Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 108 CONGRESS, FIRST SESSION

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

Vol. 149 WASHINGTON, FRIDAY, OCTOBER 3, 2003 No. 139 House of Representatives The House met at 10 a.m. and was service and generously gracious in all et No. R-1156]; Department of the Treasury, called to order by the Speaker pro tem- we do now and forever. Amen. Office of the Comptroller of the Currency pore (Mr. THORNBERRY). [Docket No. 03-21] (RIN: 1557-AC76); Federal f Deposit Insurance Corporation (RIN: 3064- f THE JOURNAL AC74); Department of the Treasury, Office of Thrift Supervision [No. 2003-48] (RIN: 1550- DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. The AB79) received October 2, 2003, pursuant to 5 PRO TEMPORE Chair has examined the Journal of the U.S.C. 801(a)(1)(A); to the Committee on Fi- The SPEAKER pro tempore laid be- last day’s proceedings and announces nancial Services. fore the House the following commu- to the House his approval thereof. 4653. A letter from the Deputy Secretary, Securities and Exchange Commission, trans- nication from the Speaker: Pursuant to clause 1, rule I, the Jour- mitting the Commission’s final rule — Cus- WASHINGTON, DC, nal stands approved. tody of Funds or Securities of Clients by In- October 3, 2003. f vestment Advisers [Release No. IA-2176; File I hereby appoint the Honorable MAC No. S7-28-02] (RIN 3235-AH26) received Sep- THORNBERRY to act as Speaker pro tempore PLEDGE OF ALLEGIANCE tember 26, 2003, pursuant to 5 U.S.C. on this day. The SPEAKER pro tempore. The 801(a)(1)(A); to the Committee on Financial J. DENNIS HASTERT, Services. Speaker of the House of Representatives. Chair will lead the House in the Pledge 4654. A letter from the Deputy Secretary, of Allegiance. Securities and Exchange Commission, trans- f The SPEAKER pro tempore led the mitting the Commission’s final rule — PRAYER Pledge of Allegiance as follows: Amendments to Investment Company Adver- tising Rules [Release Nos. 33-8294; 34-48558; The Chaplain, the Reverend Daniel P. I pledge allegiance to the Flag of the United States of America, and to the Repub- IC-26195; File No. S7-17-02] (RIN: 3235-AH19) Coughlin, offered the following prayer: received September 30, 2003, pursuant to 5 lic for which it stands, one nation under God, U.S.C. 801(a)(1)(A); to the Committee on Fi- Eternal Father, the sacred scriptures indivisible, with liberty and justice for all. reveal Your constant desire to protect, nancial Services. to care for, and to offer comfort to f 4655. A letter from the Chief of Staff, Con- sumer & Governmental Affairs Bureau, Fed- Your people. ADJOURNMENT eral Communications Commission, transmit- As we call to mind the 105 fire- The SPEAKER pro tempore. Without ting the Commission’s final rule — Rules and fighters who lost their lives in the line objection, the House stands adjourned Regulations Implementing the Telephone of duty this last year across this coun- until 12:30 p.m. on Tuesday next for Consumer Protection Act of 1991 [CG Docket try, we are stunned by the sheer num- No. 02-278] received September 29, 2003, pur- morning hour debates. ber, 105. suant to 5 U.S.C. 801(a)(1)(A); to the Com- There was no objection. As their families, survivors, gather mittee on Energy and Commerce. Accordingly (at 10 o’clock and 3 min- 4656. A letter from the Deputy Director, Of- at the National Fallen Firefighters Me- utes a.m.), under its previous order, the fice of Surface Mining, Department of Inte- morial in Emmitsburg, Maryland, this House adjourned until Tuesday, Octo- rior, transmitting the Department’s final weekend to memorialize and celebrate ber 7, 2003, at 12:30 p.m., for morning rule — Pennsylvania Regulatory Program life, we are filled with compassion and hour debates. [PA-135-FOR] received September 26, 2003, pray for their healing. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- The loss of these fallen heroes can f mittee on Resources. 4657. A letter from the Acting Director, Of- never be forgotten. Their total dedica- EXECUTIVE COMMUNICATIONS, tion and ability to risk everything can fice of Sustainable Fisheries, NMFS, Na- ETC. tional Oceanic and Atmospheric Administra- never be fully comprehended by us. For tion, transmitting the Administration’s final You alone know the full measure of a Under clause 8 of rule XII, executive communications were taken from the rule — Fisheries off West Coast States and in single life. You alone know the quan- the Western Pacific; Coastal Pelagic Species tum relationships formed by life and Speaker’s table and referred as follows: Fisheries; Reallocation of Pacific Sardine the depth of love uncovered and left be- 4652. A letter from the Assistant to the [Docket No. 0330612150-3214-02; I.D. 082903B] hind. Therefore, You alone can offer Board, Board of Governors of the Federal Re- received September 29, 2003, pursuant to 5 full comfort now. serve System, transmitting the Board’s final U.S.C. 801(a)(1)(A); to the Committee on Re- rule — Risk-Based Capital Guidelines; Cap- sources. May the example of these ordinary ital Adequacy Guidelines; Capital Mainte- 4658. A letter from the Chief, Regulations Americans who have given their lives nance: Interim Capital Treatment of Con- Branch, Bureau of Customs and Border Pro- that others may live inspire Members solidated Asset-Backed Commercial Paper tection, Department of Homeland Security, and us all to be dedicated in our public Program Assets [Regulations H and Y; Dock- transmitting the Department’s final rule —

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

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VerDate jul 14 2003 23:56 Oct 03, 2003 Jkt 029061 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A03OC7.000 H03PT1 H9218 CONGRESSIONAL RECORD — HOUSE October 3, 2003 Import Restrictions Imposed on Archae- Revenue Service, transmitting the Service’s PUBLIC BILLS AND RESOLUTIONS ological Materials from Cambodia [CBP De- final rule—Taxation of split-dollar life insur- cision 03–28] (RIN 1515–AD34) received Sep- ance arrangements (Rev. Rul. 2003–105) re- Under clause 2 of rule XII, tember 22, 2003, pursuant to 5 U.S.C. ceived September 26, 2003, pursuant to 5 801(a)(1)(A); to the Committee on Ways and U.S.C. 801(a)(1)(A); to the Committee on Mr. WALDEN of Oregon (for and Mr. Means. Ways and Means. DEFAZIO): introduced a bill (H.R. 3249) to ex- 4659. A letter from the Chief, Regulations tend the term of the Forest Counties Pay- Branch, Bureau of Customs and Border Pro- f ments Committee; to the Committee on Re- tection, Department of Homeland Security, sources, and in addition to the Committee on transmitting the Department’s final rule— TIME LIMITATION OF REFERRED Agriculture, for a period to be subsequently Preferential Treatment of Brassieres Under BILL determined by the Speaker, in each case for The Caribbean Basin Economic Recovery Act consideration of such provisions as fall with- [CBP Dec. 03–29] (RIN: 1515–AD24) received Pursuant to clause 2 of rule XIII the in the jurisdiction of the committee con- September 26, 2003, pursuant to 5 U.S.C. following action was taken by the cerned. 801(a)(1)(A); to the Committee on Ways and Speaker: Means. 4660. A letter from the Acting Chief, Publi- H.R. 180. Referral to the Committee on f cations and Regulations Branch, Internal Rules extended for a period ending not later Revenue Service, transmitting the Service’s than October 31, 2003. ADDITIONAL SPONSORS final rule—New Markets Tax Credit [Notice H.R. 2120. Referral to the Committee on 2003–68] received September 26, 2003, pursuant the Judiciary extended for a period ending Under clause 7 of rule XII, sponsors to 5 U.S.C. 801(a)(1)(A); to the Committee on not later than October 31, 2003. were added to public bills and resolu- Ways and Means. H.R. 2571. Referral to the Committee on 4661. A letter from the Acting Chief, Publi- Ways and Means extended for a period ending tions as follows: cations and Regulations Branch, Internal not later than October 31, 2003. H.R. 3228: Mr. BURR and Mr. OWENS.

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Vol. 149 WASHINGTON, FRIDAY, OCTOBER 3, 2003 No. 139 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, and have litigated in quite a number of called to order by the Honorable LIN- PRESIDENT PRO TEMPORE, different forums. I believe in the legal COLN CHAFEE, a Senator from the State Washington, DC, October 3, 2003. system. It is critical for America’s vi- of Rhode Island. To the Senate: tality. There is no doubt in my mind Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby the strength of this American democ- PRAYER appoint the Honorable LINCOLN CHAFEE, a racy, the power of our economy, our The Chaplain, Dr. Barry C. Black, of- Senator from the State of Rhode Island, to ability to maintain freedom and fered the following prayer: perform the duties of the Chair. progress is directly dependent on the Let us pray. TED STEVENS, superb legal system of which we are a Eternal Spirit, who has given us the President pro tempore. part. rich heritage of this good land, You Mr. CHAFEE thereupon assumed the We have a magnificent number of know our needs for this day better than Chair as Acting President pro tempore. lawyers around this country. Some we do. Help us to listen to the quiet di- The ACTING PRESIDENT pro tem- have been criticized, and rightly so, rection of Your Spirit. Consecrate our pore. In my capacity as a Senator from but for the most part they are good, speech to Your service, that we may Rhode Island, I suggest the absence of aggressive attorneys utilizing the laws not sin with our tongues. a quorum. that are available. Keep us free from all untrue and un- The clerk will call the roll. This Congress passes laws involving kind words. Remove from us all anx- The legislative clerk proceeded to litigation in America. It is incumbent iety, and give us moral and physical call the roll. upon us as the years and centuries go courage for the living of these days. Mr. SESSIONS. Mr. President, I ask by to periodically review what is hap- As Your Senators today seek to do unanimous consent that the order for pening in our courts. We ask ourselves, what is right, make Your way clear to the quorum call be rescinded. are the results that are occurring effec- them. Strengthen them to face the The ACTING PRESIDENT pro tem- tive? Are they furthering our national pressures that come with working for pore. Without objection, it is so or- policy, correcting wrongs, punishing freedom. When their day’s work is dered. wrongdoers, generating compensation done, may they feel Your smile and f for those who suffer losses in a fair and hear Your whisper of ‘‘well done.’’ And, objective way? RESERVATION OF LEADER TIME Lord, bless our military men and Anyone who knows much about the women. Let them this day feel Your The ACTING PRESIDENT pro tem- system today knows there are some presence. We pray this in Your Holy pore. Under the previous order, leader- problems. Lawyers are utilizing prin- Name. Amen. ship time is reserved. ciples of law that enhance the problem. f There are court decisions that allow f them to go further than they have be- ORDER OF PROCEDURE fore. As a result, everyone is paying PLEDGE OF ALLEGIANCE Mr. SESSIONS. Mr. President, I ask huge amounts of money for insurance. The Honorable LINCOLN CHAFEE led unanimous consent I be permitted to Americans buy a homeowner’s policy the Pledge of Allegiance, as follows: speak for up to 15 minutes in morning with an umbrella in case someone sues I pledge allegiance to the Flag of the business. them. Americans in business review United States of America, and to the Repub- The ACTING PRESIDENT pro tem- their insurance and liability policies lic for which it stands, one nation under God, pore. Without objection, it is so or- on a regular basis, frequently calling indivisible, with liberty and justice for all. dered. insurance companies and asking for f more coverage, more protection. With- f out even asking for more coverage and MORNING BUSINESS more protection, the rates are going up APPOINTMENT OF ACTING all over America. PRESIDENT PRO TEMPORE One matter we need to talk about The PRESIDING OFFICER. The CLASS ACTION LAWSUITS and act on is class action lawsuits. A clerk will please read a communication Mr. SESSIONS. Mr. President, I will bill to reform class action lawsuits has to the Senate from the President pro discuss this morning a very important been considered for a number of years tempore (Mr. STEVENS). issue of legal reform that is needed in in this body. It was considered in the The legislative clerk read the fol- the United States. I have been a prac- Senate Judiciary Committee of which I lowing letter: ticing lawyer for most of my adult life am a member. After several years of

∑ 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 Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12422 CONGRESSIONAL RECORD — SENATE October 3, 2003 discussion we voted it out this year by So really the abuse occurs like this: hicle in every county in America, no a 12–7 vote, a bipartisan vote. Several The plaintiff is in a situation where doubt about it. They can go to counties Democrats and all Republicans voted each victim is only entitled to a little in which there is only one sitting cir- for it. It is a bill that is responsible. It bit of money. I will talk about some of cuit judge who they happen to know is restrained. It will do the job in many those cases in a little bit as to what who perhaps is favorable to plaintiffs’ of the cases where abuses are occur- kind of verdicts get rendered. So they cases. They can pick the county in ring. It is the right thing to do. It can get a little bit for 200,000 plaintiffs, and America they think has the most fa- help balance the scales a bit in litiga- then they get their fee—multimillion- vorable jury for these kinds of cases, tion. It will help fulfill the responsi- dollar fees. and they can then file their suit there bility of this Congress to monitor how The judge is happy because this case and begin this kind of action we have our laws are working in the real world. could have gone on for years and seen here. Not only can they do that, As a result, we can fix the problems clogged up his busy circuit court dock- they do that. out there. et in rural Illinois or Alabama or There is a county, I believe in south- What is a class action? A class action Texas. He is glad to have it gone. ern Illinois, where routinely cases of is a litigation filed by a plaintiff’s at- The defendant wants the case gone. this kind are chosen to be filed out of torney on behalf of not just one alleged The defendant has no responsibility to the whole United States because they wrong person, but on a class or a group. the individual plaintiffs in the class. believe it is favorable. The same has The lawyer files the case in a court The defendant wants the case gone. So been true—‘‘60 Minutes,’’ I believe, or against a defendant, or maybe more what does he do? He will agree to pay one of the shows on television has than one defendant, on behalf of a large the attorneys very high fees and the shown this to have occurred in Mis- group of plaintiffs who he alleges suf- plaintiffs themselves small amounts of sissippi. They named the county and fered similar losses and therefore the compensation to get rid of the case. interviewed the people there, and they case should be tried in one forum, a And it goes off the docket which is talked about the verdicts that are ren- verdict rendered, and each plaintiff completely wiped clean. dered there. And it is not healthy. then told what they ought to get as So there are some problems that are They have done it in Alabama, my compensation for the losses they have out there, and it is not healthy. We home State. We passed some tort re- incurred. have had a string of those cases that form, and Alabama laws have im- A class action is good. Some people have occurred around the country that proved, but there are still cases being have been so upset about class action have not been becoming of the legal filed there and in other States. They abuses they think we ought to throw system. choose the most favorable forum. This the baby out with the bath water. That The lawyers’ primary interest should is not what our Founders had in mind. is not true. A good class action is good be to their clients. Courts should have Let me read from the Constitution, for everyone. For example, if a na- a primary interest in seeing that jus- the part of the Constitution that is rel- tional company made a defective prod- tice is done. Defendants ought to pay evant to this issue. It is article III, sec- uct and shipped it all over America and for what they are required to pay and tion 2, dealing with the courts. It talks they were negligent in doing so, they the losses that have occurred. But de- about the power of the Federal courts ought to be responsible for the dam- fendants ought not to be intimidated and what their jurisdiction is. It says: ages that product has caused in Amer- or coerced or extorted really by the ica. For every person, maybe hundreds The judicial Power [of the United States] threat of a major lawsuit going on for of thousands, even millions to file a shall extend to all Cases, in Law and Equity, years in which their company is abused arising under this Constitution, the Laws of lawsuit in every circuit court in Amer- and abused in court for some minor the United States, . . . ica makes no sense. We have a vehicle wrong they are willing to pay to cor- And it goes on to say: by which it can be brought in a single rect and willing to compensate the vic- court, and it can go forward from that to Controversies to which the United States tims for. shall be a Party;—to Controversies between point. two or more States;—between a State and Where can you file? You can file, So they are in court, and they are willing to pay. They want to fix it, but, Citizens of another State;—between Citizens amazingly, in almost any venue in of different States; . . . America. The plaintiff can search this no, no, that is not enough. They want Now our Founding Fathers had country over to select the single most punitive damages and more litigation thought about this issue, and the issue favorable forum for his lawsuit and the time. And just to get rid of it, defend- is: If you have a lawsuit filed between single most favorable district in Amer- ants agree to pay, and they agree to a person from Alabama and a defendant ica. That is a lot to choose from. That compensate. Oftentimes—and there are from Massachusetts, maybe at the time is one of the problems we have with quite a number of cases that show of the founding of our country and even class actions. this—the lawyers are the ones who There are a number of other prob- really get the compensation, and not to this very day, the person in Massa- lems. Lawyers are alert to this. Some the victims. chusetts might not be comfortable hav- specialize in this kind of litigation. In many of the cases, the liability is ing his case tried in Alabama or vice They identify something they think is very dubious, but the companies feel versa. So they say: What do you do if wrong. Maybe no victim has even com- obliged to pay something to get out of you have a lawsuit between two plained about it. They identify the vic- the lawsuit, anyway. The damages are States? The home-State plaintiff, for tim and talk them into filing the law- very speculative. Sometimes damages example, can choose the forum. He can suit. They pay little attention to the have never even really been proven. have a friendly court. Maybe he knows plaintiff they name as the lead plain- I want to mention one more thing all the jurors on the jury in the jury tiff in a lawsuit. about the venue. Let’s assume a major box. Maybe the judge goes to church I know of one case in Alabama where automobile company designed an auto- with him. Maybe they are best friends the defendant died, and was dead for mobile—and they have had cases of and play golf together. And he is going quite some time, and the lawsuit just this kind—and the seatbelt is defective, to sue a fellow way off there, who has went right on as if nothing had ever and maybe it poses a risk or maybe, a lot of money, and he will just have a happened. There was not even a named when you put it on, it bruises your little friendly help for his local con- plaintiff living as the central plaintiff hand and causes a blister or otherwise stituents. in the lawsuit. is designed in a way that is not as fine That is what the Founding Fathers But that points out to me that the as it should have been designed. thought about. In football we call it case becomes, after a period of time, Let’s say someone wants to file a home cooking, or in baseball, if you get driven by the plaintiff’s lawyer and lawsuit against one of the major manu- adverse opinions by the umpire against driven by the interests of the defend- facturers in Detroit. They do not have a visiting team. So it is home cooking. ant. And if it is filed in a smaller rural to file that lawsuit in Detroit. They They prevented that. They put it in the circuit court, the judge could be over- can go all over America and find some- Constitution. They would go to Federal whelmed with a huge amount of litiga- body who was damaged by that seat- court where judges are not elected tion and want it off his docket. belt. And there will be that kind of ve- judges but they are lifetime-appointed

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12423 judges. Any appeal from their ruling tiffs claimed, Toshiba felt they needed promptly post interest to real estate goes to the U.S. Supreme Court in to settle the claim, and they did. escrow accounts. The settlement lim- Washington, DC. Why? Because that This was the result: The class mem- ited the maximum recovery for the would be a more objective, fair forum. bers received between $200 and $400. In class members to $9. After the State Now, good and clever plaintiff law- cash? No; $200 and $400 off any future approved the settlement, the bank dis- yers have learned if they sue General purchases they may make from To- bursed more than $8 million to the Motors or Ford or Chrysler, who are shiba. They received no compensation. class action attorney in legal fees, and headquartered maybe in Detroit, on be- The two named plaintiffs in the law- credited most of the accounts of the half of an Alabama or an Illinois cit- suit, individuals who bought this To- victims with paltry sums. The legal izen—then that case is going to be in shiba laptop, received $25,000 each. And fees, equal to 5.3 percent of the balance Federal court, right? That is what the the attorneys, what did they receive? in each account, were debited to those Constitution says—but, no, they will One hundred forty-seven point five mil- accounts. So the attorney’s legal fees also add the local Ford dealership in Il- lion dollars. Tell me that is legitimate. were taken out of the bank accounts of linois or Alabama or Mississippi or Col- Not so. the class victims. A lot of these people orado, wherever they file the lawsuit Here is one with Blockbuster. A class did not even know a class action had that they choose is the best place. action suit was filed in Texas—another been filed, let alone that they owed an They will name one defendant, at least, Texas case—which alleged Blockbuster attorney a fee for the $9 in recovery he who is in that same State, and it had unfairly charged for overdue movie had received for them. breaks diversity under case law, and rentals. They had overcharged people What is even worse is that for a num- the case gets tried in the local State. when they were late turning in their ber of accounts, the debit to their ac- So the principle there is important. video rentals. They were faced with 23 count exceeded the credit they ob- In a case involving a class action, in lawsuits in 13 other jurisdictions tained in the settlement, meaning that which you are involving hundreds of around the country. This was a class the attorney’s fees that came out of thousands of plaintiffs all over Amer- action lawsuit. They decided they bet- their account exceeded the $9 benefit ica in every State in America, and the ter settle the case. In the settlement, they had received from the class action prime defendant, the central, respon- the trial lawyers received $9.25 million settlement. sible defendant is an out-of-State cor- in fees and expenses. The individual For example, Dexter Kamowitz of poration, our Founding Fathers, I have plaintiffs who were alleged to have Maine, who did not initiate the lawsuit against the Bank of Boston and prob- no doubt, believed that should be in been wronged received two free movie ably knew little about it, received a Federal court. rentals and $1 off coupons for future credit of $2.19 under the class action So I say to my friends who are con- movie rentals. They got nothing, no settlement. At the same time the class cerned about federalizing litigation— money paid out of pocket directly of action attorney debited his account for and they believe States ought to be the $9.25 million. I suspect some of $91.33 for legal fees, producing a net able to set their own rules for litiga- those plaintiffs didn’t even know they loss of $89.14. Such results, as might be tion—I really, truly say to you, this is were being named as a plaintiff in the expected, produced outrage from class not one of those cases in which the case. They got a $1 coupon, threw it in members in other States around the Federal Government is taking over the trash can, just like you throw them country. Judge Frank Easterbrook, things they should not take over. The in the trash can that come out of your Circuit Judge of the Seventh Circuit, Constitution contemplated those kinds newspaper. You don’t have time to fool asked this question: What right does of cases would be in Federal court, with them. Alabama have to instruct financial in- where you have a lifetime-appointed Here is one with Sony Pictures. Typ- stitutions headquartered in Florida to Federal judge, whose appeal will be to ical of how these things can develop. In debit the account of citizens in Maine a court of appeals of a whole region, advertising for their films, Sony and other States? and whose final appeal will be to the wrongfully created a fictional film re- That is a good question. How can a United States Supreme Court, the viewer. This fictional film reviewer circuit court in Alabama order a bank Court that sits over the entire country. fabricated some quotes. Despite Sony’s headquartered in Florida to debit the So that is why I think we have had so numerous apologies and offer to pay account of a victim in Maine? That is much success in gaining support for $350,000 to settle the inquiry by a State bizarre. That is the kind of thing we this reform. I believe we can do that. attorney, a class action was filed. Sony are dealing with. And for a whole lot of reasons, under was willing to pay. They knew they This bill has received great scrutiny. the Federal laws we are able to pass, had messed up. They were willing to It is not going to end class actions. It and under the leadership or jurisdic- pay. That is so often the case in these is going to end the abuses of class action of a Federal judge, we will have matters. The lawyers then went out tions. It will take only the biggest, far fewer bad verdicts. We will reduce and found two moviegoers to head the clearly interstate cases of class ac- the ability of the plaintiff to choose class of plaintiffs. They claimed they tions. It will allow them to be tried be- the most favorable forum in the whole were jousted into seeing ‘‘A Knight’s fore a more neutral forum of a Federal United States in which to file a law- Tale,’’ the movie, by ads quoting this court. It will provide some controls in suit. fictional reviewer calling the films lead the way these cases are handled, the Let me mention to you some of the actor the year’s hottest new star. way attorney’s fees are set. It will con- cases. There are a lot of them that It was all bogus, which most of us trol the abuses of coupon-type settle- have been out there that caused dif- know those ads are bogus anyway. The ments. It will do a lot of things that ficulties and have caused an uproar and attorney originally sought refunds on are very healthy and proper and appro- a concern. the ticket prices but later demanded priate and overdue. The Toshiba case, Shaw versus To- $4.5 million to settle the case. That is what we need to do in this shiba Information Systems, was a class There is a host of other cases. I could matter. Class actions will continue. action filed in Texas complaining of an go on. They can continue in State court, if it entirely theoretical defect in the flop- Aetna, a Federal judge awarded $24 is primarily a State class. They can py disk controllers of Toshiba laptops. million in attorney’s fees out of an $82 continue in Federal court, if it is pri- They are sold all over America. Why million settlement in a class action marily a Federal class. That is the did they choose a county in Texas to against Aetna. There was one against right thing for us to do. file a lawsuit? They were able to do Golf Digest, Cell Phones. The Bank of We need to bring it up in the Senate that in a State court, even though the Boston case, which involved my State before this session is over. If we do asserted defect had never resulted in of Alabama, was pretty egregious also. that, we will have served our constitu- injury to any user of the defendant’s A class action was filed by a Chicago ents well. We will have monitored the product. Not a single one of the cus- attorney against the Bank of Boston, legal system that we set up, control, tomers had ever reported a problem and they decided to file it in Mobile and regulate by the laws we pass. We due to this defect. Facing a potential County, AL. That is odd, is it not? The will have responded to abuses and cre- liability of $10 billion, what the plain- case alleged that the bank did not ated a system that is fair and more

