S16140 CONGRESSIONAL RECORD — SENATE December 9, 2003 and Women’s Hospitals, has taken steps to to the Committee on Environment and anglers and the fishing and tackle manufac- reduce the number of unnecessary diagnostic Public Works: turing industries agreed to a self-imposed 10 tests it conducts at outpatient radiology percent excise tax on sport fishing equip- S. RES. 279 centers, though executives know that smart- ment (including fishing rods, reels, lines, and er care will cut into their revenues. Whereas there are more than 38,000,000 hooks, artificial lures, baits and flies, and ‘‘That’s where you’re smack up against the sportsmen in the United States; other fishing supplies and accessories), the perverseness of the system,’’ said Dr. James Whereas these sportsmen, who come from proceeds of which are used for the purposes J. Mongan, chief executive of Partners. all walks of life, engage in a sport they love, of constructing fish hatcheries, building boat Medicare’s payment policies have stymied while helping to stimulate the economy, es- access facilities, promoting fishing, and edu- efforts in the private sector to improve care, pecially in small, rural communities, and cating children about aquatic resources and as well. contributing to conservation efforts; fishing; and For example, the Leapfrog Group, a na- Whereas sportsmen demonstrate values of Whereas the Dingell-Johnson Sport Fish tional organization of large employers con- conservation, appreciation of the outdoors, Restoration Act was amended in 1984 to ex- cerned about health issues, has tried to en- and love of the natural beauty of the United tend the excise tax to previously untaxed courage more hospitals to employ States; items of sport fishing equipment and to dedi- intensivists—specialists who oversee the Whereas sporting activities have both cate a portion of the existing Federal tax on physical and mental health benefits that care provided in intensive-care units. motorboat fuels to those purposes, so that Though studies show that such doctors sig- allow Americans to escape from the fast pace now approximately 1⁄3 of the funds expended of their lives and to spend time with their nificantly improve care, Medicare does not by State fish and wildlife agencies for main- families and friends; pay for them, and employers and insurers are tenance and development of sports fisheries Whereas sportsmen pass down their love of having difficulty persuading some hospitals are collected through the use of the excise the outdoors from generation to generation; to take on the added expense. tax: Now, therefore, be it ‘‘It’s going to be very hard to compete with Whereas many sportsmen consider hunt- Resolved, That the Senate— the incentives and disincentives in Medi- ing, trapping, and fishing of tremendous im- (1) recognizes the importance and contribu- care,’’ said Suzanne Delbanco, the group’s portance to the American way of life; tions of sportsmen to American society; Whereas sportsmen have a passion for executive director. (2) supports the traditions and values of Others argue that hospitals and doctors learning about nature and have tremendous sportsmen; should not be paid extra for doing what they respect for the game pursued, other sports- (3) supports the many conservation pro- should be doing in the first place. men, the non-hunting populace, and the nat- grams implemented by sportsmen; Helen Darling, the executive director of ural resources upon which they depend; (4) recognizes the many economic benefits the National Business Group on Health, a na- Whereas the total economic contribution associated with outdoor sporting activities; tional employer group, said Medicare instead of sportsmen amounts to $70,000,000,000 annu- and should take a firmer stance in demanding ally, with a ripple effect amounting to (5) recognizes the importance of encour- quality. The program had a significant ef- $179,000,000,000; aging the recruitment of, and teaching the fect, she noted, when it said that only hos- Whereas sportsmen contribute $1,700,000,000 traditions of hunting, trapping, and fishing pitals meeting a minimum set of standards every year for conservation programs, and to, future sportsmen. could be reimbursed by Medicare for heart these funds constitute a significant portion transplants. of on-the-ground wildlife conservation fund- f ‘‘The payment system drove quality,’’ Ms. ing; SENATE RESOLUTION 280—CON- Darling said. Whereas anglers support 1,000,000 jobs and GRATULATING THE SAN JOSE Medicare itself is taking some other ten- small businesses in communities in every tative steps, including an experiment that part of the United States, and they