believe there are, after all, these other discussions, that has hap- pend; I am sorry. many considerations the Senate might pened for years. Very seldom do we The PRESIDING OFFICER. Is there a be taking up today. There is a broad pass authorization bills, and in the sufficient second? gamut of domestic issues, for that mat- case of foreign relations, as a matter of There appears to be a sufficient sec- ter, discussions of foreign policy—var- fact, not many for many, many years. ond. ious ideas that might come to Senators As a result, our staff found as we ap- The yeas and nays were ordered. that might be quite welcome to our na- proached the State Department and The PRESIDING OFFICER. Is there tional debate. foreign assistance and what have you objection to the request? I do ask for consideration of the that this year there was a need for Without objection, it is so ordered. whole package of the ideas, authoriza- cleanup of a lot of our case activity, Who yields time? tions, and support that my amendment and we hope to do some more of that The Senator from Indiana. provides the Senate today because I be- work next year. One reason for that is Mr. LUGAR. Mr. President, I yield lieve it is important to our country. I if you do not have authorization bills myself 10 minutes at the outset of this believe it is important, as a statement and force things to happen, no one real- debate. of who we are, that we are doing busi- ly examines legislative language. Mr. President, I regret that objection ness. We might make a statement, There are a whole series of bureauc- has been made, although I understand when we have this vote, that we are racies and responsibilities from year to the reasoning of those who have made prepared, really, not to do business, year. No one pays attention and, legis- the objection. but in our own internal difficulties we latively, no one cares. I identified this as the State Depart- are prepared to frustrate each other at Let me say we do care. In fact, a ment authorization bill, a bill that also almost every pass. large majority of Senators care about included authorization for the money We enjoy the fact that, as a Senate, the content of this legislation. I be- in the challenge account and, for that we are fairly evenly divided. Yet I lieve it is very important on this occa- matter, a good number of other things pointed out on this particular bill we sion that my proposal to lay aside rule that, in this particular urgent period of are not divided. So there almost has to XVI should be adopted, and that will be the war on terrorism, attempts to help be a very peculiar twist, it seems to our goal. I encourage an ‘‘aye’’ vote brave Americans who are serving in me, that finds this debate whether or not only on the rule XVI waiver but a our embassies, who are serving in hu- not we should authorize the State De- vote on behalf of brave Americans who manitarian ways abroad. I need not re- partment Millennial Challenge. this amendment supports and serves mind the Senate that a number of Beyond that, there has been perhaps and remembers. these brave Americans have lost their a debate in the Senate throughout the I reserve the remainder of my time. lives in recent days and weeks. I need year. It is an important one. It is im- The PRESIDING OFFICER. The Sen- not remind the Senate we are at war. portant to be resolved constructively. ator from Vermont. This is not an incidental amendment or There may be some Senators who Mr. LEAHY. Mr. President, how a last-minute whim of one Senator. would say that, by and large, it is prob- much time remains to each side?

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.054 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13355 The PRESIDING OFFICER. There minute. I suggest the absence of a to victims and their families, to are 15 minutes in opposition, and 6 quorum. strengthen airport security, to improve minutes for the proponents. The PRESIDING OFFICER. The security of our borders, to strengthen Mr. LEAHY. Obviously, if the distin- clerk will call the roll. our defenses against bioterrorism, and guished Senator from Indiana needs The legislative clerk proceeded to to give law enforcement and intel- more time, I would not object to a call the roll. ligence officers enhanced powers to in- unanimous consent request from him. Mr. KENNEDY. Mr. President, I ask vestigate and prevent terrorism. But Does the Senator from Iowa wish that the order for the quorum call be the one thing we have not done is to time? rescinded. try to deal with the hate crimes issue. Mr. HARKIN. I have an amendment The PRESIDING OFFICER. Without We are prepared to vote on that. We but I am not seeking time on this objection, it is so ordered. are interested in half an hour time lim- amendment. Mr. KENNEDY. Mr. President, as I itation, but we are told people have Mr. LEAHY. Mr. President, I suggest understand, the amendment before the holds on that legislation. Members will the absence of a quorum. Senate is the State Department reau- refuse to let the Senate consider this The PRESIDING OFFICER. The thorization legislation. I commend the legislation. I have indicated to the clerk will call the roll. Senator from Indiana and the Senator Senator from Indiana that I am pre- The legislative clerk proceeded to from Delaware for fashioning the reau- pared to permit and support the State call the roll. thorization. It has not been done for a Department reauthorization, but at Mr. LEAHY. Mr. President, I ask number of years, and I am very strong least give us some opportunity to vote unanimous consent that the order for in support of that proposal. If the on hate crimes as a clean bill with a the quorum call be rescinded. amendment of the Senator from Indi- short time limit. We will take next The PRESIDING OFFICER. Without ana is effective, we will lose the oppor- week or the week after. We will even objection, it is so ordered. tunity to have at least considered one take a date in January or February of Mr. LEAHY. Mr. President, time is of the very important amendments to next year, but give us an opportunity running. I ask unanimous consent that the State Department reauthorization to vote on hate crimes. The other side the time under the quorum call not be which dealt with hate crimes. I think says no—not the Senator from Indi- charged against the side of the distin- it is entirely appropriate we have an ana—but the other side says no. So we guished Senator from Indiana. opportunity to address the hate crimes are in a situation that says, well, let’s The PRESIDING OFFICER. Without issue on the State Department reau- circumvent or at least use the rules in objection, it is so ordered. thorization because the State Depart- such a way that will say we have two- Mr. LEAHY. Mr. President, that ment reauthorization obviously is deal- thirds of the Senate that will permit leaves us how much time on each side? ing with foreign policy issues, and the him to use this reauthorization and ef- The PRESIDING OFFICER. The op- origin of hate crimes is domestic ter- fectively deny the Senate the oppor- ponents have 11 minutes 12 seconds, rorism. We have seen in recent times tunity to address the hate crimes issue. and the proponents have 6 minutes 12 the growth of hate crimes in the I don’t fault the Senator from Indiana, seconds. United States. It is of significant im- but if this goes on, I am going to be Mr. LEAHY. Mr. President, I don’t portance. Hate crimes are not just there on the next amendment offering know if we have people coming to crimes against an individual; they are the hate crimes bill. Make no mistake speak. If no one does, I will soon yield crimes against a group in our society. about it. Make no mistake about it. We back the time so we can vote. I urge, as They do not just do damage to an indi- will have the opportunity and the time Senator MCCONNELL has and as the vidual; they do something to our whole to take this up. leaders have, those who have amend- sense of community. That is why they I might mention there are some ments on which they seek votes to are so treacherous. That is why they other issues as well, including the issue come to the floor and offer their are so heinous. That is why they are so of the minimum wage. Here we just in- amendments. I know that the intent of wrong. creased our own salaries by $3,400 and Senator MCCONNELL and myself is if We have seen the hate crimes that we have not been given an opportunity there are no other amendments waiting have taken place on the basis of race, to increase the minimum wage by 75 to be disposed of or pending, we plan to and on the basis gender, and the basis cents an hour for 2 years. We are de- go to third reading. Going to the third of sexual orientation. Particularly the nied that opportunity. We are excluded reading could be in a matter of the time of the tragic circumstances sur- from that. We had that as an amend- next couple of hours at that pace. rounding the death of Matthew ment to the State Department author- Some Senators have said they had a Shephard, whose death in Wyoming ization and we were told we cannot number of amendments. At such point was tragic. He had studied overseas and have an hour to debate that. that there are no amendments pending, was fluent in Arabic and German be- Meanwhile, we see what is happening it is our intention to go to third read- fore joining the Federal service. to the people at the lowest end of the ing. Mr. President, crimes motivated by economic ladder, primarily women. I suggest the absence of a quorum hate because of the victim’s race, reli- Regarding the minimum wage, it is a wom- and ask unanimous consent that the gion, sex, ethnic background, and dis- en’s issue because a majority of those receiv- time be charged to my side. ability are not confined to geo- ing the minimum wage are women. It is a The PRESIDING OFFICER. Without graphical boundaries of our great Na- children’s issue because one-third of the objection, it is so ordered. tion. The current conflicts in the Mid- women who receive the minimum wage have The clerk will call the roll. dle East, the ethnic cleansing cam- children. It is a civil rights issue because a The legislative clerk proceeded to paigns in Bosnia, Rwanda or the Holo- disproportionate number of the men and call the roll. caust itself demonstrate that violence women who receive the minimum wage are men and women of color. And it is a fairness Mr. LEAHY. I ask unanimous con- motivated by hate is a worldwide dan- issue. In this country of ours, people who sent that the order for the quorum call ger. We have a special responsibility to work 40 hours a week, 52 weeks, ought to be rescinded. combat it here at home. have a living wage. But we are denied that The PRESIDING OFFICER. Without Since the September 11th attacks, we opportunity. What is it about our Republican objection, it is so ordered. have seen a shameful increase in the friends that they refuse to permit the Senate Mr. LEAHY. Mr. President, I note the number of hate crimes committed to go on record on these issues? senior Senator from Massachusetts has against Muslim Americans, Sikh Now we are asked, let’s have an ex- arrived. I ask the Chair how much time Americans, and Americans of Middle ception. If we have an exception to is remaining. Eastern descent. Congress has done this, we should face up to minimum The PRESIDING OFFICER. Those in much to respond to the vicious attacks wage, to hate crimes, and other issues. opposition have 9 minutes and 12 sec- on September 11. We authorized the use Fair is fair. I am for this legislation. It onds. of force against terrorists and those is up to the majority to set the agenda Mr. KENNEDY. I appreciate it. I will who harbor them in other lands. We and give us an opportunity to vote on be prepared to address the Senate in a have enacted legislation to provide aid these issues and not deny a vote in the

VerDate jul 14 2003 23:52 Oct 28, 2003 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.062 S28PT1 S13356 CONGRESSIONAL RECORD — SENATE October 28, 2003 Senate in terms of hate crimes and simply on behalf of a committee that our party, that was my duty, given the minimum wage. They say no, no way, voted 19 to zero and on behalf of a Sen- fact that our party had not had an op- you are not going to get your oppor- ate that approved tens of constructive portunity to consider those proposals. tunity. amendments, to try to forward that I would just say, personally, I am I hope this amendment will not be work product while there is still an op- hopeful that consideration will be accepted. I hope we can work this out portunity this year. given to the Senator from Massachu- with the majority leader. We have This is the moment in which Sen- setts and to all Senators for proposals tried, we have tried, we have tried, and ators must make that sort of decision. that are constructive. Those two have we have tried, but to no avail. Since it Some may wish to make it on the basis a lot of constructive emphasis, and it is of no avail and we do not have co- of procedure or the basis of how the may well be that before March 15, the operation, there will be no alternative two parties get along with each other Senate will be able to entertain those for me other than to offer the amend- in the Senate. But I would plead with motions. I hope the Senator under- ment. Senators that this is important by stands my objection today. That is why I withhold the remainder of my time. itself. It is an important, relevant vote I stated it as a part of this conclusion. The PRESIDING OFFICER. Who for American security and American Once again, I am hopeful that Sen- yields time? good governance. ators will vote constructively in favor The Senator from Indiana. I believe the American people respect of the foreign relations bill. Mr. LUGAR. Mr. President, I yield this effort. They want us to do this. I thank the Chair. I yield back my myself the remainder of the time. They want Senators to vote aye, even time. Let me respond as thoughtfully and though some may say this is at least The PRESIDING OFFICER. All time calmly as I can because the distin- an opportunity to make points on having expired, the question is on guished Senator from Massachusetts other discussions at the expense of the agreeing to the motion to suspend rule has indicated he has been a very strong totality of all of it ending up in failure. XVI with regard to amendment No. friend of American diplomacy, of our I appreciate very much the coopera- 1974. diplomats abroad, of those who are at tion of the managers of the bill. I The yeas and nays have been ordered. risk presently in the war against ter- thank, once again, my distinguished The clerk will call the roll. ror. I appreciate that. I have visited ranking member, Joe Biden, who has The legislative clerk called the roll. with him about ways in which we could served our committee well as chairman Mr. REID. I announce that the Sen- have an authorization bill for the State and as a member for three decades, for ator from North Carolina (Mr. ED- Department, the millennium challenge, all of the constructive work. I thank WARDS), the Senator from Massachu- and the other issues that were in this especially the members of the staffs on setts (Mr. KERRY), and the Senator comprehensive Senate bill, S. 925, both sides of the aisle who have dili- from Connecticut (Mr. LIEBERMAN) are originally, as amended by so many gently devoted hundreds of hours of necessarily absent. Senators. The Senator’s statement il- constructive work trying to reform as- I further announce that, if present lustrates precisely the problem on pects of the State Department, a bu- and voting, the Senator from Massa- which Senators must now vote. reaucracy of our Government that had chusetts (Mr. KERRY) would vote That is, simply, if we are to have an not been observed and touched for a ‘‘nay.’’ authorization bill this year for the long time and which this bill, an au- The PRESIDING OFFICER (Mr. State Department, this is the oppor- thorization bill, has really the unique CHAFEE). Are there any other Senators tunity. We had an opportunity in July. capacity to do. in the Chamber desiring to vote? The distinguished Senator from Massa- For all these reasons, I ask that Sen- The yeas and nays resulted—yeas 40, chusetts points out correctly that he ators vote aye and that we have an op- nays 57, as follows: and other distinguished Senators had a portunity for this legislation to pro- [Rollcall Vote No. 413 Leg.] number of issues that they believed ceed. YEAS—40 were important. Hate crimes and the I thank the Chair. minimum wage are two of them. And Alexander Craig Kyl The PRESIDING OFFICER. The Sen- Allen Crapo Lott there were additional ideas that Sen- ator from Massachusetts has 20 sec- Bayh DeWine Lugar ators wanted to present. They made onds. Biden Dole McCain the point at that time that they be- Bond Domenici Murkowski Mr. KENNEDY. Mr. President, I ask Brownback Enzi lieved that on our side of the aisle, unanimous consent that the hate Smith Bunning Feingold Snowe they had not been given an opportunity crimes bill be considered as original Burns Fitzgerald Sununu Campbell Grassley to forward their agenda, to have a time text before March 15 on the floor of the Talent Carper Hagel Thomas certain for clean bills. Senate. Chafee Hatch Voinovich Therefore, although in some cases The PRESIDING OFFICER. Is there Coleman Hutchison they said, we regret the fact that the objection? Collins Inhofe Warner State Department authorization bill is Mr. LUGAR. I object. Cornyn Jeffords likely now to be withdrawn and not to The PRESIDING OFFICER. Objec- NAYS—57 happen, essentially it hasn’t happened tion is heard. Akaka Ensign Miller for many years. As a matter of fact, Mr. KENNEDY. I make a similar re- Allard Feinstein Murray very few authorization bills were hap- quest in terms of the minimum wage Baucus Frist Nelson (FL) Bennett Graham (FL) Nelson (NE) pening. The only reason, I gather, that before March 15 of next year. Bingaman Graham (SC) Nickles hate crimes and unemployment com- The PRESIDING OFFICER. Is there Boxer Gregg Pryor pensation came up in July was a belief objection? Breaux Harkin Reed on the part of proponents of those ideas Byrd Hollings Reid Mr. LUGAR. I object. Cantwell Inouye Roberts that they had no other authorization The PRESIDING OFFICER. Objec- Chambliss Johnson Rockefeller bill on which to have a debate or to at- tion is heard. Clinton Kennedy Santorum tach their amendments, that the ap- Mr. KENNEDY. I yield back the re- Cochran Kohl Sarbanes Conrad Landrieu Schumer propriations procedure we are under mainder of my time. Corzine Lautenberg Sessions today precluded all of that. The PRESIDING OFFICER. The Sen- Daschle Leahy Shelby I ask that even those who are strong ator from Indiana has 1 minute 15 sec- Dayton Levin Specter proponents of legislation dealing with onds remaining. Dodd Lincoln Stabenow Dorgan McConnell Stevens the minimum wage and hate crimes Mr. LUGAR. Mr. President, let me Durbin Mikulski Wyden support the authorization of legislation just say, in view of the two proposals that helps civilian Americans who are made by the distinguished Senator NOT VOTING—3 at risk in the war against terror now. from Massachusetts, I offered objection Edwards Kerry Lieberman That is an important objective. It has on both of these counts because I am The PRESIDING OFFICER. On this not been my purpose to try to frustrate the only Republican Senator in the vote, the yeas are 40, the nays are 57. the aims of any Senator but, rather, Chamber. On behalf of the leadership of Two-thirds of the Senators voting not

VerDate jul 14 2003 01:17 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.064 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13357 having voted in the affirmative, the ing me to offer this amendment at this with me and walk through her painful motion to suspend rule XVI pursuant time. experience. The next day I contacted to notice previously given in writing is There is an amendment I have at the President Bush urging him to press the rejected. The point of order is sus- desk, No. 1995. I understand I have the Indonesian government to conduct a tained and the amendment falls. right to modify that. I send the modi- comprehensive investigation into the The Senator from Vermont. fication to the desk. attack. Mr. LEAHY. Mr. President, I am The PRESIDING OFFICER. Without Immediately after the ambush, an in- shortly going to bring up an amend- objection, the pending amendments are vestigation into the ambush was con- ment on UNFPA. I know the distin- set aside. The clerk will report the ducted by the Indonesian civil police. guished Senator from Iowa was here amendment. The police report implicated the Indo- waiting. The assistant legislative clerk read nesian military in the attack, but indi- Mr. MCCONNELL. Will my friend as follows: cated that further investigation into from Vermont yield, just for an obser- The Senator from Colorado [Mr. ALLARD] the ambush needed to be done. Shortly vation? The Senator from Colorado is proposes an amendment numbered 1995, as after the police report was filed, the In- here. He has an amendment which I be- modified. donesian military exonerated them- lieve is acceptable. I wonder if we could Mr. ALLARD. I ask unanimous con- selves from the attack. go ahead and process that. sent the reading of the amendment be Only after diplomatic pressure from Mr. LEAHY. Mr. President, obviously dispensed with. the United States did the Indonesian I will follow the lead of my friend from The PRESIDING OFFICER. Without government decide to continue the in- Kentucky. If the Senator from Colo- objection, it is so ordered. vestigation into the ambush. The Indo- rado has one that is going to be accept- The amendment is as follows: ed, let’s do that. I ask we do that and nesian government also promised to then go to the Senator from Iowa. I (Purpose: To limit international military permit the full participation of the education and training funds from being FBI. Despite visiting the country mul- hope he would accept a time agreement made available for Indonesia) just so we can get moving because, as tiple times, the FBI has not received On page 147, between lines 6 and 7, insert the cooperation it needs to determine I stated earlier, certainly on my side, the following new section: once there are no amendments pending, who was responsible for these brutal LIMITATION ON THE PROVISION OF IMET FUNDS murders. I am ready to go to third reading. TO INDONESIA Mr. MCCONNELL. We are looking at At this juncture, there are indica- Sec. 692. (a) Subject to subsection (c), no the amendment of the Senator from tions that Indonesian military may funds appropriated by title IV of this Act, have had some involvement in this at- Iowa and hope to get back to him under the subheading ‘‘INTERNATIONAL MILI- tack. Yet, despite these continued alle- shortly as to whether we can support TARY EDUCATION AND TRAINING’’ under the it. In the meantime, if it is all right heading ‘‘FUNDS APPROPRIATED TO THE PRESI- gations and lack of cooperation, the In- with my colleagues— DENT’’ shall be made available for military donesian government and its military Mr. REID. Will the Senator yield just education and training for Indonesia. still receives U.S. assistance through for a brief question? (b) Nothing in this section shall prohibit the International Military Education Mr. MCCONNELL. Yes. the United States Government from con- Training fund. I believe that until a Mr. REID. Mr. President, Senator tinuing to conduct programs or training full and open investigation has been BYRD is on a very important appropria- with the Indonesian Armed Forces, including completed and those responsible are counter-terrorism training, officer visits, tions conference committee. He is prosecuted, IMET funding for the Indo- going to recess tonight at 6 o’clock. port visits, or educational exchanges that are being conducted on the date of the enact- nesians should be denied. Senator BYRD cannot be here until 6 ment of this Act. Since my face-to-face meeting with o’clock. On his amendment he would (c) The President may waive the applica- Mrs. Spiers, I have continued to work like to speak for 20 minutes. tion of subsection (a) if the President— with the administration, FBI inves- Senator LANDRIEU, as I have said be- (1) determines that the national interests tigators, and colleagues here in the fore, has an amendment she wishes to of the United States justify such a waiver; Senate with two distinct goals in mind. offer. She said she could speak for 15 and The first is to deny the release of funds (2) submits notice of such a waiver and a minutes on her side on that. until the Indonesians have completed Senator HARKIN has an amendment. justification for such a waiver to the Com- the investigation into these murders. If that cannot be worked out, he wants mittee on Appropriations of the Senate and The second goal is to ensure that an 15 or 20 minutes. And there, of course, the Committee on Appropriations of the House of Representatives in accordance with impartial investigation, with help from are a couple of other things that need the regular notification procedures of such to be resolved. I just indicate that ev- the FBI, is conducted into the brutal Committees. attack so that those responsible will be eryone on our side, as Senator LEAHY Mr. ALLARD. Mr. President, this has announced, should come over and brought to justice. start offering these amendments be- amendment, co-sponsored by Senator In no way should the United States cause I have been told by the two lead- Gordon Smith, would prohibit Inter- government provide military assist- ers they want to finish this bill to- national Military Education Training ance to Indonesia until this matter is night. If that is the case, the way funds for Indonesia. It also gives the resolved. What kind of message will we things are moving here—which is not President the authority to waive this be sending to other governments if we very fast—it would be a long night. So prohibition for national security rea- provide this assistance without first I hope they would come over and offer sons. Let me explain why it is impor- determining who was responsible? Just these amendments on both sides. tant for the Senate to consider and ap- as important, what kind of message do The PRESIDING OFFICER. The Sen- prove this amendment. we send to the families of Ted Burgon ator from Kentucky. Nearly 15 months ago on August 31, and Rick Spiers who were murdered in Mr. MCCONNELL. Mr. President, I 2002, 10 Americans living in Indonesia the ambush if we continue this mili- certainly agree with my friend from were brutally attacked less than 6 tary assistance. Are not the lives of Nevada. The idea is to finish tonight. miles from their homes. Hundreds of American citizens more important In order to facilitate that, we have a rounds of ammunition were fired at than this military assistance? Senator on the floor ready to offer an them for 45 minutes, leaving two Amer- I fear that by our inaction we send amendment. I suggest the Senator icans dead and most of the other sur- the wrong message to the world. What from Colorado be allowed to send his vivors nursing multiple bullet wounds. kind of precedent will be set for other amendment forward, say a few words I have had the opportunity to meet Americans who travel overseas? We on its behalf, and let’s adopt it. with one of the survivors of this hor- cannot allow the murder of our citizens Mr. President, I yield the floor. rible tragedy, Mrs. Patsy Spiers, who, to be ignored and the Indonesian gov- The PRESIDING OFFICER. The Sen- along with her husband Rick, was shot ernment should not let those respon- ator from Colorado. multiple times. While Patsy was fortu- sible go unpunished. AMENDMENT NO. 1995, AS MODIFIED nate enough to survive this ordeal, her I appreciate the efforts by the man- Mr. ALLARD. Mr. President, I thank husband was not. In January, Mrs. ager of this bill and his staff for their the Senator from Kentucky for allow- Spiers was brave enough to sit down assistance on this amendment. It is my

VerDate jul 14 2003 00:11 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.067 S28PT1 S13358 CONGRESSIONAL RECORD — SENATE October 28, 2003 hope that we can quickly resolve any ment. I will have to get back to the ASSISTANCE’’, or ‘‘UNITED STATES EMERGENCY concerns with my amendment so it can Senator from Louisiana on her amend- REFUGEE AND MIGRATION ASSISTANCE FUND’’ or be accepted. These American families ment. I have no problem if she would made available for such accounts by any other provision of law for fiscal year 2004 to deserve a resolution and justice. like to explain it and send it to the provide assistance to refugees or internally I look forward to working with the desk. displaced persons may be provided to an or- chairman and ranking member on get- Mr. REID. Mr. President, I ask unan- ganization that has failed to adopt a code of ting agreement on my amendment. imous consent that the pending amend- conduct consistent with the Inter-Agency I need to get the attention of the ment be set aside for Senator LANDRIEU Standing Committee Task Force on Protec- floor manager, the Senator from Ken- to offer her amendment; that following tion From Sexual Exploitation and Abuse in tucky, if I might. the offering and her statement, Sen- Humanitarian Crises six core principles for the protection of beneficiaries of humani- Mr. LEAHY. Mr. President, if the ator BYRD obtain the floor and be al- Senator will yield, I think there may tarian assistance. lowed to make a statement. He indi- (b) In administering the amounts made be a Senator on this side who has a cated he would take approximately 20 available for the accounts described in sub- question. We are not quite prepared to minutes. section (a), the Secretary of State and Ad- accept it yet. I suggest that a way to The PRESIDING OFFICER. Is there ministrator of the United States Agency for handle this is to set it aside. Of course, objection? International Development shall incorporate it can be brought back at any time. If Mr. BYRD. Reserving the right to ob- specific policies and programs for the pur- there is a need to have more debate and ject—and I shall not—when would the pose of identifying specific needs of, and par- a vote, we will bring it up for that pur- ticular threats to, women and children at vote on the Byrd amendment occur? the various stages of a complex humani- pose. Mr. MCCONNELL. Mr. President, if it tarian emergency, especially at the onset of I yield the floor. is agreeable with the other side, it is such emergency. Mr. MCCONNELL. Mr. President, I my expectation that, after 5 minutes or (c) Not later than 90 days after the date of apologize to the Senator from Colo- less to oppose the Byrd amendment, we enactment of this Act, the Secretary of rado. I misspoke earlier when I thought will move to a vote. State shall submit to the Committee on For- it was cleared on the other side. We are Mr. REID. That would be appropriate eign Relations of the Senate and the Com- working on that now. Hopefully, we mittee on International Relations of the with us on this side. House of Representatives a report on activi- will be able to get it cleared. If the Mr. BYRD. The vote on the Byrd Senator from Colorado will agree to ties of the Government of the United States amendment would occur, and after how to protect women and children affected by a temporarily set it aside and go back to many minutes can we vote on the complex humanitarian emergency. The re- it before we finish the bill, we hope to amendment by the Senator from Lou- port shall include— get it cleared. isiana? (1) an assessment of the specific protection Mr. ALLARD. Mr. President, I appre- Mr. REID. The majority has not seen needs of women and children at the various ciate the Senator from Kentucky and that amendment. They don’t know stages of a complex humanitarian emer- the Senator from Vermont working on gency; what they are going to do with it or (2) a description of which agencies and of- this most important amendment. whether we can have a vote. I yield the floor. fices of the United States Government are Mr. MCCONNELL. The Senator from responsible for addressing each aspect of Mr. MCCONNELL. Mr. President, I Nevada is correct. such needs and threats; and suggest the absence of a quorum. Ms. LANDRIEU. I thank the Senator. (3) guidelines and recommendations for im- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without proving United States and international sys- clerk will call the roll. tems for the protection of women and chil- The assistant legislative clerk pro- objection, the pending amendment is set aside. dren during a complex humanitarian emer- ceeded to call the roll. gency. Ms. LANDRIEU. Mr. President, I ask AMENDMENT NO. 1998 (d) In this section, the term ‘‘complex hu- unanimous consent that the order for Ms. LANDRIEU. Mr. President, I manitarian emergency’’ means a situation the quorum call be rescinded. thank the Senator for his courtesy be- that— The PRESIDING OFFICER. Without cause he was involved in a very impor- (A) occurs outside the United States and objection, it is so ordered. tant conference earlier today and he is results in a significant number of— Ms. LANDRIEU. Mr. President, I (i) refugees; anxious to proceed on his amendment. (ii) internally displaced persons; or send an amendment to the desk—— I will offer this amendment in the (iii) other civilians requiring basic human- Mr. REID. Mr. President, Senator hope that my friends on the other side itarian assistance on an urgent basis; and BYRD already has an amendment pend- will support it. There is very good sup- (B) is caused by one or more situations in- ing and he is here to speak on it. We port on this side for this amendment. cluding— have been waiting for him. His amend- It has to do with women and children (i) armed conflict; ment is already here. in armed conflict. (ii) natural disaster; Ms. LANDRIEU. Mr. President, I ask I send the amendment to the desk. (iii) significant food shortage; or the Senator if he wouldn’t mind if I (iv) state-sponsored harassment or persecu- The PRESIDING OFFICER. The tion. presented this for 5 minutes. That is all clerk will report. Ms. LANDRIEU. Mr. President, re- the time I need. The assistant legislative clerk read cent reports indicate that the percent- Mr. BYRD. I have no objection to as follows: that. age of civilians killed and wounded as a The Senator from Louisiana [Ms. result of armed conflict has risen from Ms. LANDRIEU. I thank the Senator. LANDRIEU] proposes an amendment num- Mr. BYRD. What does this mean with bered 1998. 5 percent at the turn of the century to respect to the amendment I have pend- almost 90 percent today, which means Ms. LANDRIEU. Mr. President, I ask ing, which is being set aside by unani- that in war it is not just the soldiers unanimous consent that further read- mous consent? who are being killed, the men and ing of the amendment be dispensed Mr. MCCONNELL. Mr. President, it is women in uniform, but also civilians. with. our hope that after the Senator from That is a new occurrence in this cen- The PRESIDING OFFICER. Without West Virginia speaks—and I have tury. It is something that this amend- objection, it is so ordered. maybe 5 minutes or so to oppose the ment attempts to address by directing The amendment is as follows: amendment—we vote. our resources—not adding money, not Mr. REID. I say to my friend from (Purpose: To ensure that women and chil- authorizing new language, but simply dren have access to basic protection and Kentucky that Senator BYRD is here. I directing, within the context of this assistance services in complex humani- hope that before we dispose, with a re- tarian emergencies) bill, some attention to be given to this corded vote, of the Landrieu amend- fact. On page 147, between lines 6 and 7, insert War is not what it used to be. Its hor- ment, we will allow Senator BYRD to the following new section: speak and, if necessary, we can have SEC. 692. (a) None of the funds made avail- rors are experienced by more than just two votes in succession. able by title II under the heading ‘‘INTER- the soldiers fighting on far-off battle- Mr. MCCONNELL. We are certainly NATIONAL DISASTER ASSISTANCE’’, ‘‘TRANSI- fields. It is experienced by women and prepared to vote on the Byrd amend- TION INITIATIVES’’, ‘‘MIGRATION AND REFUGEE children. It is taking a brutal toll on

VerDate jul 14 2003 00:11 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.069 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13359 these civilians, most of them women the smart thing to do. Women are a stripped naked, humiliated and raped in pub- and children. critical part of rebuilding war torn lic. Many, many people no longer sleep at Over 30 wars are now being waged countries. home, though sleeping in the bush is equally around the world. One in four of the In March 2003, UN Secretary General unsafe. Every night there is another village attacked, burned and emptied. It could be world’s children live in war zones. Kofi Annan made the following obser- In the past decade, more than 2 mil- any group, no one knows, but always they vation: take the women and girls away.’’—United lion children were killed during war- Study after study has shown that there is Nations official in Democratic Republic of time, more than 4 million were wound- no effective development strategy in which the Congo. ed, and 1 million have been orphaned or women do not play a central role. When PROTECTION FROM TRAFFICKING AND separated from their families as a re- women are fully involved, the benefits can be PROSTITUTION seen immediately: families are healthier and sult of war. ‘‘My mother died when I was very small better fed; their income, savings and rein- It is estimated that over 300,000 chil- and my father worked as a laborer on other vestment go up. And what is true of families dren have been forced to serve as sol- people’s farms. At the age of 16, I was lured is also true of communities and, in the long diers. These are children as young as 7, by my neighbor into a good job. Feeling the run, of whole countries. 8, and 9 years old serving as soldiers, pressure and hard times faced by my family including an alarming number of girls A focus on safety and protection di- and myself, I was very pleased to receive this serving as combatants, cooks, and, un- rectly impacts the overall well being of opportunity. I didn’t realize that my faith fortunately, sex slaves. women and children. This year’s Moth- would land me into the brothel of Bombay. I In Sierra Leone, 94 percent of dis- ers Index, published by Save the Chil- spent the hell of my life for one year there. Then I was sold to a brothel in Calcutta. I placed families surveyed had experi- dren, reports that there is a direct cor- relation between under education and spent three-and-a-half hears there, and it enced sexual assaults, including rape, was more bitter than ever. I’m happy that I torture, and sexual slavery. poor health and conflict. Seven of the was rescued, but now I’ve started thinking After the genocide in Rwanda, 70 per- bottom ten countries in the area of who will rescue all those Nepalese who are cent of the remaining population was health and education are in conflict still in the brothels in many parts of India? female and more than half of the moth- and post-conflict situations. I’m worried for those sisters and request the ers were widows. This amendment does not call for us stop of such evil practices in the society.’’— Despite these statistics, a survey of to break the budget caps or create a Sita, 23-year-old former prostitute from current Government-sponsored foreign new program. It merely ensures that Nepal aid programs reveals that there are but every dollar that we are spending to se- ‘‘I was eleven when the rebels attacked our town in Liberia. I got separated from my a few coordinated programs targeted at cure the peace is spent in the most ef- parents and was captured. I stayed with the the protection of women and children fective way possible. rebels for four years. Seven men raped me at in conflict and after. Again, this amendment provides a the same time and I was forced to pick up Senator BIDEN and I offered legisla- bridge for us to stand on until the bill arms. I have one child of the rebels—I don’t tion to address the shortfall. S. 1001 I just described can be passed in its know exactly which one the father is. I es- would authorize the new women and complete authorized form. So this fund caped and went to Guinea. I had no care- children armed conflict fund, similar can be established, and then the au- taker and started to work as a ‘hotel girl’ to the displaced children’s fund. In ad- thorizing bill would come forward with (prostitute). I thank Save the Children pro- tection workers for having identified me and dition, it would require several other more of the details. efforts to be undertaken by our Gov- offering me skill training.’’—Florence, 18- But it is important that we take this year-old girl living in a refugee camp in ernment to make sure that this issue step today to recognize the fact that Guinea was addressed appropriately. It would there are so many women and children PROTECTION OF CHILDREN FROM MILITARY require that the U.S. Government de- brutalized in war. It is not just about RECRUITMENT velop and implement a strategy to en- the soldiers in uniform any longer, un- ‘‘I’ve seen people’s hands get cut off, a 10- sure that its humanitarian programs fortunately. This amendment asks the year-old girl raped and then die, and many respond to and reduce the risks of ex- Secretary to report to Congress on men and women burned alive. So many times ploitation, violence and abuse of their progress in this area, and it en- I just cried inside, because I didn’t dare cry women and children in places like courages the Secretary of State and out loud.’’—Mariama, 14-year-old girl soldier Uganda, Liberia, and Iraq; prevent fu- the Administrator of USAID to incor- from Sierra Leone ture crises by creating a list of early ‘‘During the fighting, you don’t have time porate into their current agenda spe- to think. Only shoot. If a bad person gives an warning signs to alert policymakers of cific policies and programs that iden- order, you have to follow it. If he says burn possible risks to women and children; tify the specific needs of and particular the village, you have to burn it. If he says foster stability in conflict-prone envi- threats to women and children. kill a person, you have to do it.’’—Aung, boy ronments by focusing on reducing In conclusion, I submit that study soldier from Myanmar, abducted from school threats to innocent civilians in crises after study has shown the necessity of at age 14 and forced into the army around the world. our effort to direct funds in this way. PROTECTION FROM PSYCHOLOGICAL TRAUMA What my amendment does is provide I ask unanimous consent that spe- ‘‘We were living in a small village in Port a bridge for us to stand on until this cific quotes from individual young Loko district when the rebels attacked us in bill can be passed and this fund can be women and girls, particularly, be print- 1998. It was daytime and we tried to run away, but I was unfortunate and was cap- established. It says: Here is what we ed in the RECORD. The language is pret- can do not, within our existing pro- tured. I was holding my 2-year-old baby boy. ty graphic so I will not read it in the First they killed him with an axe. I cried grams with our existing funds. Chamber, but I want it printed in the The Landrieu amendment ensures out: ‘Where is my baby, oh my baby.’ So they RECORD to say how serious this issue is struck me on the head with a machete. that organizations and programs cur- in terms of the United States and all of There is a deep scar there. After that they rently serving refugees and displaced the aid we are giving, and directing a ordered me to put my hand on a stick which persons incorporate protections portion of that, and to be cognizant of was on the ground. They chopped and nearly against violence; encourages the Sec- the tremendous torture, humiliation, severed my right hand. Then they ran away retary of State and Administrator of and pain inflicted upon innocent and left me. My hand hadn’t completely sev- ered so the doctor in the next town cut it off. USAID to incorporate into their cur- women and children. rent agenda specific policies and pro- It’s hard to find someone who will marry you There being no objection, the mate- when your hand has been cut off.’’— grams that identify the specific needs rial was ordered to be printed in the of, and particular threats to, women Adamasay, 16-year-old girl from Sierra RECORD, as follows: Leone and children; asks for the Secretary to PROTECTION FROM SEXUAL VIOLENCE AND report to Congress on their progress in PROTECTION FROM FAMILY SEPARATION PHYSICAL HARM this area to date and provide rec- ‘‘When I lived in Palangkaraya, every day ‘‘From Pweto down near the Zambian bor- I helped my Dad and Mum sell chicken. ommendations for improving U.S. and der right up to Aru on the Sudan/Uganda When I had to run it felt as if my feet international systems for the protec- border, it’s a black hole where no one is safe weren’t even touching the ground. I followed tion of women and children. and where no outsider goes. Women take a the other people running, and I wasn’t even Protecting women and children is not risk when they go out to the fields or on a thinking about where my parents were. The only the right thing to do, but it is also road to a market. Any day they can be news that my parents were dead, victims of

VerDate jul 14 2003 05:22 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.080 S28PT1 S13360 CONGRESSIONAL RECORD — SENATE October 28, 2003 the violence, came from my aunt who was To date, the Coalition Provisional size of the entire Interior, Labor, and still in Palangkaraya. It’s true I cried, I Authority, CPA, has not been held ac- Treasury Departments and it is billions wanted to scream but I tried to be firm and countable for the money it spends, and of dollars larger than the budgets of I entrusted my fate to Allah. Now I have to that is your money. That is your the Agriculture Department and the find my own food. I was happy when my par- ents were still here. There was no need to money, I say to the taxpayers of this Justice Department. think about how to eat. If I could go to great country. Those who spend it The Senate gives its advice and con- school again and follow through the exams should be held accountable. That is sent to Presidential appointments to and gain a diploma, that would be great.’’— what you believe, I am sure. the highest level positions in the Bush Rosi, 15-year-old street boy from Indonesia Not until the President requested $20 administration, or any administration. PROTECTION OF DISPLACED WOMEN AND billion in reconstruction aid for Iraq In the Clinton administration, Reagan CHILDREN IN CAMP SETTINGS did the CPA make any effort to inform administration, and Carter administra- ‘‘When ma asked me to go down to the the Congress and the public about the tion, the Senate gave its advice and stream to wash plates, a peacekeeper asked administration’s reconstruction plans. consent to Presidential appointments me to take my clothes off so that he can Let me say that again. This is an to these high-level positions in the take picture. When I asked him to give me amendment about accountability. This Departments. Even a lowly second lieu- money he told me, no money for children, tenant in the Army—now get this. only biscuit.’’—Refugee child in West Africa is an amendment to ensure that those administration officials charged with Even a lowly second lieutenant in the Ms. LANDRIEU. That is the essence spending taxpayer funds are held ac- Army, who is responsible for the two of my amendment. I hope it can be ac- countable to the American people and dozen to three dozen soldiers under his cepted. I hope there won’t be a neces- to their representatives in the Con- command, is subject to the confirma- sity for a vote on such a commonsense gress. tion by the Senate. And yet the official and much-needed amendment. I ask for To date, the Coalition Provisional who is responsible for governing and the Senate’s consideration at the ap- Authority has not been held account- rebuilding Iraq, a country made up of propriate time. able for the money it spends—your 23 million, 24 million people—the offi- I yield the floor. cial with a budget larger than half the The PRESIDING OFFICER. The Sen- money. Not until the President re- Federal departments and responsible ator from West Virginia. quested $20 billion in reconstruction Mr. BYRD. Mr. President, I ask unan- aid for Iraq did the CPA make any ef- for the livelihood of 23 million or 24 million Iraqis—is not subject to con- imous consent that Senator JEFFORDS fort to inform the Congress and the firmation by the Senate. and Senator CORZINE be added as co- public about the administration’s re- As it stands today, the people’s rep- sponsors to Byrd amendment No. 1969. construction plans. The PRESIDING OFFICER. Without The CPA’s access to nonappropriated resentatives—that is you, Senator. objection, it is so ordered. funds—now get this—has allowed it to That is you, Senator. And that is you, Mr. BYRD. Mr. President, is my maintain a low profile, so low that one I say to every other Senator and I say amendment pending before the Senate? cannot see it, and to operate largely it to myself as well. As it stands today, The PRESIDING OFFICER. It is not outside the scope of congressional over- the people’s representatives—that is yet pending, but if the Senator calls for sight. us. I am talking about us—the people’s the regular order it will be. Last fiscal year, the CPA, the Coali- representatives in the Senate have no Mr. BYRD. Mr. President, I thank tion Provisional Authority, in Iraq say in who leads the CPA, even though the Chair. I call for the regular order. spent $1.7 billion in assets frozen under the administration’s endeavors in Iraq The PRESIDING OFFICER. Regular the Saddam Hussein regime. The CPA have drained $118 billion from our order has been called for. The amend- spent almost $1 billion in assets seized budget, have seized tens of thousands ment is now pending. after the war. That is your money. The of National Guardsmen from our AMENDMENT NO. 1969 CPA spent $2.5 billion in oil revenues States, and have so far taken the lives Mr. BYRD. Does that amendment collected through the United Nations of 351 U.S. soldiers in this war. The need to be stated? Food for Oil Program. Altogether, it CPA claims to be vested with all the The PRESIDING OFFICER. That is spent $7.5 billion in the fiscal year 2003, legislative, executive, and judicial au- not necessary. including $2.5 billion appropriated in thority necessary to achieve the ad- Mr. BYRD. Mr. President, I ask that the supplemental that was passed and ministration’s objectives in Iraq and it be stated. enacted by Congress in April of this yet the Congress has done nothing— The PRESIDING OFFICER. The year. nothing—to ensure that its adminis- clerk will report. This CPA did not appear before the trator is held accountable to the Amer- The assistant legislative clerk read Congress even once to explain how ican people. as follows: those funds would be spent. This year, Beginning March 1, 2004, my amend- The Senator from West Virginia [Mr. assuming that the Congress appro- ment would prohibit the Coalition Pro- BYRD] proposes amendment numbered 1969. priates the $20 billion in reconstruction visional Authority in Iraq from spend- At the appropriate place add the following: aid requested by the President, the ing any appropriated funds until its ad- Section (a) None of the funds made available CPA’s budget will grow to $23 billion, ministrator has been appointed by the by this Act or any other Act may be used by which includes $2 billion in unappropri- President with the advice and consent the Coalition Provisional Authority (CPA) ated funds left over from last fiscal of the Senate. Is it asking too much, unless the Administrator of the Coalition Provisional Authority is an officer of the year and almost $1 billion included in that we ask that the person, the one in- United States Government appointed by the the supplemental for the Coalition Pro- dividual, the Coalition Provisional President by and with the advice and con- visional Authority’s administrative ex- Authority’s administrator—is it asking sent of the Senate. (b) This provision shall be penses. too much that he be appointed by the effective March 1, 2004. At $23 billion, the Coalition Provi- President of the United States by and Mr. BYRD. Mr. President, I thank sional Authority’s budget will be more with the consent of the Senate? That is the Chair and I thank the clerk. than three times what it spent in the not asking too much. That is in defense I suggest my statement in support of last fiscal year. Now, that will be more of the American taxpayer. That will this amendment be entitled ‘‘Too Much than the Federal budget for seven Cabi- make sure, yes, that person will be ac- Money, Too Little Accountability.’’ nets out of the 15 Cabinet Departments countable to the American taxpayer, to That would be an appropriate title if I that run the Federal Government. That the American people, to the represent- were to suggest it. is a lot of money to flow through the atives of the American people in Con- This is an amendment about account- hands of the Coalition Provisional Au- gress. ability. This is an amendment to en- thority in Iraq. The sums of money that are being sure that those administration officials The CPA’s budget is four times the spent in Iraq are enormous. This is not charged with spending taxpayer funds budget of the Commerce Department. just chickenfeed we are talking about. are held accountable to the American Think of that. Do we demand account- We are talking about huge amounts of people and to their representatives in ability from the Commerce Depart- the taxpayers’ money. That person the Congress. ment? The CPA’s budget is twice the should be accountable to the taxpayers

VerDate jul 14 2003 05:22 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.033 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13361 of the country, accountable to the Con- in a position to take over the adminis- Mr. MCCONNELL. Madam President, gress of the United States, made up of tration of their own country. We all I say to my friend from West Virginia the elected representatives of the peo- know how lengthy confirmations can that I basically have completed my ar- ple. The sums of money are enormous— be. Do we really want to derail recon- gument and am not interested nec- $87 billion we spent, of which $20.3 bil- struction by having Ambassador essarily in having the last word. I lion would be in that amount. I said a Bremer back here for lengthy con- would be anxious to move ahead with a moment ago we have appropriated al- firmation proceedings? He is already on vote. ready $118 billion. That includes the the job. As I understand the amend- Mr. LEAHY. Madam President, I April supplemental and includes the ment, if this were to take effect and he didn’t realize there was no time limit. supplemental we just passed. It was were not to be confirmed by March 1 of I will be brief. passed by the Senate. This is too much next year, all the funding would be cut I have heard the arguments of my money to appropriate without ensuring off. So this would be an extraordinarily friend from Kentucky: Why stop things that the decisionmakers in Iraq will be high profile confirmation. now ahead of this confirmation? Unfor- held accountable to the American peo- I know my good friend from West tunately, while a great deal of planning ple. We owe it to the taxpayers, don’t Virginia thought this war was a mis- went into the war in Iraq—even though we? Yes. We owe it to the taxpayers to take. He has been very clear about there was never any question of the do better than that. that. A Senator would have to be ex- outcome, because we are the most pow- I urge the adoption of my amend- traordinarily inattentive not to get the erful nation history has ever known, of ment and I reserve the remainder of point that the Senator from West Vir- course, and we would succeed against a my time. ginia believes the whole thing was a third-rate or fourth-rate military The PRESIDING OFFICER (Mrs. mistake. But I would say with the ut- power like Saddam Hussein—it appears DOLE). The Senator from Kentucky. most respect for my good friend, we are that very little planning went into Mr. MCCONNELL. Madam President, there. We are there now. Regardless of what happens after the war. Of course, with all due respect to my good friend how one felt about the process of get- there have been more American casual- from West Virginia, who has had many ting us there, it seems to me we have ties since the President said the mis- good ideas in his 45 years in the Sen- a lot on the line in having this Iraqi ef- sion was accomplished, the war was ate, let me suggest this may not be one fort be successful, regardless of how we over, and as he famously taunted the of them. What the Senator from West felt about going in. Iraqis, ‘‘Bring it on.’’ Unfortunately, Virginia is suggesting here is that we I venture the opinion that no matter they did. But we saw first a general change a temporary position—a posi- who the next President is, they will try being placed in there, which didn’t tion currently held by Ambassador to finish the job in Iraq just like this work, and we put Paul Bremer in there, Bremer, which he is trying very hard administration is still in Bosnia and again without much planning. The dis- to work his way out of by having at the Kosovo, an administration policy of tinguished Senator from Kentucky said earliest opportunity a chance to turn the previous administration. we had debate on the floor about the Iraq over to Iraqis and come home— This job needs to be finished. I plead transfer from the Department of De- into a confirmed Senate position. Am- with my colleagues. Let us not make it fense to the State Department. That bassador Bremer spent a lot of time any more difficult to wrap up this very was defeated. I remember the debate back here testifying, as he should have, tough assignment and have Ambas- very well. Interestingly enough, the on the supplemental. But the real job sador Bremer come back and do some- talking points of the administration in to do is over in Iraq, trying to get this thing else for the rest of his life. opposition were that they are perfectly new government up and running, try- I hope the Byrd amendment will not satisfied with having all of this coordi- ing to get the Iraqi security force to a be approved. We have had ample oppor- nated by the Secretary of Defense. substantial level so we can begin to tunity to cross-examine Ambassador There was no need to place it anywhere draw down American troops. I think Bremer and to question him on every but the Secretary of Defense. That was most of us have concluded we have too conceivable issue related to this, and I it, and the White House position car- many positions that need to be con- am sure we will have other opportuni- ried. firmed. ties to do it. But I think the confirma- What the White House talking points In fact, I can recall a meeting in my tion process is simply not appropriate didn’t say, and we all found out about office earlier this year, right before the for this particular position. 3 days later, was they had already August recess, a bipartisan meeting I yield the floor. made the decision to take it out of the discussing the possibility of reducing Mr. LEAHY. Madam President, how Department of Defense and put it into the number of positions which require much time remains to the senior Sen- Dr. Rice’s office. Actually, moving it confirmation and having that bill take ator from West Virginia? out of the Department of Defense had effect January 20, 2005, for whoever the The PRESIDING OFFICER. There is already been decided by the White next President is, to try to make it no time limit. House. But as often happens when we possible for the next administration to Mr. LEAHY. Madam President, I ask are told one thing and something else function more successfully without all unanimous consent that I be allowed to is being done, the talking points com- of the problems that come from an ex- speak for 3 minutes, of course with an ing over from the White House said cessive number of confirmations. equal amount of time on the other side. they had every intention of leaving it— Secretary Rumsfeld is the designated The PRESIDING OFFICER. Is there in effect emphatically every intention authority for Iraq. Of course, he was objection? of leaving it—under the direction of confirmed by the Senate. Ambassador Mr. BYRD. Madam President, reserv- the Under Secretary of Defense. Bremer, the CPA administrator, re- ing the right to object, I would like to That probably should have been the ports to the Secretary of Defense. Dur- have a few minutes myself with an tipoff, that they were emphatic and in- ing the consideration of the supple- equal amount of time allotted to the tended to leave it there. They had al- mental, my good friend from Vermont distinguished Senator from Kentucky. ready made up their mind to leave it tried to shift the authority from the I have a few words I would like to say there. Of course, that is not how it Defense Department over to the State in attempting to rebut what my friend turned out. But I worry because if you Department. Certainly an argument said. have somebody who is in charge of can be made for that. But that failed Mr. MCCONNELL. Madam President, more foreign assistance than the Sec- on a vote of 56 to 42. I really have said all I wish to say. I retary of State and the Administrator The fact is Ambassador Bremer, as I would be happy to yield time, if I have of USAID combined, both of whom re- indicated earlier, is trying very hard to any time remaining. quire confirmation, if you give all of work his way out of this job. This is The PRESIDING OFFICER. There is this power to someone who does not re- very much a temporary position. We no time limit at this point. quire confirmation, what does that say didn’t go in there to be there a very Mr. LEAHY. I thought we had 20 min- about our role in the Senate? What lengthy period of time. This temporary utes. does that say about what we feel about job can end the moment the Iraqis are The PRESIDING OFFICER. No. transparency and accountability?

VerDate jul 14 2003 00:11 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.084 S28PT1 S13362 CONGRESSIONAL RECORD — SENATE October 28, 2003 We are appropriating over $20 billion the troops. The Senate has until March here, in the Congress, in this body and basically to be distributed solely as the 1—4 months away—to confirm the Ad- the other body. Administrator feels he should. That is ministrator of the CPA. After the That power of the purse carries with more than the Secretary of State and Homeland Security Department was it the duty of oversight. Congress can- the Administrator of the USAID get to created, for example, the Senate con- not properly oversee an administrator distribute, and they have to be con- firmed Governor Tom Ridge in just a who is not accountable to the Con- firmed. The answers were not forth- few short weeks—in just a matter of gress, an administrator who has not coming. days. I think it would be the same with been confirmed by the Senate. There- I think of the plan we were suddenly Ambassador Bremer. fore, Congress is not in a position to shown on the Appropriations Com- I certainly have no complaint with carry out its responsibility under the mittee. I recall the distinguished Sen- respect to Ambassador Bremer. My Constitution of being accountable to ator from West Virginia asked for more amendment is not about Ambassador the American people and in accordance time and, of course, he could not get it. Bremer, currently the head of the CPA, with the words of the Constitution. Ambassador Bremer came here, and we and all of his potential successors. I say that it is time the Senate act. were given a plan. They had gone out, They will have a great deal of author- The Senate has been silent too long. apparently, for a couple of months be- ity. The Senate was silent before the war. fore saying what they were going to do. I say again that a lowly second lieu- The Senate was silent before it voted Then it turned out, amazingly, I tenant in the Army is subject to con- on October 11 of last year to give the know—I am just shocked to find this firmation by the Senate. Surely the authority to the President of the out—the plan was given only to the Re- head of CPA should be as well. United States to use the military publicans, maintaining the same kind My colleague talks about the desire forces of this country as he saw fit. The of partisanship there is on this. We to bring the situation to a conclusion Congress gave the President of the were supposed to ask questions of Am- in Iraq as soon as possible. United States a blank check, as it bassador Bremer. But only Republicans I agree with him that the job in Iraq were, with respect to authority to take were allowed to see this plan paid for should be finished as soon as possible. this Nation into war and to put these by the taxpayers of this country. When But it should be carried out with ac- men and women, soldiers, sailors, air- Democrats asked about it, he said, countability to the elected representa- men, and marines, in harm’s way. It Well, I thought that had all been sent tives of the American people. was a most shameful moment when to you. Apparently the mail only goes I also add this postscript: Judging Congress washed its hands. One of the to 51 Senators and not to the other 49. from the events as we have seen them most shameful moments in the history Be that as it may, the plan was inter- transpire going back several months, I of the Senate was when it passed the esting. It did say the United States don’t believe this situation in Iraq is cusp and attempted to wash its hands wanted to give the Iraqi people a going to end very quickly. It shows of the responsibility of following the chance to form a government and a every indication of intensifying. We Constitution of the United States country that would fulfill President are in one big mess. which says that Congress shall have Bush’s vision for them. Some thought I remember a time when I believed if the power to declare war. That moment has come and gone, but that was a little bit condescending to a the President and the administration still, as the distinguished Senator from country where civilization goes back were to hold out the olive branch and Kentucky says, our people are there. long before this country’s was ever dis- show an indication of willingness to We are now there. So what do we do? covered. At least we had a chance fi- share in economic and political respon- sibility in Iraq with major European I say to Senators, put yourselves into nally to talk about it. these desks, these chairs, into these The same way in which the White countries and other countries in Asia and elsewhere, if that willingness had shoes of ours 1 year from today and House told us the Secretary of Defense look back and see if you cast the right been demonstrated some months ago, was the only one who should be in vote on this amendment. How will it be there would be other major countries charge of this—we find they had al- 1 year from today if we find we are in making large contributions in treasure ready made the decision; They did not deeper and deeper and deeper and it has and in manpower in Iraq today. But tell us about it—apparently they didn’t become another Vietnam—which I sup- that olive branch was not extended. tell the Secretary of Defense about it ported; I supported the war in Viet- That willingness to share economic and either. They were yanking it out from nam. I was practically the last person political responsibility in Iraq was not him and putting it with somebody else. out of Vietnam because I supported the voiced. It was not made manifest. My point is, if we are going to give President. I supported Johnson. I sup- Now, I hope that the train has not somebody $20 billion to buy $33,000 ported Nixon. I supported them all the gone by the station without stopping. pickup trucks and $6,000 telephones for way. But one should learn by his mis- As we see the horrific events unfolding Taj Mahal jail cells and have scholar- takes. ships that are not available to Ameri- in Iraq, I am not so sure that those We were ill advised when it came to cans but apparently will be to Iraqis, major European erstwhile contributors the Gulf of Tonkin resolution. We were the person ought to be at least con- would be so willing even to contribute ill advised by the administration. I firmed so we have a chance to ask now. The back of the hand was ex- voted for it. Two Senators voted questions. tended to them before the war and it against it. Wayne Morse said that the I think the Senator from West Vir- has not been otherwise since the war, resolution would pass but that those ginia is right. to any extent. who voted for it would be sorry. I voted I yield the floor. By virtue of these mistakes that the for it. I was sorry. I am sorry. We The PRESIDING OFFICER. The Sen- administration has made, it is not my should learn by our mistakes. ator from West Virginia. belief that the situation in Iraq is We were not properly advised by that Mr. BYRD. Madam President, my going to end all that quickly. I hope it administration and we were not prop- amendment does not cut off funds for will. But we should not bet on that. erly advised by this administration. reconstruction, as I thought I under- Therefore, it would be appropriate to That is why we are in Iraq. I will have stood the distinguished Senator from require the President appoint an Ad- more to say about that at another Kentucky to say. If I am incorrect and ministrator and that the Senate be re- time. did not hear him say that or indicate quired to confirm or reject that person. The distinguished Senator from Ken- that, I certainly would be glad to be That would assure the American people tucky is right. We are there. What do corrected. of accountability and of responsibility we do? In this matter, we have a re- My amendment would allow the on the part of their elected representa- sponsibility to hold Ambassador President to allocate that money to tives and on the part of the CPA Ad- Bremer, or whoever is the Adminis- other agencies but would not allow the ministrator. It is the right thing to do trator of the Coalition Provisional Au- CPA to spend that money until the Ad- by the American people. It is the right thority, accountable to the Congress. ministrator is confirmed by the Sen- thing to do under the Constitution be- It has been said that Mr. Bremer has ate. This won’t shut down funding for cause the power of the purse is vested already testified before the Congress in

VerDate jul 14 2003 03:59 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.088 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13363 supporting the President’s $87 billion Ambassador Bremer shall report to the been a gentleman with me, has always request for Iraq. Of course he testified. Secretary of Defense and the President. been straightforward with me, and has Yes, he testified. He was before the Ap- It does not mention the Congress. It conducted himself, on this occasion, as propriations Committee a short time, a does not mention the American people. on all others, as a gentleman should. few hours. Ambassador Bremer wanted When Tom Ridge was appointed I thank him for his characteristic the Congress to give him $20 billion. Homeland Security Director after the courtesy in this instance. I respect his But how often will he testify after he September 11 attacks, the White House argument. I respect his vote. But the receives the money? How receptive will refused to allow him to testify before record will be made and the record will he be to further invitations to testify Congress. The President said: No, he is stand. before congressional committees once a member of my staff. he has received a blank check, as it Well, technically that was correct. I yield the floor. were? The President opted to create a new Mr. MCCONNELL. Madam President, Let’s not delude ourselves to the ex- Homeland Security Department and re- I am aware of no further debate on this tent which Ambassador Bremer was organize the Federal Government rath- amendment. I assume the Senator made available to the Congress. He tes- er than allow an unconfirmed member would like a rollcall vote. tified only once before the Senate Ap- of his administration to testify before propriations Committee and he did not the Congress. Mr. BYRD. Madam President, I ask have to respond to a single outside wit- That kind of record should not com- for the yeas and nays. ness called to challenge the adminis- fort Members of Congress. We have a The PRESIDING OFFICER. Is there a tration’s lying. Ambassador Bremer responsibility to the American people sufficient second? went so far as to refuse to return to the to ensure that the administration offi- There appears to be a sufficient sec- Appropriations Committee to answer cials responsible for the lives of their ond. additional questions because, ‘‘I don’t loved ones who are fighting in Iraq and have time.’’ He said that in response to for their taxpayer dollars that are The question is on agreeing to me. I asked Ambassador Bremer if he being spent in Iraq are held account- amendment No. 1969. The clerk will could make himself available and able for their actions. We must stop call the roll. would make himself available to the just passing the buck along to the The legislative clerk called the roll. Senate Appropriations Committee in President. the event the chairman asked him to With regard to the argument that Mr. REID. I announce that the Sen- return and he said: I don’t have time. I holding these officials accountable will ator from North Carolina (Mr. ED- am sorry that the transcripts have not somehow endanger our troops, I urge WARDS), the Senator from Massachu- been printed—yet—but the transcripts Senators to reject that flimsy scare setts (Mr. KERRY), and the Senator are around, the transcripts of the hear- tactic. What endangers the troops is from Connecticut (Mr. LIEBERMAN) are ings. not having their decisionmakers held necessarily absent. He said: I don’t have time. Can you accountable to the people. When funds I further announce that, if present imagine that? He wouldn’t say that if are being spent on postal ZIP Codes, and voting, the Senator from Massa- he had to be confirmed by the Senate. garbage trucks, and escalator and ga- chusetts (Mr. KERRY) would vote He would have time. He would make rage beautification projects rather ‘‘yea.’’ himself available whether the Senate than the necessities of the troops, that would be under the control of the Re- is when the Congress must be the most The PRESIDING OFFICER (Mr. AL- publicans or under the control of the vocal in questioning the judgment of EXANDER). Are there any other Sen- Democrats, whatever. He would find those in the administration who wield ators in the Chamber desiring to vote? time. He would be available. Yes, in- power. The result was announced—yeas 44, deed. I urge Senators to focus on the bigger nays 53, as follows: So he said: I don’t have time. I am picture. Senators should cast their completely booked, and I have to get votes not only with the thought of a [Rollcall Vote No. 414 Leg.] back to Baghdad to my duties. Republican administration directing YEAS—44 What are his duties? If he were re- reconstruction efforts in Iraq, but with Akaka Dodd Leahy quired to be confirmed, his duty would an image of a Democratic administra- Baucus Dorgan Levin be to come back before the Senate and tion directing the reconstruction ef- Bayh Durbin Lincoln Biden Feingold forts in Iraq. I think I know what the Mikulski to answer questions, and to answer Bingaman Feinstein Murray questions under oath, if necessary. answer would be then. Boxer Graham (FL) Nelson (FL) Senators who believe that sufficient We need to look beyond the party Breaux Harkin Pryor Byrd Hollings Reed action has been taken to ensure ac- label of the current administration. I Cantwell Inouye Reid countability by the CPA Administrator am not talking about Mr. Bremer. I Carper Jeffords Rockefeller Clinton Johnson are kidding themselves. The CPA has spoke of his saying he didn’t have time, Sarbanes Conrad Kennedy not been sanctioned by the Congress. and he didn’t. Those were his words, Corzine Kohl Schumer And Ambassador Bremer has not been made of his own free will. Milton wrote Daschle Landrieu Stabenow confirmed by the U.S. Senate. Congress about man’s free will, ‘‘Paradise Lost.’’ Dayton Lautenberg Wyden has no legislative ties to the CPA or its Those were Mr. Bremer’s words. I have NAYS—53 Administrator. Congress has no strings no reason to find fault with Mr. Bremer at all. He is not there without con- Alexander Collins Gregg by which it can say to the Adminis- Allard Cornyn Hagel trator: You come before this com- firmation by virtue of his choice. But Allen Craig Hatch mittee and, if necessary, you be pre- that is the way it is. As Walter Bennett Crapo Hutchison pared to take an oath that what you Cronkite used to say, that is the way it Bond DeWine Inhofe Brownback Dole Kyl say is the truth, the whole truth, and was. Bunning Domenici Lott nothing but the truth, so help me God. We need to look beyond the party Burns Ensign Lugar That is a part of it. That is what we label. We need to take a longer term Campbell Enzi McCain Chafee Fitzgerald McConnell are talking about. view of accountability. Chambliss Frist Miller The secret national security direc- Let me say in closing, I thank my Cochran Graham (SC) Murkowski tive that created the CPA dictates that friend from Kentucky, who has always Coleman Grassley Nelson (NE)

VerDate jul 14 2003 03:59 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.091 S28PT1 S13364 CONGRESSIONAL RECORD — SENATE October 28, 2003 Nickles Smith Talent President Bush for taking this step. PART I. EXECUTIVE SUMMARY AND Roberts Snowe Thomas This amendment takes this initiative CONCLUSIONS Santorum Specter Voinovich More than 600 million people, almost 10 Sessions Stevens Warner and extends it basically to our foreign Shelby Sununu assistance programs. percent if the world’s population, have a dis- ability. This number will rise dramatically NOT VOTING—3 I have a report from the National Council on Disability, dated September in the coming years as the population ages Edwards Kerry Lieberman and as more people become disabled by 9, 2003. It is titled: ‘‘Foreign Policy and AIDS. Rates of disability are particularly The amendment (No. 1969) was re- Disability: Legislative Strategies and jected. high in post-conflict societies, among ref- Civil Rights Protections To Ensure In- ugee populations, and in countries with his- Mr. MCCONNELL. Mr. President, I clusion of People with Disabilities.’’ tories of political violence. Even in stable so- move to reconsider the vote, and I In the cover letter from the chair- cieties, however, people with disabilities move to lay that motion on the table. person of the National Council on Dis- make up the poorest of the poor. In some of The motion to lay on the table was ability to President Bush, Mr. Lex the world’s poorest countries, according to agreed to. Frieden pointed out that in 1996: the United Nations (UN), up to 20 percent of Mr. MCCONNELL. Mr. President, I the population has a disability. NCD recommended a series of policy ask unanimous consent that Senator Individuals with disabilities are subject to changes to ‘‘ensure the inclusion of people a broad pattern of discrimination and seg- CORZINE be added as a cosponsor to the with disabilities in all foreign assistance regation in almost every part of the world. Burma amendment No. 1970. programs. . . . In most countries, people with disabilities The PRESIDING OFFICER. Without He goes on to say: and their families are socially stigmatized, objection, it is so ordered. Seven years later, NCD has concluded that politically marginalized, and economically Mr. MCCONNELL. Mr. President, I inclusion of people with disabilities in U.S. disadvantaged. The economic cost to society suggest the absence of a quorum. foreign policy will be achieved only when of excluding people with disabilities is enor- The PRESIDING OFFICER. The specific legislation is enacted to achieve that mous. No nation in the world will achieve its clerk will call the roll. purpose. full potential for economic development while it leaves out people with disabilities. The legislative clerk proceeded to That is what we have done. We have call the roll. No society will be a complete democracy un- added specific legislative language to less people with disabilities can participate Mr. MCCONNELL. Mr. President, I ensure in the Millennium Challenge in public life. Failure to respond to the con- ask unanimous consent that the order Account one of the criteria to be used cerns of people with disabilities ignores one for the quorum call be rescinded. is whether that country is trying to of the great humanitarian and human rights The PRESIDING OFFICER. Without provide opportunities for the inclusion challenges of the world today. objection, it is so ordered. of persons with disabilities. The United States is well positioned to Mr. MCCONNELL. Mr. President, I In the executive summary of this re- lead the world in demonstrating how to build on the tremendous human potential of peo- ask that Senator FEINSTEIN also be port filed by the National Council on added as a cosponsor to amendment ple with disabilities. It is among the world Disability, it says: leaders in protecting the civil rights of peo- No. 1970, the Burma amendment. Individuals with disabilities are subject to ple with disabilities, with legislation that The PRESIDING OFFICER. Without a broad pattern of discrimination of segrega- seeks to ensure their full participation in so- objection, it is so ordered. tion in almost every part of the world. In ciety, and in supporting their independent Mr. MCCONNELL. I yield the floor. most countries, people with disabilities and living. The Americans with Disabilities Act The PRESIDING OFFICER. The Sen- their families are socially stigmatized, po- (ADA) represents a sweeping commitment on ator from Iowa. litically materialized and economically dis- the part of the U.S. government to abolish Mr. HARKIN. I thank the Senator for advantaged. The economic cost to society of discrimination against people with disabil- excluding people with disabilities is enor- accepting an amendment for the man- ities in all walks of life. Since the adoption mous. No nation in the word will achieve its of the Rehabilitation Act in 1973, U.S. civil agers’ package that deals with making full potential for economic development rights laws have required all U.S. govern- sure we have something in the criteria when it leaves out people with disabilities. ment programs to be inclusive of and acces- for the Millennium Challenge Account, No society will be a complete democracy un- sible to people with disabilities. As they assistance dealing with people with dis- less people with disabilities can participate have exercised their rights over the past 30 abilities. in public life. Failure to respond to the con- years, Americans with disabilities have bro- Basically, the amendment makes a cerns of people with disabilities ignores one ken barriers to inclusion, shattered stereo- small but significant change to the of the great humanitarian and human rights types about their limitations, and contrib- challenges of the world today. Millennium Challenge Account ensur- uted to the economic, cultural, and political The United States is well positioned to life of the nation. ing that one criteria used in deter- lead the world in demonstrating how to build At present, U.S. foreign policy does not re- mining a country’s eligibility for the on the tremendous human potential of peo- flect the great accomplishments of people Millennium Challenge Account funds is ple with disabilities. with disabilities within the United States. their commitment to providing oppor- The Americans With Disabilities Act U.S. citizens with disabilities cannot serve in tunities for the inclusion of people (ADA) represents a sweeping commitment on many embassies abroad because these build- with disabilities. This account rep- the part of the U.S. government to abolish ings are physically inaccessible. Qualified resents one of the largest increases in discrimination against people with disabil- and talented individuals may be excluded ities in all walks of life. foreign aid spending in half a century, from U.S. government service abroad based At present, U.S. foreign policy does not re- on their medical history. In addition to fail- about $1 billion this year and an addi- flect the great accomplishments of people ing to protect U.S. citizens with disabilities tional $4 billion within the next 3 with disabilities within the United States. in foreign operations, U.S. foreign policies years. U.S. citizens with disabilities cannot serve in and programs have generally not been de- People with disabilities have been many embassies abroad because these build- signed to respond to the concerns of individ- left out of our foreign assistance pro- ings are physically inaccessible. Qualified uals with disabilities abroad. While the For- grams for too long. This amendment and talented individuals may be excluded eign Assistance Act has long established does not require they do anything new. from U.S. government service abroad based that ‘‘a principal goal of the foreign policy of on their medical history. Since 1996, over 100 countries, includ- the United States shall be to promote the in- The U.S. National Council on Disability creased observance of internationally recog- ing the United States, have submitted (NCD) calls on the Executive Branch and nized human rights by all countries,’’ the reports to the United Nations under Congress to create a new foreign policy that rights of people with disabilities have been implementation of 22 rules to equalize ensures access by people with disabilities to long ignored. opportunities for people with disabil- the benefits of democracy and economic de- The U.S. National Council on Disability ities. President Bush has implemented velopment around the world. (NCD) calls on the Executive Branch and a new freedom initiative in this coun- I ask unanimous consent that the ex- Congress to create a new foreign policy that try on behalf of people with disabil- ecutive summary of the National Coun- ensures access by people with disabilities to ities. In 2001, he charged each agency cil on Disability’s report be printed in the benefits of democracy and economic de- velopment around the world. All U.S. foreign with reviewing their policies to remove the RECORD. operations abroad (including foreign assist- barriers that promote inclusion of peo- There being no objection, the mate- ance efforts) would be greatly improved if ple with disabilities in American soci- rial was ordered to be printed in the the principles established in U.S. civil rights ety. I commend and I compliment RECORD, as follows: law—under the Rehabilitation Act and the