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12424 CONGRESSIONAL RECORD — SENATE October 3, 2003 just for the plaintiffs, the defendants, and against our system and against our We have been extremely successful as and the particular plan. Nation. We learned from 9/11, regret- a nation so far, I believe, in pursuing a I thank the Chair, and yield the tably, that there are, unfortunately, tactical war against terrorists, and we floor. groups out there who subscribe to what can continue this tactical war and we The ACTING PRESIDENT pro tem- is known as Muslim fundamentalism, will probably have to continue it for pore. The Senator from New Hampshire who are willing to pervert the Muslim years to come. By that I mean finding is recognized. faith, and who wish to pursue actions the terrorists, following the dollars, Mr. GREGG. What is the regular of violence against us as a nation, and tracking them down, using our exper- order? against Americans as people, simply The ACTING PRESIDENT pro tem- because we exist. For whatever rea- tise, our intelligence capability, and pore. The regular order would be to lay sons, they see us as their enemies, and our military to neutralize their ability the bill before the Senate. there are a variety of reasons, which I to attack us—whether it is in Afghani- Mr. GREGG. I thank the Chair. will not go into. They obviously have stan, Iraq, Buffalo, or Seattle—finding f the capacity and have shown their will- them before they can do us harm, CONCLUSION OF MORNING ingness to do us damage and harm. We eliminating their resources and sources BUSINESS have to respond to that. of resources, and working an inter- The ACTING PRESIDENT pro tem- Fortunately, we have a President national coalition of law enforcement pore. Morning business is closed. who understands this—understands it agencies and military forces that is ca- f in a way that I think many of us don’t pable of doing them physical harm be- fully appreciate. I happen to, however, fore they can do us physical harm. EMERGENCY SUPPLEMENTAL AP- greatly admire it. The fact is, in Presi- PROPRIATIONS FOR IRAQ AND dent Bush we have someone who is That is a tactical approach. It is one AFGHANISTAN SECURITY AND very focused on the issue of protecting that is being pursued with great ag- RECONSTRUCTION ACT, 2004 the United States and all Americans, gressiveness at all sorts of different The ACTING PRESIDENT pro tem- defeating the threat of terrorism, and levels—internationally, of course, and pore. Under the previous order, the finding terrorists and bringing them to obviously in Iraq and Iran, but across Senate will resume consideration of S. justice before they can do us harm. As the globe, such as in the Philippines 1689, which the clerk will report. part of that effort, there is a philos- and India and Pakistan, and domesti- The legislative clerk read as follows: ophy that I think is very appropriate cally with the creation of the Home- A bill (S. 1689) making emergency appro- that we are pursuing as a nation, which land Security Department and the re- priations for Iraq and Afghanistan security is that we will go out and find the ter- structuring of our own domestic law and reconstruction for the fiscal year ending rorists before they can find us. We will enforcement community. September 30, 2004, and for other purposes. kick over the rocks under which they But that is tactical. That means you Pending: hide and bring them to justice in what- Byrd amendment No. 1818, to impose a lim- ever manner is appropriate—before find the individual or the cell, you find itation on the use of sums appropriated for they can get out from underneath the the group of fundamentalist terrorists the Iraq Relief and Reconstruction Fund. rocks under which they hide and plan who are gathered together, you get the Byrd/Durbin amendment No. 1819, to pro- information on where they are, you hibit the use of Iraq Relief and Reconstruc- to attack us. The basic theory is to tion Funds for low priority activities that cause the terrorists to worry about disrupt them and, if you can bring should not be the responsibility of U.S. tax- where they are going to sleep tonight them to justice, you do. That is tac- payers, and shift $600 million from the Iraq rather than to be thinking about whom tical. That is not going to resolve the Relief and Reconstruction Fund to Defense they are going to attack tomorrow. problem for us because, regrettably, no Operations and Maintenance, Army, for sig- It requires an aggressive inter- matter how you look at this, if you are nificantly improving efforts to secure and national policy, but it is a policy di- honest about it, there is a cultural and destroy conventional weapons, such as rected at protecting us, Americans, bombs, bomb materials, small arms, rocket a religious issue involved. across our Nation, giving us a better propelled grenades, and shoulder-launched There are a billion people in this missiles, in Iraq. opportunity of avoid another 9/11, an- Reid (for Stabenow) amendment No. 1823, other attack on our country on our world who subscribe to the Muslim to provide emergency relief for veterans soil. As part of that effort, we have re- faith. It is a strong and good faith with healthcare, school construction, healthcare placed a dictatorial, repressive, geno- an incredible history. But if only 1 per- and transportation needs in the United cidal, maniacal regime in Iraq, a recent of those billion people are at- States, and to create 95,000 new jobs. gime which clearly represented a tracted to the perversion of that faith Mr. GREGG. Mr. President, I wish to threat to its neighbors and was a and follow a Muslim fundamentalist speak briefly. I understand the Senator breeding ground for terrorists and a po- view of the world—terrorist view of the from North Dakota is also going to tential, if not real, supporter of those world—that is 10 million people. That speak. I want to talk on this piece of who would do us harm in the United is potentially 10 million people who legislation but, more importantly, on States. want to do us physical harm. Hope- the overall approach we take toward The strategy of the war was bril- fully, it is not that high. fighting terrorism as a nation. liantly executed by our military, our First off, as to this bill, which is ob- men and women. We have to admire So if we are to pursue a lasting reso- viously an extraordinarily expensive their courage, their expertise, and the lution of this issue, a tactical approach bill—over $80 billion, much of which manner in which they comported them- will keep us, hopefully, safer, but it goes to support our forces in Iraq, selves in Iraq. Their success militarily will not resolve the underlying prob- which is absolutely critical, and some is in large part due to the fact that we lem. We need much more of a strategic of which goes to assisting in the re- are willing to spend our national treas- approach, something that looks at the building of Iraq—many of my col- ury to support them, and we must con- forces which create the threat and un- leagues and others have questioned the tinue to do that. That is what this sup- dermines those forces. That is where dollars going to the rebuilding of Iraq plemental is about. the issue of addressing the reconstruc- and whether that is an appropriate way So supporting our troops with the tion of Iraq comes in. There are a vari- to spend American tax dollars. I think, dollars they need and the equipment ety of ways we can address people who however, we have to look at this issue they require is a given. There is no one are members of the Muslim faith, espe- not from the standpoint of whether it in this body who would question that. cially in the Middle East and show is benefiting Iraq but whether it is ben- The second part is the rebuilding of them that we, as a nation, are not a efiting us, the American people. Iraq. Why is that important to us as a I don’t think there is any question nation? Well, if we are going to under- threat to them but are actually an ave- but that it benefits the American peo- mine the fundamentalist Muslim ter- nue of opportunity. But today those ple. Our purpose here is to defeat terrorist threat, we must undermine their options don’t really exist in the Middle rorism. Our purpose here is to under- breeding ground, where they are able East. mine the capacity of those people who to recruit, and their philosophy for re- If we can prove to people who sub- would use violence against Americans cruitment. scribe to the Muslim faith and might

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12425 be attracted to a fundamentalist ter- Iraq with our military. It is what we The ACTING PRESIDENT pro tem- rorist approach that democracy works are doing in working to break up the pore. The Reid-Stabenow amendment is and is a great option for them, the money in the European countries and pending. market-oriented approach works and to find the cells in the United States, Mr. BOND. I ask unanimous consent there is great opportunity for them, and what we have to continue to pur- that amendment be temporarily set that education that encompasses the sue aggressively through the Depart- aside so that I may offer an amend- expansion of the mind relative to not ment of Homeland Security, the FBI, ment. only Western values, but Eastern val- and the CIA. The ACTING PRESIDENT pro tem- ues, and the issues of especially science At the same time, we need to have a pore. Without objection, it is so or- and its potentials is of great value, strategic track. It has to go beyond dered. then we will have created an oppor- just reconstructing an Iraq and making AMENDMENT NO. 1825 tunity for people to take a different it a democratic nation. It has to go to Mr. BOND. Mr. President, I send an look at what we stand for as a nation messaging. It has to go to communica- amendment to the desk on behalf of and say: Maybe rather than being a tion. It has to go to education. We need myself and Senator MIKULSKI and ask threat, you are an avenue of oppor- to spend significant thought on plan- that it be immediately considered. tunity. ning and probably treasury on the The ACTING PRESIDENT pro tem- That is where Iraq comes in. If we are issue of a strategic approach to set up able to settle Iraq over the next 3 to 5 pore. The clerk will report. different initiatives which will have The legislative clerk read as follows: years in a way which allows it to grow the effect of undermining the capacity The Senator from Missouri [Mr. BOND], for as a democracy, in a way which allows of the Muslim fundamentalists to re- it to grow as a market economy, in a himself and Ms. MIKULSKI, proposes an cruit and to make their case against amendment numbered 1825. way which allows its people, especially America by communicating more effec- Mr. BOND. Mr. President, I ask unan- its children, to attend schools which tively throughout the Middle East and imous consent that the reading of the teach a variety of values and especially also across other Muslim nations in the amendment be dispensed with. the opportunities which come from southeast, such as the Philippines and The PRESIDING OFFICER. Without quality education, if we are able to Indonesia, and Pakistan, by creating objection, it is so ordered. produce such an Iraq, it will be a shin- initiatives which encourage market- The amendment is as follows: ing light in the middle of the Middle oriented approaches, which encourage East. It will be a place that people can leaders who subscribe to democracy, (Purpose: To provide additional VA Medical look to and say, My goodness, democ- which encourage leaders who subscribe Care Funds for the Department of Veterans Affairs) racy does work; market economies do to education. mean more prosperity for my family At the appropriate place, insert the fol- It has to be more than just a hap- lowing: and me; balanced education is a good hazard exercise. It actually has to be a thing. We will have set up a natural structured exercise. It is much more DEPARTMENT OF VETERANS AFFAIRS magnet to attract a positive view of VETERANS HEALTH ADMINISTRATION difficult, much less tangible than a tac- MEDICAL CARE these forces which have done so much tical approach, but it needs the same for us as a nation and for the West, spe- For an additional amount for medical care type of attention and energy. and related activities under this heading for cifically democracy, market econo- We are not doing that right now as a mies, and education. fiscal year 2004, $1,300,000,000, to remain nation. We are certainly not doing that available until September 30, 2005. Today that does not exist really in as a government, in my opinion, and the Middle East, but this is our oppor- Mr. BOND. Mr. President, this is an we as a Congress should be thinking tunity, an unintended consequence pos- amendment that Senator MIKULSKI and about how we can do this. sibly of this war in Iraq, but clearly a I believe is very important to provide As we move down this road, I believe potential consequence of significant adequate funding for medical care for this is something to which we have to and positive opportunity to create an the Veterans Affairs Department. This pay significant attention, but clearly, Iraq, one of the larger nations in the amendment provides $1.3 billion in one step in this exercise of a strategic Middle East and one of the wealthier emergency funding for the Department approach is to assist in the creation of nations in the Middle East, a nation of VA medical care account which a democratic, market-oriented nation with exceptional history and with a truly is an emergency. in the middle of the Middle East, spe- people who have historically been ex- This amendment addresses the med- cifically Iraq, which subscribes to the traordinarily productive, to create a ical care needs of returning teaching of its young a value system nation which realizes the dreams of servicemembers from Iraq and Afghani- which is consistent with the beliefs of freedom, opportunity, economic well- stan who will require medical care freedom and democracy and market being, and education, which most peo- service from the VA. forces. That is why it is so imperative ple in the world subscribe to and de- As many of my colleagues know, the that we make this investment in Iraq. sire, and that is why stabilizing Iraq is VA cannot currently keep up with the It is not about protecting them. It is so important. If we accomplish that, demand of the current veteran popu- not about rebuilding Iraq, although we will fundamentally undermine the lation, as illustrated by the tens of that is certainly an outcome of it. It is philosophy of the Muslim fundamental- thousands of veterans who have been about creating an opportunity to un- ists and their message to the Middle told to wait at least 6 months to get an dermine the sources which breed the Eastern population, which is that appointment. Even more distressing is fundamentalist Islamic movement and, America is a threat, an enemy, and the fact that many of them may have thus, lessening the threat against that Americans must be destroyed and to wait up to 2 full years, and that is Americans and our culture. our culture must be attacked. unacceptable. If the VA cannot cur- It will benefit us Americans in our Mr. President, I yield the floor. rently help those who are in the sys- country; it will benefit us in New The ACTING PRESIDENT pro tem- tem, how will they be able to help Hampshire; it will benefit us in New pore. The Senator from Missouri. those veterans returning from Iraq and York; it will benefit us in Pennsyl- Mr. BOND. Mr. President, I thank my Afghanistan? vania; it will benefit us in California to colleague from North Dakota who has In the legislation before us today, we have a nation in the Middle East which an amendment and a longer statement. have provided emergency funds for the is a viable option to the threat and the I ask unanimous consent that he be Department of Defense to fight these message of fundamental Islam that recognized after me to offer his amend- wars and reconstruction funds to en- goes to this whole strategic issue. ment. sure that we win the peace, we secure As we pursue our fight against ter- The ACTING PRESIDENT pro tem- the peace and bring our troops home. I rorism, we have to have a two-track pore. Without objection, it is so or- support these funds. They are vitally approach, in my mind. One is tactical, dered. needed. I hope we can get them ap- which I outlined. That is what we are Mr. BOND. Mr. President, is there an proved when we return. However, I be- doing in Afghanistan, obviously, and in amendment pending? lieve we also need to ensure that when

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Without originally passed to meet the medical ical care needs to treat the injuries and those funds, those waiting veterans care needs of veterans who served in the wounds suffered by our valiant he- will wait longer for medical care and the first Persian Gulf war. The law ap- roes in the wars. In other words, we the VA will be forced to deny medical plies to servicemembers who are in must ensure that there is a continuum care to another 585,000 veterans. I can- Iraq now. of care for our service members from not accept these outcomes. I do not be- But the VA medical care system is basic training to deployment to dis- lieve my colleagues will accept these under tremendous stress. During Au- charge. outcomes. This is medical care they gust, I traveled to VA clinics across Let me illustrate the current press- have earned through the risk of life Maryland. I saw dedicated staff pro- ing and urgent needs for these emer- and limb, and all too often their long- viding quality medical care. But they gency funds. According to a September term health. are stretched to the limit. 2, 2003, Washington Post article, the I ask my colleagues to think about Nationally, there are over 100,000 vet- number of service members wounded in our service members who have already erans waiting longer than 6 months to action in Iraq totals 1,124 since the war returned from service, our service see a VA doctor. Some veterans are began in March. This Post article members who are continuing to serve waiting as long as 2 years. The wait for states: and those who want to serve. If we do specialty care like spinal cord injury The rising number and quickening pace of not provide these funds, what kind of care, blind rehab, and prosthetics can soldiers being wounded on the battlefield message does this send to those cur- be even worse. The Blinded Veterans have been overshadowed by the number of rently fighting overseas and those who Association tells us that there are 2,600 troops killed since President Bush declared will be sent overseas? veterans waiting up to 1 year for ad- an end to major combat operations May 1. I hope my colleagues agree with me mission into a blind rehab center. Our veterans didn’t stand in waiting USA Today, in this past Wednesday’s that we want to tell these men and lines when they were called up to serve edition, has reported that at least women that we will not turn our backs our country. They shouldn’t have to seven times as many men and women on them and that we will keep our stand in line or pay toll charges to get have been wounded in battle as those promises to them. the medical care they deserve. The killed in battle. This is a copy of that I thank the Chair and I thank my Bond-Mikulski amendment is nec- article, and it is entitled ‘‘Trip Home is colleague. essary to keep our promises to our Na- Just Start of Road Back.’’ Mr. DORGAN. Will the Senator yield tion’s veterans by ensuring that sol- I am not going to offer these articles for a question? for the RECORD but I would refer those Mr. BOND. Yes. diers returning from war, and the vet- publications to my colleagues who are Mr. DORGAN. Mr. President, I ask erans who fought before them, will get interested. We know the wounded are the Senator from Missouri if he would the medical care they deserve. The President’s budget proposed a arriving in Washington every week. I add my name as a cosponsor to the new $250 annual membership fee for point out these numbers do not include amendment. veterans, and increased copayments for military men and women who are re- Mr. BOND. I would be happy to do so. veterans’ prescription drugs and visits turning from Afghanistan and other I ask unanimous consent that Senator to the doctor. Senator BOND and I have parts of the world after fighting the DORGAN be added as a cosponsor. worked together on a bipartisan basis war on terrorism. The ACTING PRESIDENT pro tem- this year to reject these proposals. According to the VA, some of our re- pore. Without objection, it is so or- This funding will ensure VA has the returning service men and women are dered. sources necessary to meet the needs of currently being served through VA– Mr. BOND. I believe there will be our veterans and returning troops. DOD sharing agreements. Others, such others who wish to do so. I thank the I thank Senator BOND and urge my as PVT Jessica Lynch, of whom we all Chair and I thank my colleague from colleagues to support this amendment. know a great deal, are being discharged North Dakota. The ACTING PRESIDENT pro tem- and turning to the VA for specialized Mr. President, I rise in support of the pore. The Senator from North Dakota. services. This level of demand for VA Bond-Mikulski amendment. This Mr. DORGAN. Mr. President, the services has not been foreseen or an- amendment is simple and straight- Bond-Mikulski amendment described ticipated. forward. It would add $1.3 billion to the by the Senator from Missouri makes a Further, we know that overall de- Iraq and Afghanistan supplemental for great deal of sense to me. It seems to mand for VA medical care is not going veterans’ medical care. me that keeping our promise to our to lessen. We have already seen the VA Our men and women serving in Iraq veterans is also a part of national secu- medical care system being over- and Afghanistan have my steadfast rity and national defense. We have a whelmed by the staggering increase in support, and so do those men and very serious problem in the VA health demand for its medical services. Since women who fought before them. Our care system. It is going to grow worse, 1996, the VA has seen a 50-percent in- veterans need to know that America is not better, and we need to add these re- crease in growth, or 2 million patients with them, and that we owe them a sources. in total users of the medical care sys- debt of gratitude. Congress should As we know, the number of people tem. Moreover, enrollments have in- show that gratitude with deeds, not who have been wounded in Iraq and are creased by some 3.1 million since 1999 just words. That means making our going to come back home and justifi- alone, and the VA projects that its en- troops and our veterans a priority in ably lay claim to the health care they rollments will grow by another 2 mil- the Federal checkbook. were promised in our VA system, we lion patients from a current level of 7 As the ranking member on the VA– must provide the funding for that. million to 9 million in 2009. This is a HUD Appropriations Subcommittee, I think all of us in this Chamber have historic and unprecedented increase in my guiding principle for the VA budget had the experience of visiting with vet- the level of service. is that promises made to our veterans erans with respect to their experience Again, I urge my colleagues to sup- must be promises kept. I believe this in the VA health care system. They port these emergency funds. At a time means no membership fees or toll will tell us of seeing the posters of of war with thousands of injured troops charges on veterans to get health care Uncle Sam pointing at them saying, returning from battle, it is clearly an or prescription drugs, and no waiting Uncle Sam wants you, and on the bot- emergency to include these funds. It is lines for veterans to get medical care tom of the poster it said, free health our moral responsibility to ensure that or to get their claims processed. care for life. we provide adequate resources to the Under a law passed after the Persian Many of our veterans have experi- VA to meet the vital medical needs of Gulf war, VA must give priority to re- enced something substantially less