purchase EARTHQUAKES FOR WINNING pays certain hospitals an extra 2 percent for $3,200,000,000 in basic fishing equipment THE 2003 delivering the highest-quality care, as meas- every year; CUP ured, for example, by administering anti- Whereas tens of millions of Americans Mrs. BOXER (for herself and Mrs. biotics to pneumonia patients quickly and hunt and are a substantial economic force, giving heart attack patients aspirin. But FEINSTEIN) submitted the following res- spending $21,000,000,000 every year; olution; which was considered and some hospital industry executives question Whereas a sportsman President, Theodore whether that is enough money to offset the Roosevelt, established America’s first Na- agreed to: costs of improving care. tional Wildlife Refuge 100 years ago, and S. RES. 280 ‘‘It can only be a motivator if you really with the committed support of sportsmen Whereas on November 23, 2003, the San have an incentive,’’ said Carmela Coyle, an over the last century, the National Wildlife Jose Earthquakes defeated the Chicago Fire executive with the American Hospital Asso- Refuge System includes more than 540 ref- to win the 2003 Major League Soccer Cup; ciation, who noted that hospitals on average uges spanning 95,000,000 acres throughout all Whereas the are paid only 98 cents for each dollar of 50 States; achieved a 14–7–9 regular season record to Medicare services they provide. Whereas the funds raised from sportsmen finish first in the Major League Soccer West- Mr. Scully, the Medicare administrator, through purchases of Federal migratory bird ern Conference; defends the experiment, saying that the hunting and conservation stamps under the Whereas the San Jose Earthquakes fin- agency’s goal is to determine if it is using Act of March 16, 1934 (commonly known as ished an extraordinary season by overcoming the right measures to reward quality. ‘‘If the Duck Stamp Act) (16 U.S.C. 718a et seq.), injuries, adversity, and multiple-goal defi- this works, we’ll do a bigger demonstration,’’ are used to purchase and restore vital wet- cits to reach the Major League Soccer Cup he said. lands in the refuge system; championship match; But many policy analysts and employer Whereas the sale of those stamps has Whereas in the championship match, the groups want Medicare to do more. ‘‘Today, raised more than $500,000,000 which has been San Jose Earthquakes and the Chicago Fire Medicare needs to step out front,’’ said Peter used to acquire approximately 5,000,000 acres scored 6 goals combined, breaking the Major V. Lee, chief executive of the Pacific Busi- of refuge lands; League Soccer Cup championship match ness Group on Health, who argues that how Whereas in 1937, Congress passed the Pitt- scoring record; hospitals and doctors are paid is a critical man-Robertson Wildlife Restoration Act (16 Whereas head coach led the component of motivating them to improve U.S.C. 669 et seq.), under which sportsmen San Jose Earthquakes to victory; care. ‘‘There needs to be money at play.’’ and the firearms and ammunition industries Whereas the San Jose Earthquakes is a f agreed to a self-imposed 10 percent excise tax team of world-class players, including Jeff SUBMITTED RESOLUTIONS on ammunition and firearms, the proceeds of Agoos, Arturo Alvarez, , Jon which are distributed to the States for wild- Conway, , , life restoration; , , Todd SENATE RESOLUTION 279—RECOG- Whereas the Pittman-Robertson Wildlife Dunivant, , Rodrigo Faria, NIZING THE IMPORTANCE AND Restoration Act has created a source of per- , Roger Levesque, Brain manent funding for State wildlife agencies Mullan, , , CONTRIBUTIONS OF SPORTSMEN that has been used to rebuild and expand the , Chris Roner, , TO AMERICAN SOCIETY, SUP- ranges of numerous species, including wild Josh Saunders, Craig Waibel, and Jamil PORTING THE TRADITIONS AND turkey, white-tailed deer, pronghorn ante- Walker, all of whom contributed extraor- VALUES OF SPORTSMEN, AND lope, wood duck, beaver, black bear, Amer- dinary performances throughout the regular RECOGNIZING THE MANY ECO- ican elk, bison, desert bighorn sheep, bobcat, season, playoffs and Major League Soccer NOMIC BENEFITS ASSOCIATED and mountain lion, and several non-game Cup; WITH OUTDOOR SPORTING AC- species, including bald eagles, sea otters, and Whereas San Jose Earthquakes midfielder TIVITIES numerous song birds; Ronnie Ekelund scored in the fifth minute of Whereas in 1950, Congress passed the Din- play, tying Eduardo Hurtado for the fastest Mr. COLEMAN submitted the fol- gell-Johnson Sport Fish Restoration Act (16 goal scored in a Major League Soccer Cup lowing resolution; which was referred U.S.C. 777 et seq.), under which recreational championship match;

