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

Vol. 149 WASHINGTON, FRIDAY, JUNE 13, 2003 No. 87 House of Representatives The House was not in session today. Its next meeting will be held on Monday, June 16, 2003, at 12:30 p.m. Senate FRIDAY, JUNE 13, 2003

The Senate met at 9:30 a.m. and was o’er the land of the free, and the home through the debate and amendment called to order by the President pro of the brave. process to everyone’s satisfaction. I tempore (Mr. STEVENS). And may we say, Amen. will have more to say on the schedule The PRESIDENT pro tempore. To- later today. f day’s prayer will be offered by retired f U.S. Navy Arnold Resnicoff. PLEDGE OF ALLEGIANCE RECOGNITION OF THE ACTING PRAYER The President pro tempore led the MINORITY LEADER Pledge of Allegiance, as follows: The guest Chaplain offered the fol- The PRESIDENT pro tempore. The lowing prayer: I pledge allegiance to the Flag of the Senator from Nevada. O God who made the rainbows in the United States of America, and to the Repub- Mr. REID. While the majority leader lic for which it stands, one nation under God, sky, You made our land a rainbow, too: indivisible, with liberty and justice for all. is in the Chamber—it was not appro- from purple mountain majesties to priate yesterday when we finished the amber waves of grain, we marvel at the f FAA bill—I wish to say in his presence colors of our Nation, and the beauty of RECOGNITION OF THE MAJORITY that it seems the press always focuses our land. LEADER on the flare-ups that take place in the Today, this week, and tomorrow in a Senate in committee or on the floor special way—Flag Week, and June 14, The PRESIDENT pro tempore. The and they do not often recognize the Flag Day—we set aside some time to majority leader is recognized. good work done by the Senate. I think honor special colors: the colors of our f the work done yesterday on the FAA flag. We celebrate the values our flag bill was exemplary. The managers of SCHEDULE in all its colors and its glory rep- the bill, the chairman and ranking resents, and the memories and dreams Mr. FRIST. Mr. President, for the in- member, Senator MCCAIN and Senator our Stars and Stripes—our Star-Span- formation of all Senators, the Senate HOLLINGS, showed their maturity. They gled Banner—still invokes. ‘‘The grand will be in a period for morning business worked through these amendments. old flag,’’ as the old song goes, is still until 10 a.m. Under the previous order, When there was a debate that was nec- ‘‘the emblem of the land I love’’—we at 10 a.m. the Senate will proceed to essary, they had one. When votes were love—‘‘the home of the free and the executive session and immediately necessary, they had votes. There were brave.’’ vote on the nomination of Hewitt Pate no unnecessary votes yesterday. They In a moment we will pledge our alle- to be Assistant Attorney General. That were aided by the two subcommittee giance to the flag—and to the Republic will be the first and only vote today. chairs, Senator ROCKEFELLER and Sen- for which it stands. As we take that On Monday, we will begin consider- ator LOTT. pledge today, let us make that pledge a ation of S. 1, the prescription drug/ I thought yesterday was really a prayer. Let us pray that the colors of Medicare bill. As a reminder, there will good day for the Senate. The FAA re- our flag, and the true colors of our Na- be no votes during Monday’s session. authorization was one of the most im- tion and our people—our dedication to However, Senators will be able to make portant bills we could do. There are the cause of liberty and justice for all; their opening remarks on the prescrip- things in that bill that will help every our courage and determination even in tion drug bill. part of our country. The conferees have the face of adversity; and our faith— Late last night, the Finance Com- already been appointed. They can go to are forever represented by our flag. mittee completed the markup of that conference as early as next week and May it bring hope of better times to all bill, and it will be available for debate come back with a bill very soon. the citizens of our land, and all the na- on Monday. It is our intention to stay Again, I say that it is more press tions of our world. May it forever wave, on that bill until completion, working worthy to focus on things that go

∑ 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 Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.000 S13PT1 S7866 CONGRESSIONAL RECORD — SENATE June 13, 2003 wrong and not very press worthy to known figures and the participation of CONCLUSION OF MORNING focus on things that go right, but it is people whom everybody recognizes, BUSINESS a testament to what the Senate can do such as Mr. Willis, America’s foster The PRESIDENT pro tempore. Morn- with the work we did yesterday on this children will get what they need most, ing business is closed. bill. and that is a family. I applaud my col- f f leagues for their efforts on behalf of America’s foster children. EXECUTIVE SESSION MORNING BUSINESS A few minutes ago, I was listening to The PRESIDENT pro tempore. There LARRY CRAIG. He has been one of the NOMINATION OF R. HEWITT PATE, will now be a period of morning busi- Senate’s leading voices on this whole OF VIRGINIA, TO BE AN ASSIST- ness until the hour of 10 a.m. issue of adoption and foster care. In ANT ATTORNEY GENERAL f 2001, he cosponsored the Hope For Chil- The PRESIDENT pro tempore. Under FOSTER CARE REFORM dren Act as part of the Economic Growth and Tax Relief Reconciliation the previous order, the hour of 10 a.m. Mr. FRIST. Mr. President, I will take Act which we just passed and which has having arrived, the Senate will proceed a few minutes to comment on some become the law of the land. to executive session to consider the events that occurred over the last cou- Others, such as Senator JIM BUNNING, nomination of R. Hewitt Pate, of Vir- ple of days that were not necessarily the distinguished Senator from Ken- ginia, to be an Assistant Attorney Gen- apparent to a lot of people, either in tucky, worked to pass a bill to exclude eral. Washington, DC, or around the coun- foster care payments from taxation. The legislative clerk read the nomi- try. It has to do with a visit from Other Senators, including Senators nation of R. Hewitt Pate, of Virginia, somebody everybody recognizes, and HUTCHISON, LANDRIEU, ROCKEFELLER, to be an Assistant Attorney General. that is Bruce Willis. and CLINTON, have all worked to im- Mr. ALLEN. Mr. President, I ask my Mr. Willis came to our Nation’s Cap- prove foster care and adoption issues. fellow Senators to vote for R. Hewitt itol a couple of days ago to spotlight America’s foster children are helped Pate to be Assistant Attorney General the issue of foster care reform. This is immeasurably by their efforts. for the Antitrust Division of the the first time I had the opportunity to As we debate the big issues, the bold United States Department of Justice. I speak with him on this particular issues, the issues that make the head- rise today to share with my colleagues issue. He is clearly a long-time advo- lines—the Medicare modernization, the my views, familiarity and admiration cate for children in foster care and has addition of prescription drugs to give for R. Hewitt Pate. dedicated a huge amount of time to seniors health care security, to give We all know, and the Presiding Offi- bring attention to the problem of chil- them greater choice, to have plans that cer recognizes, how important our anti- dren who are aging out of the system. better meet their needs—as we debate trust laws are and their beneficial in- I take this opportunity to thank Mr. the important issues, such as energy fluence in making sure we have com- Willis for his efforts and to take a mo- this week and FAA reauthorization and petition in our free market society. ment to underscore the importance of tax credits, we should not forget to Competition is absolutely essential be- the issue he came to share with us, and protect our most vulnerable citizens. cause it forces us to always be innova- that is foster care reform. Truly, America’s foster children are de- tive to ensure a good market share for Thousands of children are cared for pending on us to look out for them. whatever the product or service. Our by loving families in our foster care antitrust laws are vital for free com- system, and we owe these families a f petition in our society and in our econ- debt of gratitude for opening their HAPPY BIRTHDAY PRESIDENT omy. lives, their homes, and indeed their GEORGE HERBERT WALKER BUSH Mr. Pate, as Assistant Attorney Gen- hearts to these children. Because of eral in the Antitrust Division of the their generosity, many foster children Mr. FRIST. Mr. President, I wish our Justice Department, will be one of the do become adopted and experience that 41st President, George Herbert Walker key leaders, if not the key leader, in gift of a warm and a loving family. Bush, a happy birthday. Yesterday he making sure that monopolistic or anti- But too many children—and Mr. Wil- turned a robust 79 years of age. competitive practices do not occur in lis made crystal clear based on his ex- f this country. I can confidently say Mr. periences and the information he has Pate is very well qualified to decide gathered—end up being bounced from DAVID BRINKLEY antitrust matters effectively. He will place to place, never having that op- Mr. FRIST. On behalf of my col- lead with impartiality, dignity and portunity to have four walls and what leagues and myself, I express our con- fairness in this important position. can be called a home, or even really dolences to the family and friends on When I was Governor of Virginia, I one person they can turn to and call the passing of news giant and tele- appointed Mr. Pate to the Virginia family. vision pioneer David Brinkley. Over Commission of Higher Education and Imagine spending your entire child- the course of his 60 outstanding years the Governor’s Commission on Self-De- hood as a virtual orphan: No one to in journalism, David Brinkley covered termination and Federalism. come to your high school graduation, every President from Franklin Delano I have known Hew Pate since he was no one to keep your picture in their Roosevelt to President Clinton. He at the University of Virginia. I was a wallet. Most of us do take for granted earned nearly every award in jour- relatively young delegate at the time, having a family, but for many children nalism, including 10 Emmy Awards and representing Mr. Jefferson’s seat in Al- in America childhood is the time they 3 Peabody Awards. In 1992, David bemarle and Nelson Counties, which spend waiting in vain for someone to Brinkley was bestowed by President surround the University of Virginia. call mom or dad. George Bush the highest civilian Ever since those years, Hew Pate has Even worse, some foster children end honor, the Medal of Freedom award. constantly amazed me. Even then, as a up in situations where they experience He died in his home Wednesday night very young man at the University of severe mental and physical abuse. in Houston. We all say Godspeed to a Virginia School of Law, he was always Many develop health problems and suf- great American. very conscientious and knowledgeable, fer emotional and even physical ne- I suggest the absence of a quorum. and he has been a very good friend and glect. The PRESIDENT pro tempore. The ally ever since. It is my hope that through our ef- clerk will call the roll. Hew Pate graduated first in his class forts in this legislative body, through The legislative clerk proceeded to from the University of Virginia Law the efforts of the National Adoption call the roll. School in 1987 and went on to clerk for Center and other groups such as Chil- The PRESIDENT pro tempore. I ask Judge J. Harvie Wilkinson on the dren in Foster Care, by public aware- unanimous consent that the order for Fourth Circuit Court of Appeals. In ad- ness campaigns such as National Adop- the quorum call be rescinded. dition, Mr. Pate clerked for both Jus- tion Day, through PSAs featuring well- Without objection, it is so ordered. tice Louis Powell and Justice Anthony

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.003 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7867 Kennedy on the United States Supreme focused on mergers of competitors, but tradition of vigorous antitrust enforce- Court. as more and more vertical arrange- ment. The performance of the Anti- After these impressive clerkships, ments are entered into, we must be trust Division over the last 2 years Mr. Pate went on to practice antitrust aware—and be wary—of such deals. under Mr. Pate’s predecessor’s leader- law for 10 years at Hunton & Williams, While in some cases they may permit ship gave me considerable cause for which is one of Virginia’s largest and consumers a greater range of choice concern. From the defects in the most highly respected law firms. Hew than they would otherwise enjoy, they Microsoft settlement—which many be- Pate also taught competition law at can also facilitate grievously anti- lieve was unnecessarily weak and rid- the University of Virginia. competitive behavior. As we all move dled with loopholes—to the general de- Since 2001, Mr. Pate has performed more and more of our acquisition of in- cline in the division’s enforcement ac- with distinction, handling several sig- formation, of goods, and of services, to tivities, we were left to wonder if the nificant matters in a scholarly, rea- the Internet, the online businesses and division was truly committed to its soned, and admirable manner for the markets will need the scrutiny of the crucial mission of protecting competi- Department of Justice’s Antitrust Di- Antitrust Division to help guarantee tion. We will expect the next Antitrust vision. Since November 2002, Hew Pate that those marketplaces provide dig- Division Chief to return to the tradi- has been the Acting Assistant Attorney ital-age consumers with the quality tion of strong and energetic antitrust General for Antitrust. In fact, on a and quantity of offerings that have enforcement. case affecting a major company in the long been the promise of the Internet. I believe that Mr. Pate is well quali- Commonwealth of Virginia, my good As Mr. Pate confronts these issues, fied to restore our confidence and lead colleague Senator WARNER and I were with the help of the many seasoned ca- the Antitrust Division in the years on one side advocating a certain result, reer lawyers and economists in the ahead. He has compiled an impressive and Mr. Pate was on the other side. Mr. Antitrust Division, I am confident that record of achievement at a relatively Pate briefed us on how our views were he will be able to protect and promote young age as an attorney in private not necessarily in accordance with the the competitive health of the Amer- practice, and we have heard a great views of the Department of Justice, but ican economy. We all stand to benefit deal of praise for his talents and legal he did it in a very careful, considerate, if he does his job well. I stand by ready acumen. Since joining the Justice De- and well-reasoned way. Afterward, we to help him ensure that consumers and partment as a Deputy Assistant Attor- did not have any reason to appeal be- producers alike enjoy the benefits of a ney General in the Antitrust Division cause the conclusion was so well properly functioning marketplace. more than 2 years ago, Mr. Pate has briefed and researched. Mr. KOHL. I rise today in support of proven to be an effective enforcer of It is my sincere pleasure to highly the confirmation of Hew Pate to the our Nation’s antitrust laws. As a Dep- recommend this exceptional nominee important post of Assistant Attorney uty, he was responsible for many of the and outstanding Virginian this morn- General for Antitrust. I am confident division’s most important matters, in- ing. that Mr. Pate’s talents and dedication cluding its successful challenge last I respectfully urge all my colleagues will serve the Justice Department and year to the Echostar/DirectTV merger to support the confirmation of R. Hew- the American people very well in this in the satellite television industry. itt Pate to this important position in vital position. And I have been particularly impressed the Department of Justice. I think he The responsibilities of the Justice with his dedication and hard work will be an outstanding Assistant Attor- Department’s Antitrust Division have since he assumed the leadership of the ney General, leading the Antitrust Di- never been more important. In our Antitrust Division on an acting basis vision. challenging economic times, we all de- last fall. My favorable impression of Mr. Pate Mr. LEAHY. Mr. President, today, we pend on the dynamism of competition has been enhanced by my own dealings confirm R. Hewitt Pate to be Assistant to provide economic growth and jobs with the nominee. He demonstrated his Attorney General of the Antitrust Di- necessary to propel our economy for- knowledge and expertise in antitrust vision at the Department of Justice. ward. And I am convinced that only law at our confirmation hearing sev- The Antitrust Division is charged with the aggressive enforcement of our Na- eral weeks ago. And I was particularly a critically important role in pro- tion’s antitrust laws—our fundamental pleased with his forthrightness and tecting our nation’s consumers and charter of economic liberty proven for candor in our private meeting in ad- their markets, and I look forward to over 110 years—will ensure that com- vance of the hearing, where he im- Mr. Pate fulfilling that role with dili- petition will flourish and ensure that pressed me with the sincerity and seri- gence and distinction. consumers will obtain the highest qual- ousness with which he would take his As the boundaries of our market- ity products and services at the lowest new responsibilities. places are expanding ever outward, possible prices. The Antitrust Division I will therefore vote in favor of con- many of the competitive issues that must be a vigilant watchdog to ensure firming Mr. Pate. I will look forward to were once only local have become re- that the antitrust laws are properly en- working with Mr. Pate in the months gional, national, or even global in their forced to prevent companies from sti- and years ahead. impact. That global economy is also fling competition and harming con- Mr. HATCH. Mr. President, I rise in increasingly dominated by high tech sumers. support of R. Hewitt Pate’s nomination and information industries. In those Moreover, Mr. Pate will assume his for Assistant Attorney General for the arenas, technological change and inno- post at a time when the Antitrust Divi- Antitrust Division. vation are taking place at dizzying sion will have to serve as our last line I would note that Mr. Pate’s nomina- speed, and we are seeing new and cre- of defense against excessive media con- tion was unanimously approved by the ative products and services developed solidation. Now that the FCC has sub- Judiciary Committee. I fully expect every day. Fair and efficient policing stantially relaxed media ownership re- that the Senate will follow suit and of corporate behavior in those swiftly strictions, many expect a new wave of quickly approve his nomination to this evolving markets is particularly im- media mergers and acquisitions. These important position. portant to ensure that the early en- acquisitions will come before the Jus- Over the last decade, the position of trants do not preclude competition tice Department for review. We will ex- the Assistant Attorney General for from later rivals, and that a rapid ac- pect that Mr. Pate will be careful to re- Antitrust has grown in importance. cumulation of market power cannot be view these transactions to ensure that The rapid transformation of our coun- used to harm consumers. they do not unduly diminish competi- try’s economy, particularly in new Another hallmark of antitrust prob- tion in the marketplace of ideas nor technologies and international mar- lems arising in recent years has been unduly harm the diversity of news and kets, has raised public attention and the increasing number of situations in information so essential to our democ- policy focus on a variety of important which suppliers and distributors join racy. antitrust issues. The Assistant Attor- forces, possibly to the detriment of It is essential, then, that the next ney General plays a crucial role in for- consumers. Many of us are accustomed head of the Antitrust Division be com- mulating competition policy and en- to thinking of antitrust enforcement as mitted to the Justice Department’s forcing existing antitrust laws to make

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.008 S13PT1 S7868 CONGRESSIONAL RECORD — SENATE June 13, 2003 sure that our free-market economy op- DORGAN), the Senator from North Caro- tiated if the bill is not available by erates efficiently and serves the public. lina (Mr. EDWARDS), the Senator from that time. I ask consent that on Mon- Mr. Pate comes before the United (Mr. GRAHAM), the Senator day there be debate only with respect States Senate with an impressive track from Iowa (Mr. HARKIN), the Senator to the bill. record of public service in the Anti- from South Carolina (Mr. HOLLINGS), The PRESIDING OFFICER. Without trust Division. In June 2001, he was ap- the Senator from Vermont (Mr. JEF- objection, it is so ordered. pointed as the Deputy Assistant Attor- FORDS), the Senator from Massachu- f ney General responsible for Regulatory setts (Mr. KERRY), the Senator from Matters, and served ably under then New Jersey (Mr. LAUTENBERG), the Sen- MORNING BUSINESS Assistant Attorney General Charles ator from Connecticut (Mr. Mr. ALEXANDER. I ask unanimous James. In November 2002, after Mr. LIEBERMAN), the Senator from Mary- consent there now be a period of morn- James’ departure, Mr. Pate was ap- land (Ms. MIKULSKI), the Senator from ing business, with Senators permitted pointed as Acting Assistant Attorney Georgia (Mr. MILLER), the Senator to speak for up to 10 minutes each. general for the Antitrust Division. from Washington (Mrs. MURRAY), the The PRESIDING OFFICER. Without During that time, he has demonstrated Senator from Florida (Mr. NELSON), objection, it is so ordered. his talent and ability to lead the Anti- and the Senator from Nebraska (Mr. f trust Division. NELSON) are necessarily absent. Prior to joining the Justice Depart- I also announce that the Senator CHANGE OF VOTE ment in 2001, Mr. Pate practiced at the from Rhode Island (Mr. REED) is absent Mr. BAYH. Mr. President, on rollcall distinguished law firm of Hunton & attending a funeral. vote No. 221 I voted nay. It was my in- Williams in Richmond, Virginia, where I further announce that, if present tention to vote yea. Therefore, I ask he had a distinguished record in rep- and voting, the Senator from Massa- unanimous consent that I be permitted resenting both plaintiffs and defend- chusetts (Mr. KERRY) would vote to change my vote. This will in no way ants in a variety of antitrust and busi- ‘‘yea’’. change the outcome of the vote. ness law cases. After graduating first The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without in his class at the University of Vir- any other Senators in the Chamber de- objection, it is so ordered. ginia Law School in 1987, Mr. Pate siring a vote? went on to clerk for the honorable J. The result was announced—yeas 71, f Harvie Wilkinson, at the United States nays 0, as follows: ZIMBABWE Court of Appeals for the Fourth Cir- [Rollcall Vote No. 226 Ex.] Mr. ALEXANDER. Mr. President, I cuit, Supreme Court Justice Lewis YEAS—71 Powell, and Supreme Court Justice An- rise today to bring to the attention of Akaka Corzine Leahy the Senate the oppression of democ- thony Kennedy. During his tenure at Alexander Craig Levin the firm of Hunton & Williams, Mr. Allard Crapo Lincoln racy and freedom underway in Pate found time to teach at the Uni- Allen Daschle Lott Zimbabwe. A number of my colleagues, Baucus Dayton versity of Richmond and University of Lugar including the Senators from Arizona Bayh DeWine McCain Virginia Law Schools. Bennett Dodd and Kentucky, have led this body in McConnell discussions about oppression in Burma. With such an impressive background, Biden Domenici Murkowski Bingaman Durbin Pryor I share their concerns. both in private practice and in anti- Bond Ensign Reid But as Chairman of the Foreign Rela- trust enforcement, particularly given Boxer Feingold Rockefeller Brownback Feinstein tions Subcommittee on African Affairs, his proven track record, I am confident Santorum Bunning Frist I would be remiss not to note a strug- that Mr. Pate will be an excellent As- Sarbanes Burns Grassley gle in Zimbabwe that bears at least sistant Attorney General for the Anti- Byrd Gregg Schumer trust Division. I am hopeful that this Campbell Hagel Sessions some similarity to events in Burma. As Cantwell Hatch Shelby in Burma, the leader of the democratic Senate will act quickly to confirm Mr. Snowe Pate’s nomination. Chafee Hutchison opposition in Zimbabwe has been im- Chambliss Inouye Specter prisoned by an illegitimate govern- Mr. LOTT. Mr. President, I ask for Clinton Johnson Stabenow the yeas and nays. Coleman Kennedy Stevens ment in a cruel attempt to maintain The PRESIDING OFFICER (Mr. Collins Kohl Sununu power. Conrad Kyl Talent The so-called ‘‘President’’ of CHAFEE). Is there a sufficient second? Cornyn Landrieu Wyden There is a sufficient second. Zimbabwe, Robert Mugabe, has en- The question is, Will the Senate ad- NOT VOTING—29 gaged in a systematic campaign of in- vise and consent to the nomination of Breaux Harkin Nelson (FL) timidation, torture, and terror to op- R. Hewitt Pate, of Virginia, to be an Carper Hollings Nelson (NE) press opposition to his rule over Cochran Inhofe Nickles Zimbabwe. Since the elections of 2000, Assistant Attorney General? The clerk Dole Jeffords Reed will call the roll. Dorgan Kerry Roberts when Mugabe’s ruling party rigged the The assistant legislative clerk called Edwards Lautenberg Smith elections in its favor and terrorized the roll. Enzi Lieberman Thomas voters for the opposition, Zimbabwe Fitzgerald Mikulski Voinovich Mr. MCCONNELL. I announce that Graham (FL) Miller has been thrown into a downward spi- Warner the Senator from Mississippi (Mr. Graham (SC) Murray ral. Youth brigades not unlike the Hit- COCHRAN), the Senator from Wyoming The nomination was confirmed. ler Youth or Chinese Red Guard roam (Mr. ENZI), the Senator from North the streets and invoke terror on those f Carolina (Mrs. DOLE), the Senator from who resist Mugabe’s rule. The coun- Illinois (Mr. FITZGERALD), the Senator LEGISLATIVE SESSION try’s infrastructure, which was fairly from South Carolina (Mr. GRAHAM), the The PRESIDING OFFICER. Under good prior to this time, has deterio- Senator from Oklahoma (Mr. INHOFE), the previous order, the Senate will re- rated rapidly. the Senator from Oklahoma (Mr. NICK- sume legislative session. In the last week the situation has LES), the Senator from KANSAS (Mr. f grown worse. A little over 1 week ago, ROBERTS), the Senator from Oregon for the second time this year, the peo- (Mr. SMITH), the Senator from Wyo- UNANIMOUS CONSENT ple of Zimbabwe stood up and said ming (Mr. THOMAS), the Senator from AGREEMENT—S. 1 enough is enough. Strikes and work Ohio (Mr. VOINOVICH), and the Senator Mr. ALEXANDER. MR. President, I stoppages occurred throughout the from Virginia (Mr. WARNER) are nec- ask unanimous consent that at 2 p.m. country as many citizens engaged in a essarily absent. on Monday, June 16, the Senate pro- massive protest of Mugabe’s illegit- Mr. REID. I announce that the Sen- ceed to the consideration of S. 1, the imate regime. Many rightly blame ator from Louisiana (Mr. BREAUX), the Prescription Drug Benefits bill, re- Mugabe not only for political turmoil, Senator from Delaware (Mr. CARPER), ported by the Finance Committee; pro- but also economic decay, led by fuel the Senator from North Dakota (Mr. vided further that this order will be vi- and food shortages.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.001 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7869 The government’s response was swift Zimbabwe. President Bush recently im- abundant friendship. She has been a and brutal. Armed troops descended posed sanctions on the Mugabe govern- leader in and here in the Senate. upon neighborhoods where opposition ment. The sanctions, which began on It is lives like Senator HUTCHISON’s members lived and violently beat those March 7, prohibit any U.S. corporation that make me proud to say I am from suspected of opposing Mugabe. More from making business deals with the great State of Texas, and prouder than 800 individuals were arrested, Zimbabwe and also freeze any assets still to call her my friend. many of them tortured. According to top Zimbabwean officials in the Senator HUTCHISON, over these last 10 the most recent reports I have seen, Mugabe government may have in U.S. years in the Senate, has made Texas about 150 individuals have now been re- banking institutions. The State De- proud as she works hard for all Ameri- leased, but only after paying an ‘‘ad- partment has condemned Mugabe’s ac- cans as a woman of great valor. I thank mission of guilt’’ penalty of $3,000 to tions, and taken other appropriate dip- Senator HUTCHISON for her leadership, $5,000. In order to get out of jail, you lomatic action. for her counsel, and for her steadfast have to admit your guilt and pay a The people of Zimbabwe deserve bet- service to the great State of Texas and huge fine. ter. They deserve better than a regime to the United States of America. Here is Mugabe’s justification. He is that commits violence on its own peo- I yield the floor. quoted as saying, ‘‘The actions are bla- ple. They deserve better than to see Mr. ALEXANDER. Mr. President, I tantly illegal in that they are aimed at their economic infrastructure de- commend my colleague, Senator an unconstitutional removal of the stroyed by a dictator-on-the-rampage. CORNYN, for his remarks. Senator KAY country’s head of state.’’ He is essen- And they are standing up for them- BAILEY HUTCHISON has distinguished tially saying that by protesting his selves by actively demonstrating herself over these 10 years. It is very rule, protestors are committing a against this terrible regime. I hope appropriate that her junior colleague crime. And he is arresting and tor- other countries in the region will join bring that to the attention of the Sen- turing them as a result. The only crime with the United States and others in ate. She is a Senator from our second being committed is the continued rule opposing this brutal regime in the hope largest State. She has been a pioneer in of Robert Mugabe. of bringing new, democratic leadership women’s rights and advancement by Just prior to the first crackdown in to power in Zimbabwe. women. When she began her career, as March, which followed a similar pro- The PRESIDING OFFICER. The Sen- was true for our colleague from North test and work stoppage, Mugabe said, ator from Texas. Carolina, Senator DOLE, not many and I am quoting, ‘‘I am still the Hitler f legal jobs were available to women, of the time.’’ Let me say that again. He much less positions in the Senate. said, ‘‘I am still the Hitler of the TRIBUTE TO SENATOR KAY She has achieved a lot. She is part of time.’’ He purposely chose to compare BAILEY HUTCHISON our leadership, and I am glad I was himself to Adolph Hitler, perhaps the Mr. CORNYN. Mr. President, I want here to hear Senator CORNYN’s re- most evil leader in the entire 20th cen- to take a few moments to say some marks. tury. After that announcement in words in tribute to the senior Senator I hope both Senators will permit me March, military forces loyal to Mugabe from Texas, one who this week marks to comment on the fact that some of burst into people’s homes in pre-dawn her tenth anniversary as a Member of the best things in Texas come from raids, raping and beating those sus- this august body, Senator Kay Bailey Tennessee. A lot of Tennesseans went pected of supporting the Movement for Hutchison. to Texas in the 1830s. One of Senator Democratic Change, Zimbabwe’s oppo- Senator HUTCHISON is a wonderful HUTCHISON’s ancestors was Governor sition party. Torture tactics included spouse to her husband, Ray; a wonder- Hall, of Tennessee, just as Sam Hous- rape, electrocution, forced consump- ful mother to her children, Bailey and ton was Governor of Tennessee before tion of chemicals and urine, cigarette Houston; an excellent Senator; and a he was Governor and Senator from burning, whipping with steel cable, great Texan. I am enormously grateful Texas. So Tennesseans take special barbed wire and sustained beatings. to be able to work alongside of a pride in 10 years of service by someone What makes these events truly tragic woman of her vision, a woman of her we consider, if not our daughter, at is that prior to Mugabe’s actions, energy, and someone who represents least our cousin. Zimbabwe was not a dilapidated coun- the very best of the State of Texas. The PRESIDING OFFICER. The Sen- try ready to collapse. On the contrary, After 10 years in the Senate, Senator ator from Texas. it was a leading African nation with a HUTCHISON has shown herself to be a Mr. CORNYN. Mr. President, I thank strong economy and infrastructure. great leader in so many different ways. my desk mate and member of the fresh- Zimbabwe’s roads were among the best She has devoted herself to our national man class of 2002 in the Senate, LAMAR in Africa, and its agricultural sector security. She has dedicated herself to ALEXANDER, for his comments and his was a major exporter. As an example of preserving our homeland security. She friendship and his great service, not the rapid decline Zimbabwe faces, their has energetically sought legislation only on behalf of Tennessee but on be- GDP has shrunk from $9.3 billion in that will create jobs and greater oppor- half of the Nation. He did make a very 2001 to only $5.4 billion today. It has tunities for all Americans. She has appropriate observation about the con- been cut nearly in half in only 2 years. worked hard to improve health care, nection between the people of the State The latest news reports from not just for people in our State, the of Tennessee and Texas. Some have Zimbabwe show that Mugabe is now ac- State of Texas, but for all Americans. said many of the people who populated tively imprisoning and torturing lead- All of us came here from our various Texas were evading their creditors in ers of the opposition party, the Move- States to serve those States, but we Tennessee, which is one reason for ment for Democratic Change or MDC. also came here to serve this great Na- their going to Texas in the first place, Morgan Tsvangirai, the leader of the tion. Senator HUTCHISON came here, in where they believed there would be MDC, is in prison and charged with addition, to make a difference, to work great opportunity. With a land the size treason as are hundreds of party activ- to find solutions to the complex prob- of Texas, with the opportunity to till ists. Tsvangirai lost last year’s rigged lems of modern society, to attain real the soil and take risks and perhaps Presidential elections, and has begun and lasting change for the good. She reap the rewards of that risk, many legal proceedings against Mugabe be- has succeeded in brilliant fashion. people came from all over the United cause the elections were not conducted President once said: States—indeed, the world—to Texas. properly. I can only hope that We have been blessed with the opportunity One great Tennessean—and I want to Tsvangirai and the MDC survive to stand for something, for liberty and free- just make this comment while Senator Mugabe’s violent rampage against dom and fairness, and these are things worth ALEXANDER is here—with whom I am them. fighting for, worth devoting our lives to. proud to connect myself is Sam Hous- The and the State De- Senator HUTCHISON has devoted her ton, who was a distinguished figure in partment have responded to this crisis, life to these very values. Her life serves Tennessee before he came to Texas, and I hope will continue to work to as an example to us all, a life of patri- then served as Governor, President of achieve a change of leadership in otism, responsibility, dedication, and the Republic, and whose seat in the

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.003 S13PT1 S7870 CONGRESSIONAL RECORD — SENATE June 13, 2003 U.S. Senate I now hold. When Texas has that, an institutional memory. It Charlie Watkins was the Parliamen- was annexed to the United States of is acquired after one is here a great tarian when I came. That is a long America in 1845, Thomas Jefferson while, normally. But it is not normally time ago as we measure service in the Rusk, a former member of the Texas that every Senator acquires an institu- Senate. Supreme Court at that time, and Sam tional memory. So Sally acquired that deep exposure, Houston, came to Washington to rep- Why is that? One has to be inter- that I referred to, to the Senate rules resent the State of Texas. ested. A Senator must be interested in and precedents. And one who is in such So I am proud to have that connec- the Senate as an institution, its his- a position naturally witnesses the Sen- tion, another connection with the good tory, its customs, its folklore, its rules, ate’s dynamic change as events occur. people of Tennessee and with my friend and its precedents. Then one will have History progresses and Members come LAMAR ALEXANDER, and to be con- an institutional memory. and go. Such long service in such a po- nected through that lineage to that The institution means something. sition imparts, as I say, almost a sixth seat originally held by a great Ten- The institution is always at the center sense about the Senate and about its nessean, and we claim him as a great of a Senator’s public life, if he or she unique role in our constitutional sys- Texan, a great American still, Sam has an institutional memory. tem. Such an individual really can Houston. Can you imagine the institutional never be replaced. Mr. President, I yield the floor. memory that Sally possesses? When Today, when so many Members and I suggest the absence of a quorum. one works alongside so many Parlia- staffers in our Senate family do not The PRESIDING OFFICER. The mentarians, one acquires a deep, deep stay very long, I often wonder how we clerk will call the roll. exposure to Senate rules and prece- will fare in keeping that sense of the The assistant legislative clerk pro- dents. Senate rules and precedents— institution alive in future years, that ceeded to call the roll. how important are they? institutional pride, pride in being a Mr. BYRD. Mr. President, I ask unan- Thomas Jefferson in his manual, Member, an individual who has been se- imous consent that the order for the ‘‘Jefferson’s Manual,’’ spoke of Speaker lected by the constituents of that par- quorum call be rescinded. Onslow. ticular State, who have gone to the The PRESIDING OFFICER (Mr. AL- I watched television when it was voting booths and cast their votes for a EXANDER). Without objection, it is so good. There is a good show on most particular individual to serve in this ordered. Saturday nights. I get it on Channel 22 great institution. We must find a way Mr. BYRD. Mr. President, is the Sen- in McLean, or I get it on 26 over in because, year by year, an under- ate in morning business? McLean. On some evenings, this par- standing of the Senate’s ultimate role The PRESIDING OFFICER. It is in ticular picture, or show, will be on and purpose is slipping away. both—possibly on 22 at a given time morning business. We have these pages on the Repub- Mr. BYRD. Mr. President, I ask unan- and a half hour later on Channel 26. lican side and the Democratic side, and imous consent to speak out of order for This picture is British. Ah, what actors they are wholesome, fine young people. such time as I may consume. they are. We have few Americans, in I talk with every new class that comes The PRESIDING OFFICER. Without my judgment, who are real, honest-to- in. I get acquainted with them. I talk objection, it is so ordered. goodness actors. They are conscious of with them. I tell them stories. I tell Mr. BYRD. Mr. President, I thank the fact that they are acting in that them, for example, the story written the Chair. show. It comes out at you when you by that great author, Tolstoy, ‘‘How watch it, but not with the British. f Much Land Does a Man Need?’’ They just act in a very natural way, SALLY GOFFINET and speak—what great English, what I have not talked to this new group Mr. BYRD. Mr. President, Sally grammar. The British have it all over yet, but probably the first story I will Goffinet is an unsung hero. Like many us, for the most part. tell them will be ‘‘How Much Land thousands of Senate staffers, her name On Saturday nights, my wife Erma Does a Man Need’’ by Tolstoy. Then I is not widely known. There are no news and I watch ‘‘Keeping Up Appear- may tell them that story that great accounts of her 31 years of service to ances.’’ It is good, clean comedy. So Chataquan speaker told 5,000 times. her country. Her quiet professionalism tune in on ‘‘Keeping Up Appearances.’’ Russel Conwell, that great Chataquan will never be the subject of wide ac- As I talk about Sally, she has seen speaker, told the story ‘‘Acres of Dia- claim. But she is a star of the Senate Members come and go. She has ac- monds.’’ He said he had told that story family. Sally is one of the thousands of quired an institutional memory. And 5,000 times. Well, I am going to tell people stretching back over the history such long service in such a position im- that story to the pages also. of our Republic to whom the Senate parts almost a sixth sense about the These are great stories, and I look owes a very great debt. Senate and about its unique role in our forward to talking with them. In this Sally Goffinet was hired in 1972 by constitutional system. way, I help to preserve an under- one of the greatest Parliamentarians And as I was about to say, Thomas standing of what the Senate is all ever to serve the Senate, the late Dr. Jefferson spoke of the Speaker of the about. We talk about that. We talk Floyd Riddick. Sally was the first British Parliament when he spoke of about politics and about the Senate so woman ever to be assigned to that of- Mr. Onslow. The reason I got off on that these young people, when they fice. She continued to serve the Parlia- this other part about the Saturday leave here, will go out and they will mentarian’s office until the spring of evening TV is because there is a person spread the word also. this year, at which time she retired. in this comedy show whose name is Individuals like Sally Goffinet have Sally has worked for every Parliamen- Onslow. When Jefferson spoke of helped to keep us true to our course. tarian since the office was established, Onslow, he was speaking of a different And, today, I thank Sally for her long except for the very first Senate Parlia- Onslow. He was talking of the Speaker years of service, her pleasant and pro- mentarian, Mr. Charles Watkins. of the House of Commons, who said— fessional demeanor, which I will miss, Charles Watkins was the Parliamen- and Jefferson said it also—that it is and her wisdom, born of long experi- tarian when I came to the Senate 45 more important that there be a rule ence and deep appreciation for the spe- years ago. than what the actual rule says. And he cial place which is the United States Sally graduated from college with a makes a very good point in saying that Senate. BA in history. So her interest in the it is more important that there be a I send my best to her husband of 31 Senate came naturally. rule than what the rule actually says. years, Joe Goffinet, and to her daugh- Can you imagine the institutional Because if there is a rule, there will be ter, Sarah. Joe is a special education knowledge and the institutional mem- order, and a minority will be heard. If teacher. Sarah is a graduate of ory she possesses? She possesses some- there is a rule, there will be order. Bowdoin College in Maine, and she is thing there. And so we are talking now about the presently working at the Corcoran Gal- When I say that, I mean an institu- Parliamentarians. The Senate has not lery of Art. So the Senate’s loss is tional memory. And not every Senator always had a Parliamentarians. But their gain.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.012 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7871 FLAG DAY Today that Presiding Officer is from atop the coffin and preserved for a Mr. BYRD. Well, the next subject I the State of Tennessee, and he presides grieving widow. want to talk about today—and may I over the Senate with great dignity and Mr. President, our flag is our Na- say to any other Senator who wishes to aplomb. tion’s greatest symbol, the icon by have the floor, I will be glad to give it While we are on that subject, people which we are recognized around the up at any time. So I do not want to hog all over the country watch the United world. Old Glory—there is nothing, the floor, if I may use that word, States Senate, which is the premier nothing, that can match it is our flag. ‘‘hog.’’ upper legislative body in the world That is the way we feel about it. It has Tomorrow is Flag Day. today. Aren’t you proud that you serve withstood war. It has withstood as- Now, from time to time, I speak on in this body? Always keep in mind that saults upon its fabric. But no assault events such as Flag Day, these na- the world is watching. It is watching has yet bested the fabric of this Nation tional holidays—Independence Day, Fa- that Presiding Officer, how he or she or the ideals upon which the Nation ther’s Day, Mother’s Day, Columbus presides, and that is why I try to sug- was founded. Day, and so on. When I first came to gest to new Members that they preside I firmly believe that if we hold true the Congress, now over a half century in a way that lets the world know that to our Constitution—here it is; I hold ago, there were Senators and there here is truly the greatest body of all. it in my hand, the Constitution of the were Members of the House who spoke I suggest they not read mail, they United States—our flag will never fail, on these subjects. I do not see much of not read while they are and this great constellation of stars that anymore. So I try to preserve that presiding; that they give their full at- and States will shine on through ages way of Senate tradition, talking about tention to the Senate, to the Chamber, to come. these days every year as they come to the individual Senator who is speak- So I close with one of my favorite along. It enables us to be still and ing. Members of State legislatures poems by Henry Holcomb Bennett, en- know and to remember the things that watch this Presiding Officer, believing titled ‘‘The Flag Goes By.’’ are our heritage, the things that made that here is the best, and we have to be Hats off. America great. We hear a lot about conscious of that when we preside. We Along the street there comes family values, and so I speak on Moth- should be. Professors, students, coal A blare of bugles, a ruffle of drums, er’s Day about our mothers, I speak in miners, housewives—people in every A flash of color beneath the sky; walk of life—watch that desk. Hats off. advance of Father’s Day—as I will a The flag is passing by. little later this morning—about Fa- There used to be a telephone at that desk. When I became majority leader, I Blue and crimson and white it shines, ther’s Day, to preserve this heritage. Over the steel-tipped, ordered lines. Mr. President, since 1885, Americans took it out. I believe I was majority Hats off. have observed Flag Day on June 14. In leader at that time, or perhaps major- The colors before us fly; 1949, President Truman signed an Act ity whip. But I took that telephone out But more than the flag is passing by. of Congress designating June 14 of each so the Senators would not sit at that Sea-fights and land-fights, grim and great, year as National Flag Day. That day, desk and be talking on the telephone Fought to make and to save the State: Weary marchers and sinking ships; June 14, which this year falls on Satur- while they were presiding. A few of them did that, so I just moved out the Cheers of victory on dying lips; day, was chosen because it was on June Days of plenty and years of peace; 14, 1777, that the Continental Congress telephone. March of a strong land’s swift increase; adopted the Flag Act establishing an So there is the flag right there by the Equal justice, right in law, official flag for the new Nation. Presiding Officer. We see it every day Stately honor and reverend awe. The first Flag Act was a model of when we address the Chair. That is the Sign of a nation, great and strong brevity. Here is what it said in its en- flag, as I say, that flies over the Cap- To ward her people from foreign wrong; itol Building today. Pride and glory and honor—all tirety: Live in the colors to stand or fall. Resolved, That the Flag of the United This very abridged, short history now of the flag does not, of course, do jus- Hats off. States be made of thirteen stripes, alternate Along the street there comes red and white; that the Union be thirteen tice to the emotions that we all feel as A blare of bugles, a ruffle of drums; stars, white in a blue field, representing a we look at that flag. Imagine the ex- And loyal hearts are beating high; new Constellation. citement in each new State as a new Hats off. As many Senators may remember flag is unfurled for the first time with The flag is passing by. from their schooldays, in the early its new constellation of stars. Imagine f years of the Nation there were a num- the excitement in the State of Alaska FATHER’S DAY ber of different variations of the flag when that new flag was unfurled. Imag- including, of course, the one consisting ine the excitement in the State of Ha- Mr. BYRD. Mr. President, this Sun- of a circle of 13 stars that was attrib- waii in 1959, when I first came to the day, June 15, is Father’s Day. It is a uted in our schoolbooks to Betsy Ross. Senate—there was a new star in that day of lovely chosen, if sometimes As the Nation grew, however, constellation. Imagine the excitement unstylish, ties; a day of lumpy clay changes were made to the flag. Each in Hawaii as the people saw that flag bowls and golf tee puzzles; of handmade change was authorized by an Act of with the new star. West Virginia was cards and big brunches. It is a day for Congress or, in later years, by an Exec- the 35th star on the flag. family members to struggle over what utive order of the President. We have but to think of the explorers to get dad, in a reflection of both the In 1818, Congress provided for a flag who have carried the American flag to many hours that fathers spend away of 13 stripes, 1 for each of the original the ends of the Earth and into space. from home working and of his pro- 13 Colonies, and 1 star for each State to We have but to look at the classic pho- clivity for just buying himself what he be added to the flag on the Fourth of tograph of the American flag being wants. July following the admission of each erected at Iwo Jima to share in the de- What does dad need? Nothing, really. new State to the Union. termination and triumph of that mo- What he wants is more time with his The most recent change was made by ment. And in the wake of September family and more time for fun, but that Executive order of President Eisen- 11, 2001, who was not touched to the cannot be purchased. That is some- hower on August 21, 1959. His order pro- core by the sight of all the American thing that cannot be purchased at the vided for the arrangement of the stars flags that sprang up defiantly, as it mall. in 9 rows of stars staggered hori- were, across the Nation immediately This Father’s Day will be even more zontally and 11 rows of stars staggered after that attack, showing our sym- special for the men returning from vertically. That is the flag that flies pathy, our resolve. service in Iraq in time to meet newborn over this Capitol Building today, and There is no doubting the love and the sons and daughters for the first time. that is the flag that stands majesti- sorrow when you catch a tear creeping They will be coming home to a pre- cally as it does beside the desk of the down the face of a man in uniform as cious new life that they see for the President of the Senate, to the right of taps is played and another flag is care- first time in many instances. It is dif- the Presiding Officer. fully and ceremoniously folded from ficult to imagine the poignant first

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.015 S13PT1 S7872 CONGRESSIONAL RECORD — SENATE June 13, 2003 meeting as the same large hands that winner. Their comforting presence adds 750,000, give or take, in the United wrestled weapons on aircraft or into to family life and their loss is felt pro- States. They would become ill one tanks now cradle small bundles foundly. morning and die that afternoon or the squirming with life and happy, tooth- It was in recognition of both roles next day—the great influenza epidemic. less smiles. What moments of simple, that one of the first Father’s Day serv- So my mother felt that if she did not unalloyed joy. ices was held, in my own State of West recover, she wanted this family, Tyson If we are fortunate this Father’s Day, Virginia. It makes me proud that my Dalton Byrd and his wife, to raise me. it will be a day of beautiful June skies, State figures in the history of both That was her wish. Of my three older warm weather and lush lawns trimmed Mother’s Day and Father’s Day. brothers and a sister, the three older close and smelling of fresh cut grass. If That first Father’s Day service was brothers were given to the other sister. we are lucky in this very rainy spring, conducted by Dr. Robert Webb at the My father had several sisters. My fa- it will be a day to enjoy family activi- Central United Methodist Church in ther kept the daughter, my sister. So ties outside, to preside over savory pic- Fairmont, WV, in 1908. The service was that is the way it was. nics or barbecues, to play ball games, to honor the 210 fathers killed in the The people who reared me were kind. to take long walks with the dog. terrible mine explosion at Monongah, They were not well educated. I was the I look forward to that. I take a walk WV, on December 6, 1907, that took the first person ever, I suppose, in my fam- with my dog every day before I come to lives of more than 360 men in all. ily to go to the second or third grade, work. When she sees me getting ready Think about it. There was no joy at if that far. Nobody else in my family she knows I am going to leave and go Christmas in Monongah in 1907. The ever went beyond that. They could to work. When she sees me put on a tie, idea for the service was the inspiration barely read and write, but they were she stays at my feet and does not leave of Mrs. Charles Clayton, who sym- good people. They were honest, they me until I take her for that walk. pathized with the grieving families of were hard working, and they loved me. I used to have a little dog named these men, as she still mourned the So that is what I remember. My dad Billy. I spoke of Billy many times on loss of her own father. Reverend Webb, was my uncle, you see. I never knew this floor during his 15 years with us, was Mrs. Clayton’s pastor, and he any other father because my uncle and but Billy is gone. Now we have a little agreed with her thoughts and prepared his wife, my aunt, brought me to West shitzu, and she was named ‘‘Trouble’’ a special mass held in honor and re- Virginia from North Carolina when I by my wife. These dogs were to be the membrance of fathers on July 5, the was 2 or 3 years old. So I remember palace dogs in Tibet, exceedingly very next year, 1908. This service was this man, Titus Dalton Byrd as my fa- friendly. She just loves everybody so I but a one-time event. ther. He loved me. have to be very careful that she does It was the selfless efforts of one fa- I can remember his coming from not get out the door and go. She will ther that inspired his daughter to ad- work. He was a coal miner. I can re- leave with anybody. I call her ‘‘baby.’’ vocate a national Father’s Day. After member seeing him come down the But that walk with the dog, or to listening to a Mother’s Day sermon in railroad track from a half mile, three- have fun at the pool or lake, it is in 1909, Mrs. Sonora Smart Dodd proposed quarters of a mile away. I could see these venues that we see the best sides the idea of a ‘‘father’s day’’ to honor him coming, this tall man with black of fathers, relaxed and happy, even a her father, Willam Smart. Mr. Smart hair and red mustache and watch bit goofy as they play with their kids was a Civil War veteran who was wid- chain. I could see the watch chain; I and banter with their wives. owed when his wife died in childbirth could see him coming down the rail- In a suit or a uniform at work, we do delivering their sixth child. Mr. Smart road tracks. I would run to meet him. not commonly see fathers but rather raised the newborn and his other five When I came near to him, he would bosses, or officials, men with titles, children on a rural farm in eastern put down his dinner bucket. He would men with responsibilities, mindful of Washington State. That would be quite lift up the lid. He would reach down production goals or other targets and a feat even today, but imagine doing so into that dinner bucket and pull out a deadlines. In this work-a-day mode, in the late 19th century! There were no cake. My mom—my aunt; I called her men set fine role models for their chil- disposable diapers then, no prepared my mom—always put a cake, a 5-cent dren of strong work ethics and integ- formula or baby food, no day care, no cake, in the dinner bucket. He took the rity and responsibility for their fami- automatic washing machines and dry- cake—he never ate it—but always lies. But it is the kid tossing dad in the ers, no frozen orange juice. Frozen or- brought it back. He saved the cake for pool or the dad as softball coach who ange juice came along in 1947. No sliced me. So he put that dinner bucket down children are thinking of as they scrawl bread here. That did not come along on the wooden cross tie, the railroad their ‘‘I love yous’’ on Father’s Day until 1930. You hear people say: This is cross tie, reached in to get that cake, cards. the greatest thing since sliced bread. and I ran up to meet him, and he would One may well appreciate the hours That doesn’t go very far back. Me- give me the cake. and effort that fathers put into their chanically sliced bread sold commer- This fine old couple had had a son, jobs in order to provide the best for cially by 1930. but that child had died of scarlet fever their children, but that sacrifice does So there were none of the conven- before I was born. So they took me into not fill the heart with memories in the iences that we take for granted today. their home and they raised me. That same way that quiet moments do. Late Mrs. Dodd gives her father great credit, must have been a difficult choice for nights at work or at home paying bills and credit he deserves, but without the my father and my mother. She was and preparing taxes are important but help of his five older children, it is dif- concerned that she might not recover, not remembered or as appreciated by ficult to imagine how Mr. Smart could and they decided to give me, the baby, children as when dad reads bedtime have met the challenge. to the Byrds. stories and passes out good night kiss- In my own life, as my mother ap- So without the conveniences that we es. proached death during the influenza take for granted today, you might It has been a long time since I had pandemic of 1918, when I was just under imagine how it was to raise an infant young children, but I remember how it a year old, she chose to ask relatives to or a toddler in 1918, bringing a child in was then. My children, who have grown raise me. She asked my father to give 1918 to manhood. Under the cir- into adulthood, have children of their me, the baby, she said, to the Byrds, cumstances, with three older brothers own, who have grandchildren of their Titus Dalton Byrd and his wife and a sister, I know it must have been own, meaning that Erma and I have Vlurma. His wife Vlurma was my nat- a very difficult thing for my father to great-grandchildren. Erma and I re- ural father’s sister. My father, my nat- try to raise this family with the moth- member the time when we put our chil- ural father, had several sisters. er gone. So I was raised by my uncle, dren to bed and when they said their So when my mother died of influenza Titus Dalton Byrd, and my aunt, prayers and we gave them our good- in that great epidemic that swept the Vlurma Byrd. As I already said, I night kisses. world, 20 million people died—nobody called my uncle my dad, and he was my Fathers play an important role in really knows how many—throughout dad. He was the only dad I ever knew families far beyond their title as bread- the world, 12 million in India, perhaps until I was ready to graduate from high

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.019 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7873 school, when he told me the story Heard My Father Pray.’’ I offer it in indicated that he plans to examine about how my mother died and how my honor of Titus Dalton Byrd, my Dad, issues related to airport financing and mother’s wish was what it came to be, who is looking down from Heaven. competitiveness in the current avia- that I be made a part of the Byrd fam- Once in the night I heard my father pray. tion industry environment. ily. The house was sleeping, and the dark I would like to inquire of Chairman So my uncle—he was a patient, quiet above MCCAIN if he would agree to examine man—toiled in the dark pits of the The hill was wide. I listened to him say this issue and continue discussions to West Virginia coal mines without any Such phrases of devotion and of love, identify solutions that can allow air- complaint. I never saw him sit at the So far beyond his customary fashion, ports to be more competitive in this I held my breath in wonder. Then he spoke table and complain about the food— My name with such tenderness and such challenging aviation industry environ- never. He always thought to save me compassion, ment. that cake. And, like good fathers ev- Forgotten fountains in my heart awoke. Mr. SPECTER. Mr. President, I rise erywhere, he encouraged me always to That night I learned that love is not a as a cosponsor of the amendment of- do my best. He encouraged me in my thing fered by my colleague Senator school work. He and she always wanted Measured by eloquence of hand or tongue, SANTORUM that would provide airports to see my report card and there was a That sometimes those who voice no whis- with increased flexibility in the use of line on that report card designated pering their Passenger Facility Charge funds. Of their affection harbor love as strong, ‘‘deportment.’’ He always looked at As powerful and deathless as the sod, As Senator SANTORUM mentioned, we that as well. He wanted to see how I be- But mentioned only when they talk with are working hard to assist US Airways haved in school. And he always told me God. and to keep the company’s large pres- that if I got a whipping in school, I Mr. President, I yield the floor and ence in Pennsylvania with its hubs in could be sure of getting another one at suggest the absence of a quorum. both Pittsburgh and Philadelphia. Ear- home. The PRESIDING OFFICER (Mr. lier this week I hosted a meeting with So he encouraged me in my school CORNYN). The clerk will call the roll. US Airways CEO David Siegel in my of- work. He did not want me to follow The legislative clerk proceeded to fice that included Governor Rendell, him into the mines which were, in call the roll. Senator SANTORUM, most of our delega- those days, just as dangerous as they Mr. FRIST. Mr. President, I ask tion from the House of Representa- had been in 1907, in Monongah. unanimous consent that the order for tives, as well as local elected officials. In all my years, I say to these won- the quorum call be rescinded. The purpose of this meeting was to derful young people and to those who The PRESIDING OFFICER (Mr. work with US Airways to make our are watching out there watching this SUNUNU). Without objection, it is so or- Pennsylvania hubs in Pittsburgh and Senate Chamber today, in all those dered. Philadelphia more cost competitive so years I never heard him use God’s that those airports can remain critical name in vain. I never heard him com- f assets to US Airways. If enacted, pro- plain about his lot in life. He simply THE FAA REAUTHORIZATION ACT posals such as our amendment will be toiled on, doing the best he could, a OF 2003 of great help to Pennsylvania and will man of few words and few affectionate be available for use by other airports Mr. SANTORUM. Mr. President, I gestures, but loving nonetheless. throughout the Nation. rise today with my colleague Senator In any event, the first Father’s Day Mr. MCCAIN. I thank the distin- SPECTER to engage the distinguished was observed on June 19, 1910, in Spo- guished Senators from Pennsylvania chairman of the Commerce Committee kane, WA. In 1924, President Calvin for filing this amendment. I am aware in a colloquy regarding a proposal to Coolidge supported the idea of a na- of interest in proposals to allow in- allow airports increased flexibility tional observance of Father’s Day, but creased flexibility in the use of Pas- with the use of the Passenger Facility it was not until 1966 that President senger Facility Charges as well as Charge, PFC, revenues. Lyndon Johnson signed a Presidential other Federal revenues. The Commerce Mr. President, as you know, many proclamation declaring the third Sun- Committee does plan to continue its airports are impacted by the downturn day in June as the national Father’s examination of appropriate Federal in the aviation industry. In my State, Day. In 1972, President Nixon estab- policy measures that might address the the Commonwealth of Pennsylvania is lished the permanent national observ- concerns raised by my colleagues. I working with US Airways to maintain ance of Father’s Day. look forward to working with my col- its presence at both Pittsburgh and The Bible admonishes us: ‘‘Honor thy leagues on this issue. Philadelphia International Airports. father and thy mother.’’ And on this Mr. SANTORUM. I thank Chairman Our activities in Pennsylvania include day in June we honor our fathers with MCCAIN for agreeing to work with us on efforts to reduce costs in order to make gifts, cards, and time spent together as this important issue. our airports even more competitive. a family. The rest of the year we can Mr. SPECTER. I also thank the The amendment that I filed today only hope to honor our fathers by our chairman. own hard work, as we try to live up to would change current law to allow air- the dreams—yes, the dreams—that ports increased flexibility in the use of f they have for us. the Passenger Facility Charge revenues I think of Kipling’s lines at this mo- so that an airport may choose to use THE HOMELAND SECURITY GRANT ment. I think they are quite appro- such funds to help retire outstanding ENHANCEMENT ACT OF 2003 priate: debt. I believe that this change would Mr. ROCKEFELLER. Mr. President, I Our Fathers in a wondrous age, be an important tool for airports, am very proud today to join my col- Ere yet the Earth was small, which could benefit from the option of league, the Senator from Maine, Ms. Ensured to us an heritage, using the funds they receive more ef- COLLINS, in introducing the Homeland And doubted not at all fectively. Security Grant Enhancement Act of That we, the children of their heart, Which then did beat so high, According to information provided to 2003. This legislation will bring much- In later time should play like part me, this change, if implemented at needed coordination to the fund appli- For our posterity. Pittsburgh International Airport, cation process for our first responders Then, fretful, murmur not they gave would result in millions of dollars in and State and local officials. So great a charge to keep, immediate cost savings for both the The coordination of grant programs Nor dream that awestruck Time shall save airport and tenant airplanes operating called for by this bill will go a long Their labour while we sleep. Dear-bought and clear, a thousand year, there. way to make certain that those who Our fathers’ title runs. It is my understanding that Chair- will be first called upon to deal with a Make we likewise their sacrifice, man MCCAIN is aware of this issue but threat to the security of the United Defrauding not our sons. has concerns about the approach taken States will be better prepared to face Mr. President, I close with a short by this amendment. I am also in- it. By enacting the Homeland Security poem by Grace V. Watkins entitled ‘‘I formed, however, that the Chairman Grant Enhancement Act, we can free

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.023 S13PT1 S7874 CONGRESSIONAL RECORD — SENATE June 13, 2003 municipal governments and first re- Homeland Security’s efforts to imple- higher population density—both of sponders of bureaucratic guesswork, al- ment the law has done much to relieve which are the most likely targets for lowing them to focus instead on train- this problem. Our bill seeks to remedy international terrorists—will be safe- ing and execution of response plans. this by streamlining the Office for Do- guarded. Currently, Federal programs within mestic Preparedness homeland secu- Finally, this bill also provides a log- the Department of Homeland Security, rity grant process from as many as 12 ical flexibility for Federal officials who the Department of Justice, the Depart- deliberate steps to just 2 commonsense oversee unspent funds previously ap- ment of Health and Human Services, requirements. propriated to the Office for Domestic and other Federal agencies provide our When enacted, the Homeland Secu- Preparedness. Rather than allowing first responders with a basic level of rity Grant Enhancement Act will put this money to sit idle while our first support with respect to training and in place grant application processes responders clamor for adequate fund- equipment procurement. However, in that are much more efficient and user- ing, this legislation will enable DHS to order to receive this support, State and friendly. State and local authorities dispense funds to those States that ob- local officials often must complete sep- will be called upon to develop a single, tain a waiver from the Secretary. arate emergency plans and redundant 3-year homeland security plan that Funds earmarked for one purpose, such grant application forms. The informa- outlines vulnerabilities and capabili- as training, may then be used to pay tion demanded by the various home- ties. Federal grant programs will be costs associated with another first re- land security plans is frequently simi- reconciled to establish a process for a sponder need, such as equipment. lar; nonetheless, different Federal more logical allocation of resources to I commend the Senator from Maine agencies require grant applicants to meet State and local needs. Local for her close personal attention to the start from square one in each case. agencies or government officials will matter at hand, and for her hard work The Homeland Security Grant En- then apply for funds based on this plan, in putting this legislation together. hancement Act of 2003 will put an end which can be revised each year pending She has worked closely with many of to this inefficient practice. Our bill approval by the Secretary of Homeland the groups who will benefit directly creases an interagency committee, Security. These steps will lead to from this legislation. While many of composed of representatives from the greater ease in securing funding for these organizations do not endorse leg- Department of Homeland Security, the local police, fire, and emergency serv- islation, the approach we offer today Department of Health and Human ice departments. This means greater has been supported by the National Services, the Department of Transpor- security for West Virginians and all Governors Association, the National tation, the Department of Justice, and Americans. Conference State Legislatures, the the Environmental Protection Agency, Perhaps more importantly, this will Council of State Governments, the Na- as well as any other department or make certain that State and local offi- tional Association of Counties, the Na- agency deemed necessary by the Presi- cials and first responders are all in- tional League of Cities, the Inter- dent, to eliminate duplication in plan- cluded in the homeland security plan- national City/County Management As- ning requirements and to simplify the ning process, allowing them to access sociation, and the International Asso- application process. The committee funds and equipment in a timely and ciation of Fire Fighters. will engage in a three-step process to efficient manner. Our legislation re- I believe the Homeland Security accomplish this goal. First, within 2 quires that 80 percent of homeland se- Grant Enhancement Act will greatly months, it will compile a list of the curity funding and resources will reach improve coordination between the var- homeland security assistance pro- the local level within 60 days of alloca- ious agencies that distribute homeland grams, identifying planning and admin- tion. The bill encourages flexibility in security funds to our States, commu- istrative requirements for each pro- the use of these funds by authorizing nities, and first responders. Relevant gram. Second, it will conduct a 4- local officials to determine their allo- information will flow more freely and month review of these requirements. cation to planning, equipment, exer- the grant application and funding proc- Finally, within 8 months, it will report cises, training, or other homeland secu- ess will become more clear and more to Congress and to the President with rity functions. flexible. While we have made great recommendations as to how to stream- In order to ensure that rural States strides in our efforts against inter- line and standardize requirements. are included in Federal grant programs national terrorists, stifling their abil- In order to provide first responders whose eligibility criteria sometime ity to conduct operations, the danger with the support they need, our bill favor urban areas, the Homeland Secu- of an attack remains. This legislation also creates a Homeland Security In- rity Grant Enhancement Act follows a improves efficiency within a multi- formation Clearinghouse. The clearing- procedure that benefited my State of agency bureaucracy, easing the bur- house will work with the interagency West Virginia earlier this year when dens on those who are charged with de- committee to make grant information we partially funded first responder pro- fending the homeland. These changes available to first responders and local grams in the Emergency Supplemental will also better prepare our first re- officials, easing the application proc- Appropriations bill. As with that legis- sponders to meet the threats they face. lation, our bill provides that any State ess. Many State and local agencies, as f well as firefighters, police, and emer- whose application for funding through gency service officials, have found the this grant program is approved will re- PROSECUTING GUN-RELATED Homeland Security Act provides insuf- ceive a minimum of .75 percent of the CRIMES ficient guidance from Federal agencies total amount appropriated for home- Mr. LEVIN. Mr. President, last as to the use of government funding land security in a given fiscal year, month I spoke about a report released and technical expertise in order to thereby providing an adequate pre- by Americans for Gun Safety Founda- meet security needs. Through the paredness funding baseline for all tion entitled, ‘‘The Enforcement Gap: clearinghouse, our bill will provide the States. The Secretary, acting in co- Federal Gun Laws Ignored,’’ analyzing coordination needed to locate grant in- operation with congressional appropri- the Justice Department’s commitment formation and other resources within ators, would naturally exercise the au- to enforcing and prosecuting gun laws. the Federal Government. Easy access thority to make upward adjustments The report examines prosecution data to this kind of information will im- with the remaining funds. However, the acquired from the Justice Department prove immeasurably our State and .75 percent baseline will make certain under the Freedom of Information Act local agencies’ ability to deal with po- that rural first responders are not left for fiscal years 2000 through 2002. The tential threats. out. At the same time, this mechanism AGS study reveals a significant gap be- First responders have also cited the will see to it that areas facing higher tween the number of federal gun crimes Homeland Security Act’s lack of guid- risk and greater vulnerabilities might committed and the number of Federal ance regarding how Federal dollars can receive more funds. Rural areas will prosecutions initiated. be spent and to whom these funds can not be left out, but areas that are home In response to this report, Represent- be allocated. Neither the Homeland Se- to elements of the Nation’s critical in- ative JOHN DINGELL, the Dean of the curity Act nor the Department of frastructure, as well as areas with Michigan delegation in the House, sent