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12427 than that when they come home from struction of the infrastructure in Iraq by First, the infrastructure of the coun- having served our country, and that is collateralizing the revenue from future sales try of Iraq was deliberately not tar- why I think it is very important for us of oil extracted in Iraq. The Authority shall geted by the American military attack. obtain financing for the reconstruction of to provide the funding that is needed in the infrastructure in Iraq through— The attack, which was called Shock the VA health care system. (1)(A) issuing securities or other financial and Awe, which most of us saw on tele- I recall one day being at a town instruments; or vision, did not target electric genera- meeting and a man named Thor came (B) obtaining loans on the open market tion facilities, the electric grid, roads, up to me. He had served in the Air from private banks or international finan- bridges, dams. It deliberately did not Corps in the Second World War, had cial institutions; and target those. As a result of that, we do fought for this country, had done all (2) to the maximum extent possible, not have a country in which their in- that his country had asked of him, securitizing or collateralizing such securi- frastructure has been devastated by many years ago. Now he was without ties, instruments, or loans with the revenue from the future sales of oil extracted in Iraq. carpet bombing of the type that hap- much income, in his late seventies, and pened in some places during World War Mr. DORGAN. I offer this amendment he was having all kinds of health prob- II. on behalf of myself and Senators DUR- lems, some of it related to his service Second, many of the reconstruction BIN and LANDRIEU. This amendment is in the Second World War. He was not items in the 20-plus billion request by identical to that which I offered in the able to get the help he needed. the administration are not urgent. I Appropriations Committee, and which The day he came to the meeting I will describe that in some detail. lost on a 15-to-14 vote. It is the iden- held, he told me he was having trouble Third, the cost of the reconstruction tical language. So my colleagues on with his teeth and could not eat. He effort need not, and ought not, to be the Appropriations Committee, at had false teeth. His teeth did not fit. borne by the American taxpayer. If the least, will be acquainted with the pro- They were cutting his mouth and he United States was the only possible visions and the specific language of could not get new teeth from the VA source of funding for reconstruction, this amendment. that would be one thing. But that is system. At age 75 or 80 years of age, My colleague spoke earlier today not the case. The fact is that Iraq has having served in the Second World about the goals we share for Iraq—our a wealth of oil reserves, and Iraq can War, done for this country what this country’s objectives in the Middle East easily use those resources to finance country asked him to do, now living in and around the world. We all want the very low-income circumstances, he Iraqi people to have a better country its own reconstruction. My amendment should not have to beg VA to get new and to be able to control their own des- would help construct a mechanism for teeth. That ought not be the way it tiny. We all want to foster a democracy the Iraqis to do exactly that. My amendment simply proposes that happens. in Iraq, in which the Iraqi people are there be established an Iraq Recon- I happened to get him new teeth be- free to make their own decisions, could struction Finance Authority, in Iraq, cause I had a friend who was a dentist. build a model economy with a market by the Governing Council of Iraq, He talked to some people who run a system that works, one that provides laboratory and he was able to get a an expansion of economic opportunity working with the Coalition Provisional new set of teeth. But we ought to take and jobs for the Iraqi people—all of us Authority. The Governing Council of care of these needs more systemati- would aspire to have that happen. Iraq is made up of Iraqis. They would cally. We ought to fund the VA health Some of my colleagues, however, create an Iraq Reconstruction Finance care system to provide for the needs of have said this can only happen if you Authority. That authority would these veterans. It is a promise we have inevitably link the two pieces of the securitize or sell securities against the made and, in my judgment, a promise appropriations request sent to us by value of future oil that will be pumped we ought to keep. So I am pleased to the President, the $87 billion which in- in Iraq. Iraq has the second largest re- add my name as a cosponsor to the cludes the amount of money for the deserves of oil in the world and has sub- Bond-Mikulski amendment. fense needs, which is some $66 billion, stantial capability to pump a dramatic AMENDMENT NO. 1826 and the $20-plus billion for the recon- amount of oil in order to raise ample Mr. DORGAN. Mr. President, I send struction of Iraq. They say it must refunds to reconstruct Iraq. Simply, my amendment says let Iraqi an amendment to the desk and ask for main a single piece of legislation, inex- oil pay for the reconstruction of Iraq, its immediate consideration. tricably linked, that cannot in any way not the U.S. taxpayer. And let Iraqis The ACTING PRESIDENT pro tem- be taken apart because one part makes use that Iraqi oil revenue to recon- pore. Without objection, it is so or- the other work. struct Iraq. This has nothing to do dered. The pending amendment is laid I suppose it is like a loose thread on with the United States grabbing part of aside. a cheap suit. You pull the thread and the resources that belong to the people The clerk will report. the arm falls off, so you can’t take any The legislative clerk read as follows: part of this and adjust it or change it. of Iraq. On the contrary, my amend- That is what we are told. ment says that the Iraqi people, The Senator from North Dakota [Mr. DOR- I believe there are pieces of this leg- through the Governing Council of Iraq, GAN], for himself, Mr. DURBIN and Ms. LAN- DRIEU, proposes an amendment numbered islation that can be changed, and I should use Iraqi oil revenue to recon- 1826. think changed for the better, in ways struct the country of Iraq. It is very Mr. DORGAN. Mr. President, I ask that will still accomplish the goals the simple. It is not hard to understand. Some believe that if we followed this unanimous consent that the reading of President and we have for the country approach, we would be accused of grab- the amendment be dispensed with. of Iraq, but that will also help the bing Iraqi oil. They will say: You at- The ACTING PRESIDENT pro tem- American taxpayer. At the outset, let me say that I be- tacked Iraq because you wanted their pore. Without objection, it is so or- lieve that the portion of the request re- oil. dered. lating to our military is important and That can’t be the case because there The amendment is as follows: is urgent, and this Congress will enact is nothing here that would put Amer- (Purpose: To require that Iraqi oil revenues it very quickly. I don’t think America ican hands on Iraqi oil. It would be be used to pay for reconstruction in Iraq) sends its sons and daughters to war and Iraqis in the country of Iraq using Iraqi Beginning on page 25, strike line 5, and all then decides it will not fund that which oil to reconstruct Iraq. It simply re- that follows through page 28, line 15, and in- lieves the burden of $21 billion from the sert the following: is necessary for them to carry out their mission. That would be unforgivable. shoulders of the American taxpayers, FINANCING OF RECONSTRUCTION We have a responsibility to do that, which is what is proposed by the ad- The President shall direct the head of the and we will do that. ministration for the reconstruction of Coalition Provisional Authority in Iraq, in The second portion of this request, Iraq. It says instead of having the U.S. coordination with the Governing Council of Iraq or a successor governing authority in dealing with the reconstruction of Iraq, taxpayers borrow the money, or the Iraq, to establish an Iraq Reconstruction Fi- is a different story. I think there are a Federal Government borrow the money nance Authority. The purpose of the Author- couple of aspects to remember about or pay taxes to reconstruct Iraq, Iraqis ity shall be to obtain financing for the recon- that. can use their oil resources to do that.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12428 CONGRESSIONAL RECORD — SENATE October 3, 2003 Ambassador Bremer said that by debt. It doesn’t make any sense to me. Was that a duly constituted govern- July of next year, Iraq will be pumping This man is gone. His government no ment? I don’t think so. The Iraq Gov- 3 million barrels of oil per day. That is longer exists. And Iraq is sitting on top erning Council is much more legiti- $160 billion of net export value of oil of an enormous oil resource. mate than the Saddam regime, in my for the country of Iraq in 10 years. But we are told now that the Amer- estimation. Why would anyone argue They can easily sell securities against ican taxpayer should pay to recon- with that? Who wants to come to the that future production of oil and use struct Iraq, because Iraqi oil revenues Senate floor and say that the debts in- that to reconstruct Iraq. need to be immediately turned over to curred by Saddam’s regime are legiti- As I indicated, this is the second the Saudis and the Kuwaitis to settle mate, but securities that would be largest oil reserve in the world. This is Saddam’s debts. issued by the current Governing Coun- not a small resource. This is liquid gold I am sorry. It doesn’t add up to me. cil would not be legitimate? under the sands of Iraq. When they It doesn’t work for me. I don’t under- I ask that again because I think it is pump it and sell it to a world that stand the perversity of a strategy that important. needs oil, they will have $16 billion a says the American taxpayer shall bear Why would anyone argue that the year. And Iraq could obtain immediate the burden so that Iraq’s assets can be massive debts run up by Saddam Hus- funding for reconstruction by selling free to pay the Saudis and the Kuwaitis sein’s government are legitimate and securities, or obtaining loans, backed past foreign debt. payable, but securities issued by the by that future revenue stream. Does this make sense to anybody? If current government of Iraq’s Gov- The concept of securitizing these oil you answer, yes, we think this makes erning Council against future oil reve- reserves has been endorsed by a num- sense, the American taxpayers will pay nues with which they could reconstruct ber of sources and experts. The en- the bill, and Iraqi oil will pay the Iraq would somehow not be legitimate? dorsement comes from a number of cor- Saudis, then I am sorry, you need to go It doesn’t make any sense. ners of thought. The President and back and do some remedial training Until a few months ago, the Adminis- Chairman of the Export-Import Bank, someplace. You are not thinking tration was telling everyone that Iraq’s Philip Merrill, has said he supports straight. that concept of using Iraqi oil for re- oil would allow the Iraqis to pay for Now, there are those who argue that their own reconstruction. construction. In fact, the Export-Im- the current Iraqi Governing Council is Let me show what Mr. Ari Fleischer port Bank used a similar approach for not a duly elected government, and has at the White House said about this. He Russian oil and gas after the fall of the no standing to do anything with Iraq’s was the President’s spokesperson. He Soviet Union, which was credited with oil. said in February of this year: helping to stabilize the industry’s fi- But on Friday, Ambassador Bremer nances and restoring Russia’s infra- said the following: And Iraq, unlike Afghanistan, is a rather wealthy country. Iraq has tremendous re- structure in the early 1990s. The Iraqis are perfectly ready now to ac- sources that belong to the Iraqi people. And Mr. Merrill, the head of the Export- cept a lot of responsibility, and they are so there are a variety of means that Iraq has Import Bank says: What we want to do doing that. There are Iraqi ministers run- to be able to shoulder much of the burden of ning all 25 ministries. . . . They are making is securitize this flow of oil. their own reconstruction. Now, when Ambassador Bremer ap- policy in every ministry. They are respon- peared before the Appropriation Com- sible for the budgets of their ministry. He is, of course, talking about Iraqi mittee, he said that this approach They’ve got to spend the money. They can oil, the second largest oil reserve in the wouldn’t work. Ambassador Bremer move the money around within their budget. world. said you can’t have Iraq securitize its They have great latitude. And they are now Shortly after that time, Mr. operating ministries. oil, or use future sales of oil to recon- Wolfowitz, the Deputy Secretary of De- struct Iraq, because Iraq owes a lot of The Governing Council of Iraq is fense, said: made up of Iraqis. They are running money. It has foreign debt. Ambas- . . . the oil revenues of that country could sador Bremer said the foreign debt was Iraq’s Oil Ministry, among others. It bring in between $50 and $100 billion over the owed to Russia, France, and Germany. seems to me that they have the capa- course of the next two or three. . . . We’re After that hearing, I did a little re- bility to securitize future Iraq oil reve- dealing with a country that can really fi- search. It turns out that the largest nues and pay this reconstruction cost. nance its own reconstruction, and relatively foreign debt owed by Saddam’s regime Is the Governing Council of Iraq soon. was not to Russia, France, and Ger- somehow less legitimate than Saddam That is the administration speaking. many. Hussein’s government? To anyone who They say Iraq can finance its own re- The largest foreign debt of the Sad- argues that the Governing Council of construction, and relatively soon, be- dam regime was owed to the Saudis, Iraq cannot enter into debt on behalf of cause it has massive oil resources. and the Kuwaitis, and the other Gulf Iraq, I ask this: Do you think that Defense Secretary Donald Rumsfeld, Countries. The two largest single credi- Saddam’s regime was a duly elected in March of this year, said: tors, by far, are Saudi Arabia and Ku- government? I don’t believe that the United States has wait. Saddam’s regime also owed some In 1995, Saddam ran for President of the responsibility for reconstruction, in a money to Russia, Japan, France, and Iraq unopposed, and he won 99.96 per- sense. . . . And the funds can come from Germany, that is true, but the largest cent of the vote. That’s right. Less those various sources I mentioned: frozen as- foreign debt was owed to the Saudis than four one-hundredths of one per- sets, oil revenues and a variety of other and the Kuwaitis. cent of the voters voted against Sad- things. I just don’t understand the Ambas- dam. That is the Secretary of Defense say- sador’s contention that Iraqi oil must In August of 2000, Saddam Hussein ing the American taxpayer is not going be sold right away in order to pay off ran again for President. He ran unop- to have to pay for the reconstruction of the Saudis and the Kuwaitis. First of posed. This time, the official reelection Iraq. all, Saddam Hussein and his henchmen count was better. With 100-percent Vice President CHENEY, on national owed this money. Saddam Hussein ran voter turnout, he received 100 percent television in March of this year, said: of the vote. That was the official result the country of Iraq, and he engaged in In Iraq we have a nation that’s got the sec- strategies and policies that resulted in announced by the Iraqi government. ond largest oil reserves in the world, second these debts. Ambassador Bremer sug- In that election, there were no poll- only to Saudi Arabia. It will generate bil- gested that some successor government ing booths. Voters were required to lions of dollars a year in cashflow in the rel- in Iraq will inherit the debt. My ques- hold their ballot over their heads as atively near future, and that flow of resource tion is, Why? Why not say to the the approached the ballot box, so that obviously belongs to the Iraqi people and Saudis and the Kuwaitis: You are owed everybody could see how they voted. needs to be put to use by the Iraqi people. a lot of money by Saddam Hussein and When they voted, they had to parade And that will be one of our major objectives. his henchmen. Find them, and collect past 28 portraits of Saddam Hussein, This administration has said time it from them. and they had to hold these ballots over and time and time again that the re- The Iraqi people ought not have to their heads so they could demonstrate construction of Iraq will be done with bear the burden of Saddam Hussein’s how they voted. Iraqi oil.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12429 Let me describe a ‘‘Nightline’’ pro- never heard of a request for a museum Rudman study by two of our former gram with Ted Koppel and Mr. Natsios, that is urgent or an emergency. I am colleagues for the Council of Foreign head of USAID, the lead reconstruction wondering if there is anyone in our Relations. That study says we are dan- agency in our country. country who thinks that the building gerously unprepared. In fact, that is Mr. Koppel: I understand that more money of a new museum in Iraq is an emer- the title of the study. We have a lot of is expected to be spent on this than was gency. things to do at home to make sure we spent on the entire Marshall plan for the re- Many have mentioned, and I did in are prepared to protect our country building of Europe after World War II. the Appropriations Committee, some of against another attack by terrorists. Mr. Natsios: No. This doesn’t even com- the expenditures: For a 4-week business pare. The Marshall plan was $97 billion. This We can’t just write a blank check for course for executives, $10,000 per stu- is $1.7 billion. Iraq’s reconstruction, and say spend dent. That 1-month catchup course in Mr. Koppel: I mean, you talk about 1.7. whatever you need, let’s spend $9 mil- You are not suggesting the rebuilding of Iraq business is double the monthly cost of is going to be done for $1.7 billion? going to Harvard Business School. lion for new ZIP Codes and buy pickup Mr. Natsios: Well, in terms of the Amer- There is $55 million for computer trucks and build prison beds at $50,000 ican taxpayers’ contribution, I do. This is for training, $330 a month for half-day a bed in Iraq. We have urgent needs the U.S. The rest of the rebuilding of Iraq courses; $1,500 per student for a 6- here, in this country, and we do not will be done by other countries that have al- have infinite resources. ready made pledges: Britain, Germany, Nor- month second language English course; way, Canada and Iraqi oil revenues. They are $9 million to study ZIP Codes for the With respect to the country of Iraq, going to get $20 billion in revenues but the postal service in Iraq; $100 million for our country ought to be supportive. We American part of this will be $1.7 billion. 2,000 garbage trucks; $4 million to start ought to be helpful. We ought to aspire Again, this is the lead person on the telephone area codes. to have the same kind of future for the reconstruction of Iraq speaking last The fact is, many of these items are folks in Iraq that we want for our- March. not an emergency and not urgent. And selves; that is, a future of hope. But the American taxpayer should not have Mr. Koppel: I understand. But as far as re- that does not mean the American tax- to pay for any of this, because Iraq has construction goes, the American taxpayer payer ought to bear the burden of solv- the resources to pay for its own recon- will not be hit for more than $1.7 billion no ing problems created by Saddam Hus- matter how long the process takes? struction. Yet we have this piece of Mr. Natsios: That is our plan, and that is legislation that we are told is not sepa- sein when he borrowed money from our intention. rable, it comes as one piece; pull a Saudi Arabia, Kuwait, Russia, France, Over and over and over again, Mr. string on the cheap sweater and the Germany, and others. It does not mean Natsios said exactly the same thing. arm comes out; take one piece out and we ought to bear that burden. Those It is strange that not many months it destroys the rest. That is nonsense. debts ought to be forgiven or restruc- later all of those folks—Secretary When you look at the $66 million re- tured. Iraqis ought to be able to use Rumsfeld, Vice President CHENEY, Dep- quested by the Pentagon to support our their oil resource to pay for the recon- uty Secretary Wolfowitz, Mr. Natsios— troops, no question: We need to do struction of Iraq right now. Very sim- all said the same thing. And now there that, and we need to do that now. But ple. is this eerie silence from those folks when you look at the $21 billion with Sometimes we get so rigid in this po- who told the American taxpayer, you respect to reconstruction, in my judg- litical process, we do not hear each won’t have to pay for this, Iraqi oil will ment, that can be done by having other; we talk past each other. The dis- pay for it. Iraqis securitize Iraqi oil, and using cussion about this in the committee Now they send up a $21 billion re- that financing for the reconstruction of quest to say to the American taxpayer, came down to this: the President says their own country. it has to be this way now, and therefore you will pay for this. And, by the way, I said when I started, everyone has it must be this way and we cannot con- you can’t change any element of this, the same ultimate objective. I want sider another way. I offered two because this all fits together like a not just Iraqi people, I want people puzzle; take out one piece and you de- around this world, to have opportunity amendments in the Appropriations stroy the puzzle. and hope, to live free, to live in cir- Committee. The first amendment, Now, in Ambassador Bremer’s re- cumstances where they have an econ- identical to the one I am offering today quest, part of the nearly $21 billion in- omy in their country that expands and on the Senate floor, was that there volves items that are clearly not re- produces jobs and opportunity. should be created an Iraq Reconstruc- lated to any damage caused by our There is a hopelessness and helpless- tion Finance Authority. They should military action: ness in many parts of the world. One- borrow money against future Iraq oil $1 billion to rehabilitate power distribu- half of the population of the world lives and reconstruct Iraq. It is the burden tion networks that were in a highly deterio- on less than $2 a day. One-half have of Iraqi oil, not the burden of the rated condition before the war. never made a telephone call; 150 mil- American taxpayer, to reconstruct This has nothing to do with the war. lion have no access to potable water Iraq. It is just 20 years of devastation by that is healthy and is of good quality; That amendment lost by a vote of 15 Saddam Hussein’s government. 150 million kids are not in school. This to 14, though at least one of my col- $50 million to rectify the actions of the is a big, challenging world. leagues on the other side of the aisle former regime and reconnect the Euphrates We are focused now on the country of expressed support for the concept, and River to 30 villages and 100 farms. Iraq. I want things to go well in Iraq. I said he might consider this approach That is an irrigation water project want our soldiers to be safe. I want on the Senate floor. and has nothing to do with the war. them to be able to come home as soon There is $50 million to restore a as possible. I want the Iraqi people to So I offered a second amendment in marsh and rectify some of the environ- come through this experience believing the Appropriations Committee, which mental tragedies ‘‘of the past 25 their country has turned a corner and said that instead of providing a 20 bil- years’’; $50 million for water projects they can live in freedom and have some lion-plus dollar grant, we should ex- in Basra, a ‘‘long neglected city’’; $125 hope and have the opportunity to make tend Iraq a loan. That is not something million to restore railroad tracks that a good future for themselves. I prefer, because I think Iraqis can fi- suffered from ‘‘severe neglect over But as we do all of that, we have nance their reconstruction by time.’’ some responsibilities at home. We need securitizing their oil. But it is a better There are a whole series of things to be able to deal with those. We are approach than just extending a grant. like that, that on their face are not a lucky to be Americans, lucky to be I lost that second amendment as result of the war and in many cases not alive now and to live in what I think is well, by a vote of 15 to 14. I understand particularly urgent. Here is a pretty the greatest country in the world, but that a number of my colleagues on symbolic item: $1.6 million requested we have a lot of challenges. We have to build museums and memorials. I huge homeland security issues right both sides of the aisle are interested in have never heard of an urgent request here at home. this concept. for a museum. I have heard of impor- The plain fact is, we have had major So we will have these debates in the tant requests for museums, but I have studies done, most notably the Hart- Senate. I expect that we will vote on