VerDate jul 14 2003 03:59 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.028 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13365 ADA—were applied to U.S. operations me, this is big. This is going to say— antisemitism; Senator DODD, providing abroad. Such a policy would require U.S. for- and we look at other criteria—but we assistance for OAS mission in Haiti; eign assistance funding to be used in a man- will look at a country to see what they Senator ALLARD, amendment No. 1995 ner that is accessible to people with disabil- are doing to provide for people with as modified further; Senator FEINGOLD, ities. Such protections would also ensure that U.S. citizens and contractors with dis- disabilities. relating to U.S. citizens in Indonesia; abilities would be protected against dis- Quite frankly, this country ought to Senator LUGAR, relating to danger pay crimination in the implementation of U.S. be taking the lead around the world in for USAID; Senator DASCHLE, sense of programs abroad. Leadership by U.S. citizens that area because we have a lot to talk Congress on delivery of assistance by with disabilities in our foreign operations about in what we have done in our own air; Senator MCCAIN, amendment No. would greatly improve our ability to respond country since the Americans with Dis- 1973 relating to Azerbaijan; Senator to the concerns of people with disabilities in abilities Act was passed in 1990. What FEINGOLD, report on Sierra Leone; Sen- other countries. we have done is shown that people with ator BIDEN, technical amendment; Sen- Mr. HARKIN. I also ask unanimous disabilities can provide economic stim- ator FEINGOLD, report on Somalia; Sen- consent that the cover letter preceding ulus to a country. They can provide ator LUGAR, relating to the Global that by Mr. Lex Frieden also be printed part of that economic engine that a Fund; Senator INOUYE, related to the in the RECORD. country needs. We have shown conclu- guinea worm eradication; Senator HAR- There being no objection, the mate- sively, no matter where you are, no KIN, disabilities; Senator ALLEN, re- rial was ordered to be printed in the matter what country, that if your pol- lated to intellectual property rights; RECORD, as follows: icy is one of exclusion of people with Senator BROWNBACK, providing assist- NATIONAL COUNCIL ON DISABILITY, disabilities, keeping them institu- ance to promote democracy in Iran; Washington, DC, September 9, 2003. tionalized, materialized, not fully par- Senator BROWNBACK, sense of the Sen- The PRESIDENT, ticipating in society, it costs that soci- The White House, Washington, DC. ate on Iran; Senator LANDRIEU, modi- DEAR MR. PRESIDENT: On behalf of the Na- ety more to do that than it does to in- fication to amendment No. 1998; Sen- tional Council on Disability (NCD), I am sub- clude them in education, for example, ator DODD, relating to contracts in mitting a report entitled Foreign Policy and transportation, employment, and cul- Egypt; Senator LUGAR, relating to Mil- Disability: Legislative Strategies and Civil tural affairs. lennium Challenge Account; Senator Rights Protections To Ensure Inclusion of My amendment was designed basi- ENSIGN, relating to democracy in Cuba; People with Disabilities. This report is a fol- cally to implement what the National and Senator LEAHY, relating to HIV/ low-up to NCD’s 1996 Foreign Policy and Dis- Council on Disability concluded when AIDS. ability report that found continued barriers to access for people with disabilities in U.S. they said, ‘‘The inclusion of people Mr. President, I send this block of foreign assistance programs. with disabilities in United States for- amendments to the desk and ask for its In the 1996 report, NCD recommended a se- eign policy will be achieved only when immediate consideration. ries of policy changes to ensure inclusion of specific language is enacted to achieve The PRESIDING OFFICER. Is there people with disabilities in all foreign assist- that purpose.’’ That is what we have objection to consideration of the ance programs, including the establishment done this evening with the inclusion of amendments en bloc? Without objec- of specific objectives for inclusion with a this amendment. tion, it is so ordered. timetable for their fulfillment. Seven years I only hope when we go to conference Without objection, the amendments later, NCD has concluded that inclusion of people with disabilities in U.S. foreign policy with the House that we can have the are agreed to. will be achieved only when specific legisla- support of the administration. As I The amendments were agreed to, as tion is enacted to achieve that purpose. This said, President Bush had an enlight- follows: report reviews a number of models that Con- ened policy on people with disabilities On page 23, line 8, before the period, insert gress has adopted for linking human rights when he came in in 2001. I hope the the following: : Provided further, That of the funds appro- and foreign policy that can be adapted to en- White House will take that inclusion sure the inclusion of people with disabilities. priated under this heading, not less than policy of theirs and make sure we keep $28,000,000 shall be made available for a This report looks primarily at the U.S. De- it in this foreign operations appropria- partment of State and the United States United States contributions to UNAIDS. Agency for International Development tions bill for the next year and that AMENDMENT NO. 2002 (USAID). Among the various strategies and they will use the Millennium Challenge (Purpose: To require the Annual Report on approaches to improve foreign assistance Account to promote and to stimulate International Religious Freedom to in- policies and practices, NCD recommends other countries in thinking about how clude a section on anti-Semitism and other that Congress amend the Foreign Assistance they can provide for the inclusion of religious intolerance) Act to ensure inclusion of people with dis- people with disabilities. On page 147, between lines 6 and 7, insert abilities in all U.S. programs by requiring I thank Senator MCCONNELL, Senator the following new section: every U.S. agency operating abroad to oper- LEAHY, and their respective staffs for ANNUAL REPORT ON INTERNATIONAL RELIGIOUS ate in a manner that is accessible and inclu- FREEDOM TO INCLUDE INFORMATION ON ANTI- sive of people with disabilities. NCD rec- working on this issue. SEMITISM AND OTHER RELIGIOUS INTOLER- ommends that this be accomplished by, I yield the floor and suggest the ab- ANCE among other reforms, amending the Foreign sence of a quorum. Assistance Act to create a Disability Advisor The PRESIDING OFFICER. The SEC. 692. Section 102(b)(1) of the Inter- at the State Department and creating an of- clerk will call the roll. national Religious Freedom Act of 1998 (22 fice on Disability and Development at The assistant legislative clerk pro- U.S.C. 6412(b)(1)) is amended by adding at the end the following new subparagraph: USAID. ceeded to call the roll. NCD also calls on your Administration to ‘‘(G) ACTS OF ANTI-SEMITISM AND OTHER RE- Mr. MCCONNELL. Mr. President, I recognize that all U.S. government oper- LIGIOUS INTOLERANCE.—A description for each ations abroad should be brought into compli- ask unanimous consent the order for foreign country of— ance with Section 504 of the Rehabilitation the quorum call be rescinded. ‘‘(i) acts of violence against people of the Act and the Americans with Disabilities Act. The PRESIDING OFFICER (Mr. TAL- Jewish faith and other faiths that occurred The principles of non-discrimination, ac- ENT). WITHOUT OBJECTION, IT IS SO OR- in that country; cess, and inclusion of people with disabilities DERED. ‘‘(ii) the response of the government of that country to such acts of violence; and have been established as civil rights. The re- AMENDMENTS NOS. 2001; 2002; 2003; 1995, AS MODI- ‘‘(iii) actions by the government of that forms discussed in this report are needed to FIED FURTHER; 2004; 2005; 2006; 1973; 2007; 2008; country to enact and enforce laws relating to ensure that people with disabilities can fully 2009; 2010; 2011; 2012; 2013; 2014; 2015; 1998, AS MODI- the protection of the right to religious free- contribute to U.S. foreign policies and pro- FIED; 2016; 2017; 2018; AND 2019; EN BLOC grams abroad as they have done so effec- dom with respect to people of the Jewish tively at home. Mr. MCCONNELL. Mr. President, we faith; Sincerely, have two blocks of amendments that AMENDMENT NO. 2003 LEX FRIEDEN, have been agreed to on both sides that (Purpose: To provide assistance for the OAS Chairperson. we are prepared to move at this point. Special Mission in Haiti to implement OAS Mr. HARKIN. Again, I thank the The first is a series of amendments as Resolution 822 to restore security and hold manager and the ranking member for follows: Senator LEAHY, providing elections) working out the language. This may funds for U.S. contribution to UNAIDS; On page 21, line 18, after the comma insert seem like a small thing but, believe Senator VOINOVICH, annual report on the following:

VerDate jul 14 2003 03:56 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.035 S28PT1 S13366 CONGRESSIONAL RECORD — SENATE October 28, 2003 ‘‘That of the funds appropriated under this (c) Congress looks forward to continued tions ‘‘cast doubt on the credibility of the heading, up to $15,000,000 should be made and increased cooperation with respect to election’s results’’. available as a United States contribution to this investigation and to the resolution of (4) Human Rights Watch reported that gov- the Organization of American States for ex- the issue, which will contribute to the nor- ernment forces in Azerbaijan used excessive penses related to the OAS Special Mission in malization of military relations between the force against demonstrators protesting elec- Haiti and the implementation of OAS Reso- United States and Indonesia. tion fraud and that such force resulted in at lution 822 and subsequent resolutions related AMENDMENT NO. 2005 least one death and injuries to more than 300 to improving security and the holding of individuals. (Purpose: To increase the maximum rate of elections to resolve the political impasse (5) Following the elections, the Govern- post differentials and danger pay allow- created by the disputed May 2000 election: ment of Azerbaijan arrested more than 330 ances for civilian employees of the United Provided further,’’ individuals, many of whom are leaders and States Agency for International Develop- rank-and-file members of opposition parties AMENDMENT NO. 1995, AS FURTHER MODIFIED ment) in Azerbaijan, including individuals who (Purpose: To limit international military On page 147, between lines 6 and 7, insert served as observers and polling-station offi- education and training funds from being the following: cials who refused to sign vote tallies from made available for Indonesia) POST DIFFERENTIALS AND DANGER PAY polling stations that the individuals believed On page 147, between lines 6 and 7, insert ALLOWANCES were fraudulent. the following new section: SEC. 692. (a) Section 5925(a) of title 5, (6) The national interest of the United LIMITATION ON THE PROVISION OF IMET FUNDS United States Code, is amended in the third States in promoting stability in the TO INDONESIA sentence by inserting after ‘‘25 percent of the Caucasus and Central Asia and in winning SEC. 693. (a) Subject to subsection (c), no rate of basic pay’’ the following: ‘‘or, in the the war on terrorism is best protected by funds appropriated by title IV of this Act, case of an employee of the United States maintaining relationships with democracies under the subheading ‘‘INTERNATIONAL MILI- Agency for International Development, 35 committed to the rule of law. TARY EDUCATION AND TRAINING’’ under the percent of the rate of basic pay’’. (7) The credible reports of fraud and in- heading ‘‘FUNDS APPROPRIATED TO THE PRESI- (b) Section 5928 of title 5, United States timidation cast serious doubt on the legit- DENT’’ shall be made available for military Code, is amended by inserting after ‘‘25 per- imacy of the October 15, 2003 Presidential education and training for Indonesia. cent of the basic pay of the employee’’ both election in Azerbaijan and on the victory of (b) Nothing in this section shall prohibit places it appears the following: ‘‘or 35 per- Ilham Aliev in such election. the United States Government from con- cent of the basic pay of the employee in the (b) It is the sense of Congress that— tinuing to conduct expanded IMET pro- case of an employee of the United States (1) the President and the Secretary of grams, programs or training with the Indo- Agency for International Development’’. State should urge the Government of Azer- nesian Armed Forces, including counter-ter- (c) The amendments made by subsections baijan to create an independent commission, rorism training, officer visits, port visits, or (a) and (b) shall take effect on October 1, with participation from the Organization for educational exchanges that are being con- 2003, and shall apply with respect to post dif- Security and Cooperation in Europe and the ducted on the date of the enactment of this ferentials and danger pay allowances paid for Council of Europe, to investigate the fraud Act. months beginning on or after that date. and intimidation surrounding the October 15, (c) The President may waive the applica- 2003 election in Azerbaijan, and to hold a new AMENDMENT NO. 2006 tion of subsection (a) if the President— election if such a commission finds that a (1) determines that important national se- (Purpose: To state the sense of Congress on new election is warranted; curity interests of the United States justify the use of small, locall-owned air transport (2) the violence that followed the election such a waiver; and providers to provide for the delivery by air should be condemned and should be inves- (2) submits notice of such a waiver and a of assistance under the bill) tigated in a full and impartial investigation; justification for such a waiver to the Com- On page 147, between lines 6 and 7, insert (3) the perpetrators of criminal acts re- mittee on Appropriations of the Senate and the following: lated to the election, including Azerbaijani the Committee on Appropriations of the SENSE OF CONGRESS ON CONTRACTING FOR police, should be held accountable; and House of Representatives in accordance with DELIVERY OF ASSISTANCE BY AIR (4) the Government of Azerbaijan should the regular notification procedures of such immediately release from detention all SEC. 692. It is the sense of Congress that members of opposition political parties who Committees. the Administrator of the United States were arrested for peacefully expressing polit- AMENDMENT NO. 2004 Agency for International Development ical opinions. (Purpose: To encourage the Government of should, to the maximum extent practicable (c) Not later than 90 days after the date of Indonesia to meet the conditions necessary and in a manner consistent with the use of the enactment of this Act, the Secretary of for the normalization of military relations full and open competition (as that term is State, in consultation with the Attorney with the United States) defined in section 4(6) of the Office of Federal General, shall submit a report to the Com- Procurement Policy Act (41 U.S.C. 403(6))), On page 147, between lines 6 and 7, insert mittee on Foreign Relations and the Com- contract with small, domestic air transport the following: mittee on Appropriations of the Senate and providers for purposes of the delivery by air UNITED STATES CITIZENS IN INDONESIA the Committee on International Relations of assistance available under this Act. SEC. 692. (a) Congress makes the following and the Committee of Appropriations of the AMENDMENT NO. 1973 findings: House of Representatives on the investiga- (1) The United States recognizes the co- (Purpose: To express the sense of Congress tion of the murder of United States democ- operation and solidarity of the Government on the October 15, 2003 election in Azer- racy worker John Alvis. Such report shall of Indonesia and the people of Indonesia in baijan and require a report on an inves- include— the global campaign against terrorism. tigation in Azerbaijan) (1) a description of the steps taken by the (2) Increased cooperation between the On page 147, between lines 6 and 7, insert Government of Azerbaijan to further such in- United States and the Indonesia police forces the following new section: vestigation and bring to justice those re- is in the interest of both countries and SEC. 692. (a) Congress makes the following sponsible for the murder of John Alvis; should continue. findings: (2) a description of the actions of the Gov- (3) Normal military relations between In- (1) International organizations and non- ernment of Azerbaijan to cooperate with donesia and the United States are in the in- governmental observers, including the Orga- United States agencies involved in such in- terest of both countries. nization for Security and Cooperation in Eu- vestigation; and (4) The respect of the Indonesia military rope, the National Democratic Institute, and (3) any recommendations of the Secretary for human rights and the improvement in re- Human Rights Watch documented wide- for furthering progress of such investigation. lations between the military and the civilian spread government manipulation of the elec- AMENDMENT NO. 2007 population of Indonesia are extremely im- toral process in advance of the Presidential (Purpose: An amendment requiring a report portant for the future of relations between election held in Azerbaijan on October 15, on a USAID mission in Sierra Leone) the United States and Indonesia. 2003. On page 147, between lines 6 and 7, insert (b) The normalization of the military rela- (2) Such organizations and the Department the following: tionship between the United States and Indo- of State reported widespread vote falsifica- nesia cannot begin until— tion during the election, including ballot REPORT ON SIERRA LEONE (1) the Federal Bureau of Investigation has stuffing, fraudulent additions to voter lists, Not later than 6 months after the date of received full cooperation from the Govern- and irregularities with vote tallies and found enactment of this Act, the Administrator of ment of Indonesia and the Indonesia armed that election commission members from op- the United States Agency for International forces with respect to its investigation into position parties were bullied into signing fal- Development shall submit a report to the the August 31, 2002, murder of 2 American sified vote tallies. Committee on Foreign Relations and Com- schoolteachers in Timika, Indonesia; and (3) The Department of State issued a state- mittee on Appropriations of the Senate and (2) the individuals responsible for those ment on October 21, 2003 concluding that the the Committee on International Relations murders are brought to justice. irregularities that occurred during the elec- and Committee on Appropriations of the

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House of Representatives on the feasibility AMENDMENT NO. 2012 (5) demand that al Qaeda members be im- of establishing a United States mission in Si- (Purpose: To clarify the criteria to be consid- mediately turned over to governments re- erra Leone. ered in determining eligibility for Millen- questing their extradition; and AMENDMENT NO. 2008 nium Challenge assistance) (6) demand that Iran prohibit and prevent the passage of armed elements into Iraq and (Purpose: To provide a clarification with re- On page 46, line 15, insert after ‘‘resources’’ cease all activities to undermine the Iraqi spect to the availability of funds for a vol- the following: ‘‘and to providing opportuni- Governing Council and the reconstruction of untary contribution to the International ties for the inclusion of persons with disabil- Iraq. Atomic Energy Agency) ities’’. AMENDMENT NO. 1998, AS MODIFIED On page 40, line 18, insert after ‘‘Commis- AMENDMENT NO. 2013 (Purpose: To ensure that women and chil- sion’’ the following: ‘‘and that are not nec- (Purpose: To fund enhanced enforcement of dren have access to basic protection and essary to make the United States contribu- intellectual property rights in foreign assistance services in complex humani- tion to the Commission in the amount as- countries) tarian emergencies) sessed for fiscal year 2004’’. On page 32, line 10, before the period insert On page 147, between lines 6 and 7, insert AMENDMENT NO. 2009 ‘‘: Provided further, That $5,000,000 of amounts the following new section: Purpose: To require a report on a strategy made available under this heading shall be SEC. . (a) None of the funds made avail- for promoting stability and improving the for combating piracy of United States intel- able by title II under the heading ‘‘MIGRATION quality of life in Somalia) lectual property’’. AND REFUGEE ASSISTANCE’’, or ‘‘UNITED AMENDMENT NO 2014 On page 147, between lines 6 and 7, insert . STATES EMERGENCY REFUGEE AND MIGRATION the following: (Purpose: To set aside an amount for grants ASSISTANCE FUND’’ to provide assistance to REPORT ON SOMALIA to media organizations to support broad- refugees or internally displaced persons may casting that promotes human rights and be provided to an organization that has SEC. 692. (a) Not later than 180 days after democracy in Iran) failed to adopt a code of conduct consistent the date of the enactment of this Act, the with the Inter-Agency Standing Committee Secretary of State shall submit to the Com- Beginning on page 78, line 25, strike ‘‘funds’’ and all that follows through ‘‘Iran:’’ Task Force on Protection From Sexual Ex- mittees on Appropriations and Foreign Rela- ploitation and Abuse in Humanitarian Crises tions of the Senate and the Committees on on page 79, line 3, and insert the following: ‘‘not to exceed $5,000,000 of such funds may six core principles for the protection of bene- Appropriations and International Relations ficiaries of humanitarian assistance. of the House of Representatives a report on be used in coodination with the Middle East (b) In administering the amounts made a strategy for engaging with competent and Partnership Initiative for making grants to available for the accounts described in sub- responsible authorities and organizations Educational, Humanitarian and Nongovern- section (a), the Secretary of State and Ad- within Somalia, including in Somaliland, to mental Organizations and individuals inside ministrator of the United States Agency for strengthen local capacity and establish in- Iran to support the advancement of democ- International Development shall incorporate centives for communities to seek stability. racy and human rights in Iran. specific policies and programs for the pur- AMENDMENT NO. 2015 (b) The report shall describe a multi-year pose of identifying specific needs of, and par- strategy for— (Purpose: To express the sense of the Senate ticular threats to, women and children at (1) increasing access to primary and sec- on the development of democracy in Iran) the various stages of a complex humani- ondary education and basic health care serv- On page 147, between lines 6 and 7, insert tarian emergency, especially at the onset of ices; the following new section: such emergency. (2) supporting efforts underway to estab- SEC. 692. (a) Congress makes the following (c) Not later than 90 days after the date of lish clear systems for effective regulation findings: enactment of this Act, the Secretary of and monitoring of Somali hawala, or infor- (1) The Islamic Republic of Iran is neither State shall submit to the Committee on For- mal banking, establishments; and free nor fully democratic, and undemocratic eign Relations of the Senate, the Committee (3) supporting initiatives to rehabilitate institutions, such as the Guardians Council, on International Relations of the House of the livestock export sector in Somalia. thwart the will of the Iranian people. Representatives and the Committees on Ap- AMENDMENT NO. 2010 (2) There is ongoing repression of journal- propriations a report on activities of the (Purpose: To provide for the designation of ists, students, and intellectuals in Iran, Government of the United States to protect the Global Fund to Fight AIDS, Tuber- women in Iran are deprived of their inter- women and children affected by a complex culosis and Malaria under the Inter- nationally recognized human rights, and re- humanitarian emergency. The report shall national Organizations Immunities Act) ligious freedom is not respected under the include— laws of Iran. (1) an assessment of the specific protection On page 147, between lines 6 and 7, insert (3) The Department of State asserted in its needs of women and children at the various the following: ‘‘Patterns of Global Terrorism 2002’’ report stages of a complex humanitarian emer- DESIGNATION OF THE GLOBAL FUND TO FIGHT released on April 30, 2003, that Iran remained gency; AIDS, TUBERCULOSIS AND MALARIA UNDER the most active state sponsor of terrorism (2) a description of which agencies and of- THE INTERNATIONAL ORGANIZATIONS IMMUNI- and that Iran continues to provide funding, fices of the United States Government are TIES ACT safe-haven, training, and weapons to known responsible for addressing each aspect of SEC. 692. The International Organizations terrorist groups, notably Hizballah, HAMAS, such needs and threats; and Immunities Act (22 U.S.C. 288 et seq.) is the Palestine Islamic Jihad, and the Popular (3) guidelines and recommendations for im- amended by adding at the end the following Front for the Liberation of Palestine. proving United States and international sys- new section: (4) The International Atomic Energy Agen- tems for the protection of women and chil- ‘‘SEC. 16. The provisions of this title may cy (IAEA) has found that Iran has failed to dren during a complex humanitarian emer- be extended to the Global Fund to Fight accurately disclose all elements of its nu- gency. clear program. The IAEA is engaged in ef- AIDS, Tuberculosis and Malaria in the same AMENDMENT NO. 2016 forts to determine the extent, origin and im- manner, to the same extent, and subject to (Purpose: To obtain assurance and a time- the same conditions, as they may be ex- plications of Iranian nuclear activities that were not initially reported to the IAEA. table for payments of U.S. contractors by tended to a public international organization the Egyptian Government) in which the United States participates pur- (5) There have been credible reports of Iran suant to any treaty or under the authority of harboring Al-Qaeda fugitives and permitting On page 17, line 18 after the first comma any Act of Congress authorizing such par- the passage of terrorist elements into Iraq. add the following: ticipation or making an appropriation for (b) It is the sense of Congress that it ‘‘That the Government of Egypt should such participation.’’. should be the policy of the United States promptly provide the United States Embassy to— in Cairo with assurances that it will honor AMENDMENT NO. 2011 (1) support transparent, full democracy in contracts entered into with United States (Purpose: To provide funding for the Carter Iran; companies in a timely manner: Provided fur- Center’s Guinea Worm Eradication Program) (2) support the rights of the Iranian people ther,’’ to choose their system of government. On page 147, between lines 6 and 7 insert AMENDMENT NO. 2017 the following new section: (3) condemn the brutal treatment and im- prisonment and torture of Iranian civilians (The amendment No. 2017 is printed GUINEA WORM ERADICATION PROGRAM expressing political dissent; in today’s RECORD under ‘‘Text of SEC. 692. Of the funds made available in (4) call upon the Government of Iran to Amendments.’’) title II under the headings ‘‘CHILD SURVIVAL comply fully with requests by the Inter- AMENDMENT NO. 2018 AND HEALTH PROGRAMS FUND’’ and ‘‘DEVELOP- national Atomic Energy Agency for informa- MENT ASSISTANCE’’, not less than $5,000,000 tion and to immediately suspend all activi- (Purpose: Democracy Building in Cuba) may be made available for the Carter Cen- ties related to the development of nuclear On page 147, between lines 6 and 7, insert ter’s Guinea Worm Eradication Program. weapons and their delivery systems; the following new section:

VerDate jul 14 2003 05:22 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.038 S28PT1 S13368 CONGRESSIONAL RECORD — SENATE October 28, 2003 DEMOCRACY BUILDING IN CUBA date, has proven unwilling to fully co- The PRESIDING OFFICER. Without SEC. 692. (a) Of the funds appropriated in operate with the FBI. objection, it is so ordered. Title II, under the heading ‘‘Transition Ini- The survivors of the attack and the The amendment is as follows: tiatives’’ not more than $5,000,000 shall be families of the murdered want their (Purpose: To provide funds to support the de- available for individuals and independent government to insist that Indonesia co- velopment of responsible justice and rec- nongovernmental organizations to support operate in uncovering the truth about onciliation mechanisms in central Africa) democracy-building efforts for Cuba, includ- the ambush and in bringing those re- On page 147, between lines 6 and 7, insert ing the following: the following: (1) Published and informational material, sponsible to justice. The Senate should such as books, videos, and cassettes, on tran- support them. RESPONSIBLE JUSTICE AND RECONCILIATION sitions to democracy, human rights, and The House already has. Congressman MECHANISMS IN CENTRAL AFRICA market economics, to be made available to HEFLEY of Colorado offered an amend- SEC. 692. (a) Of the funds appropriated independent democratic groups in Cuba. ment linking resolution of this issue to under title II under the heading ‘‘ECONOMIC (2) Humanitarian assistance to victims of Indonesia’s access to the International SUPPORT FUND’’, $12,000,000 should be made political repression, and their families. available to support the development of re- (3) Support for democratic and human Military Education and Training pro- sponsible justice and reconciliation mecha- rights groups in Cuba. gram when the House considered the nisms in the Democratic Republic of the (4) Support for visits and permanent de- Foreign Operations Appropriations bill. Congo, Rwanda, Burundi, and Uganda, in- ployment of independent international His amendment was accepted by unani- cluding programs to increase awareness of human rights monitors in Cuba. mous consent. The Senate should send gender-based violence and improve local ca- (b) In this section: an equally unequivocal signal. pacity to prevent and respond to such vio- (1) The term ‘‘independent nongovern- Today I offered an amendment, with lence. mental organization’’ means an organization the support of Senators CAMPBELL and Mr. MCCONNELL. Mr. President, I that the Secretary of State determines, not am aware of no opposition to the less than 15 days before any obligation of WYDEN, to do just that. I appreciate the support of the managers, Senators amendment. funds made available under this section to The PRESIDING OFFICER. Without MCCONNELL and LEAHY, who have ac- the organization, is a charitable or nonprofit objection, the amendment is agreed to. nongovernmental organization that is not an cepted this amendment into the larger The amendment (No. 2020) was agreed agency or instrumentality of the Cuban Gov- bill. I also appreciate the efforts of to. ernment. Senator ALLARD, who shares my inter- (2) The term ‘‘individuals’’ means a Cuban Mr. MCCONNELL. Mr. President, I est in this issue. move to reconsider the vote. national in Cuba, including a political pris- My amendment is not out of step oner and the family of such prisoner, who is Mr. REID. I move to lay that motion with current policy. I would like to call not an official of the Cuban Government or on the table. of the ruling political party in Cuba, as de- my colleagues’ attention to an article The motion to lay on the table was fined in section 4(10) of the Cuban Liberty from the October 23 edition of the Aus- agreed to. and Democratic Solidarity (LIBERTAD) Act tralian Financial Review. The article Mr. REID. Mr. President, I ask unan- of 1996 (22 U.S.C. 6023(10)). states that, during their recent talks imous consent that Senator GREGG be (c) The notification requirements of sec- in Bali, ‘‘Mr. Bush told Mrs. Megawati tion 634A of the Foreign Assistance Act of added as a cosponsor to amendment military relations could not resume No. 1968 relating to the Leahy amend- 1961 (22 U.S.C. 2394–1) shall apply to any allo- until Jakarta had completed a full in- cation or transfer of funds made pursuant to ment on war crimes in Africa. this section. vestigation into the killing of two The PRESIDING OFFICER. Without Americans near the Freeport mine in AMENDMENT NO. 2019 objection, it is so ordered. Timika in Indonesia’s Papua province On page 23, line 3, before the colon, insert Mr. MCCONNELL. Mr. President, we the following: last year.’’ Our President was right to are very close to completing the bill. : Provided further, That of the funds appro- make that point. There can be no We have a couple of problems on this priated under this heading, funds shall be ‘‘business as usual’’ when it comes to side that are not yet worked out. We made available to the World Health Organi- the murder of American citizens, and have a few more amendments we are zation’s HIV/AIDS, Tuberculosis and Malaria there can be no ‘‘business as usual’’ working on which we are going to clear Cluster. until the FBI has received full coopera- tonight. For the moment, I suggest the On page 23, line 8, before the period, insert tion, and any perpetrators uncovered the following: absence of a quorum. : Provided further, That the Coordinator by the investigation are held account- The PRESIDING OFFICER. The should seek to ensure that an appropriate able for their actions. clerk will call the roll. percent of the budget for prevention and This amendment simply makes it The legislative clerk proceeded to treatment programs of the Global Fund to clear that the Senate wholeheartedly call the roll. Fight AIDS, Tuberculosis and Malaria is endorses that policy. It states that the Mr. SESSIONS. Mr. President, I ask made available to support technical assist- full normalization of the military rela- unanimous consent that the order for ance to ensure the quality of such programs. tionship between the United States and the quorum call be rescinded. Mr. MCCONNELL. Mr. President, I Indonesia cannot begin until the FBI The PRESIDING OFFICER. Without move to reconsider the vote. has received full cooperation, not par- objection, it is so ordered. Mr. REID. I move to lay that motion tial cooperation, in its investigation, AMENDMENT NO. 1966 on the table. and individuals found to be responsible Mr. SESSIONS. Mr. President, I The motion to lay on the table was are brought to justice. I am pleased would like to share a few comments agreed to. that the Senate has taken action to about the DeWine-Durbin amendment. AMENDMENT NO. 2004 make certain that our resolve is firm It is well meaning. It is dealing with a Mr. FEINGOLD. Mr. President, on and our signal perfectly clear. critical subject that I am particularly August 31, 2002, two American school- AMENDMENT NO. 2020 interested in: the spread of AIDS in Af- teachers and one Indonesian citizen Mr. MCCONNELL. Mr. President, I rica. who were working at an international also have an amendment by Senator I think we can do better in a lot of school for the children of Freeport FEINGOLD that has been approved on ways about how to confront that issue. McMoRan’s mine employees were both sides. I send the amendment to I appreciate Senator MCCONNELL and killed, and eight more Americans were the desk. Senator LEAHY today agreeing to an wounded, when they were ambushed on The PRESIDING OFFICER. The amendment that I proposed to deal a mountain road in Indonesia. Indo- clerk will report. with the medical transmission of AIDS. nesian garrisons reportedly controlled The assistant legislative clerk read But I would just say a couple of things all access to the remote road where the as follows: here. attack occurred. Police reports indi- The Senator from Kentucky [Mr. MCCON- We are moving to a historic increase cated that the Indonesian military was NELL], for Mr. FEINGOLD, proposes an amend- in the amount of money we are spend- very likely involved in the attack, but ment numbered 2020. ing for AIDS. The $15 billion we have the investigation was then turned over Mr. MCCONNELL. Mr. President, I approved is quite a significant increase to that same military, where it has ask unanimous consent that reading of in this important effort throughout the stalled. The Indonesian military, to the amendment be dispensed with. world, particularly in Africa.

VerDate jul 14 2003 03:56 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.044 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13369 If this amendment is passed, it would One of our Senators, Mr. ALEXANDER, that can help increase funding for the add another $289 million to the $2 bil- on September 3 made this statement. It Global AIDS Program. I hope so. But I lion that was requested by the Presi- has a lot of truth to it. He came back have, as so many have, voted against dent. I would like to offer into the from a trip to Africa. He wrote an op- extra spending for things I care about— RECORD and quote from a letter dated ed piece. He gave 10 very wise and prac- IDEA, kids in school, education, high- October 16 to Chairman STEVENS of the tical bits of advice to the leadership in ways, matters I believe in and care Appropriations Committee from Mr. this AIDS effort on the Senate floor on about, when they exceed our budget. I Joseph O’Neill, deputy coordinator and September 3. This is one of his final have not been able to support them. I chief medical officer, Office of the bits of advice on how to handle the sit- will not be able to support this one. Global AIDS Coordinator. uation. I know all of us have priorities, items As I said, this is in his letter of Octo- Finally, move fast, but do not spend too we care passionately about. I certainly ber 16: fast. I imagine we are going to have a pretty do. I know Senators DEWINE and DUR- Dear Chairman STEvENS: It is my under- good debate about that in the Senate. I have BIN do. I respect their concerns and standing that an amendment regarding fund- already heard some people say let’s spend $2 their passion. We are going to have a billion and others say let’s spend $2.5 and ing for HIV/AIDS, tuberculosis and malaria huge increase in spending for HIV/AIDS may be offered today to the Fiscal Year 2004 others say let’s spend $3 billion. The fact is, Supplemental Appropriations bill currently we are going to spend $15 billion of tax- in Africa. It is the right thing to do. I under consideration on the Senate floor. payers’ money in fighting HIV/AIDS in 14 have had two hearings in the HELP I want to reiterate the Administration’s countries and the Caribbean. We are going to Committee on which I am a member on strong support for the Fiscal Year 2004 budg- do it over 5 years. We need to keep in mind the AIDS problem in Africa. I have et request of $2 billion for all international that the African system cannot absorb too concluded we can do more for medical HIV/AIDS, tuberculosis and malaria activi- much money too quickly. There are treat- care. The amendment I crafted deals ties, including $200 million for the Global ment guidelines to prepare and to teach. with rearranging the moneys we plan Fund to Fight HIV/AIDS, Tuberculosis and They are very complicated. There is a staff Malaria, as part of the President’s larger to recruit. There are patients to find and to expend to focus on that problem commitment to spend $15 billion over the persuade. There are health care organiza- which can result in the greatest imme- next five years through the Emergency Plan tions to establish. diate decline in infections of any other for AIDS Relief. I also want to highlight that This amendment unfortunately is not action we could take. I cannot go along it is by careful design that the President’s offset. I would be very interested in with breaking the budget on this mat- Fiscal Year 2004 budget request is for $2 bil- seeing if we could fund this or we could ter. I hope we can work on it. I will lion. certainly be willing to work with the The cornerstone of the President’s Emer- utilize this money. I am very reluctant gency Plan for AIDS Relief is its focused ap- to not support an amendment Senator Senator and we will see what we can do proach to use $9 billion in new funding over DEWINE has worked so hard on. He is a to increase this funding as we can. the next five years to bring comprehensive person committed to doing the right The budget is an important matter. and integrated HIV/AIDS prevention, care thing. He is a person committed to We don’t need to get in the habit of and large-scale antiretroviral treatment to fighting AIDS. He wants to see us do breaking it. I will not vote to break it 14 countries in Africa and the Caribbean. even more than we are doing. I respect in this instance. These countries are home to nearly 70 per- that. I admire him terrifically. He has I suggest the absence of a quorum. cent of HIV-infected persons in Africa and The PRESIDING OFFICER. The the Caribbean and 50 percent of the HIV-in- been around this world. He has met fected persons in the world. There are con- people who are suffering. He wants to clerk will call the roll. siderable challenges inherent in meeting the help, as we all do. The legislative clerk proceeded to bold goals the President has set for these 14 But the problem is, we agreed to a call the roll. countries which must be addressed in the budget. I serve on the Budget Com- Mr. MCCONNELL. Mr. President, I early years of implementation. We believe it mittee. That budget is a very serious ask unanimous consent that the order is important to ramp up spending on these matter. We decided we could spend for the quorum call be rescinded. countries in a focused manner, increasing only so much money. This foreign oper- The PRESIDING OFFICER. Without the amount spent each year to efficiently objection, it is so ordered. and effectively create the necessary train- ations bill has a limit on the amount of REFORESTATION PROGRAM IN AFGHANISTAN ing, technology, and infrastructure base money we have agreed to spend in for- needed to deliver appropriate long-term med- eign operations. If this amendment Mr. CRAIG. Mr. President, I thank ical treatment in a sustainable and account- were to frame itself in terms of having Chairman MCCONNELL for the hard able way. an offset, that it would fund this $289 work he has put into the Fiscal Year That is a mouthful, but I think it million out of the billions of dollars in 2004 Foreign Operations and Related says some valuable things. This admin- this account and would show where we Agencies Appropriations bill. It is a istration believes we have to effec- could withdraw and reduce some of challenging process, and he has done an tively utilize the money, and it takes those other accounts, I would be very excellent job balancing competing in- some time. It is certainly necessary for tempted to support Senator DEWINE’s terests within the confines of a limited training, technology, and infrastruc- amendment. Unfortunately, it does budget allocation. ture that there be a base of that before not. It spends on top of the budget. It I wish to engage in a colloquy with we can fully implement and spend this increases and breaks the budget. It is the distinguished chairman of the Sub- extra amount of money we intend to $289 million above the amount we have committee regarding the development spend. agreed we could afford to spend. I can’t of a reforestation program in Afghani- It goes on to say: see us doing that. stan. In this appropriations bill, with Similarly, the U.S. Government support There are so many good ideas here. the adoption of an amendment the for the Global Fund to Fight AIDS, Tuber- There are so many things we can do in chairman and ranking member and I culosis and Malaria is strong. Currently, the this country and outside of this coun- have worked on, $5 million is to further United States is responsible for 40 percent of try. We have another increase in spend- a reforestation program in Afghani- all contributions made to the Global Fund. ing this year in our Federal appropria- stan. I recently traveled to the Middle We have reached a critical time in the Glob- tions bills. We would all like to spend East with the chairman and witnessed al Fund’s development, and other nations must join the United States in supporting more on projects than we are able to. first hand the devastating conditions of the work of the Global Fund. But we have an increase that is not the natural landscape in Afghanistan. For the reasons stated above, the Adminis- slashing our budget. We are not cutting As the chairman of Public Lands and tration strongly opposes any efforts to in- our budget, even though we are going Forestry Subcommittee, it saddens me crease funding beyond the $2 billion re- to set a record this year for deficit to see the degradation that has oc- quested in the President’s Fiscal Year 2004 spending. We are going to set a record curred to the natural landscape of this budget. I appreciate your support on this in deficit spending this year. But we country. Years of war and poverty have issue and look forward to the continued put a great strain on the ecosystems of strong bipartisan support of the Senate in can’t continue to break the budget we ensuring the success of this lifesaving initia- fought so hard to create, a budget most this country. It is time to put an end to tive. It is signed: Joseph F. O’Neill, MD, Dep- of us committed to staying with. the denuding of the hillsides and turn uty Coordinator and Chief Medical Officer, Maybe somewhere, as this process them back to their brilliant shades of Office of the Global AIDS Coordinator. goes along, there can be some offsets green.

VerDate jul 14 2003 03:56 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.099 S28PT1 S13370 CONGRESSIONAL RECORD — SENATE October 28, 2003 I would like to see this funding be from the horrors of war, but from the effectively address the problems. Water used to develop a reforestation pro- dangers that are left behind. Let me and poverty are closely related. In gram for the country. I think it is im- call to the attention of my colleagues areas of water scarcity, the poor are portant to cultivate the native species an ideal organization to further this ef- hit first and hardest. Conversely, water to replenish and rejuvenate the area to fort. Its name is ‘‘No Strings,’’ and it is is the single factor most limiting eco- provide additional opportunities for a new aid organization that seeks to nomic development in many arid re- recreation, wildlife, and business devel- use theater and puppetry to provide gions. There is, of course, a huge diver- opment. The intent of this provision is life-saving education about landmines sity of needs and situations around the that the expertise and skill of land to children in Afghanistan. ‘‘No world, but together we have one com- grant universities, such as the Univer- Strings’’ is composed of two main mon goal: to provide water security. sity of Idaho, should be used to assist groups: one with a broad background in This means ensuring that freshwater, in developing this program. I also feel humanitarian relief organizations, and coastal and related ecosystems are pro- that this is an area in which the pri- the other with extensive experience in tected and improved; that sustainable vate sector could lend their assistant the field of children’s educational en- development and political stability are with both the development of the pro- tertainment and puppetry. I believe my promoted; and that every person has gram and the reforestation of the coun- colleague, Senator LEAHY also is aware access to enough safe water at an af- try. Again, there are also leading edge of this organization. fordable cost to lead a healthy and pro- forest products companies in my State I had intended to offer an amendment ductive life. Water security is closely linked to like Potlatch Corporation and Boise so that, ‘‘No Strings’’—and other wor- national security. As we in the west Cascade who also have expertise of thy organizations—would be able to en- are fond of saying, ‘‘whiskey is for their own and a long time working re- gage Afghan children and teach them drinking; water is for fighting.’’ That lationship with the university. life saving mine safety lessons. Clearly, may sound tongue-in-cheek, but in re- This is an opportunity, through ac- we must act in order to help to protect ality, there exists a long history of tive management, to change the fate of a generation of Afghans. However, international tensions and conflicts the natural landscape of Afghanistan. since Senator LEAHY has generously of- over water resources, the use of water Mr. MCCONNELL. I commend the fered to join with me in discussing this Senator for his interest in this project matter with appropriate officials at the systems as weapons during war, and and look forward to the development of State Department to encourage the De- the targeting of water systems during conflicts caused by other factors. Stra- the reforestation program. partment to fund innovative programs tegic areas of the Middle East, South LANDMINE AWARENESS PROGRAMS FOR AFGHAN like ‘‘No Strings,’’ I will withhold of- and Central Asia, South America and CHILDREN fering the amendment at this time. Mr. DODD. Mr. President, for over Mr. LEAHY. Mr. President, I concur North Africa are plagued by recurring tensions over transboundary allocation two decades, the Afghan people have with my colleague from Connecticut of scarce water resources. endured conflict and internal unrest. that we need to give special attention to children in Afghanistan and else- Mr. McCONNELL. I understand that And although they are now in the proc- over 1 billion people do not have access ess of rebuilding their country, for where who are being put at risk by landmines and unexploded ordnances to safe and secure sources of drinking many, safety remains elusive. One rea- water. Does my friend from Nevada son is the continued presence of land- that are a dangerous byproduct of the civil conflict in that country. Creative have any thoughts on additional ac- mines, which were put into use by oc- tions this subcommittee can take to cupying powers and governments such ways to teach children about the dan- gers that landmines and unexploded promote international water security? as the Soviet Union and Taliban. Un- Mr. REID. I appreciate the question ordnances pose is critically needed to fortunately, these weapons, whose dan- from my friend, the senior Senator prevent any more innocent Afghani ger is recognized by nations through- from Kentucky. To achieve water secu- children from being killed or crippled. out the world, remain a major threat rity, we face the serious challenges of to the safety of ordinary Afghans—es- I believe that organizations, such as meeting basic needs, securing the food pecially children. ‘‘No Strings’’ which has been men- supply, protecting ecosystems, sharing I know my colleague, Senator LEAHY, tioned by Senator DODD, that are pre- water resources, managing risks, val- has been a leader in calling the world’s pared to develop novel programs to uing water, and involving stakeholders attention to the dangers created by protect children from the dangers of in governing water wisely, while main- land mines and the obligation of the landmines are worthy of US support. I taining a balance between social, polit- United States and other governments look forward to working with Senator ical, cultural, environment needs. The to help ensure that innocent civilians, DODD in support of funding for such im- challenges are formidable, but so are especially children, are not killed or portant projects. the opportunities. critically injured by land mines and INTERNATIONAL WATER SECURITY CENTER There are many experiences around unexploded ordnance left behind after Mr. LEAHY. I would like to ask the the world that can be built upon. For armed conflict ceases. assistant minority leader two or three example, through our experiences in There are now over 10 million land questions about international water se- managing scarce water resources in the mines throughout Afghanistan. This curity. First, what do we mean by desert State of Nevada, we have gained number is truly staggering. It is esti- water security and what is its rel- a valuable knowledge base upon which mated that the process of clearing evance to foreign operations? other arid and water-starved regions these devices could take up to 25 Mr. REID. I appreciate the question can build. Scientists in our university years—almost three decades. These asked by my friend, the senior Senator system are recognized among the fore- land mines pose a tremendous danger from Vermont. As you know, water is most world leaders in water manage- to the children of Afghanistan. As my vital for the life and health of people ment in these lands. As an important colleagues may be aware, Afghan chil- and ecosystems and a basic require- initiative to increase water security, dren often perform a variety of chores ment for the development of countries. they have prepared an impressive pro- that entails their passage through Yet, around the world, people lack ac- posal to launch an International Water mine-laden fields. In fact, as several cess to adequate and safe water to Security Center. types of mines are small and brightly meet their most basic needs. Water re- Mr. LEAHY. What do you envision as colored, children can be tempted to sources and the related ecosystems the role of an International Water Se- pick them up or to play with them. Too that provide and sustain them are curity Center? often, young Afghans die or lose a limb under threat from pollution, Mr. REID. The center would be a as a result of landmine-related inci- unsustainable use, land-use changes, clearinghouse for scientific research in dents. Indeed, every month, 150 Af- climate change and many other forces. support of water conflict resolution. As ghans are injured by landmines, and Water shortages and degradation dis- a focal point for advanced research and many of these are children. proportionately affect arid regions of education in water security issues, it We need to help these innocent chil- the world, many of which lack the would bring together scientists, engi- dren. We need to protect them not only technical and financial wherewithal to neers, water managers, and policy

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.077 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13371 makers from arid and other water- Mr. REID. I am requesting an annual S. 1426, FOREIGN OPERATIONS APPROPRIATIONS, 2004.— starved regions worldwide. Through appropriation of $1.25 million dollars SPENDING COMPARISONS—SENATE-REPORTED BILL— collaborative research exchanges, the each year for the next 3 years. This Continued center would promote long-term capac- funding would be used to develop an ad- [Fiscal year 2004, dollars in millions] ity building in developing countries, ministrative structure, identify poten- which would benefit from our leader- General tial collaborators and projects, initiate purpose Mandatory Total ship in desalinization, water treat- ‘‘seed’’ projects, educate and train ment, hydrologic modeling, water-use President’s request: American students in water security, Budget authority ...... 18,889 44 18,933 efficiency, and other technical ap- launch research initiatives, and de- Outlays ...... 21,007 44 21,051 proaches. The center would also sup- House-passed bill: velop and implement a plan for contin- Budget authority ...... 17,119 44 17,163 port education of young Americans in ued center activities without the need Outlays ...... 20,182 44 20,226 international water policy and secu- for additional Congressional appropria- Senate-Reported Bill Compared To rity, an area of expertise that we will tions. The funding would be adminis- Senate 302(b) allocation: certainly need in the future. The wide Budget authority...... 0 0 0 tered by the University of Nevada Outlays ...... ¥9 0 ¥9 spectrum of cultures and landscapes Chancellor’s office, and made available 2003 level: would broaden the outlook of everyone Budget authority ...... ¥5,615 ¥1 ¥5,616 to scientists and researchers through- Outlays ...... 148 ¥1 147 involved, fostering the multidisci- out the University System. The President’s request: plinary approaches needed to ensure Chancellor’s office has a long tradition Budget authority ...... ¥796 0 ¥796 project viability and longevity. Outlays ...... ¥713 0 ¥713 and expertise in administering federal, House-passed bill: Mr. MCCONNELL. Where might the state and non-profit research grants. Budget authority ...... 974 0 974 center be based? Outlays ...... 112 0 112 Mr. NICKLES. Mr. President, S. 1426, Mr. REID. The University and Com- the fiscal year 2004 Foreign Operations, Note: Details may not add to totals due to rounding. Totals adjusted for munity College System of Nevada consistency with scorekeeping conventions. would provide an excellent home for Export Financing, and Related Pro- the center. Through the research and grams Appropriations Act for 2004, as Mr. MCCONNELL. Mr. President, I educational programs undertaken by reported by the Senate Committee on take a brief moment to draw the atten- its major institutions, this University Appropriations provides $18.1 billion in tion of my colleagues to the situation System is known throughout the world discretionary budget authority and in Cambodia, and in particular to the for its expertise in water resource and $20.3 billion in discretionary outlays in continued courage and determination watershed management. For example, fiscal year 2004 for Foreign Operations of the Alliance of Democrats. the Desert Research Institute, or DRI, appropriations. This bill contains The Alliance—which consists of the is a unique blend of academia and en- about two-thirds of total international opposition Sam Rainsy Party and the trepreneurship. Grounded in funda- affairs spending in the budget. The bill royalist FUNCINPEC party—has taken mental research, DRI and its Center for funds U.S. Export and Investment As- a bold stand for freedom in Cambodia Watersheds and Environmental Sus- sistance, Bilateral Economic Assist- in the wake of flawed parliamentary tainability apply scientific under- ance, Military Assistance, and Multi- elections last July. Despite intimida- standing to the management of scarce lateral Economic Assistance. tion and pressure from the ruling Cam- water resources in countries around The bill equals the Subcommittee’s bodian People’s Party, CPP, the Alli- the world while addressing needs for 302(b) allocation for budget authority ance is refusing to enter into a coali- economic diversification and science- and is $9 million in outlays below the tion government that is led by Prime based education. 302(b) allocation. The bill provides $796 Minister Hun Sen—himself an enemy of The University of Nevada, Reno, and million less in budget authority and democracy and justice. University of Nevada, Las Vegas col- $713 million less in outlays than the Having met with Alliance leaders in laborate with DRI and conduct nation- President’s budget request. The bill Washington not too long ago, and hav- ally recognized research and edu- provides $5.6 billion in budget author- ing personally traveled to Cambodia in cational programs in their own right. ity less and $148 million in outlays 1998, I can appreciate their refusal to The University of Nevada, Reno, UNR, more than the 2003 enacted level in- allow Hun Sen to continue to mislead has one of the Nation’s largest and cluding 2003 supplemental appropria- that country. In the past, senior Alli- well-known education programs in the tions. Excluding those supplemental ance leaders have been targets of assas- study of groundwater. A new inter- appropriations, the bill provides a national program at UNR sends under- $1.866 billion increase over last year, or sination attempts, a bloody coup d’etat graduate and graduate students to 11.5 percent. staged by the CPP, and imprisonment work with local villagers in some of I am concerned about a proposed and political exile. Under Hun Sen’s the world’s most impoverished nations. amendment that would add funds for misrule, terrorists, criminal triads and This training works both ways, helping Global HIV/AIDs programs without pederasts find a haven in Cambodia. the world’s poorest people and training providing an offset within the bill. Any Corruption is the norm in that coun- American students to work safely and amendments that add funding without try, as are politically motivated effectively overseas. At the University offsets will have a budget act violation killings. of Nevada, Las Vegas, UNLV, the inter- and I will not be able to support them. It might interest my colleagues to disciplinary educational program in I ask unanimous consent that a table know that there have been two high Water Resource Management considers displaying the Budget Committee scor- profile shootings in Phnom Penh over the scientific and engineering aspects ing of the bill be printed in the the past several weeks, both victims of the hydrologic sciences within the RECORD. being affiliated with the FUNCINPEC context of policy and management There being no objection, the mate- party. Reporter Chour Chetharith was issues related to water and water secu- rial was ordered to be printed in the murdered outside the Ta Prohm radio rity. The expertise of UNLV’s William RECORD, as follows: station. According to press reports, the S. Boyd School of Law in the field of ‘‘execution-style killing followed a water rights and water allocations is S. 1426, FOREIGN OPERATIONS APPROPRIATIONS, 2004.— warning by Prime Minister Hun Sen also a fundamental to this program. SPENDING COMPARISONS—SENATE-REPORTED BILL . . . that Ta Prohm should stop broad- With its strong tradition of funda- [Fiscal year 2004, dollars in millions] casting programs critical of his speech- mental research and collaboration, the General es.’’ University and Community College Mandatory Total purpose Pop singer Touch Sunnich was shot a System of Nevada is perfectly poised to Senate-reported bill: few short days ago—her only crime ap- host an International Water Security Budget authority ...... 18,093 44 18,137 parently being a supporter of non-CPP Center. The University System is over- Outlays ...... 20,294 44 20,338 Senate Committee allocation: party. My heart goes out to these vic- seen by a chancellor and a 13-member Budget authority ...... 18,093 44 18,137 tims and their families. Board of Regents. Outlays ...... 20,303 44 20,347 2003 level: Mr. LEAHY. How much funding is re- Budget authority ...... 23,708 45 23,753 It is not enough for the diplomatic quested and how would it be used? Outlays ...... 20,146 45 20,191 community to condemn this killing. It

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.080 S28PT1 S13372 CONGRESSIONAL RECORD — SENATE October 28, 2003 is past time that someone is held ac- SEC. ll. The Secretary of State should sorrow to the families in southern Cali- countable for all the lawlessness, vio- make publicly available prices paid to pur- fornia who have lost their homes and lence, and corruption that unfortu- chase HIV/AIDS pharmaceuticals, antiviral some who have lost their loved ones therapies, and other appropriate medicines, nately has become the norm in Cam- including medicines to treat opportunistic during this conflagration of fire. I ex- bodia. I offer to my colleagues that the infections, for the treatment of people with tend my sympathy to the millions of Alliance is trying to do just that by HIV/AIDS and the prevention of mother-to- citizens in southern California who holding Hun Sen accountable—and child transmission of HIV/AIDS in devel- have lost part of their rural refuge to they deserve the full backing and sup- oping countries— these massive wildfires. port of the international community. (1) through the use of funds appropriated Thirteen fires are burning an esti- Let me close by expressing my great under this Act; and mated 600,000 acres of brush and trees, disappointment with the U.S. Embassy (2) to the extent available, by— and over 1,900 structures, as of this (A) the World Health Organization; and in Phnom Penh. Recently, they issued (B) the Global Fund to Fight AIDS, Tuber- morning, have been burned. The fire a visa to travel to the United States to culosis, and Malaria. has put thousands of others at risk a notorious human rights abuser and AMENDMENT NO. 2024 and, of course, land and mud slides will gangster in Cambodia—Chief of the Na- (Purpose: To modify provisions relating to come with the winter rains. More than tional Police Hok Lundy. Why the Em- activities for the prevention, treatment, 50,000 people have been evacuated as we bassy would issue a visa to someone and control of HIV/AIDS) speak. Over $20 million has been spent considered by many of his own com- On page 22, strike line 3 and insert the fol- thus far on fire suppression. patriots to be a terrorist is beyond me. lowing: Yesterday our President declared Los It is no understatement that Hok ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY Angeles, San Bernardino, San Diego, Lundy is the Li Peng of Cambodia—and FUND and Ventura Counties as major disaster should be held accountable for the vio- On page 22, line 10, insert ‘‘except for the areas and ordered Federal aid to sup- lence following the 1998 elections. United States Leadership Against HIV/AIDS, plement State and local recovery ef- Tuberculosis, and Malaria Act of 2003 (117 AMENDMENTS NOS. 2021, 2022, 2023, AND 2024, EN forts. Stat. 711; 22 U.S.C. 7601 et seq.) as amended BLOC The Old Fire, which started Saturday by section 692 of this Act,’’ after ‘‘law,’’. Mr. MCCONNELL. Mr. President, On page 74, line 22, insert ‘‘except for the morning and by Sunday had merged there are four remaining amendments United States Leadership Against HIV/AIDS, with the Grand Prix Fire, had grown to that have been cleared on both sides: Tuberculosis, and Malaria Act of 2003 (117 over 52,000 acres in only a matter of a One by Senator BROWNBACK providing Stat. 711; 22 U.S.C. 7601 et seq.) as amended few hours. It is expected now, as we funds for certain programs in Tibet; by section 692 of this Act’’ before the colon. speak, to consume Lake Arrowhead On page 147, between lines 6 and 7, insert today. Many firefighters on the ground Senator LEAHY, additional funds for the following new section: the related accounts; Senator KENNEDY are describing this fire as Armageddon. ASSISTANCE FOR HIV/AIDS regarding HIV/AIDS; Senator FRIST, For communities such as Lake Arrow- SEC. 692. The United States Leadership myself, Senator LEAHY, technical clari- Against HIV/AIDS, Tuberculosis, and Ma- head, that have been suffering through fications on HIV/AIDS. I send these laria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 the third year of western bark beetle four amendments to the desk and ask et seq.) is amended— epidemic, the fire was their worst unanimous consent that they be con- (1) in section 202(d)(4)(A), by adding at the nightmare. Now it has come true. sidered en bloc. end the following new clause: In the San Bernardino greater forest The PRESIDING OFFICER. Without ‘‘(vi) for the purposes of clause (i), ‘funds area around Lake Arrowhead, over objection, the amendments will be con- contributed to the Global Fund from all 90,000 acres are now dead. They are sidered en bloc. sources’ means funds contributed to the simply kindling, standing, waiting for Without objection, the amendments Global Fund at any time during fiscal years 2004 through 2008 that are not contributed to the wave of fire that is now striking are agreed to en bloc. fulfill a commitment made for a fiscal year that forest. If the U.S. Forest Service The amendments were agreed to, as prior to fiscal year 2004.’’; had had a streamlined NEPA and ap- follows: (2) in section 202(d)(4)(B), by adding at the peals process that recognized the im- AMENDMENT NO. 2021 end the following new clause: portance of dealing with insects, dis- (Purpose: To provide for the use of not less ‘‘(iv) Notwithstanding clause (i), after July ease, and damage from windstorms and than $3,000,000 by the Bridge Fund for cer- 1 of each of the fiscal years 2004 through 2008, ice storms, and fire, the Forest Service tain programs in Tibet) any amount made available under this sub- might have had the opportunity to cut section that is withheld by reason of sub- On page 77, beginning on line 20, strike fuel breaks between the live forests and ‘‘not to exceed $3,000,000 may be made avail- paragraph (A)(i) is authorized to be made available to carry out sections 104A, 104B, the wildland and the urban interface. able to nongovernmental organizations to Sadly, the Senate has been fiddling support activities which preserve cultural and 104C of the Foreign Assistance Act of traditions and promote sustainable develop- 1961 (as added by title III of this Act). ’’; and around with H.R. 1904, and now south- ment and environmental conservation in Ti- (3) in section 301(f), by inserting ‘‘, except ern California is ablaze. Not all of H.R. betan communities in the Tibetan Autono- that this subsection shall not apply to the 1904 would have been directed to the mous Region and in other Tibetan commu- Global Fund to Fight AIDS, Tuberculosis California problem, but now that we nities in China:’’ and insert ‘‘not to exceed and Malaria or to any United Nations vol- are into the standing timber areas of $4,000,000 shall be provided to nongovern- untary agency’’ after ‘‘trafficking’’. San Bernardino, and we have watched mental organizations to support activities Mr. MCCONNELL. Mr. President, I that forest die through bug infestation, which preserve cultural traditions and pro- move to reconsider the vote. unable to do anything about it, here is mote sustainable development and environ- Mr. REID. I move to lay that motion mental conservation in Tibetan communities where it could have helped. The on the table. wildland urban interface, where in the Tibetan Autonomous Region and in The motion to lay on the table was firebreaks could have been built, where other Tibetan communities in China, of agreed to. which up to $3,000,000 may be made available the fire could have come down from the for the Bridge Fund of the Rockefeller Phil- f trees and onto the ground, many homes anthropic Advisors to support such activi- MORNING BUSINESS could have been saved. ties:’’. Mr. MCCONNELL. Mr. President, I If the Forest Service didn’t approach AMENDMENT NO. 2022 ask unanimous consent that there now every project as a one-size-fits-all On page 53, line 21, strike ‘‘$8,898,000’’ and be a period of morning business with NEPA process, they might have been insert in lieu thereof the following: $898,000 able to thin the forest out a little, On page 55, line 26, strike ‘‘$314,550,000’’ and Senators permitted to speak therein insert in lieu thereof the following: for up to 10 minutes each. which would have increased the inten- $322,550,000 The PRESIDING OFFICER. Without sity and strength of the western bark AMENDMENT NO. 2023 objection, it is so ordered. beetle epidemic and perhaps reduce (Purpose: To provide for the disclosure of f this risk of conflagration. prices paid for HIV/AIDS medicines in de- If a viable forest products industry veloping countries) FOREST FIRES still existed in the area, one which At the appropriate place, insert the fol- Mr. CRAIG. Mr. President, I come to closed its doors in the mid-1980s due to lowing: the Chamber to express my profound the Forest Service’s failure to manage

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.049 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13373 and thin the forest through the re- THE MENTALLY ILL OFFENDER The bill does not mandate a ‘‘one size moval of trees, some of this pain and TREATMENT AND CRIME REDUC- fits all’’ approach to addressing this suffering might have been avoided. TION ACT OF 2003 issue. Rather, it allows grantees to use While it is the Forest Service’s duty Mr. LEAHY. Mr. President, the Men- the funding authorized under the bill to manage the lands entrusted to them, tally Ill Offender Treatment and Crime for mental health courts or other we in the Congress also must take Reduction Act is a good bipartisan bill court-based programs, for training for some blame. It seems that we have for- that would help State and local govern- criminal justice and mental health sys- gotten to provide the leadership the ments deal effectively with a serious tem personnel, and for better mental agency needs to understand our expec- law enforcement and mental health health treatment in our communities tation of them. problem—the extent to which mentally and within the corrections system. The This is not new. Many of us have ill individuals commit crimes and funding is also generous enough to stood on this floor and many experts recidivate without ever receiving ap- make a real difference, with $100 mil- have spoken on the issue of forest propriate attention from the mental lion authorized for each of the next two health for a decade—whether it is the health, law enforcement, or corrections fiscal years. This is an area where gov- lower Sierras or the San Bernardino or systems. I am pleased that the bill ernment spending can not only do good the forests of Idaho or all of the Great passed the Judiciary Committee unani- but can also save money in the long Basin region of the West. We have 190 mously last week, and the Senate run—a dollar spent today to get men- million acres now of dead and dying unanimously last night. tally ill offenders effective medical forests. The great tragedy is that Cali- I have enjoyed working on this bill care can save many dollars in law en- fornia, with the Santa Ana winds that with Senator DEWINE, who has shown forcement costs in the long run. come this time of year, set up the per- commitment and leadership on this This bill has brought law enforce- fect scenario, and now the great trag- issue. I am also pleased that Senators ment officers and mental health profes- edy is hitting. CANTWELL, DOMENICI, DURBIN, GRASS- sionals together, as we have seen at This Congress has to deal with the LEY, and HATCH have joined Senator both of the hearings the committee has issue. Senator FEINSTEIN has been on DEWINE and I as cosponsors of this bill. held on this issue. the Senate floor working with it. She The issues this bill addresses have re- Now that we have passed this bill, I and I have worked together with the ceived increasing attention of late. For would hope the Senate could turn its appropriate committees—the Agri- example, Human Rights Watch released attention to S. 486, the Paul Wellstone culture Committee, and my colleague, a report just last week discussing the Mental Health Equitable Treatment MIKE CRAPO, Senator COCHRAN, Senator fact ‘‘that jails and prisons have be- Act. Senators DOMENICI and KENNEDY DOMENICI—we have all come together come the Nation’s default mental introduced this bill in February and it to try to solve this problem. We have a health system.’’ The first recommenda- has 66 cosponsors. It would provide for solution and it is H.R. 1904, and it is a tion in the report was for Congress to equal insurance coverage for mental positive step forward. enact this bill. health benefits, and would do a great It is now time for this Senate to de- All too often, people with mental ill- deal to accomplish some of the same bate this bill, vote it up or down. I see ness rotate repeatedly between the objectives we seek to achieve through my colleague from California on the criminal justice system and the streets this bill. I would hope that we could floor. I turn to her and most sincerely of our communities, committing a se- find an hour in the time we have re- say, Mr. President, I express great sad- ries of minor offenses. The ever scarcer maining in this session to debate and ness and sorrow for the tragedy now time of our law enforcement officers is pass this bipartisan and broadly sup- underway in her State. I wish it was being occupied by these offenders who ported bill. over. But the firestorm that is sweep- divert them from more urgent respon- f ing across southern California today sibilities. Meanwhile, offenders find AUTHORITARIANISM IN RUSSIA will only die with the winds and when themselves in prisons or jails, where we begin a positive effort at restoring little or no appropriate medical care is Mr. MCCAIN. Mr. President, the ar- the health of our natural lands and for- available for them. This bill gives rest of Russian businessman Mikhail ested areas. State and local governments the tools Khodorkovsky by Russian security agents last weekend is of grave con- f to break this cycle, for the good of law enforcement, corrections officers, the sequence to U.S.-Russia relations. It LOCAL LAW ENFORCEMENT ACT public safety, and mentally ill offend- caps a chilling and aggressive turn to- OF 2003 ers themselves. ward authoritarianism in Vladimir Mr. SMITH. Mr. President, I rise I held a Judiciary Committee hearing Putin’s Russia. It is past time for all today to speak about the need for hate last June on the criminal justice sys- friends of Russia, and all who support crimes legislation. On May 1, 2003, Sen- tem and mentally ill offenders. At that strong U.S.-Russia relations, to speak ator KENNEDY and I introduced the hearing, we heard from State mental out about the ascendant role of the Local Law Enforcement Enhancement health officials, law enforcement offi- Russian security services in the Krem- Act, a bill that would add new cat- cers, corrections officials, and the rep- lin, President Putin’s suppression of egories to current hate crimes law, resentative of counties around our Na- free media, the government’s politi- sending a signal that violence of any tion. All of our witnesses agreed that cized prosecutions of its opponents, kind is unacceptable in our society. people with untreated mental illness continuing and grievous human rights On March 17, 1999, Murietta, CA, resi- are more likely to commit crimes, and violations at the hands of the Russian dent Randy Bowen, who is black, was that our State mental health systems, army in Chechnya, and increased Rus- attacked at a party in the Lake Skin- prisons, and jails do not have the re- sian meddling, intimidation, and har- ner Hills. Bowen’s two white assailants sources they need to treat the men- assment of its sovereign neighbors. were self-proclaimed white suprema- tally ill, and prevent crime and recidi- American policy must change dramati- cists. They first hit Bowen in the head vism. We know that more than 16 per- cally as a result of these developments, with a bottle and, when he fled, slashed cent of adults incarcerated in U.S. jails which have been in evidence for several his back using a straight razor. Both and prisons have a mental illness, that years, for there can be no stability in men were found guilty of committing a about 20 percent of youth in the juve- U.S.-Russian relations, to say nothing hate crime. nile justice system have serious mental of any strategic partnership, as long as I believe that Government’s first health problems, and that up to 40 per- Russia is moving away from the values duty is to defend its citizens, to defend cent of adults who suffer from a serious of freedom and democratic progress so them against the harms that come out mental illness will come into contact many Russians celebrated when the So- of hate. The Local Law Enforcement with the American criminal justice viet Union fell 12 years ago. I will have Enhancement Act is a symbol that can system at some point in their lives. We more to say on this matter, but for the become substance. I believe that by know these things, but we have not moment I wish to draw my colleagues’ passing this legislation and changing done enough about them at the Federal attention to an incisive opinion article current law, we can change hearts and level, and our State and local officials by Bruce Jackson entitled ‘‘The Fail- minds as well. need our help. ure of Putin’s Russia,’’ published today