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.005 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7875 a letter to Attorney General Ashcroft become substance. I believe that by (At the request of Mr. REID, the fol- asking ‘‘how the Justice Department passing this legislation and changing lowing statement was ordered to be plans to improve its abysmal record of current law, we can change hearts and printed in the RECORD.) enforcement of all of the major federal minds as well.∑ f firearms statutes.’’ He goes on to say, (At the request of Mr. DASCHLE, the EXPLANATION OF ABSENCE ‘‘by not enforcing existing federal fire- following statement was ordered to be arm laws, we are not only allowing printed in the RECORD.) ∑ Mr. REED. Mr. President, I am nec- essarily absent today to attend funeral criminals to arm themselves, we are f eliminating any deterrent effect these services for the former Rhode Island RETIREMENT OF MR. WILLIAM M. laws may have.’’ Superior Court’s Presiding Justice, An- COFFEY Justice Department officials regu- thony A. Giannini, in Providence. larly point to a 38 percent increase in ∑ Mr. BREAUX. Mr. President, I rise Were I present today, I would vote prosecutions of gun crimes since 2001 as today to extend my congratulations ‘‘yea’’ on Executive Calendar No. 218, evidence of their success. However, ac- and best wishes to Mr. William M. the nomination of R. Hewitt Pate to be ∑ cording to the AGS report, at the end (Bill) Coffey on his retirement as presi- an Assistant Attorney General. of fiscal year 2002, federal prosecutors dent and chief executive officer of Vol- f filed 197 cases for gun trafficking, de- unteers of America Greater Baton CONGRATULATIONS TO BRYAN spite 100,000 guns showing signs of traf- Rouge. JONES It is my privilege to recognize Bill’s ficking. Only 27 cases were filed ∑ Mr. COCHRAN. Mr. President, I com- against corrupt gun dealers, even dedicated service to the people of our State. During his nearly 40 years as a mend Mr. Bryan Jones of Yazoo City, though AGS reports that gun dealers MS, for his distinguished service as are the leading source of firearms re- public servant and a nonprofit leader, Bill has helped countless individuals President of Delta Council. covered in gun trafficking operations. Delta Council is an area development and families in need. Across the country, only seven cases organization representing the 18 Delta Born in 1940 on a small farm in north for illegally selling a gun to a minor and part-Delta counties of Northwest Louisiana, Bill began working for the were filed, even though more than Mississippi. Delta Council was orga- State Department of Health and 30,000 gun crimes were committed by nized in 1935 to bring together the agri- Human Services in 1964 after earning a youths age 17 or under. Only 202 cases cultural, business, and professional master’s in social work from Louisiana were filed for possessing or selling a leadership of the region to confront the stolen firearm, despite nearly 140,000 State University. His distinguished ca- major problems facing the region at reported gun thefts that year in which reer as a State employee spanned 25 that time. Since then, and over the the make, model and serial number of years and a day, before his retirement past 68 years, the organization has ex- a stolen gun was reported to police. in 1987 as deputy director of the De- panded its role under leaders like And, a mere 98 cases for possessing or partment of Mental Retardation. Bryan Jones, for the purpose of work- selling a firearm with an obliterated He then joined Volunteers of Amer- ing in the fields of educational policy, serial number were prosecuted, despite ica—one of our Nation’s leading human water resource conservation, highway thousands of these guns being recov- services charities B and in 1989 was ap- developments, agricultural research, ered in cities across the country each pointed president /CEO of the organiza- and flood control. year. tion’s Baton Rouge affiliate. Under his As President of Delta Council, Bryan I believe vigorous and fair enforce- leadership, Volunteers of America ex- has served unselfishly and in an effec- ment of our gun safety laws is a crit- panded its vital mission of service, tive role to lead the people of the Delta ical step toward reducing gun violence. opening new programs in Lafayette, during very stressful economic times. I commend Congressman DINGELL ques- Lake Charles and many smaller com- He has performed admirably and gained tioning the Justice Department about munities across south Louisiana. the respect of his peers through the use the enforcement gap, and I hope the Today, Volunteers of America serves of sound judgment and meaningful ac- Justice Department will step up its ef- more than 14,000 south Louisiana resi- tion. forts to prosecute not only people who dents every year—abused and neglected Bryan has distinguished himself in commit gun crimes but those corrupt children, at-risk youth, the elderly, many areas on behalf of the Mississippi or negligent dealers who put guns in homeless families, people with mental Delta region that he loves so much. criminal hands. illness or mental retardation, people Bryan has led the organization of Delta living with HIV/AIDS, victims of hurri- Council into new fields of endeavor f canes and other disasters, and many such as health care and adult literacy. ADDITIONAL STATEMENTS more. He has supported innovative ap- Above all, Bill has been a commu- proaches toward expanding the con- nity-builder, bringing together those in servation provisions of our farm laws. LOCAL LAW ENFORCEMENT ACT need with those who have a need to He has been a strong advocate for OF 2003 serve. water resource developments that in- ∑ Mr. SMITH. Mr. President, I rise My wife Lois and I have experienced clude significant features for improved today to speak about the need for hate the joy of service through Volunteers environmental restoration. And, he has crimes legislation. On May 1, 2003, Sen- of America many times, especially on become well known throughout the re- ator KENNEDY and I introduced the our visits with the children at Parker gion and among members of the Mis- Local Law Enforcement Act, a bill that House in Baton Rouge, a therapeutic sissippi Congressional Delegation as an would add new categories to current setting for young victims of the most effective spokesperson on behalf of the hate crimes law, sending a signal that severe abuse and neglect. We were hon- Delta’s largest industry, which is agri- violence of any kind is unacceptable in ored to be part of a recent $1.2-million culture. our society. fundraising campaign to acquire a new After graduating from the University I would like to describe a terrible residence for these children, and a cen- of Mississippi, Bryan Jones could have crime that occurred in Palos Heights, ter to prevent child abuse. The out- been placed in a senior executive posi- IL. On September 11, 2001, a man at- pouring of support for this new facility tion in almost any company located tacked a Moroccan-American gas sta- helped fulfill one of Bill’s long-term anywhere in the United States. How- tion attendant with the blunt end of a dreams. It will surely be the crowning ever, because of his love for the Mis- 2-foot machete. The attacker was ar- touch of his life of service, and his leg- sissippi Delta, Bryan returned to the rested and charged with a hate crime. acy for generations to come. Delta region and joined his local peers I believe that Government’s first For all Louisianans, I wish to express in building a $1 billion banking system duty is to defend its citizens, to defend our thanks and best wishes to Bill and which has rapidly grown throughout them against the harms that come out his family—his wife, Cooky, and their our State. In addition to serving as the of hate. The Local Law Enforcement children, Pam and Blake—for many Chief Executive Officer of the Delta Di- Enhancement Act is a symbol that can happy years ahead.∑ vision of BankPlus, Bryan operates a

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.028 S13PT1 S7876 CONGRESSIONAL RECORD — SENATE June 13, 2003 cotton, soybean, corn, and wheat farm clearinghouse that provides information to ADDITIONAL COSPONSORS increase public access to defibrillation in which is located in Holmes and Hum- S. 189 phreys Counties. schools (Rept. No. 108–70). S. 504. A bill to establish academics for At the request of Mr. WYDEN, the Bryan is a member of the Second name of the Senator from New Jersey Presbyterian Church in Yazoo City and teachers and students of American history and civics and a national alliance of teachers (Mr. CORZINE) was added as a cosponsor he and his wife, Sara, have three chil- of American history and civics, and for other of S. 189, a bill to authorize appropria- dren. He is an enthusiastic outdoors- purposes (Rept. No. 108–71). tions for nanoscience, nanoengineering, man and a director of Delta Wildlife, By Mr. GRASSLEY, from the Committee and nanotechnology research, and for which and a leading advocate for the on Finance, with an amendment in the na- other purposes. ture of a substitute and an amendment to enhancement of the Mississippi Delta’s S. 255 rich wildlife resources. the title: S. 1. A bill to amend title XVIII of the So- At the request of Mrs. FEINSTEIN, the It is a great privilege for me to con- name of the Senator from Rhode Island gratulate Bryan Jones for his many cial Security Act to make improvements in the medicare program, to provide prescrip- (Mr. CHAFEE) was added as a cosponsor contributions to the Delta region of tion drug coverage under the medicare pro- of S. 255, a bill to amend title 49, Mississippi and the Nation, and I look gram, and for other purposes. United States Code, to require phased forward to working with Bryan and increases in the fuel efficiency stand- f other Delta Council leaders in the fu- ards applicable to light trucks; to re- ture who share our common goal of im- quire fuel economy standards for auto- proving the quality of life for the peo- INTRODUCTION OF BILLS AND ∑ JOINT RESOLUTIONS mobiles up to 10,000 pounds gross vehi- ple of this great part of this Nation. cle weight; to increase the fuel econ- f The following bills and joint resolu- omy of the Federal fleet of vehicles, COMMEMORATING THE 228TH tions were introduced, read the first and for other purposes. and second times by unanimous con- BIRTHDAY OF THE UNITED S. 595 STATES ARMY sent, and referred as indicated: At the request of Mr. HATCH, the By Mr. DURBIN: ∑ Mr. HAGEL. Madam President, I rise names of the Senator from Alaska (Mr. S. 1259. A bill to amend title XVIII of the STEVENS), the Senator from Minnesota today to wish the Social Security Act to extend the minimum (Mr. DAYTON) and the Senator from ‘‘happy birthday.’’ It was 228 years ago medicare deadlines for filing claims to take tomorrow, June 14, 1775, that the Con- into account delay in processing adjustments South Carolina (Mr. GRAHAM) were tinental Army of the United States was from secondary payor status to primary added as cosponsors of S. 595, a bill to formed. The United States Army has payor status; to the Committee on Finance. amend the Internal Revenue Code of had a monumental impact on our coun- By Mr. MCCAIN (for himself and Mr. 1986 to repeal the required use of cer- try. BROWNBACK): tain principal repayments on mortgage Millions of men and women over the S. 1260. A bill to promote the development subsidy bond financings to redeem of the commercial space transportation in- past 228 years have served in the senior bonds, to modify the purchase price dustry, to authorize appropriations for the limitation under mortgage subsidy most branch of our military forces. The Office of the Associate Administrator for Army is woven in the culture of Amer- Commercial Space Transportation, and for bond rules based on median family in- ica. other purposes; to the Committee on Com- come, and for other purposes. For 228 years, the Army has pro- merce, Science, and Transportation. S. 794 tected the American values of liberty, By Mr. MCCAIN (for himself and Mr. At the request of Mr. DURBIN, the freedom and democracy. Many people FITZGERALD): name of the Senator from Nevada (Mr. around the globe enjoy these freedoms S. 1261. A bill to reauthorize the Consumer REID) was added as a cosponsor of S. because of the U.S. Army. Product Safety Commission, and for other 794, a bill to amend title 49, United purposes; to the Committee on Commerce, The principles of ‘‘Duty, Honor, Science, and Transportation. States Code, to improve the system for Country’’ are the foundation of the By Mr. MCCAIN: enhancing automobile fuel efficiency, U.S. Army. It is America. Every gen- S. 1262. A bill to authorize appropriations and for other purposes. eration of Americans who have served for fiscal years 2004, 2005, and 2006 for certain S. 894 in the U.S. Army—from the Conti- maritime programs of the Department of At the request of Mr. WARNER, the nental army to today’s fighting men Transportation, and for other purposes; to name of the Senator from Nebraska and women—have been shaped by these the Committee on Commerce, Science, and (Mr. NELSON) was added as a cosponsor principles. It has molded lives in ways Transportation. of S. 894, a bill to require the Secretary By Mr. HAGEL: that are hard to explain, just as the S. 1263. A bill to amend the Internal Rev- of the Treasury to mint coins in com- Army has touched our national life and enue Code of 1986 to exclude from gross in- memoration of the 230th Anniversary history and made the world more se- come interest received on loans secured by of the United States Marine Corps, and cure, prosperous, and a better place for agricultural real property; to the Committee to support construction of the Marine all mankind. on Finance. Corps Heritage Center. On this 228th birthday of the U.S. By Mr. MCCAIN: S. 1095 Army, as a proud U.S. Army veteran, I S. 1264. A bill to reauthorize the Federal At the request of Mr. SUNUNU, the say happy birthday to the Army vet- Communications Commission, and for other names of the Senator from New York erans of our country. We recognize and purposes; to the Committee on Commerce, Science, and Transportation. (Mrs. CLINTON) and the Senator from thank those who have sacrificed and By Mr. CORZINE: South Carolina (Mr. GRAHAM) were served and those whose examples in- S. 1265. A bill to limit the applicability of added as cosponsors of S. 1095, a bill to spired those of us who have had the op- the annual updates to the allowance for amend title XVIII of the Social Secu- portunity to serve in the U.S. Army. State and other taxes in the tables used in rity Act to improve outpatient vision On this, the 228th birthday of the the Federal Needs Analysis Methodology for services under part B of the medicare Army, I say ‘‘Happy Birthday’’ and, in the award year 2004–2005, published in the program. Federal Register on May 30, 2003; to the Com- the great rich tradition of the U.S. S. 1227 mittee on Health, Education, Labor, and Army, I proclaim my annual Senate At the request of Mr. SANTORUM, the floor . . . ‘‘HOOAH’’∑ Pensions. By Mrs. CLINTON (for herself, Mr. name of the Senator from Kentucky f LEVIN, Mr. REID, Mr. KERRY, Ms. COL- (Mr. MCCONNELL) was added as a co- REPORTS OF COMMITTEES LINS, Ms. LANDRIEU, Ms. STABENOW, sponsor of S. 1227, a bill to amend title Mr. VOINOVICH, Mr. DURBIN, Mr. XVIII of the Social Security Act to The following reports of committees PRYOR, Mr. CORZINE, Mr. LAUTEN- provide for coverage of substitute adult were submitted: BERG, and Mr. HATCH): day services under the medicare pro- S. 1266. A bill to award a congressional By Mr. GREGG, from the Committee on gram. Health, Education, Labor, and Pensions, gold medal to Dr. Dorothy Height, in rec- without amendment: ognition of her many contributions to the S. 1244 S. 231. A bill to authorize the use of certain Nation; to the Committee on Banking, Hous- At the request of Mr. MCCAIN, the grant funds to establish an information ing, and Urban Affairs. name of the Senator from Hawaii (Mr.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.025 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7877 INOUYE) was added as a cosponsor of S. been reauthorized for more than a dec- S. 1262. A bill to authorize appropria- 1244, a bill to authorize appropriations ade, the Commission has fallen behind tions for fiscal years 2004, 2005, and 2006 for the Federal Maritime Commission in its ability to upgrade its technology, for certain maritime programs of the for fiscal years 2004 and 2005. meet its overhead expenses, and retain Department of Transportation, and for S. 1255 needed staff. Funding for the Commis- other purposes; to the Committee on At the request of Mr. KERRY, the sion has not kept pace with the cost of Commerce, Science, and Transpor- name of the Senator from Washington regulating the ever-increasing number tation. (Ms. CANTWELL) was added as a cospon- of products covered by its jurisdiction. Mr. MCCAIN. Mr. President, today I sor of S. 1255, a bill to amend the Small I look forward to working on this im- am introducing legislation to reauthor- Business Act to direct the Adminis- portant consumer protection legisla- ize the Maritime Administration, trator of the Small Business Adminis- tion and I hope that my colleagues will MARAD, for fiscal years 2004, 2005, and tration to establish a pilot program to join us in expeditiously moving this re- 2006. The bill was developed in con- provide regulatory compliance assist- authorization through the legislative sultation with Administration officials ance to small business concerns, and process. Reauthorizing the CPSC is and would provide for needed reforms for other purposes. crucial to the Commission’s successful in a number of maritime programs. S. CON. RES. 54 efforts to protect American consumers. The bill would authorize appropria- I ask unanimous consent that the At the request of Mr. COCHRAN, the tions for MARAD operations and train- name of the Senator from Florida (Mr. text of the bill be printed in the ing, administrative costs associated RECORD. NELSON) was added as a cosponsor of S. with the shipbuilding loan guarantee Con. Res. 54, a concurrent resolution There being no objection, the bill was program authorized by Title XI of the commending Medgar Wiley Evers and ordered to be printed in the RECORD, as Merchant Marine Act of 1936, and the his widow, Myrlie Evers-Williams for follows: disposal of vessels in the National De- their lives and accomplishments, desig- S. 1261 fense Reserve Fleet that have been nating a Medgar Evers National Week Be it enacted by the Senate and House of Rep- identified by the Secretary of Trans- of Remembrance, and for other pur- resentatives of the United States of America in portation as obsolete. poses. Congress assembled, The bill is designed to reform how SECTION 1. SHORT TITLE. S. RES. 109 MARAD manages the Title XI mari- This Act may be cited as the ‘‘Consumer time loan guarantee program. Both the At the request of Mr. FEINGOLD, the Product Safety Commission Reauthorization names of the Senator from Connecticut Act of 2003’’. Department of Transportation Inspec- tor General and the General Account- (Mr. LIEBERMAN) and the Senator from SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Vermont (Mr. LEAHY) were added as co- Section 32(a) of the Consumer Product ing Office have found that MARAD has sponsors of S. Res. 109, a resolution ex- Safety Act (15 U.S.C. 2081(a)) is amended by failed to provide effective oversight in pressing the sense of the Senate with striking paragraphs (1) and (2) and inserting receiving and approving loan guaran- respect to polio. the following: tees; has failed to closely monitor the ‘‘(1) $60,000,000 for fiscal Year 2004; S. RES. 151 financial condition of borrowers during ‘‘(2) $66,800,000 for fiscal year 2005; the term of the loan; and has failed to At the request of Mr. WYDEN, the ‘‘(3) $70,100,000 for fiscal year 2006; and name of the Senator from New Jersey adequately monitor the condition of ‘‘(4) $73,600,000 for fiscal year 2007.’’. projects subject to guarantees. They (Mr. LAUTENBERG) was added as a co- SEC. 3. FTE STAFFING LEVELS. sponsor of S. Res. 151, a resolution also found that MARAD was flagrant in Section 4(g) of the Consumer Product Safe- its use of authority in granting waivers eliminating secret Senate holds. ty Act (15 U.S.C. 2053(g)) is amended by add- to its own regulations governing the f ing at the end the following: ‘‘(5) The Commission is authorized to hire program without taking steps to better STATEMENTS ON INTRODUCED and maintain a full time equivalent staff of secure the taxpayer against defaults. BILLS AND JOINT RESOLUTIONS 471 persons in each of fiscal years 2004 The bill includes reform provisions to By Mr. MCCAIN (for himself and through 2007.’’. address these findings. Mr. FITZGERALD): SEC. 4. EXECUTIVE DIRECTOR AND OFFICERS. Furthermore, the bill would amend S. 1261. A bill to reauthorize the Con- So much of section 4(g) of the Consumer the Merchant Marine Act to give the sumer Product Safety Commission, and Product Safety Act (15 U.S.C. 2053(g) as pre- Secretary of Transportation the au- cedes paragraph (2) is amended to read as fol- thority to convey obsolete National for other purposes; to the Committee lows: Defense Reserve Fleet vessels to non- on Commerce, Science, and Transpor- ‘‘(g) EXECUTIVE DIRECTOR; OFFICERS AND tation. EMPLOYEES.—(1)(A)The Chairman, subject to profit organizations, a State, Common- Mr. MCCAIN. Mr. President, today I the approval of the Commission, shall ap- wealth, or possession of the United am joined by the Chairman of the Sen- point as officers of the Commission an Exec- States or any municipal corporation or ate Commerce Committee’s Consumer utive Director, a General Counsel, an Asso- political subdivision thereof or the Dis- Affairs and Product Safety Sub- ciate Executive Director for Engineering trict of Columbia for their use and to Sciences, an Associate Executive Director committee, Senator FITZGERALD, in in- U.S. territories and foreign govern- for Laboratory Sciences, an Associate Execu- ments for use as artificial reefs. The troducing the Consumer Product Safe- tive Director for Epidemiology, an Associate ty Commission Reauthorization Act of Executive Director for Health Sciences, an bill also would amend the Merchant 2003. This legislation is designed to re- Assistant Executive Director for Compli- Marine Act to allow, under certain cir- authorize the Consumer Product Safe- ance, an Associate Executive Director for cumstances, otherwise unqualified ty Commission, CPSC or Commission, Economic Analysis, an Associate Executive U.S.-flag vessels to carry reference in furtherance of its mission to protect Director for Administration, an Associate cargo reserved for qualified U.S. ves- consumers by reducing the risk of inju- Executive Director for Field Operations, an sels. ries and deaths associated with con- Assistant Executive Director for Office of Finally, the bill would amend re- hazard Identification and Reduction, an As- sumer products. This vital consumer sistant Executive Director for Information quirements for enforcement of the protection agency has not been reau- Services, and a Director for Office of Infor- commitment agreements for students thorized since 1990. mation and Public Affairs. Any other indi- at the United States Merchant Marine This bill would authorize funding for vidual appointed to a position designated as Academy, USMMA, and students at the the Commission for fiscal years 2004 an Assistant or Associate Executive Director state maritime academies who receive through 2007. The bill also would clar- shall be appointed by the Chairman, subject student incentive payments, SIP; allow ify CPSC employee position titles that to the approval of the Commission. The MARAD to use funds received from a have evolved informally over time. Chairman may only appoint an attorney to settlement for legally authorized pur- the position of Assistant Executive Director The CPSC is essential to ensuring the for Compliance, but this restriction does not poses, including completion of repairs safety of the approximately 15,000 con- apply to the position of Acting Assistant Ex- to the Merchant Marine Academy, sumer and household products mar- ecutive Director for Compliance.’’. Fitch Building; provide the Secretary keted and sold to American consumers. with the authority to also exclude ves- However, because the agency has not By Mr. MCCAIN: sels from the carriage of Government

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impelled cargoes that have been de- biphenyls, lead paint, or other hazardous 25 per centum or 121⁄2 per centum, whichever tained for violations of security stand- substances after conveyance of the vessel, is applicable, of the actual cost of the vessel. ards contained within international except for claims arising from use of the ves- The Secretary shall establish a system of agreements to which the United States sel by the Government; controls, including automated controls, to ‘‘(E) the recipient has a conveyance plan ensure that no loan funds are disbursed to a is a party; allow MARAD to retain and a business plan, each of which have been shipowner or shipyard owner before the ship- funds received as a result of final judg- submitted to and approved by the Secretary; owner or shipyard owner meets the require- ments and settlements in the Vessel and ment of the preceding sentence. Operations Revolving Fund; and clarify ‘‘(F) the recipient has provided proof, as ‘‘(2) DOCUMENTED PROOF OF PROGRESS RE- the decades-old authority of the Saint determined by the Secretary, of resources QUIREMENT.—The Secretary shall, by regula- Lawrence Seaway Development Cor- sufficient to accomplish the transfer, nec- tion, establish a transparent, independent, poration, SLSDC, to carry out the pro- essary repairs and modifications, and initi- and risk-based process for verifying and doc- visions of the Ports and Waterways ation of the intended use of the vessel. umenting the progress of projects under con- ‘‘(2) OTHER EQUIPMENT.—At the Secretary’s struction before disbursing guaranteed loan Safety Act, PWSA, in the case of the discretion, additional equipment from other funds. At a minimum, the process shall re- Saint Lawrence Seaway. obsolete vessels of the National Defense Re- quire documented proof of progress in con- I look forward to working on this im- serve Fleet may be conveyed to assist the re- nection with the construction, reconstruc- portant legislation and hope my col- cipient with maintenance, repairs, or modi- tion, or reconditioning of a vessel or vessels leagues will join me in expeditiously fications. before disbursements are made from the es- moving this authorization through the ‘‘(3) ADDITIONAL TERMS.—The Secretary crow fund. The regulations shall require that legislative process. may require any additional terms the Sec- the obligor provide a certificate from an I ask unanimous consent that the retary considers appropriate. independent party certifying that the req- text of the bill be printed in the ‘‘(4) DELIVERY OF VESSEL.—If conveyance is uisite progress in construction, reconstruc- made under this subsection the vessel shall tion, or reconditioning has taken place.’’. RECORD. be delivered to the recipient at a time and There being no objection, the bill was (b) DEFINITION OF ACTUAL COST.—Section place to be determined by the Secretary. The 1101(f) of the Merchant Marine Act, 1936 (46 ordered to be printed in the RECORD, as vessel shall be conveyed in an ‘as is’ condi- U.S.C. App. 1271(f)) is amended to read as fol- follows: tion. lows: S. 1262 ‘‘(5) LIMITATIONS.—If at any time prior to ‘‘(f) ACTUAL COST DEFINED.—The term ‘ac- delivery of the vessel to the recipient, the Be it enacted by the Senate and House of Rep- tual cost’ means the sum of— Secretary determines that a different dis- resentatives of the United States of America in ‘‘(1) all amounts paid by or for the account position of a vessel would better serve the in- Congress assembled, of the obligor as of the date on which a de- terests of the Government, the Secretary SECTION 1. SHORT TITLE. termination is made under section 1108(g)(1); shall pursue the more favorable disposition This Act may be cited as the ‘‘Maritime and of the obsolete vessel and shall not be liable Administration Authorization Act of 2003’’. ‘‘(2) all amounts that the Secretary reason- for any damages that may result from an in- ably estimates that the obligor will become SEC. 2. AUTHORIZATION OF APPROPRIATIONS tended recipient’s reliance upon a proposed FOR FISCAL YEARS 2004, 2005, AND obligated to pay from time to time there- transfer.’’. 2006. after, for the construction, reconstruction, SEC. 4. CARGO PREFERENCE UNDER TITLE IX. There are authorized to be appropriated to or reconditioning of the vessel, including (a) CONSTRUCTION OF U.S.-FLAG TANK the Secretary of Transportation for the Mar- guarantee fees that will become payable SHIPS.—Section 901(b)(1) of the Merchant Ma- itime Administration— under section 1104A(e) in connection with all rine Act, 1936 (46 U.S.C. App. 1241(b)(1)) is (1) for expenses necessary for operations obligations issued for construction, recon- amended by striking ‘‘three years:’’ and all and training activities, not to exceed struction, or reconditioning of the vessel or $104,400,000 for the fiscal year ending Sep- that follows and inserting ‘‘3 years. Notwith- standing the preceding sentence, the term equipment to be delivered, and all obliga- tember 30, 2004, $106,000,000 for the fiscal year tions issued for the delivered vessel or equip- ending September 2005, and $109,000,000 for ‘privately owned United States-flag commer- cial vessel’ shall include a United States doc- ment.’’. the fiscal year ending 2006; umented self-propelled tank vessel when the (2) for administrative expenses related to SEC. 6. WAIVERS OF PROGRAM REQUIREMENTS owner of such a vessel has notified the Mari- UNDER TITLE XI. loan guarantee commitments under title XI time Administration in writing of the exist- of the Merchant Marine Act, 1936 (46 U.S.C. Section 1104A(d) of the Merchant Marine ence of an executed contract between the App. 1271 et seq.), $4,498,000 for each of fiscal Act, 1936 (46 U.S.C. App. 1274(d)) is amended owner and a United States shipyard for the years 2004, 2005, and 2006; and by redesignating paragraph (4) as paragraph construction of 2 or more self-propelled, dou- (3) for ship disposal, $11,422,000 for each of (5), and inserting after paragraph (3) the fol- ble hulled tank vessels to be documented fiscal years 2004, 2005, and 2006. lowing: under the laws of the United States, each to SEC. 3. CONVEYANCE OF OBSOLETE VESSELS ‘‘(4) The Secretary shall promulgate regu- be capable of carrying more than 2 types of lations concerning circumstances under UNDER TITLE V, MERCHANT MARINE refined petroleum products. The preceding ACT, 1936. which waivers of or exceptions to otherwise sentence shall apply to such a privately Section 508 of the Merchant Marine Act, applicable regulatory requirements con- owned United States-flag commercial vessel 1936 (46 U.S.C. App. 1158) is amended— cerning financial condition can be made. The for a 3-year period commencing on the date (1) by inserting ‘‘(a) AUTHORITY TO SCRAP regulations shall require that— the contract is executed for construction of OR SELL OBSOLETE VESSELS.—’’ before ‘‘If’’; ‘‘(A) a waiver of otherwise applicable regu- the vessels and shall continue to apply to the and latory requirements be made only with the vessel throughout the 3-year period so long (2) by adding at the end the following: documented concurrence of program offices as the vessel remains documented under the 2 ‘‘(b) AUTHORITY TO CONVEY VESSELS.— with expertise in economic, technical, and fi- laws of the United States.’’. ‘‘(1) IN GENERAL.—Notwithstanding section nancial aspects of the review process; (b) CONFORMING CARGO PREFERENCE YEAR 510(j) of this Act, the Secretary of Transpor- ‘‘(B) the economic soundness requirements TO FEDERAL FISCAL YEAR.—Section 901b(c)(2) set forth in paragraph (1)(A) of this sub- tation may convey the right, title, and inter- of the Merchant Marine Act, 1936 (46 U.S.C section are met after the waiver of the finan- est of the United States Government in any App. 1241f(c)(2)) is amended by striking cial condition requirement; and vessel of the National Defense Reserve Fleet ‘‘1986.’’ and inserting ‘‘1986, the 18-month pe- ‘‘(C) the wavier shall provide for the impo- that has been identified by the Secretary as riod beginning April 1, 2002, and the 12- sition of other requirements on the obligor an obsolete vessel of insufficient value to month period beginning October 1, 2003, and designed to compensate for the increased warrant its further preservation, if— each year thereafter.’’. ‘‘(A) the recipient is a non-profit organiza- risk associated with the obligor’s failure to SEC. 5. EQUITY PAYMENTS BY OBLIGOR FOR DIS- meet regulatory requirements applicable to tion, a State, Commonwealth, or possession BURSEMENT PRIOR TO TERMI- of the United States or any municipal cor- NATION OF ESCROW AGREEMENT financial condition.’’. poration or political subdivision thereof, or UNDER TITLE XI. SEC. 7. PROJECT MONITORING UNDER TITLE XI. the District of Columbia; (a) IN GENERAL.—Section 1108 of the Mer- ‘‘(B) the recipient agrees not to use, or chant Marine Act, 1936 (46 U.S.C. App. 1279a) (a) PROJECT MONITORING.—Section 1104A of allow others to use, the vessel for commer- is amended by adding at the end the fol- the Merchant Marine Act, 1936 (46 U.S.C. cial transportation purposes; lowing: App. 1274) is amended by adding at the end ‘‘(C) the recipient agrees to make the ves- ‘‘(g) PAYMENTS REQUIRED BEFORE DIS- the following: sel available to the Government whenever BURSEMENT.— ‘‘(k) MONITORING.— The Secretary shall the Secretary indicates that it is needed by ‘‘(1) IN GENERAL.—No disbursement shall be monitor the financial conditions and oper- the Government; made under subsection (b) to any person ations of the obligor on a regular basis dur- ‘‘(D) the recipient agrees to hold the Gov- until the total amount paid by or for the ac- ing the term of the guarantee. The Secretary ernment harmless for any claims arising count of the obligor from sources other than shall document the results of the monitoring from exposure to asbestos, polychlorinated the proceeds of the obligation equals at least on a quarterly or monthly basis depending

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.017 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7879 upon the condition of the obligor. If the Sec- tion 7, is amended by adding at the end the framework for the program offices that in- retary determines that the financial condi- following: sures that a clear separation of duties is es- tion of the obligor warrants additional pro- ‘‘(n) 270-DAY DECISION.—The Secretary of tablished among the loan application, tections to the Secretary, then the Secretary Transportation shall approve or deny an ap- project monitoring, and default management shall take appropriate action under sub- plication for a loan guarantee under this functions. section (m) of this section. If the Secretary title within 270 days after the date on which (b) PROGRAM ENHANCEMENTS.— determines that the financial condition of the signed application is received by the Sec- (1) Section 1103(h)(1) of the Merchant Ma- the obligor jeopardizes its continued ability retary.’’. rine Act, 1936 (46 U.S.C. App. 1273(h)(1)) is to perform its responsibilities in connection SEC. 10. LOAN GUARANTEES UNDER TITLE XI. amended— with the guarantee of obligations by the Sec- Section 1104A of the Merchant Marine Act, (A) by striking ‘‘subsection’’ in subpara- retary, the Secretary shall make an imme- 1936 (46 U.S.C App. 1274) is amended— graph (A) and inserting ‘‘subsection, and up- diate determination whether default should (1) by adding at the end of subsection (d)(1) date annually,’’; take place and whether further measures the following: (B) by inserting ‘‘annually’’ before ‘‘deter- should be taken to protect the interests of ‘‘(C) The Secretary may make a deter- mine’’ in subparagraph (B); the Secretary while insuring that program mination that aspects of an application (C) by striking ‘‘and’’ after the semicolon objectives are met.’’. under this title require independent analysis in subparagraph (A); (b) SEPARATION OF DUTIES AND OTHER RE- to be conducted by third party experts due to (D) by striking ‘‘category.’’ in subpara- QUIREMENTS.—Section 1104A of the Merchant risk factors associated with markets, tech- graph (B) and inserting ‘‘category; and’’; and Marine Act, 1936 (46 U.S.C. App. 1274), as nology, financial structures, or other risk (E) by adding at the end the following: amended by subsection (a), is further amend- factors identified by the Secretary. Any ‘‘(C) ensure that each risk category is com- ed by adding at the end the following: independent analysis conducted pursuant to prised of loans that are relatively homoge- ‘‘(l) REVIEW OF APPLICATIONS.—No commit- this provision shall be performed by a party nous in cost and share characteristics pre- ment to guarantee, or guarantee of, an obli- chosen by the Secretary. dictive of defaults and other costs, given the gation shall be made by the Secretary unless ‘‘(D) Notwithstanding any other provision facts known at the time of obligation or the Secretary certifies that a full and fair of this title, the Secretary may make a de- committment, using a risk category system consideration of all the regulatory require- termination that an application under this that is based on historical analysis of pro- ments, including economic soundness and fi- title requires additional equity because of gram data and statistical evidence con- nancial requirements applicable to obligors increased risk factors associated with mar- cerning the likely costs of defaults or other and related parties, has been made through kets, technology, financial structures, or costs that expected to be associated with the an documented independent assessment con- other risk factors identified by the Sec- loans in the category.’’. ducted by offices with expertise in technical, retary. (2) Section 1103(h)(2)(A) of that Act (46 economic, and financial aspects of the loan ‘‘(E) In determining whether to approve an U.S.C. App. 1273(h)(2)(A)) is amended by in- application process. application under this title, the Secretary serting ‘‘and annually for projects subject to ‘‘(m) AGREEMENT WITH OBLIGOR.—The Sec- may consider a proposed shipyard’s past per- a guarantee,’’ after ‘‘obligation,’’. retary shall include provisions in loan agree- formance on commercial projects including (3) Section 1103(h)(3) of that Act (46 U.S.C. ments with obligors that provide additional cost increases, quality of work, and ability App. 1273(h)(3)) is amended by adding at the authority to the Secretary to take action to to meet work and delivery schedules. After end the following: limit potential losses in connection with de- consideration of these factors the Secretary ‘‘(K) A risk factor for concentration risk faulted loans or loans that are in jeopardy may impose additional requirements on a reflecting the risk presented by an unduly due to the deteriorating financial condition shipyard, require additional security, or dis- large percentage of loans outstanding by any of obligors. Provisions that the Secretary approve an application. 1 borrower or group of affiliated borrowers.’’. shall include in loan agreements include re- ‘‘(F) The Secretary may charge and collect (c) REPORT.—The Secretary shall report to quirements for additional collateral or fees to cover the costs of independent anal- the Senate Committee on Commerce, greater equity contributions that are effec- ysis under subparagraph (C). Notwith- Science, and Transportation and the House tive upon the occurrence of verifiable condi- standing section 3302 of title 31, United of Representatives Committee on Armed tions relating to the obligors financial condi- States Code, any fee collected under this Services on the results of the development of tion or the status of the vessel or shipyard subparagraph shall— an organizational framework under sub- project.’’. ‘‘(i) be credit as an offesetting collection to section (a) by January 2, 2004. SEC. 8. DEFAULTS UNDER TITLE XI. the account that finances the administration (d) FUNDING.—It is the sense of the Con- (a) ACTIONS TO BE TAKEN IN EVENT OF DE- of the loan guarantee program; gress that no further appropriations should FAULT.—Section 1105 of the Merchant Marine ‘‘(ii) shall be available for expenditure only be made for purposes of extending loan guar- Act, 1936 (46 U.S.C. App. 1275) is amended by to pay the costs of activities and services for antees under the title XI loan guarantee pro- adding at the end the following: which the fee is imposed; and gram of the Merchant Marine Act, 1936 (46 ‘‘(f) DEFAULT RESPONSE.—In the event of ‘‘(iii) shall remain available until ex- U.S.C. App. 1271 et seq.) until the Secretary default on a obligation, the Secretary shall pended.’’; and of Transportation has developed sufficient conduct operations under this title in a man- (2) by striking ‘‘(including for obtaining internal controls and resource allocation to ner which— independent analysis under subsection ensure that the loan guarantee program is ‘‘(1) maximizes the net present value re- (d)(4)),’’ in subsection (f) . efficiently and effectively fulfilling the pur- turn from the sale or disposition of assets as- SEC. 11. ANNUAL REPORT ON TITLE XI PROGRAM. poses for which it was established and has sociated with the obligation; The Secretary of Transportation shall re- updated default and recovery assumptions ‘‘(2) minimizes the amount of any loss real- port to Congress annually on the loan guar- used in estimating the credit subsidy costs of ized in the resolution of the guarantee; antee program under title XI of the Mer- the program to more accurately reflect the ‘‘(3) ensures adequate competition and fair chant Marine Act, 1936 (46 U.S.C. App. 1271 et actual costs associated with the program. and consistent treatment of offerors; and seq.). The reports shall include— SEC. 13. WAR RISK INSURANCE. ‘‘(4) requires appraisal of assets by an inde- (1) the size, in dollars, of the portfolio of (a) INTERNATIONAL AGREEMENTS.—Section pendent appraiser.’’. loans guaranteed; 1205 of the Merchant Marine Act, 1936 (46 (b) RESTRICTIONS.— (2) the size, in dollars, of projects in the U.S.C. App. 1285) is amended by adding at the (1) Section 1104A(d)(1)(A)(i) of the Mer- portfolio facing financial difficulties; end the following: chant Marine Act, 1936 (46 U.S.C. App. 1274 (3) the number and type of projects cov- ‘‘(c) INSURING INTERNATIONAL OPER- (d)(1)(A)(i)) is amended by striking ‘‘equip- ered; ATIONS.—The Secretary of Transportation is ment for which a guarantee under this title (4) a profile of pending loan applications; authorized, upon the request of the Sec- is in effect;’’ and inserting ‘‘equipment;’’. (5) the amount of appropriations available retary of Defense or any other agency, with (2) Section 1104A(d)(1)(A) of the Merchant for new guarantees; the approval of the President, to make pay- Marine Act, 1936 (46 U.S.C. App. 1274 (6) a profile of each project approved since ments on behalf of the United States with re- (d)(1)(A)) is amended— the last report; and gard to an international sharing of risk (A) by striking ‘‘and’’ after the semicolon (7) a profile of any defaults since the last agreement or any lesser obligation on the in clause (v); report. part of the United States for vessels sup- (B) by striking ‘‘safety.’’ in clause (vi) and SEC. 12. REVIEW OF TITLE XI LOAN GUARANTEE porting operations of the North Atlantic inserting ‘‘safety; and’’; and PROGRAM. Treaty Organization or similar international (C) by adding at the end the following: (a) IN GENERAL.—The Secretary of Trans- organization or alliance in which the United ‘‘(vii) the past performance of the shipyard portation shall conduct a comprehensive as- States is involved, regardless of registration doing the construction on commercial sessment of the human capital and other re- or ownership, and without regard to whether projects, including cost-over-runs and on- source needs in connection with the title XI the vessels are under contract with a depart- time performance.’’. loan guarantee program under the Merchant ment or agency of the United States. In SEC. 9. 270-DAY DECISION PERIOD. Marine Act, 1936 (46 U.S.C. App. 1271 et seq.). order to segregate moneys received and dis- Section 1104A of the Merchant Marine Act, In connection with this assessment, the Sec- bursed in connection with an agreement au- 1936 (46 U.S.C. App. 1274), as amended by sec- retary shall develop an organizational thorized under this subsection, the Secretary

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of Transportation shall establish a sub- ‘‘(C) to maintain a valid license as an offi- ‘‘(1) BACHELOR’S DEGREE.—The Super- account within the insurance fund estab- cer in the merchant marine of the United intendent of the Academy may confer the de- lished under section 1208 of this Act. States for at least 6 years following the date gree of bachelor of science upon any indi- ‘‘(d) RECEIPT OF CONTRIBUTIONS.— of graduation from the Academy of such in- vidual who has met the conditions prescribed ‘‘(1) IN GENERAL.—Notwithstanding the dividual, accompanied by the appropriate na- by the Secretary and who, if a citizen of the provisions of section 3302(b) of title 31, tional and international endorsements and United States, has passed the examination United States Code, if the international certification as required by the United for a merchant marine officer’s license. No agreements referenced in subsection (c) of States Coast Guard for service aboard vessels individual may be denied a degree under this this section provide for the sharing of risks on domestic and international voyages;’’; subsection because the individual is not per- involved in mutual or joint operations, con- (3) by striking paragraph (1)(E)(iii) and in- mitted to take such examination solely be- tributions for losses incurred by the fund serting the following: cause of physical disqualification. subaccount or financed pursuant to section ‘‘(iii) as a commissioned officer on active ‘‘(2) MASTER’S DEGREE.—The Super- 1208 that are received from foreign entities, duty in an armed force of the United States, intendent of the Academy may confer a mas- may be deposited in the fund subaccount. as a commissioned officer in the National ter’s degree upon any individual who has met ‘‘(2) INDEMNITY AGREEMENT.—Such risk Oceanic and Atmospheric Administration, or the conditions prescribed by the Secretary. sharing agreements shall not affect the re- other maritime-related employment with Any master’s degree program may be funded quirement that the Secretary of Defense or a the Federal Government which serves the through non-appropriated funds. In order to head of a department, agency, or instrumen- national security interests of the United maintain the appropriate academic stand- tality designated by the President make an States, as determined by the Secretary; or’’; ards, the program shall be accredited by the indemnity agreement with the Secretary of (4) by striking paragraph (2) and inserting appropriate accreditation body. The Sec- Transportation under subsection (b) for a the following: retary may make regulations necessary to waiver of premium on insurance obtained by ‘‘(2)(A) If the Secretary determines that administer such a program.’’. a department, agency or instrumentality of any individual who has attended the Acad- (d) STUDENT INCENTIVE PAYMENTS.—Sec- the United States Government. emy for not less than 2 years has failed to tion 1304(g) of the Merchant Marine Act, 1936 ‘‘(3) CREDITING OF CONTRIBUTORY PAY- fulfill the part of the agreement required by (46 U.S.C. App. 1295c(g)) is amended— MENTS.—If the Secretary of Defense, or a des- paragraph (1)(A), such individual may be or- (1) by striking ‘‘$3,000’’ in paragraph (1) and ignated head of a department, agency or in- dered by the Secretary of Defense to active inserting ‘‘$4,000’’; strumentality, has made a payment to the duty in one of the armed forces of the United (2) in paragraph (3)(A) by striking ‘‘attend- Secretary of Transportation on account of a States to serve for a period of time not to ex- ing, unless the individual is separated by loss, pursuant to an indemnification agree- ceed 2 years. In cases of hardship as deter- such academy;’’ and inserting ‘‘attending;’’; ment under subsection (b), and the Secretary mined by the Secretary, the Secretary may (3) by striking paragraph (3)(C) and insert- of Transportation subsequently receives waive this provision in whole or in part. ing the following: from an entity a contributory payment on ‘‘(B) If the Secretary of the Navy is unable ‘‘(C) to maintain a valid license as an offi- account of the same loss, pursuant to a risk or unwilling to order an individual to active cer in the merchant marine of the United sharing agreement referred to in paragraph duty under subparagraph (A), or if the Sec- States for at least 6 years following the date (1), the amount of the contribution shall be retary of Transportation determines that re- of graduation from such State maritime deemed to be a credit in favor of the indem- imbursement of the cost of education pro- academy of such individual, accompanied by nifying department, agency, or instrumen- vided would better serve the interests of the the appropriate national and international tality against any amount that such depart- United States, the Secretary may recover endorsements and certification as required ment, agency, or instrumentality owes or from the individual the cost of education by the United States Coast Guard for service may owe to the Secretary of Transportation provided by the Federal Government.’’; aboard vessels on domestic and international under a subsequent indemnification agree- (5) by striking paragraph (3) and inserting voyages;’’; ment.’’. the following: (4) by striking paragraph (3)(E)(iii) and in- (b) PERMANENT BUDGETARY RESOURCE.— ‘‘(3)(A) If the Secretary determines that an serting the following: Section 1208 of the Merchant Marine Act, individual has failed to fulfill any part of the ‘‘(iii) as a commissioned officer on active 1936 (46 U.S.C. App. 1288) is amended by add- agreement required by paragraph (1), as de- duty in an armed force of the United States, ing at the end the following: scribed in subparagraphs (1)(B), (C), (D), (E), as a commissioned officer in the National ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— or (F), such individual may be ordered to ac- Oceanic and Atmospheric Administration, or To the extent that the fund balance is insuf- tive duty to serve a period of time not less in other maritime-related employment with ficient to fund current obligations arising than 3 years and not more than the unex- the Federal Government which serves the under this chapter, there are authorized to pired portion, as determined by the Sec- national security interests of the United be appropriated to the Secretary of Trans- retary, of the service required by paragraph States, as determined by the Secretary; or’’; portation such sums as may be necessary to (1)(E). The Secretary, in consultation with (5) by striking paragraph (4) and inserting pay such obligations.’’. the Secretary of Defense, shall determine in the following: (c) CLERICAL AMENDMENT.—The section which service the individual shall be ordered ‘‘(4)(A) If the Secretary determines that an heading for section 1205 of the Merchant Ma- to active duty to serve such period of time. individual who has accepted the payment de- rine Act, 1936 (46 U.S.C App. 1285) is amended In cases of hardship, as determined by the scribed in paragraph (1) for a minimum of 2 to read as follows: Secretary, the Secretary may waive this pro- academic years has failed to fulfill the part ‘‘SEC. 1205. INSURANCE ON PROPERTY OF GOV- vision in whole or in part. of the agreement required by paragraph (1) ERNMENT DEPARTMENTS, AGEN- ‘‘(B) If the Secretary of Defense is unable and described in paragraph (3)(A), such indi- CIES AND INTERNATIONAL ORGANI- or unwilling to order an individual to active vidual may be ordered by the Secretary of ZATIONS.’’. duty under subparagraph (A), or if the Sec- the Navy to active duty in the United States SEC. 14. MARITIME EDUCATION AND TRAINING. retary of Transportation determines that re- Navy to serve for a period of time not to ex- (a) COST OF EDUCATION DEFINED.—Section imbursement of the cost of education pro- ceed 2 years. In cases of hardship, as deter- 1302 of the Merchant Marine Act, 1936 (46 vided would better serve the interests of the mined by the Secretary, the Secretary may U.S.C. App. 1295a) is amended— United States, the Secretary may recover waive this provision in whole or in part. (1) by striking ‘‘and’’ after the semicolon from the individual the cost of education ‘‘(B) If the Secretary of the Navy is unable in paragraph (3); provided in an amount proportionate to the or unwilling to order an individual to active (2) by striking ‘‘States.’’ in paragraph unfulfilled portion of the service obligation duty under subparagraph (A), or if the Sec- (4)(B) and inserting ‘‘States; and’’; and as determined by the Secretary. In cases of retary of Transportation determines that re- (3) by adding at the end the following: hardship the Secretary may waive this provi- imbursement of the cost of education pro- ‘‘(5) the term ‘cost of education provided’ sion in whole or in part.’’; and vided would better serve the interests of the means the financial costs incurred by the (6) by redesignating paragraph (4) as para- United States, the Secretary may recover Federal Government for providing training graph (5) and inserting after paragraph (3) from the individual the cost of education or financial assistance to students at the the following: provided by the Federal Government.’’; United States Merchant Marine Academy ‘‘(4) To aid in the recovery of the cost of (6) by striking paragraph (5) and inserting and the State maritime academies, including education provided by the Federal Govern- the following: direct financial assistance, room, board, ment pursuant to a commitment agreement ‘‘(5)(A) If the Secretary determines that an classroom academics, and other training ac- under this section, the Secretary may re- individual has failed to fulfill any part of the tivities.’’. quest the Attorney General to begin court agreement required by paragraph (1), as de- (b) COMMITMENT AGREEMENTS.—Section proceedings, or the Secretary may make use scribed in paragraphs (3)(B), (C), (D), (E), or 1303(e) of the Merchant Marine Act, 1936 (46 of the Federal debt collection procedures in (F), such individual may be ordered to active U.S.C. App. 1295b(e)) is amended— chapter 176 of title 28, United States Code, or duty to serve a period of time not less than (1) by striking ‘‘Academy, unless the indi- other applicable administrative remedies.’’. 2 years and not more than the unexpired por- vidual is separated from the’’ in paragraph (c) DEGREES AWARDED.—Section 1303(g) of tion, as determined by the Secretary, of the (1)(A); the Merchant Marine Act, 1936 (46 U.S.C. service required by paragraph (3)(E). The (2) by striking paragraph (1)(C) and insert- App. 1295b(g)) is amended to read as follows: Secretary, in consultation with the Sec- ing the following: ‘‘(g) DEGREES AWARDED.— retary of Defense, shall determine in which

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service the individual shall be ordered to ac- ‘‘(3) USE BY FEDERAL AGENCIES.—The guid- fecting in any manner the application of any tive duty to serve such period of time. In ance shall serve as national guidance for other provision of law, including laws relat- cases of hardship, as determined by the Sec- Federal agencies preparing vessels for use as ing to the conveyance of obsolete vessels, retary, the Secretary may waive this provi- artificial reefs. their distribution in commerce, or their use sion in whole or in part. ‘‘(4) REPORT.—The Secretary of Transpor- as artificial reefs.’’. ‘‘(B) If the Secretary of Defense is unable tation shall submit to Congress a report on SEC. 17. MAINTENANCE OF CURRENT SAINT LAW- or unwilling to order an individual to active the environmental best management prac- RENCE SEAWAY DEVELOPMENT duty under subparagraph (A), or if the Sec- tices developed under paragraph (1) through CORPORATION SAFETY RESPON- retary of Transportation determines that re- the existing ship disposal reporting require- SIBILITIES. imbursement of the cost of education pro- ments in section 3502 of the Floyd D. Spence Section 3(2) of the Ports and Waterways vided would better serve the interests of the National Defense Authorization Act for Fis- Safety Act (33 U.S.C. 1222(2)) is amended by United States, the Secretary may recover cal Year 2001 (16 U.S.C. 5405 note). The report striking ‘‘operating.’’ and inserting ‘‘oper- from the individual the cost of education shall describe such practices, and may in- ating, except that ‘Secretary’ means the Sec- provided in an amount proportionate to the clude such other matters as the Secretary retary of Transportation with respect to the unfulfilled portion of the service obligation considers appropriate. applicability of this Act to the Saint Law- as determined by the Secretary. In cases of ‘‘(b) APPLICATION REQUIRED.— rence Seaway.’’. hardship the Secretary may waive this provi- ‘‘(1) IN GENERAL.—A State, commonwealth, SEC. 18. USE OF INSURANCE PROCEEDS FOR RE- sion in whole or in part.’’; and possession of the United States or foreign PAIRS AT UNITED STATES MER- (7) by redesignating paragraphs (6) and (7) government may apply for any vessel of the CHANT MARINE ACADEMY. as paragraphs (7) and (8), respectively, and National Defense Reserve Fleet that has Notwithstanding section 3302 of title 31, inserting after paragraph (5) the following: been identified by the Secretary as an obso- United States Code, the Maritime Adminis- ‘‘(6) To aid in the recovery of the cost of lete vessel of insufficient value to warrant tration may deposit into its operations and education provided by the Federal Govern- its further preservation in such a manner training account (account number 69X1750) ment pursuant to a commitment agreement and form as the Secretary shall prescribe. At and use, for purposes otherwise authorized under this section, the Secretary may re- a minimum, the application shall state— by law and in addition to amounts otherwise quest the Attorney General to begin court ‘‘(A) the location at which the applicant appropriated, the amount received by the proceedings, or the Secretary may make use proposes to sink the vessel or vessels; Maritime Administration as insurance pro- of the Federal debt collection procedures in ‘‘(B) the environmental goals to be ceeds as a result of the fire that occurred on chapter 176 of title 28, United States Code, or achieved by the use of the vessel or vessels; December 16, 1996, at the United States Mer- other applicable administrative remedies.’’. and chant Marine Academy, Fitch Building. (e) AWARDS AND MEDALS.—Section 1306 of ‘‘(C) that the applicant agrees to hold the the Merchant Marine Act, 1936 (46 U.S.C. SEC. 19. AVAILABILITY TO THE VESSEL OPER- Government harmless for any claims arising ATIONS REVOLVING FUND OF FUNDS App. 1295e) is amended by adding at the end from exposure to asbestos, polychlorinated the following: FROM LAWSUITS AND SETTLE- biphenyls, lead paint, or other hazardous MENTS. ‘‘(d) AWARDS AND MEDALS.—The Secretary substances after conveyance of the vessel, may establish and maintain a medals and The Vessel Operations Revolving Fund, except for claims arising from use of the ves- awards program to recognize distinguished created by the Third Supplemental Appro- sel by the Government. service, superior achievement, professional priations Act, 1951 (65 STAT. 59), shall, after ‘‘(2) STATES.— performance, and other commendable the date of enactment of this Act, be cred- ‘‘(A) ADDITIONAL DOCUMENTATION RE- achievement by personnel of the United ited with amounts received by the United QUIRED.—A State, commonwealth, or posses- States Maritime Service.’’. States from final judgments and dispute set- sion of the United States shall also provide tlements that arise from the operation of SEC. 15. PROHIBITION AGAINST CARRYING GOV- to the Secretary and the Administrator in ERNMENT IMPELLED CARGOES FOR vessels in the National Defense Reserve VESSELS WITH SUBSTANDARD SECU- its application documentation that the pro- Fleet, including the Ready Reserve Force. RITY MEASURES. posed use of the particular vessel or vessels Funds credited to the Fund under this sec- Section 2302(e)(1) of title 46, United States requested will comply with all applicable tion shall be available until expended. Code, is amended— water quality standards and will benefit the (1) by inserting ‘‘including violations for environment in the vicinity of the proposed By Mr. HAGEL: substandard security measures,’’ in subpara- reef, taking into account the guidance issued S. 1263. A bill to amend the Internal graph (A) after ‘‘party,’’; and under subsection (a) and other appropriate Revenue Code of 1986 to exclude from (2) by inserting ‘‘including violations for environmental considerations. ‘‘(B) EPA CERTIFICATION.—Before any ves- gross income interest received on loans substandard security measures,’’ in subpara- secured by agricultural real property; graph (B) after ‘‘party,’’. sel may be used as an artificial reef, the to the Committee on Finance. SEC. 16. AUTHORITY TO CONVEY OBSOLETE VES- State, commonwealth, or possession of the SELS TO U.S. TERRITORIES AND FOR- United States shall demonstrate to the Envi- Mr. HAGEL. Mr. President, I ask EIGN COUNTRIES FOR REEFING. ronmental Protection Agency, and that unanimous consent that the text of the (a) Section 3 of the Act entitled ‘‘An Act Agency shall determine in writing, that the bill be printed in the RECORD. To authorize appropriations for the fiscal use of the vessel as an artificial reef at the There being no objection, the bill was year 1973 for certain maritime programs of proposed location will be environmentally ordered to be printed in the RECORD, as the Department of Commerce, and for re- beneficial. lated purposes.’’ (16 U.S.C. 1220), Title 16, ‘‘(3) Foreign governments.—A foreign gov- follows: United States Code, is amended to read as ernment shall also provide to the Secretary Be it enacted by the Senate and House of Rep- follows: and the Administrator in its application— resentatives of the United States of America in Congress assembled, ‘‘SEC. 3. PREPARATION OF VESSELS FOR USE AS ‘‘(A) documentation of— ARTIFICIAL REEFS. ‘‘(i) how the proposed use of the vessel or SECTION 1. SHORT TITLE. ‘‘(a) GUIDANCE.— vessels will benefit the environment; and This Act may be cited as the ‘‘Rural Eco- ‘‘(1) IN GENERAL.—Not later than Sep- ‘‘(ii) remediation that the vessel will un- nomic Investment Act of 2003’’. tember 30, 2003, the Administrator of the En- dergo prior to use as an artificial reef; and SEC. 2. EXCLUSION FOR INTEREST ON LOANS SE- vironmental Protection Agency and the Sec- ‘‘(B) certification that such remediation CURED BY AGRICULTURAL REAL retary of Transportation, acting through the shall take into account the guidance issued PROPERTY. Maritime Administration, shall jointly de- under subsection (a). (a) IN GENERAL.—Part III of subchapter B velop guidance recommending environ- ‘‘(4) DETERMINATION OF ENVIRONMENTAL of chapter 1 of the Internal Revenue Code of mental best management practices to be BENEFIT.—No obsolete vessel shall be con- 1986 (relating to items specifically excluded used in the preparation of vessels for use as veyed unless the Maritime Administration from gross income) is amended by inserting artificial reefs. Before issuing the guidance, and the Environmental Protection Agency after section 132 the following new section: the Administrator and the Secretary shall jointly determine, in writing, that the pro- ‘‘SEC. 133. INTEREST ON LOANS SECURED BY AG- consult with interested Federal and State posed remediation measures will ensure that RICULTURAL REAL PROPERTY. agencies. use of the vessel as an artificial reef will be ‘‘(a) EXCLUSION.—Gross income shall not ‘‘(2) REQUIREMENTS.—The guidance shall— environmentally beneficial. The contract include interest received by a qualified lend- ‘‘(A) recommend environmental best man- conveying the vessel or vessels from Mari- er on any qualified real estate loan. agement practices for the preparation of ves- time Administration to the foreign govern- ‘‘(b) DEFINITIONS.—For purposes of this sec- sels that would ensure that the use of vessels ment shall require the use of the remedi- tion— so prepared as artificial reefs would be envi- ation measures determined by Maritime Ad- ‘‘(1) QUALIFIED LENDER.—The term ‘quali- ronmentally beneficial; ministration and the Environmental Protec- fied lender’ means any bank or savings asso- ‘‘(B) promote the nationally consistent use tion Agency to ensure that use of the vessel ciation the deposits of which are insured of such practices; and or vessels as an artificial reef will be envi- under the Federal Deposit Insurance Act (12 ‘‘(C) provide a basis for estimating the ronmentally beneficial. U.S.C. 1811 et seq.). costs associated with the preparation of ves- ‘‘(c) APPLICATION WITH OTHER LAW.—Noth- ‘‘(2) QUALIFIED REAL ESTATE LOAN.—The sels for use as artificial reefs. ing in this section shall be construed as af- term ‘qualified real estate loan’ means any

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.019 S13PT1 S7882 CONGRESSIONAL RECORD — SENATE June 13, 2003 loan secured by agricultural real estate or by and the House of Representatives Com- The bill also establishes an office with- a leasehold mortgage (with a status as a mittee on Energy and Commerce on in the Commission for the recording lien) on agricultural real estate. the anniversary of the Act’s enactment and perfecting of security interests re- ‘‘(3) AGRICULTURAL REAL ESTATE.—The for each year between 2004 and 2007. lated to licenses. term ‘agricultural real estate’ means— Further, this bill would clarify the ‘‘(A) real property used for the production It also would ban any payment or re- of 1 or more agricultural products, and Commission’s review of its media own- imbursement to the FCC of travel costs ‘‘(B) any single family residence— ership rules. Specifically, the bill sets for FCC officials or staff from a non- ‘‘(i) which is the principal residence (with- forth the timing and the standard the governmental sponsor of a convention, in the meaning of section 121) of its occu- FCC will use for reviewing its broad- conference, or meeting. Recent reports pant, and cast ownership rules. Currently, the indicate that during the last eight ‘‘(ii) which is located in a rural area (as de- FCC is required to review its broadcast years, FCC officials and staff have termined by the Secretary of Agriculture) ownership rules every 2 years. The bill taken more than 2,500 trips paid for by with a population (determined on the basis lengthens the duration between re- of the most recent decennial census for the industries they regulate. Although which data are available) of 2,500 or less.’’. views from 2 years to 5 years. At a re- this is perfectly legal and it is often ap- (b) CLERICAL AMENDMENT.—The table of cent hearing, all five FCC Commis- propriate for FCC officials and staff to sections for such part III is amended by in- sioners recommended this change. attend such conventions, conferences, serting after the item relating to section 132 The legislation also would clarify the or meetings, it should be without the the following new item: actions the FCC may take during its appearance of impropriety. Therefore, ‘‘Sec. 133. Interest on loans secured by media ownership reviews. Courts have the bill authorizes the Commission suf- agricultural real property.’’. found the current review standard to ficient funds to pay for their own trav- (c) EFFECTIVE DATE.—The amendments carry ‘‘with it a presumption in favor el costs in the future. made by this section shall apply to taxable of repealing or modifying ownership The bill would impose a one year lob- years beginning after the date of the enact- rules’’ as part of ‘‘a process of deregu- ment of this Act. bying ban on high-level FCC staffers lation.’’ This bill modifies the review who leave the FCC’s employment. By Mr. MCCAIN: standard to specifically allow the FCC Finally, the bill contains language in S. 1264. A bill to reauthorize the Fed- to repeal, strengthen, limit, or retain response to a recent court case before eral Communications Commission, and media ownership rules if it determines the D.C. Circuit Court of Appeals, for other purposes; to the Committee such changes are in the public interest. which held that the Commission lacked on Commerce, Science, and Transpor- At a recent hearing, several of the FCC jurisdiction to promulgate regulations tation. Commissioners endorsed this change. necessary to require video descriptions Mr. MCCAIN. Mr. President, today I The bill would increase the Commis- of television programming to assist am introducing the Federal Commu- sion’s ability to enforce the Commu- those who are visually impaired. This nications Commission Reauthorization nications Act of 1934, the 1934 Act, by section would provide the FCC such au- Act of 2003. This legislation is designed raising the statutory cap on Commis- thority. to reauthorize the Federal Communica- sion fines and forfeitures by a factor of Reauthorizing the FCC is important tions Commission, FCC or Commission, ten. The Commission has sought this so the agency may continue to success- so that it may continue to carry forth increased enforcement ability to en- fully carry out its many responsibil- its charge to ensure interference-free sure communications providers do not ities. I look forward to working on this communication on interstate and accept Commission fines as a ‘‘cost of important legislation and I hope that international radio, television, wire, doing business.’’ The bill also increases my colleagues will agree to join me in satellite, and cable communications. the statute of limitations for viola- expeditiously moving this reauthoriza- This independent agency has not been tions of FCC rules or regulations from tion through the legislative process. reauthorized since 1991. one year to two years. The legislation I ask unanimous consent that the The FCC is responsible for a wide also allows the Commission to assess text of the bill be printed in the range of duties, including establishing fines against direct broadcast satellite RECORD. regulatory policies that promote com- (DBS) operators for violations of the There being no objection, the bill was petition, innovation, and investment in Communications Act in the same man- ordered to be printed in the RECORD, as broadband services; ensuring that a ner that the Commission may assess follows: comprehensive and sound national fines against broadcasters and cable S. 1264 competitive framework for commu- operators. Be it enacted by the Senate and House of Rep- nications services exists; encouraging The bill would further clarify that a resentatives of the United States of America in the best use of spectrum domestically party injured by a common carrier’s Congress assembled, and internationally; and providing violation of FCC rules or orders may SECTION 1. SHORT TITLE; AMENDMENT OF COM- leadership for the rapid restoration of recover damages for such injury in an MUNICATIONS ACT OF 1934. the Nation’s communications infra- action before the FCC or before a (a) SHORT TITLE.—This Act may be cited as the ‘‘FCC Reauthorization Act of 2003’’. structure in the event of disruption. United States District Court. The need (b) AMENDMENT OF COMMUNICATIONS ACT.— This bill would reauthorize the Com- for this clarification is underscored by Except as otherwise specifically provided, mission through fiscal year 2007. It the recent decision by the United whenever in this Act an amendment or re- would require that all application and States Court of Appeals or the Second peal is expressed in terms of an amendment regulatory fees paid to the Commission Circuit in Conboy v. AT&T Corp. More- to, or repeal of, a section or other provision be deposited with the Commission sub- over, the new section would allow for of law, the reference shall be considered to ject to Appropriations. the recovery of attorneys’ fees in com- be made to a section or other provision of The legislation also would authorize plaints filed either in district court or the Communications Act of 1934 (47 U.S.C. the Commission to allocate sufficient at the FCC. 151 et seq.). funds to be used for an audit of the e- The bill also would allow the Com- SEC. 2. AUTHORIZATION OF APPROPRIATIONS. rate program to determine the specific mission to seize broadcasting equip- (a) IN GENERAL.—Section 6 (47 U.S.C. 156) is amended— fraud or abuse that has occurred during ment where one engages in malicious (1) by striking subsections (a), (b), and (c); the operation of the program. Serious interference to radio communications. (2) by redesignating subsection (d) as sub- allegations of fraud in the operation of This type of behavior is particularly section (c); the e-rate fund have been raised in re- egregious when parties attempt to ma- (3) by inserting ‘‘REGULATORY FEES OFF- cent months, and we should provide the liciously interfere with public safety SET.—’’ before ‘‘Of’’ in subsection (c), as re- Commission adequate resources to en- frequencies. designated; and sure that e-rate funds are being used Furthermore, the bill would ensure (3) by inserting before subsection (c), as re- for the purposes intended. The Com- that valuable spectrum does not lie fal- designated, the following: ‘‘(a) IN GENERAL.—There are authorized to mission would be required to transmit low unnecessarily. It precludes a suc- be appropriated for the administration of a report of its findings and conclusions cessful bidder in a spectrum auction this Act by the Commission $281,289,000 for to the Senate Committee on Com- from using bankruptcy to avoid its ob- fiscal year 2004, $299,500,000 for fiscal year merce, Science, and Transportation ligation to pay for its spectrum license. 2005, $318,982,000 for fiscal year 2006, and