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12430 CONGRESSIONAL RECORD — SENATE October 3, 2003 the amendment I offered today, once Mr. HARKIN. Mr. President, I ask fice, lay down the law, and get some we return. My hope is we can find a bi- unanimous consent to speak as in answers. partisan way to agree on something morning business for up to 15 minutes. I was driving in to work this morning that shows common sense. The PRESIDING OFFICER. Without and I heard on the radio that the Presi- Most of us know little about Iraq. objection, it is so ordered. dent is flying to Wisconsin this morn- But Iraq is not a desperately impover- Mr. HARKIN. I thank the Presiding ing for yet another fundraiser. People ished country. Iraq sits on top of the Officer. have their priorities, I guess. I think largest reserves imaginable. The oil re- CALL FOR APPOINTMENT OF SPECIAL COUNSEL our priority should be getting to the serves exist under that sand. There is Mr. President, I take the floor again bottom of this as soon as possible and only one country that has larger re- today, as I said I would do every day, finding out who made these leaks, not serves. That is Saudi Arabia. Iraq has until this matter is resolved, until the flying off for yet another fundraiser in great capability to invest in itself and individual or individuals who leaked Wisconsin. build and grow and provide opportunity the name of a CIA undercover agent to Again, instead of a serious, straight- for the Iraqi people. the press are identified and prosecuted forward approach, the President now is Even as we aspire to have that hap- to the full extent of the law. trying to make light of the matter. He pen, we had better look inward a bit in So I take the floor again today to was joking and laughing about it yes- this country and ask ourselves where again recap what has gone on, and also terday with some foreign journalists. we are headed. We are facing record to ask the President to become more I refer to a story that appeared in the Federal budget deficits. This year, we fully engaged in finding out who did Washington Post this morning, Friday, also had the largest trade deficit in the this. October 3. Headline: ‘‘Justice to Begin history of this country, by far. As I said earlier this week on the Leak Interviews Within Days.’’ I will The combined budget and trade def- floor, President Bush can resolve this have more to say about that. I will icit is very close to $900 billion. Yet matter, literally in an hour, by calling quote directly from the article in the people walk around here as if it is his senior staff members in the Oval paper this morning: ‘‘Hear no evil, see no evil, speak no Office and asking them one by one if As pressure built on his aides, evil.’’ It is as if none of this exists. they were involved. It would be very —regarding finding who leaked this in- All of this money we are talking simple. Call them in and ask them: formation— about today, $87 billion—all of it is bor- Were you involved in this, yes or no? Bush joked about the matter. During a rowed against our children’s futures. Bear in mind, the Washington Post roundtable discussion with reporters for Af- Why? story on Sunday—this is when it all rican news organizations, he was asked The President wants to have it all: came out in the open—reported a sen- about three reporters in Kenya who were de- We need tax cuts. We need increased ior administration official revealed two tained this week in what some journalists other ‘‘senior White House officials’’ saw as an effort to intimidate them into re- military spending. We need increased vealing sources. The detention drew a con- homeland security spending, and, at had leaked the undercover CIA agent’s demnation from the International Federa- the same time, $87 billion now for Iraq, identity to six reporters before the so- tion of Journalists which complained that on top of the $79 billion earlier this called Novak column ran in July. So the government has been harassing and bru- year. again, a whistleblower in the White talizing journalists. Someone, someday, in some way, House revealed—and this is according ″I’m against leaks,’’ Bush said, to laughter. pays the cost of that. That cost comes to the Washington Post—a senior ad- ‘‘I would suggest all governments get to the ministration official. In the Post on bottom of every leak of classified informa- with a lower standard of living in this tion.’’ Turning to the reporter who asked the country if we do not get our fundamen- September 28, last Sunday, they quoted question, Martin Mbugua of the Daily Na- tals in order. You just cannot keep the senior official who said: tion, Kenya’s largest daily newspaper, Bush doing this. Clearly, it was meant purely and simply said ‘‘By the way, if you know anything, Mathematics is taught the same way for revenge, the senior official said of the al- Martin, would you please bring it forward from Maine to California. There is only leged leak. and help solve the problem.’’ one way to add and subtract. It was purely and simply for revenge I guess I find this remarkable, a mat- What we require, I think, is a bit of against Mr. Wilson, obviously. So we ter as serious as this, disclosing the backbone from Republicans and Demo- know now a whistleblower in the White identity of an undercover agent in the crats, this President and the Congress, House, a senior administration offi- midst of our war on terrorism, where to stand up and take a look at what we cial—we don’t know who—revealed two we have to rely upon good intelligence, are facing, our budget deficits, our other senior White House officials had we have to rely upon the security of trade deficits, our long-term future leaked the undercover CIA agent’s these individuals, and to let them economic health, and decide we have to identity to six reporters prior to the know that at no time, now or in the fu- put things back on track. That is im- Novak column running in July 14. ture, will they be outed, which could do portant for this country. Someone was pretty busy in the White serious harm not only to them but to Yes, I care about Iraq, as do my col- House calling six reporters. And the their sources and to others. Rather leagues. Yes, we should be concerned senior administration official said it than approaching this in that serious about the reconstruction of Iraq. But was ‘‘purely and simply for revenge.’’ manner, the President is joking about that is a burden that Iraqis can bear, Why doesn’t Mr. Bush simply call the matter as if this is ha-ha, some by using their vast oil resources. It is them into the Oval Office and ask them kind of a lighthearted little diversion not a burden that ought to be borne by one by one: Were you involved in these from his fundraising activities. the American taxpayer. leaks? We know at least three of these I will say this: This is not a laughing The Senate will not be in session senior administration officials know matter. The President may take it next week. But I will seek to have a the full story. We know now at least lightly, but I don’t believe our intel- vote on this amendment when we re- three senior administration officials ligence agencies, nor do I believe those turn. know the full story. The odds are many of us here in the Congress will take it I thank my colleagues. I yield the more know the story as well, that lightly either. And neither do the floor and suggest the absence of a there was some talk around the White American people take it lightly. quorum. House back in July about doing this. I This is a deadly serious matter of na- The PRESIDING OFFICER. The find it hard to believe some low-rank- tional security. The President of the clerk will call the roll. ing individual called six reporters United States should make it his per- The assistant legislative clerk pro- without having this cleared at the sonal business to resolve it as soon as ceeded to call the roll. highest echelons in the Bush adminis- possible. In fact, I would suggest the Mr. HARKIN. Mr. President, I ask tration. Obviously, we know there are President should publicly commend the unanimous consent that the order for three. There may be more. individual who told the Washington the quorum call be rescinded. Mr. Bush could resolve this matter Post last Sunday about the leak, prom- The PRESIDING OFFICER. Without literally by lunchtime if he were to ise to protect that whistleblower’s job, objection, it is so ordered. call the senior officials in the Oval Of- give that person a certificate of merit

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12431 for being truthful and honest and help- but real—leak of classified informa- 2000 and 2001. I don’t know Mr. Wilson; ing to expose those who may have tion. I never met him in my life, but it looks leaked this information, rather than I have other concerns as well, and as though he is one of those independ- joking about it with foreign journalists that has to do with the clear conflict of ents who gives to both sides depending and asking them if they know anything interest Mr. Ashcroft has with this ad- on who he thinks is best qualified. The about it, would they please help him ministration. fact is former President Bush—the first out. I refer to this chart. There was a President Bush—praised Wilson for his I understand from today’s news re- story in the newspaper about the close courageous leadership when he was ports that the Justice Department has connections Mr. Ashcroft has had with Ambassador in Baghdad in 1990. He set a deadline for White House docu- senior White House officials. This chart praised him for his courageous leader- ments related to the matter. That is kinds of shows it. We have Attorney ship, saying: great. But I still don’t understand why General Ashcroft, then Mr. Karl Rove, What you are doing day in and day out it has taken at least 2 months for them senior assistant to the President, who under the most trying conditions is truly in- to request this information since ex- was a paid consultant for Ashcroft for spiring. Keep fighting the good fight. You posing the identity of an undercover Governor in 1984. Mr. Rove was a paid and your stalwart colleagues are always in our thoughts and prayers. CIA agent is a violation of Federal law consultant for Ashcroft for Governor in punishable with up to 10 years in pris- 1988. Mr. Rove was a paid consultant Yet spokesmen for the Republican on. Also I believe it goes further than for Ashcroft for the Senate in 1994. Party want to make Mr. Wilson some just releasing classified information. Today, he is political director and sen- leftist partisan with an ax to grind. No, This is an issue, as I said, about com- ior advisor to President Bush. don’t get to the bottom of it, you see. promising the safety of our undercover Then there is Jack Oliver. He was Don’t find out who leaked it. Attack agents and the investigative efforts to campaign manager for Mr. Ashcroft in Mr. Wilson’s character. Have we seen prevent future threats to the United 1994. Mr. Oliver was deputy chief of this before? We sure have. So, again, this is no laughing matter. States. Again, let me just go back to staff in Senator Ashcroft’s office in the Quite frankly, I just don’t understand this timeline. Senate. Mr. Oliver now is a deputy fi- the President joking lightheartedly On July 6, former Ambassador Joseph nance chair for the Bush-Cheney re- about this, but he did. The President Wilson’s op ed appears in the New York election team for 2004. Now we under- needs to take it seriously. The Amer- Times, questioning President Bush’s stand that, with these connections, ican people take it seriously; we take assertion that Iraq had sought uranium these people so high up in the adminis- it seriously. He can take care of it very from Niger. tration, such as the Attorney General— quickly, as I said, by calling in those On July 14, Robert Novak publishes a President Bush is his boss. The Attor- senior advisors and asking them, one column saying ‘‘senior administration ney General says he can do the inves- by one, if they have knowledge of this. officials’’ have identified Wilson’s wife tigation. Give me a break. That is why Mr. Ashcroft can hardly investigate his as ‘‘an agency operative of weapons of we need a special counsel. That is why own boss, with all of the connections mass destruction.’’ the American people see this as an in- he has. He can hardly be asked to in- On July 24, Senator SCHUMER calls on herent conflict of interest, with all of the FBI director to open a criminal investigate. these people so closely tied together. That is why under ‘‘recusals’’ in the vestigation based on that call. That is why we need an appointed spe- In late July, the FBI notified Senator Department of Justice Resource Man- cial counsel. ual it says: SCHUMER they sent an ‘‘inquiry’’ to the Some argue this is purely politics, If a conflict of interest exists because a CIA. that we are blowing this incident out Then it appears that nothing happens United States Attorney has a personal inter- of proportion. Well, what makes this so est in the outcome of the matter or because for 2 months. serious is this administration released he/she has or had a professional relationship On September 23, the Attorney Gen- its classified information for revenge with parties or counsel. . . . Where there is eral says he and CIA Director Tenet to punish those who told the truth at the appearance of a conflict of interest, the sent a memo to the FBI requesting an the risk of national security and the United States Attorney should consider a investigation. safety of others. recusal. So in July the FBI says they sent an I have been hearing all of these spins I can think of no better example of inquiry to the CIA. In September the coming out of the White House about an appearance of a conflict of interest, Attorney General says they sent a Mr. Wilson and politics, and so I was nor where the U.S. Attorney has had a memo to the FBI requesting an inves- looking at this and I wanted to get to professional relationship with parties tigation. On September 26, the Depart- the bottom of it. I looked at this and I or counsel. They should recuse them- ment of Justice officially launches its saw the spin coming out of the White selves. That is what the Attorney Gen- investigation. House and the Republican Party. Here eral should do, and he should appoint a But interestingly, it took 4 days is Mr. Gillespie, RNC chair: special counsel to proceed further to after that official launch for the Jus- The fact is that Ambassador Wilson is not investigate this matter to find out who tice Department to call White House only a, you know—a former foreign service leaked it. Counsel Gonzales and notify him of the officer, former ambassador, he is himself a I will close with this. As I said yes- official investigation and to tell them partisan Democrat who is a contributor and terday, it is not just the person or two to preserve documents, phone logs, et supporter of Senator Kerry’s Presidential persons who leaked this to six report- cetera. campaign. ers; how did these individuals get that Today, October 3, according to the That is Ed Gillespie, RNC chair, on classified information? Who gave that newspaper, we understand the Attorney September 30. to them? Did it come from the NSC? Is General wants to quickly move the in- Then, here is the former RNC com- that now politicized? Did it come from vestigation along. Again, I don’t under- munication director, Cliff May. He the CIA? Did someone in the White stand why it took President Bush and said: House request this kind of classified in- Attorney General Ashcroft so long to Wilson is no disinterested career dip- formation in order to put it out? get moving on this investigation, when lomat—he’s a pro-Saudi, leftist partisan with That is why I said yesterday, and I they appeared to move so quickly in an ax to grind. And too many in the media repeat again today, there is a cancer wanting to question our congressional are helping him and allies grind it. growing on this administration, and Intelligence Committees last year for What are the facts. The fact is we the best way to get rid of a cancer is to allegedly leaking ‘‘classified informa- found out Mr. Wilson has given money excise it. The best way to excise it is tion.’’ In fact, the FBI was coming to the Presidential campaign of Sen- for the President himself to get in- down, as Senator DURBIN said on the ator JOHN KERRY. But he also contrib- volved, for the Attorney General to floor, asking them to take lie detector uted money to George Bush during the recuse himself, appoint a special coun- tests. But now we don’t seem to be 2000 election. GOP Representative Ed sel, and let’s get to the bottom of this, moving very rapidly in trying to get to Royce, a Republican from California, not in a matter of weeks or months but the bottom of this real—not alleged, received $1,000 from Wilson between in the next few days.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12432 CONGRESSIONAL RECORD — SENATE October 3, 2003 Nothing less will suffice for those I suggest the White House leave its that day because they knew what their brave men and women working all over ideological debates at the Heritage responsibilities were and they jumped the globe to get the intelligence and Foundation. Let us pass an FAA bill. to it. We didn’t know whether there the information we need to fight global The public wants safe skies—and I were going to be other planes brought terrorism and to reassure them that agree with them—not cutbacks in safe- down that morning, but the FAA did this will never happen again. ty, not cutbacks in security. its job. The Secretary ordered the Mr. President, I yield the floor. The biggest problem the White House planes out of the sky, and people were The PRESIDING OFFICER. The Sen- created in the FAA conference report is able to touch down in almost every ator from New Jersey. overprivatizing our air traffic control case safely. The cases that did not were Mr. LAUTENBERG. I thank the system. Despite clear language prohib- those that were suicidally brought Chair. Mr. President, I ask unanimous iting this in both the House and Senate down by maniacs. consent that I be allowed to continue versions of the bill, conference leaders On September 11, those who operated as in morning business. ignored the clear mandates and bowed our Federal air traffic system dem- The PRESIDING OFFICER. Without to the will of the ideologues in the objection, it is so ordered. onstrated great heroism and dedica- White House. tion. Air traffic controllers across the UNANIMOUS CONSENT REQUEST—S. 1618 In all of my years of serving in this Nation performed heroically as they Mr. LAUTENBERG. Mr. President, I Chamber, I have never seen such dis- guided the thousands of aircraft out of ask unanimous consent that the Sen- regard by conference leaders of a clear the sky. Technicians who certify and ate proceed to the immediate consider- safety mandate by colleagues in both ation of Calendar No. 282, S. 1618, a 6- maintain the high-tech equipment kept Chambers. A bipartisan majority in the it operating reliably throughout the month extension of the FAA authoriza- Senate voted 56 to 41 for an amendment tion; that the bill be read a third time, crisis, and flight service station con- that I offered to prevent privatization trollers talked directly to the pilots to passed, and the motion to reconsider be of our air traffic control system. We laid upon the table, without inter- let them know what was happening and voted to heed the lessons gleaned from to tell them the best places they could vening action or debate. the attacks of September 11, the les- The PRESIDING OFFICER. Is there look to for a quick, safe landing. sons of our Space Shuttle Program, the objection? In my home State, from the tower at Mr. SESSIONS. Mr. President, at the Shuttle Columbia disaster, and the ex- Newark International Airport, the air request of other Senators, I object. periences of our foreign counterparts traffic controllers could see the World The PRESIDING OFFICER. Objec- to avoid making the same mistakes Trade Center burning in front of their tion is heard. that will end up costing our society eyes. As they worked to return Ameri- Mr. LAUTENBERG. Mr. President, I more. cans to the ground safely, they knew reclaim the floor. I am disappointed September 11, 2001, was a most tragic that people were dying in front of that my Republican colleagues ob- day, perhaps the most tragic in our his- them. tory, when America’s invincibility was jected to this request because the fu- In the aftermath of these tragic pierced. Almost 3,000 people were ture of our aviation system is an ex- events, the American people demanded killed. In my State of New Jersey, tremely important matter. private baggage screeners becoming nearly 700 people lost their lives in the On Tuesday just past, the authoriza- Federal employees. But it seems back- tion for the Federal Aviation Adminis- terrorist attacks. As my colleagues know, Transpor- ward to me that the administration, tration expired under its previous au- who quickly got on the problem with thorization, called Air-21, and we are tation Secretary Mineta ordered all aircraft in U.S. airspace grounded that the baggage handlers because the pri- struggling to get something done that vate side was not handling it well, put can pass both Houses and serve the day. It was a massive undertaking in just a few hours. Some 5,000 planes them into Government hands—I believe public, as they should be, in aviation. 28,000 was the total number—and they My UC request was to pass a 6-month were guided to safe harbor, and our air still want to contract out the air traf- extension of all aviation programs so traffic control system managed that fic control system to the lowest bidder. we can continue this critical airport unprecedented effort flawlessly. It is one thing to assure ourselves that improvement program without any I show on this chart what happened the baggage that goes aboard these air- interruption. on September 11, 2001. At 8:30 in the The continuing resolution that the morning, the skies looked like this to planes is free of explosives and dam- majority brought to the floor last week those who were watching the scopes in aging material, I agree with that, but intentionally omitted funding for cer- the towers in the FAA: All of these lit- it is worse to ignore the fact that air- tain important airport construction tle green stars, symbols, depict an airplanes full of people, perhaps my programs under the Airport Improve- plane. The sky was filled. If we look at grandchildren, my children, other peo- ment Program. It is $3.4 billion for fis- the northeast corner of our country, in- ple’s children and their families, are in cal year 2004. The fiscal year is now 3 cluding New York and New Jersey, we those airplanes. Do we not want the days old. almost cannot see the black portion of best that we can get in safety and pro- I think it is irresponsible to allow the map because the traffic was so tection for our people? I think so. this critical funding to lapse in the heavy at 8:30 in the morning on that The risks of privatizing highly tech- current economy. Job loss is at an all- fateful day. nical and complex operations speak for time high, and the preliminary U.S. At 9:45, after the attack had begun, themselves. On February 1 of this year, Census Bureau data shows that trans- we start to see a lessening. There is our country suffered another tragedy. portation construction is down 8.7 per- much more of the map visible. The Space Shuttle Columbia tragically cent from this time last year. With- At 10:45, an hour later, look what exploded over the skies of Texas, and holding any part of the $3.4 billion in happened: Those thousands of airplanes we lost some of the most courageous construction projects makes this prob- with passengers in every one of them, Americans on that day. Immediately lem even worse. almost 5,000 airplanes in the sky at after that accident, it was our air traf- Why did we need to consider a con- that time, and the FAA had to jump in fic control system that worked flaw- tinuing resolution for aviation pro- and the controllers had to exercise lessly to guide aircraft around the fall- grams at all? The Senate passed a bill their best judgment because they had ing debris. reauthorizing FAA programs on June to direct these airplanes to a safe land- Following this disaster, the Columbia 12 of this year. The House passed it being place regardless of what their origi- Accident Investigation Board, led by fore then. But we cannot get a bill nal destination was. We see a totally ADM Harold Gehman, published its passed because since that time, Repub- different picture. There are very few findings. The board found that cross- lican leaders, at the behest of the spots where we see airplanes in the cutting and a drive for ever-greater ef- President, have decided to wage an ide- sky. ficiency at NASA—a pioneer in Govern- ological battle over privatizing our air The terrorists crippled our aviation ment privatization—had eroded traffic control system rather than system, and it was the FAA, our he- NASA’s ability to assure mission safe- doing what the public wants and needs. roes, who managed this terrible task ty.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12433 Now, if safety lapses can lead to the of these 200 or so small airports would and the House to prohibit privatizing Columbia Shuttle accident and the fail- not otherwise have an air traffic con- our air traffic control systems, my col- ure to guarantee the safe return of our trol tower. league, Senator ROCKEFELLER, the brave astronauts from mission STS– There are many more. Some 4,000 ranking member of the Commerce 107, just how much are we willing to small airports exist that could use this Committee’s Subcommittee on Avia- gamble on the safety of the 2 million program, but the administration wants tion, and I, introduced S. 1618. It is the Americans who travel in our skies to use the program to privatize some of Temporary Federal Aviation Adminis- every day? the busiest airports in the country. Ex- tration Reauthorization Act of 2003. The lessons of privatization are hard amples of some of the busiest airport This legislation extends funding for re- learned and should not be ignored. towers: They want to privatize the authorization for all aviation pro- Other countries have tried this already eighth busiest airport in the country, grams, including the AIP program, for and they have paid the price. Aus- Van Nuys, CA, almost a half a million 6 months, and it also addresses the im- tralia, Canada, and Great Britain all flight operations in 2002; the 18th most mediate safety and security needs have privatized systems that did not busy, the Denver Centennial Airport in while FAA conference leaders work live up to the promised benefits of pri- Colorado, over 400,000 flight operations with us to go back and fix the problems vatization. Just to clear the air, pri- in 2002. In fact, those two airports are they created for themselves in the FAA vatization means that these tasks will busier than Washington Dulles, which conference report. be handed over to companies whose was 23rd with 392,000 flight operations But, unfortunately, my unanimous mission it is to make a profit and who in the year 2002. We look at Arizona, consent request to pass this extension will try to do the job at the cheapest the 24th busiest airport, Phoenix/Deer was objected to by the majority. In the prices. Valley Municipal Airport, 390,000 flight meantime, our Government operates A member of Parliament of the Brit- operations in 2002. The list goes on. We under a continuing resolution that ish House of Commons named Gwyneth are looking at the 50 busiest airports in means we couldn’t get our work done Dunwoody said this: the country. in time, that as fiscal year 2003 ended The privatization of the United Kingdom’s Some may notice that two airports we were not prepared, though we knew were dropped out of the list, both in air traffic control system was a grave mis- a year in advance that the new fiscal the State of Alaska. Now, why is Alas- take, and one that the United States can year was going to start with October 1, ka exempted? The chairman of the still avoid making. British air traffic con- 2003. I find it outrageous that the Re- trollers are among the best in the world, and Transportation Committee in the publican leadership in Congress would they fought tooth and nail to keep ATC in House of Representatives is Congress- effectively punish our economy with the public sector. man YOUNG. He is chairman of the further job losses in order to afford the The public sector means in govern- committee because he has seniority. opportunity to the White House to ment. Well, he made sure that the two Alas- wage their ideological battles. They insisted that the sale of the national kan airports that were listed for pri- I am appalled they would inten- air traffic services would lead to a collapse vatization were taken off the list. They tionally zero out the Airport Improve- in morale, the unwise introduction of inad- are smart in Alaska. They know they ment Program, again, the program equate and unreliable equipment, and an in- have to fight to protect themselves. creasing danger of catastrophic accidents. They are a long distance from the that keeps updating our airports across The Government did not listen and went the country. It is over $3 billion. I am ahead. They were wrong and the air traffic mainland, but they are smart enough to exempt themselves from this dan- appalled they would intentionally zero controllers were right. that out, zero out the opportunity to Costs have gone up and safety has gerous privatization scheme. I do not believe the safety of every put Federal funds in there for airport gone down since Great Britain adopted other airport in our national aviation construction programs, to muscle their privatization. Near misses have in- system is any less important than the plan through the Congress. It is not creased by 50 percent and delays have safety at Alaska’s airports. going to happen. increased by 20 percent. Do we want to The White House interfered in our Our economy cannot stand to lose risk near misses in the skies over process and altered language in the any more jobs, and using a continuing America? Do we want to take a chance FAA conference bill so they would be resolution to cancel a program which because we can buy security on the explicitly allowed to privatize some of will provide $3.4 billion in AIP funding cheap? I do not think so, and I am the busiest air traffic control towers in is just irresponsible. going to do whatever I can to prevent the world. It is for this reason that I I hope when we get this bill up my that from happening. and many of my colleagues are not colleagues will work with us so we can The British Government has already going to agree. We are not going to ac- do the right thing. had to bail out the privatized air traf- cept any FAA reauthorization con- I yield the floor. fic control company twice. When is this ference report without language pro- The PRESIDING OFFICER. The Sen- administration going to take off the hibiting privatization of our air traffic ator from Alabama. ideological blinders from its eyes and control system. I am going to fight f learn the lessons taught to our British until the will of the Senate is heeded. MORNING BUSINESS friends? Others have pledged to do the same President Bush himself should be thing. Mr. SESSIONS. I ask unanimous con- quite familiar with the importance of I want to make clear to my col- sent that there now be a period of our air traffic control workforce. Last leagues that we passed legislation to morning business, with Senators per- month, on September 10, the day before prevent privatization of the air traffic mitted to speak for up to 10 minutes the second-year anniversary of the control system. It was bipartisan. each. most tragic attack on our soil, the There were 11 Republicans and the re- The PRESIDING OFFICER. Without President traveled to a fundraiser in mainder Democrats who passed that objection, it is so ordered. Florida. As Air Force One, the Presi- bill. f dent’s airplane, approached for a land- The system is made up of many im- IRAQ ing, air traffic controllers noticed an portant parts, including the air traffic unidentified car on the runway that controllers themselves, those who run Mr. SESSIONS. Mr. President, I want Air Force One was attempting to land the towers, the technicians who have to share a few thoughts. I will probably on. Disaster was avoided because of the the responsibility to certify that the talk about it next week on the supple- quick reaction of those air traffic con- equipment is working, and the flight mental for our activities in Iraq. trollers in Jacksonville. service station controllers who com- I congratulate and will be forthright Despite these lessons, the adminis- municate directly with the pilots as in my support for the military men and tration has pushed hard to privatize they make their way to their destina- women who are serving so extraor- through the contract tower program tion. dinarily well and Ambassador Bremer which has been beneficial to many As FAA conference leaders did not for his leadership in an effort to create small airports across the country. Most abide by the will of both the Senate a new government in Iraq where the