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.104 S28PT1 S13374 CONGRESSIONAL RECORD — SENATE October 28, 2003 in the Washington Post, and an accom- watching carefully to see how Washington Mr. Khodorkovsky’s arrest has been widely panying Post editorial entitled ‘‘Ped- responds to this latest crackdown. If the understood in Russia as a political act—and aling Backward.’’ United States fails to take a hard line in re- possibly the beginning of a real change in of- I ask unanimous consent that these sponse to such a high-visibility arrest, chau- ficial Russian attitudes toward private prop- vinists in the Russian Ministry of Defense erty and capitalism itself. articles be printed in the RECORD. and the FSB will correctly conclude that Mr. Khodorkovsky stands out in Russia be- There being no objection, the mate- there will be no meaningful response to the cause he has made his company and its rial was ordered to be printed in the reestablishment of a neo-imperial sphere of books more transparent than had any of his RECORD, as follows: influence in the new democracies to Russia’s rivals. Though the origins of his empire are [From the Washington Post, Oct. 28, 2003] south and west. In addition to the expected shady, he is, in some ways, Russia’s first real Cold War thuggery and opportunistic finan- capitalist—and like a real capitalist, he THE FAILURE OF PUTIN’S RUSSIA hasn’t hesitated to participate openly in the (By Bruce P. Jackson) cial seizures, we should expect that the new powers in Russia will rig the crucial elec- democratic system by donating money to po- Every so often the arrest of one man in- tions in Ukraine and Georgia next year and litical parties, including those who oppose volves more than the charges he may face continue to prop up the brutal dictatorship Mr. Putin. Putting him under arrest sends a and his fate before the court. In these rare of Alexander Lukashenko in Belarus. clear signal to other Russians that no one is instances, the legal proceedings are a dis- Finally, the incarceration of one man in safe from arbitrary prosecution, or from the traction from the larger moral and strategic Moscow’s notorious Matrosskaya Tishina political whims of the Kremlin. It’s also a signal that the Russian govern- implications, and so they are intended to be. Prison poses painful questions for U.S. pol- ment cares far more about destroying its ri- The arrest of Mikhail Khodorkovsky by Rus- icy. It is now impossible to argue that Presi- vals than it does about genuinely improving sian secret services in Siberia over the week- dent Bush’s good-faith efforts at personal di- the Russian economy. In recent months, end is one such arrest. plomacy with Putin have produced demo- there were signs that capital flight from The ‘‘crimes’’ of Khodorkovsky are consid- cratic outcomes. Indeed, each of Putin’s vis- Russia had stabilized, as Russian business- erable in the eyes of the special prosecutor its to the Crawford ranch and Camp David men slowly began to feel more confident in and the new regime of former KGB officers has been followed by the cynical curtailment who now surround President Vladimir Putin. the country’s legal system. Following Mr. of democratic freedom inside Russia. While Khodorkovsky’s arrest, the stock market As chairman of Yukos Oil, Khodorkovsky is it remains unclear what positive qualities a successful businessman who built the larg- crashed and the Russian ruble plunged, as Bush detected in Putin’s soul during their fa- rumors of new capital flight abounded. Large est privately held company in Russia from mous meeting in Slovenia, it is abundantly the wreckage of the Soviet energy sector, investors, including Western oil companies, clear that this is the ‘‘soul’’ of a would-be may be confident they have enough Kremlin converted his firm to Western business prac- Peter the Great. tices and entered into merger discussions connections to stay in the country, but If anyone should pay a price for the pursuit smaller investors are now more likely to with American corporate giants. This con- of thuggish policies, it is Putin. It’s difficult duct alone might, in today’s Russia, be con- stay away. to see why the U.S. Senate would even con- The Bush administration’s reaction to this sidered a threat to the state, but the real sider repealing the Jackson-Vanik Amend- charge behind the arrest contains much arrest may determine whether it sticks. Just ment, the 1974 legislation under which Rus- a few weeks ago, President Bush endorsed more. sia still must receive an annual waiver from This has been a year in which independent ‘‘President Putin’s vision for Russia: a coun- the United States to maintain normal trade try . . . in which democracy and freedom and media and major independent business own- relations. On the contrary, Congress should ers in Russia have been put out of business rule of law thrive.’’ It’s hard to see how probably consider additional sanctions. The President Putin’s ‘‘vision’’ can include the by the strong-arm tactics of the special pros- FSB-led attack on Russian business has al- ecutor and the newly vigilant Federal Secu- rule of law if it also includes arbitrary pros- ready cost American shareholders multiple ecution. Certainly there are some within the rity Service (FSB), the agency that suc- billions in their savings. These losses will ceeded the KGB. In a climate that progres- administration who believe that a Russian undoubtedly continue until some element of strategic decision to start rolling back de- sive Russian business executives compare to the rule of law returns to Moscow. the fearful period of the 1950s, Khodorkovsky mocracy and the rule of law will undermine The arrest of one man has sent us a signal the Russian-American relationship. But the made the fatal mistake of expressing polit- that our well-intentioned Russian policy has president himself must now recognize that ical opinions and having the temerity to pro- failed. We must now recognize that there has that is what now may be happening. Mr. vide financial support to opposition parties. been a massive suppression of human rights While this alone is insurrectionary behav- Bush may be unable to persuade his friend and the imposition of a de facto Cold War- ior in the increasingly czarist world of Presi- Vladimir to behave differently, but it is vital type administration in Moscow. It is not too that he try. The preservation of democracy dent Putin, Khodorkovsky had the addi- soon to wonder if we are witnessing the for- in Russia is more than an ideal; it is a cru- tional misfortune of being the last surviving mal beginning of a rollback of the demo- cial U.S. interest. oligarch. For those who have not kept up cratic gains we have seen in Central and their Russian, ‘‘oligarch’’ is a term of art for f Eastern Europe, in Ukraine and elsewhere ‘‘rich Jews’’ who made their money in the since the fall of the Berlin Wall in 1989. NATIONAL CYBERSECURITY DAY massive privatization of Soviet assets in the Obviously, there will be some in Wash- early 1990s. It is still not a good thing to be Mr. LEAHY. Mr. President, I remind ington who will argue that all the oligarchs my colleagues of the vital importance a successful Jew in historically anti-Semitic are probably guilty of some unspecified Russia. crime or another. And that we would be wise of developing, and then maintaining, Since Putin was elected president in 2000, not to jeopardize our relationship with Putin effective cybersecurity systems in our every major figure exiled or arrested for fi- for the sake of one man or one company. But workplaces, our government offices, nancial crimes has been Jewish. In dollar there are some who are probably still wait- and our homes. We have all become terms, we are witnessing the largest illegal ing for the facts of the Dreyfus case before acutely aware, as we confront the expropriation of Jewish property in Europe jumping to conclusions. The rest of us al- since the Nazi seizures during the 1930s. many possible threats to our national ready know that we have been played for Unfortunately, the implications of security, that much of our critical in- fools. Khodorkovsky’s arrest go beyond the sup- frastructure is now run by computer pression of democratic voices and the return networks. Illegal access to these net- [From the Washington Post, Oct. 28, 2003] of official anti-Semitism. This arrest must works can compromise the provision of be seen in the context of increasingly aggres- PEDALING BACKWARD power, telecommunications, and water sive, military and extrajudicial actions in Speaking to his cabinet yesterday, Russian in an instant. In the private sector, Ukraine, Moldova, the South Caucasus and President Vladimir Putin dismissed the spec- whole industries now rely on informa- Chechnya. In the past month, Putin has de- ulation sparked by last weekend’s arrest of manded that Ukraine sign a concessionary Mikhail Khodorkovsky, Russia’s richest tion technology in order to function. In economic treaty; Russian intelligence serv- man. ‘‘Everyone should be equal under the addition, millions of Americans depend ices have been detected behind election law,’’ President Putin said, ‘‘irrespective of on their computers to explore the irregularities in Azerbaijan and Georgia and how many billions of dollars a person has on Internet, to access information and en- in influence-peddling in Moldova and his personal or corporate account.’’ tertainment, and to preserve their per- Abkhazia; and Russian gunboats have con- Would that it were true. Whatever he may sonal records. At the same time they fronted the Ukrainian Coast Guard in an ille- or may not have done, Mr. Khodorkovsky, must protect their most significant, gal attempt to seize a valuable commercial chairman of the Yukos oil company, has not and often intimate, data—such as med- waterway. been arrested solely because he may have For the balance of his first term, Putin has committed crimes. If the Russian govern- ical records and credit card informa- skillfully taken advantage of America’s nec- ment were to hold all wealthy businessmen tion. With all this at risk, effective essary preoccupations with the war on ter- to account for the laws they broke while ac- cybersecurity should be paramount in rorism and the liberation of Iraq. Now Mos- cumulating capital over the past decade, far every corporation, government agency, cow and the capitals of Eastern Europe are more people would be under arrest. In fact, and personal home.

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.106 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13375 This past weekend marked National threats, our primary goal will be to hard work and dedication of our troops. Cybersecurity Day. With the strong ef- raise awareness about those dangers, Were it not for their courage and perse- forts of the Federal Trade Commission and to give citizens and law enforce- verance, our presence in Iraq would be and the Congressional Internet Caucus, ment the tools they need to protect our in vain. we have come a long way in raising rights, to improve our security, and to Our military men and women will awareness about cybersecurity. The redress wrongdoing as we continue to surely face more difficult days in Iraq, FTC has made a great deal of impor- develop ever-better cybersecurity sys- and the Iraqi people will be tested by tant information available on their tems. the responsibilities that come with website, and I encourage people to visit f freedom. The thugs who propped up the that website, at www.ftc.gov. I am previous regime and outside forces proud to be a Senate cochair of the HONORING OUR ARMED FORCES with goals of their own continue to Internet Caucus, along with Senator Mr. NICKLES. Mr. President, in the cause problems, stir up trouble and ini- BURNS, Congressman GOODLATTE, and time since major combat in Iraq has tiate violence. Freedom is messy—no- Congressman BOUCHER. In addition to ended and peacekeeping and transi- where more so than in a country that an impressive array of speakers on all tional operations have begun, the has just shaken off a brutal dictator- aspects of the Internet, the caucus has United States, our allies and the Iraqi ship. begun a series of constituent education people have accomplished much. Today I rise to honor a man who seminars, targeted at helping all of us The men and women of our armed made the ultimate sacrifice one can provide better information, assistance, forces in particular deserve much make for his country. On August 23, and support to the people in our home praise for their diligence and bravery. Spec. Stephen M. Scott, 21, of Lawton, states as they grapple with the diz- They have been given the goal of estab- OK, died of noncombat-related injuries zying possibilities and pitfalls of the lishing democracy in Iraq, and their near Al Fallujah after being evacuated Internet. success in this endeavor is directly to the 28th Combat Support Hospital. Our efforts have not been limited to linked to the freedom and security we His wife, Marie Scott remembers her just one day. Last week this body enjoy in the homeland. A free and husband as a gentle giant with a very passed important anti-spam legislation democratic Iraq will stand as a beacon affectionate personality. ‘‘He was that will help to keep unwanted—often of hope amidst one of the world’s most amazing,’’ she said of Scott. ‘‘He was 6- illicit—e-mail off the Internet, and off troubled regions. foot-5 and weighed 225 pounds, but was our computer screens. In the Judiciary Fortunately we are now seeing many so gentle . . . If there was a little guy Committee, we have held hearings re- of the fruits of their labor. getting picked on he’d be the one to cently on the dangers of peer-to-peer Nearly 760,000 metric tons of food stand up for him.’’ technology. This technology has the items have been dispatched into Iraq in Spec. Scott died doing just that. His potential to revolutionize the way peo- just one month’s time. Health care cen- mission in Iraq was clear: to help the ple share all sorts of information. But ters are receiving shipments of health Iraqi people overthrow the shackles of as with any technology, it can be care kits, refrigerators and furniture. a brutal dictatorship—to help the little abused. Peer-to-peer networks can be Shipments of office supplies including guy. used to distribute child pornography furniture, computers and printers have As we watch the dawn of a new day in and to expose our children to a host of been received in Iraq and will be used Iraq, let us never forget that the free- obscene materials. It can also be used to equip seven essential government dom we enjoy every day in America is to delve into people’s private records or ministries. bought at a price. illegally to share copyrighted material. The Iraqi people are stepping up to Spec. Scott did not die in vain. He Pornography, and child pornography provide leadership for their newly lib- died so that many others could live in particular, is prevalent on peer-to- erated country. Crops are being suc- freely. And for that sacrifice, we are peer networks. According to recent re- cessfully planted in areas that have not forever indebted. Our thoughts and ports, as much as 42 percent of peer-to- produced for years. Iraqis are volun- prayers are with him and his family peer requests are for pornography. teering for the new Iraqi Army. The today and with the troops who are put- What is more, at a recent committee Iraqi Nurses Association has initiated ting their lives on the line in Iraq. hearing we learned that at least one a two-day conference to lay the ground f popular peer-to-peer network does not work for adequate nursing services in identify its pornographic material in Iraq over the next ten years and close MOVING TO SUSPEND RULE XVI any way. Thus, advertisements on its to 30,000 Iraqis have undergone training Mr. DORGAN. Mr. President, I here- network appear just as regularly with to be members of Iraq’s new police by provide notice that I intend to move child pornography and other obscene force. to suspend rule XVI of the Standing content as with scientific reviews and More importantly, representative de- Rules of the Senate for my amendment scholarly papers. mocracy in Iraq has taken shape. The No. 2000. Some of the danger of using peer-to- Iraqi Governing Council has been (The amendment is printed in today’s peer networks can be alleviated with formed and brings together 25 political RECORD under ‘‘Text of Amendments.’’) good cybersecurity. Reading privacy leaders from across Iraq. The Council (At the request of Mr. DASCHLE, the statements, taking the time to under- will name Iraqi Ministers, represent following statement was ordered to be stand the software you are using, as the new country internationally, and printed in the RECORD.) well as keeping filters and antivirus draft a constitution that will pave the f software turned on and up to date, all way for national elections leading to a help. Knowing what your children are fully sovereign Iraqi government. DOMENICI MOTION TO TABLE doing online is also important. In addi- Recently, we have confirmed that FEINGOLD-BROWNBACK AMEND- tion, we have given prosecutors power- Saddam Hussein’s sons, Uday and MENT TO THE ENERGY BILL ful tools to go after the people who Qusay have been killed in a firefight in ∑ Mr. KERRY. Mr. President, today I threaten our security. Mosul. This development has led to an will clarify my position on an amend- Our efforts must continue. The very increase in tips from the Iraqi people, ment offered by Senators FEINGOLD and nature of cyberspace means that the one of which led us the capture of 660 BROWNBACK to the Energy Bill. Their threat to security is always changing. surface to air missiles, as well as an in- bipartisan amendment was aimed at Our responses must evolve as well, creasing confidence among the Iraqi protecting small businesses and con- both as individuals and as legislators. I people. sumers from efforts to roll back regula- am pleased to be continuing to work With two thirds of the Hussein re- tions governing utility holding compa- with Chairman HATCH as we inves- gime gone, one has reason to hope that nies. I was absent for the vote, number tigate, not just the peer-to-peer situa- the final piece of the puzzle will soon 315, and at the time, was announced as tion, but the larger set of cir- follow. an ‘‘aye’’ in favor of a motion to table cumstances that may threaten our And this good news that we are wit- the amendment. Through no fault of cybersecurity. As we identify those nessing in Iraq is a direct result of the the distinguished Senator from Nevada

VerDate jul 14 2003 05:22 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.107 S28PT1 S13376 CONGRESSIONAL RECORD — SENATE October 28, 2003 who announced my vote, if I had been tinue publishing. After hearing Ms. Wright, and has been Warden for the here, I would have voted ‘‘nay,’’ and Goryachova’s story, Omaha World-Her- last four Bishops in Delaware. The supported the amendment which would ald Publisher John Gottschalk offered Scott’s are also members of Christ have required the Federal Energy Reg- to donate a printing press to the news- Church in Greenville, DE where Bob ulatory Commission to issue rules en- paper. The generosity of an anonymous has often been a vestry member. Bob suring that small businesses can stay donor and the Omaha World-Herald has was also a delegate to the National competitive with deregulated holding ensured that Tatyana Goryachova will Episcopal Church Triennial Convention companies. The amendment also would have both her eyesight and a strong for more than 20 years, during the con- have ensured that these holding com- voice in her community. tentious times when the Episcopal panies do not damage the financial U.S. Supreme Court Justice Louis D. Church first accepted the ordination of standing of small businesses or pass Brandeis wrote in 1913 that, ‘‘Sunlight women as clergy members and bishops. the costs of bad investments to con- is the best of disinfectants; electric Reverend John Martiner of Christ sumers. light the most efficient policeman.’’ Church describes Bob and Muff as a Senator FEINGOLD and Senator Ms. Goryachova understands that ex- real team. Whether folding church bul- BROWNBACK were correct. This amend- posing corruption and illuminating letins or volunteering at community ment is just good public policy and Ukraine’s darkest corners is the surest events, they are always working to- would have protected small contractors way to end abuse and promote democ- gether. They are devoted to each other against big utilities. I appreciate their racy. A free press is not only a sign of and to their families. hard work and dedication to this im- a thriving democracy, it is an impor- Bob and Muff are also dedicated to portant issue.∑ tant tool of democracy. St. Michael’s School and Nursery, a f Building a strong democratic tradi- non-profit institution that provides af- fordable, high-quality early childhood ADDITIONAL STATEMENTS tion takes journalists and citizens like Tatyana Goryachova who are com- education and childcare to the commu- mitted to transparency and integrity nity. Both Bob and Muff are on the TATYANA GORYACHOVA in government. For her commitment board of directors. They have served on the board alternately for over 30 years. ∑ and sacrifices, her contributions to Mr. HAGEL. Mr. President, I rise Helen Riley, the executive director of journalism and to democracy, Tatyana today to recognize Tatyana St. Michael’s, describes the Scott’s as Goryachova deserves our recognition Goryachova for her contributions to representing the true spirit of philan- and respect.∑ journalism and her strength in the face thropy. Muff is known as the ‘‘Board of extreme adversity. Ms. Goryachova f Builder’’ at St. Michael’s. She brings in is a Ukrainian newspaper editor who, ROBERT AND MARGARET SCOTT’S next generations of families to support as a result of her unbiased reporting 60TH WEDDING ANNIVERSARY the organization. She has involved and journalistic integrity, has suffered ∑ Mr. CARPER. Mr. President, I rise young children in philanthropy by threats and physical assault. teaching them to donate their own A free press is a defining char- today to congratulate Robert and Mar- garet Scott, better known as Bob and toys and books, and by showing them acteristic of a democratic society. A the value in volunteering their own free press in the U.S. is provided for Muff, who will celebrate their 60th wed- ding anniversary on November 6, 2003. time. Bob serves as an advisor to the and protected by our Constitution. In school and has proven to be reliable Ukraine before the fall of communism As they celebrate this milestone in their lives, they will surely reflect on and dependable for expert advice from in 1991, newspapers were censored and a business standpoint. They often sell only allowed to publish officially sanc- the many changes, successes and ac- complishments they have experienced books at their church and collect tioned positions. While a free press is money in tin cans for scholarships and taking hold in Ukraine, significant together over the last sixty years. Theirs is a journey of which they can faculty training and advancement. pressure remains to publish only sto- Today, I rise to congratulate Bob and be proud. ries favorable to government and busi- Muff on their 60th wedding anniver- Bob is the son of the late Chester and ness interests. sary. Both have shown great service Evangeline Scott. Bob attended Miami Ms. Goryachova and her husband, and commitment to their family and University of Ohio for his under- Sergey Belousov, have owned and edit- their community. They serve as true graduate degree and received his mas- ed the Berdyansk Delovoy in role models. I know that their years to- ter’s and PhD in Organic Chemistry Berdyansk, Ukraine since 1998. As edi- gether hold many beautiful memories. from Northwestern University. His tor, Ms. Goryachova has insisted on It is my hope that those ahead will be evenhanded coverage. The newspaper wife, Muff, is the daughter of the late filled with continued joy. I wish them has exposed corruption in the city gov- Benjamin and Ann Penix. She received both the very best in all that lies ernment and covered challengers as her bachelor’s and master’s degrees in ahead.∑ well as incumbents in city elections—a English from the University of Ken- f decision that brought her into conflict tucky. with government officials. Bob and Muff met and began dating COMMENDING STEVE PICCO Ms. Goryachova’s professional in college. Although their respective ∑ Mr. CORZINE. Mr. President, I wish choices have made her the subject of schools were over sixty miles apart, a to commend the work of Steve Picco, severe personal hardships. The college weekend brought them to- who is retiring after 8 years as a board Berdyansk Delovoy office was vandal- gether. They were married on Novem- member of the Northeast-Midwest In- ized. Ms. Goryachova’s life has been ber 6, 1943 in Morehead, KY. stitute. A two-term chairman of the In- threatened. She was attacked and had The Scotts moved to Delaware in stitute’s Board of Directors, Steve acid thrown in her face, causing serious 1950, when Bob took a position with served with leadership, vision, and wit. damage to her eyes and skin. Despite Hercules. Over his 35-year career at Steve has had a distinguished career this, she has persevered and continued Hercules, Bob moved from being a in New Jersey, with more than 20 years complete coverage at the newspaper. bench chemist to a plant chemist, to of experience as a regulator and practi- Ms. Goryachova found an advocate in eventually becoming the Director of tioner in the areas of environmental Hal Foster, an American journalist and Research and Development. Muff di- and energy law. He served as Assistant Omaha World-Herald correspondent she vided between raising a family, com- Commissioner in both the New Jersey met at a journalism seminar in Kiev, munity service and substitute teaching Department of Environmental Protec- Ukraine. Mr. Foster arranged to have at area schools. They are blessed with tion and New Jersey Department of En- Ms. Goryachova’s eye injuries treated three children, Bob, Ann and Tom, and ergy and as a member of the New Jer- in the United States. He secured an six grandchildren, Lee, Rob, Joshua, sey Economic Development Authority anonymous benefactor who paid for her Clarissa, Clay and Lex. and the Delaware River Basin Commis- care. Bob and Muff are active members of sion. He currently is a partner with In addition, the Berdyansk Delovoy the community. Bob is Warden to Dela- Reed Smith Shaw and McClay in needed its own printing press to con- ware’s Episcopal Bishop, Wayne Princeton.

VerDate jul 14 2003 05:22 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.109 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13377 The Northeast-Midwest Congres- MEASURES REFERRED Committee on Energy and Natural Re- sional Coalitions and Institute strive sources. The following bill was read the first By Mr. DOMENICI (for himself, Mr. to promote the region’s economic vi- and second times by unanimous con- tality while preserving its environ- SCHUMER, Mr. BENNETT, Mr. sent, and referred as indicated: SANTORUM, Mr. BUNNING, and Mr. mental quality. A goal served by our H.R. 3175. An act to designate the facility WARNER): States working together to influence of the United States Postal Service located S. 1792. A bill to amend the Internal Rev- legislative policy important to the re- at 2650 Cleveland Avenue, NW in Canton, enue Code of 1986 to provide the same capital gion. Steve Picco deserves much praise Ohio, as the ‘‘Richard D. Watkins Post Office gains treatment for art and collectibles as for his efforts on behalf of the State of Building’’; to the Committee on Govern- for other investment property and to provide New Jersey and for ensuring that the mental Affairs. that a deduction equal to fair market value shall be allowed for charitable contributions Institute’s work is relevant to the key f policy issues affecting Northeastern of literary, musical, artistic, or scholarly ∑ ENROLLED BILLS PRESENTED compositions created by the donor; to the and Midwestern States. Committee on Finance. f The Secretary of the Senate reported By Mr. KENNEDY (for himself, Mr. that on today, October 28, 2003, she had DODD, Mr. BINGAMAN, Mrs. MURRAY, MESSAGE FROM THE PRESIDENT presented to the President of the Mr. REED, and Mrs. CLINTON): A message from the President of the United States the following enrolled S. 1793. A bill to provide for college qual- United States was communicated to bill: ity, affordability, and diversity, and for the Senate by Ms. Evans, one of his other purposes; to the Committee on Health, S. 3. An act to prohibit the procedure com- Education, Labor, and Pensions. secretaries. monly known as partial-birth abortion. f f f EXECUTIVE MESSAGE REFERRED SUBMISSION OF CONCURRENT AND REPORTS OF COMMITTEES SENATE RESOLUTIONS As in executive session the Presiding The following reports of committees The following concurrent resolutions Officer laid before the Senate a mes- were submitted: sage from the President of the United and Senate resolutions were read, and States submitting a treaty which was By Mr. INHOFE, from the Committee on referred (or acted upon), as indicated: Environment and Public Works, with an By Mr. HATCH (for himself, Mr. referred to the Committee on Foreign amendment: VOINOVICH, Mr. COLEMAN, Ms. COL- Relations. S. 1757. A bill to amend the John F. Ken- LINS, Mr. REID, Mrs. BOXER, and Mr. f nedy Center Act to authorize appropriations SMITH): for the John F. Kennedy Center for the Per- S. Con. Res. 76. A concurrent resolution MESSAGES FROM THE HOUSE forming Arts (Rept. No. 108–174). recognizing that November 2, 2003, shall be At 2:40 p.m., a message from the f dedicated to ‘‘A Tribute to Survivors’’ at the House of Representatives, delivered by United States Holocaust Memorial Museum; Ms. Niland, one of its reading clerks, INTRODUCTION OF BILLS AND to the Committee on the Judiciary. announced that pursuant to section JOINT RESOLUTIONS By Mr. SESSIONS: 1002(b) of the Intelligence Authoriza- The following bills and joint resolu- S. Con. Res. 77. A concurrent resolution ex- tion Act for Fiscal Year 2003 (50 U.S.C. tions were introduced, read the first pressing the sense of Congress supporting 401 note), and the order of the House of vigorous enforcement of the Federal obscen- and second times by unanimous con- ity laws; to the Committee on the Judiciary. January 8, 2003, the Speaker appoints sent, and referred as indicated: f the following Member of the House of By Mr. ALEXANDER (for himself, Mr. Representatives to the National Com- DODD, and Mr. KENNEDY): ADDITIONAL COSPONSORS mission for the Review of the Research S. 1786. A bill to revise and extend the and Development Programs of the Community Services Block Grant Act, the S. 377 United States Intelligence Community: Low-Income Home Energy Assistance Act of At the request of Ms. LANDRIEU, the Mr. HOEKSTRA of Michigan; from pri- 1981, and the Assets for Independence Act; to name of the Senator from Indiana (Mr. vate life on the part of the House of the Committee on Health, Education, Labor, BAYH) was added as a cosponsor of S. and Pensions. Representatives: Mr. K Stuart Shea of 377, a bill to require the Secretary of By Mr. SPECTER: the Treasury to mint coins in com- Virginia, and Mr. Gardner G. Peckham S. 1787. A bill to establish the Steel Indus- of Maryland. try National Historic Site in the Common- memoration of the contributions of Dr. The message also announced that wealth of Pennsylvania; to the Committee Martin Luther King, Jr., to the United pursuant to section 103(c) of Public on Energy and Natural Resources. States. Law 108–83 (2 U.S.C. 130–2), and the By Mr. CAMPBELL: S. 423 order of the House of January 8, 2003, S. 1788. A bill to amend title 40, United At the request of Ms. COLLINS, the the Speaker appoints Ms. Martha C. States Code, to authorize the Administrator name of the Senator from Nevada (Mr. of General Services to lease and redevelop Morrison as Director of the Office of certain Federal property on the Denver Fed- ENSIGN) was added as a cosponsor of S. Interparliamentary Affairs of the eral Center in Lakewood, Colorado; to the 423, a bill to promote health care cov- United States House of Representa- Committee on Governmental Affairs. erage parity for individuals partici- tives. By Mr. MILLER: pating in legal recreational activities S. 1789. A bill to authorize the exchange of or legal transportation activities. certain lands within the Martin Luther King, At 4:17 p.m., a message from the S. 448 House of Representatives, delivered by Junior, National Historic Site for lands At the request of Mr. CORZINE, his Mr. Hays, one of its reading clerks, an- owned by the City of Atlanta, Georgia, and for other purposes; to the Committee on En- name was added as a cosponsor of S. nounced that the House has passed the 448, a bill to leave no child behind. following bill, in which it requests the ergy and Natural Resources. By Mr. BAYH (for himself and Mr. concurrence of the Senate: S. 623 LUGAR): At the request of Mr. WARNER, the H.R. 3175. An act to designate the facility S. 1790. A bill to designate the facility of name of the Senator from Kansas (Mr. of the United States Postal Service located the United States Postal Service located at at 2650 Cleveland Avenue, NW, in Canton, 3210 East 10th Street in Bloomington, Indi- BROWNBACK) was added as a cosponsor Ohio, as the ‘‘Richard D. Watkins Post Office ana, as the ‘‘Francis X. McCloskey Post Of- of S. 623, a bill to amend the Internal Building’’. fice Building’’; to the Committee on Govern- Revenue Code of 1986 to allow Federal The message also announced that the mental Affairs. civilian and military retirees to pay House has passed the bill (S. 926) to By Mr. DOMENICI (for himself and Mr. health insurance premiums on a pretax amend section 5379 of title 5, United BINGAMAN): basis and to allow a deduction for S. 1791. A bill to amend the Lease Lot Con- TRICARE supplemental premiums. States Code, to increase the annual and veyance Act of 2002 to provide that the aggregate limits on student loan repay- amounts received by the United States under S. 950 ments by Federal agencies, without that Act shall be deposited in the reclama- At the request of Mr. ENZI, the names amendment. tion fund, and for other purposes; to the of the Senator from Michigan (Mr.

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.059 S28PT1 S13378 CONGRESSIONAL RECORD — SENATE October 28, 2003 LEVIN) and the Senator from Arkansas S. 1645 propriations for the John F. Kennedy (Mr. PRYOR) were added as cosponsors At the request of Mr. CRAIG, the Center for the Performing Arts. of S. 950, a bill to allow travel between names of the Senator from Utah (Mr. S. RES. 244 the United States and Cuba. HATCH), the Senator from Vermont At the request of Mrs. BOXER, the S. 1246 (Mr. LEAHY), the Senator from Ken- name of the Senator from New Mexico At the request of Mr. ROBERTS, the tucky (Mr. MCCONNELL), the Senator (Mr. BINGAMAN) was added as a cospon- name of the Senator from Nevada (Mr. from Wisconsin (Mr. FEINGOLD), the sor of S. Res. 244, a resolution con- ENSIGN) was added as a cosponsor of S. Senator from New Mexico (Mr. DOMEN- gratulating Shirin Ebadi for winning 1246, a bill to amend the Internal Rev- ICI), the Senator from Nebraska (Mr. the 2003 Nobel Peace Prize and com- enue Code of 1986 to provide for colle- NELSON) and the Senator from North mending her for her lifetime of work to giate housing and infrastructure Carolina (Mr. EDWARDS) were added as promote democracy and human rights. grants. cosponsors of S. 1645, a bill to provide AMENDMENT NO. 1966 At the request of Mr. DEWINE, the S. 1379 for the adjustment of status of certain foreign agricultural workers, to amend names of the Senator from Utah (Mr. At the request of Mr. JOHNSON, the HATCH), the Senator from Pennsyl- names of the Senator from Massachu- the Immigration and Nationality Act to reform the H–2A worker program vania (Mr. SPECTER), the Senator from setts (Mr. KERRY) and the Senator from under that Act, to provide a stable, New York (Mrs. CLINTON), the Senator Minnesota (Mr. COLEMAN) were added from Massachusetts (Mr. KERRY), the as cosponsors of S. 1379, a bill to re- legal agricultural workforce, to extend basic legal protections and better Senator from Maryland (Ms. MIKULSKI) quire the Secretary of the Treasury to and the Senator from North Carolina mint coins in commemoration of vet- working conditions to more workers, (Mr. EDWARDS) were added as cospon- erans who became disabled for life and for other purposes. S. 1691 sors of amendment No. 1966 proposed to while serving in the Armed Forces of H.R. 2800, a bill making appropriations the United States. At the request of Mr. CORZINE, his name was added as a cosponsor of S. for foreign operations, export financ- S. 1422 1691, a bill to establish commissions to ing, and related programs for the fiscal At the request of Mr. CORZINE, the review the facts and circumstances sur- year ending September 30, 2004, and for name of the Senator from Washington rounding injustices suffered by Euro- other purposes. (Mrs. MURRAY) was added as a cospon- pean Americans, European Latin AMENDMENT NO. 1968 sor of S. 1422, a bill to provide assist- Americans, and Jewish refugees during At the request of Mr. REID, the name ance to train teachers of children with World War II. of the Senator from New Hampshire autism spectrum disorders, and for (Mr. GREGG) was added as a cosponsor S. 1706 other purposes. of amendment No. 1968 proposed to At the request of Mr. SCHUMER, the H.R. 2800, a bill making appropriations S. 1482 names of the Senator from Ohio (Mr. At the request of Mr. INOUYE, the for foreign operations, export financ- DEWINE) and the Senator from Cali- ing, and related programs for the fiscal name of the Senator from Louisiana fornia (Mrs. FEINSTEIN) were added as (Ms. LANDRIEU) was added as a cospon- year ending September 30, 2004, and for cosponsors of S. 1706, a bill to improve other purposes. sor of S. 1482, a bill to amend the Inter- the National Instant Criminal Back- AMENDMENT NO. 1969 nal Revenue Code of 1986 to repeal the ground Check System, and for other At the request of Mr. BYRD, the reduction in the deductible portion of purposes. expenses for business meals and enter- names of the Senator from Vermont S. 1708 tainment. (Mr. JEFFORDS), the Senator from New At the request of Mr. KENNEDY, the Jersey (Mr. CORZINE) and the Senator S. 1506 name of the Senator from New Jersey from Illinois (Mr. DURBIN) were added At the request of Mr. BUNNING, the (Mr. CORZINE) was added as a cosponsor as cosponsors of amendment No. 1969 name of the Senator from Georgia (Mr. of S. 1708, a bill to provide extended un- proposed to H.R. 2800, a bill making ap- CHAMBLISS) was added as a cosponsor of employment benefits to displaced propriations for foreign operations, ex- S. 1506, a bill to amend the Internal workers, and to make other improve- port financing, and related programs Revenue Code of 1986 to allow distilled ments in the unemployment insurance for the fiscal year ending September 30, spirits wholesalers a credit against in- system. 2004, and for other purposes. come tax for their cost of carrying Fed- S. 1746 AMENDMENT NO. 1970 eral excise taxes prior to the sale of the At the request of Mr. SCHUMER, the At the request of Mr. MCCONNELL, product bearing the tax. name of the Senator from New York the names of the Senator from New S. 1531 (Mrs. CLINTON) was added as a cospon- Jersey (Mr. CORZINE) and the Senator At the request of Mr. HATCH, the sor of S. 1746, a bill to designate the fa- from California (Mrs. FEINSTEIN) were name of the Senator from Michigan cility of the United States Postal Serv- added as cosponsors of amendment No. (Ms. STABENOW) was added as a cospon- ice located at 339 Hicksville Road in 1970 proposed to H.R. 2800, a bill mak- sor of S. 1531, a bill to require the Sec- Bethpage, New York, as the ‘‘Brian C. ing appropriations for foreign oper- retary of the Treasury to mint coins in Hickey Post Office Building’’. ations, export financing, and related commemoration of Chief Justice John S. 1751 programs for the fiscal year ending Marshall. At the request of Mr. GRASSLEY, the September 30, 2004, and for other pur- S. 1562 name of the Senator from Nebraska poses. At the request of Mr. CRAIG, the (Mr. HAGEL) was added as a cosponsor f name of the Senator from Kansas (Mr. of S. 1751, a bill to amend the proce- STATEMENTS ON INTRODUCED BROWNBACK) was added as a cosponsor dures that apply to consideration of BILLS AND JOINT RESOLUTIONS of S. 1562, a bill to amend selected stat- interstate class actions to assure fairer By Mr. ALEXANDER (for him- utes to clarify existing Federal law as outcomes for class members and de- self, Mr. DODD, and Mr. KEN- to the treatment of students privately fendants, and for other purposes. educated at home under state law. NEDY): S. 1757 S. 1786. A bill to revise and extend S. 1586 At the request of Mr. INHOFE, the the Community Services Block Grant At the request of Mr. SCHUMER, the names of the Senator from Alaska (Mr. Act, the Low-Income Home Energy As- name of the Senator from Connecticut STEVENS), the Senator from Massachu- sistance Act of 1981, and the Assets for (Mr. DODD) was added as a cosponsor of setts (Mr. KENNEDY), the Senator from Independence Act; to the Committee on S. 1586, a bill to authorize appropriate New Jersey (Mr. CORZINE), the Senator Health, Education, Labor, and Pen- action if the negotiations with the Peo- from South Dakota (Mr. DASCHLE) and sions. ple’s Republic of China regarding Chi- the Senator from Texas (Mrs. Mr. ALEXANDER. Mr. President, na’s undervalued currency and cur- HUTCHISON) were added as cosponsors of today Senator DODD and I are intro- rency manipulations are not success- S. 1757, a bill to amend the John F. ducing the Poverty Reduction and Pre- ful. Kennedy Center Act to authorize ap- vention Act of 2003. This bi-partisan

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.054 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13379 bill proposes to reauthorize important risk families and individuals and serve under the Poverty Reduction and Pre- legislation that provides meaningful as the centerpiece of most local social vention Act have not only made a dif- assistance to 18 million Americans service programs in 96 percent of the ference in thousands of lives but have seeking to fight their way out of pov- counties across the country. Last year also saved my state money in signifi- erty. The bill includes the Community the programs in the Poverty Reduction cant ways—by avoiding the higher Services Block Grant, the Low-Income and Prevention Act served over 19 mil- costs of homelessness, reducing the Heating and Energy Assistance Pro- lion people, primarily through CSBG, number of people in poverty, reducing gram, and the Assets for Independence serving 13 million, and the Low-Income the need for nursing homes and institu- Program. Heating and Energy Assistance Pro- tional care, and providing an impor- Statistics show us that poverty gram, providing assistance to over 5 tant ‘‘bridge’’ to help people moving off touches a large proportion of Ameri- million. of welfare achieve permanent self-suffi- cans over their lifetimes. Sometimes In Tennessee, over 100,000 individuals ciency, poverty is a chronic condition that per- were served by CSBG last year, almost While these programs have had many sists over several generations. But 25 percent of whom were disabled. Over very real successes in the past, as we more often, poverty happens as a con- 60,000 families were served, 90 percent approached this reauthorization we sequence of life’s unexpected trage- were living below the federal poverty also looked for ways we could improve dies—illness, job loss, divorce, or dis- level, and 40 percent were elderly or the programs and provide even better ability. These can seriously undermine disabled families living on a fixed in- access to and delivery of these impor- a family’s ability to support itself. come. And those who are helped in turn tant services. In drafting the reauthor- What’s needed is a safety net in such help others by volunteering in the pro- ization we gave particular attention to times of need. Our Poverty Reduction grams and giving back to their commu- clarifying and strengthening the pur- and Prevention Act can provide that nity. For example, in my home State of pose of these important programs, help and can make the difference in a Tennessee, long known as the Volun- which, in summary, is to fight and re- family’s efforts to fight their way out teer State, those who benefitted from duce poverty, working in partnerships of poverty become self-sufficient again. these programs gave back to others by with community and state leadership. The services of the Poverty Reduc- working over 190,000 volunteer hours. In this reauthorization we believed it tion and Prevention Act are provided And there is good accountability for was important to give states greater primarily through Community Action how those funds are spent in the com- flexibility in determining who should Agencies, created 40 years ago. The munity. Each agency is governed by a receive services. We wanted to expand heart of these programs are those pro- board of directors, a third of which services to the extent possible to assist vided through the Community Services consists of representatives who live in more of the working poor and their Block Grant, created in 1981. The block the low-income community, a third are families achieve economic stability grant allows for maximum flexibility locally elected officials, and the re- and self-sufficiency. While giving more to tailor programs to meet local needs maining third are community leaders flexibility, we also provided incentives with minimal administrative cost. from business, labor, religion, and edu- to encourage States to focus on those Today the programs touch the lives of cation. most in need and to help those transi- almost 25 percent of those living in These programs are not only impor- tions from welfare to self-sufficiency. poverty. These programs fund a state- tant to those who receive services; And we strengthened the account- administered community services net- they also make good use of the Federal ability and monitoring of funds at both work of more than 1000 local agencies dollar. Last year in addition to the the state and local level. We explicitly that work to alleviate poverty and em- Federal monies appropriated for these asked States to hold the line on exces- power low-income families in commu- three programs, the community agen- sive administrative salaries and ex- nities across the United States. The cies identified other state and local penses, again at both the state and agencies are very effective in monies and private contributions. In agency level. leveraging their funds to mobilize addi- total, local agencies administered over In this reauthorization we also want- tional resources from local businesses $9 billion on behalf of low-income fami- ed to highlight best practices and en- and foundations, as well as other public lies and individuals in communities courage creativity and innovation in sources, to make an effective impact in across the country. fighting poverty. We called for identi- fighting poverty in their communities. In addition to good fiscal account- fying exemplary local agencies as Cen- A number of social services are pro- ability and effective use of Federal dol- ters of Innovation to promote the shar- vided that are designed to help low-in- lars to leverage additional resources, ing of best practices among all commu- come individuals and their families the programs are a model when it nity agencies. achieve a better quality of life. They comes to tracking and reporting the Focusing on outcomes, we directed help people find and keep a good job, outcomes they are helping people local agencies to have established clear get an adequate education, obtain a de- achieve. In Tennessee, for example, we goals for reducing poverty in their cent place to live, pay their utility know that 43 percent of individuals community and to show that substan- bills, and even learn how to manage a who were seeking employment were tial progress is being made in meeting household income. able to find a job, and two-thirds of those goals before receiving continuing The Poverty Reduction and Preven- those jobs included health care cov- block grant funds. These goals include tion Act has five major themes for its erage. Over 75 percent of those seeking leveraging community resources and services: to assist families in poverty housing assistance were able to move fostering coordination across Federal, address their immediate, most basic from sub-standard to good, stable hous- State, local, and private programs and needs and work toward self-sufficiency; ing, and 524 families were moved out of services. to serve the non-traditional poor who homelessness. Over 85 percent of elder- In the area of heating and cooling as- are facing poverty due to unexpected ly households assisted were able to sistance, we are recommending a sig- events such as a plant closing or a continue living independently. nificant increase in the funds author- major illness or injury; to assist spe- Through LIHEAP in Tennessee, over ized for this important program, and cial populations, including those deal- 72,000 received assistance in paying we have added provisions and specific ing with chronic poverty and for whom their utility bills, thereby avoiding triggers that allow for better, more ef- conventional solutions have failed; to having their heating and cooling cut fective release of emergency funds for work for systemic change in low-in- off, which is of very real importance LIHEAP assistance under extraor- come communities to promote eco- for health and safety as well as quality dinary circumstances. nomic development and community re- of life. The high cost of energy is a The programs included under the vitalization; and to provide direct as- growing problem for those families try- Poverty Reduction and Prevention Act sistance to help low-income individuals ing to get by on a lower income and for of 2003 are important to millions of pay their utility bills. our elderly living on fixed incomes. Americans who deserve our consider- These programs are the true ‘‘safety By helping these people in meaning- ation and need our support. The serv- net’’ for millions of low-income and at- ful ways, the programs administered ices touch almost every community in

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.062 S28PT1 S13380 CONGRESSIONAL RECORD — SENATE October 28, 2003 the country and are often the only The bill that we are introducing households. According to the most re- source of assistance available to the today will reaffirm our nation’s com- cent data from the Department of people the programs are designed to mitment to alleviating poverty and up- Health and Human Services, 4.8 million serve. Quite simply, what these serv- holding the American ethos of helping households received winter heating as- ices do is help restore dignity to those our neighbors. For over 40 years, Com- sistance, 250,000 benefitted from cool- we serve. Every day one of these pro- munity Action Agencies have been ing aid and 87,000 received summer cri- grams makes a difference in the lives using Community Service Block Grant sis aid in fiscal year 2001. This legisla- of our neediest citizens. What this bill (CSBG) funds to coordinate and deliver tion makes funding LIHEAP more re- can accomplish will make possible a comprehensive poverty programs and sponsive to community needs by basing better quality of life for individuals services to our nation’s poor. From ad- emergency funding triggers on the and for neighborhoods and commu- ministering Head Start programs, to price of home energy bills and the aver- nities across this great land. I join my delivering meals to the sick and elder- age number of heating and cooling days colleague Senator DODD in urging the ly, providing adult education and lit- in a month. These simple automatic passage of this important reauthoriza- eracy, and implementing the Low-In- triggers will ensure that LIHEAP funds tion legislation. come Home Energy Assistance Pro- are readily available in times of crisis. Mr. DODD. Mr. President, I am gram, CSBG funds are reaching and Again, I would like to congratulate pleased to join Senator ALEXANDER in helping nearly a quarter of all people and thank Senator ALEXANDER for his introducing the Poverty Reduction and living in poverty in the United States. fine work on this bipartisan piece of Prevention Act, which reauthorizes the It goes without saying, that ideally, we legislation. I firmly believe that this Community Services Block Grant, the would like to reach out to each and bill is a step in the right direction. Low-Income Home Energy Assistance every individual and family living in Every day in this chamber and Program, and the Assets for Independ- poverty, but this bill is a start. It is a throughout the halls of the Senate, we ence Act. I would especially like to good start. It is a firm commitment to talk about leaving no child behind, congratulate Senator ALEXANDER, communities that when times are food stamps, comprehensive health Chairman of the Subcommittee on tough, Community Action Agencies care, job training and rural housing as- Children and Families, and his staff for will continue to work at the local level sistance. Mr. President, this bill en- working so hard to ensure that this bill to address local needs. compasses all of these programs and would be a bipartisan piece of legisla- The bill will enhance community services, and many more important tion. flexibility in serving the poor and poverty initiatives. I urge my col- I, like many of my colleagues, was working poor. I don’t need to tell you, leagues to support this legislation and greatly disturbed by the latest U.S. that a poor person living in urban New join us in helping to strengthen low in- Census poverty data released last Haven has different needs from an im- come communities, so that we can help month, which shows that poverty rose poverished family living in rural Dan- more families become self-sufficient. In to 12.1 percent in 2002, bringing the ielson, CT. The same holds true for these tough economic times, families total number of people living in pov- Community Action Agencies across our deserve this support. erty to 34.6 million. The number of Nation. One Community Action Agen- children in poverty rose by 400,000, cy could be using their CSBG funds to By Mr. SPECTER: which means that nearly 17 percent of teach computer skills in a town where S. 1787. A bill to establish the Steel children are living in poverty. Even a major manufacturing plant just Industry National Historic Site in the more disturbing is that the number of closed down, while another Community Commonwealth of Pennsylvania; to the people who lack health insurance rose Action Agency is using the same funds Committee on Energy and Natural Re- by 2.4 million in 2002, bringing the to develop rural waste water manage- sources. total number of uninsured to an alarm- ment systems. I am pleased that this Mr. SPECTER. Mr. President, I have ing 43.6 million. Although the propor- reauthorization retains and strength- sought recognition to introduce legis- tion of uninsured children did not ens the flexibility that makes CSBG lation that will honor the importance change between 2001 and 2002, 11.6 per- such a unique and successful program, of the steel industry in the Common- cent of all children remain without the by upholding and strengthening the wealth of Pennsylvania and the Nation necessary safety net of health insur- successful and innovative Results Ori- by creating the ‘‘Steel Industry Na- ance. Our children truly are our future; ented Management Assessment tional Historic Site’’ to be operated by we must treat them like the precious (ROMA) system of accountability and the National Park Service in south- resources that they are and provide monitoring procedures. western Pennsylvania. them with the services and assistance I am also pleased that reauthoriza- The importance of steel to the indus- they need. tion of this bill will allow crucial as- trial development of the United States There are many troubling signs for sistance to reach more of our country’s cannot be overstated. A national his- families today, particularly families poor and working poor by setting a toric site devoted to the history of the with children. Unemployment con- minimum eligibility level for assist- steel industry will afford all Americans tinues to be a problem. Families are ance at 125 percent of the poverty level the opportunity to celebrate this rich running out of unemployment benefits and a maximum of 60 percent of the heritage, which is symbolic of the work without finding jobs. The most recent State median income. In Connecticut ethnic endemic to this great Nation. data from the Department of Health alone, nearly 32 percent, or 437,492 The National Park Service recently re- and Human Services shows that wel- households, are below 60 percent of the ported that Congress should make rem- fare caseloads continue to decline over- State median income. Conversely, if we nants of the U.S. Steel Homestead all, but in many States over the last had set the maximum at 185 percent of Works an affiliate of the national park year, caseloads are increasing. With the poverty threshold, we would only system, rather than a full national States facing their worst budget crisis reach 269,373 households. By using the park, which had been considered in since WWII, many programs for low-in- State median income as a maximum, prior years, including legislation I of- come families are being cut. This is not only will this bill be benefitting fered two years ago in the 107th Con- particularly a problem given that half the Nation’s families living in poverty, gress. Due to the current backlog of the states are cutting child care funds. but it will also assist those working maintenance projects at national parks Parents need affordable child care to poor families just above the poverty and the resulting moratorium on new get and keep jobs. Clearly, this is a line, including those leaving welfare to national parks, the legislation offered time of crisis for our Nation’s low-in- make a smooth and permanent transi- today instead creates a national his- come individuals and families. It is tion to self-sufficiency. toric site that would be affiliated with time for our government to help them The bill also reauthorizes the Low- the National Park Service. There is no through these difficult economic times Income Home Energy Assistance Pro- better place for such a site than in and give them the opportunities and gram, LIHEAP, which allocates grants southwestern Pennsylvania, which the tools to lift themselves back onto to States to operate home energy as- played a significant role in early indus- their feet. sistance programs for low-income trial America and continues to today.

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.064 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13381 I have long supported efforts to pre- to bring this national historic site to we are only talking about roughly 250 serve and enhance this historical steel- fruition. I urge my colleagues to co- acres out of the total 78,000 acres com- related heritage through the Rivers of sponsor this legislation and I intend to promising the Elephant Butte and Steel Heritage Area, which includes work for its swift passage. Caballo Reservoir boundaries. I believe the City of Pittsburgh, and seven it is reasonable to allow these funds to southwestern Pennsylvania counties: By Mr. DOMENICI (for himself go to the District. I hope the Senate Allegheny, Armstrong, Beaver, Fay- and Mr. BINGAMAN): will act expeditiously on this matter, ette, Greene, Washington and West- S. 1791. A bill to amend the Lease Lot so that the process can continue to moreland. I have sought and been very Conveyance Act of 2002 to provide that move forward as we intended it to. pleased with congressional support for the amounts received by the United I ask unanimous consent that the the important work within the Rivers States under that Act shall be depos- text of the bill be printed in the of Steel Heritage Area expressed ited in the reclamation fund, and for RECORD. through appropriations levels of rough- other purposes; to the Committee on There being no objection, the bill was ly $1 million annually since fiscal year Energy and Natural Resources. ordered to be printed in the RECORD, as 1998. I am hopeful that this support Mr. DOMENICI. Mr. President, I rise follows: will continue. However, more than just today to introduce a bill that would Be it enacted by the Senate and House of Rep- resources are necessary to ensure the greatly benefit one of the largest irri- resentatives of the United States of America in Congress assembled, historical recognition needed for this gation districts in Southern New Mex- ico. Last Congress, H.R. 706, the Ele- SECTION 1. LEASE LOT CONVEYANCE. important heritage. That is why I am Section 4(b) of the Lease Lot Conveyance introducing this legislation today. phant Butte Lease Lott Conveyance Act, passed the House and Senate Act of 2002 (116 Stat. 2879) is amended— It is important to note why south- (1) by striking ‘‘As consideration’’ and in- western Pennsylvania should be the unanimously. The purpose of the origi- serting the following: home to the national site that my leg- nal bill was to provide security to 403 ‘‘(1) IN GENERAL.—As consideration’’; and islation authorizes. the combination of lease lot holders who were interested in (2) by adding at the end the following: a strong workforce, valuable natural purchasing property currently being ‘‘(2) USE.—Amounts received under para- graph (1) shall be— resources, and Pennsylvania’s strategic leased to them by the Bureau of Rec- lamation. Many of the lease holders ‘‘(A) deposited by the Secretary, on behalf location in the heavily populated of the Rio Grande Project, in the reclama- northeastern United States allowed the had, at the urging of the Federal Gov- ernment, invested time and money into tion fund established under the first section steel industry to thrive. Today, the re- of the Act of June 17, 1902 (43 U.S.C. 391); and improving these lots, including the ad- maining buildings and sites devoted to ‘‘(B) made immediately available to the Ir- dition in many cases of permanent fix- steel production are threatened with rigation Districts, to be credited in accord- tures. The bill I bring today would further deterioration or destruction. ance with section 4(I) of the Act of December amend that Act by clarifying where the Many of these sites are nationally sig- 5, 1924 (43 U.S.C. 501).’’. proceeds from the sale of these lands nificant and perfectly suited for the would be deposited. By Mr. CAMPBELL: study and interpretation of this crucial With regard to proceeds, the late S. 1788. A bill to amend title 40, period in our Nation’s development. Honorable Howard Bratton, a former United States Code, to authorize the Some of these sites include the Carrie Federal District Court judge for the Administrator of General Services to Furnace Complex, the Hot Metal District of New Mexico, ruled in 1992 lease and redevelop certain Federal Bridges, and the United States Steel and in 1997 that the Elephant Butte Ir- property on the Denver Federal Center Homestead Works, which would all be- rigation District was entitled to net in Lakewood, Colorado; to the Com- come a part of the Steel Industry Na- profits generated from the leasing of mittee on Governmental Affairs. tional Historic Site under my legisla- grazing and farm lands of the Rio Mr. CAMPBELL. Mr. President, tion. Grande Project. I would just mention today I am introducing a bill that will Highlights of such a national historic that while the latest in these rulings help revitalize the Denver Federal Cen- site would commemorate a wide range was handed down almost 6 years ago, ter (DFC) and the surrounding commu- of accomplishments and topics for his- the District has yet to receive these nity of Lakewood, CO. This bill will torical preservation and interpretation profits. I understand the Bureau of allow the General Services Administra- from industrial process advancements Reclamation, at the urging of the Fed- tion to enter into public/private part- to labor-management relations. It is eral District Court, has told the Ele- nerships, thereby efficiently and effec- important to note that the site I seek phant Butte Irrigations District that it tively addressing infrastructure and to become a national site under this will rectify this situation in fiscal year environmental issues at the DFC. bill includes the location of the Battle 2004. I intend to closely monitor that The DFC is a 670-acre campus with 77 of Homestead, waged in 1892 between situation. active buildings. It began as a muni- steelworkers and Pinkerton guards. The Lease Lot Conveyance Act of tions manufacturing plan during World The Battle of Homestead marked a cru- 2002 is silent with regard to any cred- War II. Since then, many other agen- cial period in the Nation’s workers’ iting of the proceeds from the sale of cies have called the DFC home, leaving rights movement. The Commonwealth the 403 lease lots. Reclamation has behind a history of landfills, leaking of Pennsylvania, individuals, and pub- taken the position that the proceeds underground storage tanks, chemical lic and private entities have attempted should be credited to the Reclamation laboratories, and firing ranges that to protect and preserve resources such Fund. I would just like to note that the have contaminated the area. as the Homestead battleground and the repayment obligations of the District Additonally, many of the existing Hot Metal Bridge. For the benefit and were met and title was transferred to buildings are more than 60 years old inspiration of present and future gen- the District in the early nineties. The and are in need of extensive repair or erations, it is time for the Federal Gov- District, therefore, believes that under replacement. The Colorado Department ernment to join this effort to recognize current law and the opinions of the of Public Health is requiring an envi- their importance with the additional Federal District Court in New Mexico, ronmental investigation and clean-up protection I provide in this bill. they would be entitled to these funds. of contaminated areas at a cost of over I would like to commend my col- The bill I am introducing today $70 million. league, Representative MIKE DOYLE, makes it clear that the proceeds of the As the Denver metropolitan region who has been a longstanding leader in sale should go to the irrigation district grows, the GSA has an opportunity to this preservation effort and who spon- instead of to the Reclamation fund. create public / private partnerships sors the companion legislation, H.R. With Reclamation expenses contin- that will help foster the growth of the 521, pending in the House of Represent- ually escalating, I have been told by DFC campus into a regional hub of atives. I look forward to working with the District that they would utilize commerce and transportation as for- southwestern Pennsylvania officials these proceeds to offset on-going oper- mulated in the visions of the local and Mr. August Carlino, President and ation and maintenance costs. communities. At the same time, Chief Executive Office of the Steel In- While the appraisal of these lands is through these public / private partner- dustry Heritage Corporation, in order still pending I do want to be clear that ships, the DFC will be able to help

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.061 S28PT1 S13382 CONGRESSIONAL RECORD — SENATE October 28, 2003 clean up a 60-year-old environmental such instrument or document specifically ‘‘§ 7105. Reporting requirements mess. disclaims any liability of the United States ‘‘(a) IN GENERAL.—Before entering into a The Regional Transportation District under the instrument or document; and master lease under section 7101, the Adminis- (RTD) would like to create an inter- ‘‘(7) shall include such other terms and trator of General Services shall transmit to conditions as the Administrator considers modal facility and public transit hub the appropriate committees of Congress a re- appropriate. port on the proposed development and mas- as the West Corridor Light Rail is de- ‘‘(c) CONSIDERATION.—A master lease en- ter lease of the Denver Federal Center not veloped. New offices can be developed, tered into under this section shall be for fair less than 30 days before the award of a mas- not only for Federal tenants, but po- consideration, as determined by the Admin- ter lease. tentially for private businesses as well. istrator. Consideration under a master lease ‘‘(b) CONTENTS.—A report transmitted I believe this bill will provide many may be provided in whole or in part through under this section shall include a summary benefits all around—through the part- in-kind consideration, including provision of of a cost-benefit analysis of the proposed de- nerships created, this bill will create other real and related property, goods or velopment and a description of the provi- services of benefit to the United States, con- new jobs and preserve jobs and institu- sions of the proposed master lease. struction, repair, remodeling, or other phys- ‘‘§ 7106. Description of the Denver Federal tions already in place, while at the ical improvements of Federal property, envi- same time taking care of a much need- Center ronmental remediation or maintenance of ‘‘As used in this chapter, the term ‘Denver ed and necessary environmental preser- Federal property, or the provision of office, Federal Center’ means a parcel of land, lo- vation. storage or other usable space. cated in section 9 and in the East half of the I ask unanimous consent that the ‘‘§ 7102. Additional authorities East half of the East half Section 8, Town- text of the bill be printed in the ‘‘(a) AUTHORITY TO CONVEY REMAINING IN- ship 4 South, Range 69 West of the Sixth RECORD. TERESTS.—In carrying out a master lease en- Principal Meridian, being more particularly There being no objection, the bill was tered into under this chapter, the Adminis- described as follows: ordered to be printed in the RECORD, as trator is authorized to convey the interest of ‘‘Commencing at the northeast corner of follows: the United States in the property covered by said section 9; the master lease to the non-Federal entity ‘‘thence S76°38′34″W a distance of 779.20 feet S. 1788 by sale or exchange, if the Administrator to a point on the southerly right-of-way line Be it enacted by the Senate and House of Rep- first determines in writing that such convey- of West 6th Avenue being also the true point resentatives of the United States of America in ance is in the interests of the United States; of beginning; Congress assembled, ‘‘(b) OTHER AUTHORITIES NOT AFFECTED.— ‘‘thence S45°23′16″E a distance of 932.42 feet SECTION 1. SHORT TITLE. The authority to enter into a master lease to a point on the westerly right-of-way line This Act shall be cited as the ‘‘Denver Fed- under this chapter shall be in addition to, of Kipling Street; eral Center Redevelopment Act’’. and not in lieu of, any other authorities of ‘‘thence along the westerly right-of-way SEC. 2. DENVER FEDERAL CENTER DEVELOP- the Administrator to convey interests in real line of said Kipling Street the following MENT AUTHORITY. property by lease, sale, or exchange. three courses: Part C of subtitle II of title 40, United ‘‘(c) OBLIGATIONS TO MAKE PAYMENTS.— ‘‘thence S00°23′16″E, a distance of 1806.59 States Code, is amended by adding at the end Any obligation to make payments by the Ad- feet; the following new chapter: ministrator for the use of space, goods or ‘‘thence S00°23′04″E, a distance of 2341.02 services by the General Services Administra- ‘‘CHAPTER 71. DENVER FEDERAL CENTER feet; tion on property that is subject to a master ° ′ ″ DEVELOPMENT ‘‘thence S44 37 45 W, a distance of 355.19 lease under this chapter may only be made feet to a point on the northerly right-of-way ‘‘§ 7101. Master lease development authority to the extent that necessary funds have been line of West Alameda Avenue; ‘‘(a) IN GENERAL.—The Administrator of made available to the Administrator, in ad- ‘‘thence along the northerly right-of-way General Services may enter into leases of vance, in an annual appropriations Act. line of said West Alameda Avenue the fol- Federal real property, including improve- ‘‘§ 7103. Relationship to other laws.— lowing three courses: ments thereon, with totally non-Federal en- ‘‘thence S89°23′50″W, a distance of 2298.81 N GENERAL.—The authority of the Ad- tities to provide for the construction, reha- ‘‘(a) I ministrator under this chapter shall not be feet; bilitation, operation, maintenance, or use of ° ′ ″ subject to— ‘‘thence S89 24 08 W, a distance of 2544.90 all, or portions of, the Denver Federal Center ‘‘(1) sections 521 through 529 and sections feet to a point of tangent curve; as described in section 7106, or such other ac- 541 through 559; ‘‘thence along said curve to the left an arc tivities related to the Denver Federal Center ‘‘(2) section 1302; distance of 475.81 feet, having a central angle as the Administrator considers appropriate. ° ′ ″ ‘‘(3) section 3307; or of 11 38 25 , a radius of 2342.00 feet and a For purposes of this chapter, a lease of Fed- ° ′ ″ ‘‘(4) any other provision of law (other than chord bearing of S83 31 57 W, a chord dis- eral real property, including improvements Federal laws relating to environmental and tance of 474.99 feet to a point on the south thereon, shall be referred to as a master historic preservation) inconsistent with this line of the southeast quarter of said section lease. chapter. 8; ‘‘(b) TERMS AND CONDITIONS.—A master ‘‘thence S89°37′30″W, along the said south ‘‘(b) UNUTILIZED OR UNDERUTILIZED PROP- lease entered into under this section— line, a distance of 296.29 feet to a point on ERTY.—Any property covered under a master ‘‘(1) shall have as its primary purpose en- lease entered into under this section shall be the westerly line of the east half of the east hancing the value of the Denver Federal Cen- deemed to be property for which there is a half of the east half of said section 8; ter to the United States; continuing Federal need and may not be con- ‘‘thence along the westerly line of the east ‘‘(2) shall be negotiated pursuant to such sidered to be unutilized or underutilized for half of the east half of the east half of said procedures as the Administrator considers purposes of section 501 of the McKinney- section 8 the following two courses; necessary to ensure the integrity of the se- ° ′ ″ Vento Homeless Assistance Act (42 U.S.C. ‘‘thence N00 00 10 W, a distance of 2634.40 lection process and to protect the interests 11411). feet; of the United States; thence N00°00′33″W, a distance of 2344.86 ‘‘(3) may provide a lease option to the ‘‘§ 7104. Use of proceeds feet to a point on the southerly right-of-way United States, to be exercised at the discre- ‘‘(a) IN GENERAL.—Net proceeds from a line of West 6th Avenue; tion of the Administrator, to occupy any master lease entered into under section 7101 ‘‘thence along said southerly right-of-way general purpose office, storage or other usa- shall be deposited into, administered, and ex- line the following five courses: ble space in a facility covered under the mas- pended, subject to appropriations Acts, as ‘‘thence N89°44′33″E, a distance of 655.37 ter lease; part of the Federal Building Fund estab- feet to a point on the westerly line of the ‘‘(4) shall be for a term not to exceed 50 lished under section 592. In this section, the northwest quarter of said section 9; years; term ‘net proceeds from a master lease en- ‘‘thence N89°44′33″E, a distance of 50.00 feet; ‘‘(5) shall describe the consideration, duties tered into under section 7101’ means the ‘‘thence N81°11′33″E, a distance of 856.70 and responsibilities for which the United rental proceeds from the master lease minus feet; States and the non-Federal entity are re- the expenses incurred by the Administrator ‘‘thence N89°14′41″E, a distance of 1741.83 sponsible; with respect to the master lease. feet; ‘‘(6) shall provide— ‘‘(b) RECOVERY OF EXPENSES.—The Admin- ‘‘thence N89°14′40″E, a distance of 1876.55 ‘‘(A) that all development risk shall re- istrator may retain from the proceeds of a feet to the point of beginning. main with the non-Federal entity; master lease entered into under section 7101 ‘‘Said parcel contains 29,182,824 square feet ‘‘(B) that the United States will not be lia- amounts necessary to recover the expenses or 669.95 acres, more or less. ble for any action, debt or liability of any incurred by the Administrator with respect ‘‘Note: For the purpose of this description non-Federal entity; and to the master lease. Such amounts shall be the bearings are based on the east line of the ‘‘(C) that such non-Federal entity may not deposited in the account in the Treasury northeast quarter of said section 9 bearing execute any instrument or document cre- from which the Administrator incurs such S00°23′16″E, a distance of 2640.79 feet and ating or evidencing any indebtedness unless expenses. monumented by a found 31⁄4 aluminum cap