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$334,931,000 for fiscal year 2007, to carry out ‘‘(c) OWNERSHIP RULES.—Subsections (a) holding any license issued by the Commis- this Act including amounts necessary for un- and (b) do not apply to ownership rules re- sion, including automatic cancellation of li- reimbursed travel, together with such sums viewable under section 202(h) of the Tele- censes for failure to pay a monetary obliga- as may be necessary for increases resulting communications Act of 1996.’’. tion of the debtor to the United States when from adjustments in salary, pay, retirement, SEC. 5. FCC ENFORCEMENT ENHANCEMENTS. due under an installment payment plan aris- other employee benefits required by law, and (a) FORFEITURES IN CASES OF REBATES AND ing from an auction under this Act, other nondiscretionary costs, for each of OFFSETS.— except that, upon cancellation of a license such years. (1) BROADCAST AND MULTICHANNEL VIDEO issued by the Commission, the United States ‘‘(b) STAFFING LEVELS.—The Commission PROVIDERS.—Section 503(b)(2)(A) (47 U.S.C. shall have an allowed unsecured claim for may hire and maintain an adequate number 503(b)(2)(A)) is amended— any outstanding debt to the United States of full time equivalent staff, to the extent of (A) by striking ‘‘operator, or’’ in clause (i) with respect to such canceled licenses, and the amounts authorized by subsection (a), and inserting ‘‘operator or any other multi- that unsecured debt may be recovered by the necessary to carry out the Commission’s channel video distributor, or’’; United States under its rights as a creditor powers and duties under this Act.’’. (B) by striking ‘‘$25,000’’ and inserting under title 11, United States Code, or other (b) DEPOSIT OF APPLICATION FEES.—Section ‘‘$250,000’’; and applicable law. 8(e) is amended to read as follows: (C) by striking ‘‘$250,000’’ and inserting ‘‘(2) DEBTOR TO HAVE NO INTEREST IN PRO- ‘‘(e) DEPOSIT OF COLLECTIONS.—Moneys re- ‘‘$2,500,000’’. CEEDS OF AUCTION.—A debtor in a proceeding ceived from fees established under this sec- (2) COMMON CARRIERS.—Section 503(b)(2)(B) under the bankruptcy laws shall have no tion shall be deposited as an offsetting col- (47 U.S.C. 503(b)(2)(B)) is amended— right or interest in any portion of the pro- lection in, and credited to, the account pro- (A) by striking ‘‘$100,000’’ and inserting ceeds from an auction of any license re- viding appropriations to carry out the func- ‘‘$1,000,000’’; and claimed by the Commission for failure to pay tions of the Commission.’’. (B) by striking ‘‘$1,000,000’’ and inserting a monetary obligation of the debtor to the SEC. 3. AUDITS AND INVESTIGATIONS OF E-RATE ‘‘$10,000,000’’. United States in connection with the grant BENEFICIARY COMPLIANCE WITH (3) OTHERS.—Section 503(b)(2)(C) (47 U.S.C. or retention of a license under this Act. PROGRAM REQUIREMENTS. 503(b)(2)(C)) is amended— ‘‘(3) SECURITY INTERESTS.—Notwith- (a) IN GENERAL.—The Federal Communica- (A) by striking ‘‘$10,000’’ and inserting standing any other provision of law, the tions Commission shall conduct an inves- ‘‘$100,000’’; and Commission may— tigation into the implementation, utiliza- (B) by striking ‘‘$75,000’’ and inserting ‘‘(A) establish rules and procedures gov- tion, and Commission oversight of activities ‘‘$750,000’’. erning security interests in licenses, or the authorized by section 254(h) of the Commu- (4) STATUTE OF LIMITATIONS.—Section proceeds of the sale of licenses, issued by the nications Act of 1934 (47 U.S.C. 254(h)) and 503(b)(6) (47 U.S.C. 503(b)(6)) is amended— Commission; and the operations of the National Education (A) by striking ‘‘1 year’’ in subparagraph ‘‘(B) establish an office within the Office of Technology Funding Corporation established (A)(i) and inserting ‘‘2 years’’; Secretary for the recording and perfection of by section 708 of the Telecommunications (B) by striking ‘‘1 year’’ in subparagraph such security interests without regard to Act of 1996 for each of fiscal years 2004 (B) and inserting ‘‘2 years’’. otherwise applicable State law. through 2007, with a particular emphasis on (b) FORFEITURES OF COMMUNICATIONS DE- ‘‘(4) BANKRUPTCY LAWS DEFINED.—In this determining the specific fraud or abuse of VICES.—Section 510 (47 U.S.C. 510) is amended subsection, the term ‘bankruptcy laws’ Federal funds that has occurred in connec- by inserting ‘‘and any equipment used to cre- means title 11, United States Code, or any tion with such activities or operations. ate malicious interference in violation of otherwise applicable Federal or State law re- (b) REPORTS.—The Commission shall trans- mit a report, setting forth its finding, con- section 333,’’ after ‘‘302,’’. garding insolvencies or receiverships, includ- clusions, and recommendations, of the re- (c) LIABILITY OF CARRIERS FOR DAMAGES.— ing any Federal law enacted or amended sults of its investigation for each of fiscal Section 206 (47 U.S.C. 206) is amended to read after the date of enactment of the FCC Reau- years 2004 through 2007 to the Senate Com- as follows: thorization Act of 2003 not expressly in dero- mittee on Commerce, Science, and Transpor- ‘‘SEC. 206. LIABILITY OF CARRIERS FOR DAM- gation of this subsection.’’. FFECTIVE DATE.—The amendment tation and the House of Representatives AGES. (b) E made by subsection (a) shall apply to cases Committee on Energy and Commerce within ‘‘A common carrier that does, or causes or and proceedings commenced on or after the 1 year after the date of enactment of this permits to be done, any act, matter, or thing date of enactment of this Act. Act. prohibited or declared to be unlawful in this (c) FUNDING.—Of the amounts authorized Act, or in any rule, regulation, or order SEC. 7. BAN ON REIMBURSED TRAVEL EXPENSES. by section 6(a) of the Communications Act of issued by the Commission, or that fails to do Section 4(g)(2) (47 U.S.C. 154(g)(2)) is 1934 (47 U.S.C. 156(a)), the Commission shall any act, matter, or thing required to be done amended to read as follows: allocate such sums as may be necessary for by this Act, or by any rule, regulation, or ‘‘(2) Notwithstanding section 1353 of title fiscal years 2004 through 2007 to be used for order of the Commission is liable to any per- 31, United States Code, section 4111 of title 5, audits and investigations of compliance by son injured by such act or failure for the full United States Code, or any other provision of beneficiaries with the rules and regulations amount of damages sustained in consequence law in pari materia, no Commissioner or em- of the Universal Service Fund program under of such act or failure, together with a rea- ployee of the Commission may accept, nor section 254(h), commonly known as the ‘‘e- sonable attorney’s fee. The amount of the at- may the Commission accept, payment or re- rate program’’. torney’s fee shall be— imbursement from the nongovernmental sponsor (or any affiliated organization) of SEC. 4. CLARIFICATION OF CONGRESSIONAL IN- ‘‘(1) fixed by the court in every case of re- TENT WITH RESPECT TO BIENNIAL covery in a judicial proceeding; or any convention, conference, or meeting for REVIEW MODIFICATIONS; FRE- ‘‘(2) fixed by the Commission in every case expenses for travel, subsistence, or related QUENCY OF REVIEW. of recovery in a Commission proceeding.’’. expenses incurred by a commissioner or em- (a) COMMISSION REVIEW OF OWNERSHIP (d) VIOLATIONS OF REGULATIONS, RULES, ployee of the Commission for the purpose of RULES.—Section 202(h) of the Telecommuni- AND ORDERS.—Section 208 (47 U.S.C. 208) is enabling that commissioner or employee to cations Act of 1996 is amended to read as fol- amended by inserting ‘‘or of any rule, regula- attend and participate in any such conven- lows: tion, or order of the Commission,’’ after tion, conference, or meeting. The Commis- ‘‘(h) FURTHER COMMISSION REVIEW.— ‘‘thereof,’’. sion may establish a de minimus level of ‘‘(1) IN GENERAL.—The Commission shall SEC. 6. APPLICATION OF COMMUNICATIONS ACT payment or value to which the preceding review its rules adopted pursuant to this sec- WITH BANKRUPTCY AND SIMILAR sentence does not apply.’’. tion, and all of its ownership rules LAWS. SEC. 8. APPLICATION OF ONE-YEAR RESTRIC- quinquennially (beginning with 2007), and Section 4 (47 U.S.C. 154) is amended by add- TIONS TO CERTAIN POSITIONS. shall determine whether— ing at the end the following: For purposes of section 207 of title 18, ‘‘(A) any rule requires strengthening or ‘‘(p) APPLICATION WITH BANKRUPTCY United States Code, an individual serving in broadening; LAWS.— any of the following positions at the Federal ‘‘(B) any rule requires limiting or nar- ‘‘(1) IN GENERAL.—The bankruptcy laws Communications Commission is deemed to rowing; shall not be applied— be a person described in section ‘‘(C) any rule should be repealed; or ‘‘(A) to avoid, discharge, stay, or set-off 207(c)(2)(A)(ii) of that title, regardless of the ‘‘(D) any rule should be retained. any pre-petition debt obligation to the individual’s rate of basic pay: ‘‘(2) CHANGE, REPEAL, OR RETAIN.—The United States arising from an auction under (1) Chief, Office of Engineering and Tech- Commission shall change, repeal, or retain this Act, nology. such rules pursuant to its review under para- ‘‘(B) to stay the payment obligations of the (2) Director, Office of Legislative Affairs. graph (1) as it determines to be in the public debtor to the United States if such payments (3) Inspector General, Office of Inspector interest.’’. were a condition of the grant or retention of General. (b) OTHER REGULATORY REFORM REVIEWS.— a license under this Act, or (4) Managing Director, Office of Managing Section 11 of the Communications Act of 1934 ‘‘(C) to prevent the automatic cancellation Director. (47 U.S.C. 161) is amended by adding at the of licenses for failure to comply with any (5) General Counsel, Office of General end the following: monetary or non-monetary condition for Counsel.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.020 S13PT1 S7884 CONGRESSIONAL RECORD — SENATE June 13, 2003 (6) Chief, Office of Strategic Planning and Sec. 210. Quarterly status reports. Sec. 513. Air transportation oversight system Policy Analysis. Sec. 211. Noise disclosure. plan. (7) Chief, Consumer and Governmental Af- Sec. 212. Prohibition on requiring airports to Sec. 514. National small community air service fairs Bureau. provide rent-free space for FAA or development Ombudsman. (8) Chief, Enforcement Bureau. TSA. Sec. 515. National commission on small commu- (9) Chief, International Bureau. Sec. 213. Special rules for fiscal year 2004. nity air service. (10) Chief, Media Bureau. Sec. 214. Agreements for operation of airport fa- Sec. 516. Training certification for cabin crew. (11) Chief, Wireline Competition Bureau. cilities. Sec. 517. Aircraft manufacturer insurance. (12) Chief, Wireless Telecommunications Sec. 215. Public agencies. Sec. 518. Ground-based precision navigational Bureau. Sec. 216. Flexible funding for nonprimary air- aids. SEC. 9. VIDEO DESCRIPTION RULES AUTHORITY. port apportionments. Sec. 519. Standby power efficiency program. Notwithstanding the decision of the United Sec. 217. Share of airport project costs. Sec. 520. Certain interim and final rules. Sec. 218. Pilot program for purchase of airport States Court of Appeals for the District of Sec. 521. Air fares for members of armed forces. development rights. Columbia Circuit in Motion Picture Associa- Sec. 522. Modification of requirements regard- Sec. 219. Gary/Chicago Airport funding. tion of America, Inc., et al, v. Federal Com- ing training to operate aircraft. Sec. 220. Civil penalty for closure of an airport munications Commission, et al (309 F. 3d 796, Sec. 523. Exemption for Jackson Hole Airport. without providing sufficient no- November 8, 2002), the Federal Communica- Sec. 524. Distance requirement applicable to eli- tice. tions Commission— gibility for essential air service Sec. 221. Anchorage air traffic control. (1) shall, within 90 days after the date of subsidies. Sec. 525. Reimbursement for losses incurred by enactment of this Act, reinstate its video de- TITLE III—AIRLINE SERVICE general aviation entities. scription rules contained in the report and DEVELOPMENT Sec. 526. Recommendations concerning travel order identified as Implementation of Video Subtitle A—Program Enhancements agents. Description of Video Programming, Report Sec. 301. Delay reduction meetings. Sec. 527. Pass-through of refunded passenger and Order, 15 F.C.C.R. 15,230 (2000); and Sec. 302. Small community air service develop- security fees to code-share part- (2) may amend, repeal, or otherwise modify ment pilot program. ners. such rules. Sec. 303. DOT study of competition and access Sec. 528. Air carrier citizenship. problems at large and medium hub f Sec. 529. United States presence in global air airports. cargo industry. AVIATION INVESTMENT AND Sec. 304. Competition disclosure requirement for REVITALIZATION VISION ACT large and medium hub airports. TITLE VI—SECOND CENTURY OF FLIGHT (On Thursday, June 12, 2003, the Sen- Sec. 305. Location of shuttle service at Ronald Sec. 601. Findings. Reagan Washington National Air- ate passed H.R. 2115, as follows:) Subtitle A—The Office of Aerospace and port. Aviation Liaison Resolved, That the bill from the House of Sec. 306. Air carriers required to honor tickets Sec. 621. Office of Aerospace and Aviation Liai- Representatives (H.R. 2115) entitled ‘‘An Act for suspended service. to amend title 49, United States Code, to re- son. Subtitle B—Small Community and Rural Air Sec. 622. National Air Traffic Management Sys- authorize programs for the Federal Aviation Service Revitalization Administration, and for other purposes.’’, do tem Development Office. Sec. 623. Report on certain market develop- pass with the following amendment: Sec. 351. Reauthorization of essential air serv- Strike out all after the enacting clause and ice program. ments and government policies. insert: Sec. 352. Incentive program. Sec. 624. Transfer of certain air traffic control Sec. 353. Pilot programs. functions prohibited. SECTION 1. SHORT TITLE; AMENDMENT OF TITLE Sec. 354. EAS program authority changes. 49. Subtitle B—Technical Programs Sec. 355. One-year extension of EAS eligibility (a) SHORT TITLE.—This Act may be cited as Sec. 641. Aerospace and aviation safety work- for communities terminated in the ‘‘Aviation Investment and Revitalization Vi- force initiative. 2003 due to decreased air travel. sion Act’’. Sec. 642. Scholarships for service. Subtitle C—Financial Improvement Effort and (b) AMENDMENT OF TITLE 49.—Except as oth- Subtitle C—FAA Research, Engineering, and Executive Compensation Report erwise expressly provided, whenever in this Act Development an amendment or repeal is expressed in terms of Sec. 371. GAO report on airlines actions to im- Sec. 661. Research program to improve airfield an amendment to, or a repeal of, a section or prove finances and on executive pavements. other provision, the reference shall be consid- compensation. Sec. 662. Ensuring appropriate standards for ered to be made to a section or other provision TITLE IV—AVIATION SECURITY airfield pavements. of title 49, United States Code. Sec. 401. Study of effectiveness of transpor- Sec. 663. Assessment of wake turbulence re- SEC. 2. TABLE OF CONTENTS. tation security system. search and development program. The table of contents for this Act is as follows: Sec. 402. Aviation security capital fund. Sec. 664. Air quality in aircraft cabins. Sec. 1. Short title; amendment of title 49. Sec. 403. Technical amendments related to secu- Sec. 665. International role of the FAA. Sec. 2. Table of contents. rity-related airport development. Sec. 666. FAA report on other nations’ safety TITLE I—REAUTHORIZATIONS; FAA Sec. 404. Armed forces charters. and technological advancements. MANAGEMENT Sec. 405. Arming cargo pilots against terrorism. Sec. 667. Development of analytical tools and Sec. 101. Airport improvement program. Sec. 406. General aviation and air charters. certification methods. Sec. 102. Airway facilities improvement pro- Sec. 407. Air defense identification zone. Sec. 668. Pilot program to provide incentives for gram. Sec. 408. Report on passenger prescreening pro- development of new technologies. Sec. 103. FAA operations. gram. Sec. 669. FAA center for excellence for applied Sec. 104. Research, engineering, and develop- Sec. 409. Removal of cap on TSA staffing level. research and training in the use ment. Sec. 410. Foreign repair station safety and secu- of advanced materials in trans- Sec. 105. Other programs. rity. port aircraft. Sec. 106. Reorganization of the Air Traffic Serv- TITLE V—MISCELLANEOUS Sec. 670. FAA certification of design organiza- ices Subcommittee. Sec. 501. Extension of war risk insurance au- tions. Sec. 107. Clarification of responsibilities of chief thority. Sec. 671. Report on long term environmental im- operating officer. Sec. 502. Cost-sharing of air traffic moderniza- provements. Sec. 108. Whistle-blower protection under Ac- tion projects. TITLE VII—EXTENSION OF AIRPORT AND quisition Management System. Sec. 503. Counterfeit or fraudulently rep- AIRWAY TRUST FUND EXPENDITURE AU- TITLE II—AIRPORT DEVELOPMENT resented parts violations. THORITY Sec. 201. National capacity projects. Sec. 504. Clarifications to procurement author- Sec. 701. Extension of expenditure authority. Sec. 202. Categorical exclusions. ity. TITLE I—REAUTHORIZATIONS; FAA Sec. 203. Alternatives analysis. Sec. 505. Judicial review. MANAGEMENT Sec. 204. Increase in apportionment for, and Sec. 506. Civil penalties. flexibility of, noise compatibility Sec. 507. Miscellaneous amendments. SEC. 101. AIRPORT IMPROVEMENT PROGRAM. planning programs. Sec. 508. Low-emission airport vehicles and in- (a) AUTHORIZATION OF APPROPRIATIONS.—Sec- Sec. 205. Secretary of Transportation to identify frastructure. tion 48103 is amended— airport congestion-relief projects. Sec. 509. Low-emission airport vehicles and (1) by inserting ‘‘(a) IN GENERAL.—’’ before Sec. 206. Design-build contracting. ground support equipment. ‘‘The’’; Sec. 207. Special rule for airport in Illinois. Sec. 510. Pacific emergency diversion airport. (2) by striking ‘‘and’’ in paragraph (4); Sec. 208. Elimination of duplicative require- Sec. 511. Gulf of Mexico aviation service im- (3) by striking ‘‘2003.’’ in paragraph (5) and ments. provements. inserting ‘‘2003;’’; Sec. 209. Streamlining the passenger facility fee Sec. 512. Air traffic control collegiate training (4) by inserting after paragraph (5) the fol- program. initiative. lowing:

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.020 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7885 ‘‘(6) $3,400,000,000 for fiscal year 2004; ‘‘(A) $211,000,000 to improve aviation safety; terprise, except an interest in a diversified mu- ‘‘(7) $3,500,000,000 for fiscal year 2005; and ‘‘(B) $19,000,000 to improve the efficiency of tual fund or an interest that is exempt from the ‘‘(8) $3,600,000,000 for fiscal year 2006.’’; and the air traffic control system; application of section 208 of title 18; (5) by adding at the end the following: ‘‘(C) $28,000,000 to reduce the environmental ‘‘(ii) engage in another business related to ‘‘(b) ADMINISTRATIVE EXPENSES.—From the impact of aviation; aviation or aeronautics; or amounts authorized by paragraphs (6) through ‘‘(D) $17,000,000 to improve the efficiency of ‘‘(iii) be a member of any organization that (8) of subsection (a), there shall be available for mission support; and engages, as a substantial part of its activities, in administrative expenses relating to the airport ‘‘(E) $29,000,000 to improve the durability and activities to influence aviation-related legisla- improvement program, passenger facility fee ap- maintainability of advanced material structures tion. proval and oversight, national airport system in transport airframe structures; and ‘‘(E) CLAIMS AGAINST MEMBERS.— planning, airport standards development and ‘‘(11) for fiscal year 2006, $317,000,000, includ- ‘‘(i) IN GENERAL.—A member appointed under enforcement, airport certification, airport-re- ing— subparagraph (A)(ii) shall have no personal li- lated environmental activities (including legal ‘‘(A) $220,000,000 to improve aviation safety; ability under Federal law with respect to any service), to remain available until expended— ‘‘(B) $20,000,000 to improve the efficiency of claim arising out of or resulting from an act or ‘‘(1) for fiscal year 2004, $69,737,000; the air traffic control system; omission by such member within the scope of ‘‘(2) for fiscal year 2005, $71,816,000; and ‘‘(C) $29,000,000 to reduce the environmental service as a member of the Air Traffic Services ‘‘(3) for fiscal year 2006, $74,048,000.’’. impact of aviation; Committee. (b) OBLIGATIONAL AUTHORITY.—Section ‘‘(D) $18,000,000 to improve the efficiency of ‘‘(ii) EFFECT ON OTHER LAW.—This subpara- 47104(c) is amended by striking ‘‘2003,’’ and in- mission support; and graph shall not be construed— serting ‘‘2006,’’. ‘‘(E) $30,000,000 to improve the durability and ‘‘(I) to affect any other immunity or protec- SEC. 102. AIRWAY FACILITIES IMPROVEMENT maintainability of advanced material structures tion that may be available to a member of the PROGRAM. in transport airframe structures.’’. Committee under applicable law with respect to (a) IN GENERAL.—Section 48101(a) is amended SEC. 105. OTHER PROGRAMS. such transactions; by adding at the end the following: Section 106 of the Wendell H. Ford Aviation ‘‘(II) to affect any other right or remedy ‘‘(6) $2,916,000,000 for fiscal year 2004. Investment and Reform Act for the 21st Century against the United States under applicable law; ‘‘(7) $2,971,000,000 for fiscal year 2005. is amended— or ‘‘(8) $3,030,000,000 for fiscal year 2006.’’. (1) by striking ‘‘2003’’ in subsection (a)(1)(A) ‘‘(III) to limit or alter in any way the immuni- (b) BIANNUAL REPORTS.—Beginning 180 days and subsection (c)(2) and inserting ‘‘2006’’; and ties that are available under applicable law for after the date of enactment of Act, the Adminis- (2) by striking ‘‘2003,’’ in subsection (a)(2) and Federal officers and employees. trator of the Federal Aviation Administration inserting ‘‘2006,’’. ‘‘(F) ETHICAL CONSIDERATIONS.— shall transmit a report to the Senate Committee ‘‘(i) FINANCIAL DISCLOSURE.—During the en- on Commerce, Science, and Transportation and SEC. 106. REORGANIZATION OF THE AIR TRAFFIC tire period that an individual appointed under SERVICES SUBCOMMITTEE. the House of Representatives Committee on subparagraph (A)(ii) is a member of the Com- (a) IN GENERAL.—Section 106 is amended— Transportation and Infrastructure every 6 mittee, such individual shall be treated as serv- (1) by redesignating subsections (q) and (r) as months that describes— ing as an officer or employee referred to in sec- subsections (r) and (s), respectively; and (1) the 10 largest programs funded under sec- tion 101(f) of the Ethics in Government Act of (2) by inserting after subsection (p) the fol- tion 48101(a) of title 49, United States Code; 1978 for purposes of title I of such Act; except lowing: (2) any changes in the budget for such pro- that section 101(d) of such Act shall apply with- ‘‘(q) AIR TRAFFIC MANAGEMENT COMMITTEE.— grams; out regard to the number of days of service in ‘‘(1) ESTABLISHMENT.—The Secretary of (3) the program schedule; and the position. Transportation shall establish an advisory com- (4) technical risks associated with the pro- ‘‘(ii) RESTRICTIONS ON POST-EMPLOYMENT.— mittee which shall be known as the Air Traffic grams. For purposes of section 207(c) of title 18, an in- Services Committee (in this subsection referred SEC. 103. FAA OPERATIONS. dividual appointed under subparagraph (A)(ii) to as the ‘Committee’). (a) IN GENERAL.—Section 106(k)(1) is amend- shall be treated as an employee referred to in ‘‘(2) MEMBERSHIP.— ed— section 207(c)(2)(A)(i) of such title during the ‘‘(A) COMPOSITION AND APPOINTMENT.—The (1) by striking ‘‘and’’ in subparagraph (C); entire period the individual is a member of the Committee shall be composed of— (2) by striking ‘‘2003.’’ in subparagraph (D) Committee; except that subsections (c)(2)(B) and ‘‘(i) the Administrator of the Federal Aviation and inserting ‘‘2003;’’; and (f) of section 207 of such title shall not apply. Administration, who shall serve as chair; and (3) by adding at the end the following: ‘‘(G) TERMS FOR AIR TRAFFIC SERVICES COM- ‘‘(ii) 4 members, to be appointed by the Sec- ‘‘(E) $7,591,000,000 for fiscal year 2004; MITTEE MEMBERS.—A member appointed under retary, after consultation with the Committee on ‘‘(F) $7,732,000,000 for fiscal year 2005; and subparagraph (A)(ii) shall be appointed for a Transportation and Infrastructure of the House ‘‘(G) $7,889,000,000 for fiscal year 2006.’’. term of 5 years. of Representatives, and the Committee on Com- (b) ANNUAL REPORT.—Beginning with the sub- ‘‘(H) REAPPOINTMENT.—An individual may merce, Science, and Transportation of the Sen- mission of the Budget of the United States to the not be appointed under subparagraph (A)(ii) to ate. Congress for fiscal year 2004, the Administrator more than two 5-year terms. ‘‘(B) NO FEDERAL OFFICER OR EMPLOYEE.—No of the Federal Aviation Administration shall ‘‘(I) VACANCY.—Any vacancy on the Com- transmit a report to the Senate Committee on member appointed under subparagraph (A)(ii) mittee shall be filled in the same manner as the Commerce, Science, and Transportation and the may serve as an officer or employee of the original appointment. Any member appointed to House of Representatives Committee on Trans- United States Government while serving as a fill a vacancy occurring before the expiration of portation and Infrastructure that describes the member of the Committee. the term for which the member’s predecessor was ‘‘(C) ELIGIBILITY.—Members appointed under overall air traffic controller staffing plan, in- appointed shall be appointed for the remainder subparagraph (A)(ii) shall— cluding strategies to address anticipated retire- of that term. ‘‘(i) have a fiduciary responsibility to rep- ment and replacement of air traffic controllers. ‘‘(J) CONTINUATION IN OFFICE.—A member resent the public interest; whose term expires shall continue to serve until SEC. 104. RESEARCH, ENGINEERING, AND DEVEL- ‘‘(ii) be citizens of the United States; and OPMENT. the date on which the member’s successor takes ‘‘(iii) be appointed without regard to political (a) AMOUNTS AUTHORIZED.—Section 48102(a) office. affiliation and solely on the basis of their pro- is amended— ‘‘(K) REMOVAL.—Any member appointed fessional experience and expertise in one or (1) by striking ‘‘and’’ at the end of paragraph under subparagraph (A)(ii) may be removed for more of the following areas: (7); cause by the Secretary. ‘‘(I) Management of large service organiza- (2) by striking the period at the end of para- ‘‘(3) GENERAL RESPONSIBILITIES.— tions. graph (8) and inserting a semicolon; and ‘‘(A) OVERSIGHT.—The Committee shall over- (3) by adding at the end the following: ‘‘(II) Customer service. see the administration, management, conduct, ‘‘(9) for fiscal year 2004, $289,000,000, includ- ‘‘(III) Management of large procurements. direction, and supervision of the air traffic con- ing— ‘‘(IV) Information and communications tech- trol system. ‘‘(A) $200,000,000 to improve aviation safety, nology. ‘‘(B) CONFIDENTIALITY.—The Committee shall including icing, crashworthiness, and aging air- ‘‘(V) Organizational development. ensure that appropriate confidentiality is main- craft; ‘‘(VI) Labor relations. tained in the exercise of its duties. ‘‘(B) $18,000,000 to improve the efficiency of At least one of such members should have a ‘‘(4) SPECIFIC RESPONSIBILITIES.—The Com- the air traffic control system; background in managing large organizations mittee shall have the following specific respon- ‘‘(C) $27,000,000 to reduce the environmental successfully. In the aggregate, such members sibilities: impact of aviation; should collectively bring to bear expertise in all ‘‘(A) STRATEGIC PLANS.—To review, approve, ‘‘(D) $16,000,000 to improve the efficiency of of the areas described in subclauses (I) through and monitor the strategic plan for the air traffic mission support; and (VI). control system, including the establishment of— ‘‘(E) $28,000,000 to improve the durability and ‘‘(D) PROHIBITIONS ON MEMBERS OF COM- ‘‘(i) a mission and objectives; maintainability of advanced material structures MITTEE.—No member appointed under subpara- ‘‘(ii) standards of performance relative to such in transport airframe structures; graph (A)(ii) may— mission and objectives, including safety, effi- ‘‘(10) for fiscal year 2005, $304,000,000, includ- ‘‘(i) have a pecuniary interest in, or own stock ciency, and productivity; and ing— in or bonds of, an aviation or aeronautical en- ‘‘(iii) annual and long-range strategic plans.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.022 S13PT1 S7886 CONGRESSIONAL RECORD — SENATE June 13, 2003

‘‘(B) MODERNIZATION AND IMPROVEMENT.—To (p) apply to the Committee to the same extent as portation, the Committee on Transportation and review and approve— they apply to the Management Advisory Coun- Infrastructure of the House of Representatives, ‘‘(i) methods to accelerate air traffic control cil: and the Committee on Commerce, Science, and modernization and improvements in aviation ‘‘(i) Paragraph (4)(C) (relating to access to Transportation of the Senate,’’; safety related to air traffic control; and documents and staff). (2) by striking ‘‘develop a strategic plan of the ‘‘(ii) procurements of air traffic control equip- ‘‘(ii) Paragraph (5) (relating to nonapplica- Administration for the air traffic control system, ment in excess of $100,000,000. tion of Federal Advisory Committee Act). including the establishment of—’’ in paragraph ‘‘(C) OPERATIONAL PLANS.—To review the ‘‘(iii) Paragraph (6)(G) (relating to travel and (5)(A) and inserting ‘‘implement the strategic operational functions of the air traffic control per diem). plan of the Administration for the air traffic system, including— ‘‘(iv) Paragraph (6)(H) (relating to detail of control system in order to further—’’; ‘‘(i) plans for modernization of the air traffic personnel). (3) by striking ‘‘To review the operational control system; ‘‘(8) ANNUAL REPORT.—The Committee shall functions of the Administration,’’ in paragraph ‘‘(ii) plans for increasing productivity or im- each year report with respect to the conduct of (5)(B) and inserting ‘‘To oversee the day-to-day plementing cost-saving measures; and its responsibilities under this title to the Admin- operational functions of the Administration for ‘‘(iii) plans for training and education. istrator, the Management Advisory Council, the air traffic control,’’; ‘‘(D) MANAGEMENT.—To— Committee on Transportation and Infrastruc- (4) by striking ‘‘system prepared by the Ad- ‘‘(i) review and approve the Administrator’s ture of the House of Representatives, and the ministrator;’’ in paragraph (5)(C)(i) and insert- appointment of a Chief Operating Officer under Committee on Commerce, Science, and Transpor- ing ‘‘system;’’; section 106(s); tation of the Senate.’’. (5) by striking ‘‘Administrator and the Sec- ‘‘(ii) review the Administrator’s selection, (b) CONFORMING AMENDMENTS.— retary of Transportation;’’ in paragraph evaluation, and compensation of senior execu- (1) Subsection (p) of section 106 is amended— (5)(C)(ii) and inserting ‘‘Administrator;’’; and tives of the Administration who have program (A) by striking ‘‘18’’ in paragraph (2) and in- (6) by striking paragraph (5)(C)(iii) and in- management responsibility over significant serting ‘‘13’’; serting the following: functions of the air traffic control system; (B) by inserting ‘‘and’’ after the semicolon in ‘‘(iii) ensure that the budget request supports ‘‘(iii) review and approve the Administrator’s subparagraph (C) of paragraph (2); the agency’s annual and long-range strategic plans for any major reorganization of the Ad- (C) by striking ‘‘Transportation; and’’ in sub- plans for air traffic control services.’’. ministration that would impact on the manage- paragraph (D) of paragraph (2) and inserting SEC. 108. WHISTLE-BLOWER PROTECTION UNDER ment of the air traffic control system; ‘‘Transportation.’’; ACQUISITION MANAGEMENT SYS- ‘‘(iv) review and approve the Administrator’s (D) by striking subparagraph (E) of para- TEM. cost accounting and financial management graph (2); Section 40110(d)(2)(C) is amended by striking structure and technologies to help ensure effi- (E) by striking paragraph (3) and inserting ‘‘355).’’ and inserting ‘‘355), except for section cient and cost-effective air traffic control oper- the following: 315 (41 U.S.C. 265). For the purpose of applying ation; and ‘‘(3) NO FEDERAL OFFICER OR EMPLOYEE.—No section 315 of that Act to the system, the term ‘‘(v) review the performance and compensa- member appointed under paragraph (2)(C) may ‘executive agency’ is deemed to refer to the Fed- tion of managers responsible for major acquisi- serve as an officer or employee of the United eral Aviation Administration.’’. tion projects, including the ability of the man- States Government while serving as a member of TITLE II—AIRPORT DEVELOPMENT the Council.’’; agers to meet schedule and budget targets. SEC. 201. NATIONAL CAPACITY PROJECTS. ‘‘(E) BUDGET.—To— (F) by striking subparagraphs (C), (D), (H), and (I) of paragraph (6) and redesignating sub- (a) IN GENERAL.—Part B of subtitle VII is ‘‘(i) review and approve the budget request of amended by adding at the end the following: the Administration related to the air traffic con- paragraphs (E), (F), (G), (J), (K), and (L) as trol system prepared by the Administrator; subparagraphs (C), (D), (E), (F), (G), and (H), ‘‘CHAPTER 477. NATIONAL CAPACITY ‘‘(ii) submit such budget request to the Sec- respectively; and PROJECTS retary; and (G) by striking paragraphs (7) and (8). ‘‘47701. Capacity enhancement. ‘‘(iii) ensure that the budget request supports (2) Section 106(s) (as redesignated by sub- ‘‘47702. Designation of national capacity the annual and long-range strategic plans. section (a) of this section) is amended— projects. ‘‘(5) CONGRESSIONAL REVIEW OF PRE-OMB (A) by striking ‘‘Air Traffic Services Sub- ‘‘47703. Expedited coordinated environmental BUDGET REQUEST.—The Secretary shall submit committee of the Aviation Management Advisory review process; project coordina- the budget request referred to in paragraph Council.’’ and inserting ‘‘Air Traffic Services tors and environment impact (4)(E)(ii) for any fiscal year to the President Committee.’’ in paragraphs (1)(A) and (2)(A); teams. who shall transmit such request, without revi- and ‘‘47704. Compatible land use initiative for na- sion, to the Committees on Transportation and (B) by striking ‘‘Air Traffic Services Sub- tional capacity projects. Infrastructure and Appropriations of the House committee of the Aviation Management Advisory ‘‘47705. Air traffic procedures at national ca- of Representatives and the Committees on Com- Council,’’ and inserting ‘‘Air Traffic Services pacity projects. merce, Science, and Transportation and Appro- Committee,’’ in paragraph (3). ‘‘47706. Pilot program for environmental review priations of the Senate, together with the Presi- (3) Section 106 is amended by adding at the at national capacity projects. dent’s annual budget request for the Federal end the following: ‘‘47707. Definitions. ‘‘(t) AIR TRAFFIC CONTROL SYSTEM DE- Aviation Administration for such fiscal year. ‘‘§ 47701. Capacity enhancement FINED ‘‘(6) COMMITTEE PERSONNEL MATTERS.— .—In this section, the term ‘air traffic con- ‘‘(a) IN GENERAL.—Within 30 days after the ‘‘(A) COMPENSATION OF MEMBERS.—Each trol system’ has the meaning such term has date of enactment of the Aviation Investment member of the Committee, other than the chair, under section 40102(a).’’. and Revitalization Vision Act, the Secretary of shall be compensated at a rate of $25,000 per (c) TRANSITION FROM AIR TRAFFIC SERVICE Transportation shall identify those airports year. SUBCOMMITTEE TO AIR TRAFFIC SERVICE COM- among the 31 airports covered by the Federal ‘‘(B) STAFF.—The chair of the Committee may MITTEE.— Aviation Administration’s Airport Capacity (1) TERMINATION OF MANAGEMENT ADVISORY appoint and terminate any personnel that may Benchmark Report 2001 with delays that signifi- COUNCIL MEMBERSHIP.—Effective on the day be necessary to enable the Committee to perform cantly affect the national air transportation after the date of enactment of this Act, any its duties. system. member of the Management Advisory Council ‘‘(C) PROCUREMENT OF TEMPORARY AND INTER- ‘‘(b) TASK FORCE; CAPACITY ENHANCEMENT appointed under section 106(p)(2)(E) of title 49, MITTENT SERVICES.—The chair of the Committee STUDY.— may procure temporary and intermittent services United States Code, (as such section was in ef- ‘‘(1) IN GENERAL.—The Secretary shall direct under section 3109(b) of title 5, United States fect on the day before such date of enactment) any airport identified by the Secretary under Code. who is a member of the Council on such date of subsection (a) that is not engaged in a runway ‘‘(7) ADMINISTRATIVE MATTERS.— enactment shall cease to be a member of the expansion process and has not initiated a ca- ‘‘(A) POWERS OF CHAIR.—Except as otherwise Council. pacity enhancement study (or similar capacity provided by a majority vote of the Committee, (2) COMMENCEMENT OF MEMBERSHIP ON AIR assessment) since 1996— the powers of the chair shall include— TRAFFIC SERVICES COMMITTEE.—Effective on the ‘‘(A) to establish a delay reduction task force ‘‘(i) establishing subcommittees; day after the date of enactment of this Act, any to study means of increasing capacity at the air- ‘‘(ii) setting meeting places and times; member of the Management Advisory Council port, including air traffic, airline scheduling, ‘‘(iii) establishing meeting agendas; and whose membership is terminated by paragraph and airfield expansion alternatives; or ‘‘(iv) developing rules for the conduct of busi- (1) shall become a member of the Air Traffic ‘‘(B) to conduct a capacity enhancement ness. Services Committee as provided by section study. ‘‘(B) MEETINGS.—The Committee shall meet at 106(q)(2)(G) of title 49, United States Code, to ‘‘(2) SCOPE.—The scope of the study shall be least quarterly and at such other times as the serve for the remainder of the term to which determined by the airport and the Federal Avia- chair determines appropriate. that member was appointed to the Council. tion Administration, and where appropriate ‘‘(C) QUORUM.—Three members of the Com- SEC. 107. CLARIFICATION OF RESPONSIBILITIES shall consider regional capacity solutions. mittee shall constitute a quorum. A majority of OF CHIEF OPERATING OFFICER. ‘‘(3) RECOMMENDATIONS SUBMITTED TO SEC- members present and voting shall be required for Section 106(s) (as redesignated by section RETARY.— the Committee to take action. 106(a)(1) of this Act) is amended— ‘‘(A) TASK FORCE.—A task force established ‘‘(D) APPLICATION OF SUBSECTION (p) PROVI- (1) by striking ‘‘Transportation and Con- under this subsection shall submit a report con- SIONS.—The following provisions of subsection gress’’ in paragraph (4) and inserting ‘‘Trans- taining its findings and conclusions, together

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.022 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7887 with any recommendations for capacity en- concerned with the preparation of environ- awarded under this section to provide such ad- hancement at the airport, to the Secretary with- mental impact statements or environmental as- ditional assurances, progress reports, and other in 9 months after the task force is established. sessments under the National Environmental information as the Secretary determines to be ‘‘(B) CES.—A capacity enhancement study Policy Act of 1969 (42 U.S.C. 4321 et seq.); necessary to carry out this section. conducted under this subsection shall be sub- ‘‘(2) provides for an expedited and coordi- ‘‘§ 47705. Air traffic procedures at national mitted, together with its findings and conclu- nated process in the conduct of environmental capacity projects sions, to the Secretary as soon as the study is reviews that ensures that, where appropriate, ‘‘(a) IN GENERAL.—The Secretary of Transpor- completed. the reviews are done concurrently and not con- tation may consider prescribing flight proce- ‘‘(c) RUNWAY EXPANSION AND RECONFIGURA- secutively; and dures to avoid or minimize potentially signifi- TION.—If the report or study submitted under ‘‘(3) provides for a date certain for completing cant adverse noise impacts of the project during subsection (b)(3) includes a recommendation for all environmental reviews. the environmental planning process for a na- the construction or reconfiguration of runways ‘‘(b) HIGH PRIORITY FOR AIRPORT ENVIRON- tional capacity project that involves the con- at the airport, then the Secretary and the air- MENTAL REVIEWS.—Each department and agen- struction of new runways or the reconfiguration port shall complete the planning and environ- cy of the United States Government with juris- of existing runways. If the Secretary determines mental review process within 5 years after re- diction over environmental reviews shall accord that noise mitigation flight procedures are con- port or study is submitted to the Secretary. The any such review involving a national capacity sistent with safe and efficient use of the navi- Secretary may extend the 5-year deadline under project the highest possible priority and conduct gable airspace, then, at the request of the air- this subsection for up to 1 year if the Secretary the review expeditiously. If the Secretary finds port sponsor, the Administrator may, in a man- determines that such an extension is necessary that any such department or agency is not com- ner consistent with applicable Federal law, com- and in the public interest. The Secretary shall plying with the requirements of this subsection, mit to prescribing such procedures in any record notify the Senate Committee on Commerce, the Secretary shall notify the Senate Committee of decision approving the project. Science, and Transportation, and to the House on Commerce, Science, and Transportation, and ‘‘(b) MODIFICATION.—Notwithstanding any of Representatives Committee on Transportation to the House of Representatives Committee on commitment by the Secretary under subsection and Infrastructure of any such extension. Transportation and Infrastructure immediately. (a), the Secretary may initiate changes to such ‘‘(d) AIRPORTS THAT DECLINE TO UNDERTAKE ROJECT COORDINATORS; EIS TEAMS.— ‘‘(c) P procedures if necessary to maintain safety and EXPANSION PROJECTS.— ‘‘(1) DESIGNATION.—For each project des- efficiency in light of new information or ‘‘(1) IN GENERAL.—If an airport at which the ignated by the Secretary as a national capacity changed circumstances. construction or reconfiguration of runways is project under subsection (a) for which an envi- recommended does not take action to initiate a ronmental impact statement or environmental ‘‘§ 47706. Pilot program for environmental re- planning and environmental assessment process assessment must be filed, the Secretary shall— view at national capacity projects for the construction or reconfiguration of those ‘‘(A) designate a project coordinator within ‘‘(a) IN GENERAL.—The Secretary of Transpor- runways within 30 days after the date on which the Department of Transportation; and tation shall initiate a 5-year pilot program fund- the report or study is submitted to the Secretary, ‘‘(B) establish an environmental impact team ed by airport sponsors— then— within the Department. ‘‘(1) to hire additional fulltime-equivalent en- ‘‘(A) the airport shall be ineligible for plan- ‘‘(2) FUNCTION.—The project coordinator and vironmental specialists and attorneys, or ning and other expansion funds under sub- the environmental impact team shall— ‘‘(2) to obtain the services of such specialists chapter I of chapter 471, notwithstanding any ‘‘(A) coordinate the activities of all Federal, and attorneys from outside the United States provision of that subchapter to the contrary; State, and local agencies involved in the project; Government, to assist in the provision of an ap- and ‘‘(B) to the extent possible, working with Fed- propriate nationwide level of staffing for plan- ‘‘(B) no passenger facility fee may be ap- eral, State and local officials, reduce and elimi- ning and environmental review of runway de- proved at that airport during the 5-year period nate duplicative and overlapping Federal, State, velopment projects for national capacity projects beginning 30 days after the date on which the and local permit requirements; at the Federal Aviation Administration. report or study is submitted to the Secretary, ‘‘(C) to the extent possible, eliminate duplicate ‘‘(b) ELIGIBLE PARTICIPANTS.—Participation for— Federal, State, and local environmental review in the pilot program shall be available, on a vol- ‘‘(i) projects that, but for subparagraph (A), procedures; and untary basis, to airports with an annual pas- could have been funded under chapter 471; or ‘‘(D) provide direction for compliance with all senger enplanement of not less than 3 million ‘‘(ii) any project other than on-airport air- applicable Federal, State, and local environ- passengers. The Secretary shall specify the min- field-side capacity or safety-related projects. mental requirements for the project. imum contribution necessary to qualify for par- ‘‘(2) SAFETY-RELATED AND ENVIRONMENTAL ‘‘§ 47704. Compatible land use initiative for ticipation in the pilot program, which shall be PROJECTS EXCEPTED.—Paragraph (1) does not national capacity projects not less than the amount necessary to com- apply to the use of funds for safety-related, se- pensate the Department of Transportation for curity, or environment projects. ‘‘(a) IN GENERAL.—The Secretary of Transpor- the expense of a fulltime equivalent environ- ‘‘(e) AIRPORTS THAT TAKE ACTION.—The Sec- tation may make grants under chapter 471 to mental specialist and attorney qualified at the retary shall take all actions possible to expedite States and units of local government for land GS-14 equivalent level. funding and provide options for funding to any use compatibility plans directly related to na- ‘‘(c) RETENTION OF REVENUES.—The salaries airport undertaking runway construction or re- tional capacity projects for the purposes of mak- and expenses account of the Federal Aviation configuration projects in response to rec- ing the use of land areas around the airport Administration shall retain as an offsetting col- ommendations by its task force. compatible with aircraft operations if the land lection such sums as may be necessary from ‘‘§ 47702. Designation of national capacity use plan or project meets the requirements of such proceeds for the costs of developing and projects this section. implementing the program required by sub- ‘‘(b) CONDITIONS.—A land use plan or project section (a). Such offsetting collections shall be ‘‘(a) IN GENERAL.—In response to a petition meets the requirements of this section if it— from an airport sponsor, or in the case of an air- available for obligation subject to the terms and ‘‘(1) is sponsored by the public agency that conditions of the receiving appropriations ac- port on the list of airports covered by the Fed- has the authority to plan and adopt land use eral Aviation Administration’s Airport Capacity count, and shall be deposited in such accounts control measures, including zoning, in the plan- on a quarterly basis. Such offsetting collections Benchmarks study, the Secretary of Transpor- ning area in and around the airport and that tation may designate an airport development are authorized to remain available until ex- agency provides written assurances to the Sec- pended for such purpose. project as a national capacity project if the Sec- retary that it will work with the affected airport retary determines that the project to be des- to identify and adopt such measures; ‘‘§ 47707. Definitions ignated will significantly enhance the capacity ‘‘(2) does not duplicate, and is not incon- ‘‘In this chapter: of the national air transportation system. sistent with, an airport noise compatibility pro- ‘‘(1) NATIONAL CAPACITY PROJECT.—The term ‘‘(b) DESIGNATION TO REMAIN IN EFFECT FOR gram prepared by an airport owner or operator ‘national capacity project’ means a project des- 5 YEARS.—The designation of a project as a na- under chapter 475 or with other planning car- ignated by the Secretary under section 44702. tional capacity project under paragraph (1) ried out by the airport; ‘‘(2) OTHER TERMS.—The definitions in section shall remain in effect for 5 years. The Secretary ‘‘(3) is subject to an agreement between the 47102 apply to any terms used in this chapter may extend the 5-year period for up to 2 addi- public agency sponsor and the airport owner or that are defined in that section.’’. tional years upon request if the Secretary finds operator that the development of the land use (b) ADDITIONAL STAFF AUTHORIZED.—The Sec- that substantial progress is being made toward compatibility plan will be done cooperatively; retary of Transportation is authorized to hire completion of the project. ‘‘(4) is consistent with the airport operation additional environmental specialists and attor- ‘‘§ 47703. Expedited coordinated environ- and planning, including the use of any noise ex- neys needed to process environmental impact mental review process; project coordinators posure contours on which the land use compat- statements in connection with airport construc- and environment impact teams ibility planning or project is based; and tion projects and to serve as project coordinators ‘‘(a) IN GENERAL.—The Secretary of Transpor- ‘‘(5) has been approved jointly by the airport and environmental impact team members under tation shall implement an expedited coordinated owner or operator and the public agency spon- section 47703 of title 49, United States Code. environmental review process for national ca- sor. (c) CLERICAL AMENDMENT.—The analysis for pacity projects that— ‘‘(c) ASSURANCES FROM SPONSORS.—The Sec- subtitle VII is amended by inserting after the ‘‘(1) provides for better coordination among retary may require the airport sponsor, public item relating to section 475 the following: the Federal, regional, State, and local agencies agency, or other entity to which a grant may be ‘‘477. National capacity projects ...... 47701’’.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.022 S13PT1 S7888 CONGRESSIONAL RECORD — SENATE June 13, 2003 SEC. 202. CATEGORICAL EXCLUSIONS. projects approved in an environmental record of SEC. 207. SPECIAL RULE FOR AIRPORT IN ILLI- Not later than 30 days after the date of enact- decision for an airport development project des- NOIS. ment of this Act, the Secretary of Transpor- ignated as a national capacity project under (a) IN GENERAL.—Nothing in this title shall be tation shall report to the Senate Committee on section 47702.’’; and construed to preclude the application of any Commerce, Science, and Transportation on the (2) by striking ‘‘or not such 34 percent require- provision of this Act to the State of Illinois or categorical exclusions currently recognized and ment’’ in the second sentence and inserting ‘‘the any other sponsor of a new airport proposed to provide a list of proposed additional categorical funding level required by the preceding sen- be constructed in the State of Illinois. exclusions from the requirement that an envi- tence’’. (b) AUTHORITY OF THE GOVERNOR.—Nothing ronmental assessment or an environmental im- in this title shall be construed to preempt the SEC. 205. SECRETARY OF TRANSPORTATION TO authority of the Governor of the State of Illinois pact statement be prepared under the National IDENTIFY AIRPORT CONGESTION-RE- as of August 1, 2001, to approve or disapprove Environmental Policy Act of 1969 (42 U.S.C. 4321 LIEF PROJECTS. airport development projects. et seq.) for projects at airports. In determining (a) IN GENERAL.—Within 90 days after the the list of additional proposed categorical exclu- date of enactment of this Act, the Secretary of SEC. 208. ELIMINATION OF DUPLICATIVE RE- QUIREMENTS. sions, the Secretary shall include such other Transportation shall provide to the Senate Com- (a) IN GENERAL.—Section 47106(c)(1) is amend- projects as the Secretary determines should be mittee on Commerce, Science, and Transpor- ed— categorically excluded in order to ensure that tation, and to the House of Representatives (1) by inserting ‘‘and’’ after ‘‘project;’’ in sub- Department of Transportation environmental Committee on Transportation and Infrastruc- paragraph (A)(ii); staff resources are not diverted to lower priority ture— (2) by striking subparagraph (B); and tasks and are available to expedite the environ- (1) a list of planned air traffic and airport-ca- (3) by redesignating subparagraph (C) as sub- mental reviews of airport capacity enhancement pacity projects at congested airport capacity paragraph (B). projects at congested airports. benchmark airports the completion of which will (b) CONFORMING AMENDMENTS.—Section SEC. 203. ALTERNATIVES ANALYSIS. substantially relieve congestion at those air- 47106(c) of such title is amended— (a) NOTICE REQUIREMENT.—Not later than 30 ports; and (1) by striking paragraph (4); days after the date on which the Secretary of (2) a list of options for expanding capacity at (2) by redesignating paragraph (5) as para- graph (4); and Transportation identifies an airport capacity the 8 airports on the list at which the most se- (3) by striking ‘‘(1)(C)’’ in paragraph (4), as enhancement project at a congested airport vere delays are occurring. redesignated, and inserting ‘‘(1)(B)’’. under section 47171(c) of title 49, United States (b) 2-YEAR UPDATE.—The Secretary shall pro- SEC. 209. STREAMLINING THE PASSENGER FACIL- Code, the Secretary shall publish a notice in the vide updated lists under subsection (a) to the Committees 2 years after the date of enactment ITY FEE PROGRAM. Federal Register requesting comments on wheth- Section 40117 is amended— er reasonable alternatives exist to the project. of this Act. (1) by striking from ‘‘finds—’’ in paragraph (b) CERTAIN REASONABLE ALTERNATIVES DE- (c) DELISTING OF PROJECTS.—The Secretary (4) of subsection (b) through the end of that FINED.—For purposes of this section, an alter- shall remove a project from the list provided to paragraph and inserting ‘‘finds that the project native shall be considered reasonable if— the Committees under this section upon the re- cannot be paid for from funds reasonably ex- (1) the alternative does not create an unrea- quest, in writing, of an airport operator if the pected to be available for the programs referred sonable burden on interstate commerce, the na- operator states in the request that construction to in section 48103.’’; tional aviation system, or the navigable air- of the project will not be completed within 10 (2) by adding at the end of subsection (c)(2) space; years from the date of the request. the following: (2) the alternative is not inconsistent with SEC. 206. DESIGN-BUILD CONTRACTING. ‘‘(E) The agency will include in its applica- maintaining the safe and efficient use of the (a) IN GENERAL.—Subchapter I of chapter 471 tion or notice submitted under subsection (1) navigable airspace; is amended by adding at the end the following: copies of all certifications of agreement or dis- (3) the alternative does not conflict with a law ‘‘§ 47138. Design-build contracting agreement received under subparagraph (D). or regulation of the United States; ‘‘(F) For the purpose of this section, an eligi- (4) the alternative would result in at least the ‘‘(a) IN GENERAL.—The Administrator may ap- ble agency providing notice and consultation to same reduction in congestion at the airport or in prove an application of an airport sponsor an air carrier and foreign air carrier is deemed the national aviation system as the proposed under this section to authorize the airport spon- to have satisfied this requirement if it limits project; and sor to award a design-build contract using a se- such notices and consultations to air carriers (5) in any case in which the alternative is a lection process permitted under applicable State and foreign air carriers that have a significant proposed construction project at an airport or local law if— business interest on the airport. In developing other than a congested airport, firm commit- ‘‘(1) the Administrator approves the applica- regulations to implement this provision, the Sec- ments to provide such alternate airport capacity tion using criteria established by the Adminis- retary shall consider a significant business in- exists, and the Secretary determines that such trator; terest to be defined as an air carrier or foreign alternate airport capacity will be available no ‘‘(2) the design-build contract is in a form that air carrier that has no less than 1.0 percent of later than 4 years after the date of the Sec- is approved by the Administrator; boardings at the airport in the prior calendar retary’s determination under this section. ‘‘(3) the Administrator is satisfied that the year, except that no air carrier or foreign air (c) COMMENT PERIOD.—The Secretary shall contract will be executed pursuant to competi- carrier may be considered excluded under this provide a period of 60 days for comments on a tive procedures and contains a schematic design section if it has at least 25,000 boardings at the project identified by the Secretary under this adequate for the Administrator to approve the airport in the prior calendar year, or if it oper- section after the date of publication of notice grant; ates scheduled service, without regard to such with respect to the project. ‘‘(4) use of a design-build contract will be cost percentage requirements.’’; (d) DETERMINATION OF EXISTENCE OF REASON- effective and expedite the project; (3) by redesignating paragraph (3) of sub- ABLE ALTERNATIVES.—Not later than 90 days ‘‘(5) the Administrator is satisfied that there section (c) as paragraph (4) and inserting after after the last day of a comment period estab- will be no conflict of interest; and paragraph (2) the following: lished under subsection (c) for a project, the ‘‘(6) the Administrator is satisfied that the se- ‘‘(3) Before submitting an application, the eli- Secretary shall determine whether reasonable lection process will be as open, fair, and objec- gible agency must provide reasonable notice and alternatives exist to the project. The determina- tive as the competitive bid system and that at an opportunity for public comment. The Sec- tion shall be binding on all persons, including least three or more bids will be submitted for retary shall prescribe regulations that define Federal and State agencies, acting under or ap- each project under the selection process. reasonable notice and provide for at least— plying Federal laws when considering the avail- ‘‘(b) REIMBURSEMENT OF COSTS.—The Admin- ‘‘(A) a requirement that the eligible agency ability of alternatives to the project. istrator may reimburse an airport sponsor for provide public notice of intent to collect a pas- senger facility fee so as to inform those inter- (e) LIMITATION ON APPLICABILITY.—This sec- design and construction costs incurred before a tion does not apply to— grant is made pursuant to this section if the ested persons and agencies who may be affected, (1) any alternatives analysis required under project is approved by the Administrator in ad- including— ‘‘(i) publication in local newspapers of general the National Environmental Policy Act of 1969 vance and is carried out in accordance with all circulation; (42 U.S.C. 4321 et seq.); or administrative and statutory requirements that would have been applicable under this chapter ‘‘(ii) publication in other local media; and (2) a project at an airport if the airport spon- ‘‘(iii) posting the notice on the agency’s sor requests, in writing, to the Secretary that 471, if the project were carried out after a grant agreement had been executed. website; this section not apply to the project. ‘‘(B) a requirement for submission of public ‘‘(c) DESIGN-BUILD CONTRACT DEFINED.—In SEC. 204. INCREASE IN APPORTIONMENT FOR, comments no sooner than 30 days after pub- this section, the term ‘design-build contract’ AND FLEXIBILITY OF, NOISE COM- lishing of the notice and not later than 45 days means an agreement that provides for both de- PATIBILITY PLANNING PROGRAMS. after publication; and Section 47117(e)(1)(A) is amended— sign and construction of a project by a con- ‘‘(C) a requirement that the agency include in (1) by striking the first sentence and inserting: tractor.’’. its application or notice submitted under para- ‘‘At least 35 percent for grants for airport noise (b) CONFORMING AMENDMENT.—The chapter graph (1) copies of all comments received under compatibility planning under section 47505(a)(2) analysis for chapter 471 is amended by inserting subparagraph (B).’’; for a national capacity project, for carrying out after the item relating to section 47137 the fol- (4) by striking ‘‘shall’’ in the first sentence of noise compatibility programs under section lowing: paragraph (4), as redesignated, of subsection (c) 47504(c) of this title, and for noise mitigation ‘‘47138. Design-build contracting.’’. and inserting ‘‘may’’; and

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.022 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7889 (5) by adding at the end the following: sure map prepared under section 47503 of title (7) by striking ‘‘pilot’’ in subsection (b)(3)(A); ‘‘(l) PILOT PROGRAM FOR PASSENGER FACILITY 49, United States Code. (8) by striking ‘‘pilot’’ in subsection (b)(3)(D); FEE AUTHORIZATIONS AT SMALL AIRPORTS.— SEC. 212. PROHIBITION ON REQUIRING AIRPORTS (9) by striking ‘‘$6,000,000 per fiscal year’’ in ‘‘(1) There is established a pilot program for TO PROVIDE RENT-FREE SPACE FOR subsection (b)(3)(E) and inserting ‘‘$6,500,000 for the Secretary to test alternative procedures for FAA OR TSA. fiscal 2004, $7,000,000 for fiscal year 2005, and authorizing small airports to impose passenger (a) IN GENERAL.—Chapter 401 is amended by $7,500,000 for fiscal year 2006’’; and facility fees. An eligible agency may impose a adding at the end the following: (10) by striking ‘‘$1,100,000.’’ in subsection passenger facility fee at a nonhub airport (as ‘‘§ 40129. Prohibition on rent-free space re- (b)(4)(C) and inserting ‘‘$1,500,000.’’. defined in section 41762(11) of this title) that it quirements for FAA or TSA SEC. 215. PUBLIC AGENCIES. controls for use on eligible airport-related ‘‘(a) IN GENERAL.—Neither the Secretary of Section 47102(15) is amended— projects at that airport, in accordance with the Transportation nor the Secretary of Homeland (1) by striking ‘‘or’’ after the semicolon in sub- provisions of this subsection. These procedures Security may require airport sponsors to provide paragraph (B); (2) by redesignating subparagraph (C) as sub- shall be in lieu of the procedures otherwise spec- building construction, maintenance, utilities paragraph (D); and ified in this section. and expenses, or space in airport sponsor-owned (3) by inserting after subparagraph (B) the ‘‘(2) The eligible agency must provide reason- buildings to the Federal Aviation Administra- following: able notice and an opportunity for consultation tion or the Transportation Security Administra- to air carriers and foreign air carriers in accord- ‘‘(C) the Department of the Interior with re- tion without cost for services relating to air traf- spect to an airport owned by the Department ance with subsection (c)(2), and must provide fic control, air navigation, aviation security, or reasonable notice and opportunity for public that is required to be maintained for commercial weather reporting. aviation safety at a remote location; or’’. comment in accordance with subsection (c)(3). ‘‘(b) NEGOTIATED AGREEMENTS.—Subsection ‘‘(3) The eligible agency must submit to the (a) does not prohibit— SEC. 216. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS. Secretary a notice of intention to impose a pas- ‘‘(1) the negotiation of agreements between ei- (a) IN GENERAL.—Section 47117(c)(2) is amend- senger facility fee, which notice shall include— ther Secretary and an airport sponsor to provide ed to read as follows: ‘‘(A) information that the Secretary may re- building construction, maintenance, utilities ‘‘(2) WAIVER.—A sponsor of an airport may quire by regulation on each project for which and expenses, or space in airport sponsor-owned make an agreement with the Secretary of Trans- authority to impose a passenger facility charge buildings to the Federal Aviation Administra- portation waiving the sponsor’s claim to any is sought; tion or the Transportation Security Administra- ‘‘(B) the amount of revenue from passenger part of the amount apportioned for the airport tion without cost or at below-market rates; or under sections 47114(c) and 47114(d)(2)(A) of this facility charges that is proposed to be collected ‘‘(2) either Secretary from requiring airport title if the Secretary agrees to make the waived for each project; and sponsors to provide land without cost to the amount available for a grant for another public- ‘‘(C) the level of the passenger facility charge Federal Aviation Administration for air traffic use airport in the same State or geographical that is proposed. control facilities or space without cost to the area as the airport, as determined by the Sec- ‘‘(4) The Secretary shall acknowledge receipt Transportation Security Administration for nec- retary.’’. of the notice and indicate any objection to the essary security checkpoints.’’. (b) CONFORMING AMENDMENTS.— imposition of a passenger facility fee for any (b) CONFORMING AMENDMENT.—The chapter (1) Section 47108(a) is amended by inserting project identified in the notice within 30 days analysis for chapter 401 is amended by adding ‘‘or section 47114(d)(2)(A)’’ after ‘‘under section after receipt of the eligible agency’s notice. at the end the following: 47114(c)’’. ‘‘(5) Unless the Secretary objects within 30 ‘‘40129. Prohibition on rent-free space require- (2) Section 47110 is amended— days after receipt of the eligible agency’s notice, ments for FAA or TSA.’’. (A) by inserting ‘‘or section 47114(d)(2)(A)’’ in the eligible agency is authorized to impose a SEC. 213. SPECIAL RULES FOR FISCAL YEAR 2004. subsection (b)(2)(C) after ‘‘of section 47114(c)’’; passenger facility fee in accordance with the (a) APPORTIONMENT TO CERTAIN AIRPORTS (B) by inserting ‘‘or section 47114(d)(2)(A)’’ in terms of its notice. WITH DECLINING BOARDINGS.— subsection (g) after ‘‘of section 47114(c)’’; ‘‘(6) Not later than 180 days after the date of (1) IN GENERAL.—For fiscal year 2004, the Sec- (C) by striking ‘‘of project.’’ in subsection (g) enactment of this subsection, the Secretary shall retary of Transportation may apportion funds and inserting ‘‘of the project.’’; and propose such regulations as may be necessary to under section 47114 of title 49, United States (D) by adding at the end the following: carry out this subsection. Code, to the sponsor of an airport described in ‘‘(h) NONPRIMARY AIRPORTS.—The Secretary ‘‘(7) The authority granted under this sub- paragraph (2) in an amount equal to the may decide that the costs of revenue producing section shall expire three years after the amount apportioned to that airport under that aeronautical support facilities, including fuel issuance of the regulation required by para- section for fiscal year 2002, notwithstanding any farms and hangars, are allowable for an airport graph (6). provision of section 47114 to the contrary. development project at a nonprimary airport ‘‘(8) An acknowledgement issued under para- (2) AIRPORTS TO WHICH PARAGRAPH (1) AP- and for which the Government’s share is paid graph (4) shall not be considered an order of the PLIES.—Paragraph (1) applies to any airport de- only with funds apportioned to a sponsor under Secretary issued under section 46110 of this termined by the Secretary to have had— section 47114(d)(3)(A), if the Secretary deter- title.’’. (A) less than 0.05 percent of the total United mines that the sponsor has made adequate pro- SEC. 210. QUARTERLY STATUS REPORTS. States passenger boardings (as defined in sec- vision for financing airside needs of the air- Beginning with the second calendar quarter tion 47102(10) of title 49, United States Code) for port.’’. ending after the date of enactment of this Act, the calendar year used for determining appor- (3) Section 47119(b) is amended by— the Secretary of Transportation shall provide tionments under section 47114 for fiscal year (A) striking ‘‘or’’ after the semicolon in para- quarterly status reports to the Senate Committee 2004; graph (3); on Commerce, Science, and Transportation and (B) less than 10,000 passenger boardings in (B) striking ‘‘1970.’’ in paragraph (4) and in- the House of Representatives Committee on calendar year 2002; and serting ‘‘1970; or’’; and Transportation and Infrastructure on the status (C) 10,000 or more passenger boardings in cal- (C) adding at the end the following: ‘‘(5) to a sponsor of a nonprimary airport re- of construction of each major runway project endar year 2000. ferred to in subparagraph (A) or (B) paragraph undertaken at the largest 40 commercial airports (b) TEMPORARY INCREASE IN GOVERNMENT (2), any part of amounts apportioned to the in terms of annual enplanements. SHARE OF CERTAIN AIP PROJECT COSTS.—Not- withstanding section 47109(a) of title 49, United sponsor for the fiscal year under section SEC. 211. NOISE DISCLOSURE. States Code, the Government’s share of allow- 47114(d)(3)(A) of this title for project costs al- (a) NOISE DISCLOSURE SYSTEM IMPLEMENTA- able project costs for a grant made in fiscal year lowable under section 47110(d) of this title.’’. TION STUDY.—The Administrator of the Federal 2004 under chapter 471 of that title for a project (c) APPORTIONMENT FOR ALL-CARGO AIR- Aviation Administration shall conduct a study described in paragraph (2) or (3) of that section PORTS.—Section 47114(c)(2)(A) is amended by to determine the feasibility of developing a pro- shall be 95 percent. striking ‘‘3’’ and inserting ‘‘3.5’’. gram under which prospective home buyers of (d) CONSIDERATIONS FOR CARGO OPER- property located in the vicinity of an airport SEC. 214. AGREEMENTS FOR OPERATION OF AIR- PORT FACILITIES. ATIONS.—Section 47115(d) is amended— could be notified of information derived from Section 47124 is amended— (1) by striking ‘‘and’’ at the end of paragraph noise exposure maps that may affect the use and (1) by inserting ‘‘a qualified entity or’’ after (5); enjoyment of the property. The study shall as- ‘‘with’’ in subsection (a); (2) by striking the period at the end of para- sess the scope, administration, usefulness, and (2) by inserting ‘‘entity or ’’ after ‘‘allow the’’ graph (6) and inserting ‘‘; and’’; and burdensomeness of any such program, the costs in subsection (a); (3) by adding at the end the following new and benefits of such a program, and whether (3) by inserting ‘‘entity or’’ before ‘‘State’’ the paragraph: participation in such a program should be vol- last place it appears in subsection (a); ‘‘(7) the ability of the project to foster United untary or mandatory. (4) by striking ‘‘contract,’’ in subsection (b)(2) States competitiveness in securing global air (b) PUBLIC AVAILABILITY OF NOISE EXPOSURE and inserting ‘‘contract with a qualified entity, cargo activity at a United States airport.’’. MAPS.—The Federal Aviation Administration or’’; (e) TERMINAL DEVELOPMENT COSTS.—Section shall make copies or facsimiles of noise exposure (5) by striking ‘‘the State’’ each place it ap- 47119(a)(1)(C) is amended by striking ‘‘3 years’’ maps available to the public via the Internet on pears in subsection (b)(2) and inserting ‘‘the en- and inserting ‘‘1 year’’. its website in an appropriate format. tity or State’’; SEC. 217. SHARE OF AIRPORT PROJECT COSTS. (c) NOISE EXPOSURE MAP.—In this section, the (6) by striking ‘‘PILOT’’ in the caption of sub- (a) IN GENERAL.—Section 47109 of title 49, term ‘‘noise exposure map’’ means a noise expo- section (b)(3); United States Code, is amended by redesignating