VerDate Mar 15 2010 00:40 May 14, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2003-SENATE-REC-FILES\S09DE3.REC S mmaher on DSKCGSP4G1 with SOCIALSECURITY December 9, 2003 CONGRESSIONAL RECORD — SENATE S16141 Whereas with the victory, San Jose Earth- Whereas the Honorable Paul Simon was patently offensive television and radio pro- quakes captain won his second the founder and director of the Public Policy gramming being sent into their homes; Major League Soccer Cup for the San Jose Institute at Southern Illinois University in Whereas millions of families in the United Earthquakes and his fifth Major League Soc- Carbondale, Illinois, and taught there for States are particularly concerned with the cer Cup overall; more than six years in the service of the adverse impact of this programming on chil- Whereas San Jose Earthquakes forward youth of our Nation; dren; Landon Donovan, who has been named Whereas the Honorable Paul Simon wrote Whereas indecent and offensive program- United States National Team Player of the over 20 books and held over 50 honorary de- ming is contributing to a dramatic coars- Year twice, scored 2 goals on 2 shots in the grees; ening of civil society of the United States; championship match, earning the Honda Whereas the Honorable Paul Simon was an Whereas the Federal Communications Major League Soccer Cup Most Valuable unapologetic champion of the less fortunate Commission is charged with enforcing stand- Player Award; and a constant example of caring and hon- ards of decency in broadcast media; Whereas by winning the 2003 Major League esty in public service; Whereas the Federal Communications Soccer Cup, the San Jose Earthquakes join Whereas his efforts on behalf of Illinoisans Commission established a standard defining DC United to become the second team in and all Americans earned him the esteem what constitutes indecency in the declara- Major League Soccer history to win the and high regard of his colleagues; and tory order In the Matter of a Citizen’s Com- Major League Soccer Cup more than once; Whereas his tragic death has deprived his plaint Against Pacifica Foundation Station Whereas the San Jose Earthquakes have State and Nation of an outstanding law- WBAI(FM), 56 F.C.C.2d 94 (1975) (referred to brought great pride to the City of San Jose maker and public servant: Now, therefore, be in this Resolution as the ‘‘Pacifica order’’); and to the State of California; it Whereas the Federal Communications Whereas Major League Soccer has become Resolved, That the Senate has heard with Commission has not used all of its available extremely popular in only 8 seasons; and profound sorrow and deep regret the an- authority to impose penalties on broad- Whereas the success of Major League Soc- nouncement of the death of the Honorable casters that air indecent material even when cer has contributed to the growing popu- Paul Simon, a former Senator from the egregious and repeated violations have been larity of soccer in the United States in re- State of Illinois. found in the cases of WKRK–FM, Detroit, MI, cent years: Now, therefore, be it Resolved, That the Secretary of the Senate File No. EB–02–IH–0109 (Apr. 3, 2003) and Resolved, That the Senate— communicate these resolutions to the House WNEW–FM, New York, New York, EB–02–IH– (1) congratulates the San Jose Earth- of Representatives and transmit an enrolled 0685 (Sept. 30, 2003); quakes for winning the 2003 Major League copy thereof to the family of the deceased. Whereas the standard established in the Soccer Cup; Resolved, That when the Senate adjourns Pacifica order focuses on protecting children (2) recognizes the achievement of the play- today, it stand adjourned as a further mark from exposure to indecent language; ers, coaches, staff, and supporters of the San of respect to the memory of the deceased Whereas the standard established in the Jose Earthquakes in bringing the 2003 Major former Senator. Pacifica order was upheld as constitutional League Soccer Cup to San Jose; by the United States Supreme Court in Fed- (3) commends the San Jose community for f eral Communications Commission v. its enthusiastic support of the San Jose SENATE RESOLUTION 282—PRO- Pacifica Foundation, 438 U.S. 726 (1978); Earthquakes; and Whereas the Enforcement Bureau of the (4) expresses the hope that Major League VIDING THE FUNDING TO ASSIST Federal Communications Commission has re- Soccer will continue to inspire fans and IN MEETING THE OFFICIAL EX- fused to sanction the airing of indecent lan- young players in the United States and PENSES OF A PRELIMINARY guage during the broadcast of the Golden around the world by