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.073 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13383 marked ‘l.p.i. pls 34986’ on the north end and we should guarantee that you can af- use computers on the job earn 43 per- by a found 31⁄4’’ aluminum cap marked ‘vigil ford the cost of the four years it takes cent more than those who do not. Jobs land consultants ls 20699’ on the south end.’’. to earn a degree. requiring at least some post-secondary SEC. 3. CONFORMING AMENDMENT As we move forward on the reauthor- education are estimated to account for The index for part C of subtitle II of title ization of the Higher Education Act, over 40 percent of total employment 40, United States Code, is amended by insert- let us come together again on a bipar- ing the following at the end: growth over the next decade. tisan basis to make college affordable The need for a college education is ‘‘CHAPTER 71. DENVER FEDERAL CEN- to all qualified students. No students greater that ever, but so is cost, and TER DEVELOPMENT.’’. should have to mortgage their future the soaring cost today is often pressing to obtain a college degree. college education out of reach for By Mr. KENNEDY (for himself, At other times in our nation’s his- qualified students. Last year, tuition Mr. DODD, Mr. BINGAMAN, Mrs. tory, we have acted boldly to extend and fees at four-year public colleges MURRAY, Mr. REED, and Mrs. college opportunity. In 1862, a year rose an average of 14 percent, and the CLINTON): after the Civil War began, President year before, 10 percent. For families in S. 1793. A bill to provide for college Abraham Lincoln signed into law the the lowest quartile of income average quality, affordability, and diversity, Morrill Land Grant Colleges Act which public university costs now consume and for other purposes; to the Com- set aside at least 90,000 acres in each over 62 percent of their income—com- mittee on Health, Education, Labor, Union State—30,000 acres for each of pared to 42 percent in the early 1970’s. and Pensions. the state seats in Congress. The Act It is shameful that federal aid has Mr. KENNEDY. Mr. President, it was named for Congressman Justin not kept pace with rising tuition. should be our common purpose to guar- Morrill from Vermont, and the funds Twenty years ago, a Pell Grant covered antee the promise of a good education from sales of the land were to be used over 80 percent of four-year college to all from birth through college. The for public colleges and universities in costs. Today, it covers less than 40 per- strength, security, and future of our the fields of engineering, agriculture, cent. Twenty years ago, the typical Nation lie in the education and char- and military science. In the following package of student financial aid had 60 acter of our people. years, over 70 colleges were estab- percent in grants and 40 percent in In recent years, on a bipartisan basis, lished, and in 1890, the Morrill Act was loans. Today, the ratio is reduced the we have been working to improve pre- extended to Southern and Western typical package now has 40 percent in school, elementary, and secondary edu- States. Today, over 3.5 million stu- grants and 60 percent loans—and the cation. We should move forward in the dents are educated in public colleges grant-loan imbalance is getting worse. same bipartisan way on higher edu- and universities first created under the Each year, over a half a million high cation. Morrill Act. school graduates who are qualified for Last year, on a bipartisan basis, we The next great benchmark in higher college do not go to college full-time, passed the No Child Left Behind Act to education came in 1944 when President because they cannot pay the bill. The raise standards for students in elemen- Franklin Roosevelt signed the GI Bill average low-income, college student tary and secondary schools to hold to help the vast number of veterans has an average of $3,800 a year in col- schools and states accountable for re- who would be returning to civilization lege costs not covered by grants, loans, sults. These worthwhile school reforms when World War II ended. The nation work, or family savings. deserve to be well-funded, so that all embraced the transforming principles Students who begin college have public school students will have a fair that became a cornerstone of our de- trouble staying in college and grad- chance to succeed. mocracy, that the benefits of college uating from college. Only 48 percent of Last year, Senator GREGG and I also education should be available to all in students from upper-income families introduced a bipartisan bill to improve our society, not just the elite, the graduate from college by age 24, and the quality of early childhood edu- wealthy or the white. In less than a that figure is seven times the gradua- cation in the states, and help ensure decade, 8 million veterans benefitted tion rate of students from low-income that young children begin school ready from the GI Bill, and the immense suc- families. Only 7 percent—7 percent—of to learn. cess of that bill is in no small measure low-income students graduate from This year, in the Education Com- the reason why the World War II gen- college by age 24. Students from minor- mittee, again on a bipartisan basis, we eration is now called the Greatest Gen- ity backgrounds and those who would have worked to strengthen the Individ- eration. be the first in their family to achieve a uals with Disabilities Education Act In the half century since the GI Bill four-year college degree are 33 percent (IDEA) and ensure that special needs was enacted, we have made ongoing ef- more likely to drop out of college. children receive a quality education. I forts to make college a reality for as Only forty percent of all whites in hope we can pass that legislation soon, many young men and women as pos- ages of 18 to 24 attend college. Only 30 to assure that the federal government sible. In 1972, we created what we now percent of African-American and only meets its full obligation to children know as Pell Grants to make college 16 percent of all Latinos are enrolled in with disabilities. affordable for low and middle income college. Four in ten Latino college stu- The next great challenge we should families. Since then, over 79 million dents drop out within three years of confront on a bipartisan basis is to en- students have attended college with their enrollment. sure that every student with the tal- the assistance of a Pell Grant, which We cannot allow these unacceptable ent, desire, and drive to go to college is are named for our distinguished col- percentages to continue. We must do able to afford to go to college. Edu- league Claiborne Pell, who served as more to help students attend and finish cation is the golden door of oppor- Chairman of the Senate Committee. college, and do more to help colleges tunity, but for too long, the door of In 1993, we created the Direct Loans train more teachers and better teach- higher education has been closed to to make inexpensive student loans ers for our public schools so that more many students, because of their inabil- available to college students. In the young men and women will be able to ity to pay. Surely, we have reached a same year, we created AmeriCorps to go to college and earn their degree, and stage in America where we can say it encourage young people to serve their fulfill their role in the nation’s future. and mean it—cost will never be a bar- communities and pursue their edu- It is a privilege today to join our rier to a college education. cation. Democratic colleagues on the Edu- Just as Social Security is a promise Now, in this new century, in this new cation Committee, in introducing the of retirement security to senior citi- century, it is essential for Congress to College Quality, Affordability, and Di- zens, just as Medicare is a promise of take new steps to make the dream of a versity Improvement Act of 2003 to im- health security to senior citizens, so college education a reality for all. prove college opportunity for qualified we should make ‘‘Education Security’’ Men and women with a college degree students. We know that too many fam- a promise to every young American. If now earn 75 percent more than those ilies and students across the country you work hard, if you finish high without it—a million dollars more in are struggling to afford the cost of col- school, if you are admitted to a college, earnings over their lifetime. Those who lege and we should do all we can to

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.068 S28PT1 S13384 CONGRESSIONAL RECORD — SENATE October 28, 2003 help them. The bill will improve access each year. Families need protection Finally, our bill requires schools to to college in six key ways. It helps stu- from tuition increases that year after publish their true tuition: the extent dents pay for college by providing more year are in the hundreds, or even thou- and average amount of discounts of- financial aid. It slows the excessive in- sands of dollars. We have ignored the fered to students. Families should creases in college tuition. It makes the tuition increase problem in higher edu- know how much school really will cost repayment of students loan less costly. cation for too long. and how possible it is to bargain for It encourages and rewards students In fact, few students actually pay the best deal. working their way through school. It ‘‘sticker price’’ tuition at private col- No matter what we do on grants and help minority and low-income students leges, since many get a discount. At college costs, loans will continue to be go to college and finish college. It im- private universities, 8 out of every 10 a large part of college aid, but that proves the recruitment and training of students receives a discount from the debt should not be excessive. Today, public school teachers who will prepare published tuition cost, and those dis- the average debt on student loans is the next generation of college students. counts average 40 percent of the stick- $17,000, but it can exceed $100,000 for In compliance with the Congressional er price. graduate students and professional stu- Budget Act of 1974, the cost of our bill The sticker price of college tuition is dents. This bill makes it easier to is offset by eliminating windfall profits rising for many reasons. Public col- repay student loan debt or work it off. to banks that participate in the stu- leges are dependent on state funding It creates a new refinancing option for dent loan program. that has been declining with the strug- borrowers now saddled with consoli- Fulfilling a pledge of ‘‘Education Se- gling national economy. As states cut dated loans at high interest rates. It curity’’ requires renewed resolve by ev- back their support for higher edu- saves taxpayers money by rewarding eryone—students, families, colleges, cation, tuition rises. Colleges can re- student and school participation in the states, and the federal government. duce some costs in order to limit tui- Direct Loan program. Students should work to save money tion increases, and we can help them The Act converts the current tax de- for college. Families should pay what do so. duction for interest tax on student they can afford. Colleges should com- Tuition is rising in general because loans into a tax credit. This bipartisan colleges believe that in the constant mit to reducing increases in tuition. proposal of Senator SNOWE and Senator competition for students and faculty, States should continue as much sup- SCHUMER will provide low-income grad- it is necessary for each college to have port as they can for students. Federal uates with up to $1,500 in reimburse- the best facilities and programs. In ef- support should fill the gap that re- ment for interest in student loans. fect, and because of this, a ‘‘higher edu- mains. To encourage public service, the Act cation arms race,’’ colleges are con- Under our bill, $1,500 more in student forgives the debt on Direct Loans for stantly striving to be ahead of the aid will be available to hard-pressed, remaining after ten years for students competition. in certain public sector jobs. Currently, middle-class families and $3,800 to This bill rejects the price controls on student loan debt is often so large that lower income families. college tuition that some have sug- We increase the maximum Pell grant it prevents students from accepting gested. Instead, it creates incentives by nearly $500, from $4,050 to $4,500, in public interest jobs and forces them to for colleges to reduce costs. It reduces order to keep pace with rising costs of look for higher paying jobs in the pri- regulatory costs for colleges and sup- vate sector. The bill rewards those who tuition in public colleges; 4.8 million ports voluntary limits on cost growth. lower income and working class stu- It requires states to do their part in choose lower paying public interest dents will get larger Pell grants and supporting higher education. It ensures jobs in sectors where the need is great, 200,000 middle-class students will get that families obtain better information such as public safety, law enforcement, Pell grants for the first time. about the true cost of college. And im- teaching, and public interest legal The Act makes $3,000 in HOPE tax portantly, it rejects the idea of with- services. In addition, the Act enables all col- credit aid available to low-income fam- holding federal student aid for students lege graduates to refinance their stu- ilies who currently do not receive this who attend colleges with excessive tui- aid, in part because the tax credit is tion costs, because doing so would hurt dent loans, just as their families would not refundable, and doubles the $1,500 the neediest students. refinance a home mortgage. Under cur- HOPE scholarship tax credit that mid- Our bill supports the creation of col- rent law, graduates who make pay- dle-class families currently receive. lege consortiums that will jointly buy ments on multiple variable interest Over 4 million Pell grant students in in bulk and share the costs of health rate student loans can consolidate families with a median income of care, libraries, faculties, and other their loans today into a single fixed $15,200 a year will receive the HOPE needs, so that they achieve economies rate loan at the relatively low interest tax credit for the first time. For 3.2 of scale. It reduces regulatory burdens rate of 3.42 percent. But over 5 million million middle-income families, their on colleges. When we lower the oper- borrowers consolidated their student tax credit will double in size. ating costs of colleges, we make it loans years ago at higher interest The bill increases campus-based fi- easier for them to restrain tuition in- rates. The bill enables them to refi- nancial aid programs such as College creases. nance that consolidated loan at today’s Work-Study and the Supplemental The bill requires the Secretary of prevailing interest rate. Education Opportunity Grants, which Education to convene a ‘‘higher edu- The availability of new Refinanced means $200 more in aid to needy stu- cation arms control’’ summit. Groups Direct Loans will dramatically reduce dents on average. of competing colleges will be convened student loan repayment for millions of The bill eliminates $100 in annual by the Secretary to negotiate limits on college graduates. A middle-class bor- student taxes (also called ‘‘origination future growth in tuition. The Sec- rower, for example, with $60,000 in stu- fees’’) on federal need-based loans. Over retary will be given the authority to dent loan debt at 7 percent interest 5 million students will no longer have waive anti-trust protections, when the will save $1,200 a year, or more than to pay these up-front fees for the privi- waiver is needed to achieve reduced $10,000 over the life of the loan, if they lege of borrowing tens of thousands of tuition growth. refinance under this proposal. dollars. States and colleges must do their Further, the bill rewards schools and For needy families struggling to send part to make college affordable. The students that save taxpayers money by their children to college, these changes bill insists that states must not treat participating in the federal Direct will provide $3,800 in additional college college students like piggy banks to Loan program. For every dollar bor- aid each year—$500 in increased Pell balance state budgets. The bill offers a rowed through the Direct Loan pro- aid, $3,000 in HOPE tax benefits, $200 new partnership to States, under which gram instead of the traditional private more in campus-based aid, and $100 in additional federal resources will be FFEL program, taxpayers save ap- waivers of student loan fees. available to states that invest in high- proximately fourteen cents. Our bill of- The rising cost of college is an in- er education. States that dramatically fers schools that participate in the Di- creasingly serious problem for the na- cut higher education will be limited to rect Loan program a percentage of the tion. Students need more financial aid current levels of aid. federal savings earmarked for student

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.094 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13385 aid. Taxpayers will save money and quality teachers for the nation’s public year. For a sense of context, I would students will receive more financial schools. A fundamental aspect of pre- note that we have just approved an $87 aid, as a result of this ‘‘Direct Loan paring students for college means mak- billion package for Iraq, have a $786 bil- Reward Program.’’ It’s a win-win pro- ing sure they have a good teacher in lion annual discretionary budget, and a posal. every classroom. $2.3 trillion annual mandatory and dis- In light of the growing need today, The shortage of such teachers is in- cretionary budget. This legislation is current law imposes too heavy a pen- creasingly severe. America will need comparatively small. alty on students who work their way more than 2 million new teachers in There are three types of cost in- through college. Their financial aid is the next decade. Today, approximately cluded. First, there are the tax provi- reduced by 50 cents for every after-tax one in every three teachers leaves sions that total approximately $9.2 bil- dollar they earn. teaching within the first three years, lion a year—the same size as the Presi- This bill exempts from penalty the and almost half leave within the first dent’s tax breaks on dividend and cap- first $9,000 earned by traditional col- five years. The No Child Left Behind ital gain income. We should replace lege students and the first $18,000 Act has set a goal of a highly-qualified those dividend and capital gains cuts earned by adults attending college. teacher in every classroom by 2006. for the very wealthy instead with the Those students who work to support Clearly, it is time for the nation to education tax benefits included in this their college education deserve this ad- make teacher training a priority. legislation for families trying to pay ditional assistance. The Higher Education Act Amend- for college. This bill includes a series of pro- ments of 1998 included a new title II Second, there are about $1.3 billion in posals to enable larger numbers of mi- program to respond to the teacher annual changes to the student loan nority first-generation college students shortage. The Act scales up the current program for which this legislation fully to go to college and graduate from col- title II ‘‘pilot program’’ and strength- pays. The bill eliminates windfall prof- lege. Our national commitment to di- ens and expands it, so that every State its to lenders in the loan program in versity in college education has been will receive funds every year, in order order to pay fully for the elimination re-affirmed earlier this year by the Su- to assure that as many children as pos- student loan origination fees and to en- preme Court. A major part of that com- sible are taught by highly qualified able borrowers out of school to refi- mitment is preparing all young persons teachers. nance their consolidated loans. to approach the doors of higher edu- The Act authorizes additional for In particular, this bill closes a loop- hole in the student loan program cation, making sure the gates are fully State Grants and Partnership Grants, whereby taxpayers subsidize a small and fairly open to them, helping stu- with the goal of establishing formula minority of lenders to the tune of over dents to pay the costs, and enabling grants for every State. We need to $400 million a year in order to assure them to stay in college and graduate train teachers more effectively, attract them a 9.5 percent rate of return. 9.5 from college. more men and women to the field of percent is too much in today’s interest The Act increases funding for the teaching, and encourage them to con- rate environment. All lenders should successful TRIO and GEAR UP pro- tinue in the field. These grants will im- receive the same guaranteed market grams that provide information and prove preparation, recruitment, and re- rate of return for participating in the counseling about college preparation, tention of teachers, and help States student loan program and no more. financial aid, and admissions. and schools put a highly qualified Finally, the legislation includes ap- It increases the access of low-income teacher in every classroom. proximately $4.5 billion in annual in- students to college preparation and tu- By increasing the accountability of creases in discretionary education toring programs for the Scholastic teacher preparation programs, the Act spending. That amount equals one half Achievement Test and American Col- strengthens teacher preparation of one percent of the discretionary lege Test that have been proven to be courses, so that teachers will have the budget and is the same amount that effective. skills and support they need to succeed education funding increased last year. In addition, it assists students in in the classroom. The bill creates a It is a modest proposal, frankly. making well-informed decisions on col- new national database to provide accu- In the past, higher education policy lege applications and enrollments, en- rate information on the quality of helped the poor and the middle class courages colleges to act on their own these preparation programs. together. In recent years, though, we to modify policies that make it more In addition, the Act establishes inno- have developed separate approaches for difficult for already disadvantaged stu- vative programs to attract and retain these two groups—grants for the poor, dents to apply or enroll. teachers. A mentoring program will and tax benefits for the middle class. The Act supports partnerships be- help train new teachers and provide The median family income of recipi- tween community colleges and four- professional assistance from more ex- ents of Pell grants is $15,000 a year. The year colleges, and it encourages them perienced teachers. A new home-owner- HOPE Scholarship tax credit is avail- to provide targeted assistance in the ship program will provide teachers in able only to families with more than form of tutoring, financial aid, child high-need districts with funds to afford $40,000 in income. care, counseling, mentoring, and inno- the purchase of a home. A separate ini- Because of the high cost of higher vative course schedules, all with the tiative will develop links between com- education for everyone, and because goal of improving the admission, reten- munity colleges and four-year colleges each student’s own interest in a college tion and graduation rates of low-in- in teacher preparation programs, and education is also in our common inter- come students, and non-traditional help train teacher aides in high-need est, this bill will help both hard- students. communities to become teachers. pressed low-income and hard-pressed Increased funding will be available The Act also helps attract teachers middle income families to send their for Hispanic-Serving Institutions and to high-need areas in high-demand sub- children to college and prepare them Historically Black Colleges and Uni- jects, by increasing the amount of stu- for the future. versities. These colleges are the source dent loan forgiveness from $5,000 to Our bill has the support of a variety of an extraordinary proportion of mi- $15,000, for teachers who teach math, of national groups: the United States nority graduates from college and they science, special education, bilingual Students’ Association, the United deserve greater support. education, or early education in these States Public Interest Research Group, The federal government must do its areas. the Direct Loan Coalition, the Na- part in strengthening further diversity Good teachers in our schools are es- tional Council for Community and Edu- in higher education and colleges and sential for preparing students to enter cation Partnerships, the Council for individual students must do their part college. We must do all we can to sup- Opportunity in Education, the College as well. Diversity is our nation’s port them and give them the training Migrant Association, the National As- strength, and all of us have an obliga- necessary to enable all students to sociation of Secondary School Prin- tion to support it. achieve. cipals, the American Federation of The Act includes a series of initia- In total dollars, the size of this legis- Teachers, the National Education As- tives to help recruit and retain high- lation is approximately $15 billion a sociation, and Kaplan, Inc.

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.096 S28PT1 S13386 CONGRESSIONAL RECORD — SENATE October 28, 2003 Quality, affordability, and diver- Sec. 502. Graduate and professional degree need’’ of $3,800 in college expenses, expenses sity—these are the focus of this act be- development program. not covered by grants, loans, work, or family cause these are the three great chal- Sec. 503. Authorization of appropriations. savings; Sec. 504. Patsy T. Mink fellowship program. lenges we face today in higher edu- (N) 46 percent of all students who work in TITLE VI—RECRUITMENT OF TEACHERS cation policy and each closely related addition to being full-time students report 25 TO TEACH AT TRIBAL COLLEGES OR hours or more a week of employment; and to the others. Together, we can meet UNIVERSITIES (O) 50 percent of those employed more than these new challenges in this new cen- Sec. 601. Loan repayment or cancellation for 25 hours a week report that working hurts tury and make the promise of Edu- individuals who teach in Tribal their grades and retention in college, and cation Security a reality not just a re- Colleges or Universities. students who work more than 35 hours a ality for some of our citizens but a re- Sec. 602. Amounts forgiven not treated as week are considerably less likely to com- ality for all of our citizens. gross income. plete a year of college than those who work I ask unanimous consent that the SEC. 3. FINDINGS. less than 15 hours a week. text of the bill be printed in the Congress finds the following: (3) Federal student aid is too focused on (1) A college education is more important RECORD. loans instead of grant aid because— than ever, and the Federal Government There being no objection, the bill was (A) although approximately $55,000,000,000 should do more to make it affordable and ac- is made available annually in direct and in- ordered to be printed in the RECORD, as cessible to all qualified students because— direct Federal aid to postsecondary edu- follows: (A) recent shifts in the economy have in- cation students and their families, in 2002, 60 S. 1793 creased the demand for college-educated percent of such Federal student aid was in Be it enacted by the Senate and House of Rep- workers and increased the wage gap between the form of loans while only 40 percent was resentatives of the United States of America in college-educated workers and those without in the form of grants, a reversal of the dis- Congress assembled, a degree (workers with a Bachelor’s degree tribution 20 years ago; SECTION 1. SHORT TITLE. earn 75 percent more than workers with just (B) the purchasing power of the Pell Grant This Act may be cited as the ‘‘College a high school diploma); and has declined since Pell Grants cover only 40 Quality, Affordability, and Diversity Im- (B) jobs requiring some postsecondary edu- percent of average fixed costs at 4-year pub- provement Act of 2003’’. cation are expected to account for about 42 lic colleges, about half of what they covered percent of total job growth from 2000 SEC. 2. TABLE OF CONTENTS. 25 years ago; through 2010. (C) 15 years ago Pell Grants covered 98 per- The table of contents for this Act is as fol- (2) Increased access to college, reformed lows: cent of average tuition at 4-year public col- admissions systems, and better retention of leges, whereas today Pell Grants only cover Sec. 1. Short title. students are needed because— 64 percent on average; Sec. 2. Table of contents. (A) 65 percent of high-income students are Sec. 3. Findings. (D) the Federal Government saves money on a college-preparatory track, whereas only under the Direct Loan program and makes a TITLE I—ACCESS TO COLLEGE FOR ALL 28 percent of low-income students are on a profit of 3.5 cents on every dollar lent under Sec. 101. Pell Grants. college-preparatory track; the Direct Lending program, while it loses Sec. 102. Expansion of Hope scholarships. (B) 7 times as many students from high-in- 10.37 cents on every dollar lent under the Sec. 103. Elimination of origination fees and come families (48 percent) graduate from col- Federal Family Education Loan Program; adjustment of fees and terms. lege by age 24 as students from low-income and Sec. 104. Direct Loan Reward Program. families (7 percent); (E) average student indebtedness is $17,000, Sec. 105. Costs of higher education. (C) 80 percent of 4-year institutions of and reaches over $120,000 for professional Sec. 106. Credit for interest on higher edu- higher education use the SAT in the admis- school graduates. cation loans. sions process; (4) The Federal Government should do Sec. 107. Refinancing authority for Federal (D) commercial SAT coaching classes, such more to help States, local educational agen- Direct Consolidation Loan. as those run by Kaplan, Inc. and Princeton cies, and schools ensure a qualified teacher Sec. 108. Loans funded through tax-exempt Review, have demonstrated effectiveness in in every classroom because under the No securities. raising a student’s SAT score by 100 points Child Left Behind Act of 2001, States are re- Sec. 109. Windfall profit offset. or more, which can significantly improve a quired to ensure that all teachers teaching Sec. 110. Support for working students. student’s chance of getting into an elite col- in core academic subjects within the State Sec. 111. Student eligibility. lege; are ‘‘highly qualified’’ not later than the end Sec. 112. Authorization of appropriations (E) SAT coaching programs range from of the 2005–2006 school year. States need to levels for campus-based aid. $700 to $3,000 per course and the costs are Sec. 113. Special programs for students prohibitive for low-income students; do much more to meet the challenges in the whose families are engaged in (F) those students who receive SAT coach- new Federal law. In the 1999–2000 school year, migrant and seasonal farm- ing tend to be disproportionally middle or 29 percent of elementary school students, 59 work. upper class; percent of middle school students, and 29 Sec. 114. Loan forgiveness and cancellation (G) 34 percent of students who receive SAT percent of high school students were taught for certain teachers. coaching are from families whose combined by teachers without both a major and certifi- Sec. 115. Revision of tax table. annual income is between $40,000 and $80,000, cation in the subject in which they taught. Sec. 116. Income contingent repayment for and 43 percent are from families whose com- (5) There is a severe shortage of qualified public sector employees. bined annual income is more than $80,000; teachers, especially in high-need fields and TITLE II—TEACHER QUALITY (H) applying to college early decision pro- low-income areas because— ENHANCEMENT vides an advantage to an applicant equal to (A) approximately a third of America’s Sec. 201. Amendment to title II. an additional 100 points on the SAT; teachers leave teaching sometime during their first 3 years of teaching and almost TITLE III—DIVERSITY, RETENTION, AND (I) low-income students are less able to half leave during the first 5 years; ENRICHED ACADEMICS FOR MATRICU- apply to colleges early decision because such (B) overall turnover rate for teachers in LATING STUDENTS students need to compare the financial aid packages at different colleges; high-poverty areas is almost a third higher Sec. 301. Test preparation for low-income than it is for teachers in all schools; students. (J) 40 percent of all Whites age 18 through 24 are enrolled in institutions of higher edu- (C) underqualified teachers are more often Sec. 302. Admissions and retention. found in high-poverty schools; and Sec. 303. Federal Trio program. cation, whereas only 30 percent of all Afri- (D) in low-poverty secondary schools, ap- Sec. 304. Gear Up. can-Americans and only 16 percent of all His- proximately 1⁄3 of students are taught by a Sec. 305. Leveraging educational assistance panics are enrolled in institutions of higher teacher who lacks either a college degree in partnership program. education; (K) nearly 4 out of every 10 Hispanics en- the subject area in which the teacher teaches TITLE IV—OPPORTUNITIES AT rolled full time in 4-year colleges drop out or certification in such subject area, while in HISPANIC-SERVING INSTITUTIONS within 3 years of their initial enrollment, Af- high-poverty secondary schools, approxi- Sec. 401. Postbaccalaureate opportunities rican-Americans are half as likely as White mately 1⁄2 of students are taught by such a for Hispanic Americans. students to complete a Bachelor’s degree in teacher. Sec. 402. Definitions. 4 years, and low-income students are half as (6) Teacher shortages are more severe in Sec. 403. Authorized activities. likely as upper-income students to complete some fields than in others: Sec. 404. Elimination of wait-out period. a Bachelor’s degree in 4 years; (A) Employment opportunities in teaching Sec. 405. Application priority. (L) in 1990, 1 in 4 Americans was a member special education are expected to grow 21 to TITLE V—HISTORICALLY BLACK of a minority group, and in 2001, 1 in 3 Amer- 35 percent through 2010, an increase of over COLLEGES AND UNIVERSITIES icans was a member of a minority group; 150,000 positions. Sec. 501. Professional or graduate institu- (M) low-income, college-qualified high (B) The most recent data from a 1994 Gen- tions. school graduates have an annual ‘‘unmet eral Accounting Office report estimates a

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.098 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13387 shortage of 100,000 to 200,000 bilingual teach- (III) by striking ‘‘section 25A(g)(2)’’ in sub- bears the same ratio to the amount which ers, even as the limited English proficient section (d)(1) and inserting ‘‘section would be so taken into account as— student population continues to grow. 36(g)(2)’’. ‘‘(A) the excess of— (C) It is estimated that of the 2,000,000 (viii) Section 529 of such Code is amended— ‘‘(i) the taxpayer’s modified adjusted gross teachers needed over the next 10 years, al- (I) by striking ‘‘section 25A(g)(2)’’ in sub- income for such taxable year, over most 200,000 will be secondary school mathe- clause (I) of subsection (c)(3)(B)(v) and in- ‘‘(ii) the sum of— matics and science teachers. serting ‘‘section 36(g)(2)’’, ‘‘(I) the amount of any education assist- TITLE I—ACCESS TO COLLEGE FOR ALL (II) by striking ‘‘section 25A’’ in subclause ance received by the student that is not sub- SEC. 101. PELL GRANTS. (II) of subsection (c)(3)(B)(v) and inserting ject to tax under this chapter, and (a) APPROPRIATION OF FUNDS FOR PELL ‘‘section 36’’, and ‘‘(II) $40,000 ($80,000 in the case of a joint GRANTS.—There are authorized to be appro- (III) by striking ‘‘section 25A(b)(3)’’ in return), bears to priated and there are appropriated, out of clause (i) of subsection (e)(3)(B) and inserting ‘‘(B) $10,000 ($20,000 in the case of a joint re- any money in the Treasury not otherwise ap- ‘‘section 36(b)(3)’’. turn).’’. propriated for the fiscal year ending Sep- (ix) Section 530 of such Code is amended— (B) CONFORMING AMENDMENTS.—Subsection tember 30, 2004, for carrying out subpart 1 of (I) by striking ‘‘section 25A(g)(2)’’ in sub- (h) of such section 36 is amended— part A of title IV of the Higher Education clause (I) of subsection (d)(2)(C)(i) and insert- (i) in paragraph (2), by inserting ‘‘FOR THE Act of 1965, $14,515,000,000. ing ‘‘section 36(g)(2)’’, LIFETIME LEARNING CREDIT’’ in the heading (b) AUTHORIZATION AMOUNT AND MAXIMUM (II) by striking ‘‘section 25A’’ in subclause after ‘‘LIMITS’’, and PELL GRANT.—Section 401(b) of the Higher (II) of subsection (d)(2)(C)(i) and inserting (ii) by inserting at the end the following Education Act of 1965 (20 U.S.C. 1070a(b)) is ‘‘section 36’’, and new paragraph: amended— (III) by striking ‘‘section 25A(g)(2)’’ in ‘‘(3) INCOME LIMITS FOR HOPE SCHOLARSHIP (1) in paragraph (3)— clause (iii) of subsection (d)(4)(B) and insert- CREDIT.— (A) in subparagraph (A), by striking ‘‘ap- ing ‘‘section 36(g)(2)’’. ‘‘(A) IN GENERAL.—In the case of a taxable propriation Act’’ and inserting ‘‘appropria- (x) Subsection (e) of section 6050S of such year beginning after 2003, the $40,000 and tion Act or subparagraph (C)’’; and Code is amended by striking ‘‘section 25A’’ $80,000 amounts in subsection (d)(3) shall (B) by adding at the end the following: and inserting ‘‘section 36’’. each be increased by an amount equal to— ‘‘(C) The maximum Pell Grant for which a (xi) Subparagraph (J) of section 6213(g)(2) ‘‘(i) such dollar amount, multiplied by student shall be eligible during award year of such Code is amended by striking ‘‘section ‘‘(ii) the cost-of-living adjustment deter- 2004–2005 shall be $4,500.’’; and 25A(g)(1)’’ and inserting ‘‘section 36(g)(1)’’. mined under section 1(f)(3) for the calendar (2) in paragraph (2)(A), by striking clauses (xii) Paragraph (2) of section 1324(b) of title year in which the taxable year begins, deter- (i) through (v) and inserting the following: 31, United States Code, is amended by insert- mined by substituting ‘calendar year 2002’ ‘‘(i) $7,600 for academic year 2005–2006; ing before the period ‘‘or from section 36 of for ‘calendar year 1992’ in subparagraph (B) ‘‘(ii) $8,600 for academic year 2006–2007; such Code’’. thereof. ‘‘(iii) $9,600 for academic year 2007–2008; (xiii) The table of sections for subpart C of ‘‘(B) ROUNDING.—If any amount as adjusted ‘‘(iv) $10,600 for academic year 2008–2009; part IV of subchapter A of chapter 1 of the under subparagraph (A) is not a multiple of and Internal Revenue Code of 1986 is amended by $1,000, such amount shall be rounded to the ‘‘(v) $11,600 for academic year 2009–2010,’’. striking the item relating to section 36 and next lowest multiple of $1,000.’’. SEC. 102. EXPANSION OF HOPE SCHOLARSHIPS. inserting the following: (b) EFFECTIVE DATE.—The amendments (a) EXPANSION OF HOPE SCHOLARSHIP CRED- made by this section shall apply to taxable IT.— ‘‘Sec. 36. Hope and Lifetime Learning cred- years beginning after December 31, 2002. (1) DOUBLE MAXIMUM CREDIT TO $3,000.—Sub- its. SEC. 103. ELIMINATION OF ORIGINATION FEES section (b) of section 25A of the Internal Rev- ‘‘Sec. 37. Overpayments of tax.’’. AND ADJUSTMENT OF FEES AND enue Code of 1986 (relating to Hope and Life- TERMS. (xiv) The table of sections for subpart A of time Learning credits) is amended by strik- (a) DIRECT LOANS.—Section 455(c) of the ing ‘‘2’’ in paragraph (4) and inserting ‘‘3’’. such part IV is amended by striking the item Higher Education Act of 1965 (20 U.S.C. relating to section 25A. (2) CREDIT AVAILABLE FOR 4 YEARS.—Sub- 1087e(c)) is amended to read as follows: section (b) of section 25A of such Code is (4) CREDIT ALLOWED FOR COST OF ATTEND- ‘‘(c) LOAN FEE.— amended by striking ‘‘2’’ each place it ap- ANCE.— ‘‘(1) IN GENERAL.—Except as provided in pears in paragraphs (2)(A), (2)(C), and (4) and (A) IN GENERAL.— paragraph (2), the Secretary shall charge the inserting ‘‘4’’. (i) Subsection (b) of section 36 of such borrower of a loan made under this part an (3) REFUNDABLE CREDIT.— Code, as moved and redesignated by para- origination fee of 4.0 percent of the principal (A) IN GENERAL.—Section 25A of such Code graph (3), is amended by striking ‘‘qualified amount of the loan. is hereby moved to subpart C of part IV of tuition and related expenses’’ each place it ‘‘(2) EXCEPTION FOR SUBSIDIZED LOANS.—The subchapter A of chapter 1 of such Code (re- occurs and inserting ‘‘cost of attendance’’. Secretary may not charge the borrower of a lating to refundable credits) and inserted (ii) Subsection (f) of such section 36 is loan made under this part an origination fee after section 35. amended by adding at the end the following if the borrower receives an interest subsidy (B) TECHNICAL AMENDMENTS.— new paragraph: for such loan.’’. (i) Section 36 of such Code is redesignated ‘‘(3) NO PELL REDUCTION.—The term ‘cost of (b) FFEL PROGRAM.—Section 438(c) of the as section 37. attendance’ has the meaning given such Higher Education Act of 1965 (20 U.S.C. 1087– (ii) Section 25A of such Code (as moved by term in section 472 of the Higher Education 1(c)) is amended by adding at the end the fol- subsection (a)) is redesignated as section 36. Act of 1965, except that the term shall not in- lowing: (iii) Paragraph (1) of section 36(a) of such clude any costs described in paragraph (4) or ‘‘(9) TERMINATION OF ORIGINATION FEES FOR Code (as redesignated by paragraph (2)) is (5) of such section.’’. SUBSIDIZED LOANS.—Notwithstanding any amended by striking ‘‘this chapter’’ and in- (B) CONFORMING AMENDMENTS.— other provision of this subsection, with re- serting ‘‘this subtitle’’. (i) Subsection (b)(1)(B) of such section 36 is spect to any loan made, insured, or guaran- (iv) Subparagraph (B) of section 72(t)(7) of amended by striking ‘‘such expenses’’ and in- teed under this part on or after the first July such Code is amended by striking ‘‘section serting ‘‘such cost’’. 1 after the date of enactment of this para- 25A(g)(2)’’ and inserting ‘‘section 36(g)(2)’’. (ii) Subsections (e) and (g) of such section graph for which a borrower receives an inter- (v) Subparagraph (A) of section 135(d)(2) of 36 are amended by inserting ‘‘the cost of at- est subsidy under section 428(a)— such Code is amended by striking ‘‘section tendance or’’ before ‘‘qualified’’ each place it ‘‘(A) no eligible lender may collect directly 25A’’ and inserting ‘‘section 36’’. appears. or indirectly from the borrower any origina- (vi) Section 221(d) of such Code is amend- (5) EXPANSION OF LIMITATION.— tion fee with respect to such loan, or any ed— (A) IN GENERAL.—Subsection (d) of section other fee relating to the origination of a loan (I) by striking ‘‘section 25A(g)(2)’’ in para- 36 of such Code, as moved and redesignated however described; and graph (2)(B) and inserting ‘‘section 36(g)(2)’’, by paragraph (3), is amended— ‘‘(B) the Secretary shall not collect any (II) by striking ‘‘section 25A(f)(2)’’ in para- (i) in paragraph (1), by striking the period origination fee from the lender under this graph (2)(B) and inserting ‘‘section 36(f)(2)’’, and inserting ‘‘in the case of the Lifetime subsection.’’. and Learning Credit and paragraph (3) in the case (c) ADJUSTMENT OF FEES AND LOANS FOR DI- (III) by striking ‘‘section 25A(b)(3)’’ in of the Hope Scholarship Credit.’’, RECT LOANS.—Section 455 of the Higher Edu- paragraph (3) and inserting ‘‘section (ii) in paragraph (2), by inserting ‘‘FOR THE cation Act of 1965 (20 U.S.C. 1087e) is amend- 36(b)(3)’’. LIFETIME LEARNING CREDIT’’ in the heading ed by adding at the end the following: (vii) Section 222 of such Code is amended— after ‘‘REDUCTION’’, and ‘‘(m) ADJUSTMENT OF FEES AND LOANS.— (I) by striking ‘‘section 25A’’ in subpara- (iii) by redesignating paragraph (3) as para- Notwithstanding any other provision of law, graph (A) of subsection (c)(2) and inserting graph (4) and by adding after paragraph (2) the Secretary shall adjust the fees and terms ‘‘section 36’’, the following new paragraph: for Federal Direct Unsubsidized Stafford (II) by striking ‘‘section 25A(f)’’ in sub- ‘‘(3) AMOUNT OF REDUCTION FOR HOPE SCHOL- Loans to be equal to the fees and terms for section (d)(1) and inserting ‘‘section 36(f)’’, ARSHIP CREDIT.—The amount determined loans made to borrowers under section and under this paragraph is the amount which 428H.’’.

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SEC. 104. DIRECT LOAN REWARD PROGRAM. ‘‘(A) first make financial reward payments ‘‘(3) PEER REVIEW PANEL.— Part D of title IV of the Higher Education to those institutions of higher education ‘‘(A) IN GENERAL.—The Secretary shall sub- Act of 1965 (20 U.S.C. 1087a et seq.) is amend- that participated in the student loan pro- mit to a peer review panel each application ed by adding at the end the following: gram under part B on the date of enactment submitted under paragraph (1). ‘‘SEC. 460A. DIRECT LOAN REWARD PROGRAM. of the Direct Loan Reward Program; and ‘‘(B) COMPOSITION.—The peer review panel ‘‘(a) SHORT TITLE.—This section may be ‘‘(B) with any remaining Federal savings shall consist of representatives from— cited as the ‘Direct Loan Reward Act’. after making payments under subparagraph ‘‘(i) higher education, including professors; ‘‘(b) PROGRAM AUTHORIZED.—The Secretary (A), make financial reward payments to the ‘‘(ii) the Department; and shall carry out a Direct Loan Reward Pro- institutions of higher education not de- ‘‘(iii) the business community. gram to encourage institutions of higher scribed in subparagraph (A) on a pro-rata ‘‘(C) APPROVAL OR DISAPPROVAL.—With re- education to participate in the student loan basis. spect to each application, the peer review program under this part. ‘‘(4) CARRY OVER.—Any institution of high- panel shall recommend whether each appli- ‘‘(c) PROGRAM REQUIREMENTS.—In carrying er education that receives a reduced finan- cant should be awarded a grant under this out the Direct Loan Reward Program, the cial reward payment under paragraph (3)(B), section. Secretary shall— shall remain eligible for the unpaid portion ‘‘(1) provide to each institution of higher of such institution’s financial reward pay- ‘‘(c) AWARDING OF GRANTS.— education participating in the student loan ment, as well as any additional financial re- ‘‘(1) GEOGRAPHIC DISTRIBUTION.—In award- program under this part a financial reward ward payments for which the institution is ing grants under this section, the Secretary payment, in an amount determined in ac- otherwise eligible, in subsequent fiscal shall take into consideration providing an cordance with subsection (d), to encourage years.’’. equitable geographic distribution of the the institution to provide student loans SEC. 105. COSTS OF HIGHER EDUCATION. grants throughout the United States. AXIMUM AWARD under this part; (a) SUPPORTING REDUCED TUITION IN- ‘‘(2) M .—A grant award ‘‘(2) require each institution of higher edu- CREASES.—Part C of title I of the Higher Edu- under this section shall be not more than cation receiving a payment under this sec- cation Act of 1965 (20 U.S.C. 1015 et seq.) is $200,000. Not more than $75,000 may be award- tion to provide student loans under this part amended by adding at the end the following: ed in the first year of the grant award and for a period of 5 years from the date the pay- ‘‘SEC. 132. ECONOMIES OF SCALE. remaining funds shall be evenly divided over ment is made; ‘‘(a) AUTHORIZATION.— the remaining 3 years. ‘‘(3) require that funds paid to institutions ‘‘(1) IN GENERAL.—The Secretary is author- ‘‘(d) ACTIVITIES.— of higher education under this section be ized to award grants, on a competitive basis, ‘‘(1) COST-CUTTING ACTIVITIES.—A univer- used to award students Federal Supple- to university consortia to enable such con- sity consortium awarded a grant under this mental Educational Opportunity Grants in sortia to engage in endeavors to reduce col- section shall use the grant funds to cut part- accordance with subpart 3 of part A, except lege costs. ner institution of higher education costs by that an institution of higher education shall ‘‘(2) UNIVERSITY CONSORTIUM.—In this sec- carrying out 1 or more of the following ac- not be required to provide any matching tion, the term ‘university consortium’ means tivities: funds with respect to such awards; and a consortium of not less than 5 two- or four- ‘‘(A) Cooperative purchasing of health care ‘‘(4) for a period of 2 years beginning on the year degree granting institutions of higher and other employee benefit plans. date of enactment of this section, encourage education that receive assistance under title ‘‘(B) Cooperative purchasing of technology all institutions of higher education to par- IV. infrastructure. ticipate in the Direct Loan Reward Program. ‘‘(3) DURATION.—Grants awarded under this ‘‘(C) Joint degree programs. ‘‘(d) AMOUNT.—The amount of a financial section shall be for a period of not more than ‘‘(D) Expansion of joint distance education reward payment under this section shall be— 4 years. programs across institutions of higher edu- ‘‘(1) in the case of the first year of an insti- ‘‘(b) APPLICATION.— cation. tution of higher education’s participation in ‘‘(1) IN GENERAL.—A university consortium ‘‘(E) Shared library acquisitions. the Direct Loan Reward Program, an that desires a grant under this section shall ‘‘(F) Development and implementation of a amount equal to 50 percent of the savings to submit an application to the Secretary at credit transfer system among partner insti- the Federal Government generated by the in- such time, in such manner, and containing tutions of higher education. stitution’s participation in the student loan such information as the Secretary deter- ‘‘(G) Development and implementation of program under this part instead of the insti- mines appropriate. cooperative billing structures. tution’s participation in the student loan ‘‘(2) CONTENT.—An application submitted ‘‘(H) Development and implementation of program under part B; and under paragraph (1) shall include— joint professional development for faculty ‘‘(2) in the case of the second through fifth ‘‘(A) a list of the institutions of higher and staff. years of an institution of higher education’s education that are partners in the university ‘‘(I) Joint legal counsel. participation in the Direct Loan Reward consortium; ‘‘(J) Other activities that have the effect of Program, an amount equal to 10 percent of ‘‘(B) a letter of intent to participate in the cutting partner institution of higher edu- the savings to the Federal Government gen- university consortium from each partner in- cation costs. erated by the institution’s participation in stitution of higher education; ‘‘(2) FURTHER ACTIVITIES.—A university the student loan program under this part in- ‘‘(C) a general description of the nature of consortium may carry out activities not list- stead of the institution’s participation in the the programs, activities, or other cost-cut- ed in paragraph (1) in addition to carrying student loan program under part B. ting measures to be carried out by the uni- out 1 or more activities listed in paragraph ‘‘(e) TRIGGER TO ENSURE COST NEU- versity consortium with funds received (1). TRALITY.— under this section, and the cost of such pro- ‘‘(3) COST SAVINGS TO STUDENTS.—Each ‘‘(1) LIMIT TO ENSURE COST NEUTRALITY.— grams, activities, or other cost-cutting Notwithstanding subsection (d), the Sec- measures; partner institution of higher education of a retary shall not distribute financial reward ‘‘(D) a description of how such activities university consortium awarded a grant payments under the Direct Loan Reward are expected to result in cost savings for all under this section shall— Program that, in the aggregate, exceed the partner institutions of higher education; ‘‘(A) not raise tuition more than twice the Federal savings resulting from implementa- ‘‘(E) an estimation of how much money rate of inflation from academic year to sub- tion of the Direct Loan Reward Program. will be saved through such activities; sequent academic year during the life of the grant; and ‘‘(2) FEDERAL SAVINGS.—In calculating Fed- ‘‘(F) an assurance that when the university eral savings, as used in paragraph (1), the consortium efforts begin to post savings for ‘‘(B) pass on to the students at such insti- Secretary shall determine any Federal sav- the partner institutions of higher education, tution not less than 50 percent of the savings ings on loans made to students at institu- not less than 50 percent of the savings will be from the grant by cutting or maintaining tions of higher education that participate in passed to students by cutting or maintaining student tuition rates or increasing student the Direct Loan Reward Program and that, student tuition rates or increasing student aid. on the date of enactment of the Direct Loan aid; ‘‘(e) MATCHING FUNDS.— Reward Program, participated in the student ‘‘(G) an assurance that each partner insti- ‘‘(1) IN GENERAL.—Each university consor- loan program under part B, resulting from tution of higher education will not raise tui- tium awarded a grant under this section the difference of— tion more than twice the inflation change shall provide matching funds from non-Fed- ‘‘(A) the Federal cost of loan volume made tracked pursuant to section 131(c)(4) from eral sources to carry out activities under under this part; and academic year to subsequent academic year this section in an amount equal to— ‘‘(B) the Federal cost of an equivalent type during the life of the grant; ‘‘(A) 40 percent of the grant award in the and amount of loan volume made, insured, or ‘‘(H) a general timeline of how the univer- first year; guaranteed under part B. sity consortium will carry out planned ac- ‘‘(B) 50 percent of the grant award in the ‘‘(3) DISTRIBUTION RULES.—If the Federal tivities and when savings are expected to be second year; savings determined under paragraph (2) is posted; and ‘‘(C) 65 percent of the grant award in each not sufficient to distribute full financial re- ‘‘(I) a statement as to how the university of the third and fourth years; and ward payments under the Direct Loan Re- consortium plans to provide matching funds ‘‘(D) 80 percent of the grant award in the ward Program, the Secretary shall— required under this section. fifth year.

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‘‘(2) IN-KIND CONTRIBUTIONS.—Not more their representatives pursuant to this sec- ‘‘(1) IN GENERAL.—Except as provided in than 50 percent of the matching funds re- tion and for the purpose of, and limited to, paragraph (2), the credit allowed by sub- quired under paragraph (1) may be provided negotiating voluntarily agreed upon limits section (a) for the taxable year shall not ex- in the form of in-kind contributions. on future college tuition and fee increases, ceed $1,500. ‘‘(f) ONE-TIME AWARD.—A university con- approved by the Secretary.’’. ‘‘(2) LIMITATION BASED ON MODIFIED AD- sortium may receive a grant under this sec- (c) MAINTENANCE OF EFFORT.—Part A of JUSTED GROSS INCOME.— tion only one time. title IV of the Higher Education Act of 1965 ‘‘(A) IN GENERAL.—If the modified adjusted ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Funds (20 U.S.C. 1070 et seq.) is amended by adding gross income of the taxpayer for the taxable made available under this section shall be at the end the following: year exceeds $50,000 ($100,000 in the case of a used to supplement, not supplant, other ‘‘Subpart 9—Maintenance of Effort joint return), the amount which would (but funds available for institutional or campus- for this paragraph) be allowable as a credit ‘‘SEC. 420K. MAINTENANCE OF EFFORT. based student aid. under this section shall be reduced (but not ‘‘(a) IN GENERAL.—A public institution of ‘‘(h) REPORTING.— below zero) by the amount which bears the higher education is eligible to receive the ‘‘(1) ANNUAL REPORT.— same ratio to the amount which would be so full amount of assistance under this title for ‘‘(A) IN GENERAL.—Each university consor- allowable as such excess bears to $10,000 any fiscal year only if the Secretary deter- tium awarded a grant under this section ($20,000 in the case of a joint return). mines that the State in which the public in- shall submit an annual report to the Sec- ‘‘(B) MODIFIED ADJUSTED GROSS INCOME.— stitution of higher education is located retary on progress toward meeting the pur- The term ‘modified adjusted gross income’ maintains not less than 90 percent of its sup- poses of this section. means adjusted gross income determined port for higher education from the preceding ‘‘(B) CONSEQUENCES OF NOT MAKING SUB- without regard to sections 911, 931, and 933. fiscal year, as demonstrated by the State ag- STANTIAL PROGRESS.—If the Secretary, after ‘‘(C) INFLATION ADJUSTMENT.—In the case gregate expenditures with respect to the pro- consultation with the peer review panel de- of any taxable year beginning after 2004, the vision of higher education. scribed in subsection (b)(3), determines that $50,000 and $100,000 amounts referred to in ‘‘(b) WAIVER.—The Secretary may waive the university consortium is not making subparagraph (A) shall be increased by an the requirements of this section if the Sec- substantial progress in meeting the purposes amount equal to— retary determines that a waiver would be eq- and goals of this section, as appropriate, by ‘‘(i) such dollar amount, multiplied by uitable due to— the end of the second year of the grant, the ‘‘(ii) the cost-of-living adjustment deter- ‘‘(1) exceptional or uncontrollable cir- grant shall not be continued for the third mined under section 1(f)(3) for the calendar cumstances, such as a natural disaster; or and fourth year of the grant. year in which the taxable year begins, by ‘‘(2) a precipitous, unpredicted, and unprec- ‘‘(2) REPORT BY THE SECRETARY.—The Sec- substituting ‘2003’ for ‘1992’. edented decline in State budget authority. retary shall— ‘‘(D) ROUNDING.—If any amount as adjusted ‘‘(c) CONSEQUENCES OF FAILURE TO MAIN- ‘‘(A) conduct an analysis on the overall ef- under subparagraph (C) is not a multiple of TAIN EFFORT.—Notwithstanding any other fectiveness of university consortia in cutting $50, such amount shall be rounded to the provision of this Act, the Secretary shall ad- college costs and passing savings on to stu- nearest multiple of $50. just the level of assistance available to insti- dents; and ‘‘(c) DEPENDENTS NOT ELIGIBLE FOR CRED- tutions described in subsection (a) by restor- ‘‘(B) make the analysis under subpara- IT.—No credit shall be allowed by this sec- ing the Pell Grant maximum under this part graph (A) available to Congress and the pub- tion to an individual for the taxable year if and student loan fees under parts B and D to lic biannually. a deduction under section 151 with respect to their levels on June 30, 2004.’’. ‘‘(i) NATIONAL ACTIVITIES.—The Secretary such individual is allowed to another tax- (d) TRUTH-IN-TUITION.—Part A of title IV of may reserve not more than 5 percent of the payer for the taxable year beginning in the the Higher Education Act of 1965 (20 U.S.C. funds appropriated for this section for any calendar year in which such individual’s tax- 1070 et seq.), as amended by subsection (c), is fiscal year for— able year begins. further amended by adding at the end the ‘‘(1) peer review of applications; ‘‘(d) LIMIT ON PERIOD CREDIT ALLOWED.—A following: ‘‘(2) conducting the analysis required under credit shall be allowed under this section subsection (h)(3); and ‘‘Subpart 10—Truth-in-Tuition only with respect to interest paid on any ‘‘(3) technical assistance. ‘‘SEC. 420L. DISCLOSURE IN APPLICATION. qualified education loan during the first 60 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘An institution of higher education that months (whether or not consecutive) in There are authorized to be appropriated to receives Federal funds and is eligible for as- which interest payments are required. For carry out this section $5,000,000 for fiscal sistance under this title shall include in ma- purposes of this paragraph, any loan and all year 2004 and such sums as may be necessary terials accompanying an application for ad- refinancings of such loan shall be treated as for each of the 5 succeeding fiscal years.’’. mission to the institution up to date annual 1 loan. (b) COLLEGE COST SUMMIT.—Part C of title trend information regarding the extent and ‘‘(e) DEFINITIONS.—For purposes of this sec- I of the Higher Education Act of 1965 (20 average amount of such institution’s tuition tion: U.S.C. 1015 et seq.), as amended by sub- and fee discounts.’’. ‘‘(1) QUALIFIED EDUCATION LOAN.—The term section (a), is further amended by adding at (e) COLLEGE CONSUMER PRICE INFORMA- ‘qualified education loan’ has the meaning the end the following: TION.—Section 131(c)(4) of the Higher Edu- given such term by section 221(d)(1). ‘‘SEC. 133. COLLEGE COST SUMMIT. cation Act of 1965 (20 U.S.C. 1015(c)(4)) is ‘‘(2) DEPENDENT.—The term ‘dependent’ has the meaning given such term by section 152. ‘‘(a) IN GENERAL.—The Secretary shall con- amended to read as follows: ‘‘(f) SPECIAL RULES.— vene a college cost summit with representa- ‘‘(4) HIGHER EDUCATION MARKET BASKET.— ‘‘(1) DENIAL OF DOUBLE BENEFIT.—No credit tives of competing peer institutions of high- ‘‘(A) IN GENERAL.—The Bureau of Labor shall be allowed under this section for any er education for the purpose of negotiating Statistics, in consultation with the Commis- amount taken into account for any deduc- voluntarily agreed upon limits on future col- sioner for Education Statistics, shall develop tion under any other provision of this chap- lege tuition and fee increases. a higher education cost index that tracks in- ter. ‘‘(b) SECRETARIAL APPROVAL.—No agree- flation changes in the necessary costs associ- ‘‘(2) MARRIED COUPLES MUST FILE JOINT RE- ment reached pursuant to subsection (a) ated with higher education. TURN.—If the taxpayer is married at the shall take effect absent approval by the Sec- ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— close of the taxable year, the credit shall be retary. There are authorized to be appropriated to allowed under subsection (a) only if the tax- ‘‘(c) ANTITRUST EXEMPTION.— carry out this paragraph $7,000,000 for fiscal payer and the taxpayer’s spouse file a joint ‘‘(1) DEFINITIONS.—In this subsection: year 2004 and such sums as may be necessary return for the taxable year. ‘‘(A) ANTITRUST LAWS.—The term ‘anti- for each of the 5 succeeding fiscal years.’’. ‘‘(3) MARITAL STATUS.—Marital status shall trust laws’ has the meaning given such term SEC. 106. CREDIT FOR INTEREST ON HIGHER be determined in accordance with section in subsection (a) of the first section of the EDUCATION LOANS. 7703.’’. Clayton Act (15 U.S.C. 12(a)), except that (a) IN GENERAL.—Subpart A of part IV of (b) CONFORMING AMENDMENT.—The table of such term includes section 5 of the Federal subchapter A of chapter 1 of the Internal sections for subpart A of part IV of sub- Trade Commission Act (15 U.S.C. 45) to the Revenue Code of 1986 (relating to nonrefund- chapter A of chapter 1 of the Internal Rev- extent such section 5 applies to unfair meth- able personal credits) is amended by insert- enue Code of 1986 is amended by inserting ods of competition. ing after section 25B the following new sec- after the item relating to section 25B the fol- ‘‘(B) INSTITUTION OF HIGHER EDUCATION.— tion: lowing new item: The term ‘institution of higher education’— ‘‘SEC. 25C. INTEREST ON HIGHER EDUCATION ‘‘(i) means an institution of higher edu- LOANS. ‘‘Sec. 25C. Interest on higher education cation as defined in section 101; and ‘‘(a) ALLOWANCE OF CREDIT.—In the case of loans.’’. ‘‘(ii) includes any individual acting on be- an individual, there shall be allowed as a (c) EFFECTIVE DATE.—The amendments half of such an institution. credit against the tax imposed by this chap- made by this section shall apply to any ‘‘(2) EXEMPTION.—The antitrust laws shall ter for the taxable year an amount equal to qualified education loan (as defined in sec- not apply to any joint discussion, consider- the interest paid by the taxpayer during the tion 25C(e)(1) of the Internal Revenue Code of ation, review, action, or agreement by or taxable year on any qualified education loan. 1986, as added by this section) incurred on, among institutions of higher education or ‘‘(b) MAXIMUM CREDIT.— before, or after the date of enactment of this

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.085 S28PT1 S13390 CONGRESSIONAL RECORD — SENATE October 28, 2003 Act, but only with respect to any loan inter- ‘‘(C) The eligible lender does not offer ben- SEC. 111. STUDENT ELIGIBILITY. est payment due after December 31, 2002. efits to a borrower in a manner directly or Section 484 of the Higher Education Act of SEC. 107. REFINANCING AUTHORITY FOR FED- indirectly predicated on such borrower’s par- 1965 (20 U.S.C. 1091) is amended by striking ERAL DIRECT CONSOLIDATION ticipation in a program under this part, part subsection (r). LOAN. D, or with any particular lender. SEC. 112. AUTHORIZATION OF APPROPRIATIONS Section 455(g) of the Higher Education Act ‘‘(D) The eligible lender certifies that it LEVELS FOR CAMPUS-BASED AID. of 1965 (20 U.S.C. 1087e(g)) is amended— uses the windfall profit amount described in (a) FEDERAL SUPPLEMENTAL EDUCATIONAL (1) by striking ‘‘A borrower’’ and inserting paragraph (1) to carry out the purposes of OPPORTUNITY GRANTS.—Section 413A(b)(1) of the following: this Act through activities such as the fol- the Higher Education Act of 1965 (20 U.S.C. ‘‘(1) IN GENERAL.—A borrower’’; and lowing: 1070b(b)(1)) is amended by striking (2) by adding at the end the following: ‘‘(i) Conferring grants, scholarships, or ‘‘$675,000,000 for fiscal year 1999 and such ‘‘(2) REFINANCING AUTHORITY.— loans. sums as may be necessary for the 4 suc- ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(ii) Financing work-study student em- ceeding fiscal years’’ and inserting other provision of this part, a borrower may ployment. ‘‘$1,000,000,000 for fiscal year 2004 and such refinance a Federal Direct Consolidation ‘‘(iii) Carrying out activities authorized sums as may be necessary for each of the 5 Loan at the prevailing fixed rate as deter- under chapters 1 and 2 of subpart 2 of part A. succeeding fiscal years’’. mined by the Secretary, if the interest rate ‘‘(E) The eligible lender is subject to public (b) FEDERAL WORK-STUDY PROGRAMS.—Sec- on such borrower’s Federal Direct Consolida- oversight through either a State charter, or tion 441(b) of the Higher Education Act of tion Loan is not less than the sum of 3.3 per- not less than 50 percent of the lender’s board 1965 (42 U.S.C. 2751(b)) is amended by striking cent and the average of the bond equivalent of directors consists of State appointed rep- ‘‘$1,000,000,000 for fiscal year 1999 and such rates of the 91-day Treasury bills auctioned resentatives. sums as may be necessary for each of the 4 for the previous calendar quarter. ‘‘(F) The eligible lender does not engage in succeeding fiscal years’’ and inserting ‘‘(B) ONE-TIME ONLY.—A borrower may refi- the marketing of the relative value of pro- ‘‘$1,500,000,000 for fiscal year 2004 and such nance under subparagraph (A) only once.’’. grams under this part as compared to pro- sums as may be necessary for each of the 5 SEC. 108. LOANS FUNDED THROUGH TAX-EXEMPT grams under part D, nor does the lender en- succeeding fiscal years’’. SECURITIES. gage in the marketing of loans or programs (c) FEDERAL PERKINS LOANS.—Section 461(b)(1) of the Higher Education Act of 1965 (a) REPEAL.—Subparagraph (B) of section offered by for-profit lenders. This subpara- 438(b)(2) of the Higher Education Act of 1965 graph shall not be construed to prohibit the (20 U.S.C. 1087aa(b)(1)) is amended by strik- (20 U.S.C. 1087–1(b)(2)) is repealed. eligible lender from conferring basic infor- ing ‘‘$250,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 (b) LOANS FUNDED THROUGH TAX-EXEMPT mation on lenders under this part and the re- succeeding fiscal years’’ and inserting SECURITIES.—Section 438(b)(2) of the Higher lated benefits offered by such lenders.’’. ‘‘$300,000,000 for fiscal year 2004 and such Education Act of 1965 is amended further by SEC. 110. SUPPORT FOR WORKING STUDENTS. inserting after subparagraph (A) the fol- sums as may be necessary for each of the 5 (a) DEPENDENT STUDENTS.—Section lowing: succeeding fiscal years’’. 475(g)(2) of the Higher Education Act of 1965 ‘‘(B) Notwithstanding any other provision SEC. 113. SPECIAL PROGRAMS FOR STUDENTS (20 U.S.C. 1087oo(g)(2)) is amended by strik- WHOSE FAMILIES ARE ENGAGED IN of law, the quarterly rate of the special al- ing subparagraph (D) and inserting the fol- MIGRANT AND SEASONAL FARM- lowance for the holders of loans financed di- lowing: WORK. rectly, indirectly, or derivatively with funds ‘‘(D) $9,000;’’. Section 418A of the Higher Education Act obtained by the holders from the issuance of of 1965 (20 U.S.C. 1070d–2) is amended— (b) INDEPENDENT STUDENTS WITHOUT DE- obligations, the income from which is ex- (1) in subsection (f)— PENDENTS OTHER THAN A SPOUSE.—Section cluded from gross income under the Internal (A) in paragraph (1), by striking ‘‘$150,000’’ 476(b)(1)(A) of the Higher Education Act of Revenue Code of 1986, regardless of the date and inserting ‘‘$225,000’’; and 1965 (20 U.S.C. 1087pp(b)(1)(A)) is amended by of the issuance of the obligations, shall be (B) in paragraph (2), by striking ‘‘$150,000’’ striking clause (iv) and inserting the fol- the quarterly rate of the special allowance and inserting ‘‘$225,000’’; and lowing: established under subparagraph (A), (E), (F), (2) in subsection (h)— ‘‘(iv) $13,000;’’. (G), or (H), as the case may be.’’. (A) in paragraph (1)— SEC. 109. WINDFALL PROFIT OFFSET. (c) INDEPENDENT STUDENTS WITH DEPEND- (i) by striking ‘‘$15,000,000’’ and inserting Section 438 of the Higher Education Act of ENTS OTHER THAN A SPOUSE.—Section 477(b) ‘‘$40,000,000’’; 1965 (20 U.S.C. 1087–1) is amended by adding of the Higher Education Act of 1965 (20 U.S.C. (ii) by striking ‘‘1999’’ and inserting ‘‘2004’’; at the end the following: 1087qq(b)) is amended— and ‘‘(g) WINDFALL PROFIT OFFSET.— (1) in paragraph (1)— (iii) by striking ‘‘4’’ and inserting ‘‘5’’; and ‘‘(1) IN GENERAL.—Except as provided in (A) by striking subparagraph (D) and in- (B) in paragraph (2)— paragraph (2), at the end of every fiscal quar- serting the following: (i) by striking ‘‘$5,000,000’’ and inserting ter for which an eligible lender does not re- ‘‘(D) $18,000;’’; and ‘‘$30,000,000’’; ceive a special allowance payment under this (B) in subparagraph (E), by striking ‘‘para- (ii) by striking ‘‘1999’’ and inserting ‘‘2004’’; section, the eligible lender shall pay to the graph (5)’’ and inserting ‘‘paragraph (4)’’; and Secretary of the Treasury for deposit into (2) by striking paragraph (4); and (iii) by striking ‘‘4’’ and inserting ‘‘5’’. (3) by redesignating paragraph (5) as para- the Treasury as miscellaneous receipts a SEC. 114. LOAN FORGIVENESS AND CANCELLA- windfall profit offset payment for the fiscal graph (4). TION FOR CERTAIN TEACHERS. quarter equal to the amount by which— (d) CONFORMING AMENDMENTS.—Section 478 (a) FFEL LOANS.—Section 428J of the High- ‘‘(A) the aggregate amount of all payments of the Higher Education Act of 1965 (20 U.S.C. er Education Act of 1965 (20 U.S.C. 1078–10) is of interest received by the eligible lender 1087rr) is amended— amended— from borrowers on all loans made, insured, (1) by striking subsection (b) and inserting (1) in subsection (c), by adding at the end or guaranteed under this part during the fis- the following: the following: cal quarter; exceeds ‘‘(b) INCOME PROTECTION ALLOWANCE.—For ‘‘(3) ADDITIONAL AMOUNTS FOR HIGHLY ‘‘(B) interest guaranteed the lender under each academic year after academic year QUALIFIED TEACHERS IN MATHEMATICS, this section for the fiscal quarter, irrespec- 1993–1994, the Secretary shall publish in the SCIENCE, SPECIAL EDUCATION, OR BILINGUAL tive of the amount received under subpara- Federal Register a revised table of income EDUCATION.—Notwithstanding the amount graph (A). protection allowances for the purpose of sec- specified in paragraph (1) and the require- ‘‘(2) EXCEPTION.—An eligible lender shall tion 475(c)(4). Such revised table shall be de- ments of subsection (b)(1), the Secretary not be subject to the requirement of para- veloped by increasing each of the dollar shall repay not more than $15,000 in the ag- graph (1) if the eligible lender is an organiza- amounts contained in the table in such sec- gregate of the loan obligation on a loan tion described in section 501(c)(3) of the In- tion by a percentage equal to the estimated made under section 428 or 428H that is out- ternal Revenue Code of 1986 and a nonprofit percentage increase in the Consumer Price standing after the completion of the fifth entity as defined by applicable State law, Index (as determined by the Secretary) be- complete school year of teaching described and meets the following requirements: tween December 1992 and the December next in subparagraphs (A) and (B) in the case of a ‘‘(A) The eligible lender does not confer a preceding the beginning of such academic teacher— salary or benefits to any employee of the year, and rounding the result to the nearest ‘‘(A) who has been employed as a full-time lender in an amount that is in excess of the $10.’’; and teacher for 5 consecutive complete school salary and benefits provided to the Secretary (2) in subsection (h)— years in a school that qualifies under section by the Department. (A) in the first sentence, by striking 465(a)(2)(A) for loan cancellation for Perkins ‘‘(B) The eligible lender does not maintain ‘‘477(b)(5)’’ and inserting ‘‘477(b)(4)’’; and loan recipients who teach in such schools, an ongoing relationship whereby it passes on (B) in the second sentence— except that the enrollment of children revenue directly or indirectly through lease, (i) by striking ‘‘477(b)(5)(A)’’ and inserting counted under section 1124(c) of the Elemen- securitization, resale, or any other financial ‘‘477(b)(4)(A)’’; and tary and Secondary Education Act of 1965 ex- instrument to a for-profit entity or to share- (ii) by striking ‘‘477(b)(5)(B)’’ and inserting ceeds 40 percent of the total enrollment of holders. ‘‘477(b)(4)(B)’’. such school;

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.085 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13391 ‘‘(B) whose qualifying employment is part for any new borrower on or after Octo- ‘‘(1) improve student achievement; teaching mathematics, science, special edu- ber 1, 1998, who— ‘‘(2) increase the size and scope of pro- cation, or bilingual education; and ‘‘(A) has been employed as a full-time grams funded under this part to meet the ‘‘(C) who is highly qualified (as defined in teacher for 5 consecutive complete school goal of having 100 percent of teachers as section 9101 of the Elementary and Sec- years in a Head Start or Early Head Start highly qualified teachers; ondary Education Act of 1965).’’; and program under the Head Start Act (42 U.S.C. ‘‘(3) retain and recruit highly qualified in- (2) by adding at the end the following: 9831 et seq.), or in another comparable pre- dividuals into the teaching force through in- ‘‘(i) EARLY EDUCATION TEACHERS.— kindergarten program that serves children centives; ‘‘(1) AUTHORIZATION.—The Secretary shall not less than 60 percent of whom are eligible ‘‘(4) hold institutions of higher education carry out a program, through the holder of to participate in a Head Start or Early Head accountable for preparing teachers, through the loan, of assuming the obligation to repay Start program; and coursework in pedagogy, with effective a qualified loan amount for a loan made ‘‘(B) is not in default on a loan for which methods of teaching as a means of better under section 428 or 428H, in accordance with the borrower seeks cancellation. preparing teachers for the modern day class- paragraph (2), for any new borrower on or ‘‘(2) QUALIFIED LOAN AMOUNT.— room; after October 1, 1998, who— ‘‘(A) IN GENERAL.—The Secretary shall can- ‘‘(5) improve the quality of the current and ‘‘(A) has been employed as a full-time cel not more than $15,000 in the aggregate of future teaching force by improving the prep- teacher for 5 consecutive complete school the loan obligation on a Federal Direct Staf- aration of prospective teachers and enhanc- years in a Head Start or Early Head Start ford Loan or a Federal Direct Unsubsidized ing professional development activities; program under the Head Start Act (42 U.S.C. Stafford Loan that is outstanding after the ‘‘(6) hold institutions of higher education 9831 et seq.), or in another comparable pre- completion of the fifth complete school year accountable for preparing teachers who have kindergarten program that serves children of teaching described in paragraph (1)(A). the necessary teaching skills and are highly not less than 60 percent of whom are eligible ‘‘(B) TREATMENT OF CONSOLIDATION competent in the academic content areas in to participate in a Head Start or Early Head LOANS.—A loan amount for a Federal Direct which the teachers plan to teach, such as Start program; and Consolidation Loan may be a qualified loan mathematics, science, English, reading or ‘‘(B) is not in default on a loan for which amount for the purposes of this paragraph language arts, foreign languages, history, ec- the borrower seeks forgiveness. only to the extent that such loan amount onomics, art, civics, Government, and geog- ‘‘(2) QUALIFIED LOAN AMOUNT.— was used to repay a Federal Direct Stafford raphy, including training in the effective ‘‘(A) IN GENERAL.—The Secretary shall Loan, a Federal Direct Unsubsidized Stafford uses of technology in the classroom; repay not more than $15,000 in the aggregate Loan, or a loan made under section 428 or ‘‘(7) recruit highly qualified individuals, of the loan obligation on a loan made under 428H for a borrower who meets the require- including individuals from other occupa- section 428 or 428H that is outstanding after ments of paragraph (1), as determined in ac- tions, into the teaching force, especially in the completion of the fifth complete school cordance with regulations prescribed by the subject areas of high need (including bilin- year of teaching described in paragraph Secretary.’’. gual education, special education, mathe- (1)(A). SEC. 115. REVISION OF TAX TABLE. matics, science, and early childhood edu- ‘‘(B) TREATMENT OF CONSOLIDATION Section 478(g) of the Higher Education Act cation), geographic areas of high need, and in LOANS.—A loan amount for a loan made geographic areas with teacher vacancy or re- under section 428C may be a qualified loan of 1965 (20 U.S.C. 1087rr(g)) is amended by tention problems; and amount for the purposes of this paragraph adding at the end the following: ‘‘The Sec- ‘‘(8) encourage learning partnerships be- only to the extent that such loan amount retary shall develop such revised table only tween students and parents that lead to im- was used to repay a Federal Direct Stafford after consultation with appropriate commit- proving student academic achievement and Loan, a Federal Direct Unsubsidized Stafford tees of Congress.’’. school performance. Loan, or a loan made under section 428 or SEC. 116. INCOME CONTINGENT REPAYMENT FOR 428H for a borrower who meets the require- PUBLIC SECTOR EMPLOYEES. ‘‘(b) DEFINITIONS.—In this part: ments of paragraph (1), as determined in ac- Section 455(e) of the Higher Education Act ‘‘(1) ARTS AND SCIENCES.—The term ‘arts cordance with regulations prescribed by the of 1965 (20 U.S.C. 1087e(e)) is amended by add- and sciences’ means— Secretary.’’. ing at the end the following: ‘‘(A) when referring to an organizational (b) DIRECT LOANS.—Section 460 of the High- ‘‘(7) REPAYMENT PLAN FOR PUBLIC SECTOR unit of an institution of higher education, er Education Act of 1965 (20 U.S.C. 1087j) is EMPLOYEES.— any academic unit that offers 1 or more aca- amended— ‘‘(A) IN GENERAL.—The Secretary shall for- demic majors in disciplines or content areas (1) in subsection (c), by adding at the end give the balance due on any loan made under corresponding to the academic subject mat- the following: this part for a borrower— ter areas in which teachers provide instruc- ‘‘(3) ADDITIONAL AMOUNTS FOR HIGHLY ‘‘(i) who has made 120 payments on such tion; and QUALIFIED TEACHERS IN MATHEMATICS, loan pursuant to income contingent repay- ‘‘(B) when referring to a specific academic SCIENCE, SPECIAL EDUCATION, OR BILINGUAL ment; and subject matter area, the disciplines or con- EDUCATION.—Notwithstanding the amount ‘‘(ii) who is employed, and was employed tent areas in which academic majors are of- specified in paragraph (1) and the require- for the 10-year period in which the borrower fered by the arts and science organizational ments of subsection (b)(1)(A), the Secretary made the 120 payments described in clause unit. shall cancel not more than $15,000 in the ag- (i), in a public sector job. ‘‘(2) HIGH NEED LOCAL EDUCATIONAL AGEN- gregate of the loan obligation on a Federal ‘‘(B) PUBLIC SECTOR JOB.—In this para- CY.—The term ‘high need local educational Direct Stafford Loan or a Federal Direct Un- graph, the term ‘public sector job’ means a agency’ means a local educational agency in subsidized Stafford Loan that is outstanding full-time job in emergency management, which— after the completion of the fifth complete government, public safety, law enforcement, ‘‘(A)(i) 30 percent of the students served by school year of teaching described in subpara- public health, education (including early the agency are from families with incomes graphs (A) and (B) in the case of a teacher— childhood education), or public interest legal below the poverty line; or ‘‘(A) who has been employed as a full-time services (including prosecution or public de- ‘‘(ii) there are more than 20,000 students teacher for 5 consecutive complete school fense). served by the agency from families with in- years in a school that qualifies under section ‘‘(8) RETURN TO STANDARD REPAYMENT.—A comes below the poverty line; and 465(a)(2)(A) for loan cancellation for Perkins borrower who is repaying a loan made under ‘‘(B)(i) there is a high percentage of teach- loan recipients who teach in such schools, this part pursuant to income contingent re- ers who are not highly qualified; or except that the enrollment of children payment may choose, at any time, to termi- ‘‘(ii) there is a high teacher turnover rate. counted under section 1124(c) of the Elemen- nate repayment pursuant to income contin- ‘‘(3) HIGH NEED SCHOOL.—The term ‘high tary and Secondary Education Act of 1965 ex- gent repayment and repay such loan under need school’ means an elementary school or ceeds 40 percent of the total enrollment of the standard repayment plan.’’. secondary school— such school; TITLE II—TEACHER QUALITY ‘‘(A) in which there is a high concentration ‘‘(B) whose qualifying employment is ENHANCEMENT of students from families with incomes teaching mathematics, science, special edu- SEC. 201. AMENDMENT TO TITLE II. below the poverty line; or cation, or bilingual education; and Title II of the Higher Education Act of 1965 ‘‘(B) that is identified as in need of school ‘‘(C) who is highly qualified (as defined in (20 U.S.C. 1021 et seq.) is amended to read as improvement or corrective action pursuant section 9101 of the Elementary and Sec- follows: to section 1116 of the Elementary and Sec- ondary Education Act of 1965).’’; and ondary Education Act of 1965 (20 U.S.C. 6316). ‘‘TITLE II—TEACHER QUALITY (2) by adding at the end the following: ‘‘(4) HIGHLY QUALIFIED.—The term ‘highly ENHANCEMENT ‘‘(i) EARLY EDUCATION TEACHERS.— qualified’ has the meaning given the term in ‘‘(1) AUTHORIZATION.—The Secretary shall ‘‘PART A—TEACHER QUALITY ENHANCE- section 9101 of the Elementary and Sec- carry out a program of canceling the obliga- MENT GRANTS FOR STATES AND PART- ondary Education Act of 1965. tion to repay a qualified loan amount in ac- NERSHIPS ‘‘(5) MENTORING.—The term ‘mentoring’ cordance with paragraph (2) for Federal Di- ‘‘SEC. 201. PURPOSES; DEFINITIONS. has the meaning given the term in section rect Stafford Loans and Federal Direct Un- ‘‘(a) PURPOSES.—The purposes of this part 9101 of the Elementary and Secondary Edu- subsidized Stafford Loans made under this are to— cation Act of 1965.