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.022 S13PT1 S7890 CONGRESSIONAL RECORD — SENATE June 13, 2003 subsection (c) as subsection (d) and inserting tion that the transfer or disposal of that right is ‘‘(A) the Administrator of the Federal Avia- after subsection (b) the following: in the public interest. tion Administration determines that it is nec- ‘‘(c) GRANDFATHER RULE.— ‘‘(e) LIMITATION.—The Secretary may not essary to convene such a meeting; and ‘‘(1) IN GENERAL.—In the case of any project make a grant under the pilot program for the ‘‘(B) the Secretary determines that the meet- approved after September 30, 2001, at an airport purchase of development rights at more than 10 ing is necessary to meet a serious transportation that has less than .25 percent of the total num- airports’’. need or achieve an important public benefit. ber of passenger boardings at all commercial (b) CONFORMING AMENDMENT.—The chapter ‘‘(2) MEETING CONDITIONS.—Any meeting service airports, and that is located in a State analysis for chapter 471 is amended by inserting under paragraph (1)— containing unappropriated and unreserved pub- after the item relating to section 47140 the fol- ‘‘(A) shall be chaired by the Administrator; lic lands and nontaxable Indian lands (indi- lowing: ‘‘(B) shall be open to all scheduled air car- vidual and tribal) of more than 5 percent of the ‘‘47141. Pilot program for purchase of airport de- riers; and total area of all lands in the State, the Govern- velopment rights’’. ‘‘(C) shall be limited to discussions involving ment’s share of allowable costs of the project SEC. 219. GARY/CHICAGO AIRPORT FUNDING. the airports and time periods described in the shall be increased by the same ratio as the basic The Administrator of the Federal Aviation Administrator’s determination. share of allowable costs of a project divided into Administration shall, for purposes of chapter ‘‘(3) FLIGHT REDUCTION TARGETS.—Before any the increased (Public Lands States) share of al- 471 of title 49, United States Code, give priority such meeting is held, the Administrator shall es- lowable costs of a project as shown on docu- consideration to a letter of intent application for tablish flight reduction targets for the meeting ments of the Federal Aviation Administration funding submitted by the City of Gary, Indiana, and notify the attending air carriers of those dated August 3, 1979, at airports for which the or the State of Indiana, for the extension of the targets not less than 48 hours before the meet- general share was 80 percent on August 3, 1979. main runway at the Gary/Chicago Airport. The ing. ‘‘(4) DELAY REDUCTION OFFERS.—An air car- This subsection shall apply only if— letter of intent application shall be considered rier attending the meeting shall make any delay ‘‘(A) the State contained unappropriated and upon completion of the environmental impact reduction offer to the Administrator rather than unreserved public lands and nontaxable Indian statement and benefit cost analysis in accord- to another carrier. lands of more than 5 percent of the total area of ance with Federal Aviation Administration re- ‘‘(5) TRANSCRIPT.—The Administrator shall all lands in the State on August 3, 1979; and quirements. The Administrator shall consider ensure that a transcript of the meeting is kept ‘‘(B) the application under subsection (b), the letter of intent application not later than 90 and made available to the public not later than does not increase the Government’s share of al- days after receiving it from the applicant. lowable costs of the project 3 business days after the conclusion of the meet- SEC. 220. CIVIL PENALTY FOR CLOSURE OF AN ing. ‘‘(2) LIMITATION.—The Government’s share of AIRPORT WITHOUT PROVIDING SUF- allowable project costs determined under this FICIENT NOTICE. ‘‘(b) STORMY WEATHER AGREEMENTS LIMITED EXEMPTION.— subsection shall not exceed the lesser of 93.75 (a) IN GENERAL.—Chapter 463 is amended by ‘‘(1) IN GENERAL.—The Secretary may estab- percent or the highest percentage Government adding at the end the following: share applicable to any project in any State lish a program to authorize by order discussions ‘‘SEC. 46319. CLOSURE OF AN AIRPORT WITHOUT and agreements between 2 or more air carriers under subsection (b).’’. PROVIDING SUFFICIENT NOTICE. for the purpose of reducing flight delays during (b) CONFORMING AMENDMENT.—Subsection (a) ‘‘(a) PROHIBITION.—A public agency (as de- periods of inclement weather. of Section 47109, title 49, United States Code, is fined in section 47102) may not close an airport ‘‘(2) REQUIREMENTS.—An authorization issued amended by striking ‘‘Except as provided in sub- listed in the national plan of integrated airport under paragraph (1)— section (b)’’, and inserting in lieu thereof ‘‘Ex- systems under section 47103 without providing ‘‘(A) may only be issued by the Secretary after cept as provided in subsection (b) or subsection written notice to the Administrator of the Fed- a determination by the Federal Aviation Admin- (c)’’. eral Aviation Administration at least 30 days be- istration that inclement weather is likely to ad- SEC. 218. PILOT PROGRAM FOR PURCHASE OF fore the date of the closure. versely and directly affect capacity at an air- AIRPORT DEVELOPMENT RIGHTS. ‘‘(b) PUBLICATION OF NOTICE.—The Adminis- port for a period of at least 3 hours; (a) IN GENERAL.—Chapter 471 is amended by trator shall publish each notice received under ‘‘(B) shall apply only to discussions and adding at the end the following: subsection (a) in the Federal Register. agreements concerning flights directly affected ‘‘(c) CIVIL PENALTY.—A public agency vio- ‘‘§ 47141. Pilot program for purchase of air- by the inclement weather; and lating subsection (a) shall be liable for a civil port development rights. ‘‘(C) shall remain in effect for a period of 24 penalty of $10,000 for each day that the airport ‘‘(a) IN GENERAL.—The Secretary of Transpor- hours. remains closed without having given the notice tation shall establish a pilot program to support ‘‘(3) PROCEDURE.—The Secretary shall estab- required by this section.’’. the purchase, by a State or political subdivision lish procedures within 30 days after such date of (b) CONFORMING AMENDMENT.—The analysis of a State, of development rights associated enactment for— for chapter 463 is amended by adding at the end with, or directly affecting the use of, privately ‘‘(A) filing requests for an authorization the following: owned public use airports located in that State. under paragraph (1); Under the program, the Secretary may make a ‘‘46319. Closure of an airport without providing ‘‘(B) participation under paragraph (5) by grant to a State or political subdivision of a sufficient note.’’. representatives of the Department of Transpor- State from funds apportioned under section SEC. 221. ANCHORAGE AIR TRAFFIC CONTROL. tation in any meetings or discussions held pur- 47114 for the purchase of such rights. (a) IN GENERAL.—Not later than September 30, suant to such an order; and ‘‘(b) GRANT REQUIREMENTS.— 2004, the Administrator of the Federal Aviation ‘‘(C) the determination by the Federal Avia- ‘‘(1) IN GENERAL.—The Secretary may not Administration shall complete a study and tion Administration about the impact of inclem- make a grant under subsection (a) unless the transmit a report to the appropriate committees ent weather. grant is made— regarding the feasibility of consolidating the ‘‘(4) COPY OF PARTICIPATION REQUEST FILED ‘‘(A) to enable the State or political subdivi- Anchorage Terminal Radar Approach Control WITH SECRETARY.—Before an air carrier may re- sion to purchase development rights in order to and the Anchorage Air Route Traffic Control quest an order under paragraph (1), it shall file ensure that the airport property will continue to Center at the existing Anchorage Air Route a request with the Secretary, in such form and be available for use as a public airport; and Traffic Control Center facility. manner as the Secretary may prescribe, to par- ‘‘(B) subject to a requirement that the State or (b) APPROPRIATE COMMITTEES.—In this sec- ticipate in the program established under para- political subdivision acquire an easement or tion, the term ‘‘appropriate committees’’ means graph (1). other appropriate covenant requiring that the the Committee on Commerce, Science, and ‘‘(5) DOT PARTICIPATION.—The Secretary airport shall remain a public use airport in per- Transportation of the Senate and the Committee shall ensure that the Department is represented petuity. on Transportation and Infrastructure of the at any meetings authorized under this sub- ‘‘(2) MATCHING REQUIREMENT.—The amount of House of Representatives. section. a grant under the program may not exceed 90 TITLE III—AIRLINE SERVICE ‘‘(c) EXEMPTION AUTHORIZED.—When the Sec- percent of the costs of acquiring the develop- DEVELOPMENT retary finds that it is required by the public in- ment rights. Subtitle A—Program Enhancements terest, the Secretary, as part of an order issued ‘‘(c) GRANT STANDARDS.—The Secretary shall under subsection (b)(1), shall exempt a person prescribe standards for grants under subsection SEC. 301. DELAY REDUCTION MEETINGS. affected by the order from the antitrust laws to (a), including— (a) IN GENERAL.—Subchapter I of chapter 417 the extent necessary to allow the person to pro- ‘‘(1) grant application and approval proce- is amended by adding at the end the following ceed with the activities approved in the order. dures; and new section: ‘‘(d) ANTITRUST LAWS DEFINED.—In this sec- ‘‘(2) requirements for the content of the in- ‘‘§ 41723. Delay reduction actions tion, the term ‘antitrust laws’ has the meaning strument recording the purchase of the develop- ‘‘(a) DELAY REDUCTION MEETINGS.— given that term in the first section of the Clay- ment rights. ‘‘(1) SCHEDULING REDUCTION MEETINGS.—The ton Act (15 U.S.C. 12). ‘‘(d) RELEASE OF PURCHASED RIGHTS AND COV- Secretary of Transportation may request that ‘‘(e) SUNSET.—The authority of the Secretary ENANT.—Any development rights purchased air carriers meet with the Administrator of the to issue an order under subsection (b)(1) of this under the program shall remain the property of Federal Aviation Administration to discuss section expires at the end of the 2-year period the State or political subdivision unless the Sec- flight reductions at severely congested airports that begins 45 days after the date of enactment retary approves the transfer or disposal of the to reduce overscheduling and flight delays dur- of the Aviation Investment and Revitalization development rights after making a determina- ing hours of peak operation if— Vision Act. The Secretary may extend the 2-year

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7891 Period for an additional 2 years if the Secretary ‘‘(iii) provides a time frame within which, if gram for communities that receive subsidized determines that such an extension is necessary any, the airport will be able to accommodate the service by an air carrier under section 41733 and in the public interest. The Secretary shall request. under which the airport sponsor in such a com- notify the Senate Committee on Commerce, ‘‘(3) DEFINITIONS.—In this subsection: munity may receive a grant of not more than Science, and Transportation, and to the House ‘‘(A) HUB AIRPORT.—The term ‘hub airport’ $50,000 to develop and implement a marketing of Representatives Committee on Transportation has the meaning given that term by section plan to increase passenger boardings and the and Infrastructure of any such extension.’’. 41731(a)(3). level of passenger usage of its airport facilities. (b) CONFORMING AMENDMENT.—The chapter ‘‘(B) MEDIUM HUB AIRPORT.—The term ‘me- ‘‘(b) MATCHING REQUIREMENT; SUCCESS BO- analysis for chapter 417 is amended by inserting dium hub airport’ has the meaning given that NUSES— after the item relating to section 41722 the fol- term by section 41714(h)(9).’’. ‘‘(1) IN GENERAL.—Except as provided in para- lowing new item: SEC. 305. LOCATION OF SHUTTLE SERVICE AT graphs (2) and (3), not less than 25 percent of RONALD REAGAN WASHINGTON NA- the publicly financed costs associated with the ‘‘41723. Delay reduction actions.’’. TIONAL AIRPORT. marketing plan shall come from non-Federal SEC. 302. SMALL COMMUNITY AIR SERVICE DE- The Airports Authority (as defined in section sources. For purposes of this paragraph— VELOPMENT PILOT PROGRAM. 49103(1) of title 49, United States Code) shall, in ‘‘(A) the non-Federal portion of the publicly (a) 3-YEAR EXTENSION.—Section 41743(e)(2) is conjunction with the Department of Transpor- financed costs may be derived from contribu- amended— tation, conduct a study on the feasibility of tions in kind; and (1) by striking ‘‘There is’’ and inserting housing the gates used by all air carriers pro- ‘‘(B) State or local matching contributions ‘‘There are’’; viding shuttle service from Ronald Reagan may not be derived, directly or indirectly, from (2) by striking ‘‘2001 and’’ and inserting Washington National Airport in the same ter- Federal funds, but the use by a state or local ‘‘2001,’’; minal. government of proceeds from the sale of bonds to (3) by striking ‘‘2003’’ and inserting ‘‘2003, SEC. 306. AIR CARRIERS REQUIRED TO HONOR provide the matching contribution is not consid- and $27,500,000 for each of fiscal years 2004, TICKETS FOR SUSPENDED SERVICE. ered to be a contribution derived directly or in- 2005, and 2006’’; and (a) IN GENERAL.—Section 145(a) of the Avia- directly from Federal funds, without regard to (4) by striking ‘‘section.’’ and inserting ‘‘sec- tion and Transportation Security Act of 2001 (49 the Federal income tax treatment of interest tion, not more than $275,000 per year of which U.S.C. 40101 note) is amended by adding at the paid on those bonds or the Federal income tax may be used for administrative costs in fiscal end the following: ‘‘The Secretary of Transpor- treatment of those bonds. years 2004 through 2006.’’. tation shall give favorable consideration to ‘‘(2) BONUS FOR 25-PERCENT INCREASE IN (b) ADDITIONAL COMMUNITIES.—Section waiving the terms and conditions established by USAGE.—Except as provided in paragraph (3), if, 41743(c)(4) of such title is amended by striking this section, including those set forth in the after any 12-month period during which a mar- ‘‘program.’’ and inserting ‘‘program each year. guidance provided by the Department in notices, keting plan has been in effect, the Secretary de- No community, consortia of communities, nor dated August 8, 2002, November 14, 2002, and termines that the marketing plan has increased combination thereof may participate in the pro- January 23, 2003, in cases where remaining car- average monthly boardings, or the level of pas- gram in support of the same project more than riers operate additional flights to accommodate senger usage, at the airport facilities at the eli- once, but any community, consortia of commu- passengers whose service was suspended, inter- gible place, by 25 percent or more, then only 10 nities, or combination thereof may apply, subse- rupted, or discontinued under circumstances de- percent of the publicly financed costs associated quent to such participation, to participate in the scribed in the preceding sentence over routes lo- with the marketing plan shall be required to program in support of a different project. cated in isolated areas that are unusually de- come from non-Federal sources for the following SEC. 303. DOT STUDY OF COMPETITION AND AC- pendent on air transportation.’’. 12-month period. CESS PROBLEMS AT LARGE AND ME- (b) EXTENSION.—Section 145(c) of such Act (49 ‘‘(3) BONUS FOR 50-PERCENT INCREASE IN DIUM HUB AIRPORTS. U.S.C. 40101 note) is amended by striking ‘‘more USAGE.—If, after any 12-month period during (a) IN GENERAL.—The Secretary of Transpor- than’’ and all that follows through ‘‘after’’ and which a marketing plan has been in effect, the tation shall study competition and airline access inserting ‘‘more than 36 months after’’. Secretary determines that the marketing plan problems at hub airports (as defined in section Subtitle B—Small Community and Rural Air has increased average monthly boardings, or the 41731(a)(3)) of title 49, United States Code, and Service Revitalization level of passenger usage, at the airport facilities medium hub airports (as defined in section at the eligible place, by 50 percent or more, then 41714(h)(9) of that title). In the study, the Sec- SEC. 351. REAUTHORIZATION OF ESSENTIAL AIR no portion of the publicly financed costs associ- SERVICE PROGRAM. retary shall examine, among other matters— Section 41742(a) of title 49, United States ated with the marketing plan shall be required (1) gate usage and availability; and Code, is amended to read as follows: to come from non-Federal sources for the fol- (2) the effects of the pricing of gates and other ‘‘(a) IN GENERAL.—There are authorized to be lowing 12-month period. facilities on competition and access. appropriated to the Secretary of Transportation ‘‘§ 41783. State marketing assistance (b) REPORT.—The Secretary shall transmit a to carry out the essential air service under this ‘‘The Secretary of Transportation may provide report of the Secretary’s findings and conclu- subchapter, $113,000,000 for each of fiscal years up to $50,000 in technical assistance to any sions together with any recommendations, in- 2004 through 2007, $50,000,000 of which for each State within which an eligible point that re- cluding legislative recommendations, the Sec- such year shall be derived from amounts re- ceives subsidized service by an air carrier under retary may have for improving competition and ceived by the Federal Aviation Administration section 41733 is located for the purpose of assist- airline access at such airports to the Senate credited to the account established under sec- ing the State and such communities to develop Committee on Commerce, Science, and Transpor- tion 45303 of this title or otherwise provided to methods to increase boardings in such commu- tation and the House of Representatives Com- the Administration.’’. nities. At least 10 percent of the costs of the ac- mittee on Transportation and Infrastructure SEC. 352. INCENTIVE PROGRAM. tivity with which the assistance is associated within 6 months after the date of enactment of (a) IN GENERAL.—Chapter 417 of title 49, shall come from non-Federal sources, including this Act. United States Code, is amended by adding at the contributions in kind. SEC. 304. COMPETITION DISCLOSURE REQUIRE- end the following: ‘‘§ 41784. Definitions MENT FOR LARGE AND MEDIUM HUB AIRPORTS. ‘‘SUBCHAPTER IV—MARKETING ‘‘In this subchapter: INCENTIVE PROGRAM ‘‘(1) ELIGIBLE PLACE.—The term ‘eligible Section 47107 is amended by adding at the end place’ has the meaning given that term in sec- the following: ‘‘Sec. 41781. Purpose. tion 41731(a)(1), subject to the provisions of sec- ‘‘(q) COMPETITION DISCLOSURE REQUIRE- ‘‘Sec. 41782. Marketing program. tion 332 of the Department of Transportation MENT.— ‘‘Sec. 41783. State marketing assistance. and Related Agencies Appropriations Act, 2000 ‘‘(1) IN GENERAL.—The Secretary of Transpor- ‘‘Sec. 41784. Definitions. (49 U.S.C. 41731 note). tation may approve an application under this ‘‘Sec. 41785. Authorization of appropriations. ‘‘(2) ELIGIBLE ESSENTIAL AIR SERVICE COMMU- subchapter for an airport development project ‘‘§ 41781. Purposes NITY.—The term ‘eligible essential air service ‘‘The purposes of this subchapter are— grant for a hub airport or a medium hub airport community’ means an eligible place that— ‘‘(1) to enable essential air service commu- only if the Secretary receives assurances that ‘‘(A) submits an application to the Secretary nities to increase boardings and the level of pas- the airport sponsor will provide the information in such form, at such time, and containing such senger usage of airport facilities at an eligible required by paragraph (2) at such time and in information as the Secretary may require, in- place by providing technical, financial, and such form as the Secretary may require. cluding a detailed marketing plan, or specifica- other marketing assistance to such communities ‘‘(2) COMPETITIVE ACCESS.—If an airport de- tions for the development of such a plan, to in- and to States; nies an application by an air carrier to receive crease average boardings, or the level of pas- ‘‘(2) to reduce subsidy costs under subchapter access to gates or other facilities at that airport senger usage, at its airport facilities; and in order to provide service to the airport or to II of this chapter as a consequence of such in- ‘‘(B) provides assurances, satisfactory to the expand service at the airport, then, within 30 creased usage; and Secretary, that it is able to meet the non-Federal ‘‘(3) to provide such communities with oppor- days after denying the request, the airport spon- funding requirements of section 41782(b)(1). tunities to obtain, retain, and improve transpor- sor shall— ‘‘(3) PASSENGER BOARDINGS.—The term ‘pas- ‘‘(A) notify the Secretary of the denial; and tation services. senger boardings’ has the meaning given that ‘‘(B) transmit a report to the Secretary that— ‘‘§ 41782. Marketing program term by section 47102(10). ‘‘(i) describes the request; ‘‘(a) IN GENERAL.—The Secretary of Transpor- ‘‘(4) SPONSOR.—The term ‘sponsor’ has the ‘‘(ii) explains the reasons for the denial; and tation shall establish a marketing incentive pro- meaning given that term in section 47102(19).

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 S7892 CONGRESSIONAL RECORD — SENATE June 13, 2003 ‘‘§ 41785. Authorization of appropriations ‘‘(iii) the sponsor may make an irrevocable vided under chapter 417 of title 49, United States ‘‘There are authorized to be appropriated to election to terminate its participation in the Code, before the end of calendar year 2004 for the Secretary of Transportation $12,000,000 for pilot program established under this paragraph air service to a community— each of fiscal years 2004 through 2006, to carry after 1 year. (1) whose calendar year ridership for 2000 was out this subchapter, not more than $200,000 per ‘‘(3) COST-SHARING.—The Secretary shall es- sufficient to keep the per passenger subsidy year of which may be used for administrative tablish a pilot program under which the spon- below that limitation; and costs.’’. sors of airports serving a community or consor- (2) that has received notice that its subsidy (b) CONFORMING AMENDMENT.—The chapter tium of communities share the cost of providing will be terminated during calendar year 2003 be- analysis for chapter 417 of such title is amended air transportation service greater than the basic cause decreased ridership has caused the sub- by inserting after the item relating to section essential air service provided under this sub- sidy to exceed that limitation. 41767 the following: chapter. Subtitle C—Financial Improvement Effort ‘‘(c) CODE-SHARING.—Under the pilot program ‘‘SUBCHAPTER IV—MARKETING INCENTIVE and Executive Compensation Report established under subsection (a), the Secretary PROGRAM SEC. 371. GAO REPORT ON AIRLINES ACTIONS TO is authorized to require air carriers providing ‘‘41781. Purpose. IMPROVE FINANCES AND ON EXECU- service to participating communities and major ‘‘41782. Marketing program. TIVE COMPENSATION. ‘‘41783. State marketing assistance. air carriers (as defined in section 41716(a)(2)) (a) FINDING.—The Congress finds that the ‘‘41784. Definitions. serving large hub airports (as defined in section United States government has by law provided ‘‘41785. Authorization of appropriations.’’. 41731(a)(3)) to participate in multiple code-share substantial financial assistance to United States SEC. 353. PILOT PROGRAMS. arrangements consistent with normal industry commercial airlines in the form of war risk in- practice whenever and wherever the Secretary (a) IN GENERAL.—Subchapter II of chapter 417 surance and reinsurance and other economic of title 49, United States Code, is amended by determines that such multiple code-sharing ar- benefits and has imposed substantial economic adding at the end the following: rangements would improve air transportation and regulatory burdens on those airlines. In services. The Secretary may not require air car- order to determine the economic viability of the ‘‘§ 41745. Other pilot programs riers to participate in such arrangements under domestic commercial airline industry and to ‘‘(a) IN GENERAL.—If the entire amount au- this subsection for more than 10 such commu- evaluate the need for additional measures or the thorized to be appropriated to the Secretary of nities. modification of existing laws, the Congress Transportation by section 41785 is appropriated ‘‘(d) TRACKING SERVICE.—The Secretary shall needs more frequent information and independ- for fiscal years 2004 through 2007, the Secretary require carriers providing subsidy for service ently verified information about the financial of Transportation shall establish pilot programs under section 41733 to track changes in services, condition of these airlines. that meet the requirements of this section for im- including on-time arrivals and departures, on (b) SEMIANNUAL REPORTS.—The Comptroller proving service to communities receiving essen- such subsidized routes, and to report such infor- General shall prepare a semiannual report to tial air service assistance under this subchapter mation to the Secretary on a semi-annual basis the Congress— or consortia of such communities. in such form as the Secretary may require. (1) analyzing measures being taken by air car- ‘‘(b) PROGRAMS AUTHORIZED.— ‘‘(e) ADMINISTRATIVE PROVISIONS.—In order to riers engaged in air transportation and intra- ‘‘(1) COMMUNITY FLEXIBILITY.—The Secretary participate in a pilot program established under state air transportation (as such terms are used shall establish a pilot program for not more than this section, the airport sponsor for a commu- in subtitle VII of title 49, United States Code) to 10 communities or consortia of communities nity or consortium of communities shall submit reduce costs and to improve their earnings and under which the airport sponsor of an airport an application to the Secretary in such form, at profits and balance sheets; and serving the community or consortium may elect such time, and containing such information as (2) stating— to forego any essential air service assistance the Secretary may require.’’. (A) the total compensation (as defined in sec- under preceding sections of this subchapter for (b) CONFORMING AMENDMENT.—The chapter tion 104(b) of the Air Transportation Safety and a 10-year period in exchange for a grant from analysis for chapter 417 of such title is amended System Stabilization Act (49 U.S.C. 40101 note)) the Secretary equal in value to twice the annual by inserting after the item relating to section paid by the air carrier to each officer or em- essential air service assistance received for the 41744 the following: ployee of that air carrier to whom that section most recently ended calendar year. Under the ‘‘41745. Other pilot programs.’’. applies for the period to which the report re- program, and notwithstanding any provision of SEC. 354. EAS PROGRAM AUTHORITY CHANGES. lates; and law to the contrary, the Secretary shall make a (B) the terms and value (determined on the grant to each participating sponsor for use by (a) RATE RENEGOTIATION.—If the Secretary of Transportation determines that essential air basis of the closing price of the stock on the last the recipient for any project that— business day of the period to which the report ‘‘(A) is eligible for assistance under chapter service providers are experiencing significantly increased costs of providing service under sub- relates) of any stock options awarded to such 471; officer during that period. ‘‘(B) is located on the airport property; or chapter II of chapter 417 of title 49, United (c) GAO AUTHORITY.—In order to compile the States Code, the Secretary of Transportation ‘‘(C) will improve airport facilities in a way reports required by subsection (b), the Comp- may increase the rates of compensation payable that would make such facilities more usable for troller General, or any of the Comptroller Gen- under that subchapter within 30 days after the general aviation. eral’s duly authorized representatives, shall ‘‘(2) EQUIPMENT CHANGES.— date of enactment of this Act without regard to have access for the purpose of audit and exam- ‘‘(A) IN GENERAL.—The Secretary shall estab- any agreements or requirements relating to the ination to any books, accounts, documents, pa- lish a pilot program for not more than 10 com- renegotiation of contracts. For purposes of this pers, and records of such air carriers that relate munities or consortia of communities under subsection, the term ‘‘significantly increased to the information required to compile the re- which, upon receiving a petition from the spon- costs’’ means an average annual total unit cost ports. The Comptroller General shall submit sor of the airport serving the community or con- increase (but not increases in individual unit with each such report a certification as to sortium, the Secretary shall authorize and re- costs) of 10 percent or more in relation to the whether the Comptroller General has had access quest the essential air service provider for that unit rates used to construct the subsidy rate, to sufficient information to make informed judg- community or consortium to use smaller equip- based on the carrier’s internal audit of its fi- ments on the matters covered by the report. ment to provide the service and to consider in- nancial statements. (d) REPORTS TO CONGRESS.—The Comptroller creasing the frequency of service using such (b) RETURNED FUNDS.—Notwithstanding any General shall transmit the compilation of re- smaller equipment. Before granting any such provision of law to the contrary, any funds ports required by subsection (c) to the Senate petition, the Secretary shall determine that pas- made available under subchapter II of chapter Committee on Commerce, Science, and Transpor- senger safety would not be compromised by the 417 of title 49, United States Code, that are re- tation and the House of Representatives Com- use of such smaller equipment. Any community turned to the Secretary by an airport sponsor mittee on Transportation and Infrastructure. that participates in a pilot program under this because of decreased subsidy needs for essential subparagraph is deemed to have waived the air service under that subchapter shall remain TITLE IV—AVIATION SECURITY minimum service requirements under section available to the Secretary and may be used by SEC. 401. STUDY OF EFFECTIVENESS OF TRANS- 41732(b) for purposes of its participation in that the Secretary under that subchapter to increase PORTATION SECURITY SYSTEM. pilot program. the frequency of flights at that airport. (a) IN GENERAL.—The Secretary of Homeland ‘‘(B) ALTERNATIVE SERVICES.—For any 3 (c) SMALL COMMUNITY AIR SERVICE DEVELOP- Security, in consultation with representatives of aiport sponsors participating in the program es- MENT PILOT PROGRAM.—Section 41743(h) of such the airport community, shall study the effective- tablished under subparagraph (A), the Secretary title is amended by striking ‘‘an airport’’ and ness of the aviation security system, including may establish a pilot program under which— inserting ‘‘each airport’’. the air marshal program, hardening of cockpit ‘‘(i) the Secretary provides 100 percent Federal SEC. 355. ONE-YEAR EXTENSION OF EAS ELIGI- doors, and security screening of passengers, funding for reasonable levels of alternative BILITY FOR COMMUNITIES TERMI- checked baggage, and cargo. transportation services from the eligible place to NATED IN 2003 DUE TO DECREASED (b) REPORT.—The Secretary shall transmit a the nearest hub airport or small hub airport; AIR TRAVEL. report of the Secretary’s findings and conclu- ‘‘(ii) the Secretary will authorize the sponsor Notwithstanding the rate of subsidy limitation sions together with any recommendations, in- to use its essential air service subsidy funds pro- in section 332 of the Department of Transpor- cluding legislative recommendations, the Sec- vided under preceding sections of this sub- tation and Related Agencies Appropriations Act, retary may have for improving the effectiveness chapter for any airport-related project that 2000, the Secretary of Transportation may not of aviation security to the Senate Committee on would improve airport facilities; and terminate an essential air service subsidy pro- Commerce, Science, and Transportation and the

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7893 House of Representatives Committee on Trans- Security and the Secretary of Transportation, SEC. 406. GENERAL AVIATION AND AIR CHAR- portation and Infrastructure within 6 months shall establish security procedures relating to TERS. after the date of enactment of this Act. In the the operation of aircraft when employed to pro- Section 132(a) of the Aviation and Transpor- report the Secretary shall also describe any re- vide charter transportation to members of the tation Security Act (49 U.S.C. 44944 note) is deployment of Transportation Security Adminis- armed forces to or from an airport described in amended by striking ‘‘12,500 pounds or more’’ tration resources based on those findings and section 44903(c) of title 49, United States Code. and inserting ‘‘more than 12,500 pounds’’. conclusions. The Secretary may submit the re- ‘‘(3) ARMED FORCES DEFINED.—In this sub- SEC. 407. AIR DEFENSE IDENTIFICATION ZONE. port to the Committees in classified and redacted section, the term ‘armed forces’ has the meaning (a) IN GENERAL.—If the Administrator of the form. given that term by section 101(a)(4) of title 10, Federal Aviation Administration establishes an SEC. 402. AVIATION SECURITY CAPITAL FUND. United States Code.’’. Air Defense Identification Zone (in this section (a) IN GENERAL.—There may be established SEC. 405. ARMING CARGO PILOTS AGAINST TER- referred as an ‘‘ADIZ’’), the Administrator within the Department of Homeland Security a RORISM. shall, not later than 60 days after the date of es- fund to be known as the Aviation Security Cap- (a) SHORT TITLE.—This section may be cited tablishing the ADIZ, transmit to the Committee ital Fund. There are authorized to be appro- as the ‘‘Arming Cargo Pilots Against Terrorism on Transportation and Infrastructure of the priated to the Fund up to $500,000,000 for each Act’’. House of Representatives and the Committee on of the fiscal years 2004 through 2007, such (b) FINDINGS.—Congress makes the following Commerce, Science, and Transportation of the amounts to be derived from fees received under findings: Senate, a report containing an explanation of section 44940 of title 49, United States Code. (1) During the 107th Congress, both the Senate the need for the ADIZ. The Administrator shall Amounts in the fund shall be allocated in such and the House of Representatives overwhelm- provide the Committees an updated report every a manner that— ingly passed measures that would have armed 60 days until the establishment of the ADIZ is (1) 40 percent shall be made available for hub pilots of cargo aircraft. rescinded. The reports and updates shall be airports; (2) Cargo aircraft do not have Federal air transmitted in classified form. (2) 20 percent shall be made available for me- marshals, trained cabin crew, or determined (b) EXISTING ADIZ.—If an ADIZ is in effect dium hub airports; passengers to subdue terrorists. on the date of enactment of this Act, the Admin- (3) 15 percent shall be made available for small (3) Cockpit doors on cargo aircraft, if present istrator shall transmit an initial report under hub airports and nonhub airports; and at all, largely do not meet the security stand- subsection (a) to the Committee on Transpor- (4) 25 percent may be distributed at the Sec- ards required for commercial passenger aircraft. tation and Infrastructure of the House of Rep- retary’s discretion. (4) Cargo aircraft vary in size and many are resentatives and the Committee on Commerce, (b) PURPOSE.—Amounts in the Fund shall be larger and carry larger amounts of fuel than the Science, and Transportation of the Senate not available to the Secretary of Homeland Security aircraft hijacked on September 11, 2001. later than 30 days after the date of enactment of to provide financial assistance to airport spon- (5) Aircraft cargo frequently contains haz- this Act. sors to defray capital investment in transpor- ardous material and can contain deadly biologi- (c) REPORTING REQUIREMENTS.—If a report re- tation security at airport facilities in accordance cal and chemical agents and quantities of quired under subsection (a) or (b) indicates that with the provisions of this section. The program agents that cause communicable diseases. the ADIZ is to be continued, the Administrator shall be administered in concert with the airport (6) Approximately 12,000 of the nation’s 90,000 shall outline changes in procedures and require- improvement program under chapter 417 of title commercial pilots serve as pilots and flight engi- ments to improve operational efficiency and 49, United States Code. neers on cargo aircraft. minimize the operational impacts of the ADIZ (c) APPORTIONMENT.—Amounts made avail- (7) There are approximately 2,000 cargo flights on pilots and air traffic controllers. able under subsection (a)(1), (a)(2), or (a)(3) per day in the United States, many of which are (d) DEFINITION.—In this section, the terms shall be apportioned among the airports in each loaded with fuel for outbound international ‘‘Air Defense Identification Zone’’ and ‘‘ADIZ’’ category in accordance with a formula based on travel or are inbound from foreign airports not mean a zone established by the Administrator the ratio that passenger enplanements at each secured by the Transportation Security Admin- with respect to airspace under 18,000 feet in ap- airport in the category bears to the total pas- istration. proximately a 15 to 38 mile radius around Wash- senger enplanements at all airports in that cat- (8) Aircraft transporting cargo pose a serious ington, District of Columbia, for which security egory. risk as potential terrorist targets that could be measures are extended beyond the existing 15- (d) LETTERS OF INTENT.—The Secretary of used as weapons of mass destruction. mile-no-fly zone around Washington and in Homeland Security, or his delegate, may execute (9) Pilots of cargo aircraft deserve the same which general aviation aircraft are required to letters of intent to commit funding to airport ability to protect themselves and the aircraft adhere to certain procedures issued by the Ad- sponsors from the Fund. they pilot as other commercial airline pilots. ministrator. (e) CONFORMING AMENDMENT.—Section 44940(a)(1) of title 49, United States Code, is (10) Permitting pilots of cargo aircraft to carry SEC. 408. REPORT ON PASSENGER PRESCREENING PROGRAM. amended by adding at the end the following: firearms creates an important last line of de- ‘‘(H) The costs of security-related capital im- fense against a terrorist effort to commandeer a (a) IN GENERAL.—Within 90 days after the provements at airports.’’. cargo aircraft. date of enactment of this Act, the Secretary of (f) DEFINITIONS.—Any term used in this sec- (c) SENSE OF CONGRESS.—It is the sense of Homeland Security, after consultation with the tion that is defined or used in chapter 417 of Congress that members of a flight deck crew of Attorney General, shall submit a report in writ- title 49, United States Code, has the meaning a cargo aircraft should be armed with a firearm ing to the Senate Committee on Commerce, given that term in that chapter. and taser to defend the cargo aircraft against Science, and Transportation and the House of an attack by terrorists that could result in the Representatives Committee on Transportation SEC. 403. TECHNICAL AMENDMENTS RELATED TO SECURITY-RELATED AIRPORT DE- use of the aircraft as a weapon of mass destruc- and Infrastructure on the potential impact of VELOPMENT. tion or for other terrorist purposes. the Transportation Security Administration’s (a) DEFINITION OF AIRPORT DEVELOPMENT.— (d) ARMING CARGO PILOTS AGAINST TER- proposed Computer Assisted Passenger Section 47102(3)(B) is amended— RORISM.—Section 44921 of title 49, United States Prescreening system, commonly known as (1) by inserting ‘‘and’’ after the semicolon in Code, is amended— CAPPS II, on the privacy and civil liberties of clause (viii); (1) in subsection (a), by striking ‘‘passenger’’ United States citizens. (2) by striking ‘‘circular; and’’ in clause (ix) each place that it appears; and (b) SPECIFIC ISSUES TO BE ADDRESSED.—The and inserting ‘‘circular.’’; and (2) in subsection (k)— report shall address the following: (3) by striking clause (x). (A) in paragraph (2)— (1) Whether and for what period of time data (b) IMPROVEMENT OF FACILITIES AND EQUIP- (i) by striking ‘‘or,’’ and all that follows; and gathered on individual travelers will be re- MENT.—Section 308(a) of the Federal Aviation (ii) by inserting ‘‘or any other flight deck crew tained, who will have access to such data, and Reauthorization Act of 1996 (49 U.S.C. 44901 member.’’; and who will make decisions concerning access to note) is amended by striking ‘‘travel.’’ and in- (B) by adding at the end the following new such data. serting ‘‘travel if the improvements or equipment paragraph: (2) How the Transportation Security Adminis- will be owned and operated by the airport.’’. ‘‘(3) ALL-CARGO AIR TRANSPORTATION.—For tration will treat the scores assigned to indi- SEC. 404. ARMED FORCES CHARTERS. the purposes of this section, the term air trans- vidual travelers to measure the likelihood they Section 132 of the Aviation and Transpor- portation includes all-cargo air transpor- may pose a security threat, including how long tation Security Act (49 U.S.C. 44903 note) is tation.’’. such scores will be retained and whether and amended by adding at the end the following: (e) TIME FOR IMPLEMENTATION.—The training under what circumstances they may be shared ‘‘(c) EXEMPTION FOR ARMED FORCES CHAR- of pilots as Federal flight deck officers required with other governmental, nongovernmental, or TERS.— in the amendments made by subsection (d) shall commercial entities. ‘‘(1) IN GENERAL.—Subsections (a) and (b) of begin as soon as practicable and no later than (3) The role airlines and outside vendors or this section, and chapter 449 of title 49, United 90 days after the date of enactment of this Act. contractors will have in implementing and oper- States Code, do not apply to passengers and (f) EFFECT ON OTHER LAWS.—The require- ating the system, and to what extent will they property carried by aircraft when employed to ments of subsection (e) shall have no effect on have access, or the means to obtain access, to provide charter transportation to members of the the deadlines for implementation contained in data, scores, or other information generated by armed forces. section 44921 of title 49, United States Code, as the system. ‘‘(2) IN GENERAL.—The Secretary of Defense, in effect on the day before the date of enactment (4) The safeguards that will be implemented to in consultation with the Secretary of Homeland of this Act. ensure that data, scores, or other information

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 S7894 CONGRESSIONAL RECORD — SENATE June 13, 2003 generated by the system will be used only as of- providing notice to the repair station of the se- air traffic control system that is certified or ap- ficially intended. curity issues and vulnerabilities identified. proved by the Administrator and that promotes (5) The procedures that will be implemented to (3) SUSPENSIONS AND REVOCATIONS OF CERTIFI- safety, efficiency, or mobility. Such projects may mitigate the effect of any errors, and what pro- CATES.— include— cedural recourse will be available to passengers (A) FAILURE TO CARRY OUT EFFECTIVE SECU- ‘‘(A) airport-specific air traffic facilities and who believe the system has wrongly barred them RITY MEASURES.—If the Under Secretary deter- equipment, including local area augmentation from taking flights. mines as a result of a security audit that a for- systems, instrument landing systems, weather (6) The oversight procedures that will be im- eign repair station does not maintain and carry and wind shear detection equipment, lighting plemented to ensure that, on an ongoing basis, out effective security measures or if a foreign re- improvements, and control towers; privacy and civil liberties issues will continue to pair station does not address the security issues ‘‘(B) automation tools to effect improvements be considered and addressed with high priority and vulnerabilities as required under subsection in airport capacity, including passive final ap- as the system is installed, operated and up- (d)(2), the Under Secretary shall notify the Ad- proach spacing tools and traffic management dated. ministrator of the determination. Upon receipt advisory equipment; and of the determination, the Administrator shall ‘‘(C) facilities and equipment that enhance SEC. 409. REMOVAL OF CAP ON TSA STAFFING LEVEL. suspend the certification of the repair station airspace control procedures, including consoli- The matter appearing under the heading until such time as the Under Secretary deter- dation of terminal radar control facilities and mines that the repair station maintains and car- equipment, or assist in en route surveillance, in- ‘‘AVIATION SECURITY’’ in the appropriations for the Transportation Security Administration in ries out effective security measures and has ad- cluding oceanic and offshore flight tracking. ‘‘(2) PROJECT SPONSOR.—The term ‘project the Transportation and Related Agencies Ap- dressed the security issues identified in the sponsor’ means any major user of the National propriation Act, 2003 (Public Law 108–7; 117 audit, and transmits the determination to the Airspace System, as determined by the Sec- Stat. 386) is amended by striking the fifth pro- Administrator. (B) IMMEDIATE SECURITY RISK.—If the Under retary, including a public-use airport or a joint viso. Secretary determines that a foreign repair sta- venture between a public-use airport and one or SEC. 410. FOREIGN REPAIR STATION SAFETY AND tion poses an immediate security risk, the Under more air carriers. SECURITY. Secretary shall notify the Administrator of the ‘‘(f) TRANSFERS OF EQUIPMENT.—Notwith- (a) DEFINITIONS.—In this section: determination. Upon receipt of the determina- standing any other provision of law, and upon (1) ADMINISTRATOR.—The term ‘‘Adminis- tion, the Administrator shall revoke the certifi- agreement by the Administrator of the Federal trator’’ means the Administrator of the Federal cation of the repair station. Aviation Administration, project sponsors may Aviation Administration. (4) FAILURE TO MEET AUDIT DEADLINE.—If the transfer, without consideration, to the Federal (2) DOMESTIC REPAIR STATION.—The term ‘‘do- security audits required by paragraph (1) are Aviation Administration, facilities, equipment, mestic repair station’’ means a repair station or not completed on or before the date that is 180 or automation tools, the purchase of which was shop that— days after the date on which the Under Sec- assisted by a grant made under this section, if (A) is described in section 44707(2) of title 49, retary issues regulations under paragraph (6), such facilities, equipment or tools meet Federal United States Code; and the Administrator may not certify, or renew the Aviation Administration operation and mainte- (B) is located in the United States. certification of, any foreign repair station until nance criteria. (3) FOREIGN REPAIR STATION.—The term ‘‘for- such audits are completed. ‘‘(g) GUIDELINES.—The Administrator shall eign repair station’’ means a repair station or (5) PRIORITY FOR AUDITS.—In conducting the issue advisory guidelines on the implementation shop that— audits described in paragraph (1), the Under of the program, which shall not be subject to ad- (A) is described in section 44707(2) of title 49, Secretary and the Administrator shall give pri- ministrative rulemaking requirements under United States Code; and ority to foreign repair stations located in coun- subchapter II of chapter 5 of title 5.’’. (B) is located outside of the United States. tries identified by the United States Government (b) CONFORMING AMENDMENT.—The chapter (4) UNDER SECRETARY.—The term ‘‘Under Sec- as posing the most significant security risks. analyses for chapter 445 is amended by adding retary’’ means the Under Secretary for Border (6) REGULATIONS.—Not later than 180 days at the end the following: and Transportation Security of the Department after the date of enactment of this section, the ‘‘44517. Program to permit cost-sharing of air of Homeland Security. Under Secretary, in consultation with the Ad- traffic modernization projects.’’. (b) APPLICABILITY OF STANDARDS.—Within 180 ministrator, shall issue final regulations to en- SEC. 503. COUNTERFEIT OR FRAUDULENTLY REP- days after the date of enactment of this Act, the sure the security of foreign and domestic repair RESENTED PARTS VIOLATIONS. Administrator shall issue regulations to ensure stations. If final regulations are not issued Section 44726(a)(1) is amended— that foreign repair stations meet the same level within 180 days of the date of enactment of this (1) by striking ‘‘or’’ after the semicolon in sub- of safety required of domestic repair stations. Act, the Administrator may not certify, or renew paragraph (A); (c) SPECIFIC STANDARDS.—In carrying out the certification of, any foreign repair station (2) by redesignating subparagraph (B) as sub- subsection (b), the Administrator shall, at a until such regulations have been issued. paragraph (D); minimum, specifically ensure that foreign repair TITLE V—MISCELLANEOUS (3) by inserting after subparagraph (A) the stations, as a condition of being certified to following: SEC. 501. EXTENSION OF WAR RISK INSURANCE work on United States registered aircraft— ‘‘(B) who knowingly, and with intent to de- AUTHORITY. fraud, carried out or facilitated an activity pun- (1) institute a program of drug and alcohol Section 44310 is amended by striking ‘‘2004.’’ ishable under a law described in subparagraph testing of its employees working on United and inserting ‘‘2006.’’. States registered aircraft and that such a pro- (A); SEC. 502. COST-SHARING OF AIR TRAFFIC MOD- ‘‘(C) whose certificate is revoked under sub- gram provides an equivalent level of safety ERNIZATION PROJECTS. achieved by the drug and alcohol testing re- section (b) of this section; or’’; and (a) IN GENERAL.—Chapter 445 is amended by (4) by striking ‘‘convicted of such a viola- quirements that workers are subject to at domes- adding at the end the following: tic repair stations; tion.’’ in subparagraph (D), as redesignated, ‘‘§ 44517. Program to permit cost-sharing of and inserting ‘‘described in subparagraph (A), (2) agree to be subject to the same type and air traffic modernization projects level of inspection by the Federal Aviation Ad- (B) or (C).’’. ‘‘(a) IN GENERAL.—Subject to the requirements ministration as domestic repair stations and SEC. 504. CLARIFICATIONS TO PROCUREMENT AU- of this section, the Secretary may carry out a that such inspections occur without prior notice THORITY. program under which the Secretary may make (a) UPDATE AND CLARIFICATION OF AUTHOR- to the country in which the station is located; grants to project sponsors for not more than 10 ITY.— and eligible projects per fiscal year for the purpose (1) Section 40110(c) is amended to read as fol- (3) follow the security procedures established of improving aviation safety and enhancing mo- lows: under subsection (d). bility of the Nation’s air transportation system ‘‘(c) DUTIES AND POWERS.—When carrying out (d) SECURITY AUDITS.— by encouraging non-Federal investment in crit- subsection (a) of this section, the Administrator (1) IN GENERAL.—To ensure the security of ical air traffic control facilities and equipment. of the Federal Aviation Administration may— maintenance and repair work conducted on ‘‘(b) FEDERAL SHARE.—The Federal share of ‘‘(1) notwithstanding section 1341(a)(1) of title United States aircraft and components at for- the cost of an eligible project carried out under 31, lease an interest in property for not more eign repair stations, the Under Secretary, in the program shall not exceed 33 percent. The than 20 years; consultation with the Administrator, shall com- non-Federal share of the cost of an eligible ‘‘(2) consider the reasonable probable future plete a security review and audit of foreign re- project shall be provided from non-Federal use of the underlying land in making an award pair stations certified by the Administrator sources, including revenues collected pursuant for a condemnation of an interest in airspace; under part 145 of title 14, Code of Federal Regu- to section 40117 of this title. and lations. The review shall be completed not later ‘‘(c) LIMITATION ON GRANT AMOUNTS.—No eli- ‘‘(3) dispose of property under subsection than 180 days after the date on which the Under gible project may receive more than $5,000,000 in (a)(2) of this section, except for airport and air- Secretary issues regulations under paragraph Federal funds under the program. way property and technical equipment used for (6). ‘‘(d) FUNDING.—The Secretary shall use the special purposes of the Administration, only (2) ADDRESSING SECURITY CONCERNS.—The amounts appropriated under section 48101(a) of under subchapter III of chapter 5 of title 40, Under Secretary shall require a foreign repair this title to carry out this program. United States Code.’’. station to address the security issues and ‘‘(e) DEFINITIONS.—In this section: (2) Section 40110(d)(1) is amended by striking vulnerabilities identified in a security audit con- ‘‘(1) ELIGIBLE PROJECT.—The term ‘eligible ‘‘implement, not later than January 1, 1996,’’ ducted under paragraph (1) within 90 days of project’ means a project relating to the Nation’s and inserting ‘‘implement’’.

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(b) CLARIFICATION.—Section 106(f)(2)(A)(ii) is (v) by striking ‘‘for each fiscal year’’ in sub- subchapter 471 to encourage commercial service amended by striking ‘‘property’’ and inserting section (d)(2). airports in air quality nonattainment and main- ‘‘property, services,’’. (E) Subsection 47116(b) is amended by striking tenance areas to undertake projects for gate SEC. 505. JUDICIAL REVIEW. ‘‘amounts are made available under section electrification, acquisition or conversion of air- Section 46110(c) is amended by adding at the 48103 of this title’’ and inserting ‘‘an amount is port vehicles and airport-owned ground support end the following: ‘‘Except as otherwise pro- subject to apportionment’’. equipment to acquire low-emission technology, vided in this subtitle, judicial review of an order (F) Section 47117 is amended— low-emission technology fuel systems, and other (i) by striking ‘‘amounts are made available issued, in whole or in part, pursuant to this related air quality projects on a voluntary basis under section 48103 of this title.’’ in subsection part, part B of this subtitle , or subsection (l) or to improve air quality and more aggressively ad- (a) and inserting ‘‘an amount is subject to ap- (s) of section 114 of this title, shall be in accord- dress the constraints that emissions can impose portionment.’’; on future aviation growth. Use of those funds is ance with the provisions of this section.’’. (ii) by striking ‘‘a sufficient amount is made conditioned on airports receiving credits for SEC. 506. CIVIL PENALTIES. available under section 48103.’’ in subsection emissions reductions that can be used to miti- (a) INCREASE IN MAXIMUM CIVIL PENALTY.— (f)(2)(A) and inserting ‘‘there is a sufficient gate the air quality effects of future airport de- Section 46301(a) is amended— amount subject to apportionment.’’; (1) by striking ‘‘$1,000’’ in paragraph (1) and (iii) in subsection (f)(2)(B), by inserting ‘‘in’’ velopment. Making these projects eligible for inserting ‘‘$25,000’’; before ‘‘the succeeding’’; funding in addition to those projects that are al- (2) by striking ‘‘or’’ the last time it appears in (iv) by striking ‘‘NEWLY AVAILABLE’’ in the ready eligible under section 47102(3)(F) is in- paragraph (1)(A); caption of subsection (f)(3) and inserting ‘‘RE- tended to support those projects that, at the (3) by striking ‘‘section )’’ in paragraph STORED’’; time of execution, may not be required by the (1)(A), and inserting ‘‘section), or section (v) by striking ‘‘newly available under section Clean Air Act (42 U.S.C. 7501 et seq.), but may 47133’’; 48103 of this title,’’ in subsection (f)(3)(A) and be needed in the future. (4) by striking paragraphs (2), (3), (6), and (7) inserting ‘‘subject to apportionment,’’; (b) ACTIVITIES ADDED TO DEFINITION OF ‘‘AIR- and redesignating paragraphs (4), (5), and (8) as (vi) by striking ‘‘made available under section PORT DEVELOPMENT’’.—Section 47102(3) is paragraphs (2), (3), and (4), respectively; and 48103 for such obligations for such fiscal year.’’ amended by adding at the end the following: (5) by striking ‘‘paragraphs (1) and (2)’’ in in subsection (f)(4) and inserting ‘‘subject to ap- ‘‘(K) work necessary to construct or modify paragraph (4), as redesignated, and inserting portionment.’’; and airport facilities to provide low-emission fuel ‘‘paragraph (1)’’. (vii) by striking ‘‘enacted after September 3, systems, gate electrification, and other related (b) INCREASE IN LIMIT ON ADMINISTRATIVE AU- 1982,’’ in subsection (g). air quality improvements at a commercial service THORITY AND CIVIL PENALTY.—Section 46301(d) (b) RECOVERED FUNDS.—Section 47117 is airport, if the airport is located in an air quality is amended— amended by adding at the end the following: nonattainment or maintenance area (as defined (1) by striking ‘‘$50,000;’’ in paragraph (4)(A) ‘‘(h) CREDITING OF RECOVERED FUNDS.—For in sections 171(2) and 175(A) of the Clean Air by inserting ‘‘$50,000, if the violation occurred the purpose of determining compliance with a Act (42 U.S.C. 7501(2), 7505a) and if such project before the date of enactment of the Aviation Au- limitation on the amount of grant obligations will result in an airport receiving appropriate thorization Act of 2003, or $1,000,000, if the vio- that may be incurred in a fiscal year imposed by emission credits, as described in section 47139 of lation occurred on or after that date;’’; and an appropriations Act, an amount that is recov- this title. The Secretary, in consultation with (2) by striking ‘‘$50,000.’’ in paragraph (8) and ered by canceling or reducing a grant obliga- the Administrator of the Environmental Protec- inserting ‘‘$50,000, if the violation occurred be- tion— tion Agency, shall issue guidance describing eli- ‘‘(1) shall be treated as a negative obligation fore the date of enactment of the Aviation Au- gible low-emission modifications and improve- that is to be netted against the gross obligation thorization Act of 2003, or $1,000,000, if the vio- ments and stating how airport sponsors will lation occurred on or after that date.’’. limitation, and ‘‘(2) may permit the gross limitation to be ex- demonstrate benefits. ‘‘(L) a project for the acquisition or conver- SEC. 507. MISCELLANEOUS AMENDMENTS. ceeded by an equal amount.’’. (a) AMOUNTS SUBJECT TO APPORTIONMENT (c) AIRPORT SAFETY DATA COLLECTION.—Sec- sion of vehicles and ground support equipment, UNDER CHAPTER 471.— tion 47130 is amended to read as follows: owned by a commercial service airport, to low- (1) IN GENERAL.—Section 47102 is amended— emission technology, if the airport is located in ‘‘§ 47130. Airport safety data collection (A) by striking paragraph (6) and inserting an air quality nonattainment or maintenance the following: ‘‘Notwithstanding any other provision of law, area (as defined in sections 171(2) and 175(A) of ‘‘(6) ‘amount newly made available’ means the the Administrator of the Federal Aviation Ad- the Clean Air Act (42 U.S.C. 7501(2), 7505a) and amount newly made available under section ministration may award a contract, using sole if such project will result in an airport receiving 48103 of this title as an authorization for grant source or limited source authority, or enter into appropriate emission credits as described in sec- obligations for a fiscal year, as that amount a cooperative agreement with, or provide a tion 47139 of this title. The Secretary, in con- may be limited in that year by a provision in an grant from amounts made available under sec- sultation with the Administrator of the Environ- tion 48103 to, a private company or entity for appropriations Act, but as determined without mental Protection Agency, shall issue guidance the collection of airport safety data. If a grant regard to grant obligation recoveries made in describing eligible low-emission vehicle tech- is provided, the United States Government’s that year or amounts covered by section nology and stating how airport sponsors will share of the cost of the data collection shall be 47107(f).’’; and demonstrate benefits. For airport-owned vehicles 100 percent.’’. (B) by redesignating paragraphs (7) through and equipment, the acquisition of which are not (d) STATUTE OF LIMITATIONS.—Section (20) as paragraphs (8) through (21), and insert- 47107(l)(5)(A) is amended by inserting ‘‘or any otherwise eligible for assistance under this sub- ing after paragraph (6) the following: chapter, the incremental cost of equipping such ‘‘(7) ‘amount subject to apportionment’ means other governmental entity’’ after ‘‘sponsor’’. (e) AUDIT CERTIFICATION.—Section 47107(m) is vehicles or equipment with low-emission tech- the amount newly made available, less the amended— nology shall be treated as eligible for assist- amount made available for the fiscal year for (1) by striking ‘‘promulgate regulations that’’ ance.’’. administrative expenses under section 48105.’’. in paragraph (1) and inserting ‘‘include a provi- (c) LOW-EMISSION TECHNOLOGY DEFINED.— (2) CONFORMING AMENDMENTS.— sion in the compliance supplement provisions Section 47102 is amended by redesignating para- (A) Section 41742(b) is amended by striking to’’; graphs (10) through (20), as paragraphs (11) ‘‘Notwithstanding section 47114(g) of this title, (2) by striking ‘‘and opinion of the review’’ in through (21) respectively, and inserting after any’’ and inserting ‘‘Any’’. paragraph (1); and paragraph (9) the following: (B) Section 47104(b) is amended to read as fol- (3) by striking paragraph (3). ‘‘(11) ‘low-emission technology’ means tech- lows: (f) NOISE EXPOSURE MAPS.—Section 47503(a) nology for new vehicles and equipment whose ‘‘(b) INCURRING OBLIGATIONS.—The Secretary is amended by striking ‘‘1985,’’ and inserting ‘‘a emission performance is the best achievable may incur obligations to make grants from the forecast year that is at least 5 years in the fu- under emission standards established by the En- amount subject to apportionment as soon as the ture,’’. vironmental Protection Agency and that relies apportionments required by sections 47114(c) (g) CLARIFICATION OF APPLICABILITY OF PFCS exclusively on alternative fuels that are sub- and (d)(2) of this title have been issued.’’. TO MILITARY CHARTERS.—Section 40117(e)(2) is stantially non-petroleum based, as defined by (C) Section 47107(f)(3) is amended by striking amended— the Department of Energy, but not excluding ‘‘made available to the Secretary under section (1) by striking ‘‘and’’ after the semicolon in hybrid systems.’’. 48103 of this title and’’ and inserting ‘‘subject to subparagraph (D); (d) EMISSIONS CREDITS.— apportionment, and is’’. (2) by striking ‘‘passengers.’’ in subparagraph (1) IN GENERAL.—Subchapter I of chapter 471, (D) Section 47114 is amended— (E) and inserting ‘‘passengers; and’’; and as amended by section 206 of this Act, is further (i) by striking subsection (a); (3) by adding at the end the following: amended by adding at the end the following: (ii) by striking ‘‘apportionment for that fiscal ‘‘(F) enplaning at an airport if the passenger year’’ in subsection (b) and inserting ‘‘appor- did not pay for the air transportation which re- ‘‘§ 47139. Emission credits for air quality tionment’’; sulted in such enplanement due to charter ar- projects (iii) by striking ‘‘total amount made available rangements and payment by the United States ‘‘(a) IN GENERAL.—The Secretary and the Ad- under section 48103’’ in subsections (c)(2)(C), Department of Defense.’’. ministrator of the Environmental Protection (d)(3), and (e)(4) and inserting ‘‘amount subject SEC. 508. LOW-EMISSION AIRPORT VEHICLES AND Agency shall jointly agree on how to assure that to apportionment’’; INFRASTRUCTURE. airport sponsors receive appropriate emission (iv) by striking ‘‘each fiscal year’’ in sub- (a) PURPOSE.—The purpose of this section is credits for projects described in sections section (c)(2)(A); and to permit the use of funds made available under 40117(a)(3)(G), 47102(3)(K), or 47102(3)(L) of this