producing teams of the MEETING RELATIVE TO THE Globe Awards, at a time when millions of high caliber of the San Jose Earthquakes. FORMATION OF A UNITED children were in the potential audience; and Whereas as of December 2003, an applica- f STATES SENATE–CHINA INTER- PARLIAMENTARY GROUP tion for review is pending before the Federal SENATE RESOLUTION 281—REL- Communications Commission, requesting Mr. STEVENS submitted the fol- ATIVE TO THE DEATH OF THE that the full Commission review that deci- lowing resolution; which was consid- sion of the Enforcement Bureau: Now, there- HONORABLE PAUL SIMON, A ered and agreed to: fore, be it FORMER SENATOR FROM THE STATE OF ILLINOIS S. RES. 282 Resolved, That it is the sense of the Sen- Resolved, That— ate that— Mr. FITZGERALD (for himself, Mr. (1) there is authorized within the contin- (1) the Federal Communications Commis- DURBIN, MR. FRIST, Mr. DASCHLE, and gent fund of the Senate under the appropria- sion should re-consider the Enforcement Bu- Mr. DEWINE) submitted the following tion account ‘‘MISCELLANEOUS ITEMS’’ $75,000 reau’s decision in the Matter of Complaints for fiscal year 2004 to assist in meeting the resolution; which was considered and Against Various Broadcast Licensees Re- official expenses of a preliminary meeting agreed to: garding Their Airing of the ‘‘Golden Globe relative to the formation of a United States S. RES. 281 Senate-China interparliamentary group in- Awards’’ Program, File No. EB–03–IH–0110, Whereas the Honorable Paul Simon at the cluding travel, per diem, conference room ex- 2003 FCC LEXIS 5382, (Oct. 3, 2003), in light of age of 19 became the Nation’s youngest edi- penses, hospitality expenses, and food and the public policy considerations in pro- tor-publisher when he accepted a Lion’s Club food-related expenses; tecting children from indecent material; challenge to save the Troy Tribute in Troy, (2) such expenses shall be paid on vouchers (2) the Federal Communications Commis- Illinois, and built a chain of 13 newspapers in to be approved by the President pro tempore sion should return to vigorously and expedi- southern and central Illinois; of the Senate; and tiously enforcing its own United States Su- Whereas the Honorable Paul Simon used (3) the Secretary of the Senate is author- preme Court-approved standard for inde- his newspaper to expose criminal activities, ized to advance such sums as necessary to cency in broadcast media, as established in and in 1951, at age 22, was called as a key carry out this resolution. the declaratory order In the Matter of a Citi- witness to testify before the U.S. Senate’s zen’s Complaint Against Pacifica Founda- f Crime Investigating Committee; tion Station WBAI(FM), 56 F.C.C.2d 94 (1975); Whereas the Honorable Paul Simon served SENATE RESOLUTION 283—AFFIRM- (3) the Federal Communications Commis- in the Illinois legislature for 14 years, win- sion should reassert its responsibility as de- ING THE NEED TO PROTECT fender of the public interest by undertaking ning the Independent Voters of Illinois’ CHILDREN IN THE UNITED ‘‘Best Legislator Award’’ every session; new and serious efforts to sanction broadcast STATES FROM INDECENT PRO- licensees that refuse to adhere to the stand- Whereas the Honorable Paul Simon was GRAMMING ard established in that order; elected lieutenant governor in 1968 and was (4) the Federal Communications Commis- the first in Illinois’ history to be elected to Mr. SESSIONS (for himself, Mr. sion should make every reasonable and law- that post with a governor of another party; SHELBY, Mr. INHOFE, Mr. BROWNBACK, ful effort to protect children from the de- Whereas the Honorable Paul Simon served Mr. NICKLES, Mr. BUNNING, Mr. TALENT, grading influences of indecent programming; Illinois in the United States House of Rep- Mr. CHAMBLISS, Mr. CRAIG, Mr. DOMEN- (5) the Federal Communications Commis- resentatives and the United States Senate ICI, Mr. KYL, and Mr. HOLLINGS) sub- sion should use all of its available authority with devotion and distinction; mitted the following resolution; which Whereas the Honorable Paul Simon is the to protect the public from indecent broad- was considered and agreed to: only individual to have served in both the Il- casts including: (1) the discretion to impose linois House of Representatives and the Illi- S. RES. 283 fines up to a statutory maximum for each nois Senate, and the U.S. House of Rep- Whereas millions of people in the United separate ‘‘utterance’’ or ‘‘material’’ found to resentatives and the U.S. Senate. States are increasingly concerned with the be indecent; and (2) the initiation of license

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