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12434 CONGRESSIONAL RECORD — SENATE October 3, 2003 people can live and progress and have thing. But in salary alone, we could suppose it has been 120 days since that the benefits of progress that have been hire 20 Iraqi police officers for the cost time. It is very disturbing. denied them for so long. of one American soldier there on sal- I went by Walter Reed the weekend I am exceedingly pleased with what ary, not counting the support group before last. I talked to soldiers who they are doing. They are operating at that has to keep that soldier there, not lost limbs, who had been injured and risk, particularly in certain areas of counting the food they have or the re- are rehabilitating. Their spirit was ter- Iraq—at less risk in other areas. tirement benefits or any of those rific. But it does not cause you to lose Progress continues to be made things. So we can probably do 30 or 40, appreciation. It causes you to increase throughout the country. I am proud of maybe 50 Iraqi soldiers for the cost of appreciation for them. I know the Sen- that. 1 American soldier. The price, as I un- ator from Texas has lost soldiers from I was a Federal prosecutor and attor- derstand the salaries for the soldiers Texas. We have lost 10 soldiers from ney general of Alabama. I served in law and police, are not a lot different, and my home State of Alabama since this enforcement for over 15 years. I went run, generally, under $100 a month. war began. I have had the burden of to Iraq in August and asked specifi- This is the right way to go. calling families to express my personal cally to visit the Iraqi police training I had the opportunity when I visited sympathy and the sympathy on behalf center, which I was allowed to do. in Iraq in August to go to the base, the of our country for their service. From the beginning of this effort, it operating base of a military police unit What do we do here? People say let was clear to me that the key to a pros- from my home State of Alabama. They us support our troops. Let us make perous and healthy and stable and were first rate. Over half of them were sure they have the money, but we want peaceful Iraq is the bringing on of a ca- police officers in the State, patrolling to attack this extra money. It is $60 pable police force. State Troopers and sheriff’s deputies billion of this $87 billion for soldiers It is not as easy as you would think. and others. They have real-world expe- and maintaining our military presence. The Iraqi police were functionaries rience. They told me they were patrol- It is $20 billion for reconstruction, under Saddam Hussein. He had a tough ling with Iraqi police officers on a which includes bringing on a military secret police that did the heavy, vi- daily basis. They go to the Iraqi police and a police force. cious work, and he had other police station, they buddy up, and go out and I am going to tell you frankly what who were poorly trained, and many of patrol in that fashion. That is precisely my view is. I believe we need to help them not functioning at the level at what we need to see more of. this country create a new country, one which we would expect police in the There are a lot of reasons for that. that provides opportunities for all United States to function. So it is not Our soldiers, the mere presence of Iraqis to succeed. an easy thing. them, sends a clear message that we Dr. Chalabi was the president last Originally the plan was to bring on a will not allow any organized group to month of the council. They rotate. He smaller police force. I urged them to go assume control or domination over any was here this past week. I note that to a larger police force, and they cer- area of Iraq. some have criticized Dr. Chalabi here tainly are doing that. We now have Really, they are not good police offi- and there. But he has been very effec- 35,000 police up and operating in Iraq. cers because they can’t speak the lan- tive as a leader over there, it appears These are Iraqis. The goal is going to guage. to me. He is outspoken and brilliant. be to double, or more, that number. They may be some of the best police He went to the Massachusetts Institute We also have plans to bring on an officers in Alabama or anyplace in the of Technology. He majored in mathe- Iraqi Army, which is exactly the right country, and they may have been matics. He went to the University of thing. Our numbers were smaller but trained going through the FBI Acad- Chicago and got his Ph.D. in mathe- now we are looking to have a 40,000- emy. But if you can’t speak the lan- matics. He was dean of the American person army. We could go more. I guage, you really can’t be as effective University School in Beirut, Lebanon. would have thought at first glance that as you would like to be. What they are He spent 4 years living with the Kurds we would have a larger army. But the effective at is encouraging and in northern Iraq as he helped to par- truth is, Iraq is not subject and not ex- strengthening the local Iraqi police of- ticipate in the effort to overthrow the pecting and we should not worry too ficers. They are good at training them, evil regime of Saddam Hussein. He was much about an invasion of Iraq. What showing them how to keep records and sharing his vision of how they have al- we have in Iraq is a suppression of pure how to maintain intelligence. They can ready passed laws to allow economic and simple crime—criminals, thugs, provide integrity, courage, and a sense progress to occur. They have already gang members, and that sort of thing. of consciousness that we are going to passed rules that would break down the We have the remnants of a Baathist re- be with those Iraqi police officers who racial traditions. He said they had a gime that is attempting to sabotage a stand for a new Iraq, who put on that law. Saddam Hussein went back to de- new and free government in the hopes uniform, and who go out on patrols in termine racial ancestries to the fifth they can at some point in the future neighborhoods where people know generation and completely wiped them recapture control of Iraq. Then we have them and their families. If they will out. People are going to be given a Islamic extremists, not out of the show that courage and step out there chance no matter what background or heart of Islam but this extremist ele- and do the job, they can be successful religion or ethnic group they are from ment that is slipping into the country and create a country that would be to progress. It is exciting to hear peo- and participating. So this is quite a dif- quite different than they have had be- ple who have been there talk about it. ferent thing than what normally an fore. I know that can happen. I am The key to it is going to be the police. army would confront. really convinced that can happen. One Senator said, well, they are not These comments are relevant because I am pleased that this supplemental very good. Senator KENNEDY said they a large part of the supplemental that has a good deal of money for that. are not effective. I asked our MPs in the President has asked for has been Some Members complain, well, we August about Baghdad. Baghdad is a for the training of police and security don’t mind helping our American sol- tough area. Some of the areas are very forces. The administration, Ambas- diers over there, but we don’t want to peaceful, and things going along much sador Bremer also plans to bring on a spend our money on infrastructure or better than some of the areas in Bagh- substantial number of security forces. police training. dad. There are tough areas. They said: Those would protect sites such as the By the way, the infrastructure We like these police officers. They are oil companies or the electricity or the money includes training for police and working with us. We patrol with them water companies that may be subject soldiers and for deployment of police on a daily basis. One young soldier told to sabotage and may require a different and soldiers. I think that is wrong. me, with no brass around: We bonded kind of training; maybe less training. What we know is this: We know we are with them. I point out these officers are being spending almost $4 billion a month to That is an important concept. paid less than $100 per month. And I sustain our military forces there at At Walter Reed the week before last, suppose for the most part they pay some risk. There is no doubt about it. one of the soldiers who was injured was their own food, rent, and that kind of We have lost 90 soldiers since May 1. I an MP. He is a good-looking young

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12435 man. I asked him some questions. I there exposed. If we stay to back them Ms. MURKOWSKI. Mr. President, I asked him about local police, did he up, we will be able to draw down our ask unanimous consent that the order work with them. Yes. soldiers. And the sooner we can draw for the quorum call be rescinded. I asked: How good were they? What down our soldiers, the better we are The PRESIDING OFFICER. Without he said to me really kind of shocked going to be. That local police force can objection, it is so ordered. me. be the key to stabilizing the country so f He said: That is exactly what Presi- that a new government can be formed— TRIBUTE TO JOSHUA ALEXANDER dent Bush asked me when he came by a free, independent constitutional gov- BOYCOTT here. ernment that provides legal protection The President was at Walter Reed for all. Ms. MURKOWSKI. Mr. President, I and visited with him and asked him I think we can be successful. We have stand before you today to speak of a that question. How are the local police made a commitment as a country. We young man who has touched many of doing? He said: Yes, they are not ready voted in this body 77 to 12 to undertake the lives here in the Senate Chamber. to take over the country right now. this activity. We were told that all It is with great sadness that I rise But he said they are good. There are kinds of bad things would happen. today to talk about a young man from some good ones. He talked about when Some have happened. We lost some sol- Alaska. Alaska and the country lost they went on patrol. One of the Iraqi diers. But we lost fewer than most peo- this young man last week. policeman was at the rear of the pa- ple were predicting. We didn’t have the On Friday, just 1 week ago, one of my trol. They took fire. He returned fire in house-to-house fighting in Baghdad. We former Senate pages, Joshua Alexander an effective and courageous way. He didn’t have the thousands of casualties Boycott, was killed in a car accident in was impressed with him. He said that that many predicted. We didn’t have a his hometown of Fairbanks. It was one he showed discipline and courage under humanitarian disaster. We did not have of those mornings. He was driving his stress. He was impressed. a lot of things that were predicted. But younger brother to school. In Fair- I also had the opportunity to meet the looting that took place exceeded banks at this time of year, winter is the chief of police in Baghdad. He is a anything I imagined. We found out the starting to happen. It was the first very impressive man; a two-star gen- infrastructure in Iraq was far more snowfall, with slippery, icy roads. Ap- eral under Saddam Hussein who made damaged, having had far less updating parently Josh lost control of the vehi- negative comments about Saddam Hus- and improvement in 20 or 30 years of cle and was killed. sein which resulted in him being put in his warring than most people imagined. Josh was one of those young Ameri- jail for 2 years. It will take more money than we cans, those young Alaskans whom we When asked by Secretary Wolfowitz thought. look at and we can identify instantly at one point why he spoke out against So we get electricity turned on in as a young man going places. I look at Saddam Hussein, he said he really that country and have it reliable for the beautiful faces of the young pages didn’t speak out. He was talking to his the first time ever, we get the water who serve in this Chamber. I look at closest friend, questioning him, and it on, a healthy water system, a police each one of them and I see the poten- leaked back to Saddam Hussein and he force, and a continuing strengthening tial and the greatness in each and goes to jail. That is the kind of life of that government. every one of these beautiful young men under which they lived. This man is We will have a new government and and women. Josh had that. courageous. Some say the police don’t we will have been successful in elimi- Josh came to the Senate during the have gumption. But he goes out person- nating a major threat to this world and 2002 fall semester. He was one of those ally on raids. They are doing raids eliminating one of the most despicable who so thoroughly enjoyed what he did every night seizing weapons and arrest- evil leaders this world has seen. I will in the Senate as a page. For those who ing dangerous individuals. put him in the top 10 at any time. Any are not familiar with the routines and Two weeks before I got there, leading person who sees the graves of people rituals of the pages on the Senate a raid late one night, the chief of po- killed by him knows that is true. You floor, it may seem that oftentimes lice—you will not see that much in see the pleasure the people have of see- what pages do is a bit mundane—filling America cities—was out on a raid and ing him gone. It is overwhelming. A glasses of water, standing guard at the was shot in the leg and wounded. He European poll not too long ago said 87 door during the votes, getting lecterns came back to work sooner than he was percent of the Iraqi people did not want for Senators so they may speak, run- supposed to according to the doctors the United States to leave right now. ning errands all over. It is not exactly because he wanted to be there. He We will be able to help them do intellectually challenging, high-pow- wanted to show his commitment and something special, create a better life ered stuff. But Josh enjoyed every bit wanted to get the work done for Iraq. for that area of the world, and in the of it. He would stand there and open Subsequent to my return, there was a long run that will be a magnificent ad- the door with a big smile and a ‘‘Good bomb attempt to kill him. vantage to us. We do not want to take morning.’’ It was not just to me, his There is a tough, dangerous group over their oil or their land or dictate Senator from Alaska, it was to every out there. How do you get them? We religious faith. We simply want them Senator who came through. He was so are not going to get them with rolling to progress, to be successful, to create thoroughly enjoying being part of the tanks down the street. We are not a good government so their people will process. He was well liked by the other going to get them with armored vehi- be able to live in peace and harmony. pages with whom he worked. He did ex- cles on the streets with Americans who That is our goal. It is a great goal and ceptionally well in the page school. really become targets. We are going to worthy of the United States. Again, the pages certainly know the get them by utilizing intelligence from This supplemental is critical. I am a routine they have to deal with on a individuals. We are going to utilize in- frugal Member of this body. I am proud daily basis: Very early morning hours, dividual police officers who are Iraqi of the Watchdog of the Treasury attending page school, full, long days, citizens, who believe in a new Iraq, who Awards I get. I watch closely how we attending to their duties here in the are willing to step up and be counted, spend money. But right now, let’s do Senate Chamber. And then in the and who can change that country for- the right thing. Step up the effort to evening, it is not as though you have ever. create a stable Iraq, step up the time- the night off and can go do what you It is an exciting thing out there. I table of bringing our troops home, and want; it is time to study and do all particularly wanted to share my help step up the time the people of Iraq that is required of you. It is an ex- thoughts today. can have a decent government. tremely rigorous schedule, but there I do not agree with the comments of I yield the floor. were no complaints from Josh. He was the distinguished Senator from Massa- I suggest the absence of a quorum. thriving on it because he was doing ex- chusetts who suggested that the police The PRESIDING OFFICER (Mr. actly what he wanted to do. in Iraq are not effective and can’t do SUNUNU). The clerk will call the roll. The last time I saw Josh was in late the job. No, we shouldn’t walk away The legislative clerk proceeded to July. He was one of two Alaskans se- from that. We shouldn’t leave them out call the roll. lected to attend the American Legion

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12436 CONGRESSIONAL RECORD — SENATE October 3, 2003 Boys Nation, a conference at Senate Chamber now for over 6 program, the program that originated Marymount University just outside of months. All the Senate pages look in our Congress that reaches out to Washington, DC. After the conference alike—in terms of their dress, that is— children predominantly run by States, ended, he came up to my office to say yet Josh had distinguished himself. or if one is not in a Government pro- hi to everybody because he made great So it is with great love and respect gram or not in the private program and friends here. I was fortunate enough to that we pay tribute to this fine young thus uninsured? What are you doing, be having a party for my summer in- man and to his family during this time Senator FRIST, and what will you do? terns at my home that night. We were of mourning. This week, the Census Bureau con- having a barbecue at the house, so I in- Mr. President, I suggest the absence firmed what many of us felt and feared, vited Josh over to join us. He fell right of a quorum. and that is that the number of people in with this group of new Alaskans he The PRESIDING OFFICER. The without health insurance increased hadn’t met, but by the end of the clerk will call the roll. last year to over 43 million. That is evening it was obvious everybody en- The legislative clerk proceeded to about one out of every seven Ameri- joyed him as much as I had. It was a call the roll. cans under the age of 65. That rep- wonderful conversation. We were talk- Mr. FRIST. Mr. President, I ask resents a 5.7 percent increase over 2001. ing about what it is he wanted to do unanimous consent that the order for So the uninsured number is increasing, when he grew up, where he wanted to the quorum call be rescinded. and there are a lot of reasons why. We go next. He actually had aspirations of The PRESIDING OFFICER. Without have talked in our various conferences attending my alma mater in Wash- objection, it is so ordered. and committees and debated why that ington, DC, which is Georgetown. Josh f number is increasing. One can parse was in the process of applying to the PRESCRIPTION DRUG BENEFIT the statistics and numbers and say university. that is how many do not have insur- What he really wanted to do was re- Mr. FRIST. Mr. President, health ance over a period of time, and 6 turn to Washington, DC, to continue care affects each of us in very personal months later many of them will have his passion for politics. He had seen so ways. As a physician, but also being insurance. much, he had observed so much, and majority leader, people will come to Putting all that aside, I argue that was so stimulated by what he saw me and ask: What are you doing about the uninsured are among the greatest around him that he wanted to come this particular health care issue? It health care challenge we have in the back and make a difference. I have no might be a senior who asks: Why don’t United States of America today. Thus, doubt that were he able to, he would I have access to prescription drugs as I I believe we have a real obligation not have done just that. did when I was 60 years of age and em- to say we have so much else going on In addition to being a great young ployed by a company, and all of a sud- that we cannot address that but that man everybody liked, he was a great den it disappears when I go into Medi- we do have really a moral obligation to student. He was at the top of his class, care? address this issue of the uninsured and ranking 15 out of 262 seniors. He scored That is the type of question to which to do it in a systematic way. over 1500—actually, 1510—out of a pos- this body has responded and, indeed, we As I mentioned before, very much of sible 1600 on his SAT exam. He was an have passed a prescription drug benefit our focus has been on Medicare today. incredible singer. I had the privilege of appropriately coupled with health I will mention shortly some of what we being serenaded, if you will, by his care—Medicare specific—moderniza- have been doing with regard to the un- singing choral group in Fairbanks. I tion, in the sense that it brings the insured, but there is still a lot we need looked over and said, wait a minute, Medicare Program up to today’s stand- to be doing. If we step back and look at don’t I know that boy from some- ards, the type of health care to which our economy, although the economy where? It was during the summer other people have access. itself is improving—and maybe not as months. He left DC as a page and he We are addressing in the conference quickly as a lot of us would like, but was then back in Fairbanks. I looked between the House and the Senate this the economy is getting better each over and I thought, wait a minute, that Medicare prescription drug package. day—in spite of that, the budget pres- is Josh. What is he doing singing like a We had two meetings today with the sures at the State level and the job bird. It was beautiful, just gorgeous. various conferees, in a bipartisan losses from last year combined in a Josh was a dynamic young man, a way—the House and Senate together very complex way to increase the num- gifted young man who had a future working through the details of ber of uninsured to 43 million people. that I think we can look to and say he marrying the House and the Senate To me, this is one of the most daunting was making a difference. It is a tragedy bill. I am absolutely confident that health challenges—I would say it is Josh’s life was cut short. He was truly under the leadership of Chairman Bill even beyond health policy challenges— an extraordinary young man who Thomas in the House and Vice Chair- that we have affecting our Nation. brought so much joy and so much man Chuck Grassley in the Senate that I say that in part because of personal pleasure to everybody who was around this conference will deliver a bill in Oc- experience. I have had the opportunity him. I personally feel blessed to have tober that will accomplish that goal of to treat Medicare and Medicaid pa- known him, to have been able to share health care security and access to pre- tients and the uninsured through the some of his short time with him. I ask scription drugs for all seniors. transplant program in which I had the that we remember his friends, and par- People also ask me: What about opportunity to participate in Nash- ticularly his family, who are grieving those people who do not have access to ville. Both in the acute care and in the for this loss at this particular time. health insurance, those people who are chronic care, it is obvious that if one But as we reflect on the life and con- not in Medicare at all? Medicare is our has no health insurance, no help with tributions of a young man such as Josh program for seniors and individuals being able to access health care with a Boycott, I suggest all those who are with disabilities. What about those lowered financial burden, one’s quality able to serve us here as pages in the who are not in Medicaid, which is our of health care suffers. It is not as good Senate look at this as a gift, an oppor- unique Federal-State partnership as the health care of people who have tunity to be in a place of service, to be through which health care is delivered some type of insurance, private sector in a place where you can learn, and you for the underserved and the impover- or public insurance. can give back so much at a later point ished or poor of the Nation? What if The uninsured are four times less in your life. one is not in an employer-sponsored likely to receive dental care and nec- So, again, I am blessed to have plan as I mentioned? essary medical care. They are five known Josh. I know many in this Most people who are not in Medicare times less likely to obtain prescription Chamber feel the same way. I men- and Medicaid, the overwhelming ma- drugs. They are four times more like- tioned yesterday in the cloakroom that jority get their health care through ly—and this really makes sense—to ac- I was going to be speaking about Josh, employer-sponsored plans. What if cess the emergency room for routine and everyone in the cloakroom remem- somebody is not in one of those plans care rather than the more efficient, bered him. He has been gone from the today? What if one is not in the SCHIP and arguably more effective, channels