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 S7896 CONGRESSIONAL RECORD — SENATE June 13, 2003 title. The agreement must, at a minimum, in- gible under this pilot program by considering re- be necessary to carry out this section for the 4 clude provisions to ensure that— maining equipment useful life, amounts of emis- fiscal year period beginning with fiscal year ‘‘(1) the credits will be consistent with the sion reduction in relation to the cost of projects, 2004. Clean Air Act (42 U.S.C. 7402 et seq.); and other factors necessary to carry out this SEC. 512. AIR TRAFFIC CONTROL COLLEGIATE ‘‘(2) credits generated by the emissions reduc- section. The Secretary may give priority to TRAINING INITIATIVE. tions in criteria pollutants are kept by the air- ground support equipment owned by the airport The Secretary of Transportation may use, port sponsor and may be used for purposes of and used for airport purposes. from funds available to the Secretary and not any current or future general conformity deter- ‘‘(f) ELIGIBLE EQUIPMENT DEFINED.—For pur- otherwise obligated or expended, such sums as mination or as offsets under the New Source Re- poses of this section, the term ‘eligible equip- may be necessary to carry out and expand the view program; ment’ means ground service or maintenance Air Traffic Control Collegiate Training Initia- ‘‘(3) there is national consistency in the way equipment that— tive. credits are calculated and are provided to air- ‘‘(1) is located at the airport; SEC. 513. AIR TRANSPORTATION OVERSIGHT SYS- ports; ‘‘(2) used to support aeronautical and related TEM PLAN. ‘‘(4) credits are provided to airport sponsors in activities on the airport; and (a) IN GENERAL.—Within 90 days after the a timely manner; and ‘‘(3) will remain in operation at the airport.’’. date of enactment of this Act, the Administrator ‘‘(5) there is a method by which the Secretary (2) CONFORMING AMENDMENT.—The chapter of the Federal Aviation Administration shall can be assured that, for any specific project for analysis for chapter 471 is further amended by transmit to the Senate Committee on Commerce, which funding is being requested, the appro- inserting after the item relating to section 47139 Science, and Transportation and the House of priate credits will be granted. the following: Representatives Committee on Transportation ‘‘(b) ASSURANCE OF RECEIPT OF CREDITS.— ‘‘47140. Airport ground support equipment emis- and Infrastructure an action plan, with an im- ‘‘(1) IN GENERAL.—As a condition for making sions retrofit pilot program.’’. plementation schedule— a grant for a project described in section SEC. 509. LOW-EMISSION AIRPORT VEHICLES AND (1) to provide adequate oversight of repair sta- 47102(3)(K), 47102(3)(L), or 47140 of this title, or GROUND SUPPORT EQUIPMENT. tions (known as Part 145 repair stations) and as a condition for granting approval to collect Section 40117(a)(3) is amended by inserting at ensure that Administration-approved repair sta- or use a passenger facility fee for a project de- the end the following: tions outside the United States are subject to the scribed in sections 40117(a)(3)(G), 47102(3)(K), ‘‘(G) A project for the acquisition or conver- same level of oversight and quality control as 47102(3)(L), or 47140 of this title, the Secretary sion of ground support equipment or airport- those located in the United States; and must receive assurance from the State in which owned vehicles used at a commercial service air- (2) for addressing problems with the Air the project is located, or from the Administrator port with, or to, low-emission technology or Transportation Oversight System that have been of the Environmental Protection Agency where cleaner burning conventional fuels, or the retro- identified in reports by the Comptroller General there is a Federal Implementation Plan, that the fitting of such equipment or vehicles that are and the Inspector General of the Department of airport sponsor will receive appropriate emission powered by a diesel or gasoline engine with Transportation. credits in accordance with the conditions of this emission control technologies certified or verified (b) PLAN REQUIREMENTS.—The plan trans- subsection. by the Environmental Protection Agency to re- mitted by the Administrator under subsection ‘‘(2) CREDITS FOR CERTAIN EXISTING duce emissions, if the airport is located in an air (a)(2) shall set forth the action the Administra- PROJECTS.—The Secretary and the Adminis- quality nonattainment or maintenance area (as tion will take under the plan— trator of the Environmental Protection Agency defined in sections 171(2) and 175(A) of the (1) to develop specific, clear, and meaningful shall jointly agree on how to provide emission Clean Air Act (42 U.S.C. 7501(2), 7505a), and if inspection checklists for the use of Administra- credits to projects previously approved under such project will result in an airport receiving tion aviation safety inspectors and analysts; section 47136 of this title during fiscal years 2001 appropriate emission credits as described in sec- (2) to provide adequate training to Adminis- through 2003, under terms consistent with this tion 47139 of this title. The Secretary, in con- tration aviation safety inspectors in system safe- section.’’. sultation with the Administrator of the Environ- ty concepts, risk analysis, and auditing; (2) CONFORMING AMENDMENT.—The chapter mental Protection Agency, shall issue guidance (3) to ensure that aviation safety inspectors analysis for chapter 471 is amended by inserting for eligible projects and for how benefits must be with the necessary qualifications and experience after the item relating to section 47138 the fol- demonstrated. The eligible cost is limited to the are physically located where they can satisfy lowing: incremental amount that exceeds the cost of ac- the most important needs; ‘‘47139. Emission credits for air quality quiring other vehicles or equipment that are not (4) to establish strong national leadership for projects.’’. low-emission and would be used for the same the Air Transportation Oversight System and to (e) AIRPORT GROUND SUPPORT EQUIPMENT purpose, or to the cost of low-emission retro- ensure that the System is implemented consist- EMISSIONS RETROFIT PILOT PROGRAM.— fitting. For purposes of this paragraph, the term ently across Administration field offices; and (1) IN GENERAL.—Subchapter I of chapter 471 ‘‘ground support equipment’’ means service and (5) to extend the Air Transportation Oversight is further amended by adding at the end the fol- maintenance equipment used at an airport to System beyond the 10 largest air carriers, so it lowing: support aeronautical operations and related ac- governs oversight of smaller air carriers as well. ‘‘§ 47140. Airport ground support equipment tivities.’’. SEC. 514. NATIONAL SMALL COMMUNITY AIR SERVICE DEVELOPMENT OMBUDS- emissions retrofit pilot program SEC. 510. PACIFIC EMERGENCY DIVERSION AIR- MAN. N ENERAL PORT. ‘‘(a) I G .—The Secretary of Transpor- (a) IN GENERAL.—Subchapter II of chapter (a) IN GENERAL.—The Secretary of Transpor- tation shall carry out a pilot program at not 417, as amended by section 353 of this Act, is tation shall enter into a memorandum of under- more than 10 commercial service airports under amended by adding at the end the following: which the sponsors of such airports may use an standing with the Secretaries of Defense, the In- amount subject to apportionment to retrofit ex- terior, and Homeland Security to facilitate the ‘‘§ 41746. National Small Community Air Serv- isting eligible airport ground support equipment sale of aircraft fuel on Midway Island, so that ice Development Ombudsman which burns conventional fuels to achieve lower the revenue from the fuel sales can be used to ‘‘(a) ESTABLISHMENT.—There is established in emissions utilizing emission control technologies operate Midway Island Airport in accordance the Department of Transportation the position certified or verified by the Environmental Pro- with Federal Aviation Administration airport of National Small Community Air Service Om- tection Agency. standards. The memorandum shall also address budsman (in this section referred to as the ‘Om- ‘‘(b) LOCATION IN AIR QUALITY NONATTAIN- the long term potential for promoting tourism as budsman’). The Secretary of Transportation MENT OR MAINTENANCE AREAS.—A commercial a means of generating revenue to operate the shall appoint the Ombudsman. The Ombudsman service airport shall be eligible for participation airport. shall report to the Secretary. in the pilot program only if the airport is lo- (b) NAVIGATIONAL AIDS.—The Administrator ‘‘(b) PURPOSE.—The Ombudsman, in consulta- cated in an air quality nonattainment or main- of the Federal Aviation Administration may tion with officials from small communities in the tenance area (as defined in sections 171(2) and support and be responsible for maintaining all United States, State aviation agencies, and 175(A) of the Clean Air Act (42 U.S.C. 7501(2), aviation-related navigational aids at Midway State and local economic development agencies, 7505a)). Island Airport. shall develop strategies for retaining and en- ‘‘(c) SELECTION CRITERIA.—In selecting appli- SEC. 511. GULF OF MEXICO AVIATION SERVICE IM- hancing the air service provided to small com- cants for participation in the pilot program, the PROVEMENTS. munities in the United States. Secretary shall give priority consideration to ap- (a) IN GENERAL.—The Secretary of Transpor- ‘‘(c) OUTREACH.—The Ombudsman shall so- plicants that will achieve the greatest air qual- tation may develop and carry out a program de- licit and receive comments from small commu- ity benefits measured by the amount of emis- signed to expand and improve the safety, effi- nities regarding strategies for retaining and en- sions reduced per dollar of funds expended ciency, and security of— hancing air service, and shall act as a liaison under the pilot program. (1) air traffic control services provided to between the communities and Federal agencies ‘‘(d) MAXIMUM AMOUNT.—Not more than aviation in the Gulf of Mexico area; and for the purpose of developing such strategies.’’ $500,000 may be expended under the pilot pro- (2) aviation-related navigational, low altitude (b) CONFORMING AMENDMENT.—The chapter gram at any single commercial service airport. communications and surveillance, and weather analysis for chapter 417 is amended by inserting ‘‘(e) GUIDELINES.—The Secretary, in consulta- services in that area. after the item relating to section 47145 the fol- tion with the Administrator of the Environ- (b) AUTHORIZATION OF APPROPRIATIONS.— lowing: mental Protection Agency, shall establish guide- There are authorized to be appropriated to the ‘‘47146. National small community air service de- lines regarding the types of retrofit projects eli- Secretary of Transportation such sums as may velopment ombudsman.’’.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.023 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7897 SEC. 515. NATIONAL COMMISSION ON SMALL sonnel of that department or agency to the Com- ‘‘(3) ‘aircraft manufacturer’ means any com- COMMUNITY AIR SERVICE. mission to assist it in carrying out its duties pany or other business entity the majority own- (a) ESTABLISHMENT.—There is established a under this section. ership and control of which is by United States commission to be known as the ‘‘National Com- (3) OTHER STAFF AND SUPPORT.—Upon the re- citizens that manufactures aircraft or aircraft mission on Small Community Air Service’’ (in quest of the Commission, or a panel of the Com- engines.’’. this section referred to as the ‘‘Commission’’). mission, the Secretary shall provide the Commis- (2) COVERAGE.—Section 44303(a) is amended (b) MEMBERSHIP.— sion or panel with professional and administra- by adding at the end the following: (1) COMPOSITION.—The Commission shall be tive staff and other support, on a reimbursable ‘‘(6) war and terrorism losses or damages of an composed of 9 members of whom— basis, to assist the Commission or panel in car- aircraft manufacturer arising from the oper- (A) 3 members shall be appointed by the Sec- rying out its responsibilities. ation of an aircraft by an air carrier.’’. retary; (i) OBTAINING OFFICIAL DATA.—The Commis- SEC. 518. GROUND-BASED PRECISION NAVIGA- (B) 2 members shall be appointed by the Ma- sion may secure directly from any department or TIONAL AIDS. jority Leader of the Senate; agency of the United States information (other (a) IN GENERAL.—The Secretary of Transpor- (C) 1 member shall be appointed by the Minor- than information required by any statute of the tation may establish a program for the installa- ity Leader of the Senate; United States to be kept confidential by such de- tion, operation, and maintenance of ground- (D) 2 members shall be appointed by the partment or agency) necessary for the Commis- based precision navigational aids for terrain- Speaker of the House of Representatives; and sion to carry out its duties under this section. challenged airports. The program shall include (E) 1 member shall be appointed by the Minor- Upon request of the Chairperson, the head of provision for— ity Leader of the House of Representatives. that department or agency shall furnish such (1) preventative and corrective maintenance (2) QUALIFICATIONS.—Of the members ap- nonconfidential information to the Commission. for the life of each system of such aids; and pointed by the Secretary under paragraph (j) TERMINATION.—The Commission shall ter- (2) requisite staffing and resources for the (1)(A)— minate on the 30th day following the date of Federal Aviation Administration’s efficient (A) 1 member shall be a representative of a re- transmittal of the report under subsection (f). maintenance of the program. gional airline; (k) APPLICABILITY OF THE FEDERAL ADVISORY (b) AUTHORIZATION OF APPROPRIATIONS.— (B) 1 member shall be a representative of an COMMITTEE ACT.—The Federal Advisory Com- There are authorized to be appropriated to the FAA-designated small-hub airport; and mittee Act (5 U.S.C. App.) shall not apply to the Secretary of Transportation to carry out the (C) 1 member shall be a representative of a Commission. program established under subsection (a) such State aviation agency. (l) AUTHORIZATION OF APPROPRIATIONS.— sums as may be necessary. There are authorized to be appropriated to the (3) TERMS.—Members shall be appointed for SEC. 519. STANDBY POWER EFFICIENCY PRO- the life of the Commission. Secretary of Transportation $250,000 to be used GRAM. (4) VACANCIES.—A vacancy in the Commission to fund the Commission. (a) ESTABLISHMENT.—The Secretary of Trans- shall be filled in the manner in which the origi- SEC. 516. TRAINING CERTIFICATION FOR CABIN portation, in cooperation with the Secretary of nal appointment was made. CREW. Energy and, where applicable, the Secretary of (5) TRAVEL EXPENSES.—Members shall serve Section 44935 is amended by adding at the end Defense, may establish a program to improve the without pay but shall receive travel expenses, the following: efficiency, cost-effectiveness, and environmental ‘‘(g) TRAINING STANDARDS FOR CABIN CREW.— including per diem in lieu of subsistence, in ac- performance of standby power systems at Fed- ‘‘(1) IN GENERAL.—The Administrator shall es- cordance with subchapter I of chapter 57 of title eral Aviation Administration sites, including the 5, United States Code. tablish standards for cabin crew training, con- sistent with the Homeland Security Act of 2002, implementation of fuel cell technology. (c) CHAIRPERSON.—The Secretary shall des- UTHORIZATION OF APPROPRIATIONS.— and the issuance of certification. The Adminis- (b) A ignate, from among the individuals appointed There are authorized to be appropriated to the trator shall require cabin crew members to com- under subsection (b)(1), an individual to serve Secretary of Transportation such sums as may plete a cabin crew training courses approved by as Chairperson of the Commission. be necessary for each of fiscal years 2004 the Federal Aviation Administration and the (d) DUTIES.— through 2008 to carry out the provisions of this Transportation Security Administration. (1) STUDY.—The Commission shall undertake section. a study of— ‘‘(2) CERTIFICATION.— SEC. 520. CERTAIN INTERIM AND FINAL RULES. (A) the challenges faced by small communities ‘‘(A) IN GENERAL.—The Administrator shall Notwithstanding section 141(d)(1) of the Avia- in the United States with respect to retaining provide for the issuance of an appropriate cer- tion and Transportation Security Act (49 U.S.C. and enhancing their scheduled commercial air tificate to each individual who successfully com- 44901 note), section 45301(b)(1)(B) of title 49, service; and pletes such a course. (B) whether the existing Federal programs ‘‘(B) CONTENTS.—The cabin crew certificate United States Code, as amended by section charged with helping small communities are shall— 119(d) of that Act, is deemed to apply to, and to ‘‘(i) be numbered and recorded by the Admin- adequate for them to retain and enhance their have been in effect with respect to, the author- istrator of the Federal Aviation Administration; existing air service. ity of the Administrator of the Federal Aviation ‘‘(ii) contain the name, address, and descrip- Administration with respect to the Interim Final SSENTIAL AIR SERVICE COMMUNITIES.—In (2) E tion of the individual to whom the certificate is conducting the study, the Commission shall pay Rule and Final Rule issued by the Adminis- issued; and particular attention to the state of scheduled trator on May 30, 2000, and August 13, 2001, re- ‘‘(iii) contain the name of the current air car- spectively. commercial air service in communities currently rier employer of the certificate holder; served by the Essential Air Service program. SEC. 521. AIR FARES FOR MEMBERS OF ARMED ‘‘(iv) contain terms the Administrator deter- FORCES. (e) RECOMMENDATIONS.—Based on the results mines are necessary to ensure safety in air com- of the study under subsection (d), the Commis- It is the sense of the Senate that each United merce, including terms that the certificate shall States air carrier should— sion shall make such recommendations as it con- remain valid unless the Administrator suspends siders necessary to— (1) make every effort to allow active duty or revokes the certificate; and members of the Armed Forces to purchase tick- (1) improve the state of scheduled commercial ‘‘(v) designate the type and model of aircraft ets, on a space-available basis, for the lowest air service at small communities in the United on which the certificate holder cabin crew mem- fares offered for the flights desired, without re- States, especially communities described in sub- ber has successfully completed all Federal Avia- gard to advance purchase requirements and section (d)(2); and tion Administration and Transportation Secu- (2) improve the ability of small communities to other restrictions; and rity Administration required training in order to (2) offer flexible terms that allow members of retain and enhance their existing air service. be assigned duties on board such type and (f) REPORT.—Not later than 6 months after the the Armed Forces on active duty to purchase, model of aircraft. modify, or cancel tickets without time restric- date on which initial appointments of members ‘‘(3) CABIN CREW DEFINED.—In this subsection, tions, fees, or penalties. to the Commission are completed, the Commis- the term ‘cabin crew’ means individuals working sion shall transmit to the President and Con- in an aircraft cabin on board a transport cat- SEC. 522. MODIFICATION OF REQUIREMENTS RE- gress a report on the activities of the Commis- GARDING TRAINING TO OPERATE egory aircraft with 20 or more seats.’’. AIRCRAFT. sion, including recommendations made by the SEC. 517. AIRCRAFT MANUFACTURER INSURANCE. (a) IN GENERAL.—Section 44939 of title 49, Commission under subsection (e). (a) IN GENERAL.—Section 44302(f) is amended United States Code, is amended to read as fol- (g) COMMISSION PANELS.—The Chairperson by adding at the end the following: lows: shall establish such panels consisting of mem- ‘‘(3) AIRCRAFT MANUFACTURERS.—The Sec- bers of the Commission as the Chairperson de- retary may offer to provide war and terrorism ‘‘§ 44939. Training to operate certain aircraft termines appropriate to carry out the functions insurance to aircraft manufacturers for loss or ‘‘(a) IN GENERAL.— of the Commission. damage arising from the operation of an aircraft ‘‘(1) WAITING PERIOD.—A person subject to (h) COMMISSION PERSONNEL MATTERS.— by an air carrier, in excess of $50,000,000 in the regulation under this part may provide training (1) STAFF.—The Commission may appoint and aggregate or in excess of such other amounts of in the United States in the operation of an air- fix the pay of such personnel as it considers ap- available primary insurance, on such terms and craft to an individual who is an alien (as de- propriate. conditions as the Secretary may prescribe.’’. fined in section 101(a)(3) of the Immigration and (2) STAFF OF FEDERAL AGENCIES.—Upon re- (b) CONFORMING AMENDMENTS.— Nationality Act (8 U.S.C. 1101(a)(3))) or to any quest of the Chairperson, the head of any de- (1) DEFINITION OF AIRCRAFT MANUFACTURER.— other individual specified by the Under Sec- partment or agency of the United States may de- Section 44301 is amended by adding at the end retary of Homeland Security for Border and tail, on a reimbursable basis, any of the per- the following: Transportation Security only if—

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.024 S13PT1 S7898 CONGRESSIONAL RECORD — SENATE June 13, 2003 ‘‘(A) that person has notified the Under Sec- ing such training presents a risk to aviation or (2) the notice, study, and comment provisions retary that the individual has requested such national security, the Under Secretary shall im- of subchapter II of chapter 475 of title 49, training and furnished the Under Secretary mediately notify the person providing the train- United States Code, and part 161 of title 14, with that individual’s identification in such ing of the determination and that person shall Code of Federal Regulations, shall not apply to form as the Under Secretary may require; and immediately terminate the training. the imposition of the restrictions; ‘‘(B) the Under Secretary has not directed, ‘‘(c) COVERED TRAINING.—For purposes of (3) the imposition of the restrictions shall not within 30 days after being notified under sub- subsection (a), the term ‘training’— affect the Airport’s eligibility to receive a grant paragraph (A), that person not to provide the ‘‘(1) includes in-flight training, training in a under title 49, United States Code; and requested training because the Under Secretary simulator, and any other form or aspect of (4) the restrictions shall not be deemed to be has determined that the individual presents a training; but unreasonable, discriminatory, a violation of the risk to aviation security or national security. ‘‘(2) does not include classroom instruction assurances required by section 47107(a) of title ‘‘(2) NOTIFICATION-ONLY INDIVIDUALS.— (also known as ground school training), which 49, United States Code, or an undue burden on ‘‘(A) IN GENERAL.—The requirements of para- may be provided during the 30-day period de- interstate commerce. graph (1) shall not apply to an alien individual scribed in subsection (a)(1)(B). (b) DEFINITIONS.—In this section, the terms who holds a visa issued under title I of the Im- ‘‘(d) INTERAGENCY COOPERATION.—The Attor- ‘‘Stage 2 aircraft’’ and ‘‘Stage 3 aircraft’’ have migration and Nationality Act (8 U.S.C. 1101 et ney General, the Director of Central Intel- the same meaning as those terms have in chap- ligence, and the Administrator of the Federal seq.) and who— ter 475 of title 49, United States Code. ‘‘(i) has earned a Federal Aviation Adminis- Aviation Administration shall cooperate with the Under Secretary in implementing this sec- SEC. 524. DISTANCE REQUIREMENT APPLICABLE tration type rating in an aircraft or has under- TO ELIGIBILITY FOR ESSENTIAL AIR gone type-specific training, or tion. SERVICE SUBSIDIES. ‘‘(e) SECURITY AWARENESS TRAINING FOR EM- ‘‘(ii) holds a current pilot’s license or foreign (a) MEASUREMENT OF HIGHWAY MILEAGE FOR PLOYEES.—The Under Secretary shall require equivalent commercial pilot’s license that per- PURPOSES OF DETERMINING ELIGIBILITY FOR ES- flight schools to conduct a security awareness mits the person to fly an aircraft with a max- SENTIAL AIR SERVICE SUBSIDIES.— program for flight school employees, and for cer- imum certificated takeoff weight of more than (1) DETERMINATION OF ELIGIBILITY.—Sub- tified instructors who provide instruction for the 12,500 pounds as defined by the International chapter II of Chapter 417 of title 49, United flight school but who are not employees thereof, Civil Aviation Organization in Annex 1 to the States Code, is amended by adding at the end to increase their awareness of suspicious cir- Convention on International Civil Aviation, the following new section: cumstances and activities of individuals enroll- if the person providing the training has notified ing in or attending flight school.’’. ‘‘§ 41746. Distance requirement applicable to the Under Secretary that the individual has re- (b) PROCEDURES.— eligibility for essential air service subsidies quested such training and furnished the Under (1) IN GENERAL.—Not later than 60 days after ‘‘(a) IN GENERAL.—The Secretary shall not Secretary with that individual’s visa informa- the date of enactment of this Act, the Under provide assistance under this subchapter with tion. Secretary of Homeland Security for Border and respect to a place in the 48 contiguous States ‘‘(B) EXCEPTION.—Subparagraph (A) does not Transportation Security shall promulgate an in- that— apply to an alien individual whose airman’s cer- terim final rule to implement section 44939 of ‘‘(1) is less than 70 highway miles from the tificate has been suspended or revoked under title 49, United States Code, as amended by sub- nearest hub airport; or procedures established by the Under Secretary. section (a). ‘‘(2) requires a rate of subsidy per passenger ‘‘(3) EXPEDITED PROCESSING.—The waiting pe- (2) USE OF OVERSEAS FACILITIES.—In order to in excess of $200, unless such place is greater riod under paragraph (1) shall be expedited for implement section 44939 of title 49, United States than 210 highway miles from the nearest hub an individual who— Code, as amended by subsection (a), United airport. ‘‘(A) has previously undergone a background States Embassies and Consulates that possess ‘‘(b) DETERMINATION OF MILEAGE.—For pur- records check by the Foreign Terrorist Tracking appropriate fingerprint collection equipment poses of Lancaster, Pennsylvania, the highway Task Force; and personnel certified to capture fingerprints mileage between a place and the nearest hub ‘‘(B) is employed by a foreign air carrier cer- shall provide fingerprint services to aliens cov- airport is the highway mileage of the most com- tified under part 129 of title 49, Code of Federal ered by that section if the Under Secretary re- monly used route between the place and the hub Regulations, that has a TSA 1546 approved se- quires fingerprints in the administration of that airport. In identifying such route, the Secretary curity program and who is undergoing recurrent section, and shall transmit the fingerprints to shall— flight training; the Under Secretary or other agency designated ‘‘(1) promulgate by regulation a standard for ‘‘(C) is a foreign military pilot endorsed by the by the Under Secretary. The Attorney General calculating the mileage between Lancaster, United States Department of Defense for flight and the Secretary of State shall cooperate with Pennsylvania and a hub airport; and training; or the Under Secretary in carrying out this para- ‘‘(2) identify the most commonly used route ‘‘(D) who has unescorted access to a secured graph. for a community by— area of an airport designated under section (3) USE OF UNITED STATES FACILITIES.—If the ‘‘(A) consulting with the Governor of a State 44936(a)(1)(A)(ii). Under Secretary requires fingerprinting in the or the Governor’s designee; and ‘‘(4) INVESTIGATION AUTHORITY.—In order to administration of section 44939 of title 49, ‘‘(B) considering the certification of the Gov- determine whether an individual requesting United States Code, the Under Secretary may ernor of a State or the Governor’s designee as to training described in paragraph (1) presents a designate locations within the United States the most commonly used route.’’. risk to aviation security or national security the that will provide fingerprinting services to indi- (2) CONFORMING AMENDMENT.—The analysis Under Secretary is authorized to use the em- viduals covered by that section. for subchapter II of chapter 417 of title 49, ployment investigation authority provided by (c) EFFECTIVE DATE.—The amendment made United States Code, is amended by inserting section 44936(a)(1)(A) for individuals applying by subsection (a) takes effect on the effective after the item relating to section 41745 the fol- for a position in which the individual has date of the interim final rule required by sub- lowing new item: unescorted access to a secured area of an air- section (b)(1). port designated under section 44936(a)(1)(A)(ii). (d) REPORT.—Not later than 1 year after the ‘‘41746. Distance requirement applicable to eli- ‘‘(5) FEE.— date of enactment of this Act, the Secretary of gibility for essential air service ‘‘(A) IN GENERAL.—The Under Secretary may Homeland Security shall submit to the Senate subsidies.’’. assess a fee for an investigation under this sec- Committee on Commerce, Science, and Transpor- (b) REPEAL.—The following provisions of law tion, which may not exceed $100 per individual tation and the House of Representatives Com- are repealed: (exclusive of the cost of transmitting finger- mittee on Transportation and Infrastructure a (1) Section 332 of the Department of Transpor- prints collected at overseas facilities) during fis- report on the effectiveness of the activities car- tation and Related Agencies Appropriations Act, cal years 2003 and 2004. For fiscal year 2005 and ried out under section 44939 of title 49, United 2000 (49 U.S.C. 41731 note). thereafter, the Under Secretary may adjust the States Code, in reducing risks to aviation secu- (2) Section 205 of the Wendell H. Ford Avia- maximum amount of the fee to reflect the costs rity and national security. tion Investment and Reform Act for the 21st of such an investigation. SEC. 523. EXEMPTION FOR JACKSON HOLE AIR- Century (49 U.S.C. 41731 note). ‘‘(B) OFFSET.—Notwithstanding section 3302 PORT. (3) Section 334 of the Department of Transpor- of title 31, United States Code, any fee collected (a) IN GENERAL.—Notwithstanding chapter tation and Related Agencies Appropriations Act, under this section— 475 of title 49, United States Code, or any other 1999 (section 101(g) of division A of the Omnibus ‘‘(i) shall be credited to the account in the provision of law, if the Board of the Jackson Consolidated and Emergency Supplemental Ap- Treasury from which the expenses were incurred Hole Airport in Wyoming and the Secretary of propriations Act, 1999) (Public Law 105–277; 112 and shall be available to the Under Secretary the Interior agree that Stage 3 aircraft tech- Stat. 2681–471). for those expenses; and nology represents a prudent and feasible tech- (c) SECRETARIAL REVIEW.— ‘‘(ii) shall remain available until expended. nological advance which, if implemented at the (1) REQUEST FOR REVIEW.—Any community ‘‘(b) INTERRUPTION OF TRAINING.—If the Jackson Hole Airport, will result in a reduction with respect to which the Secretary has, be- Under Secretary, more than 30 days after receiv- in noise at Grand Teton National Park— tween September 30, 1993, and the date of the ing notification under subsection (a)(1)(A) from (1) the Jackson Hole Airport may impose re- enactment of this Act, eliminated subsidies or a person providing training described in sub- strictions on, or prohibit, the operation of Stage terminated subsidy eligibility under section 332 section (a)(1) or at any time after receiving no- 2 aircraft weighing less than 75,000 pounds, of the Department of Transportation and Re- tice from such a person under subsection with reasonable exemptions for public health lated Agencies Appropriations Act, 2000 (49 (a)(2)(A), determines that an individual receiv- and safety; U.S.C. 41731 note), section 205 of the Wendell H.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.024 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7899 Ford Aviation Investment and Reform Act for (1) the travel agent arbiter program; and (3) The United States has revolutionized the the 21st Century (49 U.S.C. 41731 note), or any (2) the special box on tickets for agents to in- way people travel, developing new technologies prior law of similar effect, may request the Sec- clude their service fee charges. and aircraft to move people more efficiently and retary to review such action. (b) CONSULTATION.—In preparing this report, more safely. (2) ELIGIBILITY DETERMINATION.—Not later the Secretary shall consult with representatives (4) Past Federal investment in aeronautics re- than 60 days after receiving a request under from the airline and travel agent industry. search and development have benefited the subsection (i), the Secretary shall— SEC. 527. PASS-THROUGH OF REFUNDED PAS- economy and national security of the United (A) determine whether the community would SENGER SECURITY FEES TO CODE- States and the quality of life of its citizens. have been subject to such elimination of sub- SHARE PARTNERS. (5) The total impact of civil aviation on the sidies or termination of eligibility under the dis- (a) IN GENERAL.—Within 30 days after the United States economy exceeds $900,000,000,000 tance requirement enacted by the amendment date of enactment of this Act, each United annually—9 percent of the gross national prod- made by subsection (g) of this bill to subchapter States flag air carrier that received a payment uct—and 11 million jobs in the national work- II of chapter 417 of title 49, United States Code; made under the second proviso of first appro- force. Civil aviation products and services gen- and priation in title IV of the Emergency Wartime erate a significant surplus for United States (B) issue a final order with respect to the eli- Supplemental Appropriations Act, 2003 (Pub. L. trade accounts, and amount to significant num- gibility of such community for essential air serv- 108–011; 117 Stat. 604) shall transfer to each air bers of America’s highly skilled, technologically ice subsidies under subchapter II of chapter 417 carrier with which it had a code-share arrange- qualified work force. of title 49, United States Code, as amended by ment during the period covered by the passenger (6) Aerospace technologies, products and serv- this Act. security fees remitted under that proviso an ices underpin the advanced capabilities of our SEC. 525. REIMBURSEMENT FOR LOSSES IN- amount equal to that portion of the remittance men and women in uniform and those charged CURRED BY GENERAL AVIATION EN- under the proviso that was attributable to pas- with homeland security. TITIES. senger security fees paid or collected by that (7) Future growth in civil aviation increas- (a) IN GENERAL.—The Secretary of Transpor- code-share air carrier and taken into account in ingly will be constrained by concerns related to tation may make grants to reimburse the fol- determining the amount of the payment to the aviation system safety and security, aviation lowing general aviation entities for economic United States flag air carrier. system capabilities, aircraft noise, emissions, losses as a result of the restrictions imposed by (b) DOT INSPECTOR GENERAL OVERSIGHT.— and fuel consumption. the Federal Government following the terrorist The Inspector General of the Department of (8) The United States is in danger of losing its attacks on the United States that occurred on Transportation shall review the compliance of aerospace leadership to international competi- September 11, 2001: United States flag air carriers with subsection tors aided by persistent government interven- (1) General aviation entities that operate at (a), including determinations of amounts, deter- tion. Many governments take their funding be- Ronald Reagan Washington National Airport. minations of eligibility of code-share air car- (2) Airports that are located within 15 miles of yond basic technology development, choosing to riers, and transfers of funds to such air carriers Ronald Reagan Washington National Airport fund product development and often bring the under subsection (a). and were operating under security restrictions product to market, even if the products are not (c) CERTIFICATION.—The chief executive offi- on the date of enactment of this Act and general fully commercially viable. Moreover, inter- cer of each United States flag air carrier to aviation entities operating at those airports. national competitors have recognized the impor- (3) Any other general aviation entity that is which subsection (a) applies shall certify to the tance of noise, emission, fuel consumption, and prevented from doing business or operating by Under Secretary of Homeland Security for Bor- constraints of the aviation system and have es- an action of the Federal Government prohibiting der and Transportation Security, under penalty tablished aggressive agendas for addressing access to airspace by that entity. of perjury, the air carrier’s compliance with sub- each of these concerns. (b) DOCUMENTATION.—Reimbursement under section (a). (9) Efforts by the European Union, through a this section shall be made in accordance with SEC. 528. AIR CARRIER CITIZENSHIP. variety of means, will challenge the United sworn financial statements or other appropriate Section 40102(a)(15)(C) of title 49, United States’ leadership position in aerospace. A re- data submitted by each general aviation entity States Code, is amended by inserting ‘‘which is cent report outlined the European Union’s goal demonstrating the costs incurred and revenue under the actual control of citizens of the of becoming the world’s leader in aviation and foregone to the satisfaction of the Secretary. United States,’’ before ‘‘and in which’’. aeronautics by the end of 2020, utilizing better (c) GENERAL AVIATION ENTITY DEFINED.—In SEC. 529. UNITED STATES PRESENCE IN GLOBAL coordination among research programs, plan- this section, the term ‘‘general aviation entity’’ AIR CARGO INDUSTRY. ning, and funding to accomplish this goal. means any person (other than a scheduled air Section 41703 is amended by adding at the end (10) Revitalization and coordination of the carrier or foreign air carrier, as such terms are the following new subsection: United States’ efforts to maintain its leadership defined in section 40102 of title 49, United States ‘‘(e) CARGO IN ALASKA.— in aviation and aeronautics are critical and Code) that— ‘‘(1) IN GENERAL.—For the purposes of sub- must begin now. (1) operates nonmilitary aircraft under part 91 section (c), eligible cargo taken on or off any (11) A recent report by the Commission on the of title 14, Code of Federal Regulations, for the aircraft at a place in Alaska in the course of Future of the United States Aerospace Industry purpose of conducting its primary business; transportation of that cargo by any combination outlined the scope of the problems confronting (2) provides services necessary for nonmilitary of 2 or more air carriers or foreign air carriers the aerospace and aviation industries in the operations under such part 91; or in either direction between a place in the United United States and found that— (3) operates an airport, other than a primary States and a place outside the United States (A) Aerospace will be at the core of America’s airport (as such terms are defined in such sec- shall not be deemed to have broken its inter- leadership and strength throughout the 21st tion 40102), that— national journey in, be taken on in, or be des- century; (A) is listed in the national plan of integrated tined for Alaska. (B) Aerospace will play an integral role in our airport systems developed by the Federal Avia- ‘‘(2) ELIGIBLE CARGO.—For purposes of para- economy, our security, and our mobility; and tion Administration under section 47103 of such graph (1), the term ‘eligible cargo’ means cargo (C) global leadership in aerospace is a na- title; or transported between Alaska and any other place tional imperative. (B) is normally open to the public, is located in the United States on a foreign air carrier (12) Despite the downturn in the global econ- within the confines of enhanced class B air- (having been transported from, or thereafter omy, Federal Aviation Administration projec- space (as defined by the Federal Aviation Ad- being transported to, a place outside the United tions indicate that upwards of 1 billion people ministration in Notice to Airmen FDC 1/0618), States on a different air carrier or foreign air will fly annually by 2013. Efforts must begin and was closed as a result of an order issued by carrier) that is carried— now to prepare for future growth in the number the Federal Aviation Administration in the pe- ‘‘(A) under the code of a United States air of airline passengers. riod beginning September 11, 2001, and ending carrier providing air transportation to Alaska; (13) The United States must increase its in- January 1, 2002, and remained closed as a result ‘‘(B) on an air carrier way bill of an air car- vestment in research and development to revi- of that order on January 1, 2002. rier providing air transportation to Alaska; talize the aviation and aerospace industries, to Such term includes fixed based operators, per- ‘‘(C) under a term arrangement or block space create jobs, and to provide educational assist- sons engaged in nonscheduled air taxi service or agreement with an air carrier; or ance and training to prepare workers in those aircraft rental. ‘‘(D) under the code of a United States air industries for the future. (d) AUTHORIZATION OF APPROPRIATIONS.— carrier for purposes of transportation within the (14) Current and projected levels of Federal There is authorized to be appropriated to carry United States.’’. investment in aeronautics research and develop- out this section $100,000,000. Such sums shall re- ment are not sufficient to address concerns re- main available until expended. TITLE VI—SECOND CENTURY OF FLIGHT lated to the growth of aviation. SEC. 526. RECOMMENDATIONS CONCERNING SEC. 601. FINDINGS. TRAVEL AGENTS. The Congress finds the following: Subtitle A—The Office of Aerospace and (a) REPORT.—Not later than 6 months after (1) Since 1990, the United States has lost more Aviation Liaison the date of enactment of this Act, the Secretary than 600,000 aerospace jobs. SEC. 621. OFFICE OF AEROSPACE AND AVIATION of Transportation shall transmit to Congress a (2) Over the last year, approximately 100,000 LIAISON. report on any actions that should be taken with airline workers and aerospace workers have lost (a) ESTABLISHMENT.—There is established respect to recommendations made by the Na- their jobs as a result of the terrorist attacks in within the Department of Transportation an Of- tional Commission to Ensure Consumer Informa- the United States on September 11, 2001, and the fice of Aerospace and Aviation Liaison. tion and Choice in the Airline Industry on— slowdown in the world economy. (b) FUNCTION.—The Office shall—

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(1) coordinate aviation and aeronautics re- (1) IN GENERAL.—The Office shall develop a United States jet transport aircraft industry search programs to achieve the goal of more ef- next generation air traffic management system that— fective and directed programs that will result in plan for the United States that will— (1) describes the structural characteristics of applicable research; (A) transform the national airspace system to the United States and the European Union jet (2) coordinate goals and priorities and coordi- meet air transportation mobility, efficiency, and transport industries, and the markets for these nate research activities within the Federal Gov- capacity needs beyond those currently included industries; ernment with United States aviation and aero- in the Federal Aviation Administration’s oper- (2) examines the global market factors affect- nautical firms; ational evolution plan; ing the jet transport industries in the United (3) coordinate the development and utilization (B) result in a national airspace system that States and the European Union, such as pas- of new technologies to ensure that when avail- can safely and efficiently accommodate the senger and freight airline purchasing patterns, able, they may be used to their fullest potential needs of all users; the rise of low-cost carriers and point-to-point in aircraft and in the air traffic control system; (C) build upon current air traffic management service, the evolution of new market niches, and (4) facilitate the transfer of technology from and infrastructure initiatives; direct and indirect operating cost trends; research programs such as the National Aero- (D) improve the security, safety, quality, and (3) reviews government regulations in the nautics and Space Administration program es- affordability of aviation services; United States and the European Union that tablished under section 681 and the Department (E) utilize a system-of-systems, multi-agency have altered the competitive landscape for jet of Defense Advanced Research Projects Agency approach to leverage investments in civil avia- transport aircraft, such as airline deregulation, program to Federal agencies with operational tion, homeland security, and national security; certification and safety regulations, noise and responsibilities and to the private sector; (F) develop a highly integrated, secure archi- emissions regulations, government research and (5) review activities relating to noise, emis- tecture to enable common situational awareness development programs, advances in air traffic sions, fuel consumption, and safety conducted for all appropriate system users; and control and other infrastructure issues, cor- by Federal agencies, including the Federal (G) ensure seamless global operations for sys- porate and air travel tax issues, and industry Aviation Administration, the National Aero- tem users, to the maximum extent possible. consolidation strategies; nautics and Space Administration, the Depart- (2) MULTI-AGENCY AND STAKEHOLDER INVOLVE- (4) analyzes how changes in the global market ment of Commerce, and the Department of De- MENT.—In developing the system, the Office and government regulations have affected the fense; shall— (6) review aircraft operating procedures in- competitive position of the United States aero- (A) include staff from the Federal Aviation ` tended to reduce noise and emissions, identify space and aviation industry vis-a-vis the Euro- Administration, the National Aeronautics and pean Union aerospace and aviation industry; and coordinate research efforts on aircraft noise Space Administration, the Department of Home- and emissions reduction, and ensure that air- and land Security, the Department of Defense, the (5) describes any other significant develop- craft noise and emissions reduction regulatory Department of Commerce, and other Federal ments that affect the market for jet transport measures are coordinated; and agencies and departments determined by the (7) work with the National Air Traffic Man- aircraft. Secretary of Transportation to have an impor- SEC. 624. TRANSFER OF CERTAIN AIR TRAFFIC agement System Development Office to coordi- tant interest in, or responsibility for, other as- nate research needs and applications for the CONTROL FUNCTIONS PROHIBITED. pects of the system; and (a) IN GENERAL.—The Secretary of Transpor- next generation air traffic management system. (B) consult with, and ensure participation by, (c) PUBLIC-PRIVATE PARTICIPATION.—In car- tation may not authorize the transfer to a pri- the private sector (including representatives of rying out its functions under this section, the vate entity or to a public entity other than the general aviation, commercial aviation, and the Office shall consult with, and ensure participa- United States Government of— space industry), members of the public, and tion by, the private sector (including representa- (1) the air traffic separation and control func- other interested parties. tives of general aviation, commercial aviation, tions operated by the Federal Aviation Adminis- (3) DEVELOPMENT CRITERIA AND REQUIRE- and the space industry), members of the public, tration on the date of enactment of this Act; or MENTS.—In developing the next generation air and other interested parties. (2) the maintenance of certifiable systems and traffic management system plan under para- (d) REPORTING REQUIREMENTS.— other functions related to certification of na- (1) INITIAL STATUS REPORT.—Not later than 90 graph (1), the Office shall— tional airspace systems and services operated by days after the date of enactment of this Act, the (A) develop system performance requirements; the Federal Aviation Administration on the date Secretary of Transportation shall submit a re- (B) select an operational concept to meet sys- of enactment of this Act or flight service station port to the Senate Committee on Commerce, tem performance requirements for all system personnel. users; Science, and Transportation and the House of (b) CONTRACT TOWER PROGRAM.—Subsection (C) ensure integration of civil and military Representatives Committee on Transportation (a)(1) shall not apply to a Federal Aviation Ad- system requirements, balancing safety, security, and Infrastructure on the status of the estab- ministration air traffic control tower operated and efficiency, in order to leverage Federal lishment of the Office of Aerospace and Avia- under the contract tower program as of the date funding; tion Liaison, including the name of the program of enactment of this Act. (D) utilize modeling, simulation, and analyt- manager, the list of staff from each partici- ical tools to quantify and validate system per- Subtitle B—Technical Programs pating department or agency, names of the na- formance and benefits; SEC. 641. AEROSPACE AND AVIATION SAFETY tional team participants, and the schedule for (E) develop a transition plan, including nec- WORKFORCE INITIATIVE. future actions. essary regulatory aspects, that ensures oper- (a) IN GENERAL.—The Administrator of the (2) PLAN.—The Office shall submit to the Sen- National Aeronautics and Space Administration ate Committee on Commerce, Science, and ational achievability for system operators; (F) develop transition requirements for ongo- and the Administrator of the Federal Aviation Transportation and the House of Representa- ing modernization programs, if necessary; Administration shall establish a joint program tives Committee on Science a plan for imple- (G) develop a schedule for aircraft equipment of competitive, merit-based grants for eligible menting paragraphs (1) and (2) of subsection (b) implementation and appropriate benefits and in- applicants to increase the number of students and a proposed budget for implementing the centives to make that schedule achievable; and studying toward and completing technical train- plan. (H) assess, as part of its function within the ing programs, certificate programs, and associ- (3) ANNUAL REPORT.—The Office shall submit to the Senate Committee on Commerce, Science, Office of Aeronautical and Aviation Liaison, ate’s, bachelor’s, master’s, or doctorate degrees and Transportation, the House of Representa- the technical readiness of appropriate research in fields related to aerospace and aviation safe- tives Committee on Transportation and Infra- technological advances for integration of such ty. structure, and the House of Representatives research and advances into the plan. (b) INCREASED PARTICIPATION GOAL.—In se- Committee on Science an annual report that— (c) AUTHORIZATION OF APPROPRIATIONS.— lecting projects under this paragraph, the Direc- (A) contains a unified budget that combines There are authorized to be appropriated to the tor shall consider means of increasing the num- the budgets of each program coordinated by the Administrator of the Federal Aviation Adminis- ber of students studying toward and completing Office; and tration $300,000,000 for the period beginning technical training and apprenticeship programs, (B) describes the coordination activities of the with fiscal year 2004 and ending with fiscal year certificate programs, and associate’s or bach- Office during the preceding year. 2010 to carry out this section. elor’s degrees in fields related to aerospace and (e) AUTHORIZATION OF APPROPRIATIONS.— SEC. 623. REPORT ON CERTAIN MARKET DEVEL- aviation safety who are individuals identified in There are authorized to be appropriated to the OPMENTS AND GOVERNMENT POLI- section 33 or 34 of the Science and Engineering Secretary of Transportation $2,000,000 for fiscal CIES. Equal Opportunities Act (42 U.S.C. 1885a or years 2004 and 2005 to carry out this section, Within 6 months after the date of enactment 1885b). such sums to remain available until expended. of this Act, the Department of Transportation’s (c) SUPPORTABLE PROJECTS.—The types of SEC. 622. NATIONAL AIR TRAFFIC MANAGEMENT Office of Aerospace and Aviation liaison, in co- projects the Administrators may consider under SYSTEM DEVELOPMENT OFFICE. operation with appropriate Federal agencies, this paragraph include those that promote high (a) ESTABLISHMENT.—There is established shall submit to the Senate Committee on Com- quality— within the Federal Aviation Administration a merce, Science, and Transportation, the House (1) interdisciplinary teaching; National Air Traffic Management System Devel- of Representatives Committee on Science, and (2) undergraduate-conducted research; opment Office, the head of which shall report the House of Representatives Committee on (3) mentor relationships for students; directly to the Administrator. Transportation and Infrastructure a report (4) graduate programs; (b) DEVELOPMENT OF NEXT GENERATION AIR about market developments and government (5) bridge programs that enable students at TRAFFIC MANAGEMENT SYSTEM.— policies influencing the competitiveness of the community colleges to matriculate directly into

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baccalaureate aerospace and aviation safety re- (g) REPORT, BUDGET, AND PLAN.—Within 180 later than 1 year after the date of enactment of lated programs; days after the date of enactment of this Act, the this Act. (6) internships, including mentoring programs, Administrators jointly shall submit to the Senate (c) AUTHORIZATION OF APPROPRIATIONS.— carried out in partnership with the aerospace Committee on Commerce, Science, and Transpor- There are authorized to be appropriated to the and aviation industry; tation and the House of Representatives Com- Administrator of the Federal Aviation Adminis- (7) technical training and apprenticeship that mittee on Transportation and Infrastructure a tration $500,000 for fiscal year 2004 to carry out prepares students for careers in aerospace man- report setting forth— this section. ufacturing or operations; and (1) recommendations as to whether the pro- SEC. 664. AIR QUALITY IN AIRCRAFT CABINS. (8) innovative uses of digital technologies, gram authorized by this section should be ex- (a) IN GENERAL.—The Administrator of the particularly at institutions of higher education tended for multiple years; Federal Aviation Administration shall under- that serve high numbers or percentages of eco- (2) a budget for such a multi-year program; take the studies and analysis called for in the nomically disadvantaged students. and report of the National Research Council entitled (d) GRANTEE REQUIREMENTS.—In developing (3) a plan for conducting such a program. ‘‘The Airliner Cabin Environment and the grant requirements under this section, the Ad- Subtitle C—FAA Research, Engineering, and Health of Passengers and Crew’’. ministrators shall consider means, developed in Development (b) REQUIRED ACTIVITIES.—In carrying out concert with applicants, of increasing the num- this section, the Administrator, at a minimum, SEC. 661. RESEARCH PROGRAM TO IMPROVE AIR- ber of students studying toward and completing FIELD PAVEMENTS. shall— technical training and apprenticeship programs, The Administrator of the Federal Aviation (1) conduct surveillance to monitor ozone in certificate programs, and associate’s or bach- Administration shall continue the program to the cabin on a representative number of flights elor’s degrees in fields related to aerospace and consider awards to nonprofit concrete and as- and aircraft to determine compliance with exist- aviation safety. phalt pavement research foundations to improve ing Federal Aviation Regulations for ozone; (2) collect pesticide exposure data to determine (e) DEFINITIONS.—In this section: the design, construction, rehabilitation, and re- exposures of passengers and crew; (1) ELIGIBLE APPLICANT DEFINED.—The term pair of rigid concrete airfield pavements to aid (3) analyze samples of residue from aircraft ‘‘eligible applicant’’ means— in the development of safer, more cost-effective, ventilation ducts and filters after air quality in- (A) an institution of higher education; and more durable airfield pavements. The Ad- cidents to identify the contaminants to which (B) a consortium of institutions of higher edu- ministrator may use grants or cooperative agree- passengers and crew were exposed; cation; or ments in carrying out this section. Nothing in (C) a partnership between— (4) analyze and study cabin air pressure and this section requires the Administrator to altitude; and (i) an institution of higher education or a con- prioritize an airfield pavement research program sortium of such institutions; and (5) establish an air quality incident reporting above safety, security, Flight 21, environment, system. (ii) a nonprofit organization, a State or local or energy research programs. government, or a private company, with dem- (c) REPORT.—Not later than 30 months after SEC. 662. ENSURING APPROPRIATE STANDARDS the date of enactment of this Act, the Adminis- onstrated experience and effectiveness in aero- FOR AIRFIELD PAVEMENTS. space education. trator shall transmit to Congress a report on the (a) IN GENERAL.—The Administrator of the (2) INSTITUTION OF HIGHER EDUCATION.—The findings of the Administrator under this section. Federal Aviation Administration shall review SEC. 665. INTERNATIONAL ROLE OF THE FAA. term ‘‘institution of higher education’’ has the and determine whether the Federal Aviation meaning given that term by subsection (a) of Section 40101(d) is amended by adding at the Administration’s standards used to determine end the following: section 101 of the Higher Education Act of 1965 the appropriate thickness for asphalt and con- (20 U.S.C. 1001(a)), and includes an institution ‘‘(8) Exercising leadership with the Adminis- crete airfield pavements are in accordance with trator’s foreign counterparts, in the Inter- described in subsection (b) of that section. the Federal Aviation Administration’s standard (f) AUTHORIZATION OF APPROPRIATIONS.— national Civil Aviation Organization and its 20-year-life requirement using the most up-to- subsidiary organizations, and other inter- (1) NASA.—There are authorized to be appro- date available information on the life of airfield priated to the Administrator of the National national organizations and fora, and with the pavements. If the Administrator determines that private sector to promote and achieve global im- Aeronautics and Space Administration such such standards are not in accordance with that sums as may be necessary for fiscal year 2004 to provements in the safety, efficiency, and envi- requirement, the Administrator shall make ap- ronmental effect of air travel.’’. carry out this section. propriate adjustments to the Federal Aviation (2) FAA.—There are authorized to be appro- SEC. 666. FAA REPORT ON OTHER NATIONS’ SAFE- Administration’s standards for airfield pave- TY AND TECHNOLOGICAL ADVANCE- priated to the Administrator of the Federal ments. Aviation Administration such sums as may be MENTS. (b) REPORT.—Within 1 year after the date of The Administrator of the Federal Aviation necessary for fiscal year 2004 to carry out this enactment of this Act, the Administrator shall section. Administration shall review aviation and aero- report the results of the review conducted under nautical safety, and research funding and tech- (g) REPORT, BUDGET, AND PLAN.—Within 180 subsection (a) and the adjustments, if any, days after the date of enactment of this Act, the nological actions in other countries. The Admin- made on the basis of that review to the Senate istrator shall submit a report to the Committee Administrators jointly shall submit to the Senate Committee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Transpor- on Science of the House of Representatives and tation and the House of Representatives Com- to the Committee on Commerce, Science, and tation and the House of Representatives Com- mittee on Transportation and Infrastructure. mittee on Transportation and Infrastructure a Transportation of the Senate, together with any report setting forth— SEC. 663. ASSESSMENT OF WAKE TURBULENCE recommendations as to how such activities RESEARCH AND DEVELOPMENT PRO- might be utilized in the United States. (1) recommendations as to whether the pro- GRAM. gram authorized by this section should be ex- SEC. 667. DEVELOPMENT OF ANALYTICAL TOOLS (a) ASSESSMENT.—The Administrator of the AND CERTIFICATION METHODS. tended for multiple years; Federal Aviation Administration shall enter into (2) a budget for such a multi-year program; The Federal Aviation Administration shall an arrangement with the National Research conduct research to promote the development of and Council for an assessment of the Federal Avia- (3) a plan for conducting such a program. analytical tools to improve existing certification tion Administration’s proposed wake turbulence methods and to reduce the overall costs for the SEC. 642. SCHOLARSHIPS FOR SERVICE. research and development program. The assess- certification of new products. (a) IN GENERAL.—The Administrator of the ment shall include— SEC. 668. PILOT PROGRAM TO PROVIDE INCEN- National Aeronautics and Space Administration (1) an evaluation of the research and develop- TIVES FOR DEVELOPMENT OF NEW and the Administrator of the Federal Aviation ment goals and objectives of the program; TECHNOLOGIES. Administration shall develop a joint student (2) a listing of any additional research and (a) IN GENERAL.—The Administrator of the loan program for fulltime students enrolled in development objectives that should be included Federal Aviation Administration may conduct a an undergraduate or post-graduate program in the program; limited pilot program to provide operating incen- leading to an advanced degree in an aerospace- (3) any modifications that will be necessary tives to users of the airspace for the deployment related or aviation safety-related field of en- for the program to achieve the program’s goals of new technologies, including technologies to deavor. and objectives on schedule and within the pro- facilitate expedited flight routing and sequenc- (b) INTERNSHIPS.—The Administrators may posed level of resources; and ing of take-offs and landings. provide temporary internships to such students. (4) an evaluation of the roles, if any, that (b) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— should be played by other Federal agencies, There are authorized to be appropriated to the (1) NASA.—There are authorized to be appro- such as the National Aeronautics and Space Ad- Administrator $500,000 for fiscal year 2004. priated to the Administrator of the National ministration and the National Oceanic and At- SEC. 669. FAA CENTER FOR EXCELLENCE FOR AP- Aeronautics and Space Administration such mospheric Administration, in wake turbulence PLIED RESEARCH AND TRAINING IN sums as may be necessary for fiscal year 2004 to research and development, and how those ef- THE USE OF ADVANCED MATERIALS carry out this section. forts could be coordinated. IN TRANSPORT AIRCRAFT. (2) FAA.—There are authorized to be appro- (b) REPORT.—A report containing the results (a) IN GENERAL.—The Administrator of the priated to the Administrator of the Federal of the assessment shall be provided to the Com- Federal Aviation Administration shall develop a Aviation Administration such sums as may be mittee on Science of the House of Representa- Center for Excellence focused on applied re- necessary for fiscal year 2004 to carry out this tives and to the Committee on Commerce, search and training on the durability and main- section. Science, and Transportation of the Senate not tainability of advanced materials in transport

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0637 Sfmt 6333 E:\CR\FM\A13JN6.024 S13PT1 S7902 CONGRESSIONAL RECORD — SENATE June 13, 2003 airframe structures, including the use of poly- ‘‘(B) based on a certification of compliance of 1986 is amended by striking ‘‘October 1, 2003’’ meric composites in large transport aircraft. The made by a design organization certificated and inserting ‘‘October 1, 2006’’. Center shall— under subsection (a). f (1) promote and facilitate collaboration among ‘‘(2) INVESTIGATION AND HEARING.—On receiv- academia, the Federal Aviation Administra- ing an application for a type certificate, the Ad- LEGISLATIVE PROGRESS tion’s Transportation Division, and the commer- ministrator shall investigate the application and Mr. FRIST. Mr. President, in a few cial aircraft industry, including manufacturers, may conduct a hearing. The Administrator shall moments we will be adjourning until commercial air carriers, and suppliers; and make, or require the applicant to make, tests the Monday afternoon. But in looking back (2) establish goals set to advance technology, Administrator considers necessary in the inter- improve engineering practices, and facilitate est of safety.’’. over the last 5 days, I do want to share continuing education in relevant areas of study. (c) REINSPECTION AND REEXAMINATION.—Sec- with my colleagues my satisfaction (b) AUTHORIZATION OF APPROPRIATIONS.— tion 44709(a) is amended by inserting ‘‘design with the progress we have made. There are authorized to be appropriated to the organization, production certificate holder,’’ I have had the pleasure of opening Administrator $500,000 for fiscal year 2004 to after ‘‘appliance,’’. the Senate most every day, and then carry out this section. (d) PROHIBITIONS.—Section 44711(a)(7) is closing it most every day or evening SEC. 670. FAA CERTIFICATION OF DESIGN ORGA- amended by striking ‘‘agency’’ and inserting and at the end of the week, so it gives NIZATIONS. ‘‘agency, design organization certificate, ’’. me an opportunity to look back. For (a) GENERAL AUTHORITY TO ISSUE CERTIFI- (e) CONFORMING AMENDMENTS.— just a few minutes I would like to com- CATES.—Section 44702(a) is amended by inserting (1) CHAPTER ANALYSIS.—The chapter analysis ‘‘design organization certificates,’’ after ‘‘air- for chapter 447 is amended by striking the item ment on some of the things we accom- man certificates,’’. relating to section 44704 and inserting the fol- plished this week. (b) DESIGN ORGANIZATION CERTIFICATES.— lowing: We had very good debate—strong de- (1) IN GENERAL.—Section 44704 is amended— ‘‘44704. Design organization certificates, type bate, effective debate—on the Energy (A) by striking the section heading and insert- certificates, production certifi- bill over the past week and, in fact, ing the following: cates, and airworthiness certifi- over the past 2 weeks. ‘‘§ 44704. Design organization certificates, cates.’’. I do want to take this opportunity to type certificates, production certificates, (2) CROSS REFERENCE.—Section 44715(a)(3) is thank, praise and commend the chair- and airworthiness certificates’’ ; amended by striking ‘‘44704(a)’’ and inserting man of the Energy Committee, the dis- (B) by redesignating subsections (a) through ‘‘44704(b)’’. (d) as subsections (b) through (e); tinguished Senator from New Mexico, (C) by inserting before subsection (b) the fol- SEC. 671. REPORT ON LONG TERM ENVIRON- Chairman DOMENICI, for his tremendous lowing: MENTAL IMPROVEMENTS. work in moving us forward on this (a) IN GENERAL.—The Administrator of the ‘‘(a) DESIGN ORGANIZATION CERTIFICATES.— critically important bill. We have Federal Aviation Administration, in consulta- ‘‘(1) PLAN.—Within 3 years after the date of made solid progress. We have had a tion with the Administrator of the National Aer- enactment of the Aviation Investment and Revi- number of votes this week. talization Vision Act, the Administrator of the onautics and Space Administration and the head of the Department of Transportation’s Of- As all of my colleagues know—be- Federal Aviation Administration shall submit a cause I have said it on this floor and in plan to the Senate Committee on Commerce, fice of Aerospace and Aviation Liaison, shall Science, and Transportation and the House of conduct a study of ways to reduce aircraft noise many other places almost daily—we Representatives Committee on Transportation and emissions and to increase aircraft fuel effi- will be turning to the Medicare pre- and Infrastructure for the development and ciency. The study shall— scription drug bill next week. We will oversight of a system for certification of design (1) explore new operational procedures for air- stay on the bill until we complete that organizations under paragraph (2) that ensures craft to achieve those goals; legislation. I think we can finish it ac- (2) identify both near term and long term op- that the system meets the highest standards of tually in less than 2 weeks, although I safety. tions to achieve those goals; (3) identify infrastructure changes that would have targeted a 2-week period, which ‘‘(2) IMPLEMENTATION OF PLAN.—Within 5 gives more than adequate time for de- years after the date of enactment of the Avia- contribute to attainment of those goals; tion Investment and Revitalization Vision Act, (4) identify emerging technologies that might bate and amendment. I am even more the Administrator of the Federal Aviation Ad- contribute to attainment of those goals; confident that we will be able to pass (5) develop a research plan for application of ministration may commence the issuance of de- that bill after spending about 12 hours such emerging technologies, including new sign organization certificates under paragraph yesterday in the Finance Committee combuster and engine design concepts and (3) to authorize design organizations to certify methodologies for designing high bypass ratio meeting, where we looked at the bill, compliance with the requirements and minimum turbofan engines so as to minimize the effects on debated it, amended it, and passed it standards prescribed under section 44701(a) for climate change per unit of production of thrust with a strong bipartisan majority in the type certification of aircraft, aircraft en- and flight speed; and preparation for coming to the floor. gines, propellers, or appliances. (6) develop an implementation plan for ex- But I do want to make it very, very ‘‘(3) ISSUANCE OF CERTIFICATES.—On receiving ploiting such emerging technologies to attain an application for a design organization certifi- clear that we will be coming back to those goals. cate, the Administrator shall examine and rate the Energy bill, and we will finish it. (b) REPORT.—The Administrator shall trans- the design organization in accordance with the Also, this week, we accomplished a mit a report on the study to the Senate Com- regulations prescribed by the Administrator to lot, locking in an agreement which mittee on Commerce, Science, and Transpor- determine that the design organization has ade- tation and the House of Representatives Com- limits the number of amendments that quate engineering, design, and testing capabili- mittee on Transportation and Infrastructure can be considered on the Energy bill. ties, standards, and safeguards to ensure that within 1 year after the date of enactment of this That is real progress because now we the product being certificated is properly de- Act. have a finite number of amendments, signed and manufactured, performs properly, (c) AUTHORIZATION OF APPROPRIATIONS.— and meets the regulations and minimum stand- and we can talk to the various Mem- There are authorized to be appropriated to the ards prescribed under that section. The Admin- bers and see what they have proposed Administrator of the Federal Aviation Adminis- istrator shall include in a design organization and get those amendments organized in tration $500,000 for fiscal year 2004 to carry out certificate terms required in the interest of safe- such a way that we can spend time on this section. ty. each of the amendments in a way that ‘‘(4) NO EFFECT ON POWER OF REVOCATION.— TITLE VII—EXTENSION OF AIRPORT AND makes sense, that is systematic, and Nothing in this subsection affects the authority AIRWAY TRUST FUND EXPENDITURE AU- THORITY whereby we will be able to, I believe, of the Secretary of Transportation to revoke a lay out a glidepath to bring that bill to certificate.’’; SEC. 701. EXTENSION OF EXPENDITURE AUTHOR- (D) by striking subsection (b), as redesignated, ITY. conclusion. and inserting the following: (a) IN GENERAL.—Paragraph (1) of section It is imperative for the United States ‘‘(b) TYPE CERTIFICATES.— 9502(d) of the Internal Revenue Code of 1986 (re- of America that we have a comprehen- ‘‘(1) IN GENERAL.—The Administrator may lating to expenditures from Airport and Airway sive energy policy. It is America’s fu- issue a type certificate for an aircraft, aircraft Trust Fund) is amended— ture that is at stake, our economic fu- engine, or propeller, or for an appliance speci- (1) by striking ‘‘October 1, 2003’’ and inserting ture, so much so that, in fact, the Fed- fied under paragraph (2)(A) of this subsection— ‘‘October 1, 2006’’, and eral Reserve Chairman, Alan Green- ‘‘(A) when the Administrator finds that the (2) by inserting before the semicolon at the aircraft, aircraft engine, or propeller, or appli- end of subparagraph (A) the following: ‘‘or the span, came to the Hill this past week ance is properly designed and manufactured, Aviation Investment and Revitalization Vision to speak specifically on the need for performs properly, and meets the regulations Act’’. action on energy policy. and minimum standards prescribed under sec- (b) CONFORMING AMENDMENT.—Paragraph (2) The price of natural gas for July de- tion 44701(a) of this title; or of section 9502(f) of the Internal Revenue Code livery is 150 percent higher than it was

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\CR\FM\A13JN6.024 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — SENATE S7903 3 years ago. Meanwhile, natural gas floor. It came together in a bipartisan being of their families, and especially storage levels are at their lowest in al- way, in a way that really is a good their children. most 3 decades. Chairman Greenspan model for us in handling this type of Children with involved loving fa- warns that the volatility in the price of legislation when it comes to the floor. thers, as compared to children without natural gas could eventually con- I thank the chairman and ranking fathers, are more likely to do well in tribute to ‘‘erosion’’ in the economy. member and Members on both sides of school, to have a healthy self-esteem, We simply cannot afford that. the aisle for their cooperation in mov- to show empathy, to avoid drug use, to American industry, at the same time, ing us forward and passing that very avoid truancy, and to avoid criminal is caught between regulations limiting important bill. activity. the supply of natural gas and regula- We also passed this week the Bur- The National Fatherhood Initiative, tions encouraging its use. The result of mese Freedom and Democracy Act. I a nonprofit organization devoted to that is we have rising gas prices, with am pleased the Senate was able to con- promoting responsible fatherhood, re- some industries cutting jobs or being sider that bill to address the tragedy ports that today’s fathers are present priced out altogether, and consumers that is occurring, as we speak, in in their children’s lives more than getting hit with rising electric bills. Burma and the issues of freedom and ever. The phenomenon of father absence As we talked about a lot this week, democracy for which we have fought so has stopped growing. Dads in two-par- and looked at the various amendments, hard in other parts of the world. It ent families are spending more time we absolutely must diversify our shows we understand, that we are car- with their children than fathers did a sources of energy. We must do so in a ing, we are compassionate, and we will generation ago. What is more, these fa- way that lessens our overall depend- take action when freedom and democ- thers seem to be more active and more ence on foreign sources. racy are challenged. nurturing. Indeed, that is progress. America’s energy policy should be I thank the majority whip, the dis- Perhaps even more heartening is the consistent with our foreign policy in tinguished Senator from Kentucky, Mr. large number of national surveys which the sense that both should be inde- MCCONNELL, for bringing that bill to find that young men identify father- pendent and secure—independent and our attention and bringing it to the hood and family time as a major pri- secure. floor. ority. Indeed, that is great news. By increasing America’s domestic We also passed the Women Business On Saturday, let us salute our flag production of sources of energy— Centers Preservation Act which was and, on Sunday, America’s dads. From whether it is clean coal, oil and gas, sponsored by our colleague, Senator a grateful Nation, happy Flag Day and nuclear, solar, or other renewable en- OLYMPIA SNOWE. In addition, we were happy Father’s Day. ergy sources—we increase not only our able to clear a number of executive f energy supply but our national secu- nominations. Just a few minutes ago I rity. was looking at the nominations that SEQUENTIAL REFERRAL OF In closing, I want to say one other are pending, and I will continue to NOMINATION thing about the comprehensive nature work toward clearing these nomina- Mr. FRIST. Madam President, as in of a national energy policy. We will, by tions on the Executive Calendar and executive session, I ask unanimous doing so, create needed jobs. The En- scheduling rollcall votes as necessary. consent that when the Governmental ergy bill, it is estimated, will create at (Mr. BENNETT assumed the Chair.) Affairs Committee reports the nomina- least 500,000 jobs, and we know it will f tion of Michael Garcia, PN 451, to be save even more. The Alaskan pipeline, Assistant Secretary of Homeland Secu- for example, will create at least 400,000 A WEEKEND OF CELEBRATIONS rity, the nomination then be sequen- jobs alone. The hundreds of millions of Mr. FRIST. Mr. President, there are tially referred to the Judiciary Com- dollars that will be invested in re- two other issues I wish to quickly men- mittee for a period not to exceed 15 search and development of new tech- tion. It has to do with important holi- days of session; provided further, that nologies will not only benefit the envi- days that occur this weekend. Sand- if the nomination is not reported by ronment but will also create new jobs. wiched between Memorial weekend and that time, the nomination be auto- These are the types of jobs that are in- the Fourth of July, Flag Day often gets matically discharged and placed on the creasingly important, I would argue, in overlooked. Believed to have been calendar. this century—jobs of engineering, started in 1885 by a Wisconsin school- The PRESIDING OFFICER (Mrs. mathematics, chemistry, physics, and teacher, the purpose of Flag Day, June DOLE). Without objection, it is so or- science. 14, is to celebrate the birthday of the dered. Thus, I am committed, as majority American flag. It gives us all the op- f leader, to get a comprehensive national portunity to reflect on the great Na- ORDERS FOR MONDAY, JUNE 16, energy bill passed as soon as we pos- tion that the American flag symbol- 2003 sibly can. We hear the Democrats izes. Mr. FRIST. Madam President, I ask The American flag is recognized warning, darkly, of a weak economy unanimous consent that when the Sen- worldwide as a symbol of democracy and increasing unemployment, while ate completes its business today, it we, as Republicans, are talking about and freedom. It is the flag which leads stand in adjournment until 2 p.m., taking action and making our economy us in every American battle and many Monday, June 16. I further ask unani- strong with such action. struggles of freedom in foreign lands. It mous consent that following the prayer So again, Mr. President, we will re- flies over our Capitol Building. It is un- and pledge, the morning hour be turn to this bill. We will dispose of the furled at public events, large and deemed expired, the Journal of pro- remaining amendments, and we will small. It even flies on the face of the ceedings be approved to date, the time deliver to the American people energy Moon. for the two leaders be reserved for their that is cleaner, more abundant, and I encourage my fellow citizens to use later in the day, and the Senate more secure. pause tomorrow evening at 7 p.m. and then begin consideration of S. 1, the In addition to the Energy legislation join in the annual recitation of the prescription drug benefits bill, as pro- which we spent most of the week on, Pledge of Allegiance. The first pledge vided under the previous order. we actually touched on a number of we make, after all, is to that Flag of The PRESIDING OFFICER. Without other very important legislative mat- the United States of America. objection, it is so ordered. ters. The Senate last night passed the Also this weekend we celebrate Fa- f Federal Aviation Administration reau- ther’s Day. All across the country fam- thorization bill. We were able to con- ilies will be honoring their dads with PROGRAM sider a number of amendments, and as special dinners, handmade gifts, and Mr. FRIST. Madam President, for the the Democratic assistant leader said probably goofy ties for one or two dads information of all Senators, on Mon- earlier today at the opening of the Sen- across the country, and rightly so. day, the Senate will begin consider- ate this morning, it was remarkable to Every day we learn more and more ation of S. 1, the prescription drug ben- see how that bill was handled on the about how vital fathers are to the well- efits bill. Under a previous agreement,

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\CR\FM\G13JN6.032 S13PT1 S7904 CONGRESSIONAL RECORD — SENATE June 13, 2003 during Monday’s session, the consider- consider this important legislation on sent that the Senate stand in adjourn- ation of S. 1 will be limited to debate Medicare and prescription drugs. Sen- ment under the previous order. only. Therefore, there will be no votes ators should expect rollcall votes and There being no objection, the Senate, during Monday’s session. Members are late nights, if necessary, in order to at 2:26 p.m., adjourned until Monday, welcome to come to the floor—in fact, pass this measure prior to the Fourth June 16, 2003, at 2 p.m. I encourage them to do so—to make of July recess. their opening statements on the pre- f scription drug legislation during Mon- f day’s session. The next vote will occur CONFIRMATION ADJOURNMENT UNTIL 2 P.M., during Tuesday’s session of the Senate. Executive nomination confirmed by Members will be notified when that MONDAY, JUNE 16, 2003 the Senate June 13, 2003: vote is scheduled. Mr. FRIST. Madam President, if DEPARTMENT OF JUSTICE there is no further business to come be- I reiterate to all Members that the R. HEWITT PATE, OF VIRGINIA, TO BE AN ASSISTANT next 2 weeks will be very busy as we fore the Senate, I ask unanimous con- ATTORNEY GENERAL.