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‘‘(6) PARENT.—The term ‘parent’ has the State board of education, or State agency for special education, mathematics, science, and meaning given the term in section 9101 of the higher education, as appropriate, with re- early childhood education), including devel- Elementary and Secondary Education Act of spect to the activities assisted under this opment of a State test. 1965. section. ‘‘(3) ALTERNATIVE ROUTES TO CERTIFICATION ‘‘(7) PARENTAL INVOLVEMENT.—The term ‘‘(3) CONSTRUCTION.—Nothing in this sub- FOR TEACHING.—Providing prospective teach- ‘parental involvement’ has the meaning section shall be construed to negate or su- ers with alternative routes to traditional given the term in section 9101 of the Elemen- persede the legal authority under State law preparation for teaching through programs tary and Secondary Education Act of 1965. of any State agency, State entity, or State at colleges of arts and sciences or at non- ‘‘(8) POVERTY LINE.—The term ‘poverty public official over programs that are under profit educational organizations that have a line’ means the poverty line (as defined by the jurisdiction of the agency, entity, or offi- proven record of effectiveness and include in- the Office of Management and Budget, and cial. struction in teaching skills. Strengthening revised annually in accordance with section ‘‘(c) APPLICATION.—To be eligible to receive or developing alternative routes to State 673(2) of the Community Services Block a grant under this section, an eligible State certification of teachers programs that in- Grant Act (42 U.S.C. 9902(2))) applicable to a shall, at the time of the initial grant appli- cludes, at a minimum— family of the size involved. cation, submit an application to the Sec- ‘‘(A) a selective means for admitting indi- ‘‘(9) PROFESSIONAL DEVELOPMENT.—The retary that— viduals into such programs that includes term ‘professional development’ has the ‘‘(1) meets the requirement of this section; passage of State teacher exams in appro- meaning given the term in section 9101 of the ‘‘(2) includes a description of how the eligi- priate subject areas; Elementary and Secondary Education Act of ble State intends to use funds provided under ‘‘(B) pedagogical course work, including 1965. this section; and formal instruction that addresses the theo- ‘‘(10) TEACHING SKILLS.—The term ‘teach- ‘‘(3) contains such other information and ries and practices of teaching and moni- ing skills’ means skills— assurances as the Secretary may require. toring student performance; and ‘‘(A) grounded in the disciplines of teach- ‘‘(d) REQUIRED USES OF FUNDS.—A State ‘‘(C) support services, including mentoring ing and learning that teachers use to create that receives a grant under this section shall for the individuals participating in the alter- effective instruction in subject matter con- use the grant funds to carry out the fol- native State certification of teachers pro- tent and that lead to student achievement lowing activities: grams that focuses on— and the ability to apply knowledge; and ‘‘(1) RIGOROUS TEACHER CERTIFICATION OR ‘‘(i) helping the individuals develop effec- ‘‘(B) that require an understanding of the LICENSURE PROGRAMS.—Ensuring that the tive teaching skills and strategies; learning process itself, including an under- State’s teacher certification or licensure ‘‘(ii) professional development; and standing of— program is rigorous and has high standards. ‘‘(iii) the disciplines of teaching and learn- ‘‘(i) the use of strategies specific to the ‘‘(2) TEACHER RECRUITMENT.— ing to ensure that prospective teachers have subject matter; ‘‘(A) IN GENERAL.—Awarding scholarships an understanding of research-based learning ‘‘(ii) the application of on-going assess- to help students pay the costs of tuition, practices and possess skills related to the ment of student learning; room, board, and other expenses of com- learning process. ‘‘(iii) individual differences in ability and pleting a teacher preparation program. ‘‘(4) TEACHER SUPPORT.—Carrying out pro- instructional needs; and ‘‘(B) SUPPORT SERVICES.—Providing sup- grams that include support during the initial ‘‘(iv) effective classroom management. port services, if needed, to enable scholar- teaching experience. ‘‘SEC. 202. PROGRAM AUTHORITY. ship recipients to complete postsecondary ‘‘(5) RECRUITING AND HIRING TEACHERS.— ‘‘(a) COMPETITIVE GRANT PROGRAM.—If the education programs. ‘‘(A) EFFECTIVE MECHANISMS.—Developing amount appropriated to carry out this part ‘‘(C) ASSISTANCE TO BECOME HIGHLY QUALI- and implementing effective mechanisms to for a fiscal year is less than $270,000,000, then FIED TEACHERS.—Providing teachers who are ensure that local educational agencies and the Secretary shall use— not highly qualified with the opportunity to schools are able to effectively recruit highly ‘‘(1) 25 percent of such funds to carry out take coursework or credentialing courses in qualified teachers. the competitive State grant program under order to become highly qualified teachers. ‘‘(B) PROGRAMS.—Establishing programs section 203; and ‘‘(D) FOLLOWUP SERVICES.—Providing fol- that— ‘‘(2) 75 percent of such funds to carry out lowup services to former scholarship recipi- ‘‘(i) train and hire regular, special edu- the competitive partnership grant program ents during the recipients first 3 years of cation, and bilingual education teachers under section 204. teaching. (which may include hiring special education ‘‘(b) FORMULA GRANT PROGRAM.— ‘‘(E) SERVICE REQUIREMENT.—The Secretary teachers to team-teach in classrooms that ‘‘(1) IN GENERAL.— shall establish such requirements as the Sec- contain both children with disabilities and ‘‘(A) AUTHORIZATION OF GRANTS.—If the retary finds necessary to ensure that recipi- nondisabled children); amount appropriated to carry out this part ents of scholarships under this paragraph ‘‘(ii) train and hire highly qualified teach- for a fiscal year is equal to or exceeds who complete teacher education programs ers of special needs children and limited $270,000,000, then the Secretary shall use such subsequently teach in a high need local edu- English proficient students, as well as teach- funds to award a grant to each State from al- cational agency, for a period of time equiva- ing specialists in core academic subjects who lotments under subparagraph (B). lent to the period for which the recipients re- will provide individualized instruction to ‘‘(B) ALLOTMENTS.—The Secretary shall ceive scholarship assistance, or repay the students; make an allotment to each State in an amount of the scholarship. The Secretary ‘‘(iii) recruit qualified professionals from amount that bears the same relation to the shall use any such repayments to carry out other fields, including highly qualified para- funds as the amount the State received additional activities under this section. professionals (as defined in section 2102 of under part A of title I of the Elementary and ‘‘(e) ALLOWABLE USES OF FUNDS.—A State the Elementary and Secondary Education Secondary Education Act of 1965 for the pre- that receives a grant under this section may Act of 1965), and provide such professionals ceding fiscal year bears to the amount re- use such funds to carry out any of the fol- with alternative routes to teacher certifi- ceived by all States under such part for the lowing activities: cation, including developing and imple- preceding fiscal year. ‘‘(1) REFORMS.—Implementing reforms that menting hiring policies that ensure com- ‘‘(2) STATE USE OF FUNDS.—A State that re- hold institutions of higher education with prehensive recruitment efforts as a way to ceives an allotment under paragraph (1) shall teacher preparation programs accountable expand the applicant pool, such as through expend— for preparing teachers who are highly com- identifying teachers certified through alter- ‘‘(A) 25 percent of such funds to carry out petent in the academic content areas in native routes, and using a system of inten- State level activities under subsections (d) which the teachers plan to teach, and possess sive screening designed to hire the most and (e) of section 203; and strong teaching skills, which may include qualified applicants; and ‘‘(B) 75 percent of such funds to carry out the use of rigorous subject matter com- ‘‘(iv) provide increased opportunities for the competitive partnership grant program petency tests and the requirement that a minorities, individuals with disabilities, and under section 204. teacher have an academic major in the sub- other individuals underrepresented in the ‘‘SEC. 203. STATE GRANTS. ject area, or related discipline, in which the teaching profession. ‘‘(a) IN GENERAL.—From amounts made teacher plans to teach, and instruction for ‘‘(C) REDUCTION IN CLASS SIZE.—Recruiting available under section 210 for a fiscal year, such teachers on how to involve parents in and hiring highly qualified teachers to re- the Secretary is authorized to award grants their children’s education. duce class size, particularly in the early under this section, on a competitive basis, to ‘‘(2) CERTIFICATION OR LICENSURE REQUIRE- grades. eligible States to enable the eligible States MENTS.—Reforming teacher certification or ‘‘(6) SOCIAL PROMOTION.—Development and to carry out the activities described in sub- licensure requirements to ensure that teach- implementation of efforts to address the sections (d) and (e). ers have the necessary teaching skills and problem of social promotion and to prepare ‘‘(b) ELIGIBLE STATE.— academic content knowledge in the subject teachers to effectively address the issues ‘‘(1) DEFINITION.—In this part, the term ‘el- areas in which teachers are assigned to raised by ending the practice of social pro- igible State’ means a State educational teach. States are encouraged to use funds to motion. agency. develop or enhance existing licensure and ‘‘(7) SPECIAL CERTIFICATION FOR PROSPEC- ‘‘(2) CONSULTATION.—The State educational certification requirements for subject areas TIVE AP TEACHERS.—Developing and imple- agency shall consult with the Governor, of high need (including bilingual education, menting teacher preparation programs that

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provide special certification in advanced submit an application to the Secretary or ‘‘(5) TEACHER PREPARATION AND PARENTAL placement (AP)-level or international bacca- State, as appropriate, at such time, in such INVOLVEMENT.—Preparing teachers with the laureate (IB)-level content and pedagogy, in- manner, and accompanied by such informa- knowledge and skills to enable such teachers cluding undergraduate specializations in in- tion as the Secretary or State, as appro- to— depth study of subject-specific content and priate, may require. Each such application ‘‘(A) provide instruction to diverse student practical pedagogical experience through shall— populations, including individuals with dis- student teaching, and master degree level ‘‘(1) contain a needs assessment of all the abilities and limited English proficient indi- programs that lead to a master’s degree in partners with respect to teaching and learn- viduals; and AP-level or IB-level content. ing and a description of how the partnership ‘‘(B) work with and involve parents in ‘‘(8) FINANCIAL INCENTIVES.—Providing fi- will coordinate with other teacher training their children’s education and in the teacher nancial incentives for teachers to teach in or professional development programs, and preparation program reform process. high need schools in which there exists a how the activities of the partnership will be ‘‘(6) TEACHER PREPARATION ENHANCEMENT shortage of highly qualified teachers. consistent with State, local, and other edu- INTERNSHIP.—Developing a 1-year paid in- ‘‘SEC. 204. PARTNERSHIP GRANTS. cation reform activities that promote stu- ternship program for students who have ‘‘(a) GRANTS.—The Secretary or State, as dent achievement and parent involvement; completed a 4-year teacher education pro- appropriate, shall use funds made available ‘‘(2) contain a resource assessment that de- gram to enable such students to develop the under section 202 to award grants under this scribes the resources available to the part- skills and experience necessary for success in section, on a competitive basis, to eligible nership, the intended use of the grant funds, teaching, including providing intensive clin- partnerships to enable the eligible partner- including a description of how the grant ical training and combining in-service in- ships to carry out the activities described in funds will be fairly distributed in accordance struction in teacher methods and assess- subsections (d) and (e). with subsection (f), and the commitment of ments with classroom observations, experi- ‘‘(b) DEFINITIONS.— the resources of the partnership to the ac- ences, and practices. Such interns would ‘‘(1) ELIGIBLE PARTNERSHIPS.—In this part, tivities assisted under this part, including fi- have a reduced teaching load and a mentor the term ‘eligible partnerships’ means an en- nancial support, faculty participation, time for assistance in the classroom. tity that— commitments, and continuation of the ac- ‘‘(e) ALLOWABLE USES OF FUNDS.—An eligi- ‘‘(A) shall include— tivities when the grant ends; and ble partnership that receives a grant under ‘‘(i) a partner institution; ‘‘(3) contain a description of— this section may use such funds to carry out ‘‘(ii) a school of arts and sciences; and ‘‘(A) how the partnership will meet the any of the following activities: ‘‘(iii) a high need local educational agency; purposes of this part; ‘‘(1) DISSEMINATION AND COORDINATION.— and ‘‘(B) how the partnership will carry out the Broadly disseminating information on effec- ‘‘(B) may include a Governor, State edu- activities required under subsection (d) and tive practices used by the partnership, and cational agency, the State board of edu- any permissible activities under subsection coordinating with the activities of the Gov- cation, the State agency for higher edu- (e); and ernor, State board of education, State higher cation, an institution of higher education ‘‘(C) the partnership’s evaluation plan pur- education agency, and State educational not described in subparagraph (A), a commu- suant to section 206(b). agency, as appropriate. nity college, a public charter school, a public ‘‘(d) REQUIRED USES OF FUNDS.—An eligible ‘‘(2) MANAGERIAL AND LEADERSHIP SKILLS.— or private elementary school or secondary partnership that receives a grant under this Developing and implementing proven mecha- school, a public or private nonprofit edu- section shall use the grant funds to carry out nisms to provide principals and superintend- cational organization, a business, a teacher the following activities: ents with effective managerial and leader- organization, or a prekindergarten program. ‘‘(1) REFORMS.—Implementing reforms ship skills that result in increased student ‘‘(2) PARTNER INSTITUTION.—In this section, within teacher preparation programs to hold achievement. the term ‘partner institution’ means a pri- the programs accountable for preparing ‘‘(3) SCHOLARSHIPS.— vate independent or State-supported public teachers who are highly competent in the ‘‘(A) IN GENERAL.—Awarding scholarships institution of higher education, the teacher academic content areas in which the teach- to help students pay the costs of tuition, training program of which demonstrates ers plan to teach, and for promoting strong room, board, and other expenses of com- that— teaching skills, including working with a pleting a teacher preparation program. ‘‘(A) graduates from the teacher training school of arts and sciences and integrating ‘‘(B) SUPPORT SERVICES.—Providing sup- program exhibit strong performance on reliable research-based teaching methods port services, if needed, to enable scholar- State-determined qualifying assessments for into the curriculum, which curriculum shall ship recipients to complete postsecondary new teachers through— include programs designed to successfully in- education programs. ‘‘(i) demonstrating that 80 percent or more tegrate technology into teaching and learn- ‘‘(C) ASSISTANCE TO BECOME HIGHLY QUALI- of the graduates of the program who intend ing. FIED TEACHERS.—Providing teachers who are to enter the field of teaching have passed all ‘‘(2) CLINICAL EXPERIENCE AND INTER- not highly qualified with the opportunity to of the applicable State qualification assess- ACTION.—Providing sustained and high-qual- take coursework or credentialing courses in ments for new teachers, which shall include ity preservice clinical experience including order to become highly qualified teachers. an assessment of each prospective teacher’s the mentoring of prospective teachers by ‘‘(D) FOLLOWUP SERVICES.—Providing fol- subject matter knowledge in the content veteran teachers, and substantially increas- lowup services to former scholarship recipi- area or areas in which the teacher intends to ing interaction between faculty at institu- ents during the recipients’ first 3 years of teach; or tions of higher education and new and expe- teaching. ‘‘(ii) being ranked among the highest-per- rienced teachers, principals, and other ad- ‘‘(E) SERVICE REQUIREMENT.—The Secretary forming teacher preparation programs in the ministrators at elementary schools or sec- or State, as appropriate, shall establish such State as determined by the State— ondary schools, and providing support, in- requirements as the Secretary or State, as ‘‘(I) using criteria consistent with the re- cluding preparation time, for such inter- appropriate, finds necessary to ensure that quirements for the State report card under action. recipients of scholarships under this para- section 207(b); and ‘‘(3) PROFESSIONAL DEVELOPMENT.—Cre- graph who complete teacher education pro- ‘‘(II) using the State report card on teacher ating opportunities for enhanced and ongo- grams subsequently teach in a high need preparation required under section 207(b), ing professional development that improves local educational agency, for a period of after the first publication of such report card the academic content knowledge of teachers time equivalent to the period for which the and for every year thereafter; or in the subject areas in which the teachers recipients receive scholarship assistance, or ‘‘(B) the teacher training program requires are certified to teach or in which the teach- repay the amount of the scholarship. The all the students of the program to partici- ers are working toward certification to Secretary or State, as appropriate, shall use pate in intensive clinical experience, to meet teach, and that promotes strong teaching any such repayments to carry out additional high academic standards, and— skills. activities under this section. ‘‘(i) in the case of secondary school can- ‘‘(4) ENSURING ADEQUATE PREPARATION TO ‘‘(4) FINANCIAL INCENTIVES.—Providing fi- didates, to successfully complete an aca- MEET HIGH STANDARDS.—Developing and im- nancial incentives for teachers to teach in demic major in the subject area in which the plementing accountability measures for high need schools in which there exists a candidate intends to teach or to demonstrate preservice— shortage of highly qualified teachers. competence through a high level of perform- ‘‘(A) training in reading; ‘‘(5) RECRUITING AND HIRING TEACHERS.— ance in relevant content areas; and ‘‘(B) training in addressing the needs of ‘‘(A) IN GENERAL.—Establishing programs ‘‘(ii) in the case of elementary school can- children with disabilities and limited that— didates, to successfully complete an aca- English proficient individuals; ‘‘(i) train and hire regular and special edu- demic major in the arts and sciences or to ‘‘(C) training in data analysis and how to cation teachers (which may include hiring demonstrate competence through a high use student achievement data to improve in- special education teachers to team-teach in level of performance in core academic sub- struction; and classrooms that contain both children with ject areas. ‘‘(D) optional training in teaching ad- disabilities and nondisabled children); ‘‘(c) APPLICATION.—Each eligible partner- vanced placement or international bacca- ‘‘(ii) train and hire highly qualified teach- ship desiring a grant under this section shall laureate courses. ers of special needs children, as well as

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teaching specialists in core academic sub- a peer review panel for evaluation. With re- ‘‘(2) RAISING STANDARDS.—Raising the jects who will provide increased individual- spect to each application, the peer review State academic standards required to enter ized instruction to students; panel shall initially recommend the applica- the teaching profession, including, where ap- ‘‘(iii) recruit qualified professionals from tion for funding or for disapproval. propriate, through the use of incentives to other fields, including highly qualified para- ‘‘(2) PRIORITY.—In recommending applica- incorporate the requirement of an academic professionals (as defined in section 2102 of tions to the Secretary for funding under this major in the subject, or related discipline, in the Elementary and Secondary Education part, the panel shall— which the teacher plans to teach. Act of 1965), and provide such professionals ‘‘(A) with respect to grants under section ‘‘(3) INITIAL CERTIFICATION OR LICENSURE.— with alternative routes to teacher certifi- 203, give priority to eligible States serving Increasing success in the pass rate for initial cation, including developing and imple- States that— State teacher certification or licensure, and menting hiring policies that ensure com- ‘‘(i) have initiatives to reform State teach- increasing the numbers of highly qualified prehensive recruitment efforts as a way to er certification requirements that are de- individuals being certified or licensed as expand the applicant pool, such as through signed to ensure that current and future teachers, including through alternative identifying teachers certified through alter- teachers possess the necessary teaching routes. native routes, and using a system of inten- skills and academic content knowledge in ‘‘(4) HIGHLY QUALIFIED TEACHERS.—Ensur- sive screening designed to hire the most the subject areas in which the teachers are ing that all teachers teaching in core aca- qualified applicants; and certified or licensed to teach; demic subjects within the State are highly ‘‘(iv) provide increased opportunities for ‘‘(ii) include innovative reforms to hold in- qualified not later than the end of the 2005– minorities, individuals with disabilities, and stitutions of higher education with teacher 2006 school year pursuant to section other individuals underrepresented in the preparation programs accountable for pre- 1119(a)(2) of the Elementary and Secondary teaching profession. paring teachers who are highly competent in Education Act of 1965 (20 U.S.C. 6319(a)(2)). ‘‘(B) REDUCTION IN CLASS SIZE.—Recruiting the academic content area in which the ‘‘(5) DECREASING TEACHER SHORTAGES.—De- and hiring highly qualified teachers to re- teachers plan to teach and have strong creasing shortages of qualified teachers in duce class size, particularly in the early teaching skills; or poor urban and rural areas. grades. ‘‘(iii) involve the development of innova- ‘‘(6) INCREASING OPPORTUNITIES FOR PROFES- ‘‘(6) FACULTY OPPORTUNITY PROGRAMS.— tive efforts aimed at reducing the shortage SIONAL DEVELOPMENT.—Increasing opportuni- Awarding competitive grants to institutions of highly qualified teachers in high poverty ties for enhanced and ongoing professional of higher education to enable such institu- urban and rural areas, and in subject areas of development that improves the academic tions to fill education faculty vacancies in high need (including bilingual education, content knowledge of teachers in the subject special education, early childhood education, special education, mathematics, science, areas in which the teachers are certified or and bilingual education, to create new fac- early childhood education, and vocational licensed to teach or in which the teachers ulty positions that are targeted toward education); and are working toward certification or licensure training highly qualified special education, ‘‘(B) with respect to grants under section to teach, and that promotes strong teaching early childhood education, and bilingual edu- 204— skills. cation teachers, and to develop doctoral pro- ‘‘(i) give priority to applications from eli- ‘‘(7) TECHNOLOGY INTEGRATION.—Increasing grams in special education, early childhood gible partnerships that involve businesses; the number of teachers prepared to integrate education, and bilingual education that will and technology in the classroom. produce new faculty at institutions of higher ‘‘(ii) take into consideration— ‘‘(b) ELIGIBLE PARTNERSHIP EVALUATION.— education in such subject areas. Funds from ‘‘(I) providing an equitable geographic dis- Each eligible partnership receiving a grant such grants may be used to develop and tribution of the grants throughout the under section 204 shall establish and include carry out recruitment strategies, subsidize United States; and in the application submitted under section moving expenses, provide bonuses, provide ‘‘(II) the potential of the proposed activi- 204(c), an evaluation plan that includes fully subsidized salaries for not more than 2 ties for creating improvement and positive strong performance objectives. The plan years per new faculty member, and provide change. shall include objectives and measures for— partially subsidized salaries for not more ‘‘(3) SECRETARIAL SELECTION.—The Sec- ‘‘(1) increased student achievement for all than an additional 3 years per new faculty retary shall determine, based on the peer re- students as measured by the partnership; member. If an institution of higher edu- view process, which application shall receive ‘‘(2) increased teacher retention in the first cation receives a grant under this paragraph funding and the amounts of the grants. In de- 3 years of a teacher’s career; and uses the grant funds to provide faculty termining grant amounts, the Secretary ‘‘(3) increased success in the pass rate for salaries, such institution shall continue to shall take into account the total amount of initial State certification or licensure of fully fund such faculty positions for not less funds available for all grants under this part teachers; than 5 years after the end of Federal funding and the types of activities proposed to be ‘‘(4) increased percentage of secondary under the grant. carried out. school classes in core academic subject areas ‘‘(f ) SPECIAL RULE.—No individual member ‘‘(c) MATCHING REQUIREMENTS.— taught by highly qualified teachers; of an eligible partnership shall retain more ‘‘(1) STATE GRANTS.—Each eligible State re- ‘‘(5) increasing the number of teachers than 50 percent of the funds made available ceiving a grant under section 203 shall pro- trained in technology; and to the partnership under this section. vide, from non-Federal sources, an amount ‘‘(6) increasing the number of teachers pre- ‘‘(g) CONSTRUCTION.—Nothing in this sec- equal to 50 percent of the amount of the tion shall be construed to prohibit an eligi- pared to work effectively with parents. ble partnership from using grant funds to co- grant (in cash or in kind) to carry out the ac- ‘‘(c) REVOCATION OF GRANT.— ordinate with the activities of more than 1 tivities supported by the grant. ‘‘(1) REPORT.—Each eligible State or eligi- Governor, State board of education, State ‘‘(2) PARTNERSHIP GRANTS.—Each eligible ble partnership receiving a grant under this educational agency, local educational agen- partnership receiving a grant under section part shall report annually on the progress of cy, or State agency for higher education. 204 shall provide, from non-Federal sources the eligible State or eligible partnership to- ‘‘SEC. 205. ADMINISTRATIVE PROVISIONS. (in cash or in kind), an amount equal to 25 ward meeting the purposes of this part and percent of the grant for the first year of the ‘‘(a) DURATION; INCREASED ACCOUNTABILITY; the goals, objectives, and measures described PAYMENTS.— grant, 35 percent of the grant for the second in subsections (a) and (b). ‘‘(1) DURATION.— year of the grant, and 50 percent of the grant ‘‘(2) REVOCATION.— ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- for each succeeding year of the grant. ‘‘(A) ELIGIBLE STATES AND ELIGIBLE APPLI- CANTS.—Grants awarded to eligible States ‘‘(d) LIMITATION ON ADMINISTRATIVE EX- CANTS.—If the Secretary determines that an and eligible applicants under this part shall PENSES.—An eligible State or eligible part- eligible State or eligible applicant is not be awarded for a period not to exceed 3 years. nership that receives a grant under this part making substantial progress in meeting the ‘‘(B) ELIGIBLE PARTNERSHIPS.—Grants may not use more than 2 percent of the grant purposes, goals, objectives, and measures, as awarded to eligible partnerships under this funds for purposes of administering the appropriate, by the end of the second year of part shall be awarded for a period of 5 years. grant. a grant under this part, then the grant pay- ‘‘(2) INCREASED ACCOUNTABILITY.—An eligi- ‘‘SEC. 206. ACCOUNTABILITY AND EVALUATION. ment shall not be made for the third year of ble State, eligible applicant, or eligible part- ‘‘(a) STATE GRANT ACCOUNTABILITY RE- the grant. nership that receives more than 1 grant PORT.—An eligible State that receives a ‘‘(B) ELIGIBLE PARTNERSHIPS.—If the Sec- under this part has an increased account- grant under section 203 shall submit an an- retary determines that an eligible partner- ability to disseminate information gained nual accountability report to the Secretary. ship is not making substantial progress in from such grants to States and local edu- Such report shall include a description of the meeting the purposes, goals, objectives, and cational agencies. degree to which the eligible State, in using measures, as appropriate, by the end of the ‘‘(3) PAYMENTS.—The Secretary shall make funds provided under such section, has made third year of a grant under this part, then annual payments of grant funds awarded substantial progress in meeting the fol- the grant payments shall not be made for under this part. lowing goals: any succeeding year of the grant. ‘‘(b) PEER REVIEW.— ‘‘(1) STUDENT ACHIEVEMENT.—Increasing ‘‘(d) EVALUATION AND DISSEMINATION.—The ‘‘(1) PANEL.—The Secretary shall provide student achievement for all students as de- Secretary shall evaluate the activities fund- the applications submitted under this part to fined by the eligible State. ed under this part and report the Secretary’s

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.086 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13395 findings regarding the activities to the Com- ‘‘(1) A description of the teacher certifi- widely available, a report card on teacher mittee on Health, Education, Labor, and cation and licensure assessments, and any qualifications and preparation in the United Pensions of the Senate and the Committee other certification and licensure require- States, including all the information re- on Education and the Workforce of the ments, used by the State. ported in paragraphs (1) through (9) of sub- House of Representatives. The Secretary ‘‘(2) The standards and criteria that pro- section (b). Such report shall identify States shall broadly disseminate successful prac- spective teachers must meet in order to at- for which eligible States and eligible part- tices developed by eligible States and eligi- tain initial teacher certification or licensure nerships received a grant under this part. ble partnerships under this part, and shall and to be certified or licensed to teach par- Such report shall be so provided, published broadly disseminate information regarding ticular subjects or in particular grades with- and made available not later than 2 years 6 such practices that were found to be ineffec- in the State. months after the date of enactment of the tive. ‘‘(3) A description of the extent to which Higher Education Amendments of 1998 and ‘‘SEC. 207. ACCOUNTABILITY FOR PROGRAMS the assessments and requirements described annually thereafter. THAT PREPARE TEACHERS. in paragraph (1) are aligned with the State’s ‘‘(2) REPORT TO CONGRESS.—The Secretary standards and assessments for students. shall report to Congress— ‘‘(a) DEVELOPMENT OF DEFINITIONS AND RE- ‘‘(4) The percentage of teaching candidates ‘‘(A) a comparison of States’ efforts to im- PORTING METHODS; HIGH-QUALITY TEACHER who passed each of the assessments used by prove teaching quality; and PREPARATION PROGRAM.— the State for teacher certification and licen- ‘‘(B) regarding the national mean and me- ‘‘(1) IN GENERAL.—Within 9 months of the date of enactment of the Higher Education sure, and the passing score on each assess- dian scores on any standardized test that is Amendments of 1998, the Commissioner of ment that determines whether a candidate used in more than 1 State for teacher certifi- has passed that assessment. cation or licensure. the National Center for Education Statistics, ‘‘(5) The percentage of teaching candidates ‘‘(3) SPECIAL RULE.—In the case of teacher in consultation with States and institutions who passed each of the assessments used by preparation programs with fewer than 10 of higher education, shall develop key defini- the State for teacher certification and licen- graduates taking any single initial teacher tions for terms, and uniform reporting meth- sure, disaggregated and ranked, by the certification or licensure assessment during ods (including the key definitions for the teacher preparation program in that State an academic year, the Secretary shall collect consistent reporting of pass rates and pro- from which the teacher candidate received and publish information with respect to an gram completers), related to the perform- the candidate’s most recent degree, which average pass rate on State certification or li- ance of elementary school and secondary shall be made available widely and publicly. censure assessments taken over a 3-year pe- school teacher preparation programs. ‘‘(6) Information on the extent to which riod. ‘‘(2) HIGH-QUALITY TEACHER PREPARATION teachers in the State are given waivers of ‘‘(4) DATABASE.—The Secretary shall col- PROGRAM.—Each applicant for a grant under State certification or licensure require- lect data and develop a national and public this part shall provide assurances in such ap- ments, including the proportion of such database that provides reports on States’ plicant’s application that the applicant will teachers distributed across high- and low- passage rates on certification and licensure meet the following criteria: poverty school districts and across subject assessments, the placement rates for teacher ‘‘(A) Provide each teacher with each of the areas. preparation programs, the percentage of full- following skills and supports: ‘‘(7) A description of each State’s alter- time faculty in institutions of higher edu- ‘‘(i) A deep knowledge of the subjects such native routes to teacher certification, if any, cation in each State who teach classes of- teacher teaches. and the percentage of teachers certified fered by a school of education, the tracking ‘‘(ii) A firm understanding of how students through alternative certification routes who of graduates 3 years after graduating from a learn. pass State teacher certification or licensure teacher preparation program, and other rel- ‘‘(iii) Teaching skills necessary to help all assessments. evant information, as appropriate. students achieve high standards, including ‘‘(8) For each State, a description of pro- ‘‘(e) COORDINATION.—The Secretary, to the children with disabilities and limited posed criteria for assessing the performance extent practicable, shall coordinate the in- English proficient students. of teacher preparation programs within in- formation collected and published under this ‘‘(iv) How to create a positive learning en- stitutions of higher education in the State, part among States for individuals who took vironment. including indicators of teacher candidate State teacher certification or licensure as- ‘‘(v) The ability to integrate challenging knowledge and skills. sessments in a State other than the State in State academic content standards and chal- ‘‘(9) Information on the extent to which which the individual received the individ- lenging student academic achievement teachers or prospective teachers in each ual’s most recent degree. standards, and accountability into classroom State are required to take examinations or ‘‘(f ) INSTITUTIONAL REPORT CARDS ON THE teaching. other assessments of their subject matter QUALITY OF TEACHER PREPARATION.— ‘‘(vi) The ability to use a variety of assess- knowledge in the area or areas in which the ‘‘(1) REPORT CARD.—Each institution of ment strategies to diagnose and respond to teachers provide instruction, the standards higher education that conducts a teacher individual learning needs. established for passing any such assess- preparation program that enrolls students ‘‘(vii) The ability to integrate modern ments, and the extent to which teachers or receiving Federal assistance under this Act, technology into curricula to support student prospective teachers are required to receive not later than 18 months after the date of en- learning. a passing score on such assessments in order actment of the Higher Education Amend- ‘‘(viii) Classroom management skills. to teach in specific subject areas or grade ments of 1998 and annually thereafter, shall ‘‘(ix) Opportunities to collaborate with the levels. report to the State and the general public, in teacher’s colleagues, with parents, commu- ‘‘(c) INITIAL REPORT.— a uniform and comprehensible manner that nity members, and other educators. ‘‘(1) IN GENERAL.—Each State that receives conforms with the definitions and methods ‘‘(x) The ability to work in partnership funds under this Act, not later than 6 established under subsection (a), the fol- with parents and involve parents in their months after the date of enactment of the lowing information: children’s education. College Quality, Affordability, and Diversity ‘‘(A) PASS RATE.—(i) For the most recent ‘‘(xi) How to reflect on practices in order Improvement Act of 2003 and in a uniform year for which the information is available, to improve teaching and student learning. and comprehensible manner, shall submit to the pass rate of the institution’s graduates ‘‘(B) Ensure that each preservice teacher the Secretary the information described in on the teacher certification or licensure as- has the necessary skills to succeed in the paragraphs (1), (5), and (6) of subsection (b). sessments of the State in which the institu- classroom, including providing— Such information shall be compiled by the tion is located, but only for those students ‘‘(i) some training in reading, addressing Secretary and submitted to the Committee who took those assessments within 3 years of the needs of children with disabilities and on Health, Education, Labor, and Pensions of completing the program. limited English proficient students, data the Senate and the Committee on Education ‘‘(ii) A comparison of the program’s pass analysis, and how to use student achieve- and the Workforce of the House of Rep- rate with the average pass rate for programs ment data to improve instruction; and resentatives not later than 9 months after in the State. ‘‘(ii) optional training in teaching ad- the date of enactment of the College Quality, ‘‘(iii) In the case of teacher preparation vanced placement courses. Affordability, and Diversity Improvement programs with fewer than 10 graduates tak- ‘‘(b) STATE REPORT CARD ON THE QUALITY Act of 2003. ing any single initial teacher certification or OF TEACHER PREPARATION.—Each State that ‘‘(2) CONSTRUCTION.—Nothing in this sub- licensure assessment during an academic receives funds under this Act shall provide to section shall be construed to require a State year, the institution shall collect and pub- the Secretary, within 2 years of the date of to gather information that is not in the pos- lish information with respect to an average enactment of the Higher Education Amend- session of the State or the teacher prepara- pass rate on State certification or licensure ments of 1998, and annually thereafter, in a tion programs in the State, or readily avail- assessments taken over a 3-year period. uniform and comprehensible manner that able to the State or teacher preparation pro- ‘‘(B) PROGRAM INFORMATION.—The number conforms with the definitions and methods grams. of students in the program, the average num- established in subsection (a), a State report ‘‘(d) REPORT OF THE SECRETARY ON THE ber of hours of supervised practice teaching card on the quality of teacher preparation in QUALITY OF TEACHER PREPARATION.— required for those in the program, and the the State, which shall include at least the ‘‘(1) REPORT CARD.—The Secretary shall faculty-student ratio in supervised practice following: provide to Congress, and publish and make teaching.

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‘‘(C) STATEMENT.—In States that approve ‘‘(viii) teacher preparation accrediting or- any change in a State’s treatment of any pri- or accredit teacher education programs, a ganizations. vate, religious, or home school, whether or statement of whether the institution’s pro- ‘‘SEC. 208. STATE FUNCTIONS. not a home school is treated as a private gram is so approved or accredited. ‘‘(a) STATE ASSESSMENT.—In order to re- school or home school under State law. ‘‘(D) DESIGNATION AS LOW-PERFORMING.— ceive funds under this Act, a State, not later ‘‘(3) NATIONAL SYSTEM OF TEACHER CERTIFI- Whether the program has been designated as than 2 years after the date of enactment of CATION PROHIBITED.—Nothing in this part low-performing by the State under section the Higher Education Amendments of 1998, shall be construed to permit, allow, encour- 208(a). shall have in place a procedure to identify, age, or authorize the Secretary to establish ‘‘(E) PERCENTAGE OF FACULTY IN SCHOOL OF and assist, through the provision of tech- or support any national system of teacher EDUCATION.—The percentage of full-time fac- nical assistance, low-performing programs of certification. ulty at the institution of higher education teacher preparation within institutions of ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. who teach classes offered by the school of higher education. Such State shall provide ‘‘There are authorized to be appropriated education. the Secretary an annual list of such low-per- to carry out this part $300,000,000 for fiscal ‘‘(2) REQUIREMENT.—The information de- forming institutions that includes an identi- year 2004 and such sums as may be necessary scribed in paragraph (1) shall be reported fication of those institutions at risk of being for each of the 5 succeeding fiscal years. through publications such as school catalogs placed on such list. Such levels of perform- ‘‘PART B—INNOVATIVE STRATEGIES TO and promotional materials sent to potential ance shall be determined solely by the State RECRUIT, TRAIN, AND RETAIN HIGH applicants, secondary school guidance coun- and may include criteria based upon infor- QUALITY TEACHERS AND PRINCIPALS selors, and prospective employers of the in- mation collected pursuant to this part. Such stitution’s program graduates. ‘‘SEC. 215. INCENTIVES TO RECRUIT AND RETAIN assessment shall be described in the report HIGH QUALITY TEACHERS AND AD- ‘‘(3) FINES.—In addition to the actions au- under section 207(b). MINISTRATORS. thorized in section 487(c), the Secretary may ‘‘(b) TERMINATION OF ELIGIBILITY.—Any in- ‘‘(a) MENTORING PROGRAM.— impose a fine not to exceed $25,000 on an in- stitution of higher education that offers a ‘‘(1) AUTHORIZATION.— stitution of higher education for failure to program of teacher preparation in which the ‘‘(A) IN GENERAL.—The Secretary shall provide the information described in this State has withdrawn the State’s approval or award grants, on a competitive basis, to eli- subsection in a timely or accurate manner. terminated the State’s financial support due ‘‘(g) NATIONAL ACADEMY OF SCIENCES CORE gible partnerships to enable the eligible to the low performance of the institution’s CURRICULUM STUDY.— partnerships to develop mentoring programs teacher preparation program based upon the ‘‘(1) IN GENERAL.—The Secretary shall that help train and retain new teachers and enter into a contract with the National State assessment described in subsection provide professional routes for experienced Academy of Sciences to conduct a 2-year (a)— teachers. study to develop a suggested core curriculum ‘‘(1) shall be ineligible for any funding for ‘‘(B) PRIORITY.—In awarding grants under in pedagogy for schools of education for such professional development activities awarded this subsection, the Secretary shall give pri- schools’ teacher education program that as- by the Department of Education; ority to eligible partnerships that consist of sists those within the education profession ‘‘(2) shall not be permitted to accept or en- a high need local educational agency with— and prospective teachers to understand what roll any student that receives aid under title ‘‘(i) high rates of teacher turnover; and prospective teachers need to know to become IV of this Act in the institution’s teacher ‘‘(ii) shortages of teachers in subject areas effective teachers. preparation program; and of high need (including bilingual education, ‘‘(2) DOMAINS OF FOUNDATIONAL AND PEDA- ‘‘(3) shall provide transitional support, in- special education, mathematics, science, vo- GOGICAL KNOWLEDGE.—The study under para- cluding remedial services if necessary, for cational education, and early childhood edu- graph (1) shall include each of the following students enrolled at the institution at the cation) and teachers in rural areas. domains of foundational and pedagogical time of termination of financial support or ‘‘(2) ELIGIBLE PARTNERSHIP.—In this sub- knowledge: withdrawal of approval. section, the term ‘eligible partnership’ ‘‘(A) Learning, which would include build- ‘‘(c) NEGOTIATED RULEMAKING.—If the Sec- means a partnership among an institution of ing on existing knowledge and experience retary develops any regulations imple- higher education, a high need local edu- shaped by social and cultural context in the menting subsection (b)(2), the Secretary cational agency, and a nonprofit entity (in- community and in the classroom. shall submit such proposed regulations to a cluding teacher organizations) that has an ‘‘(B) Human development, which would in- negotiated rulemaking process, which shall established record of providing effective clude how children and adolescents think include representatives of States, institu- teacher training. and behave, taking in account different ages, tions of higher education, and educational ‘‘(3) APPLICATION.—An eligible partnership contexts, and learning styles. and student organizations. that desires a grant under this subsection ‘‘(C) Assessment, which would include the ‘‘SEC. 209. GENERAL PROVISIONS. shall submit an application to the Secretary introduction of standards-based reform. ‘‘(a) METHODS.—In complying with sections at such time, in such manner, and con- ‘‘(D) Teaching strategies, which would in- 207 and 208, the Secretary shall ensure that taining such information as the Secretary clude providing all teachers with the tools States and institutions of higher education may require. needed to be successful in the classroom, es- use fair and equitable methods in reporting ‘‘(4) USE OF FUNDS.— pecially with students who have specific and that the reporting methods protect the ‘‘(A) MANDATORY USES.—An eligible part- learning disabilities or needs such as lan- privacy of individuals. nership that receives a grant under this sub- guage acquisition. ‘‘(b) SPECIAL RULE.—For each State in section shall develop a mentoring program ‘‘(E) Reading instruction, which would in- which there are no State certification or li- that is not less than 1 year in duration and clude taking in account different ages, con- censure assessments, or for States that do does each of the following: texts, and learning styles. not set minimum performance levels on ‘‘(i) Provides— ‘‘(3) BEST RESEARCH; SUGGESTED TRAINING.— those assessments— ‘‘(I) training for experienced teachers to The suggested core curriculum developed ‘‘(1) the Secretary shall, to the extent become mentors; under paragraph (1) shall reflect the best re- practicable, collect data comparable to the ‘‘(II) training from trained mentors to search into how students learn and on the data required under this part from States, teach teachers in schools served by high need content-specific methods shown to be effec- local educational agencies, institutions of local educational agencies; tive with students, including examining how higher education, or other entities that ad- ‘‘(III) stipends to mentors; and children learn. The suggested core cur- minister such assessments to teachers or ‘‘(IV) release time or a reduced class load riculum shall include suggested training in prospective teachers; and for mentors and the teachers being working with diverse populations, assess- ‘‘(2) notwithstanding any other provision mentored, or both. ments in the classroom, and classroom man- of this part, the Secretary shall use such ‘‘(ii) Outlines specific criteria for who can agement. data to carry out the requirements of this serve as mentors, coaches, and team leaders. ‘‘(4) COLLABORATION.— part related to assessments or pass rates. ‘‘(iii) Requires mentors to— ‘‘(A) IN GENERAL.—In conducting the study ‘‘(c) LIMITATIONS.— ‘‘(I) be fully licensed; under paragraph (1), the National Academy ‘‘(1) FEDERAL CONTROL PROHIBITED.—Noth- ‘‘(II) be permanent (nonprobationary) of Sciences shall collaborate with interested ing in this part shall be construed to permit, classroom teachers; parties in developing the suggested core cur- allow, encourage, or authorize any Federal ‘‘(III) have completed not less than 3 years riculum. control over any aspect of any private, reli- of teaching; ‘‘(B) INTERESTED PARTIES.—In this para- gious, or home school, whether or not a ‘‘(IV) demonstrate mastery of pedagogy graph, the term ‘interested parties’ means— home school is treated as a private school or and the subject matter such mentor teaches; ‘‘(i) college presidents; home school under State law. This section ‘‘(V) have superior teaching and inter- ‘‘(ii) deans of teacher education programs; shall not be construed to prohibit private, personal skills; ‘‘(iii) teacher preparation faculty; religious, or home schools from participation ‘‘(VI) have the ability to integrate chal- ‘‘(iv) chief State school officers; in programs or services under this part. lenging State academic content standards ‘‘(v) school superintendents; ‘‘(2) NO CHANGE IN STATE CONTROL ENCOUR- and challenging student academic achieve- ‘‘(vi) teacher organizations; AGED OR REQUIRED.—Nothing in this part ment standards and accountability into ‘‘(vii) outstanding teachers; and shall be construed to encourage or require classroom teaching;

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‘‘(VII) use a variety of assessment strate- ‘‘(B) develops a partnership with a lender ‘‘(II) SUPPORT SERVICES.—The support serv- gies to respond to individual learning needs; to create a home loan program for teachers ices shall be offered prior to and during such and who teach in schools served by high need student’s tenure at the 4-year institution of ‘‘(VIII) reflect on their teaching practices local educational agencies that provides higher education and shall include men- in order to improve teaching and student home loans to such teachers that— toring, and academic and career support. learning. ‘‘(i) are insured by the eligible partnership; ‘‘(III) POINT PERSON.—The 4-year institu- ‘‘(iv) Endeavors to match mentors and the or tion of higher education shall provide a point teachers being mentored by geographic prox- ‘‘(ii) require minimal or no downpayment. person within the teacher preparation pro- imity or by the same grade level and subject ‘‘(5) SERVICE REQUIREMENT.—A teacher that gram whose sole job is to provide support matter area of teaching, or both. receives assistance under this subsection services to the students described in sub- ‘‘(v) Ensures that teachers who have been shall— clause (I). mentored will work in schools served by high ‘‘(A) teach in a school served by a high ‘‘(B) PERMISSIVE USES.—An eligible part- need local educational agencies for a speci- need local educational agency for not less nership that receives a grant under this sub- fied period of time. than 5 subsequent school years; or section may use the grant funds to provide ‘‘(vi) Provides a plan to evaluate the men- ‘‘(B) repay the amount of assistance. compensation to staff in the teacher prepara- toring program. ‘‘(6) EVALUATION.— tion programs at the community college and ‘‘(B) PERMISSIBLE USES.—An eligible part- ‘‘(A) IN GENERAL.—An eligible partnership 4-year institution of higher education. nership that receives a grant under this sub- that receives a grant under this subsection ‘‘(5) DURATION OF GRANTS.—Grants awarded section may use the grant funds to provide shall develop an evaluation of the partner- under this subsection shall be for 5 years in academic credit toward an advanced degree ship’s housing incentive program that in- duration. for mentors and the teachers being cludes, at a minimum— ‘‘(6) EVALUATION.— mentored. ‘‘(i) how many teachers received assistance ‘‘(A) IN GENERAL.—An eligible partnership ‘‘(5) DURATION OF GRANTS.—Grants awarded under the program and retention rates in that receives a grant under this subsection under this subsection shall be for 3 years in schools served by high need local edu- shall develop an evaluation of the duration. cational agencies for such teachers; partnerships’s activities under this sub- ‘‘(6) EVALUATION.— ‘‘(ii) whether the program helped improve section that— ‘‘(A) IN GENERAL.—Not later than the last teacher shortages; ‘‘(i) includes the number of student teach- day of the grant award, an eligible partner- ‘‘(iii) a description of the specific inactive ers served and the retention rate in the 4- ship that receives a grant under this sub- model that was used to develop the housing year institution of higher education of such section shall submit an accountability re- incentive program; student teachers; port to the Secretary. ‘‘(iv) if applicable, how partnerships with ‘‘(ii) addresses the qualification of such lenders worked; and ‘‘(B) CONTENT.—The accountability report student teachers when graduating from the under subparagraph (A) shall include, at a ‘‘(v) successful practices. 4-year institution of higher education, in- minimum— ‘‘(B) SUBMISSION OF EVALUATION.—Not later cluding whether such student teachers found ‘‘(i) teacher retention rates for teachers than the last day of the grant award, the eli- teaching positions and whether they passed gible partnership shall submit to the Sec- participating in the mentoring program as State certification examinations; and retary the evaluation developed under sub- compared with teachers in the high need ‘‘(iii) includes successful practices. paragraph (A). local educational agency not participating in ‘‘(B) SUBMISSION OF EVALUATION.—Not later ‘‘(7) TAX EXEMPTION.—The amount of any the mentoring program; than the last day of the grant award, the eli- financial assistance received by a teacher ‘‘(ii) results of evaluations on mentor and gible partnership shall submit to the Sec- under a housing incentive program developed teachers being mentored satisfaction with retary the evaluation developed under sub- pursuant to this subsection shall not be con- the mentoring program; and paragraph (A). sidered income for purposes of the Internal ‘‘(iii) results of the plan developed by the ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— Revenue Code of 1986. eligible partnership to evaluate the men- There are authorized to be appropriated to ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— toring program. There are authorized to be appropriated to carry out this subsection $25,000,000 for fiscal ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— carry out this subsection $50,000,000 for fiscal year 2004 and such sums as may be necessary There are authorized to be appropriated to year 2004 and such sums as may be necessary for each of the 5 succeeding fiscal years. carry out this subsection $50,000,000 for fiscal for each of the 5 succeeding fiscal years. ‘‘(d) PARAPROFESSIONALS TO TEACHERS.— year 2004 and such sums as may be necessary ‘‘(c) COMMUNITY COLLEGE AS A PARTNER.— ‘‘(1) GRANT PROGRAM AUTHORIZED.—The for each of the 5 succeeding fiscal years. ‘‘(1) GRANT PROGRAM AUTHORIZED.—The Secretary shall award grants, on a competi- ‘‘(b) HOUSING INCENTIVES PROGRAM.— Secretary shall award grants, on a competi- tive basis, to eligible partnerships to enable ‘‘(1) GRANT PROGRAM AUTHORIZED.—The tive basis, to eligible partnerships to enable the eligible partnerships to develop a Para- Secretary shall award grants, on a competi- the eligible partnerships to strengthen professionals to Teachers Program (in this tive basis, to eligible partnerships to enable teacher preparation programs. subsection referred to as the ‘Program’) to the eligible partnerships to develop a hous- ‘‘(2) ELIGIBLE PARTNERSHIP.—In this sub- assist paraprofessionals employed by high ing incentive program that assists teachers section, the term ‘eligible partnership’ need local educational agencies to become who teach in schools served by high need means a partnership between— teachers. local educational agencies to afford housing. ‘‘(A) a community college; and ‘‘(2) ELIGIBLE PARTNERSHIP.—In this sub- ‘‘(2) ELIGIBLE PARTNERSHIP.—In this sub- ‘‘(B) a 4-year institution of higher edu- section, the term ‘eligible partnership’ section: cation that has a teacher preparation pro- means a partnership among an institution of ‘‘(A) IN GENERAL.—The term ‘eligible part- gram. higher education, a high need local edu- nership’ means a partnership between— ‘‘(3) APPLICATION.—An eligible partnership cational agency, and other entities that may ‘‘(i)(I) a high need local educational agen- that desires a grant under this subsection include businesses, community colleges, and cy; or shall submit an application to the Secretary teacher organizations. ‘‘(II) a State educational agency; and at such time, in such manner, and con- ‘‘(3) APPLICATION.—An eligible partnership ‘‘(ii) an institution of higher education. taining such information as the Secretary that desires a grant under this subsection ‘‘(B) OTHER ENTITIES.—The term ‘eligible may require. shall submit an application to the Secretary partnership’ may include other public enti- ‘‘(4) USE OF FUNDS.— at such time, in such manner, and con- ties or private entities. ‘‘(A) MANDATORY USES.—An eligible part- taining such information as the Secretary ‘‘(3) APPLICATION.—An eligible partnership nership that receives a grant under this sub- may require. that desires a grant under this subsection section shall do both of the following: ‘‘(4) USE OF FUNDS.— shall submit an application to the Secretary ‘‘(i) COMMUNITY COLLEGE ACTIVITIES.—The ‘‘(A) IN GENERAL.—An eligible partnership at such time, in such manner, and con- community college of the eligible partner- that receives a grant under this subsection taining such information as the Secretary ship shall develop and strengthen the core shall develop a Program to assist paraprofes- may require. curriculum centered on a liberal arts edu- sionals employed by the high need local edu- ‘‘(4) USE OF FUNDS.—An eligible partner- cation at such college that adequately pre- cational agency of the eligible partnership to ship that receives a grant under this sub- pares students to enter the teacher prepara- become teachers by— section shall use the grant funds to develop tion program at the 4-year institution of ‘‘(i) developing a teacher preparation pro- a housing incentive program that— higher education of the eligible partnership. gram at the institution of higher education ‘‘(A) provides financial incentives to teach- ‘‘(ii) 4-YEAR INSTITUTION OF HIGHER EDU- of the eligible partnership for paraprofes- ers who teach in schools served by high need CATION ACTIVITIES.— sionals that allows for part-time study and local educational agencies by providing for ‘‘(I) IN GENERAL.—The 4-year institution of flexible student teaching and coursework such teachers funds for— higher education of the eligible partnership schedules; ‘‘(i) a downpayment on a home; shall provide intensive support services for ‘‘(ii) ensuring that paraprofessionals en- ‘‘(ii) closing costs associated with pur- students that enter the teacher preparation rolled in the teacher preparation program chasing a home; or program from the community college of the under clause (i) retain such paraprofes- ‘‘(iii) moving expenses; or eligible partnership. sionals’ benefit packages with the high need

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ELIGIBILITY. the teacher preparation program; ods, application of rigorous data analyses, ‘‘(a) ELIGIBLE APPLICANTS.—In order to re- ‘‘(iii) providing support services for such collections of reliable and valid data, knowl- ceive a grant or enter into a contract or co- paraprofessionals that include tutoring to edge of appropriate research designs, and the operative agreement under this part, an ap- meet teacher preparation program require- importance of peer review and other external plicant shall be a consortium that includes ments, child care, career counseling, and fi- scrutiny, and its application to the practice the following: nancial aid guidance; and of school leadership; and ‘‘(1) At least one institution of higher edu- ‘‘(iv) providing mentoring for such para- ‘‘(iv) the development of knowledge and cation that awards baccalaureate degrees professionals during their first 3 years of skills to develop and align curriculum, as- and prepares teachers for their initial entry teaching. sessments, and instruction with standards, into teaching. ‘‘(B) PERMISSIBLE USE OF FUNDS.—An eligi- legislation, and regulations. ‘‘(2) At least one State educational agency ble partnership that receives a grant under ‘‘(B) PERMISSIBLE USE OF FUNDS.—An eligi- or local educational agency. this subsection may use the grant funds for— ble partnership that receives a grant under ‘‘(3) One or more of the following entities: ‘‘(i) tuition expenses of paraprofessionals this subsection may use the grant funds— ‘‘(A) An institution of higher education in the teacher preparation program; ‘‘(i) to provide training in developing and (other than the institution described in para- ‘‘(ii) child care expenses of paraprofes- enhancing the skills necessary to effectively graph (1)). sionals; run schools for individuals who are about to ‘‘(B) A school or department of education ‘‘(iii) release time for paraprofessionals; become principals, assistant principals, or at an institution of higher education. ‘‘(iv) compensation for mentors; school superintendents; ‘‘(C) A school or college of arts and ‘‘(v) support services for paraprofessionals; ‘‘(ii) for a pre-induction year internship or sciences (as defined in section 201(b)) at an ‘‘(vi) salaries of staff at the institution of apprenticeship with a successful practitioner institution of higher education. higher education and the high need local to help train individuals who are about to ‘‘(D) A professional association, founda- educational agency of the eligible partner- become principals, assistant principals, or tion, museum, library, for-profit business, ship; and school superintendents, and, during an in- public or private nonprofit organization, ‘‘(vii) stipends for paraprofessionals. duction year, to support and develop the ca- community-based organization, or other en- ‘‘(5) ACTIVITIES OF THE HIGH NEED LOCAL pacity of new principals, assistant prin- tity, with the capacity to contribute to the EDUCATIONAL AGENCY.—The high need local cipals, and school superintendents as in- technology-related reform of teacher prepa- educational agency of the eligible partner- structional leaders; and ration programs. ship shall— ‘‘(iii) to provide mentoring and peer coach- ‘‘(b) APPLICATION REQUIREMENTS.—In order ‘‘(A) make efforts to recruit paraprofes- ing services for principals, assistant prin- to receive a grant or enter into a contract or sionals employed by such agency to partici- cipals, and school superintendents to enable cooperative agreement under this part, an el- pate in the Program; exemplary principals, assistant principals, igible applicant shall submit an application ‘‘(B) arrange for administrative leave for and school superintendents to serve as men- to the Secretary at such time, in such man- paraprofessionals employed by such agency tors and role models. ner, and containing such information as the who participate in the Program; and ‘‘(5) TECHNOLOGY.—In carrying out activi- Secretary may require. Such application ‘‘(C) guarantee a provisional teaching posi- ties under this subsection, an eligible part- shall include the following: tion to paraprofessionals employed by such nership shall use, to the extent practicable, ‘‘(1) A description of the proposed project, agency who participate in the Program upon technology as an outreach mechanism to ex- including how the project would— completion of the Program. pand opportunities for professional develop- ‘‘(A) ensure that individuals participating ‘‘(6) DURATION OF GRANTS.—Grants awarded ment and ongoing support services for prin- in the project would be prepared to use ad- under this subsection shall be for 3 years in cipals, assistant principals, and school super- vanced technology to prepare all students, duration. intendents. including groups of students who are under- ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(6) REPORT.—An eligible partnership that represented in technology-related fields and There are authorized to be appropriated to receives a grant under this subsection shall groups of students who are economically dis- carry out this subsection $50,000,000 for fiscal submit to the Secretary an evaluation de- year 2004 and such sums as may be necessary advantaged, to meet challenging State and for each of the 5 succeeding fiscal years. tailing the use of grant funds under this sub- local academic content and student aca- ‘‘(e) SCHOOL LEADERSHIP DEVELOPMENT section and the progress in meeting the goals demic achievement standards; and PROGRAM FOR PRINCIPALS, ASSISTANT PRIN- of the eligible partnership. ‘‘(B) improve the ability of at least one CIPALS, AND SUPERINTENDENTS.— ‘‘(7) DURATION OF GRANTS.—Grants awarded participating institution of higher education ‘‘(1) GRANT PROGRAM AUTHORIZED.—The under this subsection shall be for 3 years in described in section 222(a)(1) to ensure such Secretary shall award grants, on a competi- duration. preparation. tive basis, to eligible partnerships to enable ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) A demonstration of— the eligible partnerships to provide practical There are authorized to be appropriated to ‘‘(A) the commitment, including the finan- training to principals, assistant principals, carry out this subsection $25,000,000 for fiscal cial commitment, of each of the members of and school superintendents that focuses on year 2004 and such sums as may be necessary the consortium for the proposed project; and developing and enhancing the skills nec- for each of the 5 succeeding fiscal years. ‘‘(B) the active support of the leadership of each organization that is a member of the essary to serve as instructional leaders of ‘‘PART C—PREPARING TOMORROW’S consortium for the proposed project. schools and school systems. TEACHERS TO USE TECHNOLOGY ‘‘(2) ELIGIBLE PARTNERSHIP.—In this sub- ‘‘(3) A description of how each member of section, the term ‘eligible partnership’— ‘‘SEC. 221. PURPOSE AND PROGRAM AUTHORITY. the consortium will participate in project ‘‘(A) means a partnership between— ‘‘(a) PURPOSE.—It is the purpose of this activities. ‘‘(i) an institution of higher education; and part to assist consortia of public and private ‘‘(4) A description of how the proposed ‘‘(ii) 1 or more high need local educational entities— project will be continued after Federal funds agencies; and ‘‘(1) to carry out programs that prepare are no longer awarded under this part for the ‘‘(B) may include a school principal profes- prospective teachers to use advanced tech- project. sional organization. nology to prepare all students to meet chal- ‘‘(5) A plan for the evaluation of the ‘‘(3) APPLICATION.—An eligible partnership lenging State and local academic content project, which shall include benchmarks to that desires a grant under this subsection and student academic achievement stand- monitor progress toward specific project ob- shall submit an application to the Secretary ards; and jectives. at such time, in such manner, and con- ‘‘(2) to improve the ability of institutions ‘‘(c) MATCHING REQUIREMENTS.— taining such information as the Secretary of higher education to carry out such pro- ‘‘(1) IN GENERAL.—The Federal share of the may require. grams. cost of any project funded under this part ‘‘(4) USE OF FUNDS.— ‘‘(b) PROGRAM AUTHORITY.— shall not exceed 50 percent. Except as pro- ‘‘(A) IN GENERAL.—An eligible partnership ‘‘(1) IN GENERAL.—The Secretary is author- vided in paragraph (2), the non-Federal share that receives a grant under this subsection ized to award grants to eligible applicants, of the cost of such project may be provided shall establish a certificate program for or enter into contracts or cooperative agree- in cash or in kind, fairly evaluated, includ- principals, assistant principals, and school ments with eligible applicants, on a competi- ing services. superintendents that is developed by edu- tive basis in order to pay for the Federal ‘‘(2) ACQUISITION OF EQUIPMENT.—Not more cation experts and practitioners and that share of the cost of projects to develop or re- than 10 percent of the funds awarded for a provides training in— design teacher preparation programs to en- project under this part may be used to ac- ‘‘(i) diagnostic leadership skills assess- able prospective teachers to use advanced quire equipment, networking capabilities, or ment; technology effectively in their classrooms. infrastructure, and the non-Federal share of ‘‘(ii) the development of knowledge and ‘‘(2) PERIOD OF AWARDS.—The Secretary the cost of any such acquisition shall be pro- skills that contribute to the effective prac- may award grants, or enter into contracts or vided in cash. tice of instructional leadership behaviors; cooperative agreements, under this part for ‘‘SEC. 223. USE OF FUNDS. ‘‘(iii) research methodology for edu- periods that are not more than 5 years in du- ‘‘(a) REQUIRED USES.—A consortium that cational leaders that includes understanding ration. receives a grant or enters into a contract or