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12437 of being able to see a physician or go to gions, and we know the vital role they have, that if there is harm and injury a doctor’s office. play in reaching out to the underserved there is just and fair compensation, but The lack of affordable health care is or those without health insurance the purpose for that is to get rid of the also one of the key factors that affects today. unnecessary lawsuits, the excessive what we call health care disparities I say we all know, and I say that in lawsuits that drive up the costs of among the underserved or minorities part because I have been so involved in health care that ultimately are passed themselves; that is, where a person of health care issues, being a physician, on to patients, driving up the cost of one race has different health care out- but I think we need to shine a light on health insurance for everybody. Mean- comes than those of another race or them. They serve a tremendous need ing, if you don’t have sufficient re- one socioeconomic level versus another and respond in an innovative, flexible sources, you simply give up your socioeconomic level. It does not ex- way that is locally driven, which is health insurance or you can’t get it in plain it all, but it is clearly one of something that cannot be praised the first place. Again, it is an impor- those variables we can affect, and we enough. tant part of the President’s initiative, have to do it in a coordinated way be- Second, as I said, many people get as well as our own initiative on this cause our health care system in Amer- their insurance through Federal pro- floor. For my colleagues, I will say we ica, which is the best in the world, no grams or joint Federal-State programs. will keep coming back to address this question about it, overall health care There is a program called SCHIP. Basi- whole issue of medical liability. in the United States is of higher qual- cally when you hear SCHIP, think The cause of 43 million people who ity than anywhere in the world. health care for children. In July, the lack insurance today is difficult to If we do look at the numbers that Senate fulfilled the President’s request characterize, in terms of a generaliza- were released this week, they were a to extend the availability of $2.7 billion tion. It does take a targeted approach year old, and since they were com- in Federal SCHIP funds that either ex- to identify who the 43 million people piled—because they are historical data, pired at the end of 2002 or will expire in are and then target specific approaches being a year old—the economy has im- the current fiscal year. These funds to them. Therefore, it has to be com- proved over that year, and indeed al- will be available to allow States to prehensive but it is also very complex most all economists expect that, de- continue the program without which, if by its very nature. pending on how one looks at the statis- we had not acted, as many as a million I think the tone of a lot of the debate tics, we will have annualized growth of children would have lost health cov- today on the uninsured has been polar- nearly 4 percent in the coming months. erage. That has now become law. izing. Because of that polarizing frame- It may go higher than that and come In addition, in terms of looking at work, a lot of people have been hesi- back down a little bit, but we will have what we are doing, focusing on this tant to put it out front and to put an good, significant growth in the coming whole issue of the uninsured, if you agenda out front. I wish to share with months. look to the jobs and growth package, my colleagues my commitment to Indeed, the Associated Press this the 2003 jobs and growth package that work to find workable solutions to a week reported: we passed—people always talk about problem that is increasing, a problem America’s consumers, flush with tax cuts the tax cuts, tax relief which is so in- that directly affects the health care of that left them with extra cash in their wal- strumental in pulling us out of this re- lets, ratcheted up their spending by a strong 43 million but indirectly affects the .8 percent in August, helping to power an cession and stimulating our economy, health care, really, of us all. economic resurgence. but in there as well was $20 billion in In that regard, I have asked Senator So I think we are seeing improve- fiscal relief that goes directly to the JUDD GREGG, our colleague from New ments in our economy. That is only States, and about $10 billion of that Hampshire, to lead a Senate Repub- just beginning to be reflected in jobs. was specifically targeted at enabling lican task force on uninsured and ac- We did have encouraging news earlier the States to maintain gains they had cess to affordable health care coverage. this morning from the Labor Depart- made in health care for the poor I have asked Senator GREGG and his ment that U.S. companies show a net through their Medicaid Programs task force to propose a series of rec- increase of 57,000 jobs. That is good through a tool or through the tech- ommendations to address the unin- news for the economy, but also that is nique of the enhanced Medicaid Fed- sured issue so we can both debate, dis- good news overall for health insurance eral match rate. That is the technical cuss, and through committees but also or medical insurance. Why? Because way of saying the Federal Government, on the floor attack this problem head most Americans in this country get in an enhanced way, helps the States on. their health care through their em- with funds that go directly to the The task force will be looking at all ployer, through jobs. Thus, as we grow State. options, including new ideas. I look at the economy and add jobs to the econ- I mentioned those two or three exam- it as a place that ideas can be brought, omy, we do have an expansion in med- ples because it is important for our col- that we can debate and discuss, and ical coverage. leagues and others on the other side of hopefully we will look at many of the While the recovery takes hold, it is the Capitol, in the other body, and ideas that have been proposed in the clear that we have an obligation to re- really our constituents, to understand past but also reach out and obtain new spond with policies and that as we look that we in the Senate are addressing ideas, creative ideas, ideas we may not at the future agenda in health care, we the issues of the uninsured. President yet have thought about or that we need to focus on the uninsured. Bush has made tax credits, what we haven’t addressed in the past. Some of what we are doing now in call refundable tax credits for low- and I do intend to take these rec- this body, in response to what we rec- middle-income families, a major part ommendations and use them as a basis ognize is a major problem and one that of his proposal to address the issues of in establishing a legislative agenda so is growing, are the following: Last the uninsured and to expand health we can on this floor systematically ad- month, the Senate passed the Labor, coverage. He also has consistently sup- dress the issue of the uninsured. Health, and Human Services appropria- ported medical savings accounts and In closing, I appreciate Senator tions bill. In that bill, we had $1.6 bil- promoted the expansion of medical sav- GREGG’s willingness to take on this lion for community health centers. We ings accounts in other ways that can task. I look forward to working with met the President’s request for an ad- offer affordable health care options to him and his task force in addressing ditional $122 million in funding over those who might not have insurance this pressing issue. I am confident that last year, which was an increase over today. out of this task force we will get new last year. This response by this body The President and we, or many of ideas, innovative thinking, dynamic enables us to move toward the Presi- us—about half of us; not all of us—in ideas that will allow us to deliver real dent’s goal of enabling community this body continue to fight hard for solutions to the American people who health centers to serve an additional 6 medical liability reform, medical liti- do not have health insurance today. million patients by the year 2006. gation reform, malpractice reform. The I yield the floor. We all have community health cen- reason for that is not to in any way The PRESIDING OFFICER. The Sen- ters in our States, districts, and re- jeopardize the very good system we ator from Oregon.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12438 CONGRESSIONAL RECORD — SENATE October 3, 2003 Mr. WYDEN. Before he leaves the for rehabilitation and reconstruction of Of course, I think our citizens would floor, I say to the distinguished major- Iraq. want to know what profit was made on ity leader how much I have enjoyed For those who are following this dis- these deliveries. working with him over the years on cussion, this is under the question of The Houston Chronicle also reported this issue of health care. As he knows, the purchase of oil products at page 29 that in Iraq the low-octane govern- Senator HATCH and I have worked for of the request for the supplemental. ment-subsidized gasoline sells for less many months on a bipartisan proposal I want to begin asking some ques- than a dime a gallon. that we would like to be part of the tions about the fairness of this Bush I ask unanimous consent that the ar- discussion he is going to launch. I have proposal and about how this subsidy ticle from the Houston Chronicle enti- come to the conclusion that, as press- program that is in this report would tled ‘‘U.S. Taxpayer Footing Bill for ing as the financial issues are with re- work if it was actually to be funded by Cheap Iraqi Gasoline’’ be printed in the spect to health care, the social and eth- the Senate. RECORD. There being no objection, the mate- ical issues are going to be even more Today I also intend to send a letter rial was ordered to be printed in the important as we face this demographic to the President trying to get answers to some of these questions. But I would RECORD, as follows: tsunami of millions of baby boomers [From the Houston Chronicle; Sept. 28, who are retiring in 2010 and 2011. So I tell the Senate that here is what we 2003] am grateful the majority leader con- know at present. U.S. TAXPAYERS FOOTING BILL FOR CHEAP tinues his interest in health care. The Bush administration has in- IRAQI GASOLINE I continue to have a bipartisan inter- cluded in its Iraq supplemental funding By Michael Hedges est in working with the majority lead- request an estimated cost of $900 mil- BAGHDAD, Iraq.—Mahmoud Ali, a gap- er, who has spent so much time on lion to cover the difference between toothed 15-year-old, worked steadily under a those issues over the years. I know I ‘‘Iraqi demand and refinery production penetrating sun at his rather monotonous speak for Senator HATCH in this regard to establish and maintain a 30-day re- job outside the large Mansur filling station as well. serve in all major petroleum products here. to ensure no interruption in basic serv- Taking turns with his two uncles, Ali wait- We have to break the gridlock on this ed in line in the family’s 1982 Chevrolet to issue. Literally for 60 years, if you look ices due to terrorist activity.’’ get a tank of cheap gasoline, which the at the parallel between what Harry The administration’s funding request locals call benzene, at the station subsidized Truman tried in the 81st Congress in specifies: by the Iraqi Oil Ministry. 1945 and what was tried in 1993 and up $600 million will be needed in the first After filling up the faded white Chevy, the to this day, we see, unless we find a quarter of 2004 to compensate for the large men pulled the vehicle to a curb. There, they siphoned the fuel into 20-liter plastic jugs to way to take a fresh approach, as the difference between demand and production and to build this 30-day reserve. sell at triple the posted price to other drivers distinguished majority leader said too frustrated to wait in the lengthy lines. today, we are not going to break this The first question is, How much is Then, one of the men drove the Chevy back gridlock. going to be spent on creating this re- to the line to sweat it out until another full So I welcome your statement today. serve, and how much is going to be tank of fuel could be secured. I am anxious to work with you and the spent on purchasing gasoline for Selling fuel at three time its state-set Iraqis? Using demand data from the price about 100 yards from a line of 14 work- chairman of the committee, Senator ing pumps would be a hard dollar to earn in GREGG, to pursue these proposals. Energy Information Agency’s latest re- another economy. Mr. FRIST. Mr. President, just brief- port on Iraq and current market condi- But it works here in Iraq, because the low- ly responding through the Chair, I very tions, it is estimated the establishment octane, government-subsidized fuel sells for much appreciate those comments be- of a 30-day fuel product reserve would less than a dime a gallon. Even working- cause, just as we have done with Medi- cost approximately $200 million. If that class Iraqis earning a few dollars a day are amount is correct, that would mean willing to pay outrageous mark-ups to avoid care, it is going to take strong bipar- the line. tisan support to get good, effective leg- roughly $400 million would be spent to ‘‘Benzene is cheaper than water here,’’ islation through. purchase gasoline and other petroleum local journalist Qais Al-Bashir said Friday. Second, the point about why now products for Iraqis in the first 90 days What it is costing American taxpayers is versus 10 years ago, 20 years ago, or 30 of next year. Iraq is importing about another story. 750,000 gallons of gasoline a day, ac- Since the fall of Saddam Hussein’s regime years ago—I agree wholeheartedly. We last April, Iraq’s resuscitated oil industry have this huge demographic shift that cording to recent statements by senior has been unable to produce enough gasoline, didn’t occur 10 years ago or 20 years oil ministry officials. cooking oil and other petroleum products to ago or 30 years ago or 40 years ago, Based on those statements, Iraq meet the country’s needs. that we are realizing right now. It would need about 67.5 million gallons So far, U.S. taxpayers have spent some $562 gives us a perfect reason for all of us to during the first quarter of 2004. If that million under the Halliburton contract to come together to address these prob- estimate is correct, U.S. taxpayers bring in gasoline and other fuels and make would be paying almost $6 per gallon needed repairs to Iraq’s gas distribution net- lems—the uninsured is a major one for work, according to the Army Corps of Engi- both of us—in a way that may be unfor the gasoline that is provided to neers. In fact, that effort has accounted for precedented, at least in the last 10, 20, Iraqis by the United States in the first nearly half the $1.22 billion worth of work or 30 years. quarter of 2004. that Halliburton has performed in Iraq since I very much appreciate those com- The question I ask today and in the the war. ments and look forward to working days ahead will be: Why does it cost $6 ‘‘The benzene we sell here comes from Tur- with my colleague. per gallon to provide gasoline to Iraqis key, Kuwait and Saudi Arabia,’’ said Majed when the cost in neighboring countries Mohammed, 44, who manages the Mansur f station for the Iraqi Oil Ministry. such as Saudi Arabia and Kuwait is IRAQI GASOLINE PRICES ‘‘Before the war,’’ he said, ‘‘ it was 100 per- less than $1 per gallon and below the $2 cent from Iraq. But now we have problems Mr. WYDEN. Mr. President, I come per gallon cost almost everywhere in with sabotage of the pipelines. The refineries to the floor this afternoon because I our country? are working at far less than capacity.’’ am troubled by what appears to be a According to an article in the Hous- Mohammed, who has worked for the Oil request by the Bush administration in ton Chronicle on September 28, the Ministry for 21 years, said artificially low fuel prices are nothing new to his country. the Iraq supplemental that would have United States has already spent hun- ‘‘The cost is subsidized by the ministry,’’ our citizens use their hard-earned tax dreds of millions of dollars to provide he said. ‘‘It was like that before the war dollars to subsidize the cost of gasoline gasoline to Iraq under the contract pre- when Saddam was here, and it is the same in Iraq so Iraqi citizens would only viously issued with Halliburton. My now. We are obliged to do it because of the have to pay 10 cents a gallon. question here would be: What is the needs of the people. If we didn’t, there would The questions I am going to raise cost of gasoline that has been sent to be major problems and even more anger at the Americans.’’ this afternoon with respect to this pro- Iraq by the United States? What was Iraq is importing about 750,000 gallons of posal can all be found essentially on the wholesale price involved here that gasoline a day, according to recent state- page 29 of the report with respect to Halliburton paid for the gas sent to ments by senior Oil Ministry officials. Ex- the request for the supplemental funds Iraq at taxpayer expense? pectations by the Bush administration that

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12439 oil could fund the massive rebuilding of the ‘‘It is illegal, but no one bothers with being used at a time when in my State, country—or at least the needs of its people them,’’ shrugged Mohammed, the Mansur with the highest unemployment rate in in the immediate future—have not been met. station manager. the country, there is a world of hurt. On Friday, business was slow as Ali and his Iraq’s oil output is less than half the pre- I urge my colleagues to take a good war level of 2.3 million barrels per day and uncles offered large plastic jugs of fuel for only about one-third the 3.2 million barrels sale. look at this proposal because I intend produced by the nation before the 1991 Per- ‘‘It is always slow like this on Fridays, be- to focus more on it when the Senate sian Gulf War and the subsequent United Na- cause it is the holy day,’’ Ali said. ‘‘But we’ll comes back after having the oppor- tions embargo. be back tomorrow. We always do well on Sat- tunity to be home and gather with the Experts differ on when Iraq’s fuel produc- urdays.’’ people we represent. tion capacity will reach 1990 levels. The Coa- Mr. WYDEN. Mr. President, my ques- I yield the floor. lition Provisional Authority, which oversees tion flowing from what we have learned I suggest the absence of a quorum. the U.S.-led occupation, has said that pro- and the various issues we have been ex- The PRESIDING OFFICER. The duction could reach 3 million barrels per day by later summer of 2004. Private analysts ploring throughout the days since we clerk will call the roll. have said it could take at least a couple of learned about this is, Were U.S. tax- The assistant legislative clerk pro- years to reach that level. payer funds spent to keep the cost of ceeded to call the roll. For the foreseeable future, the occupation gasoline in Iraq at this heavily sub- Mr. FRIST. Mr. President, I ask authority will have to spend massive sidized low price? unanimous consent that the order for amounts to underwrite the fuel used by I am of the view that our taxpayers the quorum call be rescinded. Iraqis. And conservation seems unlikely in a deserve to get answers to these ques- The PRESIDING OFFICER. Without country where decades of cheap gasoline tions. I think we deserve to get them objection, it is so ordered. have created a culture in which driving around in aging, fume-spewing cars is seen as before Congress votes on the Bush ad- f ministration’s funding request. a form of recreation. CHARITABLE CHOICE ‘‘Iraqis always loved to drive, and there are I can tell my colleagues in the Sen- more cars than ever now—cars from Kuwait ate that when I read page 29 of this Mr. FRIST. Mr. President, in April of and Jordan that have come in since the particular report with respect to oil this year the Senate passed, with an war,’’ said Mohammed, the Mansur filling products purchased, I was very con- overwhelming vote of 95 to 5, a bill station manager. cerned. My citizens and the folks I rep- called the charitable choice bill. It is Even on Friday, the Muslim holy day, lines resent in the Pacific Northwest con- obviously bipartisan legislation that formed at the city’s fuel stations. ‘‘We used to be open 24 hours a day before sistently pay some of the highest gaso- was shepherded through this body by the war, so there were no lines,’’ Mohammed line prices in our country. Oregon, Senator SANTORUM, and a lot of work, said. ‘‘Now we have a curfew, and people Washington, and California have been over a long period of time, has been put don’t feel safe to wait in line after dark be- very hard hit with respect to gas into the efforts for passage of this leg- cause of the explosions.’’ prices. It amounts to a quasi-monopoly islation. The 10-person staff at the Mansur station in 27 States in our country. We have Two weeks ago, the House of Rep- provides its own security, and a stack of AK– red lining. We have zone pricing, and a resentatives passed its version, H.R. 7, 47s is kept handy in the main office. by a vote—again, it was over- Not all the city’s fuel stations are owned whole host of anticompetitive prac- and operated by the Oil Ministry, though tices. Now we have outlined on page 29 whelming—of 408 to 13. none is a truly private business. of this request for supplemental funds The regular process of the House and Meqdam Abdullah, 30, runs a station near what appears to be a request from the the Senate is that the bill will proceed the Sheraton Ishtar Hotel in central Bagh- administration to have the hard-earned to a conference on the differences be- dad that his family leases from the Oil Min- tax dollars of our citizens go to sub- tween these two bills. Unfortunately, it istry. In exchange, officials sell fuel to the sidize the cost of gasoline in Iraq so is my understanding that we will be station at a slightly reduced price. By aver- Iraqi citizens will only have to pay 10 unable to reach an agreement today, aging sales of more than 100,000 liters a day, this afternoon, before adjourning to go the station ekes out a small profit, Abdullah cents a gallon. I can tell my colleagues said. there are people we represent here in on break, to appointment conferees on But it is a tough business. During the war, the Senate who are not paying that the part of the Senate. the station got caught in a firefight between kind of money. There is, simply put, an objection on U.S. soldiers and armed looters, as evidenced That is why I want to get the details the other side of the aisle, and with so by patched bullet holes. on this proposal. I am amplifying on many Members who have left for the Since the war ended, thieves have struck the questions I am asking today in a day, I will not ask for a formal consent more than once, taking, among other things, agreement. But clearly, I am dis- the station’s generator that is needed to letter to the President of the United produce electricity. Abdullah’s family had to States. We also come away with a con- appointed that we were unable to take pay the looters to get the generator back. It cern that the administration seems to the next logical regular order step in was a necessary expense, because officials be willing to support creating a reserve finishing this bill. I do hope we can provide electricity to Baghdad in sequences in Iraq to protect Iraqi citizens against clear this agreement with my Demo- of three hours on, three hours off. interruptions in gasoline and diesel cratic colleagues just as soon as we re- Like many other Iraqis, Abdullah said the fuel supplies when there is no gas and turn from this nonlegislative period. failure of U.S. authorities to provide secu- diesel reserve in the United States to Another disappointment for me, as rity is his biggest complaint in the post-Sad- we prepare to adjourn, has to do with dam era. The lack of consistent electricity is protect our citizens in the event of ter- the second. rorist activity or other disruptions. the partial-birth abortion ban bill—dis- He attributed the sporadic power to some This proposal in the report which I appointment that we are not able to inscrutable form of manipulation similar to have outlined and referred to specifi- progress with the legislative process the times, he said, that Saddam cut off fuel cally so that colleagues can see it until we get back. When we do return, to disfavored minorities. raises some very troubling questions. I will seek an agreement for the consid- ‘‘America,’’ Abdullah said, ‘‘is the world’s Given what we already know now eration of the conference report to ac- great superpower, and it can’t get the elec- that the administration has included in company S. 3, the partial-birth abor- tricity back? I can’t believe that.’’ The generator briefly failed at the service its Iraq supplemental funding request tion ban bill. In fact, it is S. 3 which station on Friday. Ironically, dirty fuel pro- an estimated cost of $900 million to shows the priority of this body toward vided by the government because of poor re- cover the difference between Iraqi de- this important legislation. fining was believed to be the cause, Abdullah mand in refinery production to estab- Yesterday the House of Representa- said. lish and maintain this reserve due to tives passed the conference report, and For a while, the station was quiet. But as possible terrorist activities, I think it as soon as we get back, we will be the generator sputtered back to life, cars im- is time for the Senate to take out a scheduling it for consideration. The mediately veered into the lanes besides the sharp pencil and review this proposal bill passed the Senate on a bipartisan pumps. The only types of gasoline transaction not very carefully. I think it raises funda- vote of 64 to 33. With the conference largely controlled by the Oil Ministry here mental questions with respect to fair- complete and with the House having are the bootleg operations like those of Ali ness and with respect to how the hard- passed the agreement, it is imperative and his uncles. earned tax dollars of our citizens are that the Senate consider this measure