VerDate Jan 31 2003 03:11 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0637 Sfmt 9801 E:\CR\FM\G13JN6.036 S13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1235 EXTENSIONS OF REMARKS

TRIBUTE TO BETTE LUNN country. Under Mr. King’s leadership, Volkert Vincent who were deported to Honduras by currently employs 650 engineers, architects, the British in 1797. HON. SCOTT McINNIS planners, surveyors, environmental scientists, Dionisia was born in La Ceiba, Honduras Central America on February 8, 1933. She OF COLORADO technicians and administrative support per- sonnel in 12 offices located throughout eight came to the U.S. in May 1964, and became IN THE HOUSE OF REPRESENTATIVES Southeastern states. an American citizen in 1977. In 1979, Dionisia Thursday, June 12, 2003 His commitment to excellence has earned decided to go to college, earning a Bachelor Mr. MCINNIS. Mr. Speaker, I would like to him numerous awards by the engineering in- of Arts Degree in Education with high honors take this opportunity to honor a lifelong educa- dustry. He was recently inducted into the Ala- from Medgar Evers College. Later, she earned tor from my district. Bette Lunn, of Pueblo, bama Engineering Hall of Fame. Some of his a Masters/Advanced Certificate in Guidance Colorado, has given the gift of music to stu- other professional honors include: The Amer- and Counseling from Brooklyn College. Dionisia’s first connection with her commu- dents for 46 years. As Bette embarks on her ican Council of Engineering Companies nity was through her church, St. Mathews retirement, I would like to recognize her career (ACEC) College of Fellows 2003 Community Catholic Church where she has served for before this body of Congress and this nation. Service Award, recognition as one of the Top more than 22 years. When Hurricane Fifi Bette began teaching in Ohio in 1957 and Ten Engineers in Alabama by the Alabama struck Honduras in September 1974, many moved with her husband to Pueblo in 1972. Section of the American Society of Civil Engi- Garinagu, like Dionisia, got together to help After spending 12 years as the vocal music neers, induction into the Alabama Engineering their people back in Honduras. In 1990, after Hall of Fame and receipt of the National Soci- teacher at Heaton Middle School, Bette trans- another tragedy occurred in the Garifuna com- ety of Professional Engineers Distinguished ferred to East High School where she has munity, Dionisia was there to help in anyway Service Award. taught for the last 19 years. Her ability to con- possible. This time it was the Happy Land As a recent chairman of the Business Coun- nect with children has inspired a number of Fire. Her organization, Mugama, which was cil of Alabama, Keith King has also done students to become teachers and has also started a year earlier, named a scholarship much to improve the quality of life for all Ala- earned her a number of awards. Bette has fund in honor of a promising young Garifuna bamians by working to bring growth, jobs and been named an outstanding teacher in her who died in the fire. district and is also a member of the Colorado business opportunities to the state of Ala- Dionisia worked for the Board of Education Music Educators Hall of Fame. bama. His commitment to Alabama and the for 16 years. She began as a paraprofes- Mr. Speaker, I am proud to stand before this First Congressional District in particular is sional, and would later go on to teach fol- body today to recognize Bette Lunn, a woman nothing short of inspirational. Keith King is a lowing the completion of her education. Ulti- who has clearly demonstrated her commitment member of the Leadership Alabama Class of mately, she became a school guidance coun- to our nation’s youth. Even though she is retir- XII and is a longtime member of the Mobile selor, a position she continued until her retire- ing, Bette still plans to volunteer to work with Area Chamber of Commerce. He has been ment in 1996. young people in her community. She pos- actively involved with the Mobile Area Council Dionisia’s biggest role in the community is sesses the spirit of giving that helped make of the Boy Scouts of America for many years being the coordinator of Mugama’s education our country great. Thank you, Bette, for many and has held many high ranking positions program. Her importance to the community is years of service to the youth of Pueblo. within that organization. Mr. King also gives reflected by how the residents refer to her, f generously of his time to the Boys and Girls with comments like: Mamma, Madre, and Clubs of South Alabama, the National Multiple Abuelita. Recently, people have taken to call HONORING T. KEITH KING FOR A Sclerosis Society and the Mobile Lions Club her the ‘‘glue’’ of the community. LIFETIME OF LEADERSHIP AND and is a member of the USS Battleship Ala- Dionisia has received many honors in her SERVICE bama Memorial Park Restoration Committee, life as a student, woman and community activ- to name just a few of the many other areas ist. During her college years, she was consist- HON. JO BONNER where he gives freely of his time and talents. ently on the Dean’s List, and as a result, she OF ALABAMA By example, Keith King has shown that un- was listed in the national Book of Excellent IN THE HOUSE OF REPRESENTATIVES selfish dedication and service to your commu- students. One of her greatest honors was nity, your state and your nation can truly make meeting Isabel Arriola. Ms. Arriola is a Thursday, June 12, 2003 a difference. Mr. Speaker, I salute Keith King Garifuna who survived Hurricane Mitch. Mr. BONNER. Mr. Speaker, it is with great as a model citizen and as a leader to many in The ultimate honor for her is being able to pride that I rise to honor a truly exemplary Ala- the First Congressional District. I know his serve her community by working with bamian, a man who grew up in the tiny town lovely wife Julia and their daughter, two sons Mugama. She says that the Mugama Advo- of Frisco City, Alabama, and today has be- and seven grandchildren along with all of his cacy Center is a dream come true. Being come one of our most outstanding business friends and neighbors are extremely proud of there daily and helping to empower people and community leaders. the many contributions being made by this provides Dionisia with all of the satisfaction For more than 43 years, T. Keith King, P.E., outstanding man. she needs. Dionisia has been married to her of Mobile, Alabama, has dedicated his life to f husband Alejandro Bonilla for 14 years. his community, his family and his profession. Mr. Speaker, Dionisia Amaya-Bonilla is A graduate of Auburn University, he has con- TRIBUTE TO DIONISIA AMAYA- committed to improving the lives of her com- tinued to remain active and involved with his BONILLA munity. As such, she is more than worthy of Alma Mater. Recently, Mr. King completed two receiving our recognition today and I urge my years as chairman of the Auburn Alumni Engi- HON. EDOLPHUS TOWNS colleagues to join me in honoring this truly re- markable woman. neering Council. He is a life member of the OF NEW YORK f Auburn Alumni Association, having served on IN THE HOUSE OF REPRESENTATIVES the Board of Directors and as chairman of the IN HONOR OF WILLIAM D. MASON Finance Committee. Thursday, June 12, 2003 Mr. King has made many contributions to Mr. TOWNS. Mr. Speaker, I rise in honor of the field of engineering due in part to his posi- Dionisia Amaya-Bonilla in recognition of her HON. DENNIS J. KUCINICH OF OHIO tion as President, CEO and Chairman of the service to her local community and her native IN THE HOUSE OF REPRESENTATIVES Board of Volkert & Associates in Mobile, Ala- home of Honduras. Dionisia is proud of her bama. Climbing from a design engineer posi- heritage as a member of the Garinagu com- Thursday, June 12, 2003 tion with the firm in 1960, today Keith King munity, people who are descendants of West Mr. KUCINICH. Mr. Speaker, I rise today in leads one of the finest engineering firms in the African slaves and Arawak Indians from St. honor and recognition of Cuyahoga County

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

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.004 E13PT1 E1236 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 Prosecutor William D. Mason as he is being dissident is in prison, our freedom will not be to remember, if we want you to remember all honored by the Cuyahoga County Democratic true. As long as one child is hungry, our life those emaciated faces, all those burning Party on May 18, 2003. will be filled with anguish and shame. What eyes, all those muted prayers, it is not only Mr. Mason graduated from Cleveland-Mar- all these victims need above all is to know for our sake but also for your children’s and shall College of Law in 1986. Shortly there- that they are not alone; that we are not for- theirs. getting them, that when their voices are sti- If it weren’t for their memory, much of after, he began working with the Cuyahoga fled we shall lend them ours, that while their what has been undertaken and even accom- County Prosecutor’s Office as an assistant freedom depends on ours, the quality of our plished would be without relevance—and prosecutor. In 1993, Mr. Mason was elected to freedom depends on theirs. worse: without meaning. hold the office of Law Director and Chief Pros- Mr. Speaker, on April 30 we were once To remember means to lend an ethical di- mension to all endeavors and aspirations. ecutor for the City of Parma. During his six- again privileged to learn from this extraor- year tenure as Law Director, Mr. Mason main- When you, my good friend Secretary Powell, dinary man. Dr. Wiesel used his remarks to search deep into your heart, you find that tained and implemented high standards within remind us that horrific memories of the Holo- all areas of Parma’s legal department—from most of your diplomatic initiatives and mili- caust do not constitute a social end in and of tary responses have been rooted in your faith working with County agencies to prosecute themselves; rather, they must be used to ame- in the mysterious power of History of which criminals, to saving the City thousands of dol- liorate suffering in today’s world and in that of memory is made. Isn’t that principle the one lars in the reduction of legal fees. tomorrow. ‘‘If we want to remember,’’ he said, that keeps on governing all our lives? Wasn’t Since January of 1999, Mr. Mason has held ‘‘if we want you to remember all those emaci- 1938 the main factor in your recent decision- the elected position of Chief Prosecuting Attor- making regarding Iraq? In those years there ated faces, all those burning eyes, all those ney for Cuyahoga County—the twentieth larg- were two great powers in Europe: France and muted prayers, it is not only for our sake but est county in the United States, and the larg- Great Britain. Had they intervened instead also for your children’s and theirs.... Is est county in Ohio. In this capacity, Mr. Mason of preaching appeasement, there would have memory the only answer to the tragedy itself? and his staff are responsible for the indictment been no world war, no Auschwitz. But whatever the answer, memory is its most Watchman, what of the night? and prosecution of more than 25,000 criminal indispensable element.’’ Is memory the only answer to the Tragedy felony and juvenile delinquency cases every Mr. Speaker, I am honored to enter the full itself? But whatever the answer, memory is year. Additionally, Mr. Mason is the Chairman its most indispensable element. text of Elie Wiesel’s remarks into the CON- of the Internet Crimes Against Children Task An ancient Talmudic legend tells us that GRESSIONAL RECORD. Force. The Task Force is a team effort, com- when the soul leaves the body to return to prised of local, state and federal authorities DAYS OF REMEMBRANCE REMARKS heaven, it cries out in great pain; and the whose focus and goal is the apprehension and ELIE WIESEL, FOUNDING CHAIR UNITED STATES outcry is so powerful that it reverberates prosecution of Internet child molesters. In ad- HOLOCAUST MEMORIAL COUNCIL, APRIL 30, throughout creation. What about the outcry 2003—THE CAPITOL ROTUNDA of six million souls? dition to his professional accomplishments, Mr. Well, among the victims who were killed Mason continues his significant service to his From Isaiah, chapter 21: Shomer, ma milail? Watchman, what of the night? This there was a 12-year-old girl, Yunite community as coach, mentor and volunteer. ancient call of the prophet of chastisement Vishniatzky, from a small village named Mr. Speaker and Colleagues, please join me and consolation reverberates in our memory Byten near Slutsk. This is her last letter, in honor of Mr. William D. Mason, Cuyahoga today as we remember the men and women, dated July 31, 1942: . . . ‘‘Dear Father, I say County Prosecutor, as we recognize his sig- young and old, rich and poor, learned and ig- good-bye to you before dying . . . We want nificant expertise, dedication and contribu- norant, secular and pious, dreamers of sacred very much to live . . . But they won’t let tion—all focused on the safety and welfare of blessings and seekers of hidden redemption, us—that’s how it goes . . . I am so afraid of every citizen within our entire community. who were sentenced to suffer unparalleled dying: small children are thrown into the agony and solitude in ghettos and death- grave alive . . . I say good-bye to you forever f camps not for what they have done or pos- . . . And give you a big kiss . . . Your Yunite WATCHMAN, WHAT OF NIGHT? sessed or believed in but for what they were, . . .’’ sons and daughters of a people whose mem- Watchman, what of the night? Watchman, ory of persecution was the oldest in recorded what of the night? And the watchman says: HON. TOM LANTOS history. the morning comes, and also the night . . . OF CALIFORNIA All the rivers run to the sea, days come So—we remember all the children whose IN THE HOUSE OF REPRESENTATIVES and go, generations vanish, others are born, lives bothered the enemy so much he felt the Thursday, June 12, 2003 remembrance ceremonies follow one an- irresistible urge to wipe them out. We re- other—and hatred is still alive, and some of member Yunite Vishniatzky . . . Mr. LANTOS. Mr. Speaker, last month lead- us, the remnant of the remnant, wonder with When her soul left her frail body, was her ers and citizens from throughout America the poet Paul Celan: who will bear witness cry heard by anyone, anywhere? gathered in the Capitol Rotunda to commemo- for the witness, who will remember what f rate the Days of Remembrance. The cere- some of us tried to relate about a time of mony had many powerful moments, but none fear and darkness when so many, too many ON THE RECOGNITION OF THE more moving than the remarks of my good victims felt abandoned, forgotten, unworthy CITY OF DEERFIELD BEACH friend Dr. Elie Wiesel, the Founding Chair of of compassion and solidarity? Who will an- BEING NAMED A 2003 ALL-AMER- the United States Holocaust Memorial Council swer questions whose answers the dead took ICA CITY AWARD FINALIST with them? Who will feel qualified enough and one of the world’s foremost champions for and strong enough, faithful enough to con- human rights and civil liberties. front their fiery legacy? HON. E. CLAY SHAW, JR. A native of Romania, Elie Wiesel was fifteen What was and remains clear to some of us, OF FLORIDA when he and his family were deported to here and elsewhere, is the knowledge that if IN THE HOUSE OF REPRESENTATIVES Auschwitz. His mother and younger sister per- we forget them, we too shall be forgotten. Thursday, June 12, 2003 ished, but he survived with the conviction that But is remembrance enough? What does the international community must never forget one do with the memory of agony and suf- Mr. SHAW. Mr. Speaker, I rise today to rec- the lessons of the Holocaust. During the past fering? Memory has its own language, its ognize the city of Deerfield Beach, Florida for fifty years, as both an author and a teacher, own texture, its own secret melody, its own their selection as 2003 All-America City Award archeology and its own limitations: it too Finalist. It is my pleasure to congratulate the Dr. Wiesel has devoted his life to this end. can be wounded, stolen and shamed; but it is However, to classify Elie Wiesel’s legacy as up to us to rescue it and save it from becom- mayor, the city commission, and the citizens one of remembrance takes into account only a ing cheap, banal, and sterile. of Deerfield Beach as they are recognized by small portion of his impact on society. He has Like suffering, like love, memory does not our nation with consideration for the oldest spoken out not only against anti-Jewish atroc- confer special privileges. It all depends on and most respected community recognition ities, but also on behalf of victims from every what one does with what we receive, for what award in the nation. I applaud the residents of corner of the globe, from Argentina’s purpose, in the name of what ideal. If we in- Deerfield Beach for their strong civic pride and Desaparecidos to refugees of Cambodia’s voke our right, our obligation to remember a their dedication to their community. Khmer Rouge regime. When Dr. Wiesel was frightened child who, in a ghetto, was assas- Mr. Speaker, located in Florida’s 22nd Con- sinated before the eyes of his mother, an old awarded the Nobel Peace Prize in 1986, his teacher beaten to death in the presence of gressional District, the city of Deerfield Beach speech clearly elucidated the link between the his disciples, a nocturnal procession walking has previously been recognized as America’s Holocaust and all other human rights abuses: towards open pits already filled with corpses, First Project Impact Community and as a four- Human suffering anywhere concerns men a beautiful woman driven insane with grief time National Blue Wave award-winner, as and women everywhere.... As long as one before being knifed by the killer—if we want well as an All-America City finalist in 2001.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.003 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1237 Deerfield Beach is not only home to many As an exemplary community association, HONORING TONY SANTY quality corporations and non-profit organiza- Nest 725 has given generously over the years tions, but the city also thrives on the strong to many charitable and patriotic causes includ- HON. SCOTT McINNIS partnerships between non-profit organizations, ing the American Red Cross, Diabetes Foun- OF COLORADO the government and the private sector for the dation, March of Dimes, and Polish Army Vet- IN THE HOUSE OF REPRESENTATIVES betterment of the community. The philosophy erans. The group has also sent donations of these relationships is seen through the overseas to those in need in Poland. Thursday, June 12, 2003 three projects that helped Deerfield Beach re- Through their contributions to the Polish Mr. MCINNIS. Mr. Speaker, I would like to ceive the title of an All-America City finalist. community, Polish Falcons of America Nest take this opportunity to pay tribute to a be- The NE Focal Point/CASA (Children, Alz- 725 has positively impacted youth throughout loved football coach and Grand Junction, Col- heimer’s Senior and Adult Services), Inc., is a the Milwaukee area. It is with great pleasure orado native. Tony Santy has touched many not-for-profit organization that provides mem- that I congratulate Nest 725 on its long and lives in the past 25 years as a teacher, foot- bers of the Deerfield community with many prosperous 87 year history, and wish the ball coach, and mentor. Today, I would like to philanthropic services for the community. Sec- group the best of luck in the years to come. recognize his accomplishments before this ond, the Gateway Community Outreach f body of congress and this nation. (GCO), Inc., operates as a food distribution fa- SUPPORTING GOALS AND IDEALS Tony grew up in Grand Junction where his cility for those in need. Gateway provides OF NATIONAL SEXUAL ASSAULT family has lived since the 1890s. Tony played homeless prevention guidance and financial AWARENESS AND PREVENTION football in his younger years and went on to assistance to its clients. Lastly, the Youth MONTH play at Mesa State College. He later attended Automotive Training Center (YATC) is a non- the University of Colorado and proceeded to profit organization that educates disadvan- SPEECH OF earn his teaching certificate from Western taged youth in not only automotive repair but State College. Although Tony’s father had in academic and future life management skills HON. RAHM EMANUEL originally encouraged him to become a lawyer, OF ILLINOIS through an intensive, nine month classroom his high school coach, George Ryan, inspired IN THE HOUSE OF REPRESENTATIVES and an automotive hands-on training program. Tony to pursue his interest in coaching. Mr. Speaker, I would like to again congratu- Tuesday, June 10, 2003 As recognition for his efforts, Tony was se- late those citizens of Deerfield, Florida and the Mr. EMANUEL. Mr. Speaker, I rise today in lected as one of the 2002 AFLAC National As- delegation of 70 friends, residents and officials strong support of S.J. Res. 8 to raise aware- sistant Coaches of the Year. However, he de- of Deerfield Beach who have worked incred- ness and encourage prevention of sexual as- flects the attention from this award by explain- ibly hard over the past year to receive the title sault in the United States. I commend the ing that the most gratifying part of his job is of All-America City finalist. I go on to wish the leadership for calling up this resolution. the interaction with his student-athletes. He city of Deerfield Beach good luck as they chal- When I worked at the White House to help has been particularly pleased to see some of lenge the other 30 finalists for this award, in pass the Violence Against Women Act, I be- his former athletes follow his example and hopes to receive the ultimate recognition as came aware that sexual assault is a national dedicate their lives to coaching. the All-America City. trauma that affects hundreds of thousands of Mr. Speaker, I am proud to stand before this f people each year. According to the National body of Congress today to recognize the posi- Criminal Victimization Study, 248,000 people tive influence that Tony has had upon the stu- FALCON NEST 725 CELEBRATES over the age of 12 reported being raped in dents and student-athletes of Grand Junction. 87TH ANNIVERSARY 2001. While no one is immune from sexual as- I commend Tony for the fundamental role that sault, some are more vulnerable than others. he has played in imparting strong values to HON. GERALD D. KLECZKA Sadly, children are at the greatest risk. Ac- our future generations. Congratulations, Tony, OF WISCONSIN cording to the U.S. Justice Bureau of Justice and good luck with all your future endeavors. IN THE HOUSE OF REPRESENTATIVES Statistics, 67 percent of all reporting victims of f sexual assault were younger than 18; 34 per- Thursday, June 12, 2003 cent of all victims were under age 12, and one CONGRATULATIONS TO AMANDA Mr. KLECZKA. Mr. Speaker, on Saturday, of every seven victims of sexual assault were TURBERVILLE, MOBILE AREA June 28, 2003, the Polish Falcons of America under age 6. OUTSTANDING EDUCATOR OF Nest 725 of Milwaukee will celebrate its 87h Most sexual assaults fit a similar profile THE YEAR Anniversary as well as its role in hosting the where a child is assaulted by a family mem- 2003 PFA District II Meet and Convention. ber, another trusted adult, or by a juvenile. HON. JO BONNER The Polish Falcons of America came to- The American Academy of Child and Adoles- OF ALABAMA gether in 1887 as an outgrowth of a similar or- cent Psychiatry reports that although sexual IN THE HOUSE OF REPRESENTATIVES ganization in Poland. A fraternal benefit soci- abuse of children is reported up to 80,000 Thursday, June 12, 2003 ety and physical fitness organization, the times a year, that number may be a low esti- group has pursued the goal of a ‘‘sound mind mate of the actual number of such cases. Re- Mr. BONNER. Mr. Speaker, it is with great in a sound body’’ for all of its members. This grettably, too many cases go unreported be- pride and pleasure that I rise to honor and saying in Polish, ‘‘Wzdrowym ciele zdrowy cause of children’s fear of their abusers and a congratulate Mrs. Amanda Turberville for hav- duch,’’ is the organization’s maxim. law enforcement and legal system that does ing recently received the Mobile Area Edu- After the founding of the first nest in Chi- not accommodate their special needs. cation Foundation’s 2003 Outstanding Educa- cago, Illinois, the PFA quickly expanded, and Sexual assault can cripple a child’s psyche tor Award. She truly deserves our warmest by 1894 the organization included twelve and deprive him or her of hope. According to and most sincere congratulations. Her dedica- Nests. Because of the growing popularity of the American Academy of Child and Adoles- tion and hard work have rightly earned her this these local Nests, leaders established the Alli- cent Psychiatry, ‘‘A child who is the victim of prestigious award. ance of Polish Turners of the United States of prolonged sexual abuse usually develops low While among the younger faculty members America. self-esteem, a feeling of worthlessness and an of Phillips Preparatory Magnet School, Aman- In 1916 a group of Polish-Americans in Mil- abnormal or distorted view of sex. The child da Turberville has brought her excitement and waukee organized Nest 725. Young men and may become withdrawn and mistrustful of love for science to all of her seventh grade women in the organization participated in dis- adults, and can become suicidal.’’ While no classes. Her cheerful spirit and love for chil- trict rallies, forming drilling teams and a group single solution will eliminate sexual assault, dren make her a joy to be around, both in and choir and band. education and awareness can go a long way out of the classroom. Mrs. Turberville works More recently, Nest 725 has participated in toward its prevention. Young adults must be hard to keep her classroom an exciting and District and National Gymnastic Meets and given the assistance necessary to stop un- creative workplace for her students. Her stu- Dance competitions, winning national awards wanted sexual advances and to minimize such dents do not just learn science, they learn to in 1984, 1986, 1988, 1992, and 1994. It con- risk. love science. tinues to hold physical fitness and polish Mr. Speaker, I urge my colleagues to join Amanda Turberville graduated from Mis- dance classes. Leaders showcase members’ me in heightening awareness and encouraging sissippi State University in 1997 and has been abilities in meets and performances at Nursing prevention of this urgent problem by voting for teaching middle school science at Phillips Pre- Homes and schools. this important resolution. paratory Magnet School for 7 years. She has

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.004 E13PT1 E1238 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 been energizing to her students since day one lars for various functions for foster children. regarded political pressures and kept focused and she still brings the enthusiastic spark with The funds are used to take children on pic- on his community—working tirelessly on be- which she began teaching to the classroom. nics, swimming trips and various other out- half of Strongsville. Mayor Ehrnfelt expected Her desire to not just teach but to help her ings. Scholarship and burial funds are also others to do their best—and he brought out students want to learn has made her well-de- available. As President of the organization, Al the best in everyone. serving of this distinguished award. goes to Albany once a year to lobby for chil- Mr. Speaker and Colleagues, please join me Amanda Turberville has given an unequaled dren’s rights and also to attend a conference in honor, gratitude and remembrance of Mayor level of hard work and service to her school held by the New York State Citizens Coalition Walter F. Ehrnfelt—an exceptional man and and to her students. Her level of creativity and for Children. He feels it is an honor to volun- caring leader whose life profoundly impacted her desire to make learning fun, have allowed teer in the community where he resides and the lives of thousands. His passing marks a her to touch so many of her students’ lives. for the Department for which he works. deep loss for countless who called him My personal heroes are not the big celebrities Mr. Speaker, Alfred Steiger is committed to friend—including me. Mayor Ehrnfelt’s brilliant but rather the people you do not hear much improving the lives of children, especially and flawless legacy of community progress about. My heroes are the people like Amanda those in need. As such, he is more than wor- tempered with preservation will be remem- Turberville who dedicate their entire lives to thy of receiving our recognition today and I bered always by the people of Strongsville— helping people and making a difference in the urge my colleagues to join me in honoring this and far beyond. Moreover, it was the power of lives of others as well as in our community. truly remarkable person. his kindness, grace, tenacity and heart that Once again, I congratulate Amanda Turberville f uplifted every level of the Strongsville commu- for her service, leadership and dedication to nity. her students and the future of our great coun- IN HONOR AND REMEMBRANCE OF I extend my deepest condolences to Mayor try. MAYOR WALTER F. EHRNFELT, JR. Ehrnfelt’s beloved wife, Anne; his beloved chil- f dren, Walter F. III, Susan, Robert and Judy; HON. DENNIS J. KUCINICH his beloved grandchildren and his beloved TRIBUTE TO ALFRED STEIGER OF OHIO great-grandchild. Mayor Ehrnfelt’s life will IN THE HOUSE OF REPRESENTATIVES serve as an ageless example of leadership, HON. EDOLPHUS TOWNS Thursday, June 12, 2003 service to others and heart—and his legacy OF NEW YORK will forever resound throughout the City of IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today in Strongsville and throughout our entire commu- honor and remembrance of Mayor Walter F. nity. Thursday, June 12, 2003 Ehrnfelt, Jr.—devoted family man, accom- f Mr. TOWNS. Mr. Speaker, I rise in honor of plished community leader, and admired friend Alfred Steiger in recognition of his dedication and mentor. Mayor Ehrnfelt’s vision, integrity FOR YOUR FREEDOM AND OURS: to improving the lives of foster care children. and love for his community led the City of FRED S. ZEIDMAN’S ELOQUENT Al was born on Marion Street in the Strongsville through an amazing journey that REMARKS COMMEMORATING THE Bushwick section of Brooklyn, New York. He lasted more than 2 decades—from a quiet, DAYS OF REMEMBRANCE and his wife Victoria have been married for 29 farming village to a thriving, family-oriented years and are the proud parents of five chil- suburb—all without compromising the City’s HON. TOM LANTOS dren, Victoria, Mary Beth, Al Jr., Virginia and rustic charm. OF CALIFORNIA Jeffery, and the grandparents of three chil- Mayor Ehrnfelt was born and raised in IN THE HOUSE OF REPRESENTATIVES dren, Justine, Joseph, and John. Al and his Strongsville and reflected a life-long commit- wife reside in Oceanside and are members of ment to his community his entire life. From his Thursday, June 12, 2003 the First Presbyterian Church in Oceanside. childhood on, Mayor Ehrnfelt was instilled with Mr. LANTOS. Mr. Speaker, last month lead- Al joined the New York City Sanitation De- a clear focus on family, faith and community. ers and citizens from throughout America partment in 1981 and was promoted to Super- His deep work ethic and high level of integrity gathered in the Capitol Rotunda to commemo- visor in 1989 and was assigned to Brooklyn was reinforced daily while he worked as a rate the Days of Remembrance. This annual Community Board 8 (BK8) as a field officer on butcher at the family-owned meat stand at ceremony assumed special significance this the midnight shift. He conducted field oper- Cleveland’s West Side Market. Mayor Ehrnfelt year, as it took place during the 60th anniver- ations in the Crown Heights and Bedford was content to work in the family business sary of the Warsaw Ghetto Uprising, an event Stuyvesant Community Board (BK3) areas of and did not seek elected office—it sought him. that epitomizes the true meaning of bravery Brooklyn. He was promoted to District Super- In 1973, Mayor Ehrnfelt’s neighbors and and honor. intendent of Brooklyn North 5, which is East friends urged him to run for the office of City Why must we remember this tragedy? Fred New York’s Community Board 5. As District Council. He ran reluctantly, and won. Just 5 S. Zeidman, the Chairman of the United Superintendent, his responsibilities include years later, Mayor Ehrnfelt was appointed States Holocaust Memorial Council, reminded keeping East New York cleaned by garbage Mayor. In 1979 he won his first mayoral race us in his remarks. The Holocaust Museum, he collection, and the removal of snow during by a landslide, and served as Mayor ever explained, must serve ‘‘as a warning to all winter. In September 2001, Al became Presi- since. He quickly became the most popular people, whatever their backgrounds, about the dent of the Steuben Association of the New and beloved Mayor in the history of consequences of hatred and indifference, and York City Sanitation Department. He also Strongsville, and successfully served as Mayor the failure to act.’’ serves as union delegate for Local 444 Sanita- for 25 years. Mr. Speaker, given the challenges our coun- tion Officers. Mayor Ehrnfelt’s unwavering integrity, kind- try faces today, Mr. Zeidman’s words echo In early 1990, Al and his wife felt the need ness and humble nature reflected his char- with uncommon strength. America faces a war to give back something to the community for acter and defined his tenure as Mayor. Yet his against international terrorism, a fight against all of the blessings they have received. So gentle and humble nature belied his deep in- forces that allow bigotry to drive rivers of vio- after filing the necessary documents, they tellect, vision and keen business savvy. His lence. The Holocaust taught us that such evils were accepted as foster parents in Nassau work is clearly evidenced within the significant do not go away if they are ignored. They must County for the Department of Social Services. growth and carefully-planned development of be battled by a global community conscious of Since becoming foster parents, they have fos- his beloved City. From the smallest to the its responsibilities and mindful of its past. tered over 35 children in their care. They were most significant civic endeavor, Mayor Ehrnfelt ‘‘For your freedom and ours.’’ Mr. Zeidman blessed again when they had the opportunity offered the same respect and consideration to used this refrain to characterize the Holo- to adopt their son Jeffrey who came to them everyone involved—regardless of their status caust’s legacy. It was the theme of Jewish when he was only 4 days old. or political affiliation. fighters in the Warsaw Ghetto. It remains true In 1995, Al and Mary saw a need for foster Titles and accolades did not hold signifi- today. parents to come together to better serve the cance for him—care for his family and service Fred Zeidman is the Chairman of Seitel, children for which they were caring. After sev- to community did. Mayor Ehrnfelt was a true Inc., a member of the New York Stock Ex- eral meetings, the Nassau County Foster Par- leader in every sense—a genuine individual change that is a leading provider of seismic ent Association was formed and Al was voted whose modesty and strong sense of self cast data and related geophysical expertise to the in as President. The NCFPA is a not-for-profit a rare and steady beacon of light across the petroleum industry. He is also a prominent ac- organization that has raised thousands of dol- dark game of politics. He consistently dis- tivist in the Jewish community; in addition to

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.007 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1239 his service as Chairman of the U.S. Holocaust are called to demonstrate moral courage. Care Services Act. This important bill would Memorial Council, he holds leadership posi- And each of us, as individuals, does have the provide new rehabilitative care choices for tions in the Anti-Defamation League (South- power and responsibility to make a dif- ference, to act. Medicare beneficiaries while simultaneously west Region), the Jewish Institute for National As we confront the terrorism, hatred, and assisting family caregivers with the difficulties Security Affairs (JINSA), Jewish Federation of virulent antisemitism that pollute today’s in caring for a homebound family member. Greater Houston, and the American Jewish world, we must draw strength from the sur- Committee vivors’ strength, courage from their courage. Specifically, this bill would update the Medi- Mr. Speaker, I would like to enter the re- For your freedom and ours—their history care home health benefit by allowing bene- marks of Fred S. Zeidman into the CONGRES- calls out to us. It is our obligation to ensure ficiaries the option of substituting some, or all, SIONAL RECORD. that the world listens, both now and for gen- of their Medicare home health services for erations to come. DAYS OF REMEMBRANCE REMARKS care in an adult day care center (ADC). f FRED S. ZEIDMAN, CHAIRMAN UNITED STATES The ADC would be paid the same rate that HOLOCAUST MEMORIAL COUNCIL, APRIL 30, ON THE RECOGNITION OF THE would have been paid for the service had it 2003—THE CAPITOL ROTUNDA CITY OF POMPANO BEACH BEING been delivered in the patient’s home. In addi- Survivors of the Holocaust; The Museum’s NAMED A 2003 ALL-AMERICA founding chairman Elie Wiesel, our moral tion, the ADC would be required, with that one CITY AWARD FINALIST compass and humanity’s moral compass; payment, to provide a full day of care to the Secretary Powell; Senate Majority Leader patient at no additional cost to the Medicare Frist, House Majority Leader DeLay, House HON. E. CLAY SHAW, JR. Democratic Leader Pelosi, Senator OF FLORIDA program. That care would include the home Voinovich, Senator Corzine, and other mem- IN THE HOUSE OF REPRESENTATIVES health benefit as well as transportation, meals, bers of Congress; Ambassador Ayalon; My Thursday, June 12, 2003 medication management, and a program of distinguished predecessor Miles Lerman and supervised activities. my co-chair Ruth Mandel; Friends of the Mu- Mr. SHAW. Mr. Speaker, I rise today to rec- seum. ognize the city of Pompano Beach, Florida for The ADC is able to provide these extra Secretary Powell, you have devoted your their selection as a 2003 All-America City services at the same payment rate as home entire life to liberating oppressed people and Award Finalist. It is my pleasure to congratu- health care because there are inherent cost fighting for freedom. We are particularly gratified, Mr. Secretary, that you are able to late the mayor, the city commission, and the savings in the adult day care setting. In the join us today. residents of this city as they are recognized by home care arena, a skilled nurse, a physical For your freedom and ours—there could our nation with consideration for the oldest therapist, or other home health provider must hardly be a more appropriate time, or a more and most respected community recognition travel from home to home providing services appropriate place in which to consider these award in the United States. I also applaud the words. to one patient per site. There are significant Consider the figures in these murals that residents of Pompano Beach for their strong transportation and time costs associated with surround us, the statues on their pedestals. I civic pride and their dedication to their com- this method of care. In an adult day facility, think the leaders they represent would be munity. the patients are brought to the providers, who Mr. Speaker, located in Florida’s 22nd Con- hard-pressed to find a phrase that better cap- see a larger number of patients in a shorter tures what drove them to create a ‘‘new na- gressional District, the city of Pompano Beach tion, conceived in liberty, and dedicated to has been selected as one of the 30 Finalists period of time. the proposition that all men are created for this year’s All-America City Award. This I would like to point out that the bill would equal.’’ For your freedom and ours—the theme of award is the nation’s most prestigious civic not expand the Medicare home health benefit. the manifesto smuggled out of the Warsaw recognition presented to the city who best ex- It does not make any new people eligible for ghetto and posted across the city, written by emplifies the award’s mission to reward ideal the home health benefit nor would it expand its Jewish freedom fighters in what they communities where citizens, government, busi- the definition of what qualifies for reimburse- surely knew would become, in effect, their ness and nonprofit organizations together ex- ment by Medicare for home health services. last testament. For your freedom and ours— hibit superior civic ideals. The city of Pompano To be eligible for this new option, a patient it is a call to service that resonates all the Beach proudly exhibits the All-America City more in light of recent events. What better would still need to qualify for Medicare home words to characterize our national sense of criteria, along with an increased level of com- health benefits just like they do today. They urgency as we confront international ter- munity pride and spirit amongst the city resi- would need to be homebound and have certifi- dents. In the final round of this competition, rorism today. It is an urgency echoed in our cation from a doctor for skilled therapy in the vigorous international leadership, rep- Pompano Beach will present their innovative resented here by Secretary Powell, and the ideas for addressing a wide array of social home. courage of our armed forces, represented by and community issues to a 10–member panel, The Medicare Substitute Adult Day Care the flags of the liberating units and the during their current stay in Washington, D.C. Services Act simply recognizes that adult day young men and women who carry them. So, mindful of the dedication others have Mr. Speaker, I would like to again congratu- care facilities can provide the same health demonstrated on our behalf—whether 60 late the citizens of Pompano Beach, Florida services with the added benefits of social years ago or today—we are here to remember and the distinctive members of their commu- interaction, activities and meals. They also all the victims of the Holocaust as individ- nity who have worked incredibly hard over the offer a therapeutic environment, in which a uals with full and vibrant lives. past year to instill such strong civic pride in group of trained professionals can treat, mon- For your freedom and ours—I truly believe the residents of Pompano Beach which has to the resonance of this battle cry lies behind itor and support Medicare beneficiaries who lead the city to its title of an All-America City the American public’s commitment to the would otherwise be monitored at home by a finalist. I go on to wish the city of Pompano United States Holocaust Memorial Museum. single caregiver. The last ten years have demonstrated that Beach, Florida good luck as they challenge Americans understand our living memorial the other 30 finalists for this award, in hopes Not only does ADC aid in the rehabilitation as a warning to all people, whatever their to receive the ultimate recognition as the All- of the patient, it provides a tremendous benefit backgrounds, about the consequences of ha- America City. to the family caregiver. Many frail beneficiaries tred and indifference, and the failure to act. f cannot be left alone; therefore, caregivers are That understanding is based on our Holo- caust survivors’ most precious legacy—their MEDICARE SHOULD OFFER COM- unable to have a respite or maintain employ- memories. We cannot see all that passed be- MUNITY HEALTH CARE CHOICES ment. If senior citizens could utilize ADC serv- fore their eyes. We cannot endure the terror FOR SENIOR CITIZENS JUNE 12, ices, they would receive supervised care for they suffered. We cannot grasp the human 2003 an entire day and the caregiver would have capacity for evil in the way that they can. the opportunity to work outside the home and/ But through them, it is possible that future generations may be spared a similar fate. HON. GERALD D. KLECZKA or leave the house for longer periods of time. But only, that is, if we learn from, and take OF WISCONSIN Adult day care centers offer high-quality, up, their stories, the lessons of their history. IN THE HOUSE OF REPRESENTATIVES safe, and often preferable alternatives to sen- That is the purpose and the hope of the Mu- Thursday, June 12, 2003 ior citizens who face complete confinement in seum. We may not all be called to the heroism of Mr. KLECZKA. Mr. Speaker, today I am re- the home. I urge my colleagues to cosponsor Vladka Meed, but in one way or another we introducing the Medicare Substitute Adult Day and support this important legislation.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K12JN8.002 E13PT1 E1240 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 CESAR CHAVEZ POST OFFICE service when he returned home in 1951, em- erything they do. True heroes are the Mary barking on a career with the Pueblo Fire De- Smiths in the world. I can think of no one bet- SPEECH OF partment. He ascended to the position of As- ter deserving of this award and distinction. HON. RAHM EMANUEL sistant Chief in 1964, where he continued to Once again, I congratulate Mary Smith for her OF ILLINOIS serve until his retirement in 1979. hard work, dedication, and service to her stu- Esco’s strong commitment to public service dents, to her community, and to our great IN THE HOUSE OF REPRESENTATIVES was only superseded by his devotion to family. country. Tuesday, June 10, 2003 Within his extended family of fellow policemen f Mr. EMANUEL. Mr. Speaker, I rise today in and firemen, he will be remembered as a de- strong support of H.R. 925 to designate Chi- voted husband, father, and grandfather. A TRIBUTE TO DANIEL H. KAHN cago’s 1859 South Ashland Avenue postal fa- Mr. Speaker, I am proud to stand before this cility as the Cesar Chavez Post Office. Congress today to recognize Esco’s devotion HON. EDOLPHUS TOWNS Born on the cusp of the Depression, he to his family and service to his country. Citi- OF NEW YORK knew that hard work in hard times brought zens like Esco provide the strength of spirit IN THE HOUSE OF REPRESENTATIVES only hard luck for farm workers. As a 15-year- and character that make this nation great. Thursday, June 12, 2003 old, Chavez left school when his father was While he will be dearly missed, we can all disabled in a car accident, and he took up take solace in the fact that Esco’s spirit will Mr. TOWNS. Mr. Speaker, I rise in honor of work that would inform his legacy. He worked live on through the lives of those whom he Daniel H. Kahn in recognition of his accom- twelve hours a day hoeing beets and lettuce has touched. plishments in the field of business travel and to help sustain his family. As a child he f for his public service. learned that farm workers’ pay depended on Daniel H. Kahn, CTC is a principal of Mar- the farm owner’s good will or whim. As fields CONGRATULATIONS TO MARY keting Solutions Network, LLC. He is a recog- of fruit ripened before him, he saw that the ag- SMITH, MOBILE AREA OUT- nized expert in the areas of leisure travel, ricultural economy depended on growers’ abili- STANDING EDUCATOR OF THE tourism, corporate travel, and travel and ex- ties to hire enough short-term workers to har- YEAR pense management. Dan has held numerous vest the crop. He also saw how immigration executive and managerial positions in travel policies like the bracero program ensured a HON. JO BONNER management during his 34 years at American steady supply of labor willing to accept de- OF ALABAMA Express. pressed wages. IN THE HOUSE OF REPRESENTATIVES Most recently, Dan was vice-president of Global and Corporate travel for American Ex- But the work that nearly broke his back only Thursday, June 12, 2003 strengthened his spirit, and Cesar Chavez press. In this capacity, he was responsible for went on to be one of this nation’s greatest ad- Mr. BONNER. Mr. Speaker, it is with great the negotiations and management of all of the vocates for farm workers. pride and pleasure that I rise to honor and company’s contracts with the world’s leading With first-hand knowledge of the field’s congratulate Mrs. Mary Smith for having re- travel suppliers, as well as the company’s cor- wretched conditions, of farm workers’ cently received the Mobile Area Education porate travel policies. On an annual basis, he vulnerabilities and of the workers’ essential Foundation’s 2003 Outstanding Educator negotiated contracts in excess of $200 million. role in maintaining agricultural production, he Award. She deserves our sincere and respect- Dan was selected to serve as Deputy Direc- gave voice to hundreds of thousands of mi- ful congratulations. Her dedication and service tor of the White House Conference on Travel grant workers who were too afraid to speak have rightly earned her this prestigious award. and Tourism. As an Executive-on-Loan from out alone. He mobilized the isolated and vul- Mary Smith has taught middle school American Express, he was responsible for nerable into a unified power, and in the proc- science at the Clark School of Mathematics travel industry relations and fundraising activi- ess strengthened the burgeoning civil rights and Science for eleven years. She has been ties for the conference, which was held in movement. The union he founded, United very interactive with her science students, and Washington, DC in 1995. Dan enjoys favor- Farm Workers, adhered to Gandhi’s principles she always gives her time and energy to her able relationships with virtually all of the lead- of nonviolence, and slowly improved the lives students and to her school. She frequently ing travel companies throughout the world. of farm workers and their families by insisting takes her classes on field trips and exposes Throughout his career at American Express, that work conditions are safe and humane. them to hands-on experiments in and out of Dan held position of increasing responsibility Cesar Chavez is an American hero. He be- the classroom. She also gives up many nights including Vice President of Consumer Travel, lieved in the dignity of work, and fought for the and Saturdays to coach the Clark Science Vice President of National Accounts, Vice humane treatment of each worker. His life’s Olympiad. Her dedication and involvement President of Sales Planning and Development, work and guiding values make our society a have made a difference in many young lives. and Vice President/General Manager of Des- better place. I am privileged to stand in sup- One of Mrs. Smith’s newest projects has tinations Services for the U.S. and Canada. port commemorating his life and work with the been to capture the interest of her students Dan is active in a number of travel industry designation of the U.S. Postal Service facility with the NASA space program. ‘‘Signatures in and civic organizations. These include the Na- at 1859 South Ashland Avenue in Chicago as Space’’ is a new government sponsored pro- tional Business Travel Associations (NBTA), the Cesar Chavez Post Office. gram that allows 500 different schools Association for Corporate Travel Executives throughout the country to send their students’ (ACTE), American Society of Travel Agents f signatures into outer space with the next shut- (STA), and the Institute of Certified Travel HONORING ESCO BILLINGS JR. tle launch. Mary Smith was instrumental in Agents (ICTA). He is also on the advisory procuring a spot on the signature list for the board and a charter member of American HON. SCOTT McINNIS Clark School of Mathematics and Science. Sightseeing International, and on the Board of OF COLORADO She also successfully helped a student to Directors for the Vocational Foundation, Inc. IN THE HOUSE OF REPRESENTATIVES apply and get initiated into an extremely com- (VFI), the nation’s first job training and place- petitive national program allowing the student ment agency for youth. He is Chairman of Thursday, June 12, 2003 to communicate directly with the astronauts VFI’s Hospitality program. In his personal life, Mr. MCINNIS. Mr. Speaker, I am honored to via a live telecast. Her devoted spirit and Dan is on the Board of Trustees of Temple stand before this body of Congress today to good-natured heart have made her more than Beth Haverim in Mahwah, New Jersey. pay tribute to a hardworking American. Esco deserving of this honorary award. Dan earned a B.S. in Business Administra- Billings Jr., of Pueblo, Colorado, selflessly Mary Smith has been a real treasure to the tion from Rider College and acquired his Cer- served this great nation throughout his long students and faculty of Clark School of Mathe- tified Travel Counselor (CTC) designation from and dedicated life. It is with great pride that I matics and Science. The extra effort she al- the Institute of Certified Travel Agents (ICTA) take this opportunity to highlight the many ways puts forth has allowed her to touch so in 1972. He lives in Upper Saddle River, New contributions Esco made to his community many young lives. She is always going above Jersey, with his wife Nancy and two daugh- throughout his life. and beyond and it shows in the hearts of all ters, Stefanie and Jamie. Esco answered the honorable call to military that she has touched. Heroes are not just the Mr. Speaker, Daniel Kahn has reached the service twice in his lifetime, serving with the powerful and popular figures seen on tele- highest level of accomplishment in business U.S. Navy during both World War II and the vision. True heroes are the people that touch travel. As such, he is more than worthy of re- Korean War. Esco continued his life of public lives, giving their heart and dedication to ev- ceiving our recognition today and I urge my

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.012 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1241 colleagues to join me in honoring this truly re- sary of the Warsaw Ghetto Uprising, an event Honoring memory as an active stance re- markable person. that epitomizes the true meaning of bravery quires some effort to use it. Even in the and honor. smallest ways, use memory. f Honored guests, one and all: It is April 30, In April 1943, the Gestapo set out to liq- IN HONOR OF THE 85TH ANNIVER- 2003, and we are here to memorialize children uidate the surviving Jews of Warsaw. Most . . . and men . . . and women—millions anni- SARY OF THE UKRAINIAN ghetto residents—over 300,000—had been hilated by guns and gas in the grotesque col- BANDURIST CHORUS deported to Treblinka the previous year, where lapse of civilized society. they faced immediate death in the gas cham- Today we pay special tribute to some of HON. DENNIS J. KUCINICH bers of the notorious extermination camp. those who defied evil with heroic action. Those left in Warsaw vowed not to meet a Their actions offer lessons, warnings, and OF OHIO even inspiration for the issues we face in our IN THE HOUSE OF REPRESENTATIVES similar fate. The Gestapo expected the clearing out of own times. The Warsaw Ghetto Uprising of 60 Thursday, June 12, 2003 years ago is just such an event. At the begin- the ghetto to be a simple operation. How ning of a new and, so far, troubled century, Mr. KUCINICH. Mr. Speaker, I rise today to could a small number of Jews, poorly fed and the uprising’s power to inform, enlighten, honor and recognition of the Ukrainian with few arms, even think about fighting back and challenge our own choices remains Bandurist Chorus as they celebrate 85 years against thousands of machine gun-toting strong. of promoting Ukrainian arts and culture storm troopers? When the Nazis entered the On April 23, 1943, determined to uphold the through their historic and significant musical ghetto on the early morning of April 19th, this honor of the Jewish people in the face of question met with an emphatic answer. Young odds they knew they could not overcome, the achievement focused on the bandura—the Warsaw Ghetto fighters wrote: ageless instrument and melodic voice of the Jewish fighters greeted the Gestapo with a Let it be known that every threshold in Ukraine. hail of bullets and homemade Molotov cock- the ghetto has been and will continue to be The bandura, an instrument that connects tails, forcing the Nazis into a panicked retreat. a fortress, that we may all persist in this acoustic principles of the lute and harp, pro- ‘‘Juden haben waffen,’’ they yelled at the top struggle, but we will not surrender; that, duces a sound that is both strong and fragile; of their lungs. ‘‘Juden haben waffen.’’ Trans- like you, we breathe with desire for revenge it is a sound that has echoed the culture, spirit lated literally: ‘‘The Jews have arms.’’ The for the crimes of our common foe. A battle is being waged for your freedom as well as ours. and people of Eastern Europe for thousands men and women of the ghetto would not die quietly. For your and our human, civic, and national of years—a sound kept alive by the artistic tal- honor and dignity. ent of the bandurists—a sound that signifies a For the next month, the Jews of Warsaw That battle was waged not only in Warsaw. nation’s struggle for freedom—a sound that is fought with a fierce determination that stunned Although Warsaw is most well known, taught to every new generation—a sound that the Nazi leaders and inspired the world. Few throughout occupied Europe there were reaches across oceans and spans centuries. expected to survive, and few did. Neverthe- many brave individuals who took up arms The heart and soul of the Ukrainian less, the courageous men and women of the against their oppressors in order to affirm Warsaw Ghetto live on through the power of their humanity, and ours. Bandurist Chorus encompasses ideals of faith, These brave fighters bequeathed the mem- freedom and the human spirit—reflecting the their heroism and the strength of their sac- rifice. ory of heroic action to a people. Reflecting soul of the Ukraine. The Chorus also rep- on the future of the Jewish people, they real- resents survival and renewel of a persecuted Mr. Speaker, the Days of Remembrance ized that the memory of their efforts would people. Like countless individuals and groups ceremony included moving remarks on the be as important as the struggle itself. seeking freedom from the dark days of Euro- Warsaw Ghetto Uprising by Ruth B. Mandel, The Warsaw revolt began in desperation; pean oppression and war during the 1930’s the Vice Chair of the United States Holocaust ultimately, it was an act of inspiration. They spoke about fighting for their freedom and 1940’s—the artists and musicians of the Memorial Council (USHMC) since 1993. Pro- fessor Mandel is the Director of the Eagleton and ours; they taught us a lesson for their Ukraine were persecuted for their art, faith, time and for ours. In lighting a candle to re- and love of country. But their music and herit- Institute of Politics and Board of Governors Professor of Politics at Rutgers, The State member those who stood against the Nazis, age would survive and grow—in the Ukraine, we honor those who perished and are in turn and in communities across North America, as University of New Jersey. Her contributions to reminded that the moral conscience of the Ukrainian artists and musicians sought refuge the USHMC have been extraordinary, and I’m individual can be a great weapon against in the United States and Canada. honored to enter her remarks into the CON- evil. This was a lesson of the last century; Mr. Speaker and Colleagues, please join me GRESSIONAL RECORD. this is a warning for the present one. in honoring the internationally reknowned DAYS OF REMEMBRANCE REMARKS f Ukrainian Bandurist Chorus, as they celebrate RUTH B. MANDEL, VICE CHAIR UNITED STATES HOLOCAUST MEMORIAL COUNCIL APRIL 30, TRIBUTE TO VIRGINIA ROCKWELL eighty-five years of Ukrainian culture and his- 2003—THE CAPITOL ROTUNDA tory by blending the ageless sound of the Memory and Action HON. SCOTT McINNIS bandura with voices of song—resounding Honored guests, one and all: It is April 30, OF COLORADO Ukrainian history, faith, and struggle for liberty. 2003. We gather to Remember and to pay our IN THE HOUSE OF REPRESENTATIVES The Ukrainian Bandurist Chorus symbolizes respects. To light a candle in memory. Thursday, June 12, 2003 triumph over oppression and the bandura The memory of a past we wish not to re- serves as a stark historical metaphor—lest we peat is tantamount to a hope. Hope can be Mr. MCINNIS. Mr. Speaker, I take this time forget—the strength in our struggle for free- uplifting or comforting, an expectation that to pay tribute to a remarkable woman, Virginia dom, and the fragility in our struggle to pre- something positive might happen—I hope for Rockwell of Swink, Colorado. Virginia has de- serve it—as fragile and strong as the melody good luck; I hope for a cure; I hope for happi- voted more than twenty years of her life to ness. Yet in itself, hope is a passive stance, mentoring and guiding many of Colorado’s of the bandura. a rather weak force. f For memory to be a strong force, it must children. From kindergarten to their senior be the fuel for action. An active stance can year of high school—and often times be- MEMORY AND ACTION: RUTH be inspired by memory, but it cannot linger yond—Virginia has performed her duties as a MANDEL’S REMARKS COMMEMO- in memory. It must move beyond memory. school counselor in the Swink schools admi- RATING THE DAYS OF REMEM- Thus, as we observe this Day of Remem- rably. Virginia’s devotion to our youth is re- BRANCE brance, as we recall our personal nightmares markable and it is fitting that she be recog- and once again revisit our losses, even as we honor those we memorialize—the millions in nized here before this body of Congress and HON. TOM LANTOS the human family, our families, annihilated this nation upon her retirement. OF CALIFORNIA by guns and gas in the unspeakably gro- In the early nineties, Virginia was State IN THE HOUSE OF REPRESENTATIVES tesque collapse of civilized society, let us Multi-Level Counselor of the Year, as well as each consider how to link memory to action. a runner-up nationally. She has worked not Thursday, June 12, 2003 In these frightening, worrisome only with children but also with their parents Mr. LANTOS. Mr. Speaker, last month lead- times, the understandable question of and their teachers in order to provide them the ers and citizens from throughout America despair—‘‘But what can I do?’’—s a per- support and guidance they need to flourish in gathered in the Capitol Rotunda to commemo- fectly rational individual response to school and in life. Even after college, former rate the Days of Remembrance. This annual the magnitude of pain and threat hu- students have not hesitated to come back and ceremony assumed special significance this manity visits on itself regularly. But it seek help from Virginia, whose door is always year, as it took place during the 60th anniver- is not an adequate response. open.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.014 E13PT1 E1242 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 Mr. Speaker, Virginia has touched the lives After graduating cum laude from Boys High and Barton Senior Center, as they celebrate of generations of Swink’s children and I know School in Brooklyn, New York. Dr. Estrada 40 years of uplifting the lives of senior citizens that she will continue to influence lives in the joined the U.S. Navy where he was honorably in Lakewood, OH. I also rise in honor of the future. She has inspired Colorado with the discharged with commendation for heroic ac- founding members, DeArv G. Barton, Frank spirit of dedication and hard work that have tion and participation in the Cuban blockade. Celeste, Gertrude Nelson and Wallace Teare. contributed so much to this great nation and I Following his service in the Navy, Dr. Estrada The concept of the Barton Senior Center of thank her for her efforts. Good luck to you, enrolled in New York University, earning his the Westerly Apartments-combining affordable Virginia. Bachelor of Arts Degree. He was on the senior apartments with a social center that of- f Dean’s List for three years. Dr. Estrada fers a variety of social, educational, rec- earned his M.D. degree from New York Uni- reational and health related activities and pro- CONGRATULATIONS TO LYNN GAR- versity. He has been married for 38 years and grams for seniors-was the first of its kind in NER, MOBILE AREA OUT- has three children and two grandchildren. the country, and has served as the inspiration STANDING EDUCATOR OF THE Dr. Estrada practices Family Medicine. and model for similar projects in Lakewood YEAR Since 1995, he has worked with Mt. Sinai and across the Nation ever since. Services at Elmhurst Hospital Center as an at- The Barton Center came to fruition in 1963 HON. JO BONNER tending physician to the Women’s Primary when the first residents of the newly-built OF ALABAMA Care Health Service. In this capacity, he offers Westerly Apartments realized their need for a IN THE HOUSE OF REPRESENTATIVES direct patient care, supervises direct patient common social area. With help from govern- care, and assures that the medical teams pro- ment loans, foundation gifts and individual do- Thursday, June 12, 2003 vide effective care to patients. In addition to nations, a full service senior center was built, Mr. BONNER. Mr. Speaker, it is with great his hospital duties, Dr. Estrada has a private complete with a spacious lounge and dining pride and pleasure that I rise to honor and family medical practice. room, a fully equipped kitchen, arts and crafts congratulate Mrs. Lynn Garner for having re- Dr. Estrada has a deep interest in the evo- room, library, pool and game room, workshop cently received the Mobile Area Education lution of managed care. He is especially con- and hobby room, and office space. A full-time Foundation’s 2003 Outstanding Educator cerned with the development of protocols for director and activities coordinator was also Award. She deserves our sincere and respect- primary care management in a cost effective hired. Today, the Center also offers daily meal ful congratulations. Her dedication and service system that engenders patient satisfaction as service, banking services, classrooms, com- have rightly earned her this prestigious award. well as staff satisfaction and efficiency. puter lab, auditorium and a greenhouse. The Dodge Elementary School has been de- At this time, Dr. Estrada is actively involved Westerly Apartments and the Barton Center lighted with the 18 years of service Lynn Gar- with many organizations including the Urban both publish regular newsletters that highlight ner has given as a faculty member. She works Health Plan, Inc., where he serves on the current programs and services such as the with all 1,050 students and 66 faculty mem- Board of Directors; the New York University Driver Evaluation Program, Home Town Band bers as the technology coordinator. Her bright School of Medicine Alumni Association, where Concerts, the Holiday Fair and community smile, energetic attitude, and unwavering dedi- he is the Vice-President; the Spanish Amer- transportation services. cation bring a level of cheerfulness and en- ican Medical Society, where he served as Mr. Speaker and Colleagues, please join me richment to the entire school. Past President, and the Queens GYN Society, in honor and recognition of the Fortieth Anni- Mrs. Lynn Garner has always been known where he was the first non-ob/gyn doctor to be versary of the Westerly Apartments and Bar- to go above and beyond in everything she elected. Additionally, he has been certified by ton Senior Center. The founding members, does. She comes to school early and stays the American Board of Family Practice for 25 past and present administrators, staff, and late everyday to provide extra classes and years. residents have transformed a structure of brick help for students and faculty alike, and has Dr. Estrada has also worked with the Chip- and steel into a welcoming and lively social often been known to work on the weekends as pewa Indians in Red Lake, Minnesota, and center, and a place that truly is ‘‘home.’’ well. She gives all of her time while still man- spent a year at Brookdale hospital where he f aging to take classes at the University of served in a variety of capacities. He has also South Alabama in pursuit of a certification in been an interviewer with NYU School of Medi- TRIBUTE TO BARTON PORTER Media Education. One of her more recent cine Admissions Committee and has appeared projects includes redesigning the school’s en- on radio and television stations for Spanish HON. SCOTT McINNIS tire computer lab system to allow her students and English speaking audiences. Dr. Estrada OF COLORADO to benefit by using technology to enhance conducts several speaking engagements at IN THE HOUSE OF REPRESENTATIVES their education. She has been vital to the suc- local schools and libraries as well. Thursday, June 12, 2003 cess of the Dodge Elementary School tech- His most recent awards include the meri- nology program. torious Service Award by the Queen Health Mr. MCINNIS. Mr. Speaker, it is with a sol- Lynn Garner has shown the type of dedica- Network, the Citation of Honor for Professional emn heart that I honor the life of a well-re- tion and service that is rare. Her career has Achievement by the Queens Borough Presi- spected rancher from my district. Barton Por- not earned her fortune or fame, but she has dent, the Recognition Award by the U.S. Cus- ter of New Castle, Colorado recently passed been able to touch and bless the lives of a toms Service, and the Science Award of the away, and as his loved ones mourn his pass- countless number of children. Teachers are Puerto Rican Institute. ing, I would like to pay tribute to this out- the real heroes of our time, heroes that have Mr. Speaker, Dr. Frank Estrada is com- standing individual before this body of Con- touched us all. mitted to providing his community with quality gress and this nation today. Once again, I congratulate Lynn Garner for and effective health care services. As such, he Barton was born in Glenwood Springs, Col- her hard work, dedication, and service to her is more than worthy of receiving our recogni- orado and spent almost his entire life on the students, to her community, and to our great tion today and I urge my colleagues to join me state’s Western Slope. He was a part of what country. in honoring this truly remarkable person. many call the ‘‘Greatest Generation’’ learning f f the meaning of hard work and sacrifice on the battlefield. Like so many young men of his A TRIBUTE TO FRANK ESTRADA, IN HONOR OF THE 40TH ANNIVER- day, Barton served his country by joining the MD SARY OF THE WESTERLY U.S. Army during World War II. After the war, APARTMENTS AND THE BARTON he came home to his family ranch and also HON. EDOLPHUS TOWNS SENIOR CENTER worked in real estate. OF NEW YORK Barton understood what really matters in IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH this world, and he made his family the top pri- ority in his life. Barton was also active in the Thursday, June 12, 2003 OF OHIO IN THE HOUSE OF REPRESENTATIVES community through his involvement with the Mr. TOWNS. Mr. Speaker, I rise in honor of local school board, the 4–H Club, and Stew- Dr. Frank Estrada in recognition of his dedica- Thursday, June 12, 2003 ards on the Range, which promotes sensible tion to serving his community. Mr. KUCINICH. Mr. Speaker, I rise today in management of natural resources. Dr. Estrada was born in Santurce, Puerto honor and recognition of the administrators, Mr. Speaker, I am honored to pay tribute to Rico and immigrated to New York in 1951. staff and residents of the Westerly Apartments the life and memory of Barton Porter. Barton