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cooperative agreement under this part shall ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN- agency and that receives a contract under use funds made available under this part CY.—The term ‘eligible local educational this section shall— for— agency’ means a local educational agency for ‘‘(1) provide comparable services in pro- ‘‘(1) a project creating one or more pro- which the number of children determined grams offered under this part as in programs grams that prepare prospective teachers to under section 1124(c) for that local edu- such entity offers to such entity’s other cus- use advanced technology to prepare all stu- cational agency constitute more than— tomers; and dents, including groups of students who are ‘‘(A) the percentage described in section ‘‘(2) provide services in programs offered underrepresented in technology-related 1125(c)(2)(B)(v) of the agency’s total popu- under this part for not more than 75 percent fields and groups of students who are eco- lation aged 5 to 17; or of such entity’s national average rate per nomically disadvantaged, to meet chal- ‘‘(B) the number described in section student for comparable programs. lenging State and local academic content 1125(c)(2)(C)(v) of the agency’s total popu- ‘‘(d) PRACTICE EXAMINATIONS.— and student academic achievement stand- lation aged 5 to 17. ‘‘(1) PRIOR TO PREPARATION.— ards; and ‘‘(3) ELIGIBLE SECONDARY SCHOOL.—The ‘‘(A) IN GENERAL.—Programs provided ‘‘(2) evaluating the effectiveness of the term ‘eligible secondary school’— under this section shall require each partici- project. ‘‘(A) means a secondary school that re- pating student to complete a practice exam- ‘‘(b) PERMISSIBLE USES.—The consortium ceives Federal assistance under part A and is may use funds made available under this served by an eligible local educational agen- ination of the college admissions test the part for a project, described in the applica- cy; and student will be preparing for, prior to pre- tion submitted by the consortium under this ‘‘(B) includes a secondary school that does paring such student for such college admis- part, that carries out the purpose of this not receive Federal assistance under part A sions test. part, such as the following: for a fiscal year if such secondary school is ‘‘(B) PREVIOUSLY ADMINISTERED; SAME TIME- ‘‘(1) Developing and implementing high- served by an eligible local educational agen- FRAME AND SETTING.—The practice examina- quality teacher preparation programs that cy that serves secondary schools, none of tion described under subparagraph (A) shall enable educators— which received Federal assistance under part be— ‘‘(A) to learn the full range of resources A for such fiscal year. ‘‘(i) an examination previously adminis- tered by the College Board, ACT Inc., or that can be accessed through the use of tech- ‘‘SEC. 1911. ESTABLISHMENT. nology; ‘‘From amounts appropriated under sec- other college admissions tests’ respective ad- ‘‘(B) to integrate a variety of technologies tion 1917 for a fiscal year, the Secretary shall ministrator; and into curricula and instruction in order to ex- award grants, on a competitive basis, to eli- ‘‘(ii) administered in a timeframe and set- pand students’ knowledge; gible local educational agencies to enable ting similar to that of the examination when ‘‘(C) to evaluate educational technologies such agencies to fund college admissions test administered by the College Board, ACT Inc., and their potential for use in instruction; preparation programs for juniors and seniors or other college admissions tests’ respective ‘‘(D) to help students develop their tech- at eligible secondary schools served by such administrator. nical skills; and agencies. ‘‘(2) AFTER PREPARATION.— ‘‘(E) to use technology to collect, manage, ‘‘SEC. 1912. APPLICATION. ‘‘(A) IN GENERAL.—Programs provided and analyze data to improve teaching and ‘‘An eligible local educational agency that under subsection (a) shall require each par- decisionmaking. desires a grant under this part shall submit ticipating student to complete a practice ex- ‘‘(2) Developing alternative teacher devel- an application to the Secretary at such time, amination of the college admissions test the opment paths that provide elementary in such manner, and containing such infor- student prepared for at the completion of the schools and secondary schools with well-pre- mation as the Secretary may require. program. pared, technology-proficient educators. ‘‘SEC. 1913. DURATION. ‘‘(B) PREVIOUSLY ADMINISTERED; SAME TIME- ‘‘(3) Developing achievement-based stand- ‘‘Grants awarded under this subpart shall FRAME AND SETTING.—The practice examina- ards and assessments aligned with the stand- be for a period of not less than 3 years. tion described under subparagraph (A)— ards to measure the capacity of prospective ‘‘SEC. 1914. USE OF FUNDS. ‘‘(i) shall be an examination previously ad- teachers to use technology effectively in ‘‘(a) IN GENERAL.—An eligible local edu- ministered by the College Board, ACT Inc., their classrooms. cational agency that receives a grant under or other college admissions tests’ respective ‘‘(4) Providing technical assistance to enti- this part shall use the grant funds to pro- administrator; ties carrying out other teacher preparation vide, through an eligible entity, a college ad- ‘‘(ii) shall not be the same practice exam- programs. missions test preparation program for jun- ination given at the start of the program, ‘‘(5) Developing and disseminating re- iors and seniors at eligible secondary schools given at any time during the program, or sources and information in order to assist in- served by such agency that uses methods used as a study aid during the program; and stitutions of higher education to prepare that have proven effective in preparing stu- ‘‘(iii) shall be administered in a timeframe teachers to use technology effectively in dents for college admissions tests. and setting similar to that of the examina- their classrooms. ‘‘(b) METHODS.— tion when administered by the College ‘‘(6) Subject to section 222(c)(2), acquiring ‘‘(1) IN GENERAL.—A college admissions test Board, ACT Inc., or other college admissions technology equipment, networking capabili- preparation program funded under this part tests’ respective administrator. shall— ties, infrastructure, software, and digital ‘‘(e) SUPPLEMENTAL PREPARATION AND ‘‘(A) use methods that have proven effec- curricula to carry out the project. GUIDANCE.—An eligible entity that receives a tive in preparing students for college admis- ‘‘SEC. 224. AUTHORIZATION OF APPROPRIATIONS. contract under this section or an eligible sions tests; ‘‘There are authorized to be appropriated local educational agency that develops and ‘‘(B) to the extent practicable, be adminis- to carry out this part— implements a school-based college admis- tered through instructor led, classroom- ‘‘(1) $150,000,000 for fiscal year 2004; and sions test preparation program under this based courses; and ‘‘(2) such sums as may be necessary for section shall— ‘‘(C) consist of a minimum of 25 hours of each of the 5 succeeding fiscal years.’’. ‘‘(1) provide supplemental preparation for instructional (nontesting) time. TITLE III—DIVERSITY, RETENTION, AND those students that need such supplemental ‘‘(2) ONLINE COURSES.— ENRICHED ACADEMICS FOR MATRICU- preparation to prepare for college admissions ‘‘(A) IN GENERAL.—An eligible local edu- tests in the form of prepreparation review of LATING STUDENTS cational agency may enter into a contract skills and knowledge, including in mathe- SEC. 301. TEST PREPARATION FOR LOW-INCOME with an eligible entity to provide a college matics, grammar, and vocabulary; STUDENTS. admissions test preparation program that ‘‘(2) ensure that students participating in Title I of the Elementary and Secondary will be offered online if— programs funded under this part receive Education Act of 1965 (20 U.S.C. 6301 et seq.) ‘‘(i) a classroom-based college admissions is amended by adding at the end the fol- counseling on college admissions, including test preparation program provided by an eli- lowing: information on selecting an institution of gible entity is not available; and higher education, the application process ‘‘PART J—TEST PREPARATION FOR LOW- ‘‘(ii) the eligible entity providing such on- and related requirements, the availability of INCOME STUDENTS line program has a verified track record of supports and services to facilitate transition ‘‘SEC. 1910. DEFINITIONS. not less than 3 years of increasing the aver- to and success in postsecondary education, ‘‘In this part: age college admissions test score of students and the availability of financial aid; and ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible served through such online program. ‘‘(3) offer not less than 1 seminar or class entity’ means a public, private, or nonprofit ‘‘(B) SUPERVISION; ADMINISTRATION.—An on- on the counseling described under paragraph entity (including a secondary school or a line college admissions test preparation pro- (2) that shall be held during evening or week- local educational agency) that— gram shall be supervised or administered by end hours and parents shall be invited to at- ‘‘(A) offers a program to prepare students a teacher, administrator, or coach who has tend such seminar or class. for college admissions tests; and received appropriate professional develop- ‘‘(B) has a verified track record of not less ment to support student success in such on- ‘‘(f) LOCAL EDUCATIONAL AGENCY SEPARATE than 3 years of increasing the average col- line program. PROGRAMS.—An eligible local educational lege admissions test score of students who ‘‘(c) COMPARABLE SERVICE.—An eligible en- agency that enters into a contract with an participate in such program. tity that is not a school or local educational eligible entity pursuant to this section—

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.087 S28PT1 S13400 CONGRESSIONAL RECORD — SENATE October 28, 2003 ‘‘(1) may conduct activities described ‘‘(A) Individual major racial and ethnic such time, in such manner, and containing under subsection (e) separate from such con- groups. such information as the Secretary may re- tract; and ‘‘(B) Male. quire. ‘‘(2) may not use more than 5 percent of ‘‘(C) Female. ‘‘(d) MANDATORY ACTIVITIES.—An eligible the grant funds to conduct activities de- ‘‘(D) The relative of an alumnus, institution that receives a grant under this scribed under subsection (e) separate from disaggregated by race and eligibility for Fed- section shall use the grant funds to carry out such contract. eral Pell Grants. each of the following: ‘‘SEC. 1915. REPORTING REQUIREMENT. ‘‘(E) Economically disadvantaged, as meas- ‘‘(1) Offering counseling services to help students cope with the challenges they are ‘‘(a) LOCAL EDUCATIONAL AGENCY.—An eli- ured by eligibility for Federal Pell Grants. facing and identify the services that are gible local educational agency that develops ‘‘(2) The percentage of freshman students available to help them persist in their edu- and implements a school-based college ad- enrolled at the institution in the previous cation. missions test preparation program under sec- academic year who were admitted to the in- ‘‘(2) Making mentors available to all stu- tion 1914(a)(1) shall submit to the Secretary stitution through binding early decision, dents that are at risk for not completing a a report that includes— disaggregated by race and eligibility for Fed- degree. ‘‘(1) the number of students who started eral Pell Grants. ‘‘(3) Providing detailed assistance to all the program, disaggregated by race and gen- ‘‘(3) The percentage of freshman students students who request help in under- der where appropriate; enrolled at the institution in the previous standing— ‘‘(2) the number of students who completed academic year who were admitted to the in- ‘‘(A) the options for financing their edu- the program, disaggregated by race and gen- stitution through regular decision, cation, including information on grants, der where appropriate; disaggregated by race and eligibility for Fed- loans, and loan repayment programs; ‘‘(3) the number of students participating eral Pell Grants. ‘‘(B) the process of applying for financial in the program who subsequently take the ‘‘(b) DISAGGREGATION.—An institution of assistance; officially administered college admissions higher education shall provide specific ‘‘(C) the outcome of their financial assist- test for which such students were preparing, disaggregated subgroup information under ance application; and disaggregated by race and gender where ap- subsection (a) only if the number of students ‘‘(D) any unanticipated problems related to propriate; and in such subgroup is sufficient to yield statis- financing their education that arise. ‘‘(4) average scores for participating stu- tically reliable information and reporting ‘‘(4) Offering tutoring to all students who dents on the preprogram test pursuant to would not reveal personally identifiable in- request assistance with any course or sub- section 1914(d)(1), and the end of program formation about an individual. If such num- ject. test pursuant to section 1914(d)(2). ber is not sufficient, the institution of higher ‘‘(5) Conducting outreach activities so that ‘‘(b) ELIGIBLE ENTITY.—An eligible entity education shall note that the institution en- all students know that these services are that receives a contract under section 1914 rolled too few of such students to report with available and are aware of how to access the shall submit to the eligible local educational confidence.’’. services. agency that has contracted for such eligible (b) ANTITRUST EXEMPTION.— ‘‘(6) Making services listed in paragraphs entity’s services a report that includes the (1) DEFINITIONS.—In this subsection: (1) through (4) available in students’ native information described in subsection (a) and (A) ANTITRUST LAWS.—The term ‘‘antitrust languages, if it is not English, if the percent- any other information the eligible local edu- laws’’ has the meaning given such term in age of students needing translation services cational agency shall reasonably require. subsection (a) of the first section of the Clay- ton Act (15 U.S.C. 12(a)), except that such in a specific language exceeds 5 percent. ‘‘(c) FAILURE TO SUBMIT SCORES.—An eligi- term includes section 5 of the Federal Trade ‘‘(e) PERMISSIBLE ACTIVITIES.—An eligible ble local educational agency or eligible enti- institution that receives a grant under this ty that fails to submit the average scores for Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of section may use grant funds to carry out any participating students on the preprogram of the following activities: test pursuant to section 1914(d)(1), and the competition. (B) INSTITUTION OF HIGHER EDUCATION.—The ‘‘(1) Providing intensive remedial academic end of program test pursuant to section instruction. 1914(d)(2) shall have such agency or entity’s term ‘‘institution of higher education’’— (i) means an institution of higher edu- ‘‘(2) Designing innovative course schedules grant terminated at the discretion of the to meet the needs of working adults, such as Secretary. cation as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and classes that are concentrated on weekends or ‘‘SEC. 1916. SCORE IMPROVEMENT. (ii) includes any individual acting on be- over short periods of time. ‘‘(a) REPORT.—Not less than once every 3 half of such an institution. ‘‘(3) Designing and implementing online years, the Secretary shall review and report (2) EXEMPTION.—The antitrust laws shall courses or components of courses to allow to Congress on all programs funded under not apply to any joint discussion, consider- nontraditional students to obtain an edu- this part to ensure that such programs are ation, review, action, or agreement by or cation when their family or professional re- improving the scores of students partici- among institutions of higher education, or sponsibilities, or both, make it difficult for pating in the program. their representatives, for the purpose of, and them to attend class on campus at ‘‘(b) NON-ELIGIBILITY.—Programs funded limited to, developing and disseminating prespecified, regular times. under this part that are determined by the guidelines designed to end binding early de- ‘‘(4) Offering childcare during the hours Secretary to have not significantly improved cision admissions policies. when students have class or are studying. the average score of participating students (c) RETENTION.— ‘‘(5) Providing transportation assistance to shall no longer be eligible for grants under (1) GRANT PROGRAM.—Part A of title III of students that helps such students manage this part. the Higher Education Act of 1965 (20 U.S.C. their schedules. ‘‘SEC. 1917. AUTHORIZATION OF APPROPRIA- 1057 et seq.) is amended by adding at the end ‘‘(6) Partnering with local businesses to TIONS. the following: create flexible work-hour programs so that ‘‘There are authorized to be appropriated ‘‘SEC. 318. GRANT PROGRAM TO INCREASE STU- students can balance work and school. to carry out this part $50,000,000 for fiscal DENT RETENTION AND PROMOTE ‘‘(7) Offering time management seminars year 2004 and such sums as may be necessary ARTICULATION AGREEMENTS. or personal coaches to help students improve for each of the 5 succeeding fiscal years.’’. ‘‘(a) AUTHORIZATION OF PROGRAM.—The their time management skills. SEC. 302. ADMISSIONS AND RETENTION. Secretary shall award grants, on a competi- ‘‘(8) Any other activities the Secretary be- (a) PROSPECTIVE STUDENT INFORMATION.— tive basis, to eligible institutions to enable lieves will promote retention of students at- Part A of title IV of the Higher Education the institutions to— tending eligible institutions. Act of 1965 (20 U.S.C. 1070 et seq.), as amend- ‘‘(1) focus on increasing traditional and ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ed by section 105, is further amended by add- nontraditional student retention at such in- There is authorized to be appropriated to ing at the end the following: stitutions; and carry out this section $100,000,000 for fiscal ‘‘(2) promote articulation agreements year 2004 and such sums as may be necessary ‘‘Subpart 11—Prospective Student among different institutions that will in- for each of the 5 succeeding fiscal years.’’. Information crease the likelihood of progression of stu- (2) INSTITUTIONAL SUPPORT SERVICES.—Part ‘‘SEC. 420M. REPORTING. dents at such institutions to baccalaureate B of title I of the Higher Education Act of ‘‘(a) IN GENERAL.—An institution of higher degrees. 1965 (20 U.S.C. 1011 et seq.) is amended by education that offers a baccalaureate degree ‘‘(b) DEFINITION OF ELIGIBLE INSTITUTION.— adding at the end the following: and is eligible to receive assistance under In this section, the term ‘eligible institution’ ‘‘SEC. 123. INSTITUTIONAL SUPPORT SERVICES this part shall include in such institution’s means an institution of higher education (as TO INCREASE STUDENT RETENTION. application for assistance under this part the defined in section 101(a)) where not less than ‘‘(a) DETERMINATION OF RATES.— following information: 40 percent of such institution’s student body ‘‘(1) IN GENERAL.—Beginning on the date ‘‘(1) The percentage of freshman students receives financial aid under subpart 1 of part that is 2 years after the date of enactment of enrolled at the institution in the previous A of title IV. this section, and annually thereafter, an in- academic year who were self-identified mem- ‘‘(c) APPLICATION.—An eligible institution stitution of higher education shall determine bers of the following disaggregated cat- that desires a grant under this section shall for the preceding academic year the rates of egories: submit an application to the Secretary at baccalaureate degree completion not later

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than 6 years after enrollment for students may be used to carry out any of the fol- (b) INCREASE IN MAXIMUM STUDENT enrolled at such institution, disaggregated lowing activities: GRANTS.—Section 415C(b)(2) of the Higher by race, gender, and eligibility for Federal ‘‘(I) Providing intensive remedial academic Education Act of 1965 (20 U.S.C. 1070c–2(b)(2)) Pell Grants, if the institution of higher edu- instruction. is amended by striking ‘‘$5,000’’ and inserting cation— ‘‘(II) Designing innovative course sched- ‘‘$12,500’’. ‘‘(A) receives Federal funds; ules to meet the needs of working adults, (c) SPECIAL LEVERAGING EDUCATIONAL AS- ‘‘(B) is eligible for assistance under title such as classes that are concentrated on SISTANCE PARTNERSHIP PROGRAM.—Section IV; weekends or over short periods of time. 415E(a) of the Higher Education Act of 1965 ‘‘(C) is not eligible for assistance under ‘‘(III) Designing and implementing online (20 U.S.C. 1070c–3a(a) is amended by striking section 318; and courses or components of courses to allow ‘‘section 415A(b)(2)’’ and inserting ‘‘section ‘‘(D) awards a baccalaureate degree. nontraditional students to obtain an edu- 415A(b)(2)(A)’’. ‘‘(2) DISAGGREGATION.—An institution of cation when their family or professional re- (d) GRANTS FOR ACCESS AND PERSISTENCE.— higher education shall provide specific sponsibilities, or both, make it difficult for Subpart 4 of part A of title IV of the Higher disaggregated subgroup information under them to attend class on campus at Education Act of 1965 (20 U.S.C. 1070c et seq.) paragraph (1) only if the number of students prespecified, regular times. is amended— in such subgroup is sufficient to yield statis- ‘‘(IV) Offering childcare during the hours (1) by redesignating section 415F as section tically reliable information and reporting when students have class or are studying. 415G; and would not reveal personally identifiable in- ‘‘(V) Providing transportation assistance (2) by inserting after section 415E the fol- formation about an individual. If such num- to students that helps such students manage lowing: ber is not sufficient, the institution of higher their schedules. ‘‘SEC. 415F. GRANTS FOR ACCESS AND PERSIST- education shall note that the institution en- ‘‘(VI) Partnering with local businesses to ENCE. rolled too few of such students to report with create flexible work-hour programs so that ‘‘(a) AUTHORIZATION.—From amounts re- confidence. students can balance work and school. served under section 415A(b)(2)(B) for each ‘‘(b) SUPPORT SERVICES FOR AT RISK STU- ‘‘(VII) Offering time management seminars fiscal year, the Secretary shall make supple- DENTS.— or personal coaches to help students improve mental allotments among States in the same ‘‘(1) IN GENERAL.—Beginning on the date their time management skills. manner as the Secretary makes allotments that is 2 years after the date of enactment of ‘‘(VIII) Any other activities the Secretary among States under section 415B to pay the this section, and annually thereafter, each believes will promote retention of students Federal share of the cost of the authorized institution of higher education that has a attending eligible institutions.’’. activities under subsection (c). disparity of 20 or more percentage points in SEC. 303. FEDERAL TRIO PROGRAM. ‘‘(b) APPLICATION.— the rates determined under subsection (a) be- Section 402A of the Higher Education Act ‘‘(1) IN GENERAL.— tween any 2 or more subgroups in all the of 1965 (20 U.S.C. 1070a–11) is amended— ‘‘(A) SUBMISSION.—A State that desires to disaggregated categories for an academic (1) in subsection (b)(3)— receive a supplemental allotment under this year shall increase, from the level provided (A) in subparagraph (A), by striking section shall submit an application to the in such academic year and in accordance ‘‘$170,000’’ and inserting ‘‘$190,000’’; Secretary at such time, in such manner, and with paragraph (2), support services for the (B) in subparagraph (B), by striking containing such information as the Sec- students in the subgroups in which the bac- ‘‘$180,000’’ and inserting ‘‘$200,000’’; and retary may require. calaureate degree completion rate is 20 or (C) in subparagraph (C), by striking ‘‘(B) CONTENT.—An application submitted more percentage points below the comple- ‘‘$190,000’’ and inserting ‘‘$220,000’’; and under subparagraph (A) shall include both of tion rate for the subgroup with the highest (2) in subsection (f), by striking the first the following: completion rate. sentence and inserting the following: ‘‘For ‘‘(i) A description of the State’s plan for ‘‘(2) AMOUNT OF INCREASE AND ACTIVITIES.— the purpose of making grants and contracts using the supplemental allotment funds. ‘‘(A) INCREASE.—The amount of the in- under this chapter, there are authorized to ‘‘(ii) Assurances that the State will provide crease required under paragraph (1) for an be appropriated $1,250,000,000 for fiscal year matching funds, from State, institutional, academic year shall be equal to 5 percent of 2004 and such sums as may be necessary for philanthropic, or private funds, of not less the amount of assistance received by the in- each of the 5 succeeding fiscal years’’. stitution of higher education under part C of than 33.33 percent of the cost of carrying out SEC. 304. GEAR UP. title IV and subpart 3 of part A of title IV for the activities under subsection (c). The State (a) EARLY INTERVENTION AND COLLEGE such academic year. shall specify the methods by which matching AWARENESS PROGRAM AUTHORIZED.—Section ‘‘(B) ACTIVITIES.— funds will be paid and include provisions de- 404A(b) of the Higher Education Act of 1965 ‘‘(i) MANDATORY ACTIVITIES.—The amount signed to ensure that funds provided under (20 U.S.C. 1070a–21(b)) is amended— of the increase required under paragraph (1) this section will be used to supplement, and (1) in paragraph (1), by inserting ‘‘6 year’’ shall be used to carry out the following ac- not supplant, non-Federal funds available for after ‘‘shall make’’; and tivities: carrying out the activities under subsection (2) by adding at the end the following: ‘‘(I) Offering counseling services to help (c). ‘‘(3) CURRENT GRANTEES.—An eligible enti- students cope with the challenges they are ‘‘(C) APPROVAL.—The Secretary shall ap- ty that has received an award under this sec- facing and identify the services that are prove and fund applications that meet the tion, has performed successfully, and still available to help them persist in their edu- requirements of this section. has need for an award may apply for an addi- cation. ‘‘(2) STATE AGENCY.—The State agency that tional award under this section.’’. ‘‘(II) Making mentors available to all stu- submits an application for a State under sec- (b) AUTHORIZATION OF APPROPRIATIONS.— dents that are at risk for not completing a Section 404H of the Higher Education Act of tion 415C(a) shall be the same State agency degree. 1965 (20 U.S.C. 1070a–28) is amended by strik- that submits an application under paragraph ‘‘(III) Providing detailed assistance to all ing ‘‘$200,000,000 for fiscal year 1999 and such (1) for such State. students who request help in under- sums as may be necessary for each of the 4 ‘‘(3) PARTNERSHIP.— standing— succeeding fiscal years’’ and inserting ‘‘(A) MANDATORY PARTNERS.—In applying ‘‘(aa) the options for financing their edu- ‘‘$500,000,000 for fiscal year 2004 and such for a supplemental allotment under this sec- cation, including information on grants, sums as may be necessary for each of the 5 tion, the State agency shall apply for a sup- loans, and loan repayment programs; succeeding fiscal years’’. plemental allotment in partnership with not ‘‘(bb) the process of applying for financial SEC. 305. LEVERAGING EDUCATIONAL ASSIST- less than 1 public and 1 private degree grant- assistance; ANCE PARTNERSHIP PROGRAM. ing institution of higher education that are ‘‘(cc) the outcome of their financial assist- (a) AUTHORIZATION OF APPROPRIATIONS.— located in the State. ance application; and Section 415A(b) of the Higher Education Act ‘‘(B) PERMISSIVE PARTNERS.—In addition to ‘‘(dd) any unanticipated problems related of 1965 (20 U.S.C. 1070c(b)) is amended by applying for a supplemental allotment under to financing their education that arise. striking paragraphs (1) and (2) and inserting this section in partnership with degree ‘‘(IV) Offering tutoring to all students who the following: granting institutions of higher education, a request assistance with any course or sub- ‘‘(1) IN GENERAL.—There are authorized to State agency may also apply in partnership ject. be appropriated $200,000,000 for fiscal year with philanthropic organizations that are lo- ‘‘(V) Conducting outreach activities so 2004, and such sums as may be necessary for cated in the State and private corporations that all students know that these services each of the 5 succeeding fiscal years. that do business in the State. are available and are aware of how to access ‘‘(2) RESERVATION.—For any fiscal year for ‘‘(c) AUTHORIZED ACTIVITIES.— the services. which the amount appropriated under para- ‘‘(1) IN GENERAL.— ‘‘(VI) Making services listed in subclauses graph (1)— ‘‘(A) ESTABLISHMENT OF PROGRAM.—Each (I) through (IV) available in students’ native ‘‘(A) exceeds $30,000,000, the excess amount State receiving a supplemental allotment languages, if it is not English, if the percent- up to and including $67,000,000 shall be avail- under this section shall use the funds to es- age of students needing translation services able to carry out section 415E; and tablish a program to award access and per- in a specific language exceeds 5 percent. ‘‘(B) exceeds $67,000,000, the excess amount sistence grants to eligible low-income stu- ‘‘(ii) PERMISSIBLE ACTIVITIES.—The amount shall be available to carry out section dents in order to increase the amount of fi- of the increase required under paragraph (1) 415F.’’. nancial assistance such students receive

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.088 S28PT1 S13402 CONGRESSIONAL RECORD — SENATE October 28, 2003 under this subpart for undergraduate edu- award is contingent upon the student’s en- TITLE IV—OPPORTUNITIES AT HISPANIC- cation expenses. rollment at such an institution; SERVING INSTITUTIONS ‘‘(B) AMOUNT.— ‘‘(iii) an estimation of the amount of finan- SEC. 401. POSTBACCALAUREATE OPPORTUNITIES ‘‘(i) PARTNERSHIPS WITH LESS THAN A MA- cial aid a student awarded an access and per- FOR HISPANIC AMERICANS. JORITY OF INSTITUTIONS IN THE STATE.— sistence grant could expect to receive, in- (a) ESTABLISHMENT OF PROGRAM.—Title V ‘‘(I) IN GENERAL.—In the case where a State cluding an estimation of the amount of the of the Higher Education Act of 1965 (20 U.S.C. receiving a supplemental allotment under access and persistence grant and an esti- 1101 et seq.) is amended— this section is in a partnership described in mation of the amount of aid from the major (1) by redesignating part B as part C; subparagraph (A) or (B) of subsection (d)(2), Federal and State financial aid programs; (2) by redesignating sections 511 through the amount of an access and persistence and 518 as sections 521 through 528, respectively; grant awarded by such State shall be not less ‘‘(iv) instructions on how to apply for an and than the amount that is equal to the average access and persistence grant. (3) by inserting after section 505 the fol- undergraduate tuition and mandatory fees at ‘‘(3) GRANT AWARD.—If an eligible student, lowing: 4-year public institutions of higher edu- as determined under paragraph (2), has been ‘‘PART B—PROMOTING POSTBACCA- LAU- cation in the State where the student resides accepted to an institution of higher edu- REATE OPPORTUNITIES FOR HISPANIC (less any other government sponsored grant cation that is a partner in the program, the AMERICANS amount or scholarship amount, or both, re- State shall— ‘‘SEC. 511. FINDINGS AND PURPOSES. ceived by the student) and such amount shall ‘‘(A) notify the student of the amount of ‘‘(a) FINDINGS.—Congress finds the fol- be used toward the cost of attendance at an the access and persistence grant such stu- lowing: institution of higher education, located in dent will receive if such student enrolls at ‘‘(1) According to the United States Cen- the State, that is a partner in the program. such institution; and sus, by the year 2050, 1 in 4 Americans will be ‘‘(II) COST OF ATTENDANCE.—A State that ‘‘(B) inform the student that the access of Hispanic origin. has a program, apart from the program and persistence grant will be awarded and ‘‘(2) Despite the dramatic increase in the under this section, of providing eligible low- grant funds will be distributed when such Hispanic population in the United States, income students with grants that are equal the National Center for Education Statistics to the average undergraduate tuition and student enrolls at such institution. ‘‘(4) DURATION OF AWARD.—An eligible stu- reported that in 1999, Hispanics accounted mandatory fees at 4-year public institutions for only 4 percent of the master’s degrees, 3 of higher education in the State, may in- dent that receives an access and persistence grant under this section shall receive such percent of the doctor’s degrees, and 5 percent crease the amount of access and persistence of first-professional degrees awarded in the grants awarded by such State to an amount grant award for each year of such student’s undergraduate education. United States. that is equal to the average cost of attend- ‘‘(3) Although Hispanics constitute 10 per- ance at 4-year public institutions of higher ‘‘(d) FEDERAL SHARE.— cent of the college enrollment in the United education in the State. ‘‘(1) IN GENERAL.—The Federal share of the States, they comprise only 3 percent of in- ‘‘(ii) PARTNERSHIP WITH A MAJORITY OF IN- cost of the authorized activities described in structional faculty in college and univer- STITUTIONS IN THE STATE.—In the case where subsection (c) for any fiscal year shall be not sities. a State receiving a supplemental allotment more than 66.66 percent. ‘‘(4) The future capacity for research and under this section is in a partnership de- ‘‘(2) FORMULA FOR FEDERAL SHARE.—In advanced study in the United States will re- scribed in subsection (d)(2)(C), the amount of awarding supplemental allotments under quire increasing the number of Hispanics an access and persistence grant awarded by this section, the Secretary shall provide a pursuing postbaccalaureate studies. such State shall be equal to the average cost match of the non-Federal funds provided by ‘‘(5) Hispanic-serving institutions are lead- of attendance at 4-year public institutions of the State in accordance with the following: ing the Nation in increasing the number of higher education in the State where the stu- ‘‘(A) If a State applies for a supplemental Hispanics attaining graduate and profes- dent resides (less any other government allotment under this section in partnership sional degrees. sponsored grant amount or scholarship with only less than a majority of the degree ‘‘(6) Among Hispanics who received mas- amount, or both, received by the student) granting institutions of higher education lo- ter’s degrees in 1999–2000, 25 percent earned and such amount shall be used by the stu- cated in the State, then the Federal share them at Hispanic-serving institutions. dent to attend an institution of higher edu- shall be equal to 50 percent of the cost of car- ‘‘(7) Between 1991 and 2000, the number of cation, located in the State, that is a partner rying out the activities under subsection (c). Hispanic students earning master’s degrees in the program. ‘‘(B) If a State applies for a supplemental at Hispanic-serving institutions grew 136 per- ‘‘(2) ELIGIBLE LOW-INCOME STUDENTS.— allotment under this section in partnership cent, the number receiving doctor’s degrees ‘‘(A) IN GENERAL.—Each State receiving a grew by 85 percent, and the number earning supplemental allotment under this section with less than a majority of the degree granting institutions of higher education lo- first-professional degrees grew by 47 percent. shall— ‘‘(8) It is in the National interest to expand ‘‘(i) annually make a determination of cated in the State, philanthropic organiza- tions located in the State, and private cor- the capacity of Hispanic-serving institutions which students in grade 7 through grade 12 in to offer graduate and professional degree the State are eligible to receive an access porations doing business in the State, then the Federal share shall be equal to 57 percent programs. and persistence grant if such students grad- ‘‘(9) Research is a key element in graduate uate from secondary school and enroll at an of the cost of carrying out the activities under subsection (c). education and undergraduate preparation, institution of higher education that is a particularly in science and technology, and partner in the program; and ‘‘(C) If a State applies for a supplemental allotment under this section in partnership Congress desires to strengthen the role of re- ‘‘(ii) notify such students of their eligi- search at Hispanic serving-institutions. Uni- bility to receive an access and persistence with a majority of the degree granting insti- tutions of higher education located in the versity research, whether performed directly grant. or through a university’s nonprofit research ‘‘(B) PRIORITY.—In determining which stu- State, philanthropic organizations located in the State, and private corporations doing institute or foundation, is considered an in- dents are eligible to receive access and per- tegral part of the institution and mission of sistence grants, the State shall give priority business in the State, then the Federal share shall be equal to 66.66 percent of the cost of the university. to students— ‘‘(b) PURPOSES.—The purposes of this part ‘‘(i) with an expected family contribution carrying out the activities under subsection (c). are— equal to zero (as described in section 479(c)); ‘‘(1) to expand postbaccalaureate edu- ‘‘(ii) who are participating in, or have par- ‘‘(e) APPLICABILITY RULE.—The provisions cational opportunities for, and improve the ticipated in, a Federal, State, institutional, of this subpart which are not inconsistent academic attainment of, Hispanic students; or community early intervention program, with this section shall apply to the program and as recognized by the State agency admin- authorized by this section. ‘‘(2) to expand and enhance the istering the program; and postbaccalaureate academic offerings of high ‘‘(f) MAINTENANCE OF EFFORT REQUIRE- ‘‘(iii) who qualify for a free or reduced quality that are educating the majority of price lunch under the Richard B. Russell Na- MENT.—Each State receiving a supplemental Hispanic college students and helping large tional School Lunch Act (42 U.S.C. 1751 et allotment under this section for a fiscal year numbers of Hispanic students and low-in- seq.). shall provide the Secretary an assurance come individuals complete postsecondary de- ‘‘(C) CONTENT OF NOTICE.—The notification that the aggregate amount expended per stu- grees. under subparagraph (A)(ii) shall include— dent or the aggregate expenditures by the ‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGI- ‘‘(i) information that a student’s candidacy State, from funds derived from non-Federal BILITY. for an access and persistence grant is en- sources, for the authorized activities de- ‘‘(a) PROGRAM AUTHORIZED.—Subject to the hanced through participation in an early scribed in subsection (c) for the preceding availability of funds appropriated to carry intervention program; out this part, the Secretary shall award com- fiscal year were not less than the amount ex- ‘‘(ii) information that the grant award petitive grants to eligible institutions. shall be used toward the cost of attendance pended per student or the aggregate expendi- ‘‘(b) ELIGIBILITY.—For the purposes of this at an institution of higher education that is ture by the State for the activities for the part, an ‘eligible institution’ means an insti- a partner in the program and therefore such second preceding fiscal year.’’. tution of higher education that—

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‘‘(1) is a Hispanic-serving institution (as (d) CONFORMING AMENDMENTS.—Title V of ‘‘(BB) Kentucky State University qualified defined under section 502); and the Higher Education Act of 1965 (20 U.S.C. graduate programs; ‘‘(2) offers a postbaccalaureate certificate 1101 et seq.) is amended— ‘‘(CC) Langston University qualified grad- or degree granting program. (1) in section 502— uate programs; ‘‘SEC. 513. AUTHORIZED ACTIVITIES. (A) in subsection (a)(2)(A)(ii), by striking ‘‘(DD) Lincoln University (MO) qualified ‘‘Grants awarded under this part shall be ‘‘section 512(b)’’ and inserting ‘‘section graduate programs; used for 1 or more of the following activities: 522(b)’’; and ‘‘(EE) Prairie View A&M University quali- ‘‘(1) Purchase, rental, or lease of scientific (B) in subsection (b)(2), by striking ‘‘sec- fied graduate programs; or laboratory equipment for educational pur- tion 512(a)’’ and inserting ‘‘section 522(a)’’; ‘‘(FF) South Carolina State University poses, including instructional and research (2) in section 521(c)(6) (as redesignated by qualified graduate programs; purposes. subsection (a)(2)), by striking ‘‘section 516’’ ‘‘(GG) Southern University & A&M College ‘‘(2) Construction, maintenance, renova- and inserting ‘‘section 526’’; and qualified graduate programs; tion, and improvement in classroom, library, (3) in section 526 (as redesignated by sub- ‘‘(HH) University of the District of Colum- laboratory, and other instructional facili- section (a)(2)), by striking ‘‘section 518’’ and bia qualified graduate programs; and ties, including purchase or rental of tele- inserting ‘‘section 528’’. ‘‘(II) Virginia State University qualified communications technology equipment or SEC. 402. DEFINITIONS. graduate programs.’’; and services. Section 502(a) of the Higher Education Act (B) in paragraph (2)— ‘‘(3) Purchase of library books, periodicals, of 1965 (20 U.S.C. 1101a(a)) is amended— (i) in subparagraph (A), by inserting ‘‘busi- technical and other scientific journals, (1) in paragraph (5)— ness administration, computer or informa- microfilm, microfiche, and other educational (A) in subparagraph (A), by inserting tion science, nursing and allied health,’’ materials, including telecommunications ‘‘and’’ after the semicolon; after ‘‘physical or natural sciences,’’; and program materials. (B) in subparagraph (B), by striking ‘‘; (ii) in subparagraph (B), by striking ‘‘not ‘‘(4) Support for needy postbaccalaureate and’’ and inserting a period; and more than 10 percent’’ and inserting ‘‘not students including outreach, academic sup- (C) by striking subparagraph (C); and more than 30 percent’’; port services, mentoring, scholarships, fel- (2) by striking paragraph (7). (4) by striking subsection (f) and inserting lowships, and other financial assistance to SEC. 403. AUTHORIZED ACTIVITIES. the following: permit the enrollment of such students in Section 503(b)(7) of the Higher Education postbaccalaureate certificate and degree Act of 1965 (20 U.S.C. 1101b(b)(7)) is amended ‘‘(f) FUNDING RULE.—Subject to subsection granting programs. to read as follows: (g), of the amount appropriated to carry out ‘‘(5) Support of faculty exchanges, faculty ‘‘(7) Articulation agreements and student this section for any fiscal year— development, faculty research, curriculum support programs designed to facilitate the ‘‘(1) the first $26,600,000 (or any lesser development, and academic instruction. transfer from 2-year to 4-year institutions.’’. amount appropriated) shall be available only ‘‘(6) Creating or improving facilities for SEC. 404. ELIMINATION OF WAIT-OUT PERIOD. for the purposes of making grants to institu- Internet or other distance learning academic Section 504(a) of the Higher Education Act tions or programs described in subpara- instruction capabilities, including purchase of 1965 (20 U.S.C. 1101c(a)) is amended to read graphs (A) through (P) of subsection (e)(1); or rental of telecommunications technology as follows: ‘‘(2) any amount in excess of $26,600,000, but equipment or services. ‘‘(a) AWARD PERIOD.—The Secretary may not in excess of $28,600,000, shall be available ‘‘(7) Collaboration with other institutions award a grant to a Hispanic-serving institu- for the purpose of making grants to institu- of higher education to expand tion under this title for 5 years.’’. tions or programs described in subpara- postbaccalaureate certificate and degree of- SEC. 405. APPLICATION PRIORITY. graphs (Q) and (R) of subsection (e)(1); ferings. ‘‘(3) any amount in excess of $28,600,000, but ‘‘(8) Other activities proposed in the appli- Section 521(d) of the Higher Education Act of 1965 (as redesignated by section 401(a)(2)) not in excess of $45,600,000, shall be available cation submitted pursuant to section 514 for the purpose of making grants to institu- that— is amended by striking ‘‘(from funds other than funds provided under this title)’’. tions or programs described in subpara- ‘‘(A) contribute to carrying out the pur- graphs (S) through (II) of subsection (e)(1); poses of this part; and TITLE V—HISTORICALLY BLACK ‘‘(4) any amount in excess of $45,600,000, but ‘‘(B) are approved by the Secretary as part COLLEGES AND UNIVERSITIES not in excess of $63,100,000, shall be available of the review and acceptance of such applica- SEC. 501. PROFESSIONAL OR GRADUATE INSTITU- for the purpose of increasing the grant tion. TIONS. amounts to not more than $1,500,000 to each Section 326 of the Higher Education Act of ‘‘SEC. 514. APPLICATION AND DURATION. institution or program described in subpara- 1965 (20 U.S.C. 1063b) is amended— ‘‘(a) APPLICATION.—Any eligible institution graphs (A) through (II) of subsection (e)(1); (1) in subsection (a)— may apply for a grant under this part by sub- and (A) in paragraph (1), by inserting ‘‘business mitting an application to the Secretary at ‘‘(5) any amount in excess of $63,100,000, such time and in such manner as determined administration, computer or information shall be made available to each of the insti- by the Secretary. Such application shall science, nursing and allied health,’’ after tutions or programs identified in subpara- demonstrate how the grant funds will be ‘‘engineering,’’; and graphs (A) through (II) of subsection (e)(1) used to improve postbaccalaureate education (B) in paragraph (2), by striking pursuant to a formula developed by the Sec- opportunities for Hispanic and low-income ‘‘$1,000,000’’ both places such term appears retary that uses the following elements: students and will lead to such students’ and inserting ‘‘$1,500,000’’; ‘‘(A) The ability of the institution to greater financial independence. (2) in subsection (d)(2), by striking match Federal funds with non-Federal funds. ‘‘(b) DURATION.—Grants under this part ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; shall be awarded for a period not to exceed 5 (3) in subsection (e)— ‘‘(B) The number of students enrolled in years. (A) in paragraph (1)— the programs for which the eligible institu- ‘‘(c) LIMITATION.—The Secretary shall not (i) in subparagraph (Q), by striking ‘‘and’’ tion received funding under this section in award more than 1 grant under this part in after the semicolon; the previous year. any fiscal year to any Hispanic-serving insti- (ii) in subparagraph (R), by striking the pe- ‘‘(C) The average cost of education per stu- tution.’’. riod at the end and inserting a semicolon; dent, for all full-time graduate or profes- (b) COOPERATIVE ARRANGEMENTS.—Section and sional students (or the equivalent) enrolled 524 of the Higher Education Act of 1965 (as (iii) by adding at the end the following: in the eligible professional or graduate redesignated by subsection (a)(2)) is amended ‘‘(S) Alabama State University qualified school, or for doctoral students enrolled in by inserting ‘‘and section 513’’ after ‘‘section graduate programs; the qualified graduate programs. 503’’. ‘‘(T) Albany State University qualified ‘‘(D) The number of students in the pre- (c) AUTHORIZATION OF APPROPRIATIONS.— graduate programs; vious year who received their first profes- Section 528(a) of the Higher Education Act of ‘‘(U) Alcorn State University qualified sional or doctoral degree from the programs 1965 (as redesignated by subsection (a)(2)) is graduate programs; for which the eligible institution received amended to read as follows: ‘‘(V) Bowie State University qualified funding under this section in the previous ‘‘(a) AUTHORIZATIONS.— graduate programs; year. ‘‘(1) PART A.—There are authorized to be ‘‘(W) Coppin State University qualified ‘‘(E) The contribution, on a percent basis, appropriated to carry out part A of this title graduate programs; of the programs for which the institution is $175,000,000 for fiscal year 2004 and such sums ‘‘(X) Delaware State University qualified eligible to receive funds under this section to as may be necessary for each of the 5 suc- graduate programs; the total number of African-Americans re- ceeding fiscal years. ‘‘(Y) Feyetteville State University quali- ceiving graduate or professional degrees in ‘‘(2) PART B.—There are authorized to be fied graduate programs; the professions or disciplines related to the appropriated to carry out part B of this title ‘‘(Z) Fisk University qualified graduate programs for the previous year.’’; and $125,000,000 for fiscal year 2004 and such sums programs; (5) in subsection (g), by striking ‘‘para- as may be necessary for each of the 5 suc- ‘‘(AA) Grambling State University quali- graphs (2) and (3) of subsection (f)’’ and in- ceeding fiscal years.’’. fied graduate programs; serting ‘‘subsection (f)’’.

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SEC. 502. GRADUATE AND PROFESSIONAL DE- match any portion of the first $500,000 of the ‘‘(b) DESIGNATION.—Each recipient of a fel- GREE DEVELOPMENT PROGRAM. college or university’s award from the Sec- lowship award from an eligible institution Part B of title III of the Higher Education retary. receiving a grant under this subpart shall be Act of 1965 (20 U.S.C. 1060 et seq.) is amend- ‘‘(h) TWO GRANTS PER INSTITUTION.—The known as a ‘Patsy T. Mink Graduate Fellow’. ed— Secretary may award not more than 2 grants ‘‘SEC. 732. DEFINITION OF ELIGIBLE INSTITU- (1) by redesignating section 327 as section or an aggregate amount of $1,000,000 under TION. 328; and this section in any fiscal year to any institu- ‘‘In this subpart, the term ‘eligible institu- (2) by inserting after section 326 the fol- tion of higher education or university sys- tion’ means an institution of higher edu- lowing: tem. cation, or a consortium of such institutions, ‘‘SEC. 327. GRADUATE AND PROFESSIONAL DE- ‘‘(i) INSTITUTIONAL CHOICE.—The president that offers a program of postbaccalaureate GREE DEVELOPMENT PROGRAM. or chancellor of the college or university study leading to a graduate degree. ‘‘(a) GRANT AUTHORITY.—The Secretary is may select the program for which to seek ‘‘SEC. 733. PROGRAM AUTHORIZED. authorized to award grants to eligible his- funding. ‘‘(a) GRANTS BY SECRETARY.— torically Black colleges and universities to ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall enable such colleges and universities to— There are authorized to be appropriated to award grants to eligible institutions to en- ‘‘(1) develop masters, doctoral, or profes- carry out this section $30,000,000 for fiscal able such institutions to make fellowship sional degree programs; and year 2004 and such sums as may be necessary awards to individuals in accordance with the ‘‘(2) provide assistance, through fellowship for each of the 5 succeeding fiscal years.’’. provisions of this subpart. awards, to graduate students at such col- SEC. 503. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) PRIORITY CONSIDERATION.—In awarding leges and universities. (a) GRANTS TO INSTITUTIONS.—Section grants under this subpart, the Secretary ‘‘(b) ELIGIBLE GRANT RECIPIENT.—Eligi- 323(a) of the Higher Education Act of 1965 (20 shall consider the eligible institution’s prior bility to receive grants under this section is U.S.C. 1062(a)) is amended by striking ‘‘sec- experience in producing doctoral degree, or limited to historically Black colleges and tion 360(a)(2)’’ and inserting ‘‘section highest possible degree available, holders universities that are making a substantial 399(a)(2)(C)’’. who are minorities and women, and shall contribution to the education of African- (b) AUTHORIZATION.—Section 399(a) of the give priority consideration in making grants Americans. Higher Education Act of 1965 (20 U.S.C. under this subpart to those eligible institu- ‘‘(c) APPLICATION.—An eligible historically 1068h(a)) is amended— tions with a demonstrated record of pro- Black college or university that desires to (1) in paragraph (2)— ducing minorities and women who have receive a grant under this section shall sub- (A) in subparagraph (A), by striking ‘‘sec- earned such degrees. mit an application to the Secretary that— tion 326’’ and inserting ‘‘sections 323 and ‘‘(b) APPLICATIONS.— ‘‘(1) demonstrates how the grant funds will 326’’; ‘‘(1) IN GENERAL.—An eligible institution be used to improve— (B) in subparagraph (B), by striking that desires a grant under this subpart shall ‘‘(A) graduate educational opportunities ‘‘$35,000,000 for fiscal year 1999, and such submit an application to the Secretary at for African-American and low-income stu- sums as may be necessary for each of the 4 such time, in such manner, and containing dents; and succeeding fiscal years’’ and inserting such information as the Secretary may re- ‘‘(B) the financial independence of such ‘‘$75,000,000 for fiscal year 2004, and such quire. students; sums as may be necessary for each of the 5 ‘‘(2) APPLICATIONS MADE ON BEHALF.— ‘‘(2) provides, in the case of applications succeeding fiscal years’’; and ‘‘(A) IN GENERAL.—The following entities for grants in excess of $500,000, the assur- (C) by adding at the end the following: may submit an application on behalf of an ances required by subsection (g) and specifies ‘‘(C) There are authorized to be appro- eligible institution: the manner in which the college or univer- priated to carry out section 323, $250,000,000 ‘‘(i) A graduate school or department of sity is going to pay the non-Federal share of for fiscal year 2004, and such sums as may be such institution. the cost of the application; and necessary for each of the 5 succeeding fiscal ‘‘(ii) A graduate school or department of ‘‘(3) contains such information as the Sec- years’’; such institution in collaboration with an un- retary may require. (2) in paragraph (3), by striking ‘‘$10,000,000 dergraduate college or university of such in- ‘‘(d) PRIORITY.—In awarding grants under for fiscal year 1999, and such sums as may be stitution. this section, the Secretary shall give pri- necessary for each of the 4 succeeding fiscal ‘‘(iii) An organizational unit within such ority consideration to those eligible histori- years’’ and inserting ‘‘$25,000,000 for fiscal institution that offers a program of cally Black colleges and universities desiring year 2004, and such sums as may be necessary postbaccalaureate study leading to a grad- to support programs and graduate students for each of the 5 succeeding fiscal years’’; uate degree, including an interdisciplinary in areas of national need or academic dis- and or an interdepartmental program. ciplines in which African-Americans are (3) in paragraph (5), by striking ‘‘$10,000,000 ‘‘(iv) A nonprofit organization with a dem- underrepresented. for fiscal year 1999, and such sums as may be onstrated record of helping minorities and ‘‘(e) USE OF FUNDS.—An eligible histori- necessary for each of the 4 succeeding fiscal women earn postbaccalaureate degrees. cally Black college or university that re- years’’ and inserting ‘‘$20,000,000 for fiscal ‘‘(B) NONPROFIT ORGANIZATIONS.—Nothing ceives a grant under this section may use the year 2004, and such sums as may be necessary in this paragraph shall be construed to per- grant funds for— for each of the 5 succeeding fiscal years’’. ‘‘(1) purchase, rental, or lease of equipment mit the Secretary to award a grant under SEC. 504. PATSY T. MINK FELLOWSHIP PROGRAM. for educational purposes, including instruc- this subpart to an entity other than an eligi- Part A of title VII of the Higher Education tional and research purposes; ble institution. Act of 1965 (20 U.S.C. 1134 et seq.) is amend- ‘‘(2) construction, maintenance, renova- ‘‘(c) SELECTION OF APPLICATIONS.—In ed— tion, and improvement in classroom, library, awarding grants under subsection (a), the (1) by redesignating subpart 4 as subpart 5; laboratory, and other instructional facili- Secretary shall— (2) by redesignating section 731 as section ties, including purchase or rental of tele- ‘‘(1) take into account the number and dis- 741; communications technology equipment or tribution of minority and female faculty na- (3) in section 741 (as redesignated by para- services; tionally, as well as the current and projected graph (2))— ‘‘(3) purchase of library books, periodicals, need for highly trained individuals in all (A) in subsection (a), by striking ‘‘and 3’’ journals, microfilm, microfiche, and other areas of the higher education professoriate; and inserting ‘‘3, and 4’’; educational materials, including tele- ‘‘(2) take into account the number and dis- (B) in subsection (b), by striking ‘‘and 3’’ communications program materials; tribution of minority and female faculty na- and inserting ‘‘3, and 4’’; and ‘‘(4) scholarships, fellowships, and other fi- tionally, as well as the present and projected (C) in subsection (d), by striking ‘‘or 3’’ and nancial assistance for needy graduate and need for highly trained individuals in aca- inserting ‘‘3, or 4’’; and professional students to permit the enroll- demic career fields in which minorities and (4) by inserting after subpart 3 the fol- ment of the students in and completion of women are underrepresented in the higher lowing: the graduate or professional degree; and education professoriate; and ‘‘(5) assistance in the establishment or ‘‘Subpart 4—Patsy T. Mink Fellowship ‘‘(3) consider the need to prepare a large maintenance of an institutional endowment Program number of minorities and women generally to facilitate financial independence pursuant ‘‘SEC. 731. PURPOSE AND DESIGNATION. in academic career fields of high national to section 331. ‘‘(a) PURPOSE.—It is the purpose of this priority, especially in areas in which such in- ‘‘(f) DURATION.—Grants shall be made for a subpart to provide, through eligible institu- dividuals are traditionally underrepresented period not to exceed 5 years. tions, a program of fellowship awards to as- in college and university faculties. ‘‘(g) FUNDING RULE.—No grant in excess of sist highly qualified minorities and women ‘‘(d) DISTRIBUTION AND AMOUNTS OF $500,000 may be made under this section un- to acquire the doctoral degree, or highest GRANTS.— less the college or university provides assur- possible degree available, in academic areas ‘‘(1) EQUITABLE DISTRIBUTION.—In awarding ances that 50 percent of the cost of the pur- in which such individuals are underrep- grants under subsection (a), the Secretary poses for which the grant is made will be resented for the purpose of enabling such in- shall, to the maximum extent feasible, en- paid from non-Federal sources, except that dividuals to enter the higher education pro- sure an equitable geographic distribution of no college or university shall be required to fessoriate. awards and an equitable distribution among

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.088 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13405 public and independent eligible institutions ‘‘SEC. 734. FELLOWSHIP RECIPIENTS. ‘‘(2) hire a Patsy T. Mink Fellow who com- that apply for grants under this subpart and ‘‘(a) AUTHORIZATION.—An eligible institu- pletes this program and seeks employment that demonstrate an ability to achieve the tion that receives a grant under this subpart at such institution. purpose of this subpart. shall use the grant funds to make fellowship ‘‘SEC. 736. AUTHORIZATION OF APPROPRIATIONS. ‘‘(2) SPECIAL RULE.—To the maximum ex- awards to minorities and women who are en- ‘‘There is authorized to be appropriated to tent practicable, the Secretary shall use not rolled at such institution in a doctoral de- carry out this subpart $25,000,000 for fiscal less than 50 percent of the amount appro- gree, or highest possible degree available, year 2004 and such sums as may be necessary priated pursuant to section 736 to award program and— for each of the 5 succeeding fiscal years.’’. ‘‘(1) intend to pursue a career in instruc- grants to the following eligible institutions: TITLE VI—RECRUITMENT OF TEACHERS ‘‘(A) Eligible institutions that are eligible tion at— ‘‘(A) an institution of higher education (as TO TEACH AT TRIBAL COLLEGES OR for assistance under title III or title V. UNIVERSITIES ‘‘(B) Eligible institutions that are eligible defined in section 101); institutions, as defined in section 312. ‘‘(B) an institution of higher education (as SEC. 601. LOAN REPAYMENT OR CANCELLATION FOR INDIVIDUALS WHO TEACH IN ‘‘(C) Eligible institutions that are Tribal defined in section 102(a)(1)); ‘‘(C) an institution of higher education TRIBAL COLLEGES OR UNIVER- Colleges or Universities, as defined in sec- SITIES. tion 316. outside the United States, as that term is de- scribed in section 102(a)(2); or (a) SHORT TITLE.—This title may be cited ‘‘(D) Eligible institutions that are Alaska as the ‘‘Tribal Colleges and Universities Native-serving institutions, as defined in ‘‘(D) a proprietary institution of higher education (as defined in section 102(b)); and Teacher Loan Forgiveness Act’’. section 317. (b) PERKINS LOANS.— ‘‘(E) Eligible institutions that are Native- ‘‘(2) sign an agreement with the Secretary agreeing to, within 5 years of receiving the (1) AMENDMENT.—Section 465(a) of the Hawaiian-serving institutions, as defined in Higher Education Act of 1965 (20 U.S.C. section 317. doctoral degree, or highest possible degree available, begin employment at an institu- 1087ee(a)) is amended— ‘‘(F) Eligible institutions that are part B tion described in paragraph (1) for 1 year for (A) in paragraph (2)— institutions, as defined in section 322. each year of fellowship assistance received (i) in subparagraph (H), by striking ‘‘or’’ ‘‘(G) Eligible institutions that are eligible under this subpart. after the semicolon; institutions, as defined in section 502. ‘‘(b) FAILURE TO COMPLY.—If an individual (ii) in subparagraph (I), by striking the pe- ‘‘(H) Consortia of eligible institutions that who receives a fellowship award under this riod and inserting ‘‘; or’’; and are nonminority-serving institutions and eli- subpart fails to comply with the agreement (iii) by adding at the end the following: gible institutions that are minority-serving signed pursuant to subsection (a)(2), then the ‘‘(J) as a full-time teacher at a Tribal Col- institutions. Secretary shall do 1 or both of the following: lege or University as defined in section ‘‘(3) ALLOCATION.—In awarding grants ‘‘(1) Require the individual to repay all or 316(b).’’; and under this subpart, the Secretary shall allo- the applicable portion of the total fellowship (B) in paragraph (3)(A)(i), by striking ‘‘or cate appropriate funds to those eligible insti- amount awarded to the individual by con- (I)’’ and inserting ‘‘(I), or (J)’’. tutions whose applications indicate an abil- verting the balance due to a loan at the in- (2) EFFECTIVE DATE.—The amendments ity to significantly increase the numbers of terest rate applicable to loans made under made by paragraph (1) shall be effective for minorities and women entering the higher part B of title IV. service performed during academic year 1998– education professoriate and that commit in- ‘‘(2) Impose a fine or penalty in an amount 1999 and succeeding academic years, notwith- stitutional resources to the attainment of to be determined by the Secretary. standing any contrary provision of the prom- the purpose of this subpart. An eligible insti- ‘‘(c) WAIVER AND MODIFICATION.— issory note under which a loan under part E tution that receives a grant under this sub- ‘‘(1) REGULATIONS.—The Secretary shall of title IV of the Higher Education Act of part shall make not less than 15 fellowship promulgate regulations setting forth criteria 1965 (20 U.S.C. 1087aa et seq.) was made. awards. to be considered in granting a waiver for the (c) FFEL AND DIRECT LOANS.—Part G of ‘‘(4) REALLOTMENT.—If the Secretary deter- service requirement under subsection (a). title IV of the Higher Education Act of 1965 mines that an eligible institution awarded a ‘‘(2) CONTENT.—The criteria under para- (20 U.S.C. 1088 et seq.) is amended by adding grant under this subpart is unable to use all graph (1) shall include whether compliance at the end the following: of the grant funds awarded to the institu- with the service requirement by the fellow- ‘‘SEC. 493C. LOAN REPAYMENT OR CANCELLA- tion, the Secretary shall reallot, on such ship recipient would be— TION FOR INDIVIDUALS WHO TEACH date during each fiscal year as the Secretary ‘‘(A) inequitable and represent a substan- IN TRIBAL COLLEGES OR UNIVER- may fix, the funds that are not usable to tial hardship; or SITIES. other eligible institutions that demonstrate ‘‘(B) deemed impossible because the indi- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary that such institutions can use any reallo- vidual is permanently and totally disabled at shall carry out a program, through the hold- cated grant funds to make fellowship awards the time of the waiver request. er of a loan, of assuming or canceling the ob- to individuals under this subpart. ‘‘(d) AMOUNT OF FELLOWSHIP AWARDS.—Fel- ligation to repay a qualified loan amount, in lowship awards under this subpart shall con- accordance with subsection (b), for any new ‘‘(e) INSTITUTIONAL ALLOWANCE.— sist of a stipend in an amount equal to the borrower on or after the date of enactment ‘‘(1) IN GENERAL.— level of support provided to the National of this section, who— ‘‘(A) NUMBER OF ALLOWANCES.—In awarding Science Foundation graduate fellows, except ‘‘(1) has been employed as a full-time grants under this subpart, the Secretary that such stipend shall be adjusted as nec- teacher at a Tribal College or University as shall pay to each eligible institution award- essary so as not to exceed the fellow’s tui- defined in section 316(b); and ed a grant, for each individual awarded a fel- tion and fees or demonstrated need (as deter- ‘‘(2) is not in default on a loan for which lowship by such institution under this sub- mined by the institution of higher education the borrower seeks repayment or cancella- part, an institutional allowance. where the graduate student is enrolled), tion. ‘‘(B) AMOUNT.—Except as provided in para- whichever is greater. ‘‘(b) QUALIFIED LOAN AMOUNTS.— graph (3), an institutional allowance shall be ‘‘(e) ACADEMIC PROGRESS REQUIRED.—An in- ‘‘(1) PERCENTAGES.—Subject to paragraph in an amount equal to, for academic year dividual shall not be eligible to receive a fel- (2), the Secretary shall assume or cancel the 2005–2006 and succeeding academic years, the lowship award— obligation to repay under this section— amount of institutional allowance made to ‘‘(1) except during periods in which such ‘‘(A) 15 percent of the amount of all loans an institution of higher education under sec- student is enrolled, such student is main- made, insured, or guaranteed after the date tion 715. taining satisfactory academic progress in, of enactment of this section to a student ‘‘(2) USE OF FUNDS.—Institutional allow- devoting essentially full time to, study or re- under part B or D, for the first or second ances may be expended in the discretion of search in the pursuit of the degree for which year of employment described in subsection the eligible institution and may be used to the fellowship support was awarded; and (a)(1); provide, except as prohibited under para- ‘‘(2) if the student is engaged in gainful ‘‘(B) 20 percent of such total amount, for graph (4), academic support and career tran- employment other than part-time employ- the third or fourth year of such employment; sition services for individuals awarded fel- ment involved in teaching, research, or simi- and lowships by such institution. lar activity determined by the institution to ‘‘(C) 30 percent of such total amount, for ‘‘(3) REDUCTION.—The institutional allow- be consistent with and supportive of the stu- the fifth year of such employment. ance paid under paragraph (1) shall be re- dent’s progress toward the appropriate de- ‘‘(2) MAXIMUM.—The Secretary shall not duced by the amount the institution charges gree. repay or cancel under this section more than and collects from a fellowship recipient for ‘‘SEC. 735. RULE OF CONSTRUCTION. $15,000 in the aggregate of loans made, in- tuition and other expenses as part of the re- ‘‘Nothing in this subpart shall be con- sured, or guaranteed under parts B and D for cipient’s instructional program. strued to require an eligible institution that any student. ‘‘(4) USE FOR OVERHEAD PROHIBITED.—Funds receives a grant under this subpart to— ‘‘(3) TREATMENT OF CONSOLIDATION LOANS.— made available pursuant to this subpart may ‘‘(1) grant a preference or to differentially A loan amount for a loan made under section not be used for general operational overhead treat any applicant for a faculty position as 428C may be a qualified loan amount for the of the academic department or institution a result of the institution’s participation in purposes of this subsection only to the ex- receiving funds under this subpart. the program under this subpart; and tent that such loan amount was used to

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.088 S28PT1 S13406 CONGRESSIONAL RECORD — SENATE October 28, 2003 repay a loan made, insured, or guaranteed working families. Two decades ago, universities by pooling resources, mak- under part B or D for a borrower who meets Pell grants covered 84 percent of aver- ing joint purchase of supplies or em- the requirements of subsection (a), as deter- age costs at four-year universities; ployee benefits, and creating joint de- mined in accordance with regulations pre- today they cover less than 30 percent. gree programs. scribed by the Secretary. Recently, a 20-member consortium of ‘‘(c) REGULATIONS.—The Secretary is au- This bill will reverse this downward thorized to issue such regulations as may be trend by raising the maximum Pell Wisconsin universities spent $285,000 on necessary to carry out the provisions of this Grant for students by $450, from $4,050 staff and resources to find a way to section. to $4,500. purchase health care jointly. In the ‘‘(d) CONSTRUCTION.—Nothing in this sec- The bill works through the tax code first year, they realized a savings of tion shall be construed to authorize any re- and student loans to make sure stu- $3.8 million. That is a pretty impres- funding of any repayment of a loan. dents are getting the financial support sive return on an investment of ‘‘(e) PREVENTION OF DOUBLE BENEFITS.—No borrower may, for the same service, receive that they need on the most favorable $285,000. Building on this type of initia- a benefit under both this section and subtitle terms. We eliminate origination fees tive, our bill provides grants of $200,000 D of title I of the National and Community on subsidized student loans, double the to consortia in other states around the Service Act of 1990 (42 U.S.C. 12571 et seq.). size of the Hope Credit, and allow col- country to incentivize these same ‘‘(f) DEFINITION.—For purposes of this sec- lege graduates a chance to refinance kinds of cost-cutting measures, meas- tion, the term ‘year’, when applied to em- their consolidated loans so that they ures that have no effect on academic ployment as a teacher, means an academic can take advantage of today’s histori- mission or quality of student life. year as defined by the Secretary.’’. cally low interest rates. In the end, it is essential in this re- SEC. 602. AMOUNTS FORGIVEN NOT TREATED AS GROSS INCOME. QUAD works to level the playing authorization that we do everything we The amount of any loan that is assumed or field in admissions by requiring univer- can to ensure that qualified students canceled under an amendment made by this sities and colleges to be more up-front are not being locked out of college. The title shall not, consistent with section 108(f) about their admissions policies and by economic costs for families would be of the Internal Revenue Code of 1986, be creating a grant program so that low- immense. A full-time worker with a treated as gross income for Federal income income students and minority students bachelor’s degree earns about 60 per- tax purposes. have available to them college test cent more than a full-time worker with Mr. DODD. Mr. President, I rise preparation programs that on average only a high school diploma. Over a life- today with Senators KENNEDY, BINGA- increase a student’s SAT score by 100 time, the gap in earnings exceeds $1 MAN, REED, CLINTON and MURRAY to in- points. million. troduce the Democratic proposal to re- The bill creates two new retention I hope our colleagues who are not co- authorize the Higher Education Act, programs to ensure that students that sponsoring this bill will give it serious the College Quality, Affordability and start college complete their degrees. consideration. By working together, I Diversity Improvement Act of 2003 Low-income students are half as likely believe that the Senate as a body can (QUAD). as upper income students to complete a act to ensure that every young person The Higher Education Act authorizes bachelor’s degree in four years. Afri- in our Nation has an opportunity to the Federal Government’s major ac- can-American students are half as like- rise as high as their talents, dreams tivities as they relate to financial as- ly as white students to graduate, and and determination will take them. sistance for students attending colleges four in ten Hispanics who enroll in Mr. BINGAMAN. Mr. President, I rise and universities. It provides aid to in- four-year institutions drop out within today in support of the College Qual- stitutions of higher education, services three years. ity, Affordability and Diversity Im- to help students complete high school QUAD will improve opportunities for provement Act of 2003, or QUAD, intro- and enter and succeed in postsecondary undergraduates and graduate students duced by Senator KENNEDY and cospon- education, and mechanisms to improve at Minority Serving Institutions by sored by Senators DODD, MURRAY, the training of teachers. creating new grant programs, removing REED, CLINTON, and myself. According to a recent CRS report, regulatory burdens and increasing the Since 1998, when Congress last reau- tuition went up last year at four-year funding levels of current initiatives. thorized the Higher Education Act, en- public universities from 1.9 percent in The bill also helps colleges and school rollment in institutions of higher edu- New York to 23.8 percent in Massachu- districts recruit and train more highly cation has risen to an all-time high, setts. In Connecticut, tuition went up qualified teachers and provides better growing by nearly one million stu- 8.1 percent. According to the College training for principals and superintend- dents. Half of these new enrollments Board, the average cost of attending a ents. are minority students, nearly 200,000 of public four-year college including tui- In addition to all of this, QUAD di- which are of Hispanic origin. Projec- tion, fees, room and board is over rectly addresses the problem of rising tions show that enrollment in higher $9,000. For private four-year colleges, college costs. This bill puts into place education will only continue to grow in the average cost is over $24,000. An- a requirement that states maintain the coming years. The increased de- other study indicates that 29 percent of their portion of higher education fund- mand for a college degree is due much an average family’s income goes to- ing at 90 percent from fiscal year to fis- in part to the changing economy. ward public university tuition pay- cal year. If the Federal Government is Those with a bachelor’s degree now ments and 41 percent of an average going to make a commitment to pro- make 75 percent more than those with- family’s income goes toward private viding more resources to higher edu- out, and jobs requiring some post-sec- university tuition. In comparison, the cation by increasing monies for stu- ondary education are expected to ac- average family’s mortgage payment dent aid, it is only fair that we require count for over 40 percent of total job represents 32 percent of the annual in- states to maintain their current share growth this decade. come. of assistance. States should not be While the demand for a college de- The simple fact is that many parents using our proposed increases in federal gree has increased, so too has the cost are deeply worried about how they are aid as an excuse to decrease their own of college, and rather drastically. going to pay for their children’s higher spending levels. The states and the These increases severely limit access education. Constant hikes in tuition Federal Government should be working for many qualified students. For the are not only a source of concern for together on higher education, and not 2002–2003 school year, four-year public parents, in some cases they are a using one or the other as an excuse to universities reported an average tui- source of panic. The legislation we are reduce their share of the costs. tion increase of over 14 percent. This introducing today is an attempt to al- This bill also creates incentives for comes on top of an almost ten percent leviate this worry and help working colleges to cut costs. QUAD creates a increase in average tuition last year. parents and working students afford demonstration program to provide seed Just three years ago the average in- the high cost of college. We do this in money to colleges and universities that crease was just four percent. For fami- a number of ways. want to explore innovative ways to re- lies in the lowest income quartile, av- The QUAD Act will increase the duce costs and pass savings on to stu- erage public university costs now con- amount of Pell grants available to dents. This can be accomplished across sume 62 percent of their income. In the

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.088 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13407 early 1970’s it was only 42 percent. lation, but they continue to severely services to teachers by ensuring that What’s more, the purchasing power of lag behind white students in com- teacher preparation courses provide the Pell grant has declined. Today, Pell pleting both undergraduate and par- teachers with the specific skills and Grants cover only 40 percent of average ticularly graduate degrees. Minority supports they need to succeed in the fixed costs at four-year public colleges. Serving Institutions are serving an in- classroom, such as training necessary Twenty years ago, they covered 80 per- creasing proportion of minorities, and to help all students achieve high stand- cent of costs. can help decrease this disparity. ards, including children with disabil- Every American should have the op- Among Hispanics who received mas- ities and limited English proficient portunity to realize his or her full po- ter’s degrees in 1999–2000, 25 percent at- students, and the integration of state tential, regardless of the depth of their tained them at Hispanic Serving Insti- standards and accountability in the pocketbook or the size of their parents’ tutions and in the past ten years, the classroom. QUAD supports innovation wallet. It is time for Congress to step number of Hispanic students receiving by establishing new financial incentive up and meet the challenge: we must do master’s degrees at HSIs grew by 136 programs to professionalize the field of more to help qualified students attend percent, the number receiving doctoral teaching, and attract and retain more and finish college. degrees grew by 85 percent, and the individuals in the classroom. QUAD Currently, 40 percent of all whites number earning first time professional will also help to attract teachers to ages 18–24 are pursuing post-secondary degrees grew by 47 percent. where they are needed most by increas- education, compared with only 30 per- This past May, I proposed the Next ing the amount of student loan forgive- cent of African-Americans and 16 per- Generation Hispanic-Serving Institu- ness for teachers working in high-need, cent of Hispanics of the same age. tions Act, S. 1190. Under this act, the high-demand areas. And QUAD helps to Those disadvantaged students who do burdensome regulatory barriers for the better prepare teachers to use tech- start college often do not finish: low- 18 Hispanic Serving Institutions in New nology in the classroom by increasing income students are half as likely as Mexico and more than 190 HSIs nation- funding for the Preparing Tomorrow’s upper income students to complete a ally would be removed and opportuni- Teachers to Use Technology program. bachelor’s degree in four years; four in ties for students at HSIs would be It is time for Congress to step up and ten Hispanic students enrolled in four- greatly expanded. QUAD takes up this meet the challenge: We must do more year institutions drop out within three effort, increasing funding for current to help qualified students attend and years of initial enrollment. grants to HSIs and creating a new finish college. I know that my col- The College Quality, Affordability, grant program for graduate programs leagues will take this proposal under and Diversity Improvement Act will at HSIs. The grant program would au- serious consideration and I look for- help low-income and minority students thorize a total of $300 million in fiscal ward to working with them on the re- get into college. QUAD increases fund- year 2005 and such sums as may be nec- authorization of the Higher Education ing to critical programs including essary in future years. Grants under Act this coming year. GEAR Up, TRIO and LEAP. It im- this program would help schools im- f proves access for low-income students prove instructional facilities, purchase through the creation of a new grant instruction and telecommunications SUBMITTED RESOLUTIONS program for proven-effective test prep materials, give support to needy post programs to provide free tutoring for baccalaureate students, improve dis- SENATE CONCURRENT RESOLU- college entrance exams to low-income tance learning and other telecommuni- TION 76—RECOGNIZING THAT NO- students. It improves access and aware- cations capabilities, collaborate with VEMBER 2, 2003, SHALL BE DEDI- ness for low-income students by cre- other institutions of higher education CATED TO ‘‘A TRIBUTE TO SUR- ating a partnership among the federal to expand programs, and support fac- VIVORS’’ AT THE UNITED government, the states, colleges, phi- ulty and curriculum development. STATES HOLOCAUST MEMORIAL lanthropies, and corporations to pro- QUAD will also help to attract and MUSEUM vide low-income students with early in- retain high quality teachers at tribal formation and an early assurance of fi- universities. This past February, Sen- Mr. HATCH (for himself, Mr. nancial access to college. ator DASCHLE and I introduced legisla- VOINOVICH, Mr. COLEMAN, Ms. COLLINS, But Mr. President, we cannot simply tion that would create a loan forgive- Mr. REID, Mrs. BOXER, and Mr. SMITH) help a student get into and pay for col- ness program for individuals who submitted the following concurrent lege, we must help them stay in college choose to teach at tribal colleges and resolution; which was referred to the and earn their degree. Of the 16 percent universities. QUAD includes this legis- Committee on the Judiciary: of 18–24 year old Hispanics enrolling in lation, S. 378. S. CON. RES. 76 college, a mere 40 percent actually Another component of QUAD that I Whereas, in 1945, American soldiers and complete their degree. Similarly, only am proud to have worked on is the other Allied forces, defeated Nazi Germany, 38 percent of African-American stu- teacher quality provisions of Title II. ending World War II in Europe and the sys- dents that enroll in college complete Since my involvement in the account- tematic murder of Europe’s Jews and other their degree. QUAD will help low-in- ability sections of Title II during the targeted groups; Whereas 6,000,000 Jews were killed during come and minority students complete last reauthorization of the Higher Edu- the Holocaust, and after World War II hun- their education through the creation of cation Act, we have worked to increase dreds of thousands of survivors immigrated two new retention programs. The first the bar for teacher quality. QUAD will to the United States, where in spite of their program provides grants to colleges greatly improve the training and re- enormous suffering, they rebuilt their lives, and universities, which serve high-pro- cruitment of teachers by expanding and embraced and enriched their adopted portions of low-income students to im- and strengthening teacher-training homeland; plement innovative programs to pro- programs to help teacher preparation Whereas, in 1978, President Jimmy Carter vide students with the support they institutions feed more qualified teach- created the President’s Commission on the Holocaust to make a recommendation re- need to persist and graduate. The sec- ers into the classrooms. These im- garding ‘‘the establishment . . . of an appro- ond program requires schools with provements will help States and school priate memorial to those who perished in the large discrepancies in disaggregated districts meet the goal outlined in the Holocaust’’; graduation rates to increase their in- No Child Left Behind Act of ensuring a Whereas President Carter said: ‘‘Out of our vestment in support services to im- highly qualified teacher in every class- memory . . . of the Holocaust we must forge prove retention. QUAD also increases room. an unshakable oath with all civilized people funding for minority serving institu- QUAD will help colleges and school that never again will the world stand silent, tions, and creates new grant programs districts recruit and train more teach- never again will the world . . . fail to act in ers with higher quality programs, and time to prevent this terrible crime of geno- to encourage minority students to pur- cide.... [W]e must harness the outrage of sue graduate education at minority provide better training for in-service our own memories to stamp out oppression serving institutions. principals and superintendents. QUAD wherever it exists. We must understand that Minorities make up an increasing strengths provisions of HEA to focus on human rights and human dignity are indivis- proportion of the United States popu- improving the quality of programs and ible.’’;

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.090 S28PT1 S13408 CONGRESSIONAL RECORD — SENATE October 28, 2003 Whereas, in 1979, the Commission rec- Whereas the United States Holocaust Mu- to show during our historic Winter ommended ‘‘a living memorial that will seum has a sacred obligation to preserve and Olympics. Over 20,000 Utahns and for- speak not only of the victims’ deaths but of transmit the history and lessons of the Holo- eign visitors attended that exhibit, their lives, a memorial that can transform caust and, together with the Holocaust sur- which demonstrated the historic arc the living by transmitting the legacy of the vivors, must ensure that the legacy of the from an era of national fascism and Holocaust’’; survivors is passed on to each new genera- Whereas, in 1980, the United States Con- tion: Now, therefore, be it barbaric racism to the present day vi- gress unanimously passed legislation author- Resolved by the Senate (the House of Rep- sion of tolerance and good will that my izing the creation of the United States Holo- resentatives concurring), That Congress— state showed the world in the winter of caust Memorial Museum as a ‘‘permanent (1) recognizes that November 2, 2003, shall 2002. living memorial’’ on Federal land in the Na- be dedicated to ‘‘A Tribute to Survivors’’ at The Museum also serves as a edu- tion’s Capital; the United States Holocaust Memorial Mu- cational center for Holocaust scholar- Whereas, in 1983, Vice President George seum and shall be devoted to honoring our ship. The Museum’s Center for Ad- Bush designated the Federal land on which Nation’s Holocaust survivors, as well as vanced Holocaust Studies supports the United States Holocaust Memorial Mu- their liberators and rescuers, and their fami- scholarship and publications at the seum would be built; lies; Museum as well as in conjunction with Whereas Vice President Bush said: ‘‘Here (2) recognizes that on that day, the United we will learn that each of us bears responsi- States Holocaust Memorial Museum shall be universities throughout this country. bility for our actions and our failure to act. devoted in its entirety to special programs In the short period of its existence, the Here we will learn that we must intervene about and for the survivors of the Holocaust; Museum has already greatly advanced when we see evil arise. Here we will learn (3) commends the United States Holocaust Holocaust studies and I say with con- more about the moral compass by which we Memorial Museum for its first decade of edu- fidence that future scholars of this navigate our lives and by which countries cation dedicated to the memory of the vic- seminal event of the 20th century will navigate the future.’’; tims of the Holocaust; all be influenced by the work of this Whereas, in 1985, Holocaust survivors par- (4) endeavors to continue to support the great Museum. ticipated in the groundbreaking ceremony at vital work of the United States Holocaust the site of the future United States Holo- As I’ve mentioned already, this is not Memorial Museum; and the first time I have taken to the floor caust Memorial Museum; (5) requests that this resolution shall be Whereas, in 1988, President Ronald Reagan duly recorded in the official records of the to laud the work of this great institu- dedicated the cornerstone of the United United States Holocaust Memorial Museum. tion. In November of 1995, concerned States Holocaust Memorial Museum; about a rise in episodes, both here and Whereas President Reagan said: ‘‘We who Mr. HATCH. Mr. President, this year marks the 10th anniversary of the abroad, of Holocaust deniers perpet- did not go their way owe them this: We must uating their grotesque perversions of opening of one of this country’s great- make sure that their deaths have post- history, I introduced S. Res. 193, a reso- humous meaning. We must make sure that est museums and educational institu- lution denouncing Holocaust denial. from now until the end of days all human- tions, the United States Holocaust Me- Recognizing the scholarship already kind stares this evil in the face . . . and only morial Museum. I have been privileged being promoted by the Museum, the then can we be sure it will never arise to serve on the Council of this great in- again.’’; resolution ‘‘commended the vital, on- stitution since its founding, and I have Whereas, in 1992, replicas of 2 of the milk going work of the United States Holo- had no greater honor in the years I cans that hid the Oneg Shabbat archive caust Memorial Museum, which memo- have served in Washington. under the Warsaw Ghetto were buried be- rializes the victims of the Holocaust The Museum opened in April of 1993. neath the Museum’s Hall of Remembrance, and teaches all who are willing to learn with a Scroll of Remembrance signed by Hol- Speaking in this chamber at that time, profoundly compelling and universally ocaust survivors; I said that the reason we needed to sup- Whereas, in 1993, President Bill Clinton resonant moral lessons.’’ port this institution was simple: ‘‘To I introduced that resolution on No- opened the United States Holocaust Memo- remember, and by remembering, to rial Museum; vember 9, 1995, which was the 57th an- Whereas President Clinton said: ‘‘[T]his strengthen America’s moral compass.’’ niversary of Kristallnacht, the night of museum will touch the life of everyone who The Museum has served as an institu- broken glass, the notorious 1938 po- enters and leave everyone forever changed; a tion of remembrance and study since grom of Jewish persecution by the Nazi place of deep sadness and a sanctuary of then, and its contribution has been im- regime, preparing the dark descent to bright hope; an ally of education against ig- mense. Over 19 million visitors have norance, of humility against arrogance, an the Holocaust that was to follow. In gone through its doors in the past dec- my statement, I said: ‘‘Fifty-seven investment in a secure future against what- ade, making this museum one of the ever insanity lurks ahead. If this museum years after Kristallnacht, we are fortu- can mobilize morality, then those who have most popular in Washington, and in the nate to still have survivors of the Holo- perished will thereby gain a measure of im- United States. Of these 19 million, caust among us. I worry about the mortality.’’; nearly six million of those visitors memory of the Holocaust when the sur- Whereas, in 2001, President George W. Bush were children, who have seen and been vivors will no longer be here. With each delivered the keynote address at the first moved by the exhibit ‘‘Daniel’s Story,’’ passing year, we have fewer survivors Days of Remembrance ceremony after he as- which renders the story of the Holo- sumed office. among us.’’ caust from the perspective of a child. The stewards and scholars of the Whereas President Bush said: ‘‘When we re- Over two million international visi- member the Holocaust and to whom it hap- United States Holocaust Memorial Mu- pened, we must also remember where it hap- tors have come to the Museum in the seum embody the recognition that the pened . . . The orders came from men who past 10 years. This includes seventy- mission of the Museum is to preserve . . . had all the outward traits of cultured three heads of state have been included the memory of the victims. And for men, except for conscience. Their crimes among those foreign visitors. I am this reason, the Museum is marking its showed the world that evil can slip in, and heartened to imagine how they have 10th anniversary in the only way it blend in, even amid the most civilized sur- returned to their many nations with could: By hosting a historic ‘‘Tribute roundings. In the end, only conscience can the striking impression of how pro- to Survivors,’’ which will occur at the stop it. And moral discernment, decency, tol- foundly this country considers the erance—these can never be assumed in any end of this week, on November 1st and time, or any society. They must always be most cataclysmic human event of the 2nd. It is fitting and proper that this taught.’’; 20th century, the Holocaust, and how would be the way to mark this anniver- Whereas the United States Holocaust Me- we demonstrate this by supporting this sary. To date, 6,500 Holocaust survivors morial Museum has had more than 19,000,000 institution in the heart of Washington, and their families are scheduled to at- visitors in the first 10 years of its existence; D.C. tend, making this perhaps the last re- Whereas, in 2003, the United States Holo- Not only have nearly 20 million peo- union of this kind. I urge all of my col- caust Memorial Museum, on the occasion of ple come to the Museum, but the Mu- leagues to review the schedule of its 10th Anniversary, wishes to pay tribute seum, through its many traveling ex- events and, if at all possible, to go to to America’s Holocaust survivors, who hibits, has brought the story of the worked tirelessly to help build the Museum the Museum to pay tribute to the sur- and whose committed support and involve- Holocaust to many cities around this vivors and this great institution. ment continue to make the institution such country. In 2002, the Museum brought To commemorate this event, and to as extraordinary memorial and a vital part another exhibit, ‘‘The Nazi Olympics: honor the Museum on its 10th anniver- of life in the United States; and Berlin 1936’’ to my home State of Utah, sary, I wish to submit this resolution

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.074 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13409 honoring the victims of the Holocaust Whereas it continues to be the desire of the to the bill H.R. 2800, supra; which was or- and recognizing the vital work of the People of the United States of America and dered to lie on the table. United States Holocaust Memorial Mu- their representatives in Congress to recog- SA 2000. Mr. DORGAN (for himself and Mr. seum. nize and protect the governmental interests SCHUMER) submitted an amendment intended I am most grateful for the co-spon- recognized as legitimate by the United to be proposed by him to the bill H.R. 2800, States Supreme Court in Paris Adult The- supra; which was ordered to lie on the table. OINOVICH EID sorship of Senators V , R , atre I v. Slaton, 413 U.S. 49 (1973): Now, SA 2001. Mr. REID (for Mr. LEAHY) pro- COLEMAN, COLLINS and SMITH. therefore be it posed an amendment to the bill H.R. 2800, f Resolved by the Senate (the House of Rep- supra. resentatives concurring), That it is the sense SA 2002. Mr. MCCONNELL (for Mr. SENATE CONCURRENT RESOLU- of Congress that the Federal obscenity laws VOINOVICH) proposed an amendment to the TION 77—EXPRESSING THE should be vigorously enforced throughout bill H.R. 2800, supra. SENSE OF CONGRESS SUP- the United States. SA 2003. Mr. REID (for Mr. DODD) proposed PORTING VIGOROUS ENFORCE- an amendment to the bill H.R. 2800, supra. f MENT OF THE FEDERAL OBSCEN- SA 2004. Mr. REID (for Mr. FEINGOLD (for ITY LAWS AMENDMENTS SUBMITTED AND himself, Mr. CAMPBELL, Mr. WYDEN, and Mr. PROPOSED LEAHY)) proposed an amendment to the bill Mr. SESSIONS submitted the fol- H.R. 2800, supra. lowing concurrent resolution; which SA 1976. Mr. FEINGOLD submitted an SA 2005. Mr. MCCONNELL (for Mr. LUGAR) was referred to the Committee on the amendment intended to be proposed by him proposed an amendment to the bill H.R. 2800, Judiciary: to the bill H.R. 2800, making appropriations supra. for foreign operations, export financing, and S. CON. RES. 77 SA 2006. Mr. REID (for Mr. DASCHLE) pro- related programs for the fiscal year ending posed an amendment to the bill H.R. 2800, Whereas the Supreme Court in Miller v. September 30, 2004, and for other purposes; supra. California, 413 U.S. 15 (1973) held that ob- which was ordered to lie on the table. SA 2007. Mr. REID (for Mr. FEINGOLD) pro- scene material is ‘‘unprotected by the first SA 1977. Mrs. FEINSTEIN (for herself, Ms. posed an amendment to the bill H.R. 2800, amendment’’ (413 U.S. at 23) and that obscen- SNOWE, and Mrs. MURRAY) proposed an supra. ity laws can be enforced against ‘‘ ‘hard core’ amendment to the bill H.R. 2800, supra. SA 2008. Mr. REID (for Mr. BIDEN) proposed pornography’’ (413 U.S. at 28); SA 1978. Mr. MCCONNELL proposed an an amendment to the bill H.R. 2800, supra. Whereas the Miller Court stated that ‘‘to amendment to the bill H.R. 2800, supra. SA 2009. Mr. REID (for Mr. FEINGOLD) pro- equate the free and robust exchange of ideas SA 1979. Mr. MCCONNELL proposed an posed an amendment to the bill H.R. 2800, and political debate with commercial exploi- amendment to the bill H.R. 2800, supra. supra. tation of obscene material demeans the SA 1980. Mr. MCCONNELL proposed an SA 2010. Mr. MCCONNELL (for Mr. LUGAR) grand conception of the first amendment and amendment to the bill H.R. 2800, supra. proposed an amendment to the bill H.R. 2800, its high purposes in the historic struggle for SA 1981. Mr. MCCONNELL (for Mr. supra. freedom.’’ (413 U.S. at 34); BROWNBACK (for himself, Mr. LAUTENBERG, SA 2011. Mr. REID (for Mr. INOUYE) pro- Whereas the Supreme Court in Paris Adult Mr. KENNEDY, and Mr. LEAHY)) proposed an posed an amendment to the bill H.R. 2800, Theatre I v. Slaton, 413 U.S. 49 (1973) recog- amendment to the bill H.R. 2800, supra. supra. nized that there are legitimate govern- SA 1982. Mr. LEAHY proposed an amend- SA 2012. Mr. REID (for Mr. HARKIN) pro- mental interests at stake in stemming the ment to the bill H.R. 2800, supra. posed an amendment to the bill H.R. 2800, tide of obscene materials, which include— SA 1983. Mr. LEAHY proposed an amend- supra. (1) protecting ‘‘the quality of life and total ment to the bill H.R. 2800, supra. SA 2013. Mr. MCCONNELL (for Mr. ALLEN community environment’’ (413 U.S. at 58); SA 1984. Mr. LEAHY proposed an amend- (for himself, Mr. LEAHY, and Mr. DURBIN)) (2) protecting ‘‘public safety’’ (413 U.S. at ment to the bill H.R. 2800, supra. proposed an amendment to the bill H.R. 2800, 58); SA 1985. Mr. LEAHY proposed an amend- supra. (3) maintaining ‘‘a decent society’’ (413 ment to the bill H.R. 2800, supra. SA 2014. Mr. MCCONNELL (for Mr. U.S. at 59–60); SA 1986. Mr. LEAHY proposed an amend- (4) protecting ‘‘the social interest in order BROWNBACK) proposed an amendment to the ment to the bill H.R. 2800, supra. bill H.R. 2800, supra. and morality’’ (413 U.S. at 61); and SA 1987. Mr. LEAHY proposed an amend- (5) protecting ‘‘family life’’ (413 U.S. at 63); SA 2015. Mr. MCCONNELL (for Mr. ment to the bill H.R. 2800, supra. Whereas Congress, in an effort to protect BROWNBACK) proposed an amendment to the SA 1988. Mr. LEAHY (for Mr. SCHUMER (for these same legitimate governmental inter- bill H.R. 2800, supra. himself and Mrs. CLINTON)) proposed an ests, enacted legislation in 1988 to strength- SA 2016. Mr. REID (for Mr. DODD) proposed amendment to the bill H.R. 2800, supra. en federal obscenity laws and in 1996 to clar- an amendment to the bill H.R. 2800, supra. SA 1989. Mr. MCCONNELL (for Mr. CRAIG ify that use of an interactive computer serv- SA 2017. Mr. MCCONNELL (for Mr. LUGAR) (for himself and Mr. LEAHY)) proposed an ice to transport obscene materials in or af- proposed an amendment to the bill H.R. 2800, amendment to the bill H.R. 2800, supra. fecting interstate or foreign commerce is supra. SA 1990. Mr. MCCONNELL (for Mr. DOMEN- SA 2018. Mr. MCCONNELL (for Mr. ENSIGN) prohibited; ICI) proposed an amendment to the bill H.R. proposed an amendment to the bill H.R. 2800, Whereas the 1986 Final Report of the Attor- 2800, supra. supra. ney General’s Commission on Pornography SA 1991. Mr. MCCONNELL (for himself and SA 2019. Mr. REID (for Mr. LEAHY) pro- found that ‘‘increasingly, the most prevalent Mr. LEAHY) proposed an amendment to the posed an amendment to the bill H.R. 2800, forms of pornography’’ fit the description of bill H.R. 2800, supra. supra. ‘‘sexually violent material’’ (p. 323) and that SA 1992. Mrs. BOXER submitted an amend- SA 2020. Mr. MCCONNELL (for Mr. FEIN- ‘‘an enormous amount of the most sexually ment intended to be proposed by her to the GOLD) proposed an amendment to the bill explicit material available’’ can be cat- bill H.R. 2800, supra; which was ordered to lie H.R. 2800, supra. egorized as ‘‘degrading’’ to people, ‘‘most on the table. SA 2021. Mr. MCCONNELL (for Mr. often women’’ (p. 331); SA 1993. Mr. SESSIONS (for himself and BROWNBACK (for himself and Mrs. FEINSTEIN)) Whereas the Internet has become a conduit Mr. LEAHY) proposed an amendment to the proposed an amendment to the bill H.R. 2800, for hardcore pornography that now reaches bill H.R. 2800, supra. supra. directly into tens of millions of American SA 1994. Mr. DORGAN (for himself and Mr. SA 2022. Mr. REID (for Mr. LEAHY) pro- homes, where even small children can be ex- SCHUMER) proposed an amendment to the bill posed an amendment to the bill H.R. 2800, posed to Internet obscenity and older chil- H.R. 2800, supra. supra. dren can easily find it; SA 1995. Mr. ALLARD (for himself, Mr. SA 2023. Mr. REID (for Mr. KENNEDY) pro- Whereas a national opinion poll conducted SMITH, and Mr. CAMPBELL) proposed an posed an amendment to the bill H.R. 2800, in March 2002 by Wirthlin Worldwide mar- amendment to the bill H.R. 2800, supra. supra. keting research company found that 81 per- SA 1996. Mr. ALLEN (for himself, Mr. SA 2024. Mr. MCCONNELL (for Mr. FRIST cent of adult Americans say that ‘‘Federal LEAHY, and Mr. BIDEN) submitted an amend- (for himself, Mr. MCCONNELL, and Mr. laws against Internet obscenity should be ment intended to be proposed by him to the LEAHY)) proposed an amendment to the bill vigorously enforced’’; bill H.R. 2800, supra; which was ordered to lie H.R. 2800, supra. Whereas a May 2 report from the National on the table. Academies’ National Research Council stat- SA 1997. Mr. ENSIGN submitted an amend- SA 1976. Mr. FEINGOLD submitted ed that ‘‘aggressive enforcement of existing ment intended to be proposed by him to the an amendment intended to be proposed antiobscenity laws can help reduce children’s bill H.R. 2800, supra; which was ordered to lie by him to the bill H.R. 2800, making ap- access to certain kinds of sexually explicit on the table. propriations for foreign operations, ex- material on the Internet’’; SA 1998. Ms. LANDRIEU (for herself, Ms. port financing, and related programs Whereas vigorous enforcement of obscenity MIKULSKI, and Mr. BIDEN) proposed an laws can help reduce the amount of ‘‘virtual amendment to the bill H.R. 2800, supra. for the fiscal year ending September 30, child pornography’’ now readily available to SA 1999. Mr. KENNEDY submitted an 2004, and for other purposes; which was sexual predators; and amendment intended to be proposed by him ordered to lie on the table; as follows:

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.101 S28PT1 S13410 CONGRESSIONAL RECORD — SENATE October 28, 2003 On page 147, between lines 6 and 7, insert : Provided further, That if the President de- United Nations High Commission for Refu- the following: termines that is important to the national gees in the identification and referral of ref- UNITED STATES CITIZENS IN INDONESIA interests of the United States to provide ugees. SEC. 692. (a) Congress makes the following transition assistance in excess of the amount (2) The Secretary of State shall establish a findings: appropriated under this heading, up to system for accepting referrals of appropriate (1) The United States recognizes the co- $5,000,000 of the funds appropriated by this candidates for resettlement from local pri- operation and solidarity of the Government Act to carry out the provisions of part I of vate, voluntary organizations and work to of Indonesia and the people of Indonesia in the Foreign Assistance Act of 1961 may be ensure that particularly vulnerable refugee the global campaign against terrorism. used for purposes of this heading and under groups receive special consideration for ad- (2) Increased cooperation between the the authorities applicable to funds appro- mission into the United States, including— United States and the Indonesia police forces priated under this heading: Provided further, (A) long-stayers in countries of first asy- is in the interest of both countries and That funds made available pursuant to the lum; should continue. previous proviso shall be made available sub- (B) unaccompanied refugee minors; (3) Normal military relations between In- ject to prior consultation with the Commit- (C) refugees outside traditional camp set- donesia and the United States are in the in- tees on Appropriations tings; and terest of both countries. (D) refugees in woman-headed households. (4) The respect of the Indonesia military SA 1980. Mr. MCCONNELL proposed (3) The Secretary of State shall give spe- for human rights and the improvement in re- an amendment to the bill H.R. 2800, cial consideration to— lations between the military and the civilian making appropriations for foreign op- (A) refugees of all nationalities who have population of Indonesia are extremely im- erations, export financing, and related close family ties to citizens and residents of the United States; and portant for the future of relations between programs for the fiscal year ending the United States and Indonesia. (B) other groups of refugees who are of spe- September 30, 2004, and for other pur- cial concern to the United States. (b) The normalization of the military rela- poses; as follows: tionship between the United States and Indo- (4) Not later than 90 days after the date of nesia cannot begin until— On page 14, line 6 strike ‘‘costs’’ and insert enactment of this Act, the Secretary of (1) the Federal Bureau of Investigation has the following: State shall submit a report to the appro- received full cooperation from the Govern- ‘‘cost, including the cost of modifying such priate congressional committees describing ment of Indonesia and the Indonesia armed direct and guaranteed loans,’’ the steps that have been taken to implement forces with respect to its investigation into On page 14, line 7 before the period insert this subsection. the August 31, 2002, murder of 2 American the following: (c) Not later than September 30, 2004, if the schoolteachers in Timika, Indonesia; and : Provided further, That funds made avail- actual refugee admissions numbers do not (2) the individuals responsible for those able by this paragraph and under this head- conform with the authorized ceiling on the murders are brought to justice. ing in prior Acts making appropriations for number of refugees who may be admitted, (c) Congress looks forward to continued foreign operations, export financing, and re- the Secretary of State, the Secretary of and increased cooperation with respect to lated programs, may be used for the cost of Homeland Security, and the Secretary of this investigation and to the resolution of modifying any such guaranteed loans under Health and Human Services shall report to the issue, which will contribute to the nor- this Act or prior Acts Congress on the— malization of military relations between the (1) execution and implementation of the United States and Indonesia. SA 1981. Mr. MCCONNELL (for Mr. refugee resettlement program; and BROWNBACK (for himself, Mr. LAUTEN- (2) reasons for the failure to resettle the SA 1977. Mrs. FEINSTEIN (for her- BERG, Mr. KENNEDY, and Mr. LEAHY) maximum number of refugees. self, Ms. SNOWE, and Mrs. MURRAY) pro- proposed an amendment to the bill Mr. LEAHY proposed an posed an amendment to the bill H.R. H.R. 2800, making appropriations for SA 1982. amendment to the bill H.R. 2800, mak- 2800, making appropriations for foreign foreign operations, export financing, ing appropriations for foreign oper- operations, export financing, and re- and related programs for the fiscal ations, export financing, and related lated programs for the fiscal year end- year ending September 30, 2004, and for programs for the fiscal year ending ing September 30, 2004, and for other other purposes; as follows: purposes; as follows: September 30, 2004, and for other pur- On page 147, between lines 6 and 7, insert poses; as follows: At the appropriate place, insert the fol- the following: On page 75, line 17, after ‘‘Afghan’’ insert lowing: REPORT ON ADMISSION OF REFUGEES SEC. ll. For purposes of section 403(a) of the following Independent SEC. 692. (a) Congress makes the following the United States Leadership Against HIV/ findings: AIDS, Tuberculosis, and Malaria Act of 2003 SA 1983. Mr. LEAHY proposed an (1) As of October 2003, there are 13,000,000 (22 U.S.C. 7673(a)) the term ‘‘HIV/AIDS pre- amendment to the bill H.R. 2800, mak- refugees worldwide, many of whom have fled vention’’ means only those programs and ac- ing appropriations for foreign oper- religious, political, and other forms of perse- tivities that are directed at preventing the cution. ations, export financing, and related sexual transmission of HIV/AIDS, and activi- (2) Refugee resettlement remains a critical programs for the fiscal year ending ties that include a priority emphasis on the tool of international refugee protection and September 30, 2004, and for other pur- public health benefits of refraining from sex- an essential component of the humanitarian poses; as follows: ual activity before marriage shall be in- and foreign policy of the United States. cluded in determining compliance with the On page 35, line 10, after the semi-colon, in- (3) Prior to the beginning of each fiscal last sentence of such section 403(a). sert: and year, the President designates, in a Presi- On page 35, line 12, strike ‘‘; (3)’’ and insert dential Determination, a target number of SA 1978. Mr. MCCONNELL proposed in lieu thereof the following: : Provided fur- an amendment to the bill H.R. 2800, refugees to be admitted to the United States ther, That such funds may not be made avail- under the United States Refugee Resettle- making appropriations for foreign op- able unless the Secretary of State certifies ment Program. to the Committees on Appropriations that erations, export financing, and related (4) Although the President authorized the On page 35, line 15, strike ‘‘; and’’ and in- programs for the fiscal year ending admission of 70,000 refugees in fiscal year sert in lieu thereof the following: : Provided September 30, 2004, and for other pur- 2003, only 28,419 refugees were admitted. further, That poses; as follows: (5) From fiscal year 1980 to fiscal year 2000, On page 27, line 1 after the colon insert the the average level of U.S. refugee admissions SA 1984. Mr. LEAHY proposed an following: was slightly below 100,000 per year. amendment to the bill H.R. 2800, mak- Provided further, That $5,000,000 shall be (6) The United States Government policy is ing appropriations for foreign oper- made available to promote freedom of the to resettle the designated number of refugees ations, export financing, and related media and an independent media in Russia: each fiscal year. Congress expects the De- partment of State, the Department of Home- programs for the fiscal year ending SA 1979. Mr. MCCONNELL proposed land Security, and the Department of Health September 30, 2004, and for other pur- an amendment to the bill H.R. 2800, and Human Services to implement the ad- poses; as follows: making appropriations for foreign op- mission of 70,000 refugees as authorized by On page 105, line 25, strike ‘‘180 days’’ and erations, export financing, and related the President for fiscal year 2004. insert in lieu thereof the following: one year (b)(1) The Secretary of State, shall utilize On page 106, line 3, strike ‘‘nongovern- programs for the fiscal year ending private voluntary organizations with exper- mental’’ and everything that follows through September 30, 2004, and for other pur- tise in the protection needs of refugees in the ‘‘plan’’ on line 6, and insert in lieu thereof poses; as follows: processing of refugees overseas for admission the following: governments and nongovern- On page 13, line 22 before the period, insert and resettlement to the United States, and mental organizations, shall submit to the the following: shall utilize such agencies in addition to the Committees on Appropriations a strategy

VerDate jul 14 2003 05:42 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.100 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13411 On page 106, line 10, strike ‘‘$10,000,000’’ and (d) The Secretary of State may waive the SA 1992. Mrs. BOXER submitted an insert in lieu thereof the following: $5,000,000 requirements set forth in subsection (a) with amendment intended to be proposed by On page 106, line 11, strike ‘‘implement the respect to a country if the Secretary— her to the bill H.R. 2800, making appro- action plan’’ and insert in lieu thereof the (1) determines that the waiver is in the na- priations for foreign operations, export following: develop the strategy tional security interests of the United States; and financing, and related programs for the SA 1985. Mr. LEAHY proposed an (2) submits to the appropriate congres- fiscal year ending September 30, 2004, amendment to the bill H.R. 2800, mak- sional committees a written justification for and for other purposes; which was or- ing appropriations for foreign oper- such determination that includes a descrip- dered to lie on the table; as follows: ations, export financing, and related tion of the steps being taken to collect the On page 7, line 20, after ‘‘proviso:’’ insert programs for the fiscal year ending parking fines and penalties owed by such ‘‘Provided further, That of the funds appro- country. priated under this heading, not less than September 30, 2004, and for other pur- (e) In this section: poses; as follows: $15,000,000 shall be available for the Global (1) The term ‘‘appropriate congressional Tuberculosis Drug Facility:’’. On page 87, line 23, strike ‘‘That in’’ and committees’’ means the Committee on Ap- everything thereafter through ‘‘subsection’’ propriations of the Senate and the Com- SA 1993. Mr. SESSIONS (for himself mittee on Appropriations of the House of on line 24, and insert in lieu thereof the fol- and Mr. LEAHY) proposed an amend- Representatives. lowing: That the application of section ment to the bill H.R. 2800, making ap- 507(4)(D) and (E) of such Act (2) The term ‘‘fully adjudicated’’ includes On page 87, line 26 strike ‘‘the’’ and every- circumstances in which the person to whom propriations for foreign operations, ex- thing thereafter through ‘‘subsection’’ on the vehicle is registered— port financing, and related programs page 88, line 1, and insert in lieu thereof the (A)(i) has not responded to the parking vio- for the fiscal year ending September 30, following: and lation summons; or 2004, and for other purposes; as follows: (ii) has not followed the appropriate adju- On page 23, line 8, strike the period and in- SA 1986. Mr. LEAHY proposed an dication procedure to challenge the sum- sert ‘‘: Provided further, That of the funds ap- amendment to the bill H.R. 2800, mak- mons; and propriated under this heading, not less than ing appropriations for foreign oper- (B) the period of time for payment or chal- $29,000,000 shall be made available for injec- ations, export financing, and related lenge the summons has lapsed. tion safety programs, including national (3) The term ‘‘parking fines and penalties’’ programs for the fiscal year ending planning, the provision and international means parking fines and penalties— transport of nonreusable autodisposable sy- September 30, 2004, and for other pur- (A) owed to— poses; as follows: ringes or other safe injection equipment, (i) the District of Columbia; or public education, training of health pro- On page 20, line 9, before the colon, insert (ii) New York, New York; and viders, waste management, and publication the following: , of which up to $1,000,000 may (B) incurred during the period April 1, 1997 of quantitative results: Provided further, be available for administrative expenses of through September 30, 2003. That of the funds appropriated under this the United States Agency for International heading, not less than $46,000,000 shall be Mr. MCCONNELL (for Mr. Development SA 1989. made available for blood safety programs, in- Craig (for himself and Mr. LEAHY)) pro- cluding the establishment and support of na- SA 1987. Mr. LEAHY proposed an posed an amendment to the bill H.R. tional blood services, the provision of rapid amendment to the bill H.R. 2800, mak- 2800, making appropriations for foreign HIV test kits, staff training, and quality as- ing appropriations to foreign oper- operations, export financing, and re- surance programs.’’. ations, export financing, and related lated programs for the fiscal year end- programs for the fiscal year ending ing September 30, 2004, and for other SA 1994. Mr. DORGAN (for himself September 30, 2004, and for other pur- purposes; as follows: and Mr. SCHUMER) proposed an amend- poses; as follows: On page 75, line 15 after the colon insert ment to the bill H.R. 2800, making ap- On page 34, line 17, strike ‘‘$2,500,000’’ and the following: propriations for foreign operations, ex- insert in lieu thereof: $3,500,000 Provided further, That of the funds made port financing, and related programs available pursuant to this section, not less for the fiscal year ending September 30, than $5,000,000 shall be made available for a SA 1988. Mr. LEAHY (for Mr. SCHU- 2004, and for other purposes; as follows: reforestation program in Afghanistan which MER (for himself, and Mrs. CLINTON)) At the appropriate place, insert the fol- should utilize, as appropriate, the technical lowing: proposed an amendment to the bill expertise of American universities: Provided SEC. ll. Sense of the Senate on declas- H.R. 2800, making appropriations for further, That funds made available pursuant sifying portions of the Joint Inquiry into In- foreign operations, export financing, to the previous proviso should be matched, telligence Community Activities Before and and related programs for the fiscal to the maximum extent possible, with con- After the Terrorist Attacks of September tributions from American and Afghan busi- year ending September 30, 2004, and for 2001. nesses: other purposes; as follows: (a) FINDINGS.—The Senate finds that— Beginning on page 98, strike line 24 and all SA 1990. Mr. MCCONNELL (for Mr. (1) The President has prevented the release that follows through page 99, line 10 and in- to the American public of 28 pages of the DOMENICI) proposed an amendment to sert the following: Joint Inquiry into Intelligence Community the bill H.R. 2800, making appropria- SEC. 644. (a) Subject to subsection (c), of Activities Before and After the Terrorist At- the funds appropriated by this Act that are tions for foreign operations, export fi- tacks of September 2001. made available for assistance for a foreign nancing, and related programs for the (2) The contents of the redacted pages dis- country, an amount equal to 110 percent of fiscal year ending September 30, 2003, cuss sources of foreign support for some of the total amount of the unpaid fully adju- and for other purposes; as follows: the September 11th hijackers while they dicated parking fines and penalties owed by On page 32, line 7, before the colon insert were in the United States. such country shall be withheld from obliga- the following: (3) The Administration’s decision to clas- tion for such country until the Secretary of , of which $2,105,000 should be made avail- sify this information prevents the American State submits a certification to the appro- able for construction and completion of a people from having access to information priate congressional committees stating new facility about the involvement of certain foreign that such parking fines and penalties are governments in the terrorist attacks of Sep- fully paid. SA 1991. Mr. MCCONNELL (for him- tember 2001. (b) Funds withheld from obligation pursu- self and Mr. LEAHY) proposed an (4) The Kingdom of Saudi Arabia has re- ant to subsection (a) may be made available amendment to the bill H.R. 2800, mak- quested that the President release the 28 for other programs or activities funded by ing appropriations for foreign oper- pages. this Act, after consultation with and subject (5) The Senate respects the need to keep to the regulation notification procedures of ations, export financing, and related information regarding intelligence sources the appropriate congressional committees, programs for the fiscal year ending and methods classified, but the Senate also provided that no such funds shall be made September 30, 2004, and for other pur- recognizes that such purposes can be accom- available for assistance to a foreign country poses; as follows: plished through careful selective redaction that has not paid the total amount of the On page 17, line 17, after the colon insert of specific words and passages, rather than fully adjudicated parking fines and penalties the following: effacing the section’s contents entirely. owed by such country. Provided further, That of the funds made (b) SENSE OF THE SENATE.—It is the sense (c) Subsection (a) shall not include available pursuant to the previous proviso, of the Senate that in light of these findings amounts that have been withheld under any $2,000,000 shall be made available for the Ibn the President should declassify the 28-page other provision of law. Khaldun Center for Development: section of the Joint Inquiry into Intelligence

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.102 S28PT1 S13412 CONGRESSIONAL RECORD — SENATE October 28, 2003 Community Activities Before and After the (1) political prisoners held in Cuba and the protection of beneficiaries of humani- Terrorist Attacks of September 2001 that members of their families; tarian assistance. deals with foreign sources of support for the (2) persons persecuted or harassed for dis- (b) In administering the amounts made 9-11 hijackers, and that only those portions sident activities in Cuba; available for the accounts described in sub- of the report that would directly compromise (3) independent libraries in Cuba; section (a), the Secretary of State and Ad- ongoing investigations or reveal intelligence (4) independent workers’ rights activists in ministrator of the United States Agency for sources and methods should remain classi- Cuba; International Development shall incorporate fied. (5) independent agricultural cooperatives specific policies and programs for the pur- in Cuba; pose of identifying specific needs of, and par- SA 1995. Mr. ALLARD (for himself, (6) independent associations of self-em- ticular threats to, women and children at Mr. SMITH, and Mr. CAMPBELL) pro- ployed Cubans; the various stages of a complex humani- posed an amendment to the bill H.R. (7) independent journalists in Cuba; tarian emergency, especially at the onset of 2800, making appropriations for foreign (8) independent youth organizations in such emergency. (c) Not later than 90 days after the date of operations, export financing, and re- Cuba; (9) independent environmental groups in enactment of this Act, the Secretary of lated programs for the fiscal year end- Cuba; State shall submit to the Committee on For- ing September 30, 2004, and for other (10) independent economists, medical doc- eign Relations of the Senate and the Com- purposes; as follows: tors, and other professionals in Cuba; mittee on International Relations of the On page 147, between lines 6 and 7, insert (11) the establishment and maintenance of House of Representatives a report on activi- the following new section: an information and resources center to be lo- ties of the Government of the United States to protect women and children affected by a LIMITATION ON THE PROVISION OF IMET FUNDS cated in the United States Interests Section complex humanitarian emergency. The re- TO INDONESIA in Havana, Cuba; (12) prodemocracy programs of the Na- port shall include— Sec. 692. (a) Subject to subsection (c), no tional Endowment for Democracy that are (1) an assessment of the specific protection funds appropriated by title IV of this Act, related to Cuba; needs of women and children at the various under the subheading ‘‘INTERNATIONAL MILI- (13) nongovernmental programs to facili- stages of a complex humanitarian emer- TARY EDUCATION AND TRAINING’’ under the tate access to the Internet in Cuba, subject gency; heading ‘‘FUNDS APPROPRIATED TO THE PRESI- to section 1705(e) of the Cuban Democracy (2) a description of which agencies and of- DENT’’ shall be made available for military Act of 1992 (22 U.S.C. 6004(e)); fices of the United States Government are education and training for Indonesia. (14) nongovernmental charitable programs responsible for addressing each aspect of (b) Nothing in this section shall prohibit that provide nutrition and basic medical such needs and threats; and the United States Government from con- care to persons most at risk in Cuba, includ- (3) guidelines and recommendations for im- tinuing to conduct programs or training ing children and elderly persons; and proving United States and international sys- with the Indonesian Armed Forces, including (15) nongovernmental charitable programs tems for the protection of women and chil- counter-terrorism training, officer visits, to reintegrate into civilian life persons who dren during a complex humanitarian emer- port visits, or educational exchanges that have abandoned, resigned, or been expelled gency. are being conducted on the date of the enact- from the Cuban armed forces for ideological (d) In this section, the term ‘‘complex hu- ment of this Act. reasons. manitarian emergency’’ means a situation (c) The President may waive the applica- (b) In this section: that— tion of subsection (a) if the President— (1) The term ‘‘independent nongovern- (A) occurs outside the United States and (1) determines that the national security mental organization’’ means an organization results in a significant number of— interests of the United States justify such a that the Secretary of State determines, not (i) refugees; waiver; and less than 15 days before any obligation of (ii) internally displaced persons; or (2) submits notice of such a waiver and a funds made available under this section to (iii) other civilians requiring basic human- justification for such a waiver to the Com- the organization, is a charitable or nonprofit itarian assistance on an urgent basis; and mittee on Appropriations of the Senate and nongovernmental organization that is not an (B) is caused by one or more situations in- the Committee on Appropriations of the agency or instrumentality of the Cuban Gov- cluding— House of Representatives in accordance with ernment. (i) armed conflict; the regular notification procedures of such (2) The term ‘‘eligible Cuban recipient’’ (ii) natural disaster; Committees. means a Cuban national in Cuba, including a (iii) significant food shortage; or political prisoner and the family of such (iv) state-sponsored harassment or persecu- SA 1996. Mr. ALLEN (for himself, Mr. prisoner, who is not an official of the Cuban tion. LEAHY, and Mr. BIDEN) proposed an Government or of the ruling political party amendment to the bill H.R. 2800, mak- in Cuba, as defined in section 4(10) of the SA 1999. Mr. KENNEDY submitted an ing appropriations for foreign oper- Cuban Liberty and Democratic Solidarity amendment intended to be proposed by ations, export financing, and related (LIBERTAD) Act of 1996 (22 U.S.C. 6023(10)). him to the bill H.R. 2800, making ap- programs for the fiscal year ending (c) The notification requirements of sec- propriations for foreign operations, ex- September 30, 2004, and for other pur- tion 634A of the Foreign Assistance Act of port financing, and related programs 1961 (22 U.S.C. 2394–1) shall apply to any allo- for the fiscal year ending September 30, poses; which was ordered to lie on the cation or transfer of funds made pursuant to table; as follows: this section. 2004, and for other purposes; which was On page 32, line 10, before the period insert ordered to lie on the table; as follows: ‘‘: Provided further, That $5,000,000 of amounts SA 1998. Ms. LANDRIEU (for herself, At the appropriate place, insert the fol- made available under this heading shall be Ms. MIKULSKI, and Mr. BIDEN) proposed lowing: for combating piracy of United States intel- an amendment to the bill H.R. 2800, SEC. ll. The Secretary of State shall lectual property’’. making appropriations for foreign op- promptly make publicly available prices paid erations, export financing, and related to purchase HIV/AIDS pharmaceuticals, antiviral therapies, and other appropriate SA 1997. Mr. ENSIGN submitted an programs for the fiscal year ending amendment intended to be proposed by medicines, including medicines to treat op- September 30, 2004, and for other pur- portunistic infections, for the treatment of him to the bill H.R. 2800, making ap- poses; as follows: propriations for foreign operations, ex- people with HIV/AIDS and the prevention of On page 147, between lines 6 and 7, insert mother-to-child transmission of HIV/AIDS in port financing, and related programs the following new section: developing countries— for the fiscal year ending September 30, SEC. 692. (a) None of the funds made avail- (1) through the use of funds appropriated 2004, and for other purposes; which was able by title II under the heading ‘‘INTER- under this Act; and ordered to lie on the table; as follows: NATIONAL DISASTER ASSISTANCE’’, ‘‘TRANSI- (2) to the extent available, by— On page 147, between lines 6 and 7, insert TION INITIATIVES’’, ‘‘MIGRATION AND REFUGEE (A) the World Health Organization; and the following new section: ASSISTANCE’’, or ‘‘UNITED STATES EMERGENCY (B) the Global Fund to Fight AIDS, Tuber- REFUGEE AND MIGRATION ASSISTANCE FUND’’ or culosis, and Malaria. DEMOCRACY BUILDING IN CUBA made available for such accounts by any SEC. 692. (a) Of the funds appropriated by other provision of law for fiscal year 2004 to SA 2000. Mr. DORGAN (for himself title II, under the heading ‘‘TRANSITION INI- provide assistance to refugees or internally and Mr. SCHUMER) submitted an TIATIVES’’, not less than $5,000,000 shall be displaced persons may be provided to an or- amendment intended to be proposed by available for support for eligible Cuban re- ganization that has failed to adopt a code of cipients and independent nongovernmental conduct consistent with the Inter-Agency him to the bill H.R. 2800, making ap- organizations to support democracy-building Standing Committee Task Force on Protec- propriations for foreign operations, ex- efforts for Cuba, including providing support tion From Sexual Exploitation and Abuse in port financing, and related programs for— Humanitarian Crises six core principles for for the fiscal year ending September 30,

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.111 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13413 2004, and for other purposes; which was ‘‘(i) acts of violence against people of the ing, and related programs for the fiscal ordered to lie on the table; as follows: Jewish faith and other faiths that occurred year ending September 30, 2004, and for in that country; At the appropriate place, insert the fol- other purposes; as follows: ‘‘(ii) the response of the government of lowing: On page 147, between lines 6 and 7, insert that country to such acts of violence; and SEC. . Sense of the Senate on declassifying the following: portions of the Joint Inquiry into Intel- ‘‘(iii) actions by the government of that country to enact and enforce laws relating to POST DIFFERENTIALS AND DANGER PAY ligence Community Activities Before and ALLOWANCES After the Terrorist Attacks of September the protection of the right to religious free- SEC. 692. (a) Section 5925(a) of title 5, 2001. dom with respect to people of the Jewish faith. United States Code, is amended in the third (a) FINDINGS.—The Senate finds that— sentence by inserting after ‘‘25 percent of the (1) The President has prevented the release rate of basic pay’’ the following: ‘‘or, in the to the American public of 28 pages of the SA 2003. Mr. REID (for Mr. DODD) proposed an amendment to the bill case of an employee of the United States Joint Inquiry into Intelligence Community Agency for International Development, 35 Activities Before and After the Terrorist At- H.R. 2800, making appropriations for percent of the rate of basic pay’’. tacks of September 2001. foreign operations, export financing, (b) Section 5928 of title 5, United States (2) The contents of the redacted pages dis- and related programs for the fiscal Code, is amended by inserting after ‘‘25 per- cuss sources of foreign support for some of year ending September 30, 2004, and for cent of the basic pay of the employee’’ both the September 11 hijackers while they were other purposes; as follows: places it appears the following: ‘‘or 35 per- in the United States. cent of the basic pay of the employee in the On page 21, line 18, after the comma insert (3) The Administration’s decision to clas- case of an employee of the United States the following: ‘‘That of the funds appro- sify this information prevents the American Agency for International Development’’. people from having access to information priated under this heading, up to $15,000,000 (c) The amendments made by subsections about the involvement of certain foreign should be made available as a United States (a) and (b) shall take effect on October 1, governments in the terrorist attacks of Sep- contribution to the Organization of Amer- 2003, and shall apply with respect to post dif- tember 2001. ican States for expenses related to the OAS ferentials and danger pay allowances paid for (4) The Kingdom of Saudi Arabia has re- Special Mission in Haiti and the implemen- months beginning on or after that date. quested that the President release the 28 tation of OAS Resolution 822 and subsequent pages. resolutions related to improving security SA 2006. Mr. REID (for Mr. DASCHLE) (5) The Senate respects the need to keep and the holding of elections to resolve the proposed an amendment to the bill information regarding the intelligence political impasse created by the disputed H.R. 2800, making appropriations for May 2000 election: Provided further,’’ sources and methods classified, but the Sen- foreign operations, export financing, ate also recognizes that such purposes can be accomplished through careful selective re- SA 2004. Mr. REID (for Mr. FEINGOLD and related programs for the fiscal daction of specific words and passages, rath- (for himself, Mr. CAMPBELL, Mr. year ending September 30, 2004, and for er than effacing the section’s contents en- WYDEN, and Mr. LEAHY) proposed an other purposes; as follows: tirely. amendment to the bill H.R. 2800, mak- On page 147, between lines 6 and 7, insert (b) SENSE OF THE SENATE.—It is the sense ing appropriations for foreign oper- the following: of the Senate that in light of these findings ations, export financing, and related SENSE OF CONGRESS ON CONTRACTING FOR the President should declassify the 28-page DELIVERY OF ASSISTANCE BY AIR section of the Joint Inquiry into Intelligence programs for the fiscal year ending September 30, 2004, and for other pur- SEC. 692. It is the sense of Congress that Community Activities Before and After the the Administrator of the United States Terrorist Attacks of September 2001 that poses; as follows: Agency for International Development deals with foreign sources of support for the On page 147, between lines 6 and 7, insert should, to the maximum extent practicable 9–11 hijackers, and that only those portions the following: and in a manner consistent with the use of of the report that would directly compromise UNITED STATES CITIZENS IN INDONESIA full and open competition (as that term is ongoing investigations or reveal intelligence defined in section 4(6) of the Office of Federal sources and methods should remain classi- SEC. 692. (a) Congress makes the following findings: Procurement Policy Act (41 U.S.C. 403(6))), fied. contract with small, domestic air transport This section shall take effect one day after (1) The United States recognizes the co- providers for purposes of the delivery by air the date of this bill’s enactment. operation and solidarity of the Government of Indonesia and the people of Indonesia in of assistance available under this Act. the global campaign against terrorism. SA 2001. Mr. REID (for Mr. LEAHY) SA 2007. Mr. REID (for Mr. FEINGOLD) proposed an amendment to the bill (2) Increased cooperation between the United States and the Indonesia police forces proposed an amendment to the bill H.R. 2800, making appropriations for H.R. 2800, making appropriations for foreign operations, export financing, is in the interest of both countries and should continue. foreign operations, export financing, and related programs for the fiscal (3) Normal military relations between In- and related programs for the fiscal year ending September 30, 2004, and for donesia and the United States are in the in- year ending September 30, 2004, and for other purposes; as follows: terest of both countries. other purposes; as follows: On page 23, line 8. before the period, insert (4) The respect of the Indonesia military On page 147, between lines 6 and 7, insert the following: for human rights and the improvement in re- the following: : Provided further, That of the funds appro- lations between the military and the civilian REPORT ON SIERRA LEONE priated under this heading, not less than population of Indonesia are extremely im- $28,000,000 shall be made available for a portant for the future of relations between Not later than 6 months after the date of United States contribution to UNAIDS the United States and Indonesia. enactment of this Act, the Administrator of (b) The normalization of the military rela- the United States Agency for International SA 2002. Mr. MCCONNELL (for Mr. tionship between the United States and Indo- Development shall submit a report to the Committee on Foreign Relations and Com- VOINOVICH) proposed an amendment to nesia cannot begin until— mittee on Appropriations of the Senate and the bill H.R. 2800, making appropria- (1) the Federal Bureau of Investigation has received full cooperation from the Govern- the Committee on International Relations tions for foreign operations, export fi- and Committee on Appropriations of the nancing, and related programs for the ment of Indonesia and the Indonesia armed forces with respect to its investigation into House of Representatives on the feasibility fiscal year ending September 30, 2004, the August 31, 2002, murder of 2 American of establishing a United States mission in Si- and for other purposes; as follows: schoolteachers in Timika, Indonesia; and erra Leone. On page 147, between lines 6 and 7, insert (2) the individuals responsible for those Mr. REID (for Mr. BIDEN) the following new section: murders are brought to justice. SA 2008. proposed an amendment to the bill ANNUAL REPORT ON INTERNATIONAL RELIGIOUS (c) Congress looks forward to continued H.R. 2800, making appropriations for FREEDOM TO INCLUDE INFORMATION ON ANTI- and increased cooperation with respect to SEMITISM AND OTHER RELIGIOUS INTOLER- this investigation and to the resolution of foreign operations, export financing, ANCE the issue, which will contribute to the nor- and related programs for the fiscal malization of military relations between the SEC. 692. Section 102(b)(1) of the Inter- year ending September 30, 2004, and for national Religious Freedom Act of 1998 (22 United States and Indonesia. other purposes; as follows: U.S.C. 6412(b)(1)) is amended by adding at the On page 40, line 18, insert after ‘‘Commis- end the following new subparagraph: SA 2005. Mr. MCCONNELL (for Mr. sion’’ the following: ‘‘and that are not nec- ‘‘(G) ACTS OF ANTI-SEMITISM AND OTHER RE- LUGAR) proposed an amendment to the essary to make the United States contribu- LIGIOUS INTOLERANCE.—A description for each bill H.R. 2800, making appropriations tion to the Commission in the amount as- foreign country of— for foreign operations, export financ- sessed for fiscal year 2004’’.

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.112 S28PT1 S13414 CONGRESSIONAL RECORD — SENATE October 28, 2003 SA 2009. Mr. REID (for Mr. FEINGOLD) foreign operations, export financing, (1) support transparent, full democracy in proposed an amendment to the bill and related programs for the fiscal Iran; H.R. 2800, making appropriations for year ending September 30, 2004, and for (2) support the rights of the Iranian people foreign operations, export financing, other purposes; as follows: to choose their system of government. (3) condemn the brutal treatment and im- and related programs for the fiscal On page 46, line 15, insert after ‘‘resources’’ prisonment and torture of Iranian civilians year ending September 30, 2004, and for the following: ‘‘and to providing opportuni- expressing political dissent; other purposes; as follows: ties for the inclusion of persons with disabil- (4) call upon the Government of Iran to On page 147, between lines 6 and 7, insert ities’’. comply fully with requests by the Inter- the following: national Atomic Energy Agency for informa- SA 2013. Mr. MCCONNELL (for Mr. REPORT ON SOMALIA tion and to immediately suspend all activi- ALLEN (for himself, Mr. LEAHY, and Mr. ties related to the development of nuclear SEC. 692. (a) Not later than 180 days after DURBIN)) proposed an amendment to weapons and their delivery systems; the date of the enactment of this Act, the the bill H.R. 2800, making appropria- (5) demand that al Qaeda members be im- Secretary of State shall submit to the Com- mediately turned over to governments re- mittees on Appropriations and Foreign Rela- tions for foreign operations, export fi- questing their extradition; and tions of the Senate and the Committees on nancing, and related programs for the (6) demand that Iran prohibit and prevent Appropriations and International Relations fiscal year ending September 30, 2004, the passage of armed elements into Iraq and of the House of Representatives a report on and for other purposes; as follows: cease all activities to undermine the Iraqi a strategy for engaging with competent and On page 32, line 10, before the period insert Governing Council and the reconstruction of responsible authorities and organizations ‘‘: Provided further, That $5,000,000 of amounts Iraq. within Somalia, including in Somaliland, to made available under this heading shall be strengthen local capacity and establish in- for combating piracy of United States intel- SA 2016. Mr. REID (for Mr. DODD) centives for communities to seek stability. lectual property’’. proposed an amendment to the bill (b) The report shall describe a multi-year H.R. 2800, making appropriations for strategy for— Mr. MCCONNELL (for Mr. SA 2014. foreign operations, export financing, (1) increasing access to primary and sec- BROWNBACK) proposed an amendment and related programs for the fiscal ondary education and basic health care serv- to the bill H.R. 2800, making appropria- year ending September 30, 2004, and for ices; tions for foreign operations, export fi- (2) supporting efforts underway to estab- other purposes; as follows: nancing, and related programs for the lish clear systems for effective regulation On page 17, line 18 after the first comma and monitoring of Somali hawala, or infor- fiscal year ending September 30, 2004, add the following: mal banking, establishments; and and for other purposes; as follows: ‘‘That the Government of Egypt should (3) supporting initiatives to rehabilitate Beginning on page 78, line 25, strike promptly provide the United States Embassy the livestock export sector in Somalia. ‘‘funds’’ and all that follows through ‘‘Iran:’’ in Cairo with assurances that it will honor on page 79, line 3, and insert the following: contracts entered into with United States SA 2010. Mr. MCCONNELL (for Mr. ‘‘not to exceed $5,000,000 of such funds may companies in a timely manner: Provided LUGAR) proposed an amendment to the be used in coordination with the Middle East further,’’ bill H.R. 2800, making appropriations Partnership Initiative for making grants to SA 2017. Mr. MCCONNELL (for Mr. for foreign operations, export financ- educational, humanitarian and nongovern- mental organizations and individuals inside LUGAR) proposed an amendment to the ing, and related programs for the fiscal bill H.R. 2800, making appropriations year ending September 30, 2004, and for Iran to support the advancement of democ- racy and human rights in Iran. for foreign operations, export financ- other purposes; as follows: ing, and related programs for the fiscal On page 147, between lines 6 and 7, insert SA 2015. Mr. MCCONNELL (for Mr. year ending September 30, 2004, and for the following: BROWNBACK) proposed an amendment other purposes; as follows: DESIGNATION OF THE GLOBAL FUND TO FIGHT to the bill H.R. 2800, making appropria- Strike title III, and insert the following: AIDS, TUBERCULOSIS AND MALARIA UNDER tions for foreign operations, export fi- TITLE III—MILLENNIUM CHALLENGE THE INTERNATIONAL ORGANIZATIONS IMMUNI- nancing, and related programs for the ASSISTANCE TIES ACT fiscal year ending September 30, 2004, SEC. 301. SHORT TITLE. SEC. 692. The International Organizations and for other purposes; as follows: This title may be cited as the ‘‘Millennium Immunities Act (22 U.S.C. 288 et seq.) is Challenge Act of 2003’’. amended by adding at the end the following On page 147, between lines 6 and 7, insert new section: the following new section: SEC. 302. FINDINGS AND PURPOSES. EC (a) FINDINGS.—Congress makes the fol- ‘‘SEC. 16. The provisions of this title may S . 692. (a) Congress makes the following be extended to the Global Fund to Fight findings: lowing findings: AIDS, Tuberculosis and Malaria in the same (1) The Islamic Republic of Iran is neither (1) On March 14, 2002, President George W. manner, to the same extent, and subject to free nor fully democratic, and undemocratic Bush stated that ‘‘America supports the the same conditions, as they may be ex- institutions, such as the Guardians Council, international development goals in the U.N. tended to a public international organization thwart the will of the Iranian people. Millennium Declaration, and believes that in which the United States participates pur- (2) There is ongoing repression of journal- the goals are a shared responsibility of de- suant to any treaty or under the authority of ists, students, and intellectuals in Iran, veloped and developing countries.’’ The any Act of Congress authorizing such par- women in Iran are deprived of their inter- President also called for a ‘‘new compact for ticipation or making an appropriation for nationally recognized human rights, and re- global development, defined by new account- such participation.’’. ligious freedom is not respected under the ability for both rich and poor nations’’ and laws of Iran. pledged support for increased assistance SA 2011. Mr. REID (for Mr. INOUYE) (3) The Department of State asserted in its from the United States through the estab- proposed an amendment to the bill ‘‘Patterns of Global Terrorism 2002’’ report lishment of a Millennium Challenge Account released on April 30, 2003, that Iran remained for countries that govern justly, invest in H.R. 2800, making appropriations for the most active state sponsor of terrorism their own people, and encourage economic foreign operations, export financing, and that Iran continues to provide funding, freedom. and related programs for the fiscal safe-haven, training, and weapons to known (2) The elimination of extreme poverty and year ending September 30, 2004, and for terrorist groups, notably Hizballah, HAMAS, the achievement of the other international other purposes; as follows: the Palestine Islamic Jihad, and the Popular development goals of the United Nations On page 147, between lines 6 and 7 insert Front for the Liberation of Palestine. Millennium Declaration adopted by the the following new section: (4) The International Atomic Energy Agen- United Nations General Assembly on Sep- cy (IAEA) has found that Iran has failed to tember 8, 2000, are important objectives and GUINEA WORM ERADICATION PROGRAM accurately disclose all elements of its nu- it is appropriate for the United States to SEC. 692. Of the funds made available in clear program. The IAEA is engaged in ef- make development assistance available in a title II under the headings ‘‘CHILD SURVIVAL forts to determine the extent, origin and im- manner that will assist in achieving such AND HEALTH PROGRAMS FUND’’ and ‘‘DEVELOP- plications of Iranian nuclear activities that goals. MENT ASSISTANCE’’, not less than $5,000,000 were not intially reported to the IAEA. (3) The availability of financial assistance may be made available for the Carter Cen- (5) There have been credible reports of Iran through a Millennium Challenge Account, ter’s Guinea Worm Eradication Program. harboring Al-Qaeda fugitives and permitting linked to performance by developing coun- the passage of terrorist elements into Iraq. tries, can contribute significantly to the SA 2012. Mr. REID (for Mr. HARKIN) (b) It is the sense of Congress that it achievement of the international develop- proposed an amendment to the bill should be the policy of the United States ment goals of the United Nations Millen- H.R. 2800, making appropriations for to— nium Declaration.

VerDate jul 14 2003 05:42 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.115 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13415

(b) PURPOSES.—The purposes of this title SEC. 305. AUTHORIZATION FOR MILLENNIUM (A) encourage citizens and firms to partici- are— CHALLENGE ASSISTANCE. pate in global trade and international cap- (1) to provide United States assistance for (a) AUTHORITY.—The Corporation is au- ital markets; global development through the Millennium thorized to provide assistance to an eligible (B) promote private sector growth and the Challenge Corporation, as described in sec- entity consistent with the purposes of this sustainable use of natural resources; and tion 305; and title set out in section 302(b) to conduct pro- (C) strengthen market forces in the econ- (2) to provide such assistance in a manner grams or projects consistent with the objec- omy; and that promotes economic growth and the tives of a Millennium Challenge Contract. (3) investments in the people of such coun- elimination of extreme poverty and Assistance provided under this title may be try, including improving the availability of strengthens good governance, economic free- provided notwithstanding any other provi- educational opportunities and health care dom, and investments in people. sion of law, except that the Corporation is for all citizens of such country. prohibited from providing assistance to any (b) ASSESSING ELIGIBILITY.— SEC. 303. DEFINITIONS. entity for any project which is likely to— (1) IN GENERAL.—To evaluate the dem- In this title: (1) cause the substantial loss of United onstrated commitment of a candidate coun- (1) BOARD.—The term ‘‘Board’’ means the States jobs or the displacement of United try for the purposes of subsection (a), the Millennium Challenge Board established by States production; or CEO shall recommend objective and quantifi- section 304(c). (2) pose an unreasonable or major environ- able indicators, to be approved by the Board, (2) CANDIDATE COUNTRY.—The term ‘‘can- mental, health, or safety hazard. of a candidate country’s performance with didate country’’ means a country that meets (b) EXCEPTION.—Assistance under this title respect to the criteria described in para- the criteria set out in section 306. may not be used for military assistance or graphs (1), (2), and (3) of such subsection. In (3) CEO.—The term ‘‘CEO’’ means the chief training. recognition of the essential role of women in executive officer of the Corporation estab- (c) FORM OF ASSISTANCE.—Assistance under developing countries, the CEO shall ensure lished by section 304(b). this title may be provided in the form of that such indicators, where appropriate, (4) CORPORATION.—The term ‘‘Corporation’’ grants to eligible entities. take into account and assess the role of means the Millennium Challenge Corpora- (d) COORDINATION.—The provision of assist- women and girls. The approved indicators tion established by section 304(a). ance under this title shall be coordinated shall be used in selecting eligible countries. (5) ELIGIBLE COUNTRY.—The term ‘‘eligible with other United States foreign assistance (2) ANNUAL PUBLICATION OF INDICATORS.— country’’ means a candidate country that is programs. (A) INITIAL PUBLICATION.—Not later than 45 determined, under section 307, as being eligi- (e) APPLICATIONS.—An eligible entity seek- days prior to the final publication of indica- ble to receive assistance under this title. ing assistance under this title to conduct tors under subparagraph (B) in any year, the (6) MILLENNIUM CHALLENGE ACCOUNT.—The programs or projects consistent with the ob- Board shall publish in the Federal Register term ‘‘Millennium Challenge Account’’ jectives of a Millennium Challenge Contract and make available on the Internet the indi- means the account established under section shall submit a proposal for the use of such cators that the Board proposes to use for the 322. assistance to the Board in such manner and purposes of paragraph (1) in such year. accompanied by such information as the (B) FINAL PUBLICATION.—Not later than 15 SEC. 304. ESTABLISHMENT AND MANAGEMENT Board may reasonably require. OF THE MILLENNIUM CHALLENGE days prior to the selection of eligible coun- CORPORATION. SEC. 306. CANDIDATE COUNTRY. tries in any year, the Board shall publish in (a) IN GENERAL.—A country is a candidate the Federal Register and make available on (a) ESTABLISHMENT OF THE CORPORATION.— country for the purposes of this title— the Internet the indicators that are to be There is established in the executive branch (1) during fiscal year 2004, if such country used for the purposes of paragraph (1) in such a corporation within the meaning of section is eligible to receive loans from the Inter- year. 103 of title 5, United States Code, to be national Development Association; (3) CONSIDERATION OF PUBLIC COMMENT.— known as the Millennium Challenge Corpora- (2) during fiscal year 2005, if the per capita The Board shall consider any comments on tion with the powers and authorities de- income of such country is less than the his- the proposed indicators published under scribed in this title. torical per capita income cutoff of the Inter- paragraph (2)(A) that are received within 30 (b) CEO OF THE CORPORATION.— national Development Association for that days after the publication of such indicators (1) IN GENERAL.—There shall be a chief ex- year; and when selecting the indicators to be used for ecutive officer of the Corporation who shall (3) during any fiscal year after 2005— the purposes of paragraph (1). be responsible for the management of the (A) for which more than $5,000,000,000 has SEC. 308. ELIGIBLE ENTITY. Corporation. been appropriated to the Millennium Chal- (a) ASSISTANCE.—Any eligible entity may (2) APPOINTMENT.—The President shall ap- lenge Account, if the country is classified as receive assistance under this title to carry point, by and with the advice and consent of a lower middle income country by the World out a project in an eligible country for the the Senate, the CEO. Bank on the first day of such fiscal year; or purpose of making progress toward achieving (3) RELATIONSHIP TO THE SECRETARY OF (B) for which not more than $5,000,000,000 an objective of a Millennium Challenge Con- STATE.—The CEO shall report to and be has been appropriated to such Millennium tract. under the direct authority and foreign policy Challenge Account, the per capita income of (b) DETERMINATIONS OF ELIGIBILITY.—The guidance of the Secretary of State. The Sec- such country is less than the historical per Board shall determine whether a person or retary of State shall coordinate the provi- capita income cutoff of the International De- governmental entity is an eligible entity for sion of United States foreign assistance. velopment Association for that year. the purposes of this section. (4) DUTIES.—The CEO shall, in consultation (b) LIMITATION ON ASSISTANCE TO CERTAIN (c) ELIGIBLE ENTITIES.—For the purposes of with the Board, direct the performance of all CANDIDATE COUNTRIES.—In a fiscal year in this section, an eligible entity is— functions and the exercise of all powers of which subparagraph (A) of subsection (a)(3) (1) a government, including a local or re- the Corporation, including ensuring that as- applies with respect to determining can- gional government; or sistance under this title is coordinated with didate countries, not more than 20 percent of (2) a nongovernmental organization or other United States economic assistance pro- the amounts appropriated to the Millennium other private entity. grams. Challenge Account shall be available for as- SEC. 309. MILLENNIUM CHALLENGE CONTRACT. (5) EXECUTIVE LEVEL II.—Section 5313 of sistance to countries that would not be can- (a) IN GENERAL.—The Board shall invite title 5, United States Code, is amended by didate countries if subparagraph (B) of sub- the government of an eligible country to adding at the end the following: section (a)(3) applied during such year. enter into a Millennium Challenge Contract ‘‘Chief Executive Officer, Millennium Chal- SEC. 307. ELIGIBLE COUNTRY. with the Corporation. A Millennium Chal- lenge Corporation.’’. (a) DETERMINATION BY THE BOARD.—The lenge Contract shall establish a multiyear (c) MILLENNIUM CHALLENGE BOARD.— Board shall determine whether a candidate plan for the eligible country to achieve spe- (1) ESTABLISHMENT OF THE BOARD.—There is country is an eligible country by evaluating cific objectives consistent with the purposes established a Millennium Challenge Board. the demonstrated commitment of the gov- set out in section 302(b). (2) COMPOSITION.—The Board shall be com- ernment of the candidate country to— (b) CONTENT.—A Millennium Challenge posed of the following members: (1) just and democratic governance, includ- Contract shall include— (A) The Secretary of State, who shall serve ing a demonstrated commitment to— (1) specific objectives to be achieved by the as the Chair of the Board. (A) promote political pluralism and the eligible country during the term of the Con- (B) The Secretary of the Treasury. rule of law; tract; (C) The Administrator of the United States (B) respect human and civil rights; (2) a description of the actions to be taken Agency for International Development. (C) protect private property rights; by the government of the eligible country (D) The CEO. (D) encourage transparency and account- and the United States Government for (E) The United States Trade Representa- ability of government; and achieving such objectives; tive. (E) limit corruption; (3) the role and contribution of private en- (2) FUNCTIONS OF THE BOARD.—The Board (2) economic freedom, including a dem- tities, nongovernmental organizations, and shall perform the functions specified to be onstrated commitment to economic policies other organizations in achieving such objec- carried out by the Board in this title. that— tives;

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.118 S28PT1 S13416 CONGRESSIONAL RECORD — SENATE October 28, 2003 (4) a description of beneficiaries, to the ex- shall be made available to the public by (10) may hire or obtain passenger motor ve- tent possible disaggregated by gender; means of publication in the Federal Register hicles; and (5) regular benchmarks for measuring and posting on the Internet, as well as by (11) shall have such other powers as may be progress toward achieving such objectives; any other methods that the Board deter- necessary and incident to carrying out this (6) a schedule for achieving such objec- mines appropriate. title. tives; SEC. 312. MILLENNIUM CHALLENGE ASSISTANCE (b) CONTRACTING AUTHORITY.—The func- (7) a schedule of evaluations to be per- TO CANDIDATE COUNTRIES. tions and powers authorized by this title formed to determine whether the country is (a) AUTHORITY.—Notwithstanding any may be performed without regard to any pro- meeting its commitments under the Con- other provision of this title and subject to vision of law regulating the making, per- tract; the limitation in subsection (c), the Corpora- formance, amendment, or modification of tion is authorized to provide assistance to a (8) a statement that the Corporation in- contracts, grants, and other agreements. tends to consider the eligible country’s per- candidate country that meets the conditions SEC. 315. COORDINATION WITH USAID. formance in achieving such objectives in in subsection (b) for the purpose of assisting making decisions about providing continued such country to become an eligible country. (a) REQUIREMENT FOR COORDINATION.—An (b) CONDITIONS.—Assistance under sub- assistance under the Contract; employee of the Corporation assigned to a section (a) may be provided to a candidate (9) the strategy of the eligible country to United States diplomatic mission or con- country that is not an eligible country under sustain progress made toward achieving such sular post or a United States Agency for section 307 because of— objectives after the expiration of the Con- International Development field mission in a (1) the unreliability of data used to assess tract; foreign country shall, in a manner that is its eligibility under section 307; or (10) a plan to ensure financial account- consistent with the authority of the Chief of (2) the failure of the government of the ability for any assistance provided to a per- Mission, coordinate the performance of the candidate country to perform adequately son or government in the eligible country functions of the Corporation in such country with respect to only 1 of the indicators de- under this title; and with the officer in charge of the United scribed in subsection (a) of section 307. (11) a statement that nothing in the Con- States Agency of International Development (c) LIMITATION.—The total amount of as- programs located in such country. tract may be construed to create a legally sistance provided under subsection (a) in a binding or enforceable obligation on the fiscal year may not exceed 10 percent of the (b) USAID PROGRAMS.—The Administrator United States Government or on the Cor- funds made available to the Millennium of the United States Agency for Inter- poration. Challenge Account during such fiscal year. national Development shall seek to ensure (c) REQUIREMENT FOR CONSULTATION.—The SEC. 313. ANNUAL REPORT TO CONGRESS. that appropriate programs of the Agency Corporation shall seek to ensure that the Not later than January 31 of each year, the play a primary role in preparing candidate government of an eligible country consults President shall submit to Congress a report countries to become eligible countries under with private entities and nongovernmental on the assistance provided under this title section 307. organizations in the eligible country for the during the prior fiscal year. The report shall SEC. 316. PRINCIPAL OFFICE. purpose of ensuring that the terms of a Mil- include— lennium Challenge Contract entered into by The Corporation shall maintain its prin- (1) information regarding obligations and the Corporation and the eligible country— cipal office in the metropolitan area of expenditures for assistance provided to each (1) reflect the needs of the rural and urban Washington, District of Columbia. eligible country in the prior fiscal year; poor in the eligible country; and (2) a discussion, for each eligible country, SEC. 317. PERSONNEL AUTHORITIES. (2) provide means to assist poor men and of the objectives of such assistance; (a) REQUIREMENT TO PRESCRIBE A HUMAN women in the eligible country to escape pov- (3) a description of the coordination of as- RESOURCES MANAGEMENT SYSTEM.—The CEO erty through their own efforts. sistance under this title with other United shall, jointly with the Director of the Office (d) REQUIREMENT FOR APPROVAL BY THE States foreign assistance and related trade of Personnel Management, prescribe regula- BOARD.—A Millennium Challenge Contract tions that establish a human resources man- shall be approved by the Board before the policies; agement system, including a retirement ben- Corporation enters into the Contract. (4) a description of the coordination of as- sistance under this title with the contribu- efits program, for the Corporation. SEC. 310. SUSPENSION OF ASSISTANCE TO AN EL- IGIBLE COUNTRY. tions of other donors; and (b) RELATIONSHIP TO OTHER LAWS.— The Secretary of State shall direct the (5) any other information the President (1) INAPPLICABILITY OF CERTAIN LAWS.—Ex- CEO to suspend the provision of assistance considers relevant to assistance provided cept as provided in paragraph (2), the provi- to an eligible country under a Millennium under this title. sions of title 5, United States Code, and of Challenge Contract during any period for SEC. 314. POWERS OF THE CORPORATION. the Foreign Service Act of 1980 (22 U.S.C. which such eligible country is ineligible to (a) POWERS.—The Corporation— 3901 et seq.) shall not apply to the human re- receive assistance under a provision of the (1) shall have perpetual succession unless source management program established Foreign Assistance Act of 1961 (22 U.S.C. 2151 dissolved by an Act of Congress; pursuant to paragraph (1). et seq.). (2) may adopt, alter, and use a seal, which (2) APPLICATION OF CERTAIN LAWS.—The SEC. 311. DISCLOSURE. shall be judicially noticed; human resources management system estab- (a) REQUIREMENT FOR DISCLOSURE.—The (3) may prescribe, amend, and repeal such lished pursuant to subsection (a) may not Corporation shall make available to the pub- rules, regulations, and procedures as may be waive, modify, or otherwise affect the appli- lic on a continuous basis and on the earliest necessary for carrying out the functions of cation to employees of the Corporation of possible date, but not later than 15 days after the Corporation; the following provisions: the information is available to the Corpora- (4) may make and perform such contracts, (A) Section 2301 of title 5, United States tion, the following information: grants, and other agreements with any per- Code. (1) A list of the candidate countries deter- son or government however designated and (B) Section 2302(b) of such title. mined to be eligible countries during any wherever situated, as may be necessary for (C) Chapter 63 of such title (relating to year. carrying out the functions of the Corpora- leave). (2) The text of each Millennium Challenge tion; (D) Chapter 72 of such title (relating to Contract entered into by the Corporation. (5) may determine and prescribe the man- antidiscrimination). (3) For assistance provided under this ner in which its obligations shall be incurred (E) Chapter 73 of such title (relating to title— and its expenses allowed and paid, including suitability, security, and conduct). (A) the name of each entity to which as- expenses for representation; (F) Chapter 81 of such title (relating to sistance is provided; (6) may lease, purchase, or otherwise ac- compensation for work injuries). (B) the amount of assistance provided to quire, improve, and use such real property (G) Chapter 85 of such title (relating to un- the entity; and wherever situated, as may be necessary for employment compensation). (C) a description of the program or project carrying out the functions of the Corpora- (H) Chapter 87 of such title (relating to life for which assistance was provided. tion; insurance). (4) For each eligible country, an assess- (7) may accept cash gifts or donations of (I) Chapter 89 of such title (relating to ment of— services or of property (real, personal, or health insurance). (A) the progress made during each year by mixed), tangible or intangible, for the pur- (J) Chapter 90 of such title (relating to an eligible country toward achieving the ob- pose of carrying out the provisions of this long-term care insurance). jectives set out in the Millennium Challenge title; (3) RELATIONSHIP TO RETIREMENT BENEFITS Contract entered into by the eligible coun- (8) may use the United States mails in the LAWS.—The retirement benefits program re- try; and same manner and on the same conditions as ferred to in subsection (a) shall permit the (B) the extent to which assistance provided the executive departments of Government; employees of the Corporation to be eligible, under this title has been effective in helping (9) may contract with individuals for per- unless the CEO determines otherwise, for the eligible country to achieve such objec- sonal services, who shall not be considered benefits under— tives. Federal employees for any provision of law (A) subchapter III of chapter 83 and chap- (b) DISSEMINATION.—The information re- administered by the Office of Personnel Man- ter 84 of title 5, United States Code (relating quired to be disclosed under subsection (a) agement; to retirement benefits); or

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.118 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13417 (B) chapter 8 of title I of the Foreign Serv- individual detailed to or contracted by the SEC. 324. APPROPRIATIONS. ice Act of 1980 (22 U.S.C. 4041 et seq.) (relat- Corporation, and the members of the family (a) IN GENERAL.—There is hereby appro- ing to the Foreign Service Retirement and of such employee, while the employee is per- priated $1,000,000,000 for fiscal year 2004, to Disability System). forming duties in any country or place out- remain available until expended, to carry (c) APPOINTMENT AND TERMINATION.—Ex- side the United States, enjoy the privileges out the provisions of this title to provide as- cept as otherwise provided in this section, and immunities that are enjoyed by a mem- sistance for countries that have dem- the CEO may, without regard to any civil ber of the Foreign Service, or the family of onstrated commitment to— service or Foreign Service law or regulation, a member of the Foreign Service, as appro- (1) just and democratic governance; appoint and terminate employees as may be priate, of comparable rank and salary of (2) economic freedom; and necessary to enable the Corporation to per- such employee, if such employee or a mem- (3) investing in the well-being of their own form its duties. ber of the family of such employee is not a people. (d) COMPENSATION.— national of or permanently resident in such (b) NOTIFICATION.—Funds appropriated (1) AUTHORITY TO FIX COMPENSATION.—Sub- country or place. under this title shall be available for obliga- ject to the provisions of paragraph (2), the (c) RESPONSIBILITY OF CHIEF OF MISSION.— tion only pursuant to the regular notifica- CEO may fix the compensation of employees An employee of the Corporation, including tion procedures of the Committees on Appro- of the Corporation. an individual detailed to or contracted by priations. (2) LIMITATIONS ON COMPENSATION.—The the Corporation, and a member of the family compensation for an employee of the Cor- of such employee, shall be subject to section SA 2018. Mr. MCCONNELL (for Mr. poration may not exceed the lesser of— 207 of the Foreign Service Act of 1980 (22 ENSIGN) proposed an amendment to the (A) the rate of compensation established U.S.C. 3927) in the same manner as United bill H.R. 2800, making appropriations States Government employees while the em- under title 5, United States Code, or any for foreign operations, export financ- Foreign Service law for an employee of the ployee is performing duties in any country Federal Government who holds a position or place outside the United States if such ing, and related programs for the fiscal that is comparable to the position held by employee or member of the family of such year ending September 30, 2004, and for the employee of the Corporation; or employee is not a national of or permanently other purposes; as follows: (B) the rate of pay prescribed for level IV resident in such country or place. On page 147, between lines 6 and 7, insert of the Executive Schedule under section 5315 SEC. 319. USE OF SERVICES OF OTHER AGENCIES. the following new section: The Corporation may utilize the informa- of title 5, United States Code. DEMOCRACY BUILDING IN CUBA (e) TERM OF EMPLOYMENT.— tion services, facilities and personnel of, or (1) IN GENERAL.—Except as provided in procure commodities from, any agency of SEC. 692. (a) Of the funds appropriated in paragraphs (2) and (3), no individual may be the United States Government on a fully or Title II, under the heading ‘‘Transition Ini- employed by the Corporation for a total pe- partially reimbursable or nonreimbursable tiatives’’ not more than $5,000,000 shall be riod of employment that exceeds 5 years. basis under such terms and conditions as available for individuals and independent (2) EXCEPTED POSITIONS.—The CEO, and not may be agreed to by the head of such agency nongovernmental organizations to support more than 3 other employees of the Corpora- and the Corporation for carrying out this democracy-building efforts for Cuba, includ- tion who are designated by the CEO, may be title. ing the following: employed by the Corporation for an unlim- SEC. 320. ADMINISTRATIVE AUTHORITIES. (1) Published and informational material, ited period of employment. The Corporation is authorized to use any such as books, videos, and cassettes, on tran- (3) WAIVER.—The CEO may waive the max- of the administrative authorities contained sitions to democracy, human rights, and imum term of employment described in para- in the State Department Basic Authorities market economics, to be made available to graph (1) if the CEO determines that such Act of 1956 (22 U.S.C. 2651a et seq.) and the independent democratic groups in Cuba. waiver is essential to the achievement of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 (2) Humanitarian assistance to victims of purposes of this title. et seq.) unless such authority is inconsistent political repression, and their families. (f) AUTHORITY FOR TEMPORARY EMPLOY- with a provision of this title. (3) Support for democratic and human EES.—The CEO may procure temporary and SEC. 321. APPLICABILITY OF CHAPTER 91 OF rights groups in Cuba. intermittent services under section 3109(b) of TITLE 31, UNITED STATES CODE. (4) Support for visits and permanent de- title 5, United States Code, at rates for indi- The Corporation shall be subject to chap- ployment of independent international viduals which do not exceed the daily equiva- ter 91 of title 31, United States Code. human rights monitors in Cuba. lent of the annual rate of basic pay pre- SEC. 322. ESTABLISHMENT OF THE MILLENNIUM (1) The term ‘‘independent nongovern- scribed for level V of the Executive Schedule CHALLENGE ACCOUNT. mental organization’’ means an organization under section 5316 of such title. There is established on the books of the that the Secretary of State determines, not (g) DETAIL OF FEDERAL EMPLOYEES TO THE Treasury an account to be known as the Mil- less than 15 days before any obligation of CORPORATION.—Any Federal Government em- lennium Challenge Account that shall be ad- funds made available under this section to ployee may be detailed to the Corporation on ministered by the CEO under the direction of the organization, is a charitable or nonprofit a fully or partially reimbursable or on a non- the Board. All amounts made available to nongovernmental organization that is not an reimbursable basis, and such detail shall be carry out the provisions of this title shall be agency or instrumentality of the Cuban Gov- without interruption or loss of civil service deposited into such Account and such ernment. or Foreign Service status or privilege. amounts shall be available to carry out such (2) The term ‘‘individuals’’ means a Cuban (h) REINSTATEMENT.—An employee of the provisions. national in Cuba, including a political pris- Federal Government serving under a career SEC. 323. AUTHORIZATION OF APPROPRIATIONS. oner and the family of such prisoner, who is or career conditional appointment, or the (a) IN GENERAL.—There are authorized to not an official of the Cuban Government or equivalent, in a Federal agency who trans- be appropriated to carry out the provisions of the ruling political party in Cuba, as de- fers to or converts to an appointment in the of this title $1,000,000,000 for fiscal year 2004, fined in section 4(10) of the Cuban Liberty Corporation with the consent of the head of $2,300,000,000 for fiscal year 2005, and and Democratic Solidarity (LIBERTAD) Act the agency is entitled to be returned to the $5,000,000,000 for fiscal year 2006. of 1996 (22 U.S.C. 6023(10)). employee’s former position or a position of (b) AVAILABILITY.—Funds appropriated (c) The notification requirements of sec- like seniority, status, and pay without grade under subsection (a)— tion 634A of the Foreign Assistance Act of or pay reduction in the agency if the em- (1) are authorized to remain available until 1961 (22 U.S.C. 2394–1) shall apply to any allo- ployee— expended, subject to appropriations acts; and cation or transfer of funds made pursuant to (1) is being separated from the Corporation (2) are in addition to funds otherwise avail- this section. for reasons other than misconduct, neglect able for such purposes. of duty, or malfeasance; and (c) ALLOCATION OF FUNDS.— SA 2019. Mr. REID (for Mr. LEAHY) (2) applies for return to the agency not (1) IN GENERAL.—The Corporation may allo- proposed an amendment to the bill later than 30 days before the date of the ter- cate or transfer to any agency of the United H.R. 2800, making appropriations for mination of the employment in the Corpora- States Government any of the funds avail- foreign operations, export financing, tion. able for carrying out this title. Such funds and related programs for the fiscal shall be available for obligation and expendi- SEC. 318. PERSONNEL OUTSIDE THE UNITED year ending September 30, 2004, and for STATES. ture for the purposes for which authorized, (a) ASSIGNMENT TO UNITED STATES EMBAS- in accordance with authority granted in this other purposes; as follows: SIES.—An employee of the Corporation, in- title or under authority governing the ac- On page 23, line 3, before the colon, insert cluding an individual detailed to or con- tivities of the agencies of the United States the following: tracted by the Corporation, may be assigned Government to which such funds are allo- : Provided further, That of the funds appro- to a United States diplomatic mission or cated or transferred. priated under this heading, funds shall be consular post or a United States Agency for (2) NOTIFICATION.—The notification re- made available to the World Health Organi- International Development field mission. quirements of section 634A(a) of the Foreign zation’s HIV/AIDS, Tuberculosis and Malaria (b) PRIVILEGES AND IMMUNITIES.—The Sec- Assistance Act of 1961 (22 U.S.C. 2394–1(a)) Cluster retary of State shall seek to ensure that an shall apply to any allocation or transfer of On page 23, line 8, before the period, insert employee of the Corporation, including an funds made pursuant to paragraph (1). the following:

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.118 S28PT1 S13418 CONGRESSIONAL RECORD — SENATE October 28, 2003 : Provided further, That the Coordinator chase HIV/AIDS pharmaceuticals, antiviral mittee on Foreign Relations be author- should seek to ensure that an appropriate therapies, and other appropriate medicines, ized to meet during the session of the percent of the budget for prevention and including medicines to treat opportunistic Senate on Tuesday, October 28, 2003, at treatment programs of the Global Fund to infections, for the treatment of people with 10:15 a.m. to hold a hearing on Iran: Se- Fight AIDS, Tuberculosis and Malaria is HIV/AIDS and the prevention of mother-to- made available to support technical assist- child transmission of HIV/AIDS in devel- curity Threats & U.S. Policy. ance to ensure the quality of such programs oping counties— The PRESIDING OFFICER. Without (1) through the use of funds appropriated objection it is so ordered. SA 2020. Mr. MCCONNELL (for Mr. under this Act; and COMMITTEE ON THE JUDICIARY FEINGOLD) proposed an amendment to (2) to the extent available, by— Mr. MCCONNELL. Mr. President, I the bill H.R. 2800, making appropria- (A) the World Health Organization; and ask unanimous consent that the Com- tions for foreign operations, export fi- (B) the Global Fund to Fight AIDS, Tuber- mittee on the Judiciary be authorized culosis, and Malaria. nancing, and related programs for the to meet to conduct a hearing on Tues- fiscal year ending September 30, 2004, SA 2024. Mr. MCCONNELL (for Mr. day, October 28, 2003, at 10 a.m. on ‘‘Ju- and for other purposes; as follows: FRIST (for himself, Mr. MCCONNELL, diciary Nominations,’’ in the Dirksen On page 147, between lines 6 and 7, insert and Mr. LEAHY)) proposed an amend- Senate Office Building room 226. the following: ment to the bill H.R. 2800, making ap- Agenda: RESPONSIBLE JUSTICE AND RECONCILIATION propriations for foreign operations, ex- MECHANISMS IN CENTRAL AFRICA port financing, and related programs Panel I: Senators. SEC. 692. (a) Of the funds appropriated Panel II: Claude A. Allen to be for the fiscal year ending September 30, under title II under the heading ‘‘ECONOMIC United States Circuit Judge for the 2004, and for other purposes; as follows: SUPPORT FUND’’, $12,000,000 should be made Fourth Circuit. available to support the development of re- On page 22, strike line 3 and insert the fol- lowing: Panel III: Mark R. Filip to be United sponsible justice and reconciliation mecha- States District Judge for the Northern nisms in the Democratic Republic of the ACTIVITIES TO COMBAT HIV/AIDS GLOBALLY Congo, Rwanda, Burundi, and Uganda, in- FUND District of Illinois. cluding programs to increase awareness of On page 22, line 10, insert ‘‘except for the The PRESIDING OFFICER. Without gender-based violence and improve local ca- United States Leadership Against HIV/AIDS, objection it is so ordered. pacity to prevent and respond to such vio- Tuberculosis, and Malaria Act of 2003 (117 COMMITTEE ON RULES AND ADMINISTRATION lence. Stat. 711; 22 U.S.C. 7601 et seq.) as amended Mr. MCCONNELL. Mr. President, I by section 692 of this Act,’’ after ‘‘law,’’. ask unanimous consent that the Com- SA 2021. Mr. MCCONNELL (for Mr. On page 74, line 22, insert ‘‘except for the mittee on Rules and Administration be BROWNBACK (for himself and Mrs. FEIN- United States Leadership Against HIV/AIDS, STEIN)) proposed an amendment to the Tuberculosis, and Malaria Act of 2003 (117 authorized to meet during the session bill H.R. 2800, making appropriations Stat. 711; 22 U.S.C. 7601 et seq.) as amended of the Senate on Tuesday, October 28, for foreign operations, export financ- by section 692 of this Act’’ before the colon. 2003, at 9:30 a.m. in room 301 Russell ing, and related programs for the fiscal On page 147, between lines 6 and 7, insert Senate Office Building to conduct a the following new section: year ending September 30, 2004, and for confirmation hearing on four Presi- ASSISTANCE FOR HIV/AIDS other purposes; as follows: dential nominees to the Election As- SEC. 692. The United States Leadership On page 77, beginning on line 20, strike sistance Commission. Against HIV/AIDS, Tuberculosis, and Ma- ‘‘not to exceed $3,000,000 may be made avail- The nominees are Paul S. DeGregorio laria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 able to nongovernmental organizations to (R) of Missouri, 2 year term; Gracia M. et seq.) is amended— support activities which preserve cultural Hillman (D) of the District of Colum- (1) in section 202(d)(4)(A), by adding at the traditions and promote sustainable develop- end the following new clause: bia, 2 year term; Deforest ‘‘Buster’’ ment and environmental conservation in Ti- ‘‘(vi) for the purposes of clause (i), ‘funds Soaries (R) of New Jersey, 4 year term; betan communities in the Tibetan Autono- contributed to the Global Fund from all and Raymundo Martinez III (D) of mous Region and in other Tibetan commu- sources’ means funds contributed to the Texas, 4 year term. nities in China:’’ and insert ‘‘not to exceed Global Fund at any time during fiscal years The PRESIDING OFFICER. Without $4,000,000 shall be provided to nongovern- 2004 through 2008 that are not contributed to mental organizations to support activities objection it is so ordered. fulfill a commitment made for a fiscal year which preserve cultural traditions and pro- f prior to fiscal year 2004.’’; mote sustainable development and environ- (2) in section 202(d)(4)(B), by adding at the PRIVILEGES OF THE FLOOR mental conservation in Tibetan communities end the following new clause: in the Tibetan Autonomous Region and in Mr. LEAHY. Mr. President, on behalf ‘‘(iv) Notwithstanding clause (i), after July other Tibetan communities in China, of 1 of each of the fiscal years 2004 through 2008, of Senator MIKULSKI, I ask unanimous which up to $3,000,000 may be made available any amount made available under this sub- consent that Lesley Werthamer, a for the Bridge Fund of the Rockefeller Phil- section that is withheld by reason of sub- State Department fellow in her office, anthropic Advisors to support such activi- paragraph (A)(i) is authorized to be made be granted the privilege of the floor ties:’’. available to carry out sections 104A, 104B, during consideration of the foreign op- SA 2022. Mr. REID (for Mr. LEAHY) and 104C of the Foreign Assistance Act of erations bill, H.R. 2800. proposed an amendment to the bill 1961 (as added by title III of this Act). ’’; and The PRESIDING OFFICER. Without (3) in section 301(f), by inserting ‘‘, except objection, it is so ordered. H.R. 2800, making appropriations for that this subsection shall not apply to the foreign operations, export financing, Global Fund to Fight AIDS, Tuberculosis Mr. LUGAR. Mr. President, I ask and related programs for the fiscal and Malaria or to any United Nations vol- unanimous consent that Michael year ending September 30, 2004, and for untary agency’’ after ‘‘trafficking’’. Mattler, a detailee from the State De- other purposes; as follows: f partment to the Foreign Relations On page 53, line 21, strike ‘‘$8,898,000’’ and Committee staff be granted floor privi- insert in lieu thereof the following: $898,000 AUTHORITY FOR COMMITTEES TO leges during consideration of this On page 55, line 26, strike ‘‘$314,550,000’’ and MEET amendment. insert in lieu thereof the following: COMMITTEE ON COMMERCE, SCIENCE AND The PRESIDING OFFICER. Without $322,550,000 TRANSPORTATION objection, it is so ordered. Mr. MCCONNELL. Mr. President, I SA 2023. Mr. REID (for Mr. KENNEDY) Mr. HARKIN. Mr. President, I ask proposed an amendment to the bill ask unanimous consent that the Com- unanimous consent that Darcy Zotter, H.R. 2800, making appropriations for mittee on Commerce, Science, and a fellow on my staff, be allowed the foreign operations, export financing, Transportation be authorized to meet privilege of the floor during debate on and related programs for the fiscal on Tuesday, October 28, 2003, at 9:30 this bill. year ending September 30, 2004, and for a.m. on dietary supplements. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without other purposes; as follows: objection, it is so ordered. objection it is so ordered. Mr. DURBIN. Mr. President, I ask At the appropriate place, insert the fol- lowing: COMMITTEE ON FOREIGN RELATIONS unanimous consent that Daniela SEC. ll. The Secretary of State should Mr. MCCONNELL. Mr. President, I Ligiero, a fellow in Senator BINGA- make publicly available prices paid to pur- ask unanimous consent that the Com- MAN’s office, be granted the privileges

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.120 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13419 of the floor for the pendency of the for- dicating that I am not sure all of the pretty quickly. The Senator from Ken- eign operations appropriations bill. amendments on this side will even be tucky has been involved in this for a The PRESIDING OFFICER. Without offered. For example, Senator FEIN- long time, as either the ranking mem- objection, it is so ordered. GOLD thinks these will be accepted. If ber or chairman of this subcommittee. f they are not, he will take a 10-minute I think he and Senator LEAHY, who has time agreement. been involved with this for many years, UNANIMOUS CONSENT I think we can move through these have done an outstanding job. AGREEMENT—S. 1753 amendments quite rapidly. As I think There is one issue that has held this Mr. MCCONNELL. Mr. President, I everybody knows at this stage, the up and that is getting more money for ask unanimous consent that the major- vast majority of the Senate favors this global AIDS. The President supports ity leader, after consultation with the legislation. I think we should acknowl- this effort to get more money for glob- Democratic leader, but not before No- edge that this agreement was reached al AIDS, and I am disappointed he and vember 3, may turn to the consider- with some effort today as a result of his people have not weighed in more on ation of S. 1753, the Fair Credit Report- the advocacy of the Senators from this, although knowing the Senator ing Act, and that it be considered California. They did not want this mat- who is wanting to slow this down, does under the following limitation: ter to be brought up this week because not want this to move forward, I am The only first-degree amendments be the fires are raging as we speak in Cali- not sure what good it would do for any- the following and that they be subject fornia. They are both scheduled to go one to talk to him knowing what an to relevant second-degree amendments, out there sometime this week. It would advocate he is and how strongly he provided that where the term ‘‘rel- have been terribly inconvenient. feels about things. evant’’ is used for a first-degree amend- I appreciate everyone’s cooperation. The point I am making is I think we ment it be construed to mean anything The majority and Senators on this side should have a vote on this, whatever it related to, pertaining to, or dealing had other amendments they wanted to takes, and move on. On this side, I with the subject matter contained in offer. But understanding the difficulty think everyone would have to acknowl- either the Senate or House bill, or the and the problems in California at this edge we have cooperated on these ap- substitute amendment; textual ref- stage, we arrived at a point where I propriations bills, but we cannot go to erence is not required. think it is fair to everybody. other appropriations bills when we The amendments are: CANTWELL, ID The PRESIDING OFFICER. Without have an appropriations bill that is on theft; CORZINE, financial institutions to objection, it is so ordered. the floor and somebody finds a tough notify FTC of consumer data breach; Mr. MCCONNELL. Mr. President, I vote. It is not right. We in good faith DAYTON, national information sharing certainly hope my friend from Nevada have had our Members not offer var- standards; DURBIN, student loan pay- is correct, because it does list 25 ious amendments. We have been very ment reporting; two by FEINGOLD: buy amendments. I share his hope and ex- discrete in the amendments we have of- American and data mining reporting; pectations that many of those will dis- fered, and I would hope the night will KOHL, student loans credit reporting; appear and we will be able to deal with bring more understanding to this most two by Senator SCHUMER: debit card fee this legislation, which is widely sup- important issue of global AIDS. It is not going to go away. It will ap- disclosure, economic policy; Senator ported by an overwhelming majority of pear on this bill or some other bill. I NELSON of Florida, disposal of con- the Senate, in relatively rapid fashion. know my friend from Kentucky has sumer financial records; Senators LIN- f COLN and PRYOR of Arkansas, usury worked very hard for hours today try- limit; three relevant amendments by UNANIMOUS CONSENT ing to move forward. This is his bill. Senator FEINSTEIN; three amendments AGREEMENT—H.R. 2800 Again, I express my concern and dis- by Senator BOXER: consumer protec- Mr. MCCONNELL. I ask unanimous appointment but have no objection to tion from false affiliate information consent that when the Senate resumes the unanimous consent agreement that sharing, right to know what affiliates consideration of the foreign operations has been suggested. The PRESIDING OFFICER. Without your company can share information appropriations bill on Wednesday, to- objection, it is so ordered. The unani- with, and tightening opt-out mar- morrow, Senator DORGAN be imme- mous consent request is agreed to. keting loopholes; Senators SHELBY and diately recognized in order to offer an Mr. MCCONNELL. Mr. President, if I SARBANES, a substitute amendment; amendment related to the September may state briefly on the issue of fund- relevant amendments by Senator 11 commission. I further ask unani- ing of global AIDS, I think it is impor- BROWNBACK and Senator SPECTER; Sen- mous consent that there be 40 minutes tant to remind our colleagues it was ator MURKOWSKI, sharing confidential equally divided in relation to the the President who recommended $15 information; Senator SARBANES, two amendment and that at the expiration billion over 5 years to attack this glob- relevant amendments; Senator SHELBY, of time I or my designee be recognized al public health crisis. Even without two relevant amendments; that upon in order to make a point of order enacting amendments that go above the disposition of these amendments, against the amendment; further, that the budget, the $2 billion that is in this the bill be read the third time and H.R. Senator DORGAN then be recognized in appropriations bill and another appro- 2622, the House companion, be dis- order to move to suspend rule XVI with priations bill that has already cleared charged from the Banking Committee respect to his amendment. I finally ask the Senate—between the two bills, $2 and the Senate proceed to its imme- unanimous consent that the Senate billion—provides for the administra- diate consideration; that all after the then proceed immediately to a vote on tion, even if we are unable through this enacting clause be stricken and the the motion to suspend. I also ask con- process at some point this year to pro- text of S. 1753, as amended, be sub- sent that following that vote the Sen- vide additional appropriations, to stituted in lieu thereof; the bill be read ate then proceed to consideration of spend all the money that the adminis- the third time, and the Senate vote on H.R. 1904, the Healthy Forests legisla- tration feels it can usefully spend in final passage of the bill, with the pre- tion. the first year of the 5-year commit- ceding all occurring without any inter- The PRESIDING OFFICER. The Sen- ment. This Senator has no doubt that vening action or debate; further, that ator from Nevada. the full $15 billion over 5 years will be upon disposition of the House bill, S. Mr. REID. Reserving the right to ob- appropriated to address this huge pub- 1753 be returned to the calendar. ject, I, along with Senator LEAHY and lic health crisis. The PRESIDING OFFICER. Is this others on this side, are terribly dis- f objection? appointed that the action on the Dor- Mr. REID. Mr. President, if I can just gan amendment tomorrow will bring to UNANIMOUS CONSENT REQUEST— say this prior to the consent being en- a close, at least at this stage, further H.R. 7 tered into the RECORD, we have a num- action on this most important appro- Mr. MCCONNELL. Mr. President, I ber of amendments. It sounds like a priations bill. My memory could be ask unanimous consent that the Sen- lot. I have spoken to the chairman and wrong, but not too wrong, that in the ate proceed to the immediate consider- ranking member of the committee, in- past we have moved through this bill ation of H.R. 7, the charitable choice

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.113 S28PT1 S13420 CONGRESSIONAL RECORD — SENATE October 28, 2003 bill. I further ask unanimous consent under rule XXII, the Chair directs the plan, the President shall consult with the that all after the enacting clause be clerk to read the motion. Task Force, the coastal States, Indian stricken, that the Snowe amendment The legislative clerk read as follows: tribes, local governments, industry, aca- and the Grassley-Baucus amendment, demic institutions, and non-governmental CLOTURE MOTION organizations with expertise in coastal zone which are at the desk, be agreed to en We the undersigned Senators, in accord- management. bloc; that the substitute amendment, ance with the provisions of rule XXII of the ø‘‘(2) PLAN REQUIREMENTS.—The plan which is the text of S. 476, the Senate- Standing Rules of the Senate, do hereby shall— passed version of charitable choice, as move to bring to a close debate on Executive ø‘‘(A) review techniques for prediction of amended by Snowe and Grassley-Bau- Calendar No. 400, the nomination of Charles the onset, course, and impacts of harmful cus, be agreed to; that the bill, as W. Pickering, Sr., of Mississippi, to be algal blooms including evaluation of their amended, be read a third time and United States Circuit Judge for the Fifth accuracy and utility in protecting environ- Circuit. mental and public health and provisions for passed; that the motion to reconsider Bill Frist, Orrin Hatch, Trent Lott, implementation; be laid upon the table; further, that the Conrad Burns, Lamar Alexander, Arlen ø‘‘(B) identify innovative response meas- Senate insist upon its amendments and Specter, Mitch McConnell, Mike ures for the prevention, control, and mitiga- request a conference with the House; DeWine, Chuck Hagel, Rick Santorum, tion of harmful algal blooms and provisions and lastly, that the Chair be author- Craig Thomas, Thad Cochran, John En- for their development and implementation; ized to appoint conferees with a ratio sign, Lindsey Graham, Elizabeth Dole, and ø of 3 to 2 and that any statements relat- Michael B. Enzi, Gordon Smith. ‘‘(C) include incentive-based partnership approaches where practicable. ing to the bill be printed in the Mr. MCCONNELL. I ask unanimous ø‘‘(3) PUBLICATION AND OPPORTUNITY FOR RECORD. consent the live quorum as required COMMENT.—At least 90 days before submit- The PRESIDING OFFICER. The Sen- under rule XXII be waived. ting the plan to the Congress, the President ator from Nevada. The PRESIDING OFFICER. Without shall cause a summary of the proposed plan Mr. REID. I ask that the distin- objection, it is so ordered. to be published in the Federal Register for a guished Senator from Kentucky modify public comment period of not less than 60 f his request as follows: That the Senate days. proceed to the immediate consider- LEGISLATIVE SESSION ø‘‘(4) FEDERAL ASSISTANCE.—The Secretary ation of H.R. 7; that all after the enact- of Commerce, in coordination with the Task Mr. MCCONNELL. I ask unanimous Force and to the extent of funds available, ing clause be stricken; that the Snowe consent that the Senate resume legis- shall provide for Federal cooperation with amendment which is at the desk be lative session. and assistance to the coastal States, Indian agreed to; that the substitute amend- The PRESIDING OFFICER. Without tribes, and local governments in imple- ment which is the text of S. 476 as objection, it is so ordered. menting measures in paragraph (2), as re- passed the Senate, as amended, be quested.’’. agreed to; that the bill as amended be f øSEC. 4. LOCAL AND REGIONAL ASSESSMENTS. read three times, passed, the motion to øSection 603 of such Act, as amended by HARMFUL ALGAL BLOOM AND HY- section 3, is further amended by adding at reconsider be laid upon the table, and POXIA AMENDMENTS ACT OF 2003 the end the following: that any statements relating to this be ø‘‘(f) LOCAL AND REGIONAL ASSESSMENTS.— Mr. MCCONNELL. I ask unanimous printed in the RECORD, with no inter- ø‘‘(1) IN GENERAL.—The Secretary of Com- consent the Senate proceed to imme- vening action or debate. merce, in coordination with the Task Force Mr. MCCONNELL. Mr. President, I diate consideration of Calendar No. 249, and to the extent of funds available, shall object. S. 247. provide for local and regional assessments of Mr. REID. I also object. The PRESIDING OFFICER. The hypoxia and harmful algal blooms, as re- The PRESIDING OFFICER. The Sen- clerk will report the bill by title. quested by coastal States, Indian tribes, and ator from Kentucky declines to modify The legislative clerk read as follows: local governments. ø‘‘(2) PURPOSE.—Local and regional assess- A bill (S. 247) to reauthorize the Harmful his original request and the objection ments may examine— Algal Bloom and Hypoxia Research and Con- is now heard on the original request. ø‘‘(A) the causes of hypoxia or harmful trol Act of 1998, and for other purposes. Mr. REID. The Chair is correct. algal blooms in that area; f There being no objection, the Senate ø‘‘(B) the ecological and economic impacts proceeded to consider the bill, which of hypoxia or harmful algal blooms; EXECUTIVE SESSION was reported with an amendment, as ø‘‘(C) alternatives to reduce, mitigate, and follows: control hypoxia and harmful algal blooms; [Strike the part shown in black and NOMINATION OF CHARLES W. ø‘‘(D) the social and economic benefits of PICKERING, SR., OF MISSISSIPPI, brackets and insert the part printed in such alternatives.’’. TO BE UNITED STATES CIRCUIT italic] øSEC. 5. AUTHORIZATION OF APPROPRIATIONS. JUDGE FOR THE FIFTH CIRCUIT S. 247 øSection 605 of such Act is amended— ø(1) by striking ‘‘and’’ after ‘‘2000,’’ in the Mr. MCCONNELL. Mr. President, I Be it enacted by the Senate and House of Rep- first sentence and in the paragraphs (1), (2), ask unanimous consent that the Sen- resentatives of the United States of America in Congress assembled, (3), and (5); ate now proceed to executive session ø(2) by inserting ‘‘$26,000,000 for fiscal year øSECTION 1. SHORT TITLE. for the consideration of Executive Cal- 2004, $26,500,000 for fiscal year 2005, and øThis Act may be cited as the ‘‘Harmful endar No. 400, the nomination of $27,000,000 for fiscal year 2007’’ after ‘‘2001,’’ Algal Bloom and Hypoxia Amendments Act in the first sentence; Charles Pickering to be U.S. Circuit of 2003’’. ø(3) by inserting ‘‘and $2,500,000 for each of Judge for the Fifth Circuit. I ask my ø SEC. 2. RETENTION OF TASK FORCE. fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’ friend and colleague on the other side øSection 603 of the Harmful Algal Bloom of the aisle, would his side be willing to in paragraph (1); and Hypoxia Research and Control Act of ø(4) by inserting ‘‘and $5,500,000 for each of enter into a time agreement on this 1998 (16 U.S.C. 1451 nt) is amended by striking fiscal years 2004, 2005, and 2006’’ after ‘‘2001’’ nomination? subsection (e). in paragraph (2); Mr. REID. The answer is no. øSEC. 3. PREDICTION AND RESPONSE PLAN. ø(5) by striking ‘‘2001’’ in paragraph (3) and The PRESIDING OFFICER. The øSection 603 of such Act, as amended by inserting ‘‘2001, $2,000,000 for fiscal year 2004, clerk will report the nomination. section 2, is further amended by adding at $3,000,000 for fiscal year 2005, and $3,000,000 The legislative clerk read the nomi- the end the following: for fiscal year 2006’’; nation of Charles W. Pickering, Sr., of ø‘‘(e) PREDICTION AND RESPONSE PLAN.— ø(6) by striking ‘‘blooms;’’ in paragraph (3) Mississippi to be United States Circuit ø‘‘(1) DEVELOPMENT OF PLAN.—Not later and inserting ‘‘blooms and to implement sec- Judge for the Fifth circuit. then 12 months after the date of enactment tion 603(e);’’; of the Harmful Algal Bloom and Hypoxia ø(7) by striking ‘‘2001’’ in paragraph (4) and CLOTURE MOTION Amendments Act of 2003, the President, in inserting ‘‘2001, and $6,000,000 for each of fis- Mr. MCCONNELL. Mr. President, I conjunction with the chief executive officers cal years 2004, 2005, and 2006,’’; therefore send a cloture motion to the of the States, shall develop and submit to ø(8) by striking ‘‘and’’ after the semicolon desk to the pending nomination. the Congress a plan to protect environ- in paragraph (4); The PRESIDING OFFICER. The clo- mental and public health from impacts of ø(9) by striking ‘‘2001’’ in paragraph (5) and ture motion having been presented harmful algal blooms. In developing the inserting ‘‘2001, $5,000,000 for fiscal year 2004,

VerDate jul 14 2003 05:42 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.117 S28PT1 October 28, 2003 CONGRESSIONAL RECORD — SENATE S13421 $5,500,000 for fiscal year 2005, and $6,600,000 Task Force shall complete and submit to Con- (10) by striking ‘‘Administration.’’ in para- for fiscal year 2006’’; gress a scientific assessment of current knowl- graph (5) and inserting ‘‘Administration; and’’; ø(10) by striking ‘‘Administration.’’ in edge about harmful algal blooms in the Great and paragraph (5) and inserting ‘‘Administration; Lakes, including a research plan for coordi- (11) by adding at the end the following: and’’; and nating Federal efforts to better understand ‘‘(6) $3,000,000 for each of fiscal years 2004 ø(11) by adding at the end the following: Great Lakes harmful algal blooms. through 2008 to carry out section 603(f).’’. ø‘‘(6) $3,000,000 for each of fiscal years 2004, ‘‘(2) The Great Lakes harmful algal bloom sci- Ms. SNOWE. Mr. President, I am 2005, and 2006 to carry out section 603(f).’’.¿ entific assessment shall— ‘‘(A) examine the causes and ecological con- pleased that today the Senate is con- SECTION 1. SHORT TITLE. sidering passage of S. 247, the Harmful This Act may be cited as the ‘‘Harmful Algal sequences, and the economic costs, of harmful Bloom and Hypoxia Amendments Act of 2003’’. algal blooms with significant effects on Great Algal Bloom and Hypoxia Amendments Lakes locations, including estimations of the Act of 2003. SEC. 2. RETENTION OF TASK FORCE. frequency and occurrence of significant events; Section 603 of the Harmful Algal Bloom and I must first thank my friend and ‘‘(B) establish priorities and guidelines for a Hypoxia Research and Control Act of 1998 (16 original cosponsor, Senator BREAUX, competitive, peer-reviewed, merit-based inter- U.S.C. 1451 nt) is amended by striking sub- for his commitment to taking action agency research program, as part of the Ecology section (e). with me on these important issues. He and Oceanography of Harmful Algal Blooms SEC. 3. PREDICTION AND RESPONSE PLAN. (ECOHAB) project, to better understand the and I represent coastal States that are Section 603 of such Act, as amended by section causes, characteristics, and impacts of harmful directly affected by harmful algal 2, is further amended by adding at the end the algal blooms in Great Lakes locations; and blooms and hypoxia, and we see first- following: ‘‘(C) identify ways to improve coordination hand how these outbreaks have harm- ‘‘(e) PREDICTION AND RESPONSE PLAN.— and to prevent unnecessary duplication of effort ful impacts on marine ecology, re- ‘‘(1) DEVELOPMENT OF PLAN.—Not later then among Federal agencies and departments with 12 months after the date of enactment of the source economics, and human health in respect to research on harmful algal blooms in our States. Harmful Algal Bloom and Hypoxia Amendments Great Lakes locations. Act of 2003, the President, in consultation with ‘‘(h) SCIENTIFIC ASSESSMENTS OF HYPOXIA.— For instance, during the past several the chief executive officers of the States, shall ‘‘(1) Not less than once every 5 years the Task weeks Maine has endured the most develop and submit to the Congress a plan to Force shall complete and submit to the Congress toxic red tide to hit our coastline in protect environmental and public health from a scientific assessment of hypoxia in United decades. When humans, fish, and ma- impacts of harmful algal blooms. In developing States coastal waters including the Great Lakes. rine mammals eat clams, mussels, oys- the plan, the President shall consult with the The first such assessment shall be completed not Task Force, the coastal States, Indian tribes, ters, snails, and other shellfish that less than 24 months after the date of enactment have fed on the algae that produced local governments, industry, academic institu- of the Harmful Algal Bloom and Hypoxia Re- tions, and non-governmental organizations with search Amendments Act of 2003. this red tide, they are exposed to accu- expertise in coastal zone science and manage- ‘‘(2) The assessments under this subsection mulated toxins, which can cause harm- ment. shall— ful—even fatal—neurological problems. ‘‘(2) PLAN REQUIREMENTS.—The plan shall— ‘‘(A) examine the causes and ecological con- This phenomenon occurs along thou- ‘‘(A) review techniques for prediction of the sequences, and the economic costs, of hypoxia; sands of miles of U.S. coastline, but it onset, course, and impacts of harmful algal ‘‘(B) describe the potential ecological and eco- has increased dramatically in the Gulf blooms including evaluation of their accuracy nomic costs and benefits of possible policy and of Maine in the last 20 years. In Maine and utility in protecting environmental and management actions for preventing, controlling, public health and provisions for implementa- and mitigating hypoxia; this month, the most recent outbreak tion; ‘‘(C) evaluate progress made by, and the needs caused public health alerts and closed ‘‘(B) identify innovative response measures for of, Federal research programs on the causes, the entire coastline to shellfishing, and the prevention, control, and mitigation of harm- characteristics, and impacts of hypoxia, includ- it may even be linked to the deaths of ful algal blooms and provisions for their devel- ing recommendations of how to eliminate signifi- 21 large whales, including humpbacks. opment and implementation; and cant gaps in hypoxia modeling and monitoring As you can see, due to these events ‘‘(C) include incentive-based partnership ap- data; and passage of this bill is extremely time- proaches where practicable. ‘‘(D) identify ways to improve coordination ‘‘(3) PUBLICATION AND OPPORTUNITY FOR COM- and to prevent unnecessary duplication of effort ly. MENT.—At least 90 days before submitting the among Federal agencies and departments with I must also thank Senators plan to the Congress, the President shall cause respect to research on hypoxia.’’. VOINOVICH, DEWINE, and LEVIN for co- a summary of the proposed plan to be published SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sponsoring this bill and helping to ex- in the Federal Register for a public comment pe- Section 605 of such Act is amended— pand its scope to include the Great riod of not less than 60 days. (1) by striking ‘‘and’’ after ‘‘2000,’’ in the first Lakes. Harmful algal blooms and hy- ‘‘(4) FEDERAL ASSISTANCE.—The Secretary of sentence and in the paragraphs (1), (2), (3), and poxia have increased in Lake Erie and Commerce, in coordination with the Task Force (5); and to the extent of funds available, shall pro- other regional waters in recent years, (2) by inserting ‘‘$26,000,000 for fiscal year and Great Lakes-bordering States are vide for Federal cooperation with and assistance 2004, $26,500,000 for fiscal year 2005, $27,000,000 to the coastal States, Indian tribes, and local for fiscal year 2006, $27,500,000 for fiscal year struggling to identify the causes of governments in implementing measures in para- 2007, and $28,000,000 for fiscal year 2008’’ after these events. Like other coastal graph (2), as requested.’’. ‘‘2001,’’ in the first sentence; States, they need to be able to better SEC. 4. LOCAL AND REGIONAL ASSESSMENTS. (3) by inserting ‘‘and $2,500,000 for each of fis- predict, monitor, and mitigate these Section 603 of such Act, as amended by section cal years 2004 through 2008’’ after ‘‘2001’’ in events in order to protect their envi- 3, is further amended by adding at the end the paragraph (1); ronment, economy, and human health. following: (4) by inserting ‘‘and $8,200,000, of which This bill continues and builds upon ‘‘(f) LOCAL AND REGIONAL ASSESSMENTS.— $2,000,000 shall be used for the research program the research efforts we established in ‘‘(1) IN GENERAL.—The Secretary of Commerce, described in section 603(g)(2)(B), for each of fis- in coordination with the Task Force and to the cal years 2004 through 2008’’ after ‘‘2001’’ in 1998 through the Harmful Algal Bloom extent of funds available, shall provide for local paragraph (2); and Hypoxia Research and Control Act. and regional assessments of hypoxia and harm- (5) by striking ‘‘2001’’ in paragraph (3) and This original bill authorized a cross- ful algal blooms, as requested by coastal States, inserting ‘‘2001, $2,000,000 for fiscal year 2004, section of research and monitoring ac- Indian tribes, and local governments. $3,000,000 for fiscal year 2005, $3,000,000 for fis- tivities on harmful algal blooms and ‘‘(2) PURPOSE.—Local and regional assess- cal year 2006, $3,000,000 for fiscal year 2007, and hypoxia. However, algal blooms are ments may examine— $3,000,000 for fiscal year 2008’’; still prevalent around the country, the ‘‘(A) the causes of hypoxia or harmful algal (6) by striking ‘‘blooms;’’ in paragraph (3) and blooms in that area; inserting ‘‘blooms and to implement section hypoxia ‘‘dead zone’’ still occurs each ‘‘(B) the ecological and economic impacts of 603(e);’’; summer in the Gulf of Mexico, and the hypoxia or harmful algal blooms; (7) by striking ‘‘2001’’ in paragraph (4) and management and mitigation measures ‘‘(C) alternatives to reduce, mitigate, and con- inserting ‘‘2001, and $6,000,000 for each of fiscal set forth in our 1998 bill still need to be trol hypoxia and harmful algal blooms; and years 2004 through 2008’’; realized. The amendments in S. 247 ‘‘(D) the social and economic costs and bene- (8) by striking ‘‘and’’ after the semicolon in would authorize the funding that will fits of such alternatives.’. paragraph (4); reignite these scientific activities and ‘‘(g) SCIENTIFIC ASSESSMENT OF GREAT LAKES (9) by striking ‘‘2001’’ in paragraph (5) and provide important new authorities. HARMFUL ALGAL BLOOMS.— inserting ‘‘2001, $5,000,000 for fiscal year 2004, ‘‘(1) Not later than 24 months after the date of $5,500,000 for fiscal year 2005, $6,600,000 for fis- This reauthorization continues to enactment of the Harmful Algal Bloom and Hy- cal year 2006, $7,100,000 for fiscal year 2007, and seek and utilize the valuable contribu- poxia Research Amendments Act of 2003 the $7,600,000 for fiscal year 2008’’; tions of the once-temporary Inter-

VerDate jul 14 2003 04:13 Oct 29, 2003 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.125 S28PT1 S13422 CONGRESSIONAL RECORD — SENATE October 28, 2003 Agency Task Force on Harmful Algal The bill (S. 247), as amended, was time for the two leaders be reserved for Blooms and Hypoxia by making it per- read the third time and passed. their use later in the day, and the Sen- manent. The bill would direct this f ate then proceed to a period of morning Task Force to develop a response and business for up to 30 minutes, with the REMOVAL OF INJUNCTION OF SE- prediction action plan to protect envi- first 15 minutes under the control of CRECY—TREATY DOCUMENT NO. ronmental and public health from the Senator HUTCHISON or her designee and 108–9 harmful impacts of harmful algal the second 15 minutes under the con- blooms. Through this plan, task force Mr. MCCONNELL. Mr. President, as trol of the minority leader or his des- members would review prediction tech- in executive session, I ask unanimous ignee; provided that following morning niques, develop innovative response consent the injunction of secrecy be re- business, the Senate resume consider- measures, and include incentive-based moved from the following treaty, ation of H.R. 2800, the Foreign Oper- partnership approaches. transmitted to the Senate on October ations Appropriations bill. The bill would also authorize the 28, 2003, by the President of the United The PRESIDING OFFICER. Without task force and the Department of Com- States: Protocol Amending Tax Con- objection, it is so ordered. merce to develop local and regional as- vention with Sri Lanka (Treaty Doc. f sessments at the request of coastal 108–9). States, Indian tribes, and local govern- I further ask that the treaty be con- PROGRAM ments, so they could obtain technical sidered as having been read the first Mr. MCCONNELL. For the informa- time; that it be referred, with accom- assistance in addressing their local hy- tion of all Senators, tomorrow, fol- panying papers, to the Committee on poxia and harmful algal bloom out- lowing morning business, the Senate Foreign Relations and ordered to be breaks. The regional plans will help will resume consideration of the For- printed; and the President’s message be avoid a one-size-fits-all approach to eign Operations appropriations bill. printed in the RECORD. prediction and response, since local and Under the previous order, there will be The PRESIDING OFFICER. Without regional variations in the types of land a vote in relation to the Dorgan objection, it is so ordered. use, landscape geology, and community amendment at approximately 10:40 a.m. The message of the President is as input should be taken into account. By This will be the first vote of the day. follows: tailoring mitigation and management Following the disposition of the Dor- measures to each location, the overall To the Senate of the United States: I transmit herewith, for Senate ad- gan amendment, the Senate will turn approach can be made more effective. to consideration of H.R. 1904, the As for the Great Lakes, S. 247 would vice and consent to ratification, the Healthy Forests bill. Senator COCHRAN direct this task force to conduct a sci- Protocol Amending the Convention Be- will be on the floor to work through entific assessment of Great Lakes tween the Government of the United any of those amendments. Amend- harmful algal blooms, and it would di- States of America and the Government ments to this urgent legislation will be rect them to conduct a scientific as- of the Democratic Socialist Republic of offered and debated throughout the sessment of hypoxia in U.S. coastal wa- Sri Lanka for the Avoidance of Double day. Therefore, Senators should expect ters, including the Great Lakes, not Taxation and the Prevention of Fiscal rollcall votes throughout tomorrow. less than once every 5 years. This Evasion with Respect to Taxes on In- Clearly, if anyone has had their tele- amendment would authorize funding come signed at Colombo on March 14, vision set on in recent days, it is im- levels for these assessments at $2 mil- 1985, together with an exchange of portant to move on this Healthy For- lion for fiscal years 2004 through 2006. notes, signed at Washington on Sep- ests legislation. Fires have been burn- Overall, this bill would authorize $26 tember 20, 2002 (the ‘‘Protocol’’). I also ing all over the West. million in fiscal year 2004, and $26.5 transmit, for the information of the A cloture motion was filed this million in fiscal year 2005, and $27 mil- Senate, the report of the Department evening on the nomination of Charles lion in fiscal year 2006. These funding of State concerning the Protocol. Pickering to be a Federal circuit judge. levels reflect modest increases in some The Protocol would amend the Con- That cloture vote will occur on Thurs- of the research and monitoring pro- vention to make it similar to tax trea- day, and Senators will be notified when grams authorized in the 1998 bill and ties between the United States and that vote is scheduled. provide funding for the new assess- other developing nations. The Conven- Also, as a reminder, an agreement ments and implementation of their rec- tion would provide maximum rates of was reached tonight for the consider- ommendations. tax to be applied to various types of in- This reauthorization facilitates the come and protection from double tax- ation of the fair credit reporting bill, continuation and expansion of collabo- ation of income. The Convention, as and that bill will be considered next rative, science-based research efforts amended by the Protocol, also provides week. that can help us better understand how for resolution of disputes and sets forth f to predict and mitigate harmful algal rules making its benefits unavailable ADJOURNMENT UNTIL 9:30 A.M. blooms and hypoxia events. The nation to residents that are engaged in treaty TOMORROW is well-served by legislation that seeks shopping. to protect coastal ecosystems, re- I recommend that the Senate give Mr. MCCONNELL. Mr. President, if source-dependent economies, and early and favorable consideration to there is no further business to come be- human health, and I thank my col- this Protocol in conjunction with the fore the Senate, I ask unanimous con- leagues for supporting this important Convention, and that the Senate give sent the Senate stand in adjournment bill. I look forward to sending this bill its advice and consent to ratification. under the previous order. to the House of Representatives so that GEORGE W. BUSH. There being no objection, the Senate, they may undertake the next step in THE WHITE HOUSE, October 28, 2003. at 9:22 p.m., adjourned until Wednes- passing it. f day, October 29, 2003, at 9:30 a.m. Mr. MCCONNELL. I ask unanimous ORDERS FOR WEDNESDAY, f consent the committee amendment be OCTOBER 29, 2003 agreed to, the bill be read a third time CONFIRMATION and passed, the motions to reconsider Mr. MCCONNELL. Mr. President, I Executive nomination confirmed by be laid upon the table, and that any ask unanimous consent that when the the Senate October 28, 2003: statements related to the bill be print- Senate completes its business today, it ENVIRONMENTAL PROTECTION AGENCY ed in the RECORD. adjourn until 9:30 a.m. on Wednesday, October 29. I further ask that following MICHAEL O. LEAVITT, OF UTAH, TO BE ADMINIS- The PRESIDING OFFICER. Without TRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY. objection, it is so ordered. the prayer and pledge, the morning THE ABOVE NOMINATION WAS APPROVED SUBJECT TO The committee amendment in the hour be deemed expired, the Journal of THE NOMINEE’S COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY nature of a substitute was agreed to. proceedings be approved to date, the CONSTITUTED COMMITTEE OF THE SENATE.

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