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12440 CONGRESSIONAL RECORD — SENATE October 3, 2003 in short order so the President can sign delivered an impressive address at the ities. The strength of the system that con- this legislation into law. Kennedy Center last month. trols decisions and compromises became As I watched yesterday with the His remarks emphasized the funda- clear over time, and expectations of success House completing their responsibilities mental importance of the arts in our had to be tendered with failure relating to these realities. But still, you feel fortunate on this legislation, I was hopeful that public policy, as an essential expres- to have access to the ears that made deci- we could do that, pass it today. Why? sion of our freedom and as an indispen- sions. Because this is a bill that I believe will sable part of our national imagination Even though you knew that celebrity was save lives. It is a ban on a procedure at its best. maybe a door opener, it nonetheless cuts that offends the sensibilities of almost The unfortunate reality today is that both ways in politics. Like the time I was on all Americans, a procedure that the when the economy suffers, support for the Presidential campaign trail and speaking to thousands of kids on a college campus will of this Congress said to ban, and a the arts and for arts education is reduced. In communities across the Na- about the importance of their vote and envi- bill the President will sign. Yet we will ronmental issues. In the roar of their con- not be able to, at this juncture, con- tion, funding for the arts and for cul- nection with what I was saying, I thought for sider it until we get back. tural programming are facing serious a moment ‘‘I’m really getting through here!’’ I know discussions have begun on reductions. Robert Redford’s address Then I walked off stage and immediately a both sides of the aisle as to how much reminds us of the unacceptable price reporter stuck a microphone in my face and debate time will be needed. I encourage we pay for neglecting the arts. said, ‘‘Who do you think is better looking, Today, Robert Redford is an Amer- you or Dan Quayle? members to move quickly on what we So, just when you might be feeling your expect to be the final action—the final ican cultural icon, and his accomplishments as an actor and director are re- oats, reality has a way of sneaking up and action—on this important priority. I putting it all in perspective. But as a citizen will speak directly to the issue as soon nowned throughout the world. His ad- and an artist, I try to remember that it is a as we return, but I wanted to put my vocacy for the arts is less well known, right and responsibility to be able to partake colleagues on notice that we will be but he deserves great credit for his im- in the process of democracy I’m here today moving forward and will be scheduling pressive leadership and dedication in because of my belief that art is a great translator of that which is both familiar and this conference report for Senate ac- elevating the national debate on this vital issue. Many of us feel it is his fin- unfamiliar and that it is through art that we tion as soon as we possibly can. est role of all. can come to know ourselves and others. To f At the beginning of his lecture, me, the vitality and insight which art brings speaking of his own early years, he to civil society is more important now than KURT DODD ever. Mr. BYRD. Mr. President, as the says: I grew up in a time when democracy was ranking member of the Committee on I grew up in a time when democracy was taken for granted since it was drummed into Appropriations, it is my sad duty to in- taken for granted since it was drummed into our minds as a fundamental definition of our minds as a fundamental definition of America and why it was great. I was shaped form the Senate family of the passing America and why it was great. I was shaped by WWII and a time when we were all united this morning of Kurt Dodd. Kurt served by WWII and a time when we were all united in its purpose—unlike conflicts of today. Be- as the Democratic clerk on the Interior in its purpose—unlike conflicts of today. Be- cause times were tough, and my family fi- and Related Agencies Subcommittee cause times were tough, and my family re- nancial resources slim, we didn’t have fancy from 1998 to 2000. sources slim, we didn’t have fancy toys or toys or luxuries and had to be creative in in- Those of us who knew Kurt, and par- luxuries and had to be creative in inventing venting worlds of our own. My imagination ticularly those of us who were lucky worlds of our own. My imagination was my was my most valuable commodity and enough to have worked closely with most valuable commodity and thankfully it thankfully it became a life force for me at a became a life force for me at a very young very young age. I saw the world around me Kurt, will truly miss his gracious manage. I saw the world around me not only as not only as it was. I saw the world around ner, his soft-spoken style, and his pro- it was. I saw the world around me as it could me as it could be. Art and the imagination found dedication to duty. I have said be. Art and the imagination that give it life that gave it life became my closest compan- on many occasions that the individuals became my closest companions. ions. who hold staff positions here in the Before anyone was much interested in Before anyone was much interested in Senate are, in my opinion, some of the what I had to say, they were interested in what I had to say, they were interested in what I created. As a kid, I remember sketch- smartest, most dedicated individuals in what I created. As a kid, I remember sketching everything in sight. My parents and their ing everything in sight. My parents and their government service. Kurt Dodd stood friends played cards and I began drawing friends played cards and I began drawing at the head of that line. No one knew them as a group, individual faces and the them as a group, individual faces and the more about his areas of responsibility like. Then I moved under the table and began like. Then I moved under the table and began than Kurt. No one was more responsive sketching their feet at which point I think sketching their feet at which point I think to the needs of the Members of our everyone started to worry. Even though they everyone started to worry. Even though they committee than Kurt. And no one was thought I was a bit weird, I got attention though I was a bit weird, I got attention and encouragement for my ‘‘art’’ at a young age. more widely respected for his integrity and encouragement for my ‘‘art’’ at a young age. While I was a poor student academically, I and honor, than was Kurt. shined in sports and in art and my third Mr. President, on behalf of the Com- His lecture will be of interest to all grade teacher was next to recognize that art mittee on Appropriations, and I am of us in Congress and I ask unanimous was a legitimate means of expression for me sure on behalf of the entire U.S. Sen- consent that it be printed in the as I struggled with more traditional ap- ate, I send deepest condolences to RECORD. proaches. I remember she had me come to the front Kurt’s family. There being no objection, the material was ordered to be printed in the of the room and draw a story on this big pad f of newsprint on an easel. I think we were RECORD, as follows: THE 16TH ANNUAL NANCY HANKS studying English and she used it as a basis to REMARKS OF ROBERT REDFORD AT THE AMERI- make a point. The whole class seemed to get LECTURE ON ARTS AND PUBLIC CANS FOR THE ARTS’ 16TH ANNUAL NANCY it and all learned a little about sentence POLICY HANKS LECTURE ON ARTS AND PUBLIC POL- structure and storytelling in away that en- ICY Mr. KENNEDY. Mr. President, each gaged and made sense. I didn’t know what I’ve been coming to Washington, D.C. for year, a prominent member of the Na- ‘‘it’’ was that they got, but it sure felt good. the past 30 years, either filming here, as was My teacher’s encouragement of my artistic tion’s cultural community is invited to the case in All the President’s Men, or for tendencies continued, making me realize art deliver a lecture on the role of the arts lobbying efforts on behalf of issues relating was something legitimate to pursue and that in the public policy. These annual lec- to the environment, energy, human rights it was integral to how I was finding my way tures are tribute to the memory of and art. In the beginning, it was a heady ex- in this world and making sense of things. If Nancy Hanks, who served as chair- perience to be in the halls of power sur- not for this, I may have taken a path that person of the National Endowment for rounded by history and event, feeling what it wasn’t as fulfilling and productive. That’s the Arts from 1969 to 1977, and who had is like to be an integral part of a democ- the main reason I’m here, to pay tribute to racy—particularly if you were fortunate the work that so many of you do every day, the wide respect of all of us on both enough to move someone on an important to keep art alive in schools and in commu- sides of the aisle. issue. nities all across the country. Robert Redford was honored as this In time, you experience changes in polit- Being in this hall tonight prompted me to year’s Nancy Hanks Lecturer, and he ical climates, different attitudes and prior- remember some of the writings of President

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12441 John F. Kennedy. I became reacquainted Government support for the arts is not the versal communicator on a global platform. with a speech he gave in 1963 at Amherst Col- frivolous give-away that some would have Film is an indigenous American art form lege where he paid tribute to the American you believe. It’s a good investment and it is even though it’s always been a struggle to poet Robert Frost, and reflected on the value sound economic development. Art and public have it taken seriously as an art form. But of the arts to a society. It was less than a policy is good business. Let’s look at the fi- we can’t deny that business has significantly month before his assassination. nancial stake government has in the arts. infiltrated the practice of art in general, and ‘‘I look forward to an America which will The non-profit arts world is roughly a $134 in particular film. The constant talk of reward achievement in the arts as we reward billion a year industry, employing millions. grosses—dollars and cents as the benchmark achievement in business or statecraft. I look It generates nearly $81 billion in spending by of a film’s worth—is very debilitating to the forward to an America, which will steadily those who partake in its cultural offerings body of serious film discussion and apprecia- raise the standards of artistic accomplish- and is responsible for some $24 billion in tion. And after all, where would the business ment and will steadily enlarge cultural op- taxes going back to federal, state and local of film be without art as its seed. portunities for all of our citizens.’’—John F. governments annually. While mine is a somewhat solid industry, Kennedy. And, this doesn’t take into consideration it will be important in the years to come for To me, art, in all its forms, is the purest the impact the non-profit sector has as the it to embrace risks as readily as is does, sure reflection of the most diverse aspects of us training ground for writers, musicians, ac- things. It must sure that freedom of artistic as individuals, as communities, as nations tors, dancers, painters, photographers, expression is honored and nurtured across a and as cultures. It’s art that feeds and nur- filmmakers and the like. It doesn’t take into broad spectrum. I believe strongly that keep- tures the soul of a society; provokes consideration the ultimate effect these peo- ing diversity alive in my industry will keep thought; inspires critical thinking; and fos- ple and their work have on a thriving multi- the industry alive. ters understanding of things foreign to our billion dollar private sector. For example, the Sundance Institute is a own immediate world. In the end, art plays a So, supporting the arts is good business step toward making sure diverse voices and primary role in encouraging healthy toler- and the numbers bear this out. It’s also good the creative energy they bring with them are ance of diversity in any culture. In times public policy. A study by the Justice Dept., given an opportunity to grow and evolve. like these—in this very hour—more of this Americans for the Arts and the NEA dem- Those who come to the Sundance labs to kind of encouragement would serve us well. onstrated that arts programs helped at-risk make films and those who come to the Fes- Joseph Campbell felt that a society without youth stay out of trouble, perform better in tival to show films really are a microcosm of mythology was doomed. I feel the same way school and improve how they felt about the kind of diverse voices which our industry about the role that art can play in a soci- themselves and their future. How do you put needs to continue to support and nurture if ety’s sustainable future. On the surface, it a price on that? it wants to maintain itself. They are also the may not have the weight of the SEC, the Yet, President Bush recommended vir- kind of voices that will join in character- Dept. of Defense, or Social Security and tually no increase for arts grants adminis- izing us to the rest of the world in the years other programs that may be easier to quan- tered by the NEA. President Bush also rec- to come. It’s all connected. tify. But it is still a part of the whole. More ommended terminating funding of the Arts Even after two decades, Sundance con- importantly, it exemplifies one of our great, in Education program, which is administered tinues to be a community work in progress, maybe our greatest critical luxuries—free- through the Dept. of Education. State legis- success and failure simultaneously evident, dom of expression. latures all across the country are making treating failure as a step toward growth, Throughout the 80s and into the 90s, battles over free expression were furious and substantial cuts. Several states proposed rather than the destruction of a vision. I frequent. On the one side, the perception wiping out their entire state budget for the look at the Sundance Film Festival and the that art was undermining the moral fabric of arts. innovative hustle demonstrated by scores of Are these federal and state governments our society began to stick and took on a life young filmmakers to bring their vision to missing something in turning their backs on of its own and it became the order of the the screen. They haven’t curled up and died the arts? You bet they are. We need people in day. When the moralistic posturing gave way because they can’t get government backing office who will have a vision for our country to the rationale to cut funding, for a time it for their projects. Somehow they find a way. that goes beyond the next election. We need was the political value of attacking the arts But I’m sure if I took a quick poll, I’d find that increased significantly in stature. By people in office who understand that encour- that most of them found art, found their falsely positioning the debate as one of mor- aging creative pursuit could be critical to voice, in neighborhood, community and als and money, these forces hoped to use fear any number of sectors, from the next great school arts programs. That’s where they to obscure the real truth—the value of art to technological idea to the next historic med- began the dance with the wonders of cre- every community—and fear is a very dan- ical discovery. How do you put a price on ativity. gerous platform to work off of. that? By the way, I started the Sundance Insti- I wondered then, why aren’t they going Creativity is made all the more special be- tute with a grant from the NEA when many after tabloid media or corporate greed with cause it is a great intangible. It can come others were skeptical of the idea’s potential such a vengeance? Why isn’t there the same from the most unlikely places and from and ultimate worth. I will always be grateful fervor about the dismal state of literacy in those that might not fit the ‘‘traditional’’ to the NEA for believing in us at the time. It our schools, the AIDS epidemic, or homeless model of the artist. Creativity is inherent in was instrumental in getting us started. It men, women and children? Why is the zeal all great endeavors whether traditionally ar- wasn’t just the seed funding, but the seal of not pointed at the virtual flood of guns and tistic or not. It is creativity that must con- approval that gave the idea impetus. drugs into our nation’s streets, or pollution tinue to be nurtured if we hope to reap the What most of you know that maybe others into our air and water and the resulting pub- benefits of the many great minds we don’t don’t is that out there right now is some kid lic health implications? When has a painting yet know. How do you put a price on that? with a great song in their head we’ve yet to ever instigated the destruction of a culture? Yes there are pressing needs all around us. hear or a novel in their heart that has yet to Is a song or a play, a painting or a photo- But completely ceasing to fund the arts is be written. There’s someone out there that graph that much of a threat to our nation’s sadly short sighted in any economy. Govern- hasn’t picked up a paintbrush yet but has a well-being? That notion seems particularly ments have to find a way to remain in the masterpiece on the horizon. There’s a kid absurd in light of the larger threats we are mix of resources for the arts and the private out there who hasn’t picked up a camera yet currently facing. sector—corporations, foundations and indi- but could end up making a memorable film Luckily the collective voice against this viduals—they all need to find ways to help of their time. trend won out, and of course, the political fill the gap during these tough times such as What most of you know that others might winds changed substantially. And, while the we’re in now. not as clearly see, is that the nurturing of cultural wars may have subsided, they still And that includes my industry, which ben- creativity comes into play in everything rear their ugly head too frequently. But efits greatly from a vital and thriving artis- from world diplomacy to world economics, there’s more than one way to strangle the tic force. When one thinks of Hollywood, art business endeavors to social endeavors and arts and today, funding cuts being discussed isn’t necessarily the first thing to come to everything in between. It is creativity that all across this country at all levels of gov- mind. Some would say it is often anti-art. gives all of it the nuance that often makes ernment could paint a truly devastating pic- No. It’s first a business. But it is a business the difference. In all its forms, art plays a ture when all is said and done. that cannot exist without creative talent in critical role in finding our way as people and As most of you know all to well, when the every facet of the making of its product. So, as a culture. economy is in as bad a shape as it is now, art in the end, the challenge to create art still As President Kennedy said that day in Am- becomes the ‘‘throw-away.’’ Art and art edu- rests squarely on the artist not the industry. herst: ‘‘I see little more importance to the cation becomes the funding cut they feel As in any medium, sometimes we succeed future of our country and our civilization won’t have a tangible effect. In other words, and sometimes we fail. But we succeed often than full recognition of the place of the art- it’s the cut from which they think nobody enough to create films that inspire, expose, ist. If art is to nourish the roots of our cul- will suffer and they think nobody will notice transform and provoke, amuse, entertain and ture, society must set the artist free to fol- its absence. Well that’s not true. It may take even teach. low his vision wherever it takes him.’’ a while to get it, but society at large will Just as all other arts did at the moment of We hear the word freedom bandied about a suffer and I believe, society at large will ul- their own conception, cinema transformed lot these days. It’s a sacred concept. How timately notice. the world. For good or for bad, it is a uni- fortunate we are to have it. How viscerally

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12442 CONGRESSIONAL RECORD — SENATE October 3, 2003 we need to feel the commitment to protect laborers building an airfield for the Japanese reform public education by estab- it. To be able to be part of a freedom of ex- military. Believing that an invasion by the lishing high standards for every stu- pression that allows us to tell stories of our U.S. forces was imminent, the prisoners were dent, providing Federal incentives to choice in the uniqueness of our own voices as forced into three tunnel air raid shelters, boost low-performing schools, and cre- citizens and as artists is not to be taken thus following orders from the Japanese lightly. To be able to freely voice dissent in High Command to dispose of prisoners by ating accountability. our hearts or in our art is something to pro- any means available. Buckets of gasoline Unlike vouchers, which even sup- tect at all costs. But then, the glory of art is were thrown inside the shelters followed by porters acknowledge would reach only that it can, not only survive change, it can flaming torches. Those not instantly killed a small fraction of children, No Child inspire change. by the explosions ran burning from the tun- Left Behind was intended to implement It is for all these reasons that it behooves nels and were machine gunned and bayo- proven, effective reforms in all schools government to sustain an environment that neted to death. not just for a few students, but for all enables, supports and nurtures the free and creative expression of its citizenry. Only a few survived this horror. students. I have great hope for the future of art and Amongst those who did was Mr. Dan But the administration and this Con- thus civil society as I look out over this Crowley of Simsbury, CT. I thank Mr. gress are not living up to the promise room, and imagine the collective power, the Crowley for sharing his experiences of No Child Left Behind and are under- collective voice that will not cower in the with my staff and I, and educating all funding it by over $8 billion. This face of budget slashing critics, and will not of us about an important event in U.S. leaves millions of children behind and surrender its advocacy for art and free ex- places additional burdens on already pression. history. My hope comes from not only those gath- Few words can truly express the hor- burdened State and local education ered here tonight, but from the efforts of ror that those 123 soldiers, sailors, and budgets. grassroots, state and national organizations; marines must have suffered as they And, on top of underfunding No Child young artists I meet at Sundance film labs; were cut down in their service to their Left Behind, we are now considering inner-city elementary school kids who are country. I stand today and offer my re- giving funds to schools that are not learning to play music and write poetry; the spects to the memories of these valiant even subject to its provisions. literary and theater programs in prisons; and As we know, No Child Left Behind traveling exhibitions to rural communities men and their families. Their story serves to remind all of us of the price would ensure oversight and account- all across the country. ability, including testing standards and Thank you to the co-sponsors of this of freedom and the sometimes tragic teacher qualification standards. But evening. To Americans for the Arts my grat- fate of those who have paid its ransom the voucher program we are consid- itude for your tireless and effective advocacy for us all. on behalf of art and all that comes with that. ering today does not provide the same You truly make a difference and we’re all f system of accountability or oversight the better for it. And to the Film Founda- DC VOUCHERS of these private schools, nor does it set tion a recognition and respect for the impor- the same criteria for the very people tant work you do to inspire young artists Mr. CORZINE. Mr. President, I would like to take a few moments to discuss that will be teaching our children. through education and for protecting and re- In fact, this bill allows any private storing some of the greatest films of all time my opposition to the voucher provision school to apply to participate in the and thus enabling the diverse perspective of in the D.C. appropriations bill. program, but there is no evaluation it all to live on. Our government promises every child process before they are accepted to par- Lastly, it is an honor to pay tribute to the in the United States a free and appro- memory and the contribution of Nancy ticipate. This leaves D.C. children vul- priate public education. The very idea Hanks whom I knew and remember fondly. nerable to poor-performing schools. Nancy Hanks had a profoundly gifted per- that Federal funds that should be going I ask proponents of the bill: How can spective on cultural policy in the United to our Nation’s public schools to fulfill we ask our public schools to fulfill the States, that being access to the arts. Her leg- that promise will instead be siphoned significant mandates of No Child Left acy is the success of many of your programs; away to private schools is of great con- Behind, when we are refusing those the creative mastery of many of the artists cern to me. here tonight; and the commitment to free- schools adequate funds and at the same As a product of public schools, and time giving Federal money to schools dom of expression that we collectively em- the child of a public school teacher, I brace. The life she lived really meant some- that are not even required to abide by thing. am a strong supporter of the public many of its mandates? So we go forth here tonight to continue to school system. I often say that while Proponents of the voucher program try to enlighten those who dismiss the arts we cannot be a Nation of equal out- say that it provides parents with as unnecessary, irrelevant or dangerous. And comes, we can and must be a Nation of ‘‘choice’’ that they do not currently we do so not only in the memory of Nancy equal opportunities. Our public schools have. This is simply not true. The Dis- Hanks, but in the name of the active and de- are the key to equal opportunity for all serving imagination of every American trict of Columbia already offers three child. American children. alternatives to traditional public Although the voucher program we f schools. First, D.C. has the largest are discussing today would only impact number of public charter schools per REMEMBERING THE HEROES OF the District of Columbia, it clearly capita in the Nation. If we pass this THE SECOND WORLD WAR would have national implications. It is voucher program, these charter schools Mr. LIEBERMAN. Mr. President, I a calculated first step toward broader will remain underfunded. Yet we still wish to recognize a small group of he- voucher programs, which would drain want to give private schools money. roes who are gathering this Saturday resources from our public schools—the Second, D.C. has established 15 public at the Jefferson Barracks National very schools that are free and open to transformation schools that have, for Cemetery to honor their fallen com- all children, and accountable to par- the first time ever, succeeded in raising rades and to ensure that future genera- ents and taxpayers. the scores of low-income children in tions of Americans remember the tre- Simply put, vouchers are not the an- low-performing schools. Again, how- mendous sacrifices of those who served swer to our educational ills—they are ever, the very programs in these trans- in the Pacific theater during the Sec- bad education policy driven by ideolog- formation schools that have succeeded ond World War. ical goals. are now seeing cuts in funding. Yet we These former heroes—prisoners of Wouldn’t our energy be better fo- still want to give private schools war all—will dedicate a plaque that cused on strengthening our public money. marks a humble grave within the sea of schools, which can and do succeed with Finally, D.C. allows parents who are headstones of those who made the ulti- adequate resources? To succeed, not content with their neighborhood mate sacrifice on behalf of a grateful schools need high-quality teachers, a school to send their child to out-of- nation. The inscription of the plaque rigorous curriculum, high expecta- boundary schools that are accountable reads: tions, parental involvement, and effec- to public education standards. Yet we VICTIMS OF THE JAPANESE MASSACRE, PUERTO tive management. All of these require still want to give private schools PRINCESA, PALAWAN, P.I., DECEMBER 14, 1944 adequate resources. money. These U.S. prisoners of war of the Japanese In 2001, Congress passed the No Child If this is not school choice, then what were on the island of Palawan, P.I., as slave Left Behind Act, which was intended to is? Why can’t we give these types of