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K12JN8.007 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1243 believed a man could achieve anything he Wyeth Pharmaceuticals, together with the two terms, retiring in 1955. He was the grand- wanted through hard work and perseverance, American Association of Health Plans (AAHP), son of a Colorado territory pioneer and his setting a great example for younger genera- offers this prestigious award to honor those tenure as mayor is fittingly known for the hard tions. To his family, friends, and the many who have made a significant difference in the work and pioneering spirit he brought to the people in the community whose lives he area of women and children’s health out- office. For his dedication and commitment, the touched, Barton Porter will be deeply missed. comes. AmeriChoice received this recognition city has named a senior center and an audito- f for significant progress in working to ensure rium after him. that New York City’s youngest, most vulner- Mr. Speaker, Quigg Newton will be remem- CONGRATULATIONS TO CATHY able children receive appropriate well care in bered fondly. His service to this country MOSS TAYLOR, MOBILE AREA the first 15 months of life. serves as an example to us all. Quigg Newton OUTSTANDING EDUCATOR OF AmeriChoice of New York serves more than lived his life with integrity, honor, and bravery. THE YEAR 90,000 members in New York City, the major- It is an honor to stand before this body of ity residing in Brooklyn. In 2000, the health Congress and this nation to pay tribute to a HON. JO BONNER plan launched a targeted Well Child Outreach fine man. My prayers go out to all of Quigg’s OF ALABAMA Initiative, designed to increase the number of friends and family in their time of mourning. IN THE HOUSE OF REPRESENTATIVES children receiving five or more comprehensive f well child visits with a primary care physician Thursday, June 12, 2003 in the first 15 months of life. The goal of this HONORING NOBLE FIELDS Mr. BONNER. Mr. Speaker, it is with great initiative was to meet or exceed New York pride and pleasure that I rise to honor Mrs. State’s goal for Medicaid plans in this area. HON. BARBARA LEE Cathy Moss Taylor for having recently re- The plan’s multi-tiered approach entails four OF CALIFORNIA ceived the Mobile Area Education Founda- essential elements. The first part is member tion’s 2003 Outstanding Educator Award. She education and support, which includes tele- IN THE HOUSE OF REPRESENTATIVES deserves our utmost respect and sincere con- phone calls from multilingual Member Services Thursday, June 12, 2003 gratulations. Her dedication and service have staff, postcard reminders and transportation rightly earned her this prestigious award. Ms. LEE. Mr. Speaker, I rise today to honor assistance to support this initiative. Next, is a great community leader, educator, and real Cathy Moss Taylor has always been com- provider education and incentives, which in- mitted to service. She is a math teacher at estate practitioner, Ms. Noble Fields, for her cludes regular patient profile mailings, listing years of service and commitment to the com- Satsuma High School and is deeply committed members due for care and quality award pay- to helping her students learn and succeed in munity. Noble Fields is the founder and direc- ments for physicians whose patients met the tor of the Noble Fields Realty & Investment life. She recently worked to establish a tutorial well child visit requirements. The approach program to help seniors successfully retake Company and School of Real Estate. She is also provides for significant community out- also a woman of many talents. the math section of the Alabama High School reach that includes partnerships with commu- Noble Fields was born in Fresno and en- Graduation Exam. This program has proven to nity-based organizations and other opinion listed in the Army after high school. She was be a great success with over a 90 percent makers to educate members as to the impor- originally trained as a teletype operator, but passing rate. Her commitment to her students tance of well child visits. Finally, AmeriChoice after a career counseling course, she became and to the community has been unsurpassed employs database development systems that an Army recruiter and then an instructor for re- and has impacted all of her students. monitor physicians and members regarding cruiters. Mrs. Cathy Moss Taylor works hard both in well child visits and provides real-time informa- While still in the service, Noble Fields en- and out of the classroom. Despite the time tion on member compliance. tered and won an Army talent contest which she has spent raising her two children and her In two years, the plan has more than dou- resulted in her performing as a singer and niece, she also gives her afternoons by help- bled the number of children completing the se- dancer in many NCO clubs around the world ing to sponsor the Miss Satsuma High School ries of well child visits and exceeded New and with the All Army Entertainment show. Pageant and the Satsuma High School York State’s goal of 55 percent in 2000 and She became an accomplished actress, and screening committee for the Azalea Trail Maid 65 percent in 2001. In fact, the plan scored has since appeared on the San Francisco selection. She has touched so many young highest of all Medicaid plans in New York City stage and has had small parts in major movie lives with her caring and support and has in 2001. productions. She also holds an FCC broad- gone well beyond the duties required by her Mr. Speaker, the leaders of AmeriChoice of job. casting license that she earned while in the New York have taken extraordinary steps to Army and was a radio broadcaster and cable Hard work and dedication are just a few improve the delivery of health care services words that can only begin to describe Cathy television show host in the Bay Area and Indi- for children. As such, the company and its anapolis. Moss Taylor. She is a joy to her students and leaders are worthy of receiving our recognition After 20 years, this Army veteran retired as her peers and her ability to reach out and today. touch the lives of others is a rarity and a spe- a Staff Sergeant with a full brass band cere- cial treasure. Once again, I congratulate Cathy f mony. She has a service-connected disability and is the Commander of Disabled American Moss Taylor for her hard work, dedication, and TRIBUTE TO QUIGG NEWTON service to her students, to her community and Veterans Chapter No. 144, the first woman to our great country. ever to serve in that position. HON. SCOTT McINNIS After leaving the military, Noble worked for f OF COLORADO the National Alliance of Businessmen, a part- IN RECOGNITION OF AMERICHOICE IN THE HOUSE OF REPRESENTATIVES nership of private businesses, labor, and gov- OF NEW YORK: A UNITEDHEALTH ernment. As the Jobs for Veterans Manager, Thursday, June 12, 2003 GROUP COMPANY FOR BEING A she was instrumental in securing jobs and job 2003 AAHP/WYETH HERA AWARD Mr. MCINNIS. Mr. Speaker, it is with a sol- training for Vietnam veterans. WINNER emn heart that I stand before this body of In 1985, Ms. Fields started the Noble Fields Congress today to mourn the passing of School of Real Estate and Appraisal. The HON. EDOLPHUS TOWNS Quigg Newton, who served the state of Colo- school offers approved home study license OF NEW YORK rado with distinction as Mayor of Denver and qualification classes and continuing education IN THE HOUSE OF REPRESENTATIVES as President of the University of Colorado. For courses for real estate and appraiser licens- ninety-one years, the energy and spirit Quigg ees. As we honor Ms. Fields today, I want to Thursday, June 12, 2003 Newton brought to life made many of us be- thank her for her work in promoting the partici- Mr. TOWNS. Mr. Speaker, I rise to recog- lieve that he would never pass away. I honor pation of minorities in the real estate industry. nize AmeriChoice of New York, which is a his many accomplishments here today. I take great pride in joining Ms. Fields’ family, UnitedHealth Group Company, for winning this Returning from his service in the Navy after friends and colleagues to recognize and salute year’s Bronze AAHP/Wyeth HERA award in the Second World War, Quigg Newton moved the accomplishments and contributions of the health plan category. to Denver where he ran for mayor and served Noble Fields.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\K12JN8.008 E13PT1 E1244 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 ISRAEL I also applaud the vision and leadership of managers to establish early detection pro- Scott Fischbach, MCCL’s new Executive Di- grams for insect and disease infestations, with HON. JOSEPH CROWLEY rector. an emphasis on hardwood forests, so that OF NEW YORK Mr. Speaker, I salute MCCL for its 35 years agencies can isolate and treat adverse condi- IN THE HOUSE OF REPRESENTATIVES of work on behalf of our most vulnerable citi- tions before they reach epidemic levels. Thursday, June 12, 2003 zens. Even though the bill was first considered f and marked up in the Resources Committee, Mr. CROWLEY. Mr. Speaker, I rise today to the House Agriculture Committee, under the speak about the continued terrorist attacks SURVIVOR BENEFIT PLAN outstanding leadership of Chairman BOB against Israel. GOODLATTE, received primary referral. While As we all know the President has recently HON. KEN CALVERT associating myself with the able and accurate returned from his first official visit to the Middle OF CALIFORNIA work in the Agriculture Committee’s Report on East where he attempted to move the peace IN THE HOUSE OF REPRESENTATIVES H.R. 1904, as the bill’s primary author I want process forward. During the summit Israel and the Palestin- Thursday, June 12, 2003 to insert some additional language into H.R. ians agreed to the road map—now comes the 1904’s legislative history so as to provide fur- Mr. CALVERT. Mr. Speaker, the Survivor ther clarity as to the intention of Congress in hard part. Benefit Plan was, at one time, a good plan in- Progress will be difficult and we must focus Title VI. tended to provide for surviving spouses of vet- Title VI of H.R. 1904 authorizes the Sec- now on action, not words. In short, perform- erans. Unfortunately, that intention has been ance matters. retary of Agriculture to establish a program lost. The United States must do more to put that uses geospatial and information manage- Now surviving spouses are experiencing the pressure on Israel’s neighbors and make sure ment technologies (remote sensing imaging reality of a one-third drop in benefits when they cease all support of terrorist groups like and decision support systems) to inventory, Hamas and Islamic Jihad. they turn 62 and Congress has yet to take any monitor, characterize, assess, and identify for- With 16 Israelis dead from Wednesday’s action on rectifying this wrong. est stands (and potential forest stands) in the bus bombing, four soldiers killed last weekend, Well, the time has come for Congress to southern and eastern portions of the United and hundreds of other Israelis dead from step up to the plate and provide for our vet- States, with special emphasis on hardwood Hamas attacks, Israel has the right to protect erans what we already provide to our federal forest types. The approach for this effort in- herself and her people from terrorists. civilian retirees. cludes utilizing NASA remote sensing tech- Hamas and other terrorist groups oppose I believe the message of this tragic inequal- nology, emerging geospatial capabilities in re- the road map, they oppose any lasting peace ity is best conveyed by those who must live search activities, validating techniques using with Israel. They oppose the existence of the with it. I would like to read a statement from application demonstrations, and integrating re- Jewish State. a constituent of mine from Riverside, Cali- sults into pilot operational systems. Important These groups have been tolerated for years fornia, Mrs. Marilyn T. Owsley about her expe- issues to be addressed in this region of the by the Palestinian Authority and the PA chair- rience with the Survivor Benefit Plan: U.S. include, but are not limited to, early de- man, Yassir Arafat. My husband would turn over in his grave tection, identification and assessment of envi- The administration must also increase dia- had he known what was happening to me ronmental threats (insect, disease, invasive log with our European allies who continue to with his annuity. He chose SBP for me to species, fire and weather-related risks, other have a decent income along with his Social have relations with Yassir Arafat, as if he were episodic events), loss or degradation of for- the head of state. Support for Yassir Arafat Security. Also, he liked the idea of this an- nuity because you get a cost of living in- ests, degradation of stand quality due to inad- and his terrorist ways must stop. crease each year where other types of annu- equate forest regeneration practices, quan- More support must be given to Abu Mazen ities did not. Together with his Social Secu- tification of carbon uptake rates, and other so he can disarm the terrorist groups so Israel rity and the SBP annuity, I manage. I rent counter management practices. Developing a can live in safety and security. my apartment and pray they don’t increase comprehensive early warning system for po- There will be no peace and there should be the rent too much each year. I gave up driv- tential catastrophic environmental threats to no peace plan until all sides agree that Israel ing my 1983 Chevy as it was too costly to Eastern forests would significantly increase has the right to exist and her people the right keep up with repairs and insurance. I have to depend on someone else to go to the store or the likelihood that managers could isolate and to live in safety on the streets, in cafe´s and on treat any such outbreak before it gets out of their buses—anything else is a failure that the the doctor. If not for my children, I don’t know what I would do. I will be 78 years old control. Such a system could prevent the kind U.S. should take no part in. on October 9, 2003. They say the Golden of epidemic, like that of the American chestnut f Years are good. I say my gold turned to rust. blight in the first half of the twentieth century, MINNESOTA CITIZENS CONCERNED I pray every night the government will do which could be environmentally and economi- something about this problem of the annuity FOR LIFE cally devastating to Eastern forests. reduction. Mr. Speaker, H.R. 1904 is as important as HON. MARK R. KENNEDY Let’s return the benefits to the Survivor Ben- any environmental legislation that this House efit Plan and keep our word to the millions of has passed in a very long time. Title VI in the OF MINNESOTA veterans who, in good faith, signed up for this bill is a critical piece of that landmark forest IN THE HOUSE OF REPRESENTATIVES plan with the expectation of taking care of health program. Thursday, June 12, 2003 their loved ones after they passed. f Mr. KENNEDY of Minnesota. Mr. Speaker, I f rise today to pay tribute to Minnesota Citizens STATEMENT FROM REPRESENTA- Concerned for Life on their 35th anniversary. PROVIDING FURTHER CLARITY AS TIVE TOM DAVIS HONORING THE MCCL is Minnesota’s largest and oldest or- TO THE INTENT OF CONGRESS 80TH BIRTHDAY OF SID YUDAIN, ganization dedicated to preserving the sanctity WITH REGARD TO HR 1904, THE THE of human life. It was founded in 1968 with the HEALTHY FORESTS RESTORA- FOUNDER goal of protecting the lives of the unborn and TION ACT elderly from conception until natural death. HON. TOM DAVIS Since then, MCCL has grown from a handful HON. SCOTT McINNIS OF VIRGINIA of individuals meeting in their kitchens to OF COLORADO IN THE HOUSE OF REPRESENTATIVES 77,000 members in 241 local chapters today. IN THE HOUSE OF REPRESENTATIVES Thursday, June 12, 2003 MCCL works tirelessly to educate the public Thursday, June 12, 2003 on the precious nature of life. MCCL is a Mr. TOM DAVIS of Virginia. Mr. Speaker, major force behind efforts to create a culture Mr. MCINNIS. Mr. Speaker, last month, the ‘‘At every dramatic turning point of our long of life that refuses to accept as common prac- House passed the Healthy Forests Restoration national nightmare known as Watergate, Roll tice euthanasia, human cloning, assisted sui- Act on an overwhelming bipartisan basis. The Call was there. Sid Yudain reported the Wa- cide, and abortion on demand. bill creates a number of new procedures and tergate break-in a full three days before Nix- Through their efforts, MCCL has allowed programs to deal with the nation’s exploding on’s resignation,’’ quipped Washington’s favor- thousands to enjoy the banquet of life who forest health crisis. Importantly, Title VI of the ite political satirist, Mark Russell some twenty otherwise would not have. bill would authorize and direct federal land years ago.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.022 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1245 Russell’s dig was aimed at the man credited PERSONAL EXPLANATION When used properly, OxyContin is consid- with discovering him, Sid Yudain, founder, ered a wonder drug, especially for terminally publisher, editor, and even occasional delivery ill cancer patients. I know what it is like to HON. ELTON GALLEGLY see people suffer from cancer. Both my boy of Capitol Hill’s own newspaper, Roll Call. OF CALIFORNIA mother and father died of cancer. I can re- Now, this weekend Mark and his wife Ali are IN THE HOUSE OF REPRESENTATIVES member my mother constantly asking the hosting—and perhaps roasting—Sid at a party Thursday, June 12, 2003 nurses for more morphine but being told she celebrating his 80th birthday. couldn’t have any more. My mother was in a Mr. GALLEGLY. Mr. Speaker, on June 11, Sid, who had spent several years in Holly- great deal of pain. OxyContin, if it had been 2003, I was unable to vote on the motion for available when she was dying, probably wood following World War 11 where he be- the previous question on the rule for H.R. would have made her a lot more comfortable came a columnist and raconteur for movie 2115. Had I been present, I would have voted at the end. stars, had come to Washington in the early yes (rollcall 257). I was also unable to vote on When used illegally, however, OxyContin 1950’s to work as press secretary for Con- the rule for H.R. 2115. Had I been able to destroys families and communities. It also gressman Al Morano of his home state of can lead to death. This powerful painkiller vote, I would have voted yes (rollcall 258). Fi- has increasingly become a drug of choice for Connecticut. He soon noticed an ongoing void nally, I was unable to vote on H. Con. Res. of information about what was going on people who choose to abuse it by chewing it 110, recognizing the sequencing of the human or grinding it up. By disabling the time re- around the Capitol Hill community. Sure, there genome. Had I been able to vote, I would lease mechanism in OxyContin, abusers get a were plenty of newspapers in town that wrote have voted yes (rollcall 259). heroin-like high. about Congressional legislation and political f Initially, cases of abuse and illegal diver- debates. But an incident involving two Ohio sion occurred primarily in poor, rural com- Congressmen, who were exchanging greet- CONCERN OVER ILLEGAL USE OF munities in Virginia, Kentucky, West Vir- ings when one expressed total surprise at PAINKILLER OXYCONTIN ginia and Ohio. Abuse is no longer limited to learning from the other that a member of their Appalachia. The drug has found its way to state delegation had died, provided the spark urban areas and there are now reports of HON. FRANK R. WOLF widespread abuse as far away as Arizona. that finally led Sid to create his own news- OF VIRGINIA Florida, I am told, has been hit extremely paper, Roll Call, in 1955. IN THE HOUSE OF REPRESENTATIVES hard. Interestingly, Roll Call was not to be a Thursday, June 12, 2003 Several pharmacies in my congressional newspaper about Capitol Hill, but as its mast- District have been robbed at gun point in re- Mr. WOLF. Mr. Speaker, today I want to cent months for OxyContin. No money was head boldly proclaimed, ‘‘The newspaper of bring attention to the illegal use and abuse of taken; the robbers only demanded the drug. Capitol Hill.’’ Judging by the names of those the powerful painkiller OxyContin that is de- Earlier this month, a prominent defense law- who wrote its early columns and stories, it stroying families and crippling communities, yer in northern Virginia who twice served as lived up to its assertion, because Members of particularly in rural parts of the country. South- a local prosecutor in Prince William County Congress and their staffs eagerly contributed west Virginia, western Kentucky and Maine pleaded guilty to federal drug charges linked to its pages. Vice President in- to a large-scale investigation into the illegal have been hit particularly hard. distribution of OxyContin and other pain- sisted on writing a piece about a doorman OxyContin does serve a very real and use- who had passed away, and Senate Majority killers. ful purpose for people with chronic, debilitating Communities where the illegal drug has Leader Lyndon Johnson related through the pain or who are terminally ill. It is hailed as a taken hold are being completely destroyed. I pages of Roll Call his experiences and thanks miracle drug for terminally ill cancer patients. am told there is one county in southwest following his recovery from a recent heart at- I know what it is like to see people suffer from Virginia where no one isn’t either using the tack. cancer. Both my mother and father died of drug, knows someone using the drug or been the victim of a crime by someone needing For the 32 years that Sid owned Roll Call, cancer. My concern is that this powerful painkiller the drug. the paper chronicled life on the Hill and pro- When a professional baseball player re- moted a community spirit where Members and has increasingly become a drug of choice for cently died after taking the dietary supple- staffers of all political persuasions could come people who choose to abuse it; for people ment ephedra, your agency immediately together to celebrate their common service to who have no legitimate need for this pain-kill- issued fact sheets regarding potential serious the American people. Roll Call nurtured clubs ing drug. When taken properly, OxyContin is a risks of dietary supplements containing and organizations, issued the ‘‘Outstanding wonder drug. But when it is ground up or ephedra. You were even quoted as cautioning Staffer’’ award each year, sponsored Con- chewed, the time release mechanism in the all Americans about using dietary supple- tablet is disabled, providing abusers with a ments that contain ephedra. gress’’ annual baseball game, and gave gifted According to fact sheets produced by the and often famous writers of all backgrounds heroin-like high. I am also concerned about how this drug FDA, two deaths, four heart attacks, nine the opportunity to inform and entertain argu- strokes and five psychiatric cases involving ably the most influential readership on the has been allowed to be marketed. Clearly, ephedra have been reported. More than 240 planet. OxyContin should be available for the termi- people have died from the abuse of nally ill. It should also be available to those OxyContin and countless numbers of families And, all this time Sid was having the time of people who suffer with severe chronic pain. I and communities have been torn apart by his life. His Capitol Hill townhouse parties fea- do not believe it should be prescribed to treat this drug. turing steaming cauldrons of his homemade moderate pain. Your agency has done a good job educating soups fed to noteworthy musical and journal- Earlier this year I wrote to the Honorable the public about the dangers of ephedra and istic friends were legendary, and his zany Tommy Thompson, secretary of the Depart- other dietary supplements. I urge you to ini- humor brought raucous laughter to any occa- ment of Health and Human Services, asking tiate a similar public information campaign sion. about the dangers of abusing OxyContin. him to review the marketing of OxyContin and I have previously written to your depart- Sid sold Roll Call in 1988 to spend more its classification for treatment of moderate to ment asking for a review of the marketing of time with his family, friends, and saxophone, severe pain. Here is the text of the letter: OxyContin and its classification for treat- and to get more use out of the stage he built DEAR SECRETARY THOMPSON: in December ment of moderate to severe pain. The Food in his back yard for his music parties, a facility 2001, the Commerce-Justice-State and the and Drug Administration did change the dubbed by associates as ‘‘Sid Trap.’’ Mr. Judiciary appropriations subcommittee held warning label on OxyContin but more needs Speaker, his get-togethers fall somewhere be- a hearing on the illegal diversion of the pre- to be done. The drug should not be marketed to treat moderate pain. I urge you to no tween a Pavarotti concert and a Don Rickles scription drug OxyContin, a pain-killing Schedule II narcotic manufactured by Pur- longer allow OxyContin to be prescribed for roast. due Pharma L.P. One of the witnesses, the moderate pain. Mr. Speaker, I ask my colleagues to join me father of a recovering OxyContin addict, told Too many people have died, too many fam- with Sid’s wife Lael; their children Rachel (and a gripping story of the devastating impact ilies have suffered and too many commu- husband Amar Kuchinad) and Raymond; Sid’s the drug has had on his family and his son, nities have been devastated by the improper who was in his early 20s. He proudly told the use of this drug. other family members; and his cadre of friends committee how his son had just finished Sincerely, in wishing him a most happy 80th birthday. rehab and had kicked his addiction. Sadly, a FRANK R. WOLF, And, with all that talent he still holds in re- few months after appearing before the sub- Chairman, serve, perhaps it’s time to get started on the committee, the son died as a result of abus- Subcommittee on Commerce, Justice, book he’s promised to write. ing the drug. State and the Judiciary

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.025 E13PT1 E1246 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 I also have written Mark McClellan, the West Virginia, Maine, Ohio and Pennsylvania sites, the Michael Shaara Award for Civil War commissioner of the Food and Drug Adminis- are being devastated by the illegal use and Fiction, Civil War Book Review, the Michael tration, six times since April 1 about this issue, abuse of OxyContin. Clearly, there is a prob- Lehman Williamson Collection of Civil War imploring the FDA to take another look at for lem. Some law enforcement officials I have Books for Young People, the David Madden whom and for what this drug can be pre- talked to say the illegal use of this drug could Collection of Civil War Fiction, and the Sesqui- scribed. I have yet to receive a response. be the next crack cocaine. A recent story in centennial Commemoration of the Civil War. The following is an excerpt from a news arti- said that ‘‘no other drug Mr. Speaker, I fully support the objectives cle that appeared in the Orlando Sentinel in in the last 20 years has been abused more and services the USCWC provides. What is February cuts right to the heart of the issue. widely so soon after its introduction’’ than more, I am pleased to introduce legislation The article was written by staff writer Doris OxyContin. today that will include the USCWC in the cre- Bloodsworth. It ran on February 21, 2003. My subcommittee on the Commerce-Jus- ation of the commission to provide grants and Fort Lauderdale—The maker of the highly tice-State and the Judiciary appropriations other assistance to institutions nationwide to profitable narcotic painkiller OxyContin has been aggressively marketing the drug far be- held a hearing last December on OxyContin conduct interdisciplinary Civil War commemo- yond its original purpose to ease the suf- and is pushing the DEA to develop an aggres- rative activities between the years 2011 to fering of cancer patients, according to com- sive plan to combat the illegal use of the drug. 2015. The commission will include members pany documents released Thursday. The hearing was comprehensive. We heard of the U.S. Senate and House of Representa- Purdue Pharma for several years has pro- from the DEA, the pharmaceutical company tives, directors of the and moted the powerful drug to treat less-threat- that manufactures OxyContin, representatives National Archives, and academics in history, ening ailments, such as arthritis and back from the American Cancer Society and the anthropology, sociology, political science, art pain, according to company marketing plans. Those materials also discuss future parents of recovering addicts. history and law. I believe this commission will marketing of the drug to obstetricians and My subcommittee also set aside a signifi- provide the direction and resources needed for specialists in sports medicine. cant amount of money for the Justice Depart- proper Sesquicentennial Commemorations of The company fought to keep the sensitive ment for a grant program to help states de- the Civil War throughout this nation. documents secret, but a circuit judge in velop a prescription drug monitoring system. f Broward County ordered them released as a Ideally, the program would be aimed at moni- result of a suit by the Orlando Sentinel and INTRODUCTION OF THE SECURE the South Florida Sun-Sentinel. toring Schedule II drugs, not all prescription drugs. ANNUITY INCOME FOR LIFE ACT Purdue officials say OxyContin is a highly OF 2003 effective product and, when used properly, In the meantime, I urge the Department of has a relatively low addiction rate. Health and Human Services and the FDA to Federal officials have admonished the com- reexamine to whom this drug can be pre- HON. EARL POMEROY pany several times for marketing the nar- scribed before it does any more harm. Failure OF NORTH DAKOTA cotic inappropriately. And a number of class- to take action will result in more deaths. action suits have been filed against Purdue IN THE HOUSE OF REPRESENTATIVES in other states. f Thursday, June 12, 2003 OxyContin, which has come under fire be- cause of the number of deaths linked to its CREATING A COMMISSION FOR Mr. POMEROY. Mr. Speaker, I rise today to abuse, was introduced in 1996 to help cancer THE SESQUICENTENNIAL COM- introduce the bi-partisan ‘‘Secure Annuity In- patients and others cope with chronic pain. MEMORATION OF THE CIVIL WAR come for Life Act (S.A.I.L.),’’ legislation co- But Purdue, based in Stamford, Conn., rec- sponsored with Rep. JOHNNY ISAKSON (R–GA). ognized early on that non-cancer patients HON. RICHARD H. BAKER This legislation will encourage workers to represented a larger and more lucrative mar- annuitize their savings to provide them with re- ket and sought to expand the use of its time- OF LOUISIANA release painkiller, according to the mar- IN THE HOUSE OF REPRESENTATIVES tirement income for life. Traditionally, guaranteed monthly income keting plans. In a marketing overview for Thursday, June 12, 2003 2002, the company noted that $2.1 billion in sources have provided the best means of re- opiate sales were for non-cancer pain com- Mr. BAKER. Mr. Speaker, in 1996, Con- tirement income security. However, these pared with $396 million for cancer patients. gress designated the United States Civil War sources are playing an ever smaller role in en- The 1999 plans state more than 70 percent of Center (USCWC) at Louisiana State University suring retirement income stability. Social Se- OxyContin prescriptions were written for (LSU) and the Civil War Institute at Gettysburg curity is facing a funding challenge. The per- non-cancer pain. Purdue’s most recent marketing plan College as the co-facilitators of the Sesqui- sonal savings rate is at an all time low while states: ‘‘In 2002 OxyContin Tablets will con- centennial, or 150th, Commemoration of the consumer debt is at an all time high. The tinue to be promoted for use in the non-ma- Civil War in 2011–2015. Legislation estab- number of defined benefit plans, or pensions, lignant pain market.’’ The plan cited as ex- lishing the Sesquicentennial Commission was has decreased by half since 1977—putting amples back pain, osteoarthritis, injury and to be introduced in Congress in 2003. Today pressure on defined contribution plans, like the trauma. I rise to offer this aforementioned legislation. 401(k), to be the primary retirement plan. Another goal was an attempt to ‘‘broaden OxyContin Tablets’ usage in the manage- The American Civil War (1861–1865) was As a result of the growth in 401(k) plans, ment of pain due to various causes (e.g., one of the most violent times in the history of greater amounts of retirement savings will not back pain, osteoarthritis, neuropathic pain, the United States, touching not only every be annuitized. According to the Department of post-operative pain).’’ state and territory, but claiming more than Labor, only 38 percent of workers in a 401(k) This is only one of several news stories 600,000 lives, bringing freedom to over 4 mil- plan have an annuity option available to them. about OxyContin that have been appearing in lion black slaves and destroying property val- However, about $2.5 trillion in retirement as- papers across the country. My congressional ued at $5 billion. The ripple effects of the Civil sets are invested in individual retirement ac- district has not been immune from the damage War and Reconstruction remain today as our counts (IRAs), mostly as a result of rollovers inflicted by the illegal use and abuse of nation continues to wrestle with its legacy of from defined contribution plans. That com- OxyContin. Several pharmacies in my district race relations and federal, state and civil pares with $1.8 trillion in defined benefit plans have been robbed at gunpoint for OxyContin. rights. and $2.4 trillion in defined contribution plans. A former county prosecutor in my district has In 1993, the USCWC was created as a de- The amount of IRA rollovers is expected to in- pled guilty to Federal drug charges as part of partment of the LSU College of Arts and crease by 50% in the next ten years, mostly a large-scale investigation into the illegal dis- Sciences under founding director David Mad- as a result of retirements. Workers will face a tribution of OxyContin. Last month there was den. In 2000, the USCWC became a depart- number of risks when managing these savings a murder in my district that is potentially linked ment of LSU Libraries’ Special Collections. in retirement. to OxyContin. Sadly, the daughter of the man The mission of the USCWC is to promote the When workers take a lump sum distribution, who was murdered died last week of a drug study of the American Civil War from the per- or rolls his 401(k) savings into an IRA, they overdose. Press reports allude that OxyContin spectives of all professions, occupations, and face a number of risks when managing these may have been involved in the overdose. Just academic disciplines in order to facilitate a savings in retirement: last week The Post reported that two slayings deeper, more thorough understanding of one Unpredictable Time Horizon—Life expect- in another part of my district are possibly of the most important events in our nation’s ancy at 65 is at least 18 years—but that is linked to the trade of OxyContin. history. This mission is fulfilled through a vari- only an average and not very useful in plan- Families, communities and careers—particu- ety of projects, including an official web site ning. In fact, 28 percent of females that are 65 larly rural communities—in Virginia, Kentucky, featuring over 9000 links to Civil War-related years old will live to age 90 and 17 percent of

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.029 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1247 males that are 65 will live to age 90. The member of the Faculty and Management Ne- 2001, Lieutenant Colonel Leonard has pro- probability that at least one person from a gotiating Team. However, it was during her vided members of the House Appropriations married couple that is 65 years old will live to presidential leadership that Ms. Warrick was Committee, Subcommittee on Military Con- age 90 is 40 percent. able to make significant changes and improve- struction as well as our professional and per- Market Risk—Retirees have a shorter time ments. She was instrumental in expanding the sonal staffs with timely and accurate support horizon in which to recover from market college curriculum and services to meet the regarding Department of Army plans, pro- downturns. Market downturns at the beginning changing needs of students, business and in- grams and budget decisions. Her valuable of retirement can significantly reduce how long dustry, and community partners. A com- contributions have enabled the Subcommittee a retiree’s nest egg will last. prehensive computer lab was added to help on Military Construction and the Department of Inflation—Income must double over a twen- facilitate additional open access for students the Army to strengthen its close working rela- ty-year period just to stay even with average and to provide instructional support for nine tionship and to ensure the most modern, well rates of inflation. Since most pension plans do new computer science programs. In 2002, she trained and well equipped soldiers attainable not have cost of living income adjustments helped secure $6 million dollars in matching for the defense of our great Nation. each year (unlike Social Security), personal funds from the State of Michigan to build the Mr. Speaker, Lisa Leonard and her hus- savings experience even greater strain. Instructional Center for Business Training and band, Lieutenant Colonel Mark Leonard, have By annuitizing retirement assets—either the Performing Arts, for which ground will be made many sacrifices during their careers in through an employer or private commercial broken within the week. the Army. Her distinguished service has exem- Ms. Warrick has also been actively involved entity—retirees reduce the risk of retirement plified honor, courage and commitment. As in community leadership. She is a member on income instability. Public policy should encour- she departs the Congressional Budget Liaison the Monroe County Industrial Development age individuals to manage their savings during Office to embark on yet another great Army Corporation Board of Directors, the Monroe retirement in a manner that accommodates tour in the service of a grateful Nation, I call County Superintendents Association, the Mon- their daily needs but also ensures that their upon my colleagues to wish them both every roe County Education Personnel Committee, savings will not be exhausted prematurely. success. Only annuities can make this guarantee. An- the Education Advisory Group of the South- east Michigan Community Alliance, and the nuities transfer the risk of outliving assets from f the individual to an insurance company -just Monroe County Chamber of Commerce. More- as individuals transfer risks to insurance com- over, she is a member of Soroptimist Inter- APPRECIATION FOR EXCEPTIONAL panies for their properties, accidents, and national of Monroe, where she has served as STUDENTS AT ST. MARY’S SCHOOL health costs. the scholarship chair for the past nine years. The S.A.I.L. Act is designed to encourage Ms. Warrick’s leadership contributions to individuals to annuitize their retirement savings various professional associations during the HON. SHERWOOD BOEHLERT as an efficient solution to what otherwise could course of her tenure have also been appre- OF NEW YORK ciated. Currently, she is serving on the Execu- be an overwhelming asset management task. IN THE HOUSE OF REPRESENTATIVES Specifically, it would allow workers who partici- tive Board of Michigan American Council in pate in employer sponsored retirement sav- Education (ACE), Network for Women Leaders Thursday, June 12, 2003 ings plans, and who save through IRAs, to re- in Higher Education, the M–TEC Advisory Board for Henry Ford Community College, Mr. BOEHLERT. Mr. Speaker, I would like ceive $3,000 of annual taxfree income from to take this opportunity to express my appre- annuities. Some may consider this a small in- Michigan Community College Association (MCCA) Executive Committee and Presidents ciation for some exceptional students in my centive, but it is a progressive way to entice district in Waterloo, NY. Since Waterloo has low to moderate income individuals to Committee. In addition, she has served as a Consultant Evaluator for the North Central As- been officially recognized as the birthplace of annuitize some of their retirement savings. Memorial Day, which Americans had been I look forward to working with my colleagues sociation of Colleges and Schools since 1986. Throughout her tenure at MCCC, Ms. celebrating for generations, the community to ensure that retirement income security en- takes pride in this historical recognition. courages workers’ to annuitize their savings Warrick has helped the College grow and The students of St. Mary’s school, under the so that they will receive guaranteed monthly prosper. Her commitment to the college and guidance of Principal Fred Smith, recently income for life. I believe this is an important the students has contributed to the success of spent a great deal of their free time painting policy objective and encourage my colleagues MCCC. Ms. Warrick is to be commended for a large American flag on Russ and Teresa to co-sponsor the bill. her tremendous dedication to Monroe County Community College, and the Monroe Commu- Tuthill’s barn at their request. Their patriotism f nity. and pride in America shine through as a bright HONORING AUDREY WARRICK ON Mr. Speaker, I ask that you join me in con- beacon of hope for the future of our Nation. At HER RETIREMENT FROM MON- gratulating Ms. Warrick on her retirement from a time when our very security is at risk, it’s a ROE COUNTY COMMUNITY COL- Monroe County Community College. simple reminder of what liberty means for us. LEGE f I am proud to have such patriotic students TRIBUTE TO LIEUTENANT in my district and I am comforted to know that HON. JOHN D. DINGELL COLONEL LISA LEONARD they will be the leaders of tomorrow. I thank OF MICHIGAN the students of St. Mary’s school for their cre- IN THE HOUSE OF REPRESENTATIVES ative expression of the principals upon which HON. JOE KNOLLENBERG this great Nation was founded. Thursday, June 12, 2003 OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Mr. DINGELL. Mr. Speaker, today, I rise to f recognize and pay tribute to the President of Thursday, June 12, 2003 Monroe County Community College (MCCC), Mr. KNOLLENBERG. Mr. Speaker, I rise PERSONAL EXPLANATION Ms. Audrey M. Warrick. She began her career today to recognize an outstanding Army Offi- at MCCC as a counselor in 1967 and, as the cer, Lieutenant Colonel Lisa Leonard, who has HON. JIM KOLBE college has grown, Ms. Warrick has grown served with distinction and dedication for al- with it. In 1977 Ms. Warrick was promoted to most 2 years for the Secretary of the Army, as OF ARIZONA Assistant Director of Continuing Education and the Congressional Liaison Officer for Military IN THE HOUSE OF REPRESENTATIVES Community Services. After several pro- Construction Appropriations, Congressional Thursday, June 12, 2003 motions, she was eventually appointed, in Budget Liaison Office under the Assistant Sec- 1988, Dean of Student Services, a cabinet retary of the Army, Financial Management and Mr. KOLBE. Mr. Speaker, yesterday, during level position. Ms. Warrick was again pro- Comptroller. It is a privilege for me to recog- the vote on the Welfare Reform Extension Act moted in 1991 to Dean of Instruction and, fi- nize her many outstanding achievements and of 2003 (H.R. 2350), I was present on the nally, in May 2000 Ms. Warrick was appointed commend her for the superb service she has floor of the House of Representatives and did President. provided to the Department of the Army, the register my vote. However, due to a faulty vot- In her 36 years at MCCC, Ms. Warrick has Congress, and our great Nation as a whole. ing card my vote was not counted. Had this served on various committees, including Chair During her tenure in the Congressional malfunction not occurred, I would have voted of the Management Negotiating Team, and Budget Liaison Office, which began in July of ‘‘aye’’ on this vote (No. 261).

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.032 E13PT1 E1248 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 H.R. 2418, ENDING TAX BREAKS women from becoming equal partners, equal During his term as president, Keith ventured FOR DISCRIMINATION ACT OF 2003 players, equal earners—they are not legiti- out into the region to help others. He fought mate. This bill is past due and the time for dis- for livable wages and worker rights for all peo- HON. CAROLYN B. MALONEY crimination is over. ple. He also joined the United Farm Workers’ OF NEW YORK f Movement and became a close friend of the IN THE HOUSE OF REPRESENTATIVES MEMORIALIZING MR. KEITH Cesar Chavez family. Thursday, June 12, 2003 GARVEY After leaving CEMA, he became president and overseer for the County Employees Labor Mrs. MALONEY. Mr. Speaker, welcome. Association. Similar to his work at CEMA, Today, we’re introducing a bill to end govern- HON. MICHAEL M. HONDA Keith continued his mission helping county ment subsidies for private clubs that discrimi- OF CALIFORNIA workers up to his death. nate against women. Ending Tax Breaks for In addition to decades of service fighting for Discrimination Act of 2003 makes it illegal to HON. ZOE LOFGREN the rights of workers and the underrep- take income tax deductions for expenses at OF CALIFORNIA resented, Keith dedicated countless hours to clubs with ‘‘No Women Allowed’’ membership HON. ANNA G. ESHOO the Democratic Party through his service on policies. We think it’s wrong for corporations to OF CALIFORNIA the Santa Clara County Democratic Central write-off big expenditures for entertainment, IN THE HOUSE OF REPRESENTATIVES Committee, on hundreds of democratic cam- meetings and advertising at clubs that keep paigns, on issue campaigns important to work- women out while they target women’s pocket- Thursday, June 12, 2003 ing people, and in his work with his wife for books. Men play and women pay. Mr. HONDA. Mr. Speaker, today I join with Democratic Activists for Women Now. I am joined by my distinguished colleagues, my colleagues, Representatives LOFGREN and Representative BRAD SHERMAN from Cali- ESHOO, in honoring the life of a dedicated pub- Mr. Speaker, we rise to mourn the loss of a fornia, Representative LOUISE SLAUGHTER from lic servant, Keith Garvey. Mr. Garvey’s recent friend and mentor. We have had many oppor- New York, and my friend, Martha Burk—all death ended a life committed to work, people, tunities to work with Mr. Garvey, and what tireless workers in the fight for equality. As a humor, compassion, and most importantly, his was most amazing about him was the hard matter of fact, in the early ‘90s Mr. SHERMAN, family. We also lost a great union leader, who work and determination he had in helping oth- as a member of the California tax board, im- fought for the rights of working families, and a ers. Along with an unmatched sense of humor, plemented this same type of legislation. Since dedicated Democratic Party activist. His work the passion and love he had for public service then, other States, like Colorado and Ken- and legacy will be endure through the many will be missed by many. The Bay Area was tucky, have followed. lives he touched. fortunate to have Mr. Garvey as a resident Right now, conventions and meetings come Born in 1946 to Joseph and Virginia Garvey and activist, and we are personally fortunate right off corporate income tax as legitimate in Pensacola, FL, Keith and his family later to represent a region that Mr. Garvey touched business deductions, including those held at moved to Chicago where his parents raised with his courageous works. private clubs that discriminate. Half the price him to develop a love for public service. Both of a business lunch is deductible. But if you’re of Keith’s parents served in World War II in f a woman, you subsidize one-half a guy’s the Navy. His father, Joseph Garvey, was a LEHIGH VALLEY HERO—TONY lunch with your taxes, even though you can’t wartime pilot and his mother, Virginia Brewster IASIELLO join the club. Garvey, taught instrument flying to British and The whole point is that members of these United States personnel. Keith followed in clubs get financial gains—either indirectly their footsteps in many ways. HON. PATRICK J. TOOMEY through career opportunities and board ap- After graduating from Northwestern Univer- OF PENNSYLVANIA pointments, or directly through tax deductions. sity in 1968 with a Bachelors Degree in His- IN THE HOUSE OF REPRESENTATIVES Women can’t get these same financial gains— tory, Keith answered the Nation’s call to duty just because they’re women. Golf is so in- by enlisting in the Army. During his time in the Thursday, June 12, 2003 grained as a part of business success that Army, he became an excellent soldier and Mr. TOOMEY. Mr. Speaker, today I would business schools teach students how to make leader. In fact, his leadership inspired con- like to share my Report from Pennsylvania for the most of club memberships—the PGA even fidence in his troops who followed him into my colleagues and the American people. sponsors a program called ‘‘Golf: For Busi- battle in Vietnam. His bravery earned him two All across Pennsylvania’s 15th Congres- ness and Life’’ to do just that. But, if you’re a bronze stars and the rank of First Lieutenant. sional District there are some amazing people woman and you can’t get a membership, you After his honorable discharge in 1971, Keith who do good things to make our communities can’t play golf or get the same elite club explored the world and ventured to Australia a better place. These are individuals of all bonus package from your employer that your for a 6 month learning experience, selling en- ages who truly make a difference and help male counterparts can, you’re clearly missing cyclopedias door to door. Following his trip in others. Australia, Keith returned to the United States out. Men get the membership, the deal, the I like to call these individuals Lehigh Valley moving to the Bay Area, a region he would deduction, and women get the bill. Heroes for their good deeds and efforts. This bill ends deductions for advertising, call home for the remainder of his life. travel, accommodation, and meals associated In the Bay Area, Keith started his career in Today, I would like to recognize Bethlehem with these clubs. And it requires discriminatory public service when he was hired by the city Catholic High School Head Wrestling Coach clubs to print right on their receipts, ‘‘not tax of San Jose as an emergency dispatcher. Tony lasiello as a Lehigh Valley Hero. He is deductible’’. When the county took over these services in working hard to make a difference in his com- When I went with Martha in April to protest 1974, Keith began what would be 28 years of munity. male-only membership at Augusta National service to the county as a supervising dis- Tony has built a remarkable record during Golf Club, it was obvious that this legislation patcher and union leader. his 38 years at Bethlehem Catholic High was the next logical step. Money talks. At Au- In 1978, Keith met his wife Carol at work, School. From 1966 to 2003, Tony has gusta, at least 10 major corporations, including where both served as emergency dispatchers. amassed an overall record of 408–228–3. He IBM, Lucent and American Express either After 2 years of dating and working with one has coached 11 state champions, which ranks withdrew or cut back spending on advertising another, they married in Alaska, and, together seventh in the state. The state champions he and corporate hospitality. But all the while as a team, worked to help the public. coached in 1979 achieved that feat through an these same companies are reaching out to With his partner by his side, Keith became undefeated, 18–0, record. He coached five sell their products to women. more involved in his union. Through his dedi- straight PCIAA Catholic State Team Cham- Mr. SHERMAN and I have asked the U.S. cation and tireless efforts, he became a re- pionships from 1968 through 1972. He has Chamber of Commerce to support this legisla- spected union leader. His involvement within coached 29 Catholic PCIAA State Champion- tion. We’re looking forward to their response. the Service Employee International Union ships and 11 PIAA State Champions. Two of Frankly, who in this day and age can object to (SEIU) Local 715 offered a clear and effective his wrestlers won NCAA championships. ending government subsidized sex discrimina- voice to the people he served. As a represent- Tony also has been president of the District tion? ative of his union, Keith earned the respect XI Wrestling Coaches Association for the past I like big business, but women must have a and confidence of his fellow colleagues. Even- 22 years, and served 4 years on the board of seat at the table—the board table. Legitimate tually his volunteer work in the SEIU earned the National Wrestling Coaches Association. tax deductions should continue, but when him the position of president of the County He served as a PIAA referee for 20 years and these deductions support clubs that bar Employees Management Association (CEMA). an EIWA College official.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.038 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1249 Given his very active participation in our lished tradition by the Disabled American Vet- example, the Navy Federal Credit Union set community, and his work in helping shape erans organization, with their 62nd annual up branches and ATM’s in the Persian Gulf young men into responsible adults, Tony State Convention at the Santa Ana Hotel and and onboard ships in order to serve their lasiello is a Lehigh Valley Hero in my book. Casino on Santa Ana Pueblo, New Mexico. Its members during this conflict. Mr. Speaker, this concludes my Report from purpose is to bring together and recognize Credit unions have honored those in service Pennsylvania. those who have fought courageously in our to our country, not just in this most recent war, f Armed Forces from our state and from our re- but in other wars as well. For example, the HONORING THE SERVICE OF gion; who have sacrificed much in the name of members of the National Association of Fed- MICHAEL A. WEISS our great country to insure the security and eral Credit Unions (NAFCU) have raised over freedom of all its citizens. When a citizen $140,000 for the World War II Memorial Fund. thinks of Old Glory, of stars and stripes, of Credit unions serve teachers, firefighters, HON. MELISSA A. HART red, white and blue, they ultimately remember police, federal employees, students and more OF PENNSYLVANIA our men and women in uniform, and the price on a daily basis—including many in this Con- IN THE HOUSE OF REPRESENTATIVES they have paid to defend this nation against all gress. I thank them for supporting the leaders Thursday, June 12, 2003 threats, both foreign and domestic. Some of our government. As non-profit financial co- Ms. HART. Mr. Speaker, today I have the have paid the ultimate price with their lives, operatives with volunteer boards, credit unions honor of saluting a dedicated leader from while others have endured great physical and serve their members’ needs and have been Pittsburgh, PA who has spent the past year mental hardships, from the wounds they have ranked number one in an independent con- doing some remarkable work to help people suffered, and the memories they have lived sumer satisfaction survey for eighteen straight living with diabetes. with from knowing the consequences of war. years—since the inception of the survey. Michael A. Weiss has had a long, success- Every veteran present at this convention is an I applaud the credit unions of this nation for ful and diverse career benefiting numerous example of this enduring and proud spirit. supporting America’s freedom and urge my community and charitable organizations, and it These veterans’ sacrifices and the courage colleagues to do so as well. all started following his graduation from our they have shown must never be forgotten. alma mater, Washington and Jefferson Col- I am also honored to recognize the spouses f lege in Washington, PA. He graduated with and other family members of those veterans SUPPORTING HEAD START honors from W&J in 1970, and went on to who have gone to war for the sake of the earn his law degree from Vanderbilt University United States of America. It is never easy in 1973. He currently serves as a leader of my knowing that your family member is going to HON. JOE BACA former law firm, the DKW Law Group’s Cor- war; of not knowing of the conditions that he OF CALIFORNIA porate Practice in downtown Pittsburgh. Mike or she is fighting in, or the actions he or she IN THE HOUSE OF REPRESENTATIVES was a mentor to me, and the perfect profes- must take to accomplish the mission, or to Thursday, June 12, 2003 sional. He is the kind of attorney who takes protect a fellow soldier. Separation from a good cases, returns calls and gives good ad- loved one is always difficult, and trying. Life Mr. BACA. Mr. Speaker, Head Start is a vice to avoid litigation. Today, however, I want continues even during war, as children are time-tested program that has improved the to pay tribute to his service outside his profes- born, as they continue to grow and mature, lives of children and their families for 38 years. sion, and on an issue very special to Mike, my and holidays and other personal milestones I am proud to say that Head Start has im- family and countless others. pass during this time of separation. Separation proved the lives of those in my home district For the past year, Mike Weiss has served also requires a great deal of endurance as of San Bernardino County, California. as Chairman of the National Board of Direc- well, with the hope that their family members I recently received a letter from Ms. Brenda tors at the American Diabetes Association. will come home safely. It is this lasting sense Clayton, a Head Start staff member in San The ADA is the nation’s leading nonprofit of endurance, patriotism, and dedication to our Bernardino County. In her letter, Ms. Clayton health organization providing diabetes re- nation that characterizes what it means to be says that she sees first-hand, every day, what search, information and advocacy. The mis- an American. a difference Head Start makes to children and sion of the organization is to prevent and cure Mr. Speaker, please join with me to recog- their parents. diabetes and to improve the lives of all people nize these remarkable individuals who are in Ms. Clayton writes, ‘‘I generally see the par- affected by diabetes. It has had many suc- attendance at this convention, both physically ents at initial application or enrollment proc- cesses, making living with diabetes less con- and in spirit, and to remember all that they ess, then I’ll see these same parents 2 to 3 straining and providing info on healthier life- have fought for, and all the victories they have months later and they are excited to share styles, possibly preventing the onset of Type achieved during their careers in the Armed with me all the good and wonderful things II. Forces. their child is now able to say and do, how their Within his role as Chairman, Mike Weiss child has a zest for learning.’’ f has spearheaded the expansion of the ADA’s As we face the Head Start reauthorization advocacy programs. He is responsible for CREDIT UNIONS process, Ms. Clayton has asked me that I do broadening the reach of ADA and increasing everything in my authority to see that her pro- its partnerships with other groups and associa- HON. CHRIS CHOCOLA gram does not become block-granted. Unfortu- tions working towards the same goals. OF INDIANA nately, I must face the reality that this Repub- For his work with the ADA, Mike Weiss will IN THE HOUSE OF REPRESENTATIVES lican-led Congress will impose these block be awarded the 2003 Charles Best Award for grants, leaving less money, less oversight and Outstanding Contributions and Service to the Thursday, June 12, 2003 leaving even more children behind. Cause of Diabetes. Mr. CHOCOLA. Mr. Speaker, it has come to Under a block grant system, Head Start is I wish Mike continued success with the or- my attention that some in my state have ques- not guaranteed to receive funding. We must ganization and his other generous work, and I tioned the patriotism of credit unions, saying make sure that Head Start receives funding commend him on his superior service to his that because they don’t pay federal income and receives it directly so that what little funds neighbors, community and all those who work tax they are ‘‘unpatriotic.’’ Nothing could be that are given to this highly important program toward an end of diabetes. further from the truth. While credit unions are, are not diluted even further. f indeed, tax-exempt nonprofit financial co- It simply doesn’t make sense to put the fate RECOGNIZING A TRADITION THAT operatives owned by their members, their of Head Start into the hands of the States. HONORS ALL DISABLED AMER- record of patriotic service to the people of this Our States are bankrupt! My State of Cali- ICAN VETERANS nation should not be questioned. fornia faces a budget shortfall of $35 billion. Since first established in the United States But once again, we are forcing our cash- during the early 20th century, credit unions strapped States to pick up the tab at our chil- HON. HEATHER WILSON have helped to serve those in our military; dren’s expense. OF NEW MEXICO they are a role model for other financial institu- We have already forced States to pick up IN THE HOUSE OF REPRESENTATIVES tions to follow. Many credit unions have the tab for the unfunded mandates of No Child Thursday, June 12, 2003 worked with our soldiers, sailors and airmen Left Behind. And we’re now forcing States to Mrs. WILSON. Mr. Speaker, June 13th, while they have been stationed overseas dur- take over what the Federal Government has 2003 marks the continuation of a long, estab- ing the recent conflict in the’ Persian Gulf. For proven is a success! Republicans are taking

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.041 E13PT1 E1250 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 an essential program and completely disman- INTRODUCTION OF MEDICARE mium for senior citizens earning up to $17,952 tling it. It just doesn’t make sense! REFORM ACT for singles and $24,288 for couples (200 per- My Republican colleagues are at it once cent of the poverty level). Above that level, the again—trying to limit the role of the Federal HON. LEE TERRY premium paid would decrease by ten percent Government in public education under the ex- OF NEBRASKA for each additional 100 percent over the pov- cuse of ‘‘accountability’’ and better State and IN THE HOUSE OF REPRESENTATIVES erty level. For senior citizens earning over Federal coordination. If accountability was $71,809 for singles and over $101,153 for Thursday, June 12, 2003 such a huge concern, then why does the couples (800 percent of the poverty level), the Head Start reauthorization bill remove stand- Mr. TERRY. Mr. Speaker, I am proud today program would pay 30 percent of their pre- ards and requirements? And if States are fac- to introduce the Medicare Reform Act. Along miums. ing such drastic budget shortfalls, then why with the original cosponsors of the bill, Rep- Income sensitive premiums, competitive are we tempting them with the opportunity to resentative TOM TANCREDO, Representative plans, better cost control and preventative reduce services and transfer funds from Head MARILYN MUSGRAVE, Representative PETE care will ensure that Medicare’s price tag is Start to other services? It just doesn’t make SESSIONS, Representative WILLIAM JENKINS, kept low. In this way, we can assure Medicare will evolve with the times and be solvent for sense. and Representative DON MANZULLO, I believe that this proposal can improve Medicare and the future. The only thing that makes sense is to bring Government cannot prevent Americans from Head Start back to its original, bipartisan state preserve it for the future. Our current system is a patchwork program growing older. But we can help senior citizens with the same strong, Federal accountability enjoy higher quality of life, while providing the standards and increased funding so all eligible governed by tens of thousands of pages of rigid rules, regulations, guidelines and admin- retirees of tomorrow with a sound Medicare children can benefit from Head Start services. program that will still exist for them, too. That is a program that makes sense. istrative decisions and the current system is filled with inefficiencies and waste. While f f Medicare will cover medicine for a patient who CENTRAL NEW JERSEY HONORS receives an injection at a doctor’s office, it will JULIE T. WU OF THE U.S. PHYS- PERSONAL EXPLANATION not provide the same coverage to a patient ICS OLYMPIAD TEAM who chooses to save Medicare doctors’ fees HON. VITO FOSSELLA by administering the same injection at home. HON. RUSH D. HOLT Medicare will pay for a kidney transplant— OF NEW YORK OF NEW JERSEY but not for anti-rejection drugs for the new kid- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ney. If you stop taking medication because of Thursday, June 12, 2003 Thursday, June 12, 2003 the cost, Medicare will pay for a second kid- ney transplant. Mr. HOLT. Mr. Speaker, I rise today in rec- Mr. FOSSELLA. Mr. Speaker, I am not re- Medicare covers the costs of home visits by ognition of Julie T. Wu of Manalapan High corded on rollcall Nos. 257, 258, 259, 260, occupational therapists and physical therapists School in Englishtown, New Jersey. Ms. Wu 261, 262, 263 and 264. I was unavoidably de- but not respiratory therapists. The patient must was in Washington, recently as one of 24 tained and was not present to vote. Had I come to the hospital or doctor’s office—more members of the U.S. Physics Olympiad Team been present, I would have voted ‘‘yes,’’ on expensive options. vying for a chance to represent the United rollcall Nos. 257, 258, 259, 260, 261, 262, 263 In 2002, improper payments in the Medicare States at the International Physics Olympiad and 264. program were estimated at $13.3 billion. Of on July 12th in Taipei, Taiwan. that amount, $7 billion was for services the The U.S. Physics Olympiad program has a f government later deemed medically unneces- long history of success. It is designed to en- courage excellence in physics education and RECOGNITION OF ART BROWN OF sary. to reward outstanding physics students. It pro- HECLA MINING CO. I have authored the Medicare Reform Act of 2003, legislation that would reshape Medicare vides an opportunity for top students to take to closely resemble the health care system for part in an outstanding scientific and cultural HON. C.L. ‘‘BUTCH’’ OTTER federal employees. The Federal Employees experience that would not normally be avail- OF IDAHO Health Benefits Program provides high-quality able through the tradition high school cur- riculum. IN THE HOUSE OF REPRESENTATIVES health benefits to 8.6 million federal employ- The U.S. Physics Team members were se- Thursday, June 12, 2003 ees and retirees, including Members of Con- lected from a pool of more than 1400 students gress, in all 50 states. It is a typical employee Mr. OTTER. Mr. Speaker, I rise today to who where nominated by their high school health plan, except employees have a physics teachers to take the Olympiad physics bring to the attention of the House the distin- choice—they receive a guidebook describing guished accomplishments of Art Brown, chief exams. These students represent the ‘‘best their coverage options and choose the option and the brightest’’ physics talent in our Nation. executive officer of Hecla Mining Company, on that best meets their needs. the occasion of his retirement. Julie is a perfect example of the type of tal- I want to give Medicare beneficiaries the ented and motivated students that take part in Art Brown retired last month from Hecla same options. the program. Mining after 36 years of service. Mr. Brown By providing senior citizens and disabled in- Julie’s accomplishments as a young scholar was manager of the Lucky Friday Mine in dividuals with the same health care benefits are impressive. She has received the Sie- 1979, when silver prices rose from $5 to $50 Members of Congress enjoy, my bill would im- mens’ Award for her performance on the Ad- per ounce, and Hecla became the No. 1 per- prove preventive care and treatment of dis- vanced Placement exams in math and former on the New York Stock Exchange. Last ease. It would provide modern insurance ben- science. Julie is also a National Merit Scholar, year, Hecla’s stock rose 400 percent, again efits, such as preventive and maintenance and has placed 1st in the New Jersey Science making it a top NYSE performer. However, it care for chronic conditions. And as in all pri- League for biology and physics, 2nd in Chem- was not an easy task to keep the company vate plans, a modern prescription drug benefit istry Nomenclature in the New Jersey Chem- afloat during the years between in which it is an inherent part of this policy. istry Olympics, 3rd for the US National Chem- was plagued by low market prices, environ- The health care plan for federal employees istry Olympiad qualifying exam, and 1st for bi- mental litigation and cash-flow problems. has demonstrated success in rural areas. 98 ology and 3rd in chemistry in the National Under Mr. Brown’s leadership, however, the percent of rural counties offer at least three Science Olympiad. company has moved from close to bankruptcy plans, and 87 percent offer six or more In addition to her impressive list of aca- to a viable, growing enterprise producing choices. My bill would create insurance parity demic achievements, Julie has excelled out- record amounts of gold and silver in 2002. through Medicare, by offering identical insur- side the classroom as well. She is co-captain Under the visionary leadership of Art Brown, ance options to beneficiaries in urban and of the varsity tennis team, treasurer of her Hecla Mining Co. has survived and flourished. rural areas on a state-by-state basis. school’s chapter of Junior Statesmen of Amer- The company is now positioned to move for- Finally, my bill would recognize the dif- ica, and a section editor of her school’s year- ward into a future of growth and continued ference between poor and middle class sen- book. profitability. iors, and those in the highest income brackets, We are honored to have Julie representing I congratulate Art Brown on his success, since premiums would be based on level of in- the 12th district of New Jersey at this pres- and wish him an enjoyable retirement. come. My proposal would pay the entire pre- tigious competition.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JN8.045 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1251 SADDAM’S BEHAVIOR JUSTIFIES well. We’re not saying that’s what happened; IN HONOR OF JENNIFER LIBERATION time will sort such matters out. But it ought BERNARDES to go without saying that Americans and Britons don’t need to be ‘‘spun’’ (‘‘conned,’’ HON. DOUG BEREUTER in older terminology) in order to do the right HON. ROBERT MENENDEZ OF NEBRASKA thing. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES The right thing: Ousting Saddam was that. IN THE HOUSE OF REPRESENTATIVES Thursday, June 12, 2003 Exactly that. He was a murderer and a bru- Thursday, June 12, 2003 tal oppressor who helped destabilize a whole Mr. BEREUTER. Mr. Speaker, this Member region and robbed his people of a generation Mr. MENENDEZ. Mr. Speaker, I rise today wishes to commend to his colleagues the of progress. On that basis, Americans and to honor the inspiring dedication of Jennifer June 11, 2003, editorial from the Omaha Britons—along with others in the inter- Bernardes, a 13-year-old student whose com- World Herald, entitled ‘‘The Right Thing.’’ This national community who will now seek to passion has had a wonderful effect on the life editorial correctly notes that the atrocities com- help Iraqis back to their rightful place in the of her fellow New Jerseyan, Harry Ettlinger. world—have nothing to apologize for. Ms. Bernardes was one of the first students mitted by the horrific, repressive regime of in New Jersey to take part in the ‘‘Adopt-a- Saddam Hussein were reason enough for lib- f Survivor’’ program, which matches young stu- erating the people of Iraq. dents with Holocaust survivors. Sponsored by [From the Omaha (NE) World-Herald, June IN RECOGNITION OF KAREN the Holocaust Council of the United Jewish 11, 2003] McCANN Communities of Metro West in Whippany, NJ, THE RIGHT THING this program provides an amazing opportunity Amid all the talk about whether, or even HON. SANDER M. LEVIN for young students to develop lasting relation- if, substantial numbers of weapons of mass OF MICHIGAN ships with and learn from those who have sur- destruction are going to be found in Iraq, it vived or escaped the Holocaust. is also important to ask how much it mat- IN THE HOUSE OF REPRESENTATIVES Mr. Ettlinger, a World War II veteran who ters. Thursday, June 12, 2003 Our assessment is that, yes, it does mat- escaped the Holocaust, was the adoptee of ter—in the sense that strongly couched re- Mr. LEVIN. Mr. Speaker, I rise today to rec- Jennifer Bernardes, an eighth-grade student at ports of such weaponry were at the heart of ognize the long career of Karen McCann as Oliver Street School in Newark, NJ. As a par- the Bush administration’s argument for top- she retires from teaching in the Troy Public ticipant in this program, Jennifer agreed to pling Saddam Hussein. Yet we also believe Schools District in June, after 35 years in the learn about Mr. Ettlinger’s experiences, and to that the answer to the question, while in- tell his story in 2045, the 100th anniversary of structive, is not pivotal. Ousting Saddam classroom. Beginning in 1968, Karen McCann brought dedication and innovation to teaching the liberation of the Nazi death camps. will turn out to be an overarching good deed. Jennifer Bernardes has demonstrated a which continue unabated. Throughout her ca- It stands on its own merits. strong commitment to learn about Mr. At present, the purported weapons are not reer, she has been a model for teachers, new Ettlinger’s experiences and met with him sev- turning up. Does this mean they just weren’t and old alike, as well as a role model for her there, or does it mean that Saddam’s regime eral times over the course of a year to hear students. his first-hand accounts. Recently, Jennifer and the Baath zealots that undergirded it After graduating from Michigan State Uni- were exceptionally good at hiding them or spoke at Newark’s Municipal Holocaust Com- destroying them or spiriting them across versity in 1967 with a degree in Elementary memoration sponsored by Mayor Sharpe international borders? Let’s hope the Penta- Education, Karen McCann began teaching James. She has also taken part in talks at the gon’s new weapons-hunting team, slated to English and Social Studies for seventh Jewish Community Campus in Whippany, NJ, take over the search soon, will provide defin- through ninth grade in the Farmington Public and Oliver Street School, and has spoken with itive answers. Schools District. She eventually taught all sub- other school groups about participating in the Four months ago, Secretary of State Colin jects for students in grades ranging from fifth Powell made an impassioned case before the program. Jennifer’s dedication has taught her to ninth before moving to Bemis Elementary in about humanity’s darkest hour, and, in learn- U.N. Security Council that the weapons ex- the Troy Public Schools District in 1985. isted, along with equipment for making ing Mr. Ettlinger’s story, she has inspired oth- more. We said then that if one-half or even During the course of her career, she has ers to participate in this invaluable program. one-fourth of what Powell was asserting been nominated for numerous awards, includ- Jennifer’s commitment has gone beyond were true, there would be a strong case that ing the Disney American Teacher Award in what the ‘‘Adopt-a-Survivor’’ program hopes to the Iraqis weren’t complying with U.N. man- 2000 and the WDIV Outstanding Teacher accomplish. Earlier this year, Jennifer helped dates. At this point, there has been no hard Award in 2001, and was selected as a Mentor reunite Mr. Ettlinger with Hanne Hirsch, a evidence that the existence of even those Teacher/Trainer by EDS for the MI JASON childhood neighbor and schoolmate from his fractions will be borne out. In addition (as Project from 1997 through the present. hometown of Karlsruhe, Germany, who he had we said then), the evidence of a Saddam-al That she is a good teacher is evident from Qaida link was iffy. not been able to locate after the Holocaust. Fair enough. But we also went on to say what her students have said about her; that On a visit to the Holocaust Museum in Wash- that Saddam nonetheless should be ousted. she is a great teacher is evident from the re- ington, DC, Jennifer and a fellow student no- We stand by that. Saddam’s behavior was marks of parents and colleagues. Parents fre- ticed Mrs. Hirsch’s story at an exhibit, and that of some sort of devil incarnate. He mur- quently expressed admiration for her positive after successfully tracking her down, Mr. dered tens of thousands of his own citizens, attitude, her willingness to communicate with Ettlinger was reunited with Mrs. Hirsch after starved others, tortured and maimed un- them, and her ability to challenge each child 64 years. known numbers more, snubbed agreed-upon regardless of their initial interest in learning. Today, I ask my colleagues to join me in arms inspections and other mandates after honoring Jennifer Bernardes for her devotion the Gulf War of 1991 and attacked aircraft at- Her colleagues have praised her for her en- tempting to enforce ‘‘no-fly’’ zones. thusiasm and creativity. and enthusiasm, and for her commitment to We also said earlier that there were three She brought programs to the classroom that keeping alive the personal histories of Holo- scenarios for Saddam’s departure. In de- gave her students the opportunity to learn in caust survivors. It is through the dedication of scending order of desirability, they were ab- creative ways and offered them unique edu- America’s youth that we can ensure that these dication, liberation of Iraq by a U.N. force or cational experiences. She integrated important stories are never forgotten. liberation via a U.S. attack, aided only by Hyperstudio, multimedia, Internet, and f allies. The last of these three was what played videoconferencing into her lesson plans, allow- CONDEMNING IRAN FOR CON- out. That’s unfortunate, but this is an imper- ing her students to teleconference other stu- STRUCTING A FACILITY TO EN- fect world. Now that world wants to know: dents so that they could learn from each RICH URANIUM, AND FOR SUP- Did the U.S. administration, in company other. She also succeeded in making learning PORTING TERRORISM with Britain’s Tony Blair, (1) get the weap- about science and technology fun for all of her ons allegations right at the time when they students, through her work with the JASON were articulated; (2) err in assessing the evi- Project and the First Lego League. HON. ALCEE L. HASTINGS OF FLORIDA dence; or (3) just plain confabulate in order Mr. Speaker, I ask my colleagues to join me to drum up popular support? IN THE HOUSE OF REPRESENTATIVES in recognizing the important contributions If it turns out to be the last of those three, Thursday, June 12, 2003 then the U.S. and British administrations Karen McCann has made to so many children will take their lumps in the marketplace of and their families during her long and cele- Mr. HASTINGS of Florida. Mr. Speaker, I public opinion and perhaps at the polls as brated teaching career. rise to introduce a resolution, which calls on

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.051 E13PT1 E1252 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 the government of Iran to comply with its NPT demic leader. Today, Paschal exists primarily honor, that I recognize and thank Mrs. Sheila obligations, sign the AIEA Model Additional as a large, urban school with a diverse popu- O’Leary for her years of service to the Immac- Protocol, and halt support for terrorism. Also, lation and student body. The curriculum em- ulate Conception community. Our nation is it asks President Bush and the international phasizes balance, preparing students for col- very fortunate to have her in our schools work- community to renew their commitment to the lege or university life through a variety of aca- ing with the future of our great Nation. war against terrorism, and impede the pro- demic disciplines, clubs, advanced placement liferation of weapons of mass destruction. classes, and a host of athletic teams. This f The proliferation of nuclear weapons any- preparation enables students to understand where in the world poses a serious threat to and appreciate other cultures, become active FLAG DAY international peace and security. The knowl- participants of their community, and take own- edge, non-nuclear materials, and components ership of their education. needed for the production of nuclear weapons Paschal High School is a terrific example of HON. C.A. DUTCH RUPPERSBERGER are already accessible worldwide. The main a successful collaboration between students, OF MARYLAND technical barrier is obtaining the nuclear mate- community representatives, faculty members, IN THE HOUSE OF REPRESENTATIVES rial. Therefore, to prevent any further prolifera- parents, alumni, and the Fort Worth Inde- tion of nuclear weapons, we must work to pre- pendent School district. This collaboration is Thursday, June 12, 2003 vent the propagation of nuclear materials. truly remarkable, when considering the awards The director of the International Atomic En- and accolades that this school has amassed Mr. RUPPERSBERGER. Mr. Speaker, I rise ergy Agency (AIEA) has recently announced since its inception. today to celebrate and acknowledge the ob- that Iran has built a plant to enrich uranium— Again, congratulations to the students and servance of Flag Day, June 14, 2003. a key component of advanced nuclear weap- faculty of Paschal High School in Fort Worth, The American Flag is an integral component ons. This deeply worries me, because U.S. in- Texas for this latest achievement. of many national holidays commemorating the telligence sources indicate that Iran could de- f creation of our nation, the lives of our Found- velop as many as 50 nuclear weapons from ing Fathers, the legacies of great leaders, and TRIBUTE TO MRS. SHEILA this facility. the sacrifices of our military service men and O’LEARY FOR HER 14 YEARS OF Mr. Speaker, members of this chamber women, veterans, and retirees. But Flag Day SERVICE TO THE IMMACULATE have not yet given adequate attention to the is the one day we acknowledge the American CONCEPTION REGIONAL SCHOOL dangers of a nuclear Iran. Flag itself and all it symbolizes. On this day, Iran’s nuclear intentions are a cause of fear. we celebrate the 53rd National Flag Day. It is unclear whether Iran, by pursuing a so- HON. SCOTT GARRETT As our national symbol, the American Flag phisticated and advanced nuclear program, OF NEW JERSEY is our ambassador to all corners of the globe has chosen to break from the NPT treaty now; IN THE HOUSE OF REPRESENTATIVES but it is obvious that it has positioned itself to and beyond, reminding people of who we are do so within a very short time if it ever decides Thursday, June 12, 2003 and what we stand for. The Flag symbolizes to. Mr. GARRETT of New Jersey. Mr. Speaker, what is great about American democracy: the Iran is the most active state sponsor of ter- I rise to recognize the efforts of Mrs. Sheila liberties and freedoms provided by the Con- rorism, and continues to provide material sup- O’Leary. After nearly 40 years as an educator, stitution. It serves as a hopeful symbol of free- port to Hizballah, Hamas, and Islamic Jihad— 14 years of which as the principal of the Im- dom to many people in the world, embodying all recognized terrorist groups. The country’s maculate Conception Regional School (ICRS) the great American Dream of equal oppor- construction of nuclear facilities coupled with in Franklin, New Jersey, Mrs. O’Leary is now tunity for all citizens. its known ties to terrorist groups constitutes a moving on to work at the Catholic Diocese of The American Flag serves as a source of threat to global peace and security. Paterson. pride for special and outstanding achieve- Nuclear materials that could be used to de- Political theorist Henry Adams once wrote, ments, from athletes winning Olympic gold velop nuclear weapons must not fall into the ‘‘A teacher affects eternity.’’ He believed that medals to astronauts reaching the moon. It hands of terrorists or state sponsors of ter- the influence of educators over children is has inspired poets, musicians, and artists. It rorism—like Iran. Preventing Iran from devel- never ending. He understood that educators was the very inspiration for Francis Scott Key oping nuclear weapons capabilities must re- like Mrs. O’Leary play a vital role in the moral in 1814 to write the Star Spangled Banner. main a foreign policy and homeland security and intellectual education of our children. With the British attacking Fort McHenry in Bal- priority. During her years of dedicated service Mrs. timore, Maryland, Key was overwhelmed by There are many difficulties, but also oppor- O’Leary has inspired students, fueled their emotion when the sun rose revealing the war- tunities, on the road towards nuclear non-pro- imaginations, advanced their natural abilities torn flag was still there. liferation. For the last few decades a number and encouraged them to explore the possibili- of diplomatic and political strategies have The Flag continues to inspire people across ties that life has to offer. the world and encourages them to recognize been pursued. Let me empathetically opine As an educator, Mrs. O’Leary could have that we need to redouble these efforts. If we their potential and ability to achieve their own chosen any school to work at—yet she chose version of the American Dream. It is a focal are to achieve a non-nuclear Iran, we must Immaculate Conception. She took road less commit to a thoughtful strategy of dialogue. point of respect for our active duty service traveled and chose to take on the challenge of men and women, military retirees, veterans, f building ICRS into the great school it is today. and those who work tirelessly to protect us: COMMENDING PASCHAL HIGH With her guidance and a strong commitment our police, firefighters, and first-responders. SCHOOL IN FORT WORTH, TEXAS to helping her students, Immaculate is now a better place. By increasing attendance and ex- In times of difficulty the tattered Flag re- panding the number of classrooms, con- minds us of the sadness of war and terror, HON. MARTIN FROST structing new science labs and starting a pre- and the tragic loss of life that all too often oc- OF TEXAS K program, to name just a few, Mrs. O’Leary curs. Yet in such difficult times, the Flag in- IN THE HOUSE OF REPRESENTATIVES has fulfilled her deep conviction in giving every spires and reminds us that we are still here, Thursday, June 12, 2003 child a chance to learn and succeed in life. and that we remain steadfast in our commit- Mr. FROST. Mr. Speaker, I rise today to Truly she has brought new life to the school ment to American democracy. commend the faculty and students of my alma and its community. From school children to Members of Con- mater, Paschal High School in Fort Worth, Over the last 40 years, not only has she gress, many begin their day by reciting the Texas for being ranked among the nation’s fin- taught children the important concepts of read- Pledge of Allegiance. We do not do this as est schools by Newsweek magazine. Officially, ing and writing, but she has also educated mere habit nor do we do it lightly. I, along with Paschal placed No. 12 in Texas and No. 200 them about the difference between right and my colleagues and fellow Americans, have nationally based on advanced placement test wrong. She taught them to welcome knowl- great respect for the American Flag and for all scores. This year alone, the senior class in- edge and to reject ignorance. For this, Mrs. it represents. It is a great privilege to rep- cluded 11 National Merit Scholarship O’Leary is a model for America’s educators resent the Maryland 2nd Congressional Dis- semifinalists. and young people to follow. trict and to honor the American Flag for all it Founded in 1885, Fort Worth’s oldest high On behalf of the people of New Jersey’s embodies at this critical time in our nation’s school has always been regarded as an aca- Fifth Congressional District, it is with great history.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JN8.055 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1253 RECOGNIZING THE MILITARY SUR- group as the only veterans who would be eligi- UNLAWFUL INTERNET GAMBLING VIVOR BENEFITS IMPROVEMENT ble for nursing home services. This was defi- FUNDING PROHIBITION ACT ACT OF 2003 nitely not Congress’s intention and I want to ensure that the Department is very clear about SPEECH OF HON. ILEANA ROS-LEHTINEN that. HON. BRAD SHERMAN OF FLORIDA Congress passed the Veterans Millennium OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Health Care and Benefits Act (P.L. 106–117) IN THE HOUSE OF REPRESENTATIVES Thursday, June 12, 2003 in 1999. The bill contained a number of meas- Tuesday, June 10, 2003 ures designed to shore up the long-term care Ms. ROS-LEHTINEN. Mr. Speaker, I am The House in Committee of the Whole mission in VA. Even then, it was apparent that proud to be a cosponsor of H.R. 548, the Mili- House on the State of the Union had under VA had begun to abandon its role in traditional tary Survivor Benefits Improvement Act of consideration the bill (H.R. 2143) to prevent long-term care. VA now acknowledges that the the use of certain bank instruments for un- 2003. This bill aims to ensure the well-being of majority of its ‘‘nursing home’’ beds are dedi- lawful Internet gambling, and for other pur- our veterans, an issue of crucial importance to cated to post-acute care, short-term evalua- poses: me. tion, and rehabilitative care missions. It con- Mr. SHERMAN. Mr. Chairman, I rise to ex- Many veterans in my congressional district tinues to turn away from custodial care for vet- press my support for H.R. 2143, the Internet expressed to me their concerns regarding the erans. Gambling Prevention Act of 2003, passed by treatment of elderly military survivors. Several the House on June 10, 2003. In response to this shift in mission, Con- veterans wrote letters to me stating their worry I am a strong believer of the simple prin- gress was able to agree to a small core-group that ‘‘unlike other federal survivor programs, ciple: ‘‘You should have to leave your house the military Survivor Benefit Plan (SBP) annu- (now known as Priority Group 1A) who would to lose your house.’’ Thus, I believe we should ity is reduced at age 62 from 55 percent to as be eligible for long-term placement in a VA prohibit Internet gambling except when the little as 35 percent of SBP-covered retired nursing home. VA would not be able to dis- gambler is known to be physically present in pay.’’ charge these veterans without the consent of a location the ‘‘sovereign’’ of which authorizes Many older retirees and survivors were not the veteran or his representative. In addition, the particular gaming. This does take steps to informed of the age-62 reduction when they Congress agreed to inclusion of non-institu- prevent unlawful Internet gambling, especially signed up for SBP in the 1970s, and are tional long-term services in the definition of gambling through websites based off-shore, shocked to learn their survivor’s annuity will be ‘‘medical services’’ that comprise VA’s benefits outside of the regulatory jurisdiction of the far less than expected. The government pro- package. The Millennium Bill also established United States. vides federal civilian survivors a substantially a ‘‘capacity requirement’’ that required VA to During consideration of H.R. 2143, I voted higher share of retired pay for life, with no maintain its long-term care services at the FY for the Sensenbrenner/Conyers/Cannon benefit reduction at any age. 1998 level. amendment which would have removed lan- For some, the sharp annuity drop at age 62 What has occurred in response to this legis- guage from the bill that would have excluded offsets the amount of the survivor’s Social Se- lation has been discouraging to say the least. transactions with businesses licensed by a curity benefit attributable to the member’s uni- A letter covering a report VA prepared to dis- state from the definition of ‘‘bet and wager.’’ formed service. For those who have become cuss implementation of the law signed by Sec- There are at least two problems with this pro- retirement eligible since 1985, it is a reduction retary of Veterans Affairs Anthony J. Principi vision which unfortunately (due to the non- from 55 percent to 35 percent of SBP-covered states: ‘‘. . . there is evidence of only small adoption of the said amendment) remains in retirement pay. changes in VA’s long-term care (LTC) services the bill. In order to respond to these valid concerns, that were a direct result of the Act versus what First, the provision does not assure that the I strongly support H.R. 548. This bill increases VA had already planned in providing LTC for gaming is legal at the location where the gam- the minimum Survivor Benefit Plan basic an- veterans. In addition, there was only a small bler is actually located. Second, the loophole nuity for surviving spouses age 62 and older, increase in numbers of veterans 70 percent does not provide parity for tribal governments and provides for a one-year open season service-connected or greater who were esti- running casinos. Because tribes that run casi- under that plan. The bill seeks to balance eq- mated to need nursing home care but who ac- nos enter into compacts with the State to offer uity and cost considerations by phasing out tually received that care from VA.’’ these facilities, they are not licensed by the the age-62 benefit reduction over five years. state. The Military Survivor Benefits Improvement In addition there is a long history of cor- Mr. Speaker, as H.R. 2143 moves to the Act of 2003 is an important piece of legislation respondence between Congress and the Ad- Senate and ultimately to a conference com- that addresses the needs of our Nation’s vet- ministration about the ‘‘capacity’’ requirement. mittee, I am hopeful that we can remove this erans and their families. This bill will certainly As part of its proposal for fiscal year 2004, VA loophole from the legislation. improve the lives of our country’s veterans by would cut an additional 5000 nursing home f giving them the benefits that they deserve. beds from its program projecting an average f daily census (ADC) of 8500. At the end of FY HONORING MYRA KELLY 2002, it was already considerably short (ADC VETERANS NURSING HOME CARE of 11,969) of its FY 1998 required level (an HON. ELIOT L. ENGEL ACT OF 2003 average daily census of 13,391). OF NEW YORK The news is not just bad for institutional IN THE HOUSE OF REPRESENTATIVES HON. LANE EVANS care. This May, the General Accounting Office Thursday, June 12, 2003 OF ILLINOIS released a report I requested that looked at IN THE HOUSE OF REPRESENTATIVES Mr. ENGEL. Mr. Speaker, I rise today to the availability of non-institutional long-term honor a woman who believes that every child, Thursday, June 12, 2003 care. It identified major gaps in access and regardless of color, creed, economic status, or Mr. EVANS. Mr. Speaker, I rise in support availability of services—including those Con- disability has the inherent right to receive a of H.R. 2445, the Veterans Nursing Home gress meant to include as part of the ‘‘basic quality education. And it is because of this Care Act of 2003. I am introducing this bill in benefits’’ package available to every enrolled deeply held personal belief that Myra Kelly order to extend the assurance of a meaningful veteran. has dedicated her life to a career serving the nursing home benefit for the majority of our I note that I am not the only one who is ap- children of her community. service-connected veterans. I want to ensure parently concerned about VA’s vanishing nurs- A lifelong New Yorker, Myra began her ca- that medically necessary nursing care is at ing home mission. The Chairman of the Sen- reer as a teacher in Community School District least available to those with conditions related ate Veterans Affairs Committee, Arlen Specter 9. While there, she taught general elementary to their military service. has introduced legislation, S. 1156, which ex- school, junior high school math and elemen- This winter, the administration surprised us tends the requirement to provide long-term tary special education. Myra then proceeded with a new proposal for saving VA about $235 nursing home care to veterans with service- to spend the next 30 years of her professional million. Instead of using the guarantee for connected conditions rated at least 50 per- career in the New York Department of Edu- nursing home care as a minimum threshold for cent. I look forward to working with him on this cation. In this capacity, she acted as a school veterans to whom VA must provide unlimited legislation. I urge all Members of the House to Psychologist in District 10 and was the Super- nursing home care, it proposed to define this support this measure. visor of Psychologists for District 11. While

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.059 E13PT1 E1254 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 Myra has excelled in each of her professional haps only a few desks from her current one in Nobody ever said thanks positions and given of herself freely to every the Senate Press Gallery—but she leaves a When my babies student, the most rewarding experience of her gaping hole for her predecessor to fill. Climbed into their tanks; Never had accounts in banks career was her work with children with severe Joan, I wish you all the best in your new Only crumbs for welfare ranks, emotional disabilities. job. You’ll be missed. Congratulations! Butt of jokes and office pranks, Myra’s dedication to education was also evi- f Pride they always made me smother— dent in her own life. And like all good teach- Despised begging welfare mother. ers, she practiced what she preached. Ms. THE CHILDREN OF WORKING AND Welfare clerks take up Kelly’s academic credentials are truly impres- WELFARE FAMILIES ARE ON So many hours of my time sive. She received both a Bachelors and a THE FRONT LINES Shuffling me round from line to line. Clerk questions and forms Masters degree from Lehman College, her Nearly choked me to death, Professional Diploma from the City College of HON. MAJOR R. OWENS Governors and Mayors held me down New York, and a School District Administra- OF NEW YORK Till I almost ran out of breath. tor’s credential from the College of New Ro- IN THE HOUSE OF REPRESENTATIVES Worked in many stores chelle. Except for her dissertation she has Thursday, June 12, 2003 Scrubbed a whole lot of floors, also completed all of her work for a Doctorate Once was tempted to hang out in the Learning, Language, and Literacy pro- Mr. OWENS. Mr. Speaker, yesterday, on a With a ring of cheap whores; gram at Fordham University. suspension vote we reauthorized the current At home always heavy chores, Too tired to keep a job, I hope that new teachers and school psy- Temporary Assistance For Needy Families (TANF) legislation leaving in place a very hard Then my welfare clerk attacked chologists are inspired by Myra’s dedication to With poison arrow eyes; her chosen career. The New York Department hearted and contemptuous piece of the so- In front of her something in me dies, of Education will sorely miss her. called safety net. Farm subsidies may go as Acts like its her money I would like to join the New York Depart- high as 200,000 dollars per recipient with few Used to ask if I had a honey, ment of Education, her family and friends in qualifying provisions attached; however, wel- Charges me with lies, thanking Myra for her years of service and fare recipients with a family of four receive be- Envies what was once Between my thighs. wishing her congratulations on the occasion of tween 4,000 and 6,000 dollars per year. On the day before the reauthorization there was Be nice if I still had a man, her retirement. I miss hugging and stuff f yet another nasty Republican slur at the poor But men are like babies and at families on welfare: ‘‘These people And six kids was enough. HONORING THE SERVICE OF want a welfare check, not a child care tax They all had the same daddy BATON ROUGE ADVOCATE RE- credit.’’ This demonization of the poor has es- But my husband died too soon, PORTER JOAN MCKINNEY calated among Republicans despite the fact Strangled by escaping gas that it has clearly been established that on the With no mask front lines in Iraq, Afghanistan, the Baltic In the factory back room. HON. CHRISTOPHER JOHN All my kids OF LOUISIANA states and elsewhere more than ninety per I found some way to feed— IN THE HOUSE OF REPRESENTATIVES cent of our troops are from poor and working They grown now class families. Because most of them were Thursday, June 12, 2003 And your molasses pity draftees it is probable that more than two- Don’t none of them need. Mr. JOHN. Mr. Speaker, I am honored to thirds of the heroes whose names are carved I let my daughters-in-law have been a member of this body for the past on the Viet Nam Memorial Wall came from Keep all the war insurance money; seven years. In that time our world and our families eligible for welfare and other social They take good care of their kids Congress have gone through times of grief, services. Washington decision-makers should As far as I can see; Don’t want my grandsons destruction, joy and prosperity. Through it all, try to imagine the emotions of welfare mothers Still standing there has been a constant voice at my side who search for the names of their sons at the In the soup kitchen line with me. asking me the tough questions and reporting Viet Nam Memorial Wall. To prime the imagi- Its me alone now— news of my actions in Congress to the news nation of those who will soon be deciding how My social security consumers in Louisiana. many more American sons and daughters are Covers most of the rent As of today, that voice will move on to ask going to be sent to Iraq I offer the following But then its all spent; others the tough questions and aid Capitol RAP meditation: For food each month I survive on Hill’s press gallery reporters in relaying the lat- WELFARE MOTHER AT THE VIETNAM WALL Whatever crumbs God has sent. est news to their vast readerships. After 24 O so long I saved My struggle goes on years as the Baton Rouge Advocate’s Wash- For the Greyhound bus fare With MedicAid Madams ington reporter, Joan McKinney is putting her To travel to this great wall Demanding my birth certificate skills to use in a new arena as Deputy Direc- Just to sit and stare. Again and again tor of the U.S. Senate’s Daily Press Gallery. From across the park They keep on trying to break me in. My colleagues and I in the Louisiana dele- They all look the same Let them shove their questions and forms— gation will miss her energy, her attentiveness, But take it slow Don’t push on me no more I find each separate name. I done come through too many storms. and most of all her objectivity. Joan’s depth of Girls names you can play with— Why go back to the welfare folks? historical and institutional knowledge of both Towana Shoshana Sojourner; Maybe I’ll just die House proceedings and the Louisiana Con- But all my boys I gave Right here and my boys gressional Delegation is unrivaled. Having Names from the holy bible— Will bear my body home. begun her career as press secretary to U.S. Joshua, Joseph and Paul Soldiers hear your mama call! Senator FRITZ HOLLINGS of South Carolina, Now they decorate this great American Wall. Break from the ranks Joan understands the challenge of being both Officers respected my boys And leave the wall! question asker and information giver. And found them strong, From each of your flags They used to get rough A little bit of cloth Her colleagues at The Advocate describe But they did no wrong. To quilt me a coffin cover; Joan as ‘‘an excellent reporter who worked Angry snakes inside me Maybe somebody will blow a horn very hard to understand the complex issues Keep coiling, To let the world know I’m your mother. she covered through the years. She under- Maybe I shouldn’t be bitter No, God forgive me! stood the federal system and was able to an- But nobody asked I am a mighty American mother! ticipate developments on important stories. When they drafted my litter. It wouldn’t be right And, she was very good at understanding and O God! To die here and spoil this place, communicating how federal issues might play Stop my streaming blood I got a duty to uphold our dignity, From boiling, We are a proud and loyal race. out in Louisiana and how they might affect All my days My bus return ticket is here, people here.’’ Are filled with toiling; I’ll face that MedicAid Madam We will all miss Joan’s coverage of our live- Never owned a dress of silk And swallow my fear; ly delegation, her ear for a unique angle and But my breasts My heroes would be ashamed her inquisitive spirit. She’s not going far—per- Filled up rich with milk. If I ever shed another tear.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A12JN8.063 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1255 O God! Members of the women’s second four boat cause of a death in the family. If I had been Stop my steaming blood from boiling; were: coxswain Ashley Thompson, stroke present, I would have voted as follows: June Angry snakes inside me keep coiling. Stephanie Baker, 3-seat Amber Flynn, 2-seat 5, 2003, rollcall vote 248, on agreeing to S. I’ll tell the snob To take her fancy form and shove it, Kelly Wernecke, and bow Moria Holt. This 273, I would have voted ‘‘yea.’’ Her trashy mind can’t spoil me time it was Fairfax and West Springfield left f behind in the Wolverines’ wake, as West Poto- I’ll fly high way up above it. TRIBUTE TO DANA JOHNSON OF Witch look down on me no more mac posted a winning time of 6:25.6 with their I’m ready to settle the score; skilled and cohesive rowing. BATTLE CREEK, MICHIGAN—EX- Tell me face to face Mr. Speaker, in closing, I would like to take CEPTIONAL TEACHER Before I crawl— this opportunity to congratulate all of the ath- How many of your sons letes of the West Potomac High School rowing HON. NICK SMITH Have their names program. Their dedication, persistence and re- OF MICHIGAN Carved up on the Vietnam Memorial Wall? solve deserve our highest praise. I ask that IN THE HOUSE OF REPRESENTATIVES f my colleagues join me in congratulating this Thursday, June 12, 2003 group of extraordinary competitors. RECOGNIZING WEST POTOMAC Mr. SMITH of Michigan. Mr. Speaker, Edu- HIGH SCHOOL VIRGINIA SCHO- f cation is the key for our Nation’s future pros- LASTIC ROWING CHAMPIONSHIPS TRIBUTE TO PERK VICKERS perity and security. The formidable responsi- GOLD MEDAL WINNERS bility of molding and inspiring young minds to HON. TOM DAVIS HON. SCOTT McINNIS the avenues of hope, opportunity and achieve- OF COLORADO ment rests partly in the hands of our teachers. OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES Today I would like to recognize a teacher from IN THE HOUSE OF REPRESENTATIVES Battle Creek, Michigan that most influenced Thursday, June 12, 2003 Thursday, June 12, 2003 and motivated exceptional students in aca- Mr. TOM DAVIS of Virginia. Mr. Speaker, I Mr. MCINNIS. Mr. Speaker, it is an honor to demics and leadership that were winners of rise today to recognize an extraordinary group rise today to recognize the hours of dedication the LeGrand Smith scholarship. of young men and women in Northern Virginia. and hard work that Perk Vickers has invested Mr. Dana Johnson teaches mathematics at This year, athletes on the West Potomac crew for the betterment of the Lake Fork community the Battle Creek Area Mathematics & Science team took four gold medals at the Virginia of Colorado. Perk has recently announced his Center. He is credited for instilling in students Scholastic Rowing Championships. These ac- retirement from his seat on the Hinsdale an enthusiasm for mathematics. In one stu- complished individuals are tenacious, driven County Planning Commission, a seat he has dent’s own words, ‘‘Mr. Johnson made math contributors to their high school community, held for almost 30 years. I would like to take come alive, and he always gave real-world ex- On April 26, 2003, West Potomac achieved this opportunity to recognize the great leader- amples of even the most abstract topics.’’ The its unprecedented success on the Occoquan ship that Perk has shown and to highlight the respect and gratitude of his students speaks River. The four first place West Potomac many accomplishments he has made to his well of Mr. Johnson’s ability to challenge boats were the men’s first four boat, the wom- community. young minds to stretch the mental muscles en’s first four boat, the men’s second four Perk has served Colorado with vision and and strive to achieve the best that is in them. boat, and the women’s second four boat. commitment for over half a century. Besides Mr. Johnson’s excellence in teaching chal- Crew is a difficult sport that requires strength, his notable service to the Hinsdale County lenges and inspires students to move beyond cooperation, coordination, strategy, and per- Planning Commission, Perk has served as the teen-age tendency toward surface study sistence. The youthful athletes of West Poto- chairman of the Hinsdale Republican Party for and encourage deeper thought and connec- mac demonstrated all of these traits in their over 50 years, as well as serving as the 34- tions to the real world. No profession is more quest for the state championship, and I am year director of the Upper Gunnison River important in its influence and daily interaction sure that they will continue to excel as sports Conservancy District. In addition, Perk has with the future leaders of our community and team members and as citizens. spent 36-years serving as Hinsdale County’s our country, and Dana Johnson’s impact on In a thrilling race, the men’s first four earned representative to the Colorado River Water his students is certainly deserving of recogni- gold for West Potomac for the first time in 16 Conservation District. In the 1950’s, Perk was tion. years. Trailing McLean for much of their race, instrumental in the creation of Club 20, which On behalf of the Congress of the United the Wolverines sprinted just past their oppo- he helped form to bring twenty Western Slope States of America, I am proud to extend our nents in the closing meters for a photo finish. counties together in order to promote roads highest praise to Mr. Dana Johnson as a mas- At the official ceremony, the results of the race and tourism. He also founded the Hinsdale ter teacher. We thank him for his continuing were revealed: West Potomac won the 1,500- County Chamber of Commerce, which cele- dedication to teaching and his willingness and meter race by four-tenths of a second! The brated its 50th anniversary this year. In short, ability to challenge and inspire students for members of the winning men’s first four boat Perk’s dedication has been inspirational, and leadership and success. were coxswain Helen McGuirk, stroke Kip Colorado has benefited greatly from his serv- f Wanser, 3-seat Will Aramony, 2-seat Luke ice. Urban, and bow seat Paul Burgess. These Mr. Speaker, it is with great admiration that INTRODUCING A RESOLUTION FOR Wolverines took the crown from defending I pay tribute today to the many services Perk A U.S. POSTAGE STAMP COM- champion, McLean in a high-paced, enthralling Vickers has performed on behalf of the citi- MEMORATING ANNE FRANK display of teamwork and athleticism. zens of Colorado. I wish to extend my heartfelt The women’s first four also came from be- gratitude for his many examples of community HON. STEVE ISRAEL hind in a tense and hard-fought race to win service that have helped make Colorado a OF NEW YORK their gold. Gloucester led for most of the race, more prosperous, friendlier, and beautiful IN THE HOUSE OF REPRESENTATIVES with West Potomac taking the lead with about place to live. I know that men like Perk never Thursday, June 12, 2003 500 meters remaining and holding off rest, and so I wish to congratulate him now on Mr. ISRAEL. Mr. Speaker, I rise today to in- Gloucester for a 1.5-second victory. Coxswain his Lifetime Achievement Award and his retire- troduce a resolution that expresses the sense Ashley Morris, stroke Natalie Jones, 3-seat ment. I wish him success in all of his future of Congress that the United States Postmaster Dorothy Baden-Mayer, 2-seat C.J. Jenkins, endeavors. Perk, thank you for your service. and bow Kate Lord made history with their win General should issue a postage stamp com- as the first West Potomac women’s varsity f memorating the 75th birthday of Anne Frank. quartet to claim Virginia Scholastic Gold. PERSONAL EXPLANATION As we all know, Anne Frank documented Continuing the winning streak for the Wol- her life during the Nazi occupation of Amster- verines that same day was the men’s second HON. HENRY E. BROWN, JR. dam in a diary that she called ‘‘Kitty.’’ The diary became her confidant, and she wrote four boat, manned by coxswain Stephanie OF SOUTH CAROLINA about her experiences before the occupation, Zvonkovich, stroke Trey Burnett, 3-seat Justin IN THE HOUSE OF REPRESENTATIVES Brown, bow Alex Fedgatten, and 2-seat An- going into hiding, and the tortuous years in drew Norbert. West Potomac held off Mathews Thursday, June 12, 2003 hiding. She has come to be a girl we all feel and Gloucester for the win with a time of Mr. BROWN of South Carolina. I was un- we know well, a personification of good in the 5:37.3. able to participate in the following vote be- face of hatred, murder and genocide.

VerDate Jan 31 2003 02:57 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.066 E13PT1 E1256 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 Anne Frank: The Diary of a Young Girl has than a century. In 1891, the United States of TRIBUTE TO THE MCCOLLOUGH been translated into 67 languages and has America imposed the Disabled Veterans Tax. INVADERS IN THEIR 38TH YEAR sold more than 31 million copies. It is the most We did not call it by this name. We did not widely read memoir of the Holocaust. For even call it a tax. Instead we called it a prohi- HON. CHARLES B. RANGEL many American students, this book is their bition upon concurrent receipt. We called it OF NEW YORK first exposure to the horror and historical something few Americans would understand. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, our predecessors in Congress uniqueness of the Holocaust. Thursday, June 12, 2003 Anne Frank has become an inspiration to called their law a prohibition upon concurrent youth of all faiths and is a symbol of children receipt because they did not want to call it Mr. RANGEL. Mr. Speaker, today I rise to throughout the world who suffer in war, sub- what it is, a tax on disabled veterans. This bad honor the McCollough Invaders, a gospel mis- jugation and oppression. She serves as a bea- law prohibits retired veterans from receiving sionary brass band who this week will be cele- con of bravery, hope and tolerance under the both their retirement pay and any benefit for a brating their 38th Anniversary. most harsh, inhumane conditions. Her life and service-related disability at the same time. In These men are only a few of the many un- death are reminders of the need for constant effect, it is a 100% tax on a retired veteran’s sung heroes of our community, who have vigilance and international human rights. disability benefits. As a veteran’s disability in- given of their time and have never asked for U.S. postage stamps have honored well-re- creases, so does the tax imposed by our gov- anything in return. This group of men began spected and influential people, and I believe ernment. their careers as early as 9 years of age. Dur- that Anne Frank deserves recognition. It is ap- Mr. Speaker, it is time to call the concurrent ing the 1960s, these boys were encouraged propriate to honor her in this very unique way. receipt prohibition what it really is: the Dis- by the late Bishop Walter McCollough to make Today Anne Frank would have been 74 abled Veterans Tax. It was wrong then. It is a positive contribution to the community while years old. She was a talented writer, and her wrong now. It is time to end the Disabled Vet- simultaneously improving the quality of their contribution to the world cannot be under- erans Tax. own lives. Mr. Speaker, I receive a disability benefit for Many came from broken homes where there stated. In one year from today, we will be re- wounds received in Vietnam. But my benefits was no father figure. Their grandparents, membering her on her 75th birthday. I am are not taxed away. The Disabled Veterans aunts, uncles, older brothers, sisters, other rel- hopeful that this postage stamp will be issued Tax does not apply to me because I only atives or friends would step in when a parent in time for this milestone. served two years. Had I provided more service I encourage all my colleagues to cosponsor was not around. In order to make ends meet, to my country—enough to be entitled to mili- this important resolution. many of their families depended on public as- tary retirement benefits—then the Disabled sistance. In some cases, these boys were left f Veterans Tax would tax away my disability to themselves to survive on their own. SOUTH CAROLINA SEWER DIVERS benefit completely. Despite these personal obstacles, these Mr. Speaker, I cannot imagine how any young boys devoted their lives to ministering member of this body can defend the Disabled music to many in need of relief from the day- HON. HENRY E. BROWN, JR. Veterans Tax, a tax that not only punishes dis- to-day frustrations and anxieties of life. OF SOUTH CAROLINA abled veterans, but punishes most those who Throughout the 1960s, they performed around IN THE HOUSE OF REPRESENTATIVES served our country most, those who made the the country. Their dedication to the peace Thursday, June 12, 2003 military a career. Congress should be movement and to playing Gospel music ashamed of itself. helped shaped the America we know today. Mr. BROWN of South Carolina. Mr. Speak- Mr. Speaker, for years a large majority of er, in South Carolina, a new breed of heroes Today the McCollough Invaders are still the members of this House have cosponsored making history. Some of these young men no are saving the city of Charleston from a poten- House Resolution 303, a bill that would end tially catastrophic sewage explosion and sub- longer live in New York. However, they con- the Disabled Veterans Tax. And for years, tinue to influence and help others cope with sequent environmental disaster. It will take House Resolution 303 has been bottled up in years and millions of dollars to replace the life’s frustrations by making burdens just a lit- committee, just like campaign finance reform tle bit lighter. Some have used what they have aging Charleston sewage tunnels. Until then, was bottled up. The discharge petition process the Commissioners of Public Works are calling learned many years ago by working with forced a vote on campaign finance reform. I young Gospel bands and marching bands in upon divers to repair the existing pipes and am using that same process to force a vote on tunnels. Already two sewage tunnels have suf- other inner cities in Washington, DC, and ending the Disabled Veterans Tax. Charlotte, N.C. Their travels have taken them fered minor cave-ins, but these divers were At last count 322 members of this Congress able to prevent the dumping of millions of gal- as west as California and as south as Florida. are co-sponsors of House Resolution 303. Others have become business leaders or lons of wastewater into the harbor. Sewage Only 218 of these co-sponsors must sign the entrepreneurs in the fields of finance, divers are crawling more than 120 feet under- discharge petition for us to force a vote. This healthcare, energy, and technology. Many ground into a mire which is so dark and filled bill has broad bipartisan support. Both Demo- continue to work with youngsters who are mir- with murky sludge that even the strongest light crats and Republicans have co-sponsored rored images of themselves almost two scores is unable to reveal what surrounds them. House Resolution 303. I am a Georgia Demo- ago. It is certain that these young men have Daily, these brave men risk their lives to crat, but by my discharge petition seeks to been and will continue to be role models for protect the well being of other citizens in their force a vote on a bill authored by a Florida others who will also make significant contribu- community. Although their job has a high level Republican. tions to our communities. of difficulty, the divers do not complain but Mr. Speaker, some will ask whether we can Though the McCollough Invaders can be fearlessly complete what they believe is ‘‘just afford this tax cut, whether we can afford to let heard on any given Sunday at the same their job.’’ these disabled veterans keep their benefit venue in Harlem, New York at 125th Street On behalf of the residents of South Carolina money. I believe many cosponsors of House and Frederick Douglass Boulevard, we join the and especially Charleston, I would like to com- Resolution 303 have already answered that City of New York on Saturday, June 14, 2003 mend the sewer divers for their bravery, self- question twice this year. These cosponsors al- as The McCollough Invaders celebrate 38 lessness, and dedication to the historic city ready have voted for tax cuts 400 billion dol- priceless years of providing service to the Har- and its overall welfare. lars and 200 billion dollars greater than what lem community and the world. f we eventually enacted. So Mr. Speaker, on the question whether we should finally elimi- f DISABLED VETERANS TAX nate the Disabled Veterans Tax, I trust we will A TRIBUTE TO AL DAVIS not hear questions about affordability coming HON. JIM MARSHALL from those already on record in support of far, SPEECH OF OF GEORGIA far larger tax cuts. HON. XAVIER BECERRA Mr. Speaker, the Disabled Veterans Tax is IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA wrong. As of this morning, 322 cosponsors of IN THE HOUSE OF REPRESENTATIVES Thursday, June 12, 2003 House Resolution 303 agree with me. Let’s Mr. MARSHALL. Mr. Speaker, today I am bring it to a vote. No more half measures. No Tuesday, June 10, 2003 signing a discharge petition that I brought to more evasions. No more hypocrisy. It’s time Mr. BECERRA. Mr. Speaker, I rise this the House floor to right a wrong that has been for members who continually co-sponsor this evening to join with my colleagues and cele- done to disabled American veterans for more bill to put up or shut up, once and for all. brate the life and mourn the untimely, tragic

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.070 E13PT1 June 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1257 death Friday evening, May 30, of Albert J. lack of funding for education and homeland vestment, because the government was in Davis, Chief Democratic Economist of the security initiatives, and as the President is cut- surplus,’’ says Robert Hormats, vice chair- House Ways and Means Committee. ting services for the many in his incessant man of Goldman Sachs International. ‘‘Now, Let me express my deepest condolences to thirst to help the wealthy few, Thomas Fried- with these looming deficits, China and Japan are being asked to finance our government’s Al’s longtime companion, Mary Beilefeld. man offers a view in his column ‘‘Read My actual operations.’’ That makes us very de- While our words today cannot replace the loss Lips’’ in the June 11, 2003 edition of the New pendent on their willingness to continue felt by Mary, I hope it is somehow comforting York Times, which I recommend to all my col- sending us hundreds of billions of dollars of that her loss is not only hers but is shared by leagues, Democrats and Republicans alike. It their savings. Should China and Japan not the Members and staff of the House Com- is as follows: want to play along, your services will very mittee on Ways and Means and by all inside [From the New York Times, June 11, 2003] likely be cut even sooner (unless you believe and outside of this institution who had the READ MY LIPS in ‘‘voodoo economics’’). Which is why Democrats should rename this tax bill the privilege of working with Al. (By Thomas L. Friedman) China-Japan Economic Dependency Act. I never saw a day when Al did not possess Democrats have been groping for a way to I don’t think Democrats can win the presi- an amiable and peaceful air about him. And counter George Bush’s maniacal tax cuts, dency with a single issue. You win the presi- when you got him talking, it was wonderful which are designed to shrink government dency by connecting with the American peo- seeing this gentle man’s passion for his work, and shift as many things as possible to the ple’s gut insecurities and aspirations. You for economic justice and fairness come pour- market. May I make a suggestion? When you win with a concept. The concept I’d argue for shrink government, what you do, over time, is ‘‘neoliberalism.’’ More Americans today ing out, the passion that fueled his mind and is shrink the services provided by federal, body while he spent long hours in his Long- are natural neolibs, than neocons. state and local governments to the vast Neoliberals believe in a muscular foreign worth office writing the reports and memos on American middle class. I would suggest that policy and a credible defense budget, but also henceforth Democrats simply ask voters to which my colleagues and I on the House a prudent fiscal policy that balances taxes, substitute the word ‘‘services’’ for the word Ways and Means Committee relied. deficit reduction and government services. ‘‘taxes’’ every time they hear President Bush During the past several years, Al provided To name something is to own it. And the speak. Democrats, for too long, have allowed the us with the most up-to-date, readable, and, That is, when the president says he wants dare I say, entertaining analyses of budget yet another round of reckless ‘‘tax cuts,’’ Bush team to name its radical reduction in and tax information available in Washington. which will shift huge burdens to our chil- services, and the huge dependence it is cre- There were many flights back to dren, Democrats should simply refer to them ating on foreign capital, as an innocuous where a stack of Al’s most recent memos writ- as ‘‘service cuts,’’ because that is the only ‘‘tax cut.’’ Balderdash. This new tax cut is a dangerous foray into wretched excess and it ten late the night before or bright and early way these tax cuts will be paid for—by cuts in services. Indeed, the Democrats’ bumper will ultimately make our government, our- that morning helped me pass the time and selves and our children less secure. prepare for the committee or floor debates sticker in 2004 should be: ‘‘Read my lips, no new services. Thank you, President Bush.’’ f ahead. Say it with me now: ‘‘Read my lips, no new I have many fond remembrances of Al. For services—or old ones.’’ FLORIDA’S FALLEN HEROES instance, there were the times when the two Whenever Mr. Bush says, ‘‘It’s not the gov- of us and perhaps John Buckley, his colleague ernment’s money, it’s your money,’’ Demo- crats should point out that what he is really HON. JOHN L. MICA on the Ways and Means Committee Demo- OF FLORIDA cratic staff and accomplice in such matters, saying is, ‘‘It’s not the government’s serv- ices, it’s your services’’—and thanks to the IN THE HOUSE OF REPRESENTATIVES would sit behind the committee dais in 1100 Bush tax cuts, soon you’ll be paying for Thursday, June 12, 2003 Longworth and in an effort to liven things up many of them yourself. a bit, devise a spirited line of questioning for As the former Nixon-era commerce sec- Mr. MICA. Mr. Speaker, as our Nation re- a witness before the committee. Or other retary Peter Peterson just observed in this membered its war dead on Memorial Day and times when with only moments to spare, Al newspaper, when Mr. Bush took office the 10- June 6th D-Day, I believe it is fitting to pay would come through with a quote, note, num- year budget projection showed a $5.6 trillion tribute to all of those who have paid the ulti- surplus—something that would easily mate sacrifice. In our most recent conflict in ber, or other factoid from his encyclopedic prefinance the cost of Social Security. The memory or his always-threatening-to-burst ac- first Bush tax cut, coupled with continued Iraq, 14 individuals from my State of Florida cordion file folder that was central to the argu- spending growth and the post-9/11 costs, gave their lives in service to our Nation in that ment I was preparing to make during a tax brought the projected surplus down to $1 war. While we honor and remember all those mark-up. But perhaps my fondest memories of trillion. ‘‘Unfazed by this turnaround,’’ notes brave men and women and their loved ones Al will be the after-hours, informal banter in Mr. Peterson, ‘‘the Bush administration pro- who have given their full measure of devotion the hallways or whenever we would run into posed a second tax-cut package in 2003 in the to their country from the days of the American face of huge new fiscal demands, including a Revolution to this hour, I submit the names of each other in which the thoughtful, comedic, war in Iraq and an urgent ‘homeland secu- and interesting character of this wonderful rity’ agenda.’’ Result: now the 10-year fiscal the following members of our military, their human being would shine. projection is for a $4 trillion deficit. age, service and Florida hometown for special Mr. Speaker, Al Davis was a public servant This in turn will shrink the federal govern- remembrance: in the best sense of the phrase. The work he ment’s ability to help out the already Lance Cpl. Andrew J. Aviles, Tampa,18, did, whether it was writing memos, crunching strapped states. Since most states have to Marine Corps. numbers, or producing charts and graphs, was run balanced budgets, that will mean less Cpl. Armando A. Gonzalez, Hialeah, 25, health care and kindergarten for children Marine Corps. all with the goal of ensuring that the public and the poor, higher state college tuition, was served well by its government. I will long smaller local school budgets and fewer state Cpl. John T. Rivero, Tampa, 23, Army Na- remember Al and his contributions to the service workers. And Lord only knows how tional Guard Infantry. Ways and Means Committee and this House we’ll finance Social Security. Lance Cpl. Brian R. Buesing, Cedar Key, and I ask that my colleagues remember and Everyone wants taxes to be cut, but no one 20, Marine Corps. honor his memory as well. wants services to be cut, which is why Demo- Lance Cpl. David K. Fribley, Fort Myers, 26, crats have to reframe the debate—and show f Marine Corps. President Bush for what he really is: a man PFC Michael R. Creighton Weldon, Palm THOMAS FRIEDMAN COLUMN ON who is not putting money into your pocket, Bay, 20, Army. SERVICE CUTS but who is removing government services and safety nets from your life. Lance Cpl. Antonio J. Sledd, Tampa, 20, Ditto on foreign policy. As we and our gov- Marine Corps. HON. NICK J. RAHALL, II ernment continue to spend and invest more Ranger Specialist Marc A. Anderson, Bran- OF WEST VIRGINIA than we save, we will become even more de- don, 30, Army. pendent on the outside world to finance the IN THE HOUSE OF REPRESENTATIVES Army Ranger Sgt. Bradley S. Crose, Orange gap. Foreigners will have to buy even more Park, 30, Army. Thursday, June 12, 2003 of our T-bills and other assets. And do you Navy SEAL Chief Petty Officer Matthew J. Mr. RAHALL. Mr. Speaker, as the Repub- know on whom we’ll be most dependent: for Bourgeois, Tallahassee, 35, Navy. that? China and Japan. Yes, that China—the lican majority shortchanges working families one the Bush team says is our biggest geo- Sgt. Michael C. Barry, Brandon, 29, Army on the child tax credit; as our veterans’ bene- political rival. National Guard. fits are cut; as the majority approaches cuts in ‘‘In the 1990’s, Japan’s and China’s excess CWO Timothy W. Moehling, Panama City, transportation funding; as we experience a savings were financing our private sector in- 35, Army.

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.074 E13PT1 E1258 CONGRESSIONAL RECORD — Extensions of Remarks June 13, 2003 Master Sgt. Michael Maltz, St. Petersburg, consideration the bill (H.R. 2115) to amend a constant infringement on the quality of life 42, Air Force. title 49, United States Code, to reauthorize for residents in surrounding communities. Specialist Pedro Pena, (Last residence in programs for the Federal Aviation Adminis- Florida), 35, Army. tration, and for other purposes. I believe that local authorities, working in Mr. SHERMAN. Mr. Chairman, I rise to ex- conjunction with the Federal Aviation Adminis- f press my support for H.R. 2115, the Century tration, should be making the decisions with FLIGHT 100—CENTURY OF AVIA- of Aviation Reauthorization Act. This bipartisan respect to flight curfews at locally controlled legislation authorizes $58.9 billion over four TION REAUTHORIZATION ACT OF airports. I did not submit such an amendment 2003 years for the activities of the Federal Aviation Administration (FAA), and continues provisions to the Rules Committee because I was told SPEECH OF in current law that ensure that all aviation trust the Committee would not make it in order. HON. BRAD SHERMAN fund revenues are spent only on aviation pro- I hope that as this legislation proceeds to grams. OF CALIFORNIA the Senate, we can work to strengthen the While I was pleased to join my colleagues IN THE HOUSE OF REPRESENTATIVES provisions of the legislation with respect to air- in voting for passage of this important legisla- port noise and to give more control to local Wednesday, June 11, 2003 tion, it is disappointing that the legislation does authorities. The House in Committee of the Whole nothing to improve local control over flight cur- House on the State of the Union had under fews at airports. Noise generated by airports is

VerDate Jan 31 2003 02:32 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A12JN8.077 E13PT1 Friday, June 13, 2003 Daily Digest Senate matically discharged and placed on the calendar if it Chamber Action has not been reported by that time. Page S7903 Routine Proceedings, pages S7865–S7904 Nominations Confirmed: Senate confirmed the fol- Measures Introduced: Eight bills were introduced, lowing nomination: as follows: S. 1259–1266. Page S7876 By unanimous vote of 71 yeas (Vote No. Ex. 226), Measures Reported: R. Hewitt Pate, of Virginia, to be an Assistant At- S. 231, to authorize the use of certain grant funds torney General. Page S7904 to establish an information clearinghouse that pro- vides information to increase public access to Committee Meetings defibrillation in schools. (S. Rept. No. 108–70) S. 504, to establish academics for teachers and (Committees not listed did not meet) students of American history and civics and a na- tional alliance of teachers of American history and BUSINESS MEETING civics. (S. Rept. No. 108–71) Committee on Finance: On Thursday, June 12, Com- S. 1, to amend title XVIII of the Social Security mittee ordered favorably reported S. 1, to amend Act to make improvements in the medicare program, title XVIII of the Social Security Act to make im- to provide prescription drug coverage under the provements in the medicare program, to provide pre- medicare program, with an amendment in the nature scription drug coverage under the medicare program, of a substitute. Page S7876 with an amendment in the nature of a substitute. Energy Policy Act—Vote Change: A unanimous- COMMITTEE MEETING consent request was granted permitting Senator Bayh to change his nay vote to a yea vote on Vote No. Committee on Finance: On Thursday, June 12, Com- 221 changing the outcome of the vote to 45 yeas to mittee ordered favorably reported S. 312, to amend 53 nays relative to Graham (FL) Amendment No. title XXI of the Social Security Act to extend the 884 (rejected on June 12, 2003) to S. 14, to enhance availability of allotments for fiscal years 1998 the energy security of the United States. Page S7868 through 2001 under the State Children’s Health In- surance Program, with an amendment in the nature Prescription Drug and Medicare Improvement of a substitute. Act—Agreement: A unanimous-consent agreement was reached providing for consideration of S. 1, to Additional Cosponsors: Pages S7876–77 amend title XVIII of the Social Security Act to Statements on Introduced Bills/Resolutions: make improvements in the medicare program, to Pages S7877–84 provide prescription drug coverage under the medi- Additional Statements: Page S7875 care program, at 2 p.m., on Monday, June 16, 2003, for debate only. Page S7868 Text of H.R. 2115, as Previously Passed: Pages S7884–S7902 Nomination—Agreement: A unanimous-consent agreement was reached providing that when the Record Votes: One record vote was taken today. Committee on Governmental Affairs reports the (Total–226) Pages S7866–68 nomination of Michael J. Garcia, of New York, to Adjournment: Senate met at 9:30 a.m., and ad- be an Assistant Secretary of Homeland Security, that journed at 2:26 p.m., until 2 p.m., on Monday, June the nomination be sequentially referred to the Com- 16, 2003. (For Senate’s program, see the remarks of mittee on the Judiciary for a period not to exceed the Majority Leader in today’s Record on page 15 days of session; and that the nomination be auto- S7903.)

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VerDate Jan 31 2003 02:56 Jun 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D13JN3.REC D13JN3 D662 CONGRESSIONAL RECORD — DAILY DIGEST June 13, 2003 House of Representatives Committee on Environment and Public Works: June 17, Chamber Action Subcommittee on Fisheries, Wildlife, and Water, to hold The House was not in session today. It will meet hearings to examine S. 525, the National Aquatic at 12:30 p.m. on Monday, June 16 for morning hour Invasive Species Act of 2003, to amend the Nonindige- debate. nous Aquatic Nuisance Prevention and Control Act of 1990 to reauthorize and improve that Act, 9:30 a.m., SD–406. Committee Meetings Committee on Finance: June 17, to hold hearings to ex- DISTRICT OF COLUMBIA BUDGET amine the implementation of the U.S. Bilateral Free AUTONOMY Trade Agreements with Singapore and Chile, 10 a.m., SD–215. Committee on Government Reform: Held a hearing enti- Committee on Foreign Relations: June 17, to hold hearings tled ‘‘Budget Autonomy for the District of Colum- to examine the Convention for the Unification of Certain bia: Restoring Trust in Our Nation’s Capital.’’ Testi- Rules for International Carriage by Air, done at Montreal mony was heard from the following officials of the May 28, 1999 (Treaty Doc. 106–45), Protocol to Amend District of Columbia: Anthony Williams, Mayor; the Convention for the Unification of Certain Rules Re- Linda Cropp, Chairman, Council; and Natwar Gan- lating to International Carriage by Air Signed at Warsaw dhi, Chief Financial Officer. on October 12, 1929, done at The Hague September 28, 1955 (The Hague Protocol) (Treaty Doc. 107–14), Stock- f holm Convention on Persistent Organic Pollutants, with CONGRESSIONAL PROGRAM AHEAD Annexes, done at Stockholm, May 22–23, 2001 (Treaty Doc. 107–05), Rotterdam Convention on the Prior In- Week of June 16 through June 21, 2003 formed Consent Procedure for Certain Hazardous Chemi- Senate Chamber cals and Pesticides in International Trade, with Annexes, done at Rotterdam, September 10, 1998 (Treaty On Monday, at 2 p.m., Senate will begin consider- Doc.106–21), Agreement Between the Government of the ation of S. 1, to amend title XVIII of the Social Se- United States of America and the Government of the curity Act to make improvements in the medicare Russian Federation on the Conservation and Management program, to provide prescription drug coverage of the Alaska-Chukotka Polar Bear Population done at under the medicare program, for debate only. Washington on October 16, 2001 (Treaty Doc. 107–10), During the balance of the week, Senate will con- Agreement Amending the Treaty Between the Govern- tinue consideration of S. 1, Prescription Drug and ment of the United States of America and the Govern- Medicare Improvement Act, and may consider any ment of Canada on Pacific Coast Albacore Tuna Vessels other cleared legislative and executive business. and Port Privileges done at Washington May 26, 1981 (the ‘‘Treaty’’), effected by an exchange of diplomatic Senate Committees notes at Washington on July 17, 2002, and August 13, (Committee meetings are open unless otherwise indicated) 2002 (the ‘‘Agreement’’). Enclosed is the report of the Secretary of State on the Agreement and a related agree- Committee on Agriculture, Nutrition, and Forestry: June 18, ment, effected by an exchange of notes at Washington on to hold hearings to examine the nominations of Thomas August 21, 2002, and September 10, 2002, amending C. Dorr, of Iowa, to be Under Secretary of Agriculture the Annexes to the Treaty (Treaty Doc. 108–01), and for Rural Development, and to be a Member of the Board Amendments to the 1987 Treaty on Fisheries Between of Directors of the Commodity Credit Corporation, 9 the Governments of Certain Pacific Island States and the a.m., SR–328A. Government of the United States of America, with An- Committee on Banking, Housing, and Urban Affairs: June nexes and agreed statements, done at Port Moresby, April 18, to hold hearings to examine the New Basel Capital 2, 1987, done at Koror, Palau, March 30, 1999, and at Accord, 10 a.m., SD–538. Kiritimati, Kiribati, March 24, 2002. Also transmitted, June 19, Full Committee, to hold hearings to ex- related Amendments to the Treaty Annexes, and the amine the growing problem of identity theft and its Memorandum of Understanding (Treaty Doc. 108–02), relationship to the Fair Credit Report Act, 10 a.m., 9:30 a.m., SD–419. SD–538. June 18, Subcommittee on East Asian and Pacific Af- Committee on Energy and Natural Resources: June 19, Sub- fairs, to hold hearings to examine the development of de- committee on Public Lands and Forests, to hold oversight mocracy in Burma, to be immediately followed by full hearings to examine grazing programs of the Bureau of committee hearings to examine the nominations of Rob- Land Management and the Forest Service, focusing on ert W. Fitts, of New Hampshire, to be Ambassador to grazing permit renewal, BLM’s potential changes to graz- Papua New Guinea, Solomon Islands, and Vanuatu, and ing regulations, range monitoring, drought, and other Greta N. Morris, of California, to be Ambassador to the grazing issues, 2:30 p.m., SD–366. Marshall Islands, 2:30 p.m., SD–419.

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Committee on Agriculture, June 17, Subcommittee on Committee on Governmental Affairs: June 17, business Conservation, Credit, Rural Development and Research, meeting to consider pending calendar items, 10 a.m., hearing to review Biotechnology in Agriculture; followed SD–342. by consideration of H.R. 1907, to amend the Food Secu- June 18, Full Committee, to hold hearings to examine rity Act of 1985 to ensure the availability of funds to the nominations of Fern Flanagan Saddler, Judith Nan provide technical assistance for certain conservation pro- Macaluso, Joseph Michael Francis Ryan III, and Jerry grams of the Department of Agriculture, 11 a.m., 1302 Stewart Byrd, all of the District of Columbia, each to be Longworth. an Associate Judge of the Superior Court of the District June 18, full Committee, hearing to review multilat- of Columbia, 9:30 a.m., SD–342. eral and bilateral agricultural trade negotiations, 10 a.m., June 19, Full Committee, to hold hearings to conduct 1300 Longworth. an initial review of the ULLICO matter, focusing on self- June 19, Subcommittee on General Farm Commodities dealing and breach of duty, 10 a.m., SD–342. and Risk Management, hearing to review of the Com- Committee on Health, Education, Labor, and Pensions: June modity Futures Modernization Act, 10 a.m., 1300 Long- 18, Subcommittee on Employment, Safety, and Training, worth. to hold hearings to examine proposed legislation author- Committee on Appropriations, June 17, to consider the fol- izing funds for the Workforce Investment Act, 10 a.m., SD–430. lowing: Revised Suballocation of Budget Allocations Re- June 19, Full Committee, to hold hearings to examine port, Fiscal Year 2003; Suballocation of Budget Alloca- teacher union scandals, focusing on closing the gaps in tions Report, Fiscal Year 2004; Homeland Security Ap- union member protections, 10:15 a.m., SD–430. propriations for Fiscal Year 2004; and the Military Con- Committee on Indian Affairs: June 18, to hold oversight struction Appropriations for Fiscal Year 2004, 10 a.m., hearings to examine Native American sacred places, 10 2359 Rayburn. a.m., SR–485. June 18, Subcommittee on Commerce, Justice, State, Committee on the Judiciary: June 17, to hold hearings to Judiciary and Related Agencies, hearing on FBI Reorga- examine the FTC study on barriers to entry in the phar- nization, 1 p.m., 2359 Rayburn. maceutical marketplace, 10 a.m., SD–226. Committee on Armed Services, June 18, hearing on world- June 17, Full Committee, to hold hearings to examine wide U.S. military commitments, 1 p.m., 2118 Rayburn. whether personal and national security risks compromise Committee on the Budget, June 18, hearing on Waste, the potential of P2P File-Sharing Networks, 2 p.m., Fraud and Abuse in Federal Mandatory Programs, 10 SD–226. a.m., 210 Cannon. June 18, Subcommittee on Antitrust, Competition Pol- Committee on Education and the Workforce, June 17, hear- icy and Consumer Rights, to hold hearings to examine ing on ‘‘The ULLICO Scandal and its Implications for the NewsCorp/DirecTV deal, focusing on global distribu- U.S. Workers,’’ 10:30 a.m., 2175 Rayburn. tion, 2:30 p.m., SD–226. June 17, Subcommittee on Workforce Protections, Committee on Rules and Administration: June 17, to hold hearing on H.R. Occupational Safety and Health-Fairness hearings to examine Senate Resolution 151, requiring Act of 2003, focusing on Small Business and Workplace public disclosure of notices of objections (holds) to pro- Safety, 2 p.m., 2175 Rayburn. ceedings to motions or measures in the Senate, 9:30 a.m., June 19, Subcommittee on Select Education, hearing SR–301. on ‘‘International Programs in Higher Education and Committee on Veterans’ Affairs: June 17, to hold hearings Questions of Bias,’’ 1 p.m., 2175 Rayburn. to examine the nominations of Alan G. Lance, Sr., of Committee on Financial Services, June 17, Subcommittee Idaho, and Lawrence B. Hagel, of Virginia, both to be a on Financial Institutions and Consumer Credit, hearing Judge of the United States Court of Appeals for Veterans on the role of FCRA in employee background checks and Claims, 2:30 p.m., SR–418. Select Committee on Intelligence: June 17, to hold closed the collection of medical information, 10 a.m., 2128 Ray- hearings to examine the nomination of Frank Libutti, of burn. New York, to be Under Secretary for Information Anal- June 17, Subcommittee on Housing and Community ysis and Infrastructure Protection, Department of Home- Opportunity, to continue hearings on Section 8 Housing land Security, 2:30 p.m., SH–219. Assistance Program: Promoting Decent Affordable Hous- June 19, Full Committee, to hold closed hearings to ing for Families and Individuals who Rent, 2 p.m., 2128 examine certain intelligence matters, 2:30 p.m., SH–219. Rayburn. Special Committee on Aging: June 17, to hold oversight June 18, Subcommittee on Capital Markets, Insurance, hearings to examine Section 202 housing, focusing on ef- and Government Sponsored Enterprises, hearing on H.R. forts to do the right thing for seniors through better gov- 2420, Mutual Funds Integrity and Fee Transparency Act ernment, 10 a.m., SD–628. of 2003, 10 a.m., 2128 Rayburn.

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June 19, Subcommittee on Financial Institutions and tion with Micronesia and the Marshall Islands, 1:30 p.m., Consumer credit, hearing entitled ‘‘The New Basel Ac- 2172 Rayburn. cord—In Search of a Unified U.S. Position,’’ 10 a.m., June 19, full Committee, hearing on U.S. Policy in Af- 2128 Rayburn. ghanistan: Current Issues in Reconstruction, 10:30 a.m., June 19, Subcommittee on Housing and Community 2172 Rayburn. Opportunity, hearing entitled ‘‘Rural Housing in Amer- Committee on the Judiciary, June 17, Subcommittee on ica,’’ 2 p.m., 2128 Rayburn. Courts, the Internet, and Intellectual Property, hearing on Committee on Government Reform, June 17, Subcommittee H.R. 2344, Intellectual Property Restoration Act of on Government Efficiency and Financial Management, 2003, 4:30 p.m., 2141 Rayburn. hearing on ‘‘Federal Debt Management—Are Agencies June 19, Subcommittee on Commercial and Adminis- Using Collection Tools Effectively?’’ 2 p.m., 2154 Ray- trative Law, hearing on H.R. 339, Personal Responsibility burn. in Food Consumption Act, 10 a.m., 2141 Rayburn. June 18, Subcommittee on National Security, Emerg- June 19, Subcommittee on Immigration, Border Secu- ing Threats and International Relations, hearing on ‘‘ rity, and Claims, oversight hearing on ‘‘The Issuance, Ac- Visa Revocations: Catching the Terrorists Among Us,’’ 10 ceptance, and Reliability of Consular Identification a.m., 2154 Rayburn. Cards,’’ 2 p.m., 2237 Rayburn. June 19, full Committee, to consider the following: a Committee on Resources, June 17, Subcommittee National Report—A Citizen’s Guide on Using the Freedom of In- Parks, Recreation and Public Lands, hearing on the fol- formation Act and the Privacy Act of 1974 to Request lowing bills: H.R. 1399, Black Canyon of the Gunnison Government Records; H.R. 2396, to designate the facility of the United States Postal Service located at 1210 High- National Park and Gunnison Gorge National Conserva- land Avenue in Duarte, California as the ‘‘Francisco A. tion Area Boundary Revision Act of 2003; H.R. 1616, Martinez Flores Post Office,’’ H.R. 1761, to designate the Martin Luther King, Junior, National Historic Land Ex- facility of the United States Postal Service located at change Act; and H.R. 1964, Highland Stewardship Act, 9350 East Corporate Hill Drive in Wichita, Kansas, as 2 p.m., 1334 Longworth. the ‘‘Garner E. Shriver Post Office Building’’; H.R. 2249, June 18, full Committee, hearing on the following Postmasters Equity Act of 2003; H.R. 2328, to designate bills: H.R. 884, Western Shoshone Claims Distribution the facility of the Postal Service located at 2001 East Act; and H.R. 1409, Eastern Band of Cherokee Indians Willard Street in Philadelphia, Pennsylvania, as the Land Exchange Act of 2003, 10 a.m., 1324 Longworth. ‘‘Robert A. Borski Post Office Building’’; H. Con. Res. June 19, Subcommittee on Energy and Mineral Re- 6, supporting the goals and ideals of Chronic Obstructive sources, oversight hearing on the Domestic Natural Gas Pulmonary Disease Awareness Month; H. Con. Res. 208, Supply Shortage, 10 a.m., 1324 Longworth. Supporting the National Men’s Health Week; and H. June 19, the Subcommittee on Forests and Forest Res. 240, expressing the sense of the House of Represent- Health and the Subcommittee on Fisheries Conservation, atives that there should be established a National Com- Wildlife and Oceans, joint hearing on the following bills: munity Health Center Week to raise awareness of health H.R. 2057, Chronic Wasting Disease Support for States services provided by community, migrant, public hous- Act of 2003; and H.R. 2416, to provide for the protec- ing, and homeless health centers; followed by a hearing tion of paleontological resources on Federal lands, 10 on ‘‘The Next Step in the Investigation of the Use of In- a.m., 1334 Longworth. formants by the Department of Justice,’’ 9:30 a.m., 2154 June 19, Subcommittee on Forests and Forest Health, Rayburn. hearing on the following bills: H.R. 511, Mount Naomi Committee on International Relations, June 17, to mark up Wilderness Boundary Adjustment Act; H.R. 708, to re- the following: a resolution expressing support for freedom quire the conveyance of certain National Forest System in Hong Kong in advance of the July 9 meeting of the lands in Mendocino National Forest, California, to pro- Legislative Council of Hong Kong on the matter of Arti- vide for the use of the proceeds from such conveyance for cle 23; and H. Res. 260, requesting the President to National Forest purposes; H.R. 1038, Public Lands Fire transmit to the House of Representatives not later than Regulations Enforcement Act of 2003; and H.R. 1651, 14 days after the date of the adoption of this resolution documents or other materials in the President’s possession Sierra National Forest Land Exchange Act of 2003, fol- relating to Iraq’s weapons of mass destruction, 10 a.m., lowing joint hearing, 1334 Longworth. 2172 Rayburn. Committee on Rules, June 16, to consider Conference Re- June 17, Subcommittee on Europe, hearing on the Fu- port to accompany S. 342, Keeping Children and Fami- ture of Transatlantic Relations: A View from Europe, lies Safe Act of 2003, 7 p.m., H–313 Capitol. 1:30 p.m., 2172 Rayburn. June 17, to consider H.R. 8, Death Tax Repeal June 17, Subcommittee on the Middle East and Cen- Permanency Act of 2003, 1 p.m., H–313 Capitol. tral Asia, hearing on Enforcement of the Iran-Libya Sanc- Committee on Small Business, June 18, full Committee, tions Act and Increasing Security Threats from Iran, (Part hearing on the Globalization of White-Collar Jobs: Can I), 10 a.m., 2172 Rayburn. America Lose These Jobs and Still Prosper? 2 p.m., 2360 June 18, Subcommittee on East Asia and the Pacific, Rayburn. hearing on Reauthorizing the Compacts of Free Associa-

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Committee on Transportation and Infrastructure, June 18, June 19, Subcommittee on Select Revenue Measures, Subcommittee on Economic Development, Public Build- hearing on S Corporation Reforms, 10 a.m., 110 Long- ings and Emergency Management, to mark up the fol- worth. lowing: Reauthorizing the Economic Development Ad- Permanent Select Committee on Ingtelligence, June 17, Sub- ministration; and other pending business, 10 a.m., 2253 committee on Technical and Tactical Intelligence, execu- Rayburn. tive, briefing on NSA Operations, 2:30 p.m., H–405 June 19, Subcommittee on Water Resources and Envi- Capitol. ronment, hearing on the Need to Update Water Quality June 18 and 19, full Committee, executive, hearings Standards to Improve Clean Water Act Programs, 10 on Irag WMD, 12 p.m., on June 18 and 2 p.m., on June a.m., 2167 Rayburn. 19, H–405 Capitol. Committee on Veterans’ Affairs, June 17, to continue June 18, Subcommittee on Intelligence Policy and Na- hearings on the Report of the Administration’s Task tional Security, executive, briefing on Force to improve Health Care Delivery for our Nation’s Counterproliferation and Counternarcotics, 2 p.m., Veterans, 10 a.m., 334 Cannon. H–405 Capitol. June 18, Subcommittee on Terrorism and Homeland June 18, Subcommittee on Oversight and Investiga- Security, executive, hearing on Terrorist Financing, 10 tions, hearing to assess the Department of Veterans Af- a.m., H–405 Capitol. fairs’ management of the human subject protections June 19, Subcommittee on Human Intelligence, Anal- maintained in its nationwide research programs, 10 a.m., ysis and Counterintelligence, executive, briefing on Coun- 334 Cannon. terintelligence Issues, 10:30 a.m., H–405 Capitol. June 19, Subcommittee on Benefits, to mark up pend- June 19, Subcommittee on Intelligence Policy and Na- ing business, 10 a.m., 334 Cannon. tional Security, executive, briefing on Global Intelligence Committee on Ways and Means, June 17, to mark up the Update, 9 a.m., H–405 Capitol. following: the Medicare Prescription Drug and Mod- Select Committee on Homeland Security, June 16, Sub- ernization Act of 2003; and H.R. 2351, Health Savings committee on Infrastructure and Border Security, hearing Account Availability Act, 2 p.m., 1100 Longworth. on ‘‘Balancing Security and Commerce,’’ 3 p.m., 345 June 19, Subcommittee on Oversight and the Sub- Cannon. committee on Human Resources, joint hearing on unem- June 19, full Committee, hearing entitled ‘‘Response to ployment fraud and abuse, 2 p.m., 1100 Longworth. Terrorism: How is DHS Improving Our Capabilities?’’ 1 p.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, June 16 12:30 p.m., Monday, June 16

Senate Chamber House Chamber Program for Monday: Senate will begin consideration of Program for Monday: To be announced. S. 1, to amend title XVIII of the Social Security Act to make improvements in the medicare program, to provide prescription drug coverage under the medicare program, for debate only.

Extensions of Remarks, as inserted in this issue

HOUSE Gallegly, Elton, Calif., E1245 Marshall, Jim, Ga., E1256 Garrett, Scott, N.J., E1252 Menendez, Robert, N.J., E1251 Baca, Joe, Calif., E1249 Hart, Melissa A., Pa., E1249 Mica, John L., Fla., E1257 Baker, Richard H., La., E1246 Hastings, Alcee L., Fla., E1251 Otter, C.L. ‘‘Butch’’, Idaho, E1250 Becerra, Xavier, Calif., E1256 Holt, Rush D., N.J., E1250 Owens, Major R., N.Y., E1254 Bereuter, Doug, Nebr., E1251 Honda, Michael M., Calif., E1248 Pomeroy, Earl, N.D., E1246 Boehlert, Sherwood, N.Y., E1247 Israel, Steve, N.Y., E1255 Rahall, Nick J., II, W.Va., E1257 Bonner, Jo, Ala., E1235, E1237, E1240, E1242, E1243 John, Christopher, La., E1254 Rangel, Charles B., N.Y., E1256 Brown, Henry E., Jr., S.C., E1255, E1256 Kennedy, Mark R., Minn., E1244 Ros-Lehtinen, Ileana, Fla., E1253 Calvert, Ken, Calif., E1244 Kleczka, Gerald D., Wisc., E1237, E1239 Ruppersberger, C.A. Dutch, Md., E1252 Chocola, Chris, Ind., E1249 Knollenberg, Joe, Mich., E1247 Crowley, Joseph, N.Y., E1244 Kolbe, Jim, Ariz., E1247 Shaw, E. Clay, Jr., Fla., E1236, E1239 Davis, Tom, Va., E1244, E1255 Kucinich, Dennis J., Ohio, E1235, E1238, E1241, E1242 Sherman, Brad, Calif., E1253, E1258 Dingell, John D., Mich., E1247 Lantos, Tom, Calif., E1236, E1238, E1241 Smith, Nick, Mich., E1255 Emanuel, Rahm, Ill., E1237, E1240 Lee, Barbara, Calif., E1243 Terry, Lee, Nebr., E1250 Engel, Eliot L., N.Y., E1253 Lofgren, Zoe, Calif., E1248 Toomey, Patrick J., Pa., E1248 Eshoo, Anna G., Calif., E1248 Levin, Sander M., Mich., E1251 Towns, Edolphus, N.Y., E1235, E1238, E1240, E1242, Evans, Lane, Ill., E1253 McInnis, Scott, Colo., E1235, E1237, E1240, E1241, E1243 Fossella, Vito, N.Y., E1250 E1242, E1243, E1244, E1255 Wilson, Heather, N.M., E1249 Frost, Martin, Tex., E1252 Maloney, Carolyn B., N.Y., E1248 Wolf, Frank R., Va., E1245

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