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12443 schools a chance to succeed rather as one of the sisters bathed and dressed raising these children. The result of than undermining them and draining the terrible wounds of a leper who was this neural tube defect is that most ba- funds from their already successful near death. The journalist said to the bies suffer from a host of physical, psy- programs? sister, ‘‘You know, I wouldn’t do that chological, and educational challenges, Proponents of vouchers also claim for all the money in the world.’’ To including paralysis, developmental that the program in this bill is a pilot which the sister answered, ‘‘Neither delay, numerous surgeries, and living program and should be given a chance. would I.’’ with a shunt in their skulls in an at- But Milwaukee and Cleveland both In 1979, when Mother Teresa accepted tempt to ameliorate their condition. tried to implement a voucher program, the Nobel Peace Prize, she said: Today, approximately 90 percent of all and a GAO study of the programs in I chose the poverty of poor people. But I babies diagnosed with this birth defect these two cities found no or little dif- am grateful to receive the Nobel Prize in the live into adulthood, approximately 80 ference in voucher and public school name of the hungry, the naked, the home- percent have normal IQs, and approxi- students’ performance. less, the blind, the lepers, all the people who mately 75 percent participate in sports Our cities have tried vouchers and feel unwanted, unloved, uncared for through- and other recreational activities. With have not succeeded. Our children out our society, people that have become a proper medical care, people who suffer should not be guinea pigs for programs burden to society and shunned by everyone. from spina bifida can lead full and pro- that have simply not been proven effec- That is just an amazing statement, ductive lives. However, they must tive at raising academic achievement. an amazing testament. Mother Teresa learn how to move around using braces, I am not the only one opposed to this was powerfully motivated by the words crutches or wheelchairs, and how to program. My friend and colleague in of Jesus in the Gospel of Matthew, ‘‘As function independently. They also the House of Representatives, ELEANOR you did for the least of these your must be careful to avoid a host of sec- HOLMES NORTON, along with the major- brethren, you did on to me.’’ And just ondary health problems ranging from ity of the D.C. City Council and School as Jesus inspired Mother Teresa, the depression and learning disabilities to Board, also oppose any voucher pro- soon-to-be Saint Teresa of Calcutta in- skin problems and latex allergies. gram. In addition, the residents of the spires all of us. She is a saint for all After decades of poor prognosis and District of Columbia are overwhelm- time, but she speaks with special ur- short life expectancy, breakthroughs in ingly opposed to private school vouch- gency to us today. research combined with improvements ers. f in health care and treatment children with spina bifida are now living long Let’s not turn D.C. into a laboratory NATIONAL SPINA BIFIDA enough to become adults with this con- for school vouchers. Vouchers are not AWARENESS MONTH the solution to improving educational dition. Yet, with this extended life ex- opportunity in D.C. or anywhere else in Mr. DODD. Mr. President, I rise pectancy people with spina bifida now America. Let’s instead focus on ful- today to remind my colleagues that face new challenges in the fields of edu- filling the promise of No Child Left Be- October is National Spina Bifida cation, job training, independent liv- hind by fully funding it, and giving our Awareness Month and to pay tribute to ing, health care for secondary condi- public schools the resources they need the more than 70,000 Americans and tions, aging concerns, and other re- to truly succeed. their family members who are cur- lated issues. rently affected by Spina Bifida—the f I am grateful for my colleague from Nation’s most common, permanently Missouri, Senator BOND who, along MOTHER TERESA: A BELOVED disabling birth defect. with myself, sponsored the Birth De- SAINT FOR OUR TIME Spina bifida is a neural tube defect fects and Developmental Disabilities Mr. HARKIN. Mr. President, on Octo- that occurs when the central nervous Prevention Act of 2003, S. 286. This im- ber 19, Mother Teresa of Calcutta will system does not properly close during portant legislation helps prevent spina be officially beatified in Rome. I say the early stages of pregnancy. Spina bifida as well as meets the current and ‘‘officially,’’ because in the eyes of so bifida affects more than 4,000 preg- growing needs of individuals with spina many people around the world, Catho- nancies each year, with 1,500 babies bifida live active, productive, and lic and non-Catholic alike, she is al- born with spina bifida each year. There meaningful lives. Our legislation helps ready recognized as an extraordinary are three different forms of spina bifida those with spina bifida and their fami- saint. She is, without question, one of with the most severe being lies learn how to treat and prevent sec- the most beloved individuals of our myelomeningocele spina bifida, which ondary health problems which range time. causes nerve damage and severe dis- from learning disabilities and depres- Why is this? By all means, her ac- abilities. This severe form of spina sion to severe allergies, and respiratory complishments are well known and re- bifida is diagnosed in 96 percent of chil- and skin problems that make life dif- spected. Mother Teresa founded the dren born with this condition. Between ficult and at times, fraught with dan- Missionaries of Charity and oversaw 70 and 90 percent of the children born ger that make life difficult for these the organization’s amazing growth. By with spina bifida are at risk of mental patients by authorizing the National the time of her death, the order had retardation when spinal fluid collects Spina Bifida Program at the Centers grown to include more than 5,000 sis- around the brain. for Disease Control and Prevention, ters, brothers, and volunteers, oper- The exact cause of spina bifida is not CDC. All of these problems can be ating some 500 centers around the known, but researchers have concluded treated or prevented, but only if those world. Even here in Washington, DC, that women of childbearing age who with spina bifida are properly educated we witness Missionaries of Charity on take daily folic acid supplements re- and taught what they need to do to the streets of this city, tending to the duce their chances of having a spina keep themselves healthy. The national homeless and feeding the hungry. bifida pregnancy by up to 75 percent. program focuses and coordinates the But there is another reason why this Progress has been made convincing agency’s efforts to educate health care woman is so beloved. It is because we women of the importance of consuming providers about the range of spina live in a world of such extraordinary folic acid supplements and maintaining bifida issues—including the avail- material abundance, a world that diets rich in folic acid. However, this ability of in utero surgery—as well as prizes youth and health. And yet here public education campaign must be en- help promote the dissemination of in- was a woman who willingly and lov- hanced and broadened to reach seg- formation regarding how to prevent ingly embraced poverty, and devoted ments of the population that have yet the myriad complications of the condi- her life to the old, the sick, and the to heed this call. tion. dying. And more than that, she in- Although folic acid consumption re- Last year, I chaired a hearing of the spired thousands of people all across duces the risk and incidence of spina Committee on Health, Education, the world to join her in that mission. bifida pregnancies, we will still have Labor, and Pension’s Subcommittee on I remember hearing about a jour- babies born with spina bifida who need Children and Families on birth defects, nalist who visited one of Mother Tere- intensive care and families that need in which Connecticut resident Fred sa’s hospices in Calcutta. He watched guidance and support in caring for and Liguori’s testimony provided a parent’s

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12444 CONGRESSIONAL RECORD — SENATE October 3, 2003 valuable perspective on spina bifida. SBAC, work tirelessly to help families This is not a small problem. Accord- After losing two pregnancies, the meet the challenges and enjoy the re- ing to Americans for Gun Safety, 25 Liguori’s were informed their unborn wards of raising their child. I would States have automated less than 60 child had spina bifida. After careful like to acknowledge and thank SBAA percent of their criminal conviction consideration and information from and the SBAC for all that they have records. Twenty States do not auto- the SBAA, the Liguoris elected to pro- done for the families affected by this mate domestic violence or temporary ceed with in utero surgery that could birth defect, especially those living in restraining order records. This short- reduce the effects of spina bifida. Since my State. I would also like to com- coming in our public safety system, ac- the late 1990s, doctors at four U.S. hos- mend the leadership of Hal Pote, Presi- cording to AGS statistics, has allowed pitals have been operating before birth dent of the Spina Bifida Foundation— over 10,000 prohibited buyers to obtain on babies diagnosed with spina bifida. uncle of Greg Pote who lives with spina a gun because the background check By closing the spinal lesion early in bifida, Alex Brodrick, President of the could not be completed within the pregnancy, these doctors believe they Spina Bifida Association of America, three business days as required by the can minimize the damage created by father of Joel Brodrick who lives with law. fluid leaking from the spine, as well as spina bifida, and Cindy Brownstein who The NICS Improvement Act has been by the spinal cord’s contact with serves as Chief Executive Officer of the sponsored by Senators on both sides of amniotic fluid. Surgeons have found SBAA. The spina bifida community and the aisle, and I urge my colleagues to that closing the hole in the spine in our Nation owe a tremendous debt to support it. this fashion before birth may correct the SBAA for its work over the past breathing problems in 15 percent of the three decades. f children receiving the procedure and As a Nation, we have accomplished a ADDITIONAL STATEMENTS may reduce the need for a shunt to great deal in our battle against birth drain brain fluid build up by between 33 defects. However, much more work re- percent and 50 percent. While the in mains to be done. I urge all of my col- TRIBUTE TO ALTHEA GIBSON utero surgery was successful, their leagues and all Americans to endorse ∑ Mr. LAUTENBERG. Mr. President, I three-year-old son still requires exten- the important efforts to prevent spina rise today to mourn the loss of Althea sive therapy and medical attention. bifida but also to support those already Gibson, a sports legend in professional Fred Liguori’s testimony made it clear living with this often debilitating birth tennis and golf and a pioneer for Afri- that a national spina bifida program is defect. Those living with spina bifida can-Americans in all walks of life. Ms. critically needed for the prevention of and their loved ones deserve our ut- Gibson passed away in East Orange this condition and to improve the qual- most support. It is my hope that by this past Sunday after suffering from ity of life for those individuals and recognizing National Spina Bifida respiratory complications. their families living with spina bifida. Awareness Month we can move closer Althea Gibson was born on a cotton Fortunately, in fiscal year 2003, Con- to the laudable goal of eventually farm in Silver, SC, in 1927 but spent gress was wise to provide $2 million in eliminating the suffering caused by most of her childhood in Harlem, NY. funding to establish and support a na- this terrible birth defect. She eventually moved to New Jersey. tional spina bifida program and is f At an early age, Althea Gibson poised to provide a much-needed in- NICS IMPROVEMENT ACT showed great promise in sports. Her fa- crease in funding for fiscal year 2004. vorite was basketball but she excelled Mr. LEVIN. Mr. President, I bring The House provided a $500,000 increase at table tennis, too. Musician Buddy the National Instant Criminal Back- while the Senate included a total of $3 Walker noticed her ability and gave ground Check Improvement Act, for- million for the program for fiscal year her a tennis racket as a gift when she 2004. I strongly urge my colleagues to merly called the Our Lady of Peace was 14. The harsh reality of racial seg- support the Senate allocation as this Act, to the attention of my colleagues. regation left her unable to play tennis level of funding is needed to ensure On March 12, 2002, a priest and a parish- on public courts while growing up. For- that the CDC has the resources nec- ioner were killed at the Our Lady of tunately, two prominent African- essary to support and expand its com- Peace Church in Lynbrook, NY, by a American doctors had a private tennis prehensive efforts to prevent spina man who was able to obtain a gun de- court and gave Ms. Gibson the oppor- bifida, improve quality-of-life for those spite the fact that he had a prior dis- tunity to play tennis there. living with the condition, and to de- qualifying mental health commitment By the early 1940s, Ms. Gibson began liver important public health messages and a restraining order that should her tennis career as an amateur, play- to those communities most at-risk for have prevented him from purchasing a ing in tournaments organized by the a spina bifida pregnancy. gun. The man who committed this dou- I want also to recognize the special ble murder passed a Brady background American Tennis Association, ATA, a work of the Spina Bifida Association of check because the NICS database did predominantly African-American orga- America, SBAA, an organization that not have the necessary information to nization. has helped people with spina bifida and determine that he was ineligible to In 1947, she won the first of 10 their families for nearly 30 years, purchase a firearm. straight ATA National Championships. working every day—not just in the The NICS Improvement Act would Within a few years, Ms. Gibson was month of October—to prevent and re- provide funding to fix the hole in the ready to compete outside of the ATA. duce suffering from this devastating current NICS background check sys- Her talent and record should have birth defect. The SBAA was founded in tem caused by the failure of many been sufficient for her to compete 1973 to address the needs of the individ- states to computerize and update their against white players in tournaments uals and families affected by and is criminal history records. While the sanctioned by the United States Lawn currently the only national organiza- Brady check system currently provides Tennis Association, USLTA. But it tion solely dedicated to advocating on fast responses to firearms dealers for took the help of Alice Marble, a cham- behalf of the spina bifida community. over 90 percent of gun purchasers with- pion tennis player herself, who wrote As part of its service through 60 chap- in a few minutes, responses are occa- an article in American Lawn Tennis ters in more than 100 communities sionally delayed because information magazine. Ms. Marble noted that Gib- across the country, the SBAA puts ex- concerning state and local convictions son wasn’t invited to participate in the pecting parents in touch with families is not up-to-date or available. This can USLTA championships for any reason who have a child with spina bifida. result in delays for some who lawfully other than ‘‘bigotry.’’ Ms. Marble These families answer questions and seek to purchase a gun and the failure wrote, ‘‘I think it’s time we face a few concerns and help guide expecting par- to block gun sales to some unlawful facts . . . If tennis is a game of ladies ents. The SBAA then works to provide purchasers. To fix this problem States and gentlemen, it’s time we acted in a lifelong support and assistance for af- need adequate funding to input and up- gentle manner, not like sanctimonious fected children and their families. date criminal history data. This bill hypocrites.’’ Together the SBAA and the Spina would provide $1 billion to help States Ms. Gibson finally received an invita- Bifida Association of Connecticut, do just that. tion to play in the 1950 National Tennis

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While I missed by her family, as well as the debut at Forest Hills against Louise am saddened by her death, I am glad hundreds of friends, faculty, and stu- Brough, who had just won her third that she graced us with her presence. dents who were inspired by her counsel. consecutive Ladies’ Singles Champion- Ms. Gibson taught each of us that And she will be missed by all of us for ship at Wimbledon. ‘‘without struggle there can be no her significant contributions address- One year later, Ms. Gibson became progress.’’ She struggled, she suc- ing important issues of our time, and the first African-American to compete ceeded, and we are all better for it.∑ general improvement of our human at Wimbledon. f condition.∑ Between 1956 and 1958, she dominated f the world of tennis, becoming the first TRIBUTE TO DR. BARBARA LOCAL LAW ENFORCEMENT ACT African-American to win major tour- LAZARUS OF 2003 naments, including the French Open ∑ Mr. BINGAMAN. Mr. President, I rise singles and doubles, the Italian Open today to pay a special tribute to one of ∑ Mr. SMITH. Mr. President, I rise singles, Wimbledon singles and dou- the true educational leaders of our today to speak about the need for hate bles, and the U.S. Open singles. time, Dr. Barbara Lazarus, whose con- crimes legislation. On May 1, 2003, Sen- She was selected as the Associated tribution to expanding educational ac- ator KENNEDY and I introduced the Press Athlete of the Year in 1957 and cess for women and people of color has Local Law Enforcement Enhancement again in 1958, the first African-Amer- been immeasurable. It is not often that Act, a bill that would add new cat- ican woman to be so honored. a single individual envisions how the egories to current hate crimes law, Despite her success and fame, she en- world can be more just, has the talent sending a signal that violence of any countered pernicious segregation to implement that vision, and conveys kind is unacceptable in our society. throughout her career. Oftentimes the passion that attracts others to the I would like to describe a terrible when she competed at tournaments, cause. Dr. Lazarus embodied all of crime that occurred in Lincoln, RI. On she couldn’t stay at the hotels the these attributes and more, working August 28, 2000, Jesse Ousley, a gay white players used, or join them for tirelessly for inclusion and under- teenager, was severely beaten by a po- meals at restaurants. But her strength standing. lice officer using antigay invectives. of character, her poise, and her deter- Dr. Lazarus, an educational anthro- Ousley received a bloody nose, two mination carried her though such in- pologist, served as the associate pro- black eyes, and numerous contusions, dignities. And she was gracious, too, vost for academic affairs at Carnegie including marks on his neck, allegedly writing in her autobiography, ‘‘I Al- Mellon University until her untimely from the police officer’s attempt to ways Wanted To Be Somebody’’: ‘‘If I death this past July. While at Carnegie strangle him. I believe that Government’s first made it, it’s half because I was game Mellon, she became a nationally recog- duty is to defend its citizens, to defend enough to take a lot of punishment nized leader in promoting women in them against the harms that come out along the way and half because there science and engineering, and she won of hate. The Local Law Enforcement were a lot of people who cared for me.’’ Carnegie Mellon’s Doherty Prize, the Enhancement Act is a symbol that can In 1958, Ms. Gibson retired from ama- university’s highest honor for edu- become substance. I believe that by teur tennis and began a short-lived ca- cational contributions. Dr. Lazarus passing this legislation and changing reer in professional basketball for the touched the lives of hundreds of stu- current law, we can change hearts and Harlem Globtrotters. She also pursued dents and staff through her efforts to minds as well.∑ a professional career in golf, becoming give women and minorities increased the first African-American woman on access to nontraditional occupations. f the Ladies Professional Golf Associa- Her commitment to promoting women IN RECOGNITION OF THE tion, LPGA, tour in 1962. and minorities in science and engineer- NAAMANS LITTLE LEAGUE Over the years, Ms. Gibson received ing has had an important impact ∑ Mr. CARPER. Mr. President, on be- many awards and accolades. Some of throughout American higher edu- half of Senator BIDEN and myself, I her most esteemed awards were her in- cation, as programs she created to congratulate Coaches Joe Mascelli, duction into the National Lawn Tennis overcome barriers have been replicated Bob Waters and H.J. Lopes, and the Association Hall of Fame, the Inter- across the country. Naamans Little League team. Their ac- national Tennis Hall of Fame, the Also concerned with reaching chil- complishment of becoming the first Black Athletes Hall of Fame, and the dren, especially girls, she invented Delaware team to reach the Little International Sports Hall of Fame. ‘‘Explanatoids,’’ short lessons explain- League World Series demonstrates the Just a few weeks ago I was eulogizing ing the science behind everyday phe- success that comes from hard work, another New Jerseyan who broke the nomena, from roller coasters to curve perseverance, dedicated coaching, and color barrier, my friend Larry Doby, balls. This project, too, is being rep- the support of parents and fans. who played baseball for the Cleveland licated at playgrounds and other insti- The Little League World Series, held Indians. What Larry Doby and Jackie tutions, including the Smithsonian’s during the month of August in Wil- Robinson did for baseball, what Jesse Air and Space Museum. liamsport, PA, ended a dramatic, Owens did for track and field, Althea Prior to joining Carnegie Mellon, Dr. record-breaking season for the Gibson did for tennis. She paved the Lazarus was the director of the Center Naamans Little League team. The way for Arthur Ashe, Zina Garrison, for Women’s Careers at Wellesley Col- Delaware State champions and Mid-At- and Venus and Serena Williams. lege where her groundbreaking work lantic regional champions final overall Althea Gibson could have rested on focused on the role of professional record through district, state, regional, her laurels. But her work wasn’t done women in a global, multicultural soci- and world series play was 14–3. They when she retired from the world of pro- ety. She became the codirector and the finished their world series experience fessional sports. She was the New Jer- only non-Asian member of the Asian at 1–2, with a win over Iowa and losses sey State Commissioner of Athletics Women’s Institute Commission on to Arizona and Texas. for 10 years (the first African-American Women and Work. In that capacity, she This year, the Mid-Atlantic Regional woman to hold the post) and served on organized meetings in several Asian championship team consisted of 12 both the New Jersey State Athletics countries that brought together women players: Jarad Carney, Kevin Control Board and the Governor’s scholars, government leaders, and ac- Czachorowski, Scott Dougherty, Cory Council on Physical Fitness. tivists to address the challenge of mov- Firmani, Constantine Fournaris, The Althea Gibson Foundation, cre- ing Asian women from traditional to Danny Frate, Michael Julian, Zack ated in her honor and based in Newark, nontraditional roles, particularly in Lopes, Tim Marcin, Dave Mastro, NJ, lives on, helping urban youth de- the workplace. Vince Russomagno, and Kip Skibicki. velop their tennis and golf skills and Throughout her career, Dr. Lazarus Coach Mascelli said his team gained improve their lot in life. wrote books, articles, and gave hun- a lot from this experience, both on the It is clear that the life Ms. Gibson led dreds of talks to share her ideas and in- field and off the field. One of the high- has served as an inspiration for Afri- spire others in this work. She will be lights was the tremendous outpouring

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12446 CONGRESSIONAL RECORD — SENATE October 3, 2003 of fan support, not just from residents ceiving sound counsel often accom- force and provided much needed sta- of Delaware, but also from people panied by a touch of dry wit. My bility in that region. around the nation and the world. They thoughts and prayers go out to Hugh He was promoted to general officer in were flooded with letters and emails Gregg’s wife, Cay, his son and our col- 1994, and served as Commanding Gen- from states across the nation, includ- league in the Senate, JUDD GREGG, and eral of several major commands for 5 of ing California, and countries as far the entire Gregg family. My family and his 9 years as a general. Just as he was away as Germany. Coach Mascelli also I, and all of New Hampshire will miss the longest serving Staff Director of said his players received an education Hugh Gregg very much. the Senate Armed Services Committee, beyond baseball. They all handled their Mr. President, naming the Post Of- he had the longest tenure as Com- celebrity status with the public and fice in Nashua for Hugh Gregg is an ap- manding General of the 4th Marine Di- the media with a maturity well beyond propriate way to remember the life of vision—one of the legendary divisions their years. The team’s objective at the one of New Hampshire’s most enduring Little League World Series was to rep- and endearing personalities. I ask that of World War II Iwo Jima fame. Today resent the state of Delaware with class my colleagues in the House and Senate this division has over 20,500 Marines and dignity. We are proud to say that move quickly to pass this legislation in and Sailors located in 105 cities and 38 the Naamans team accomplished just his honor.∑ states. The vast majority fought in Op- eration Iraqi Freedom. Under his lead- that. f Today, we congratulate the Naamans ership, the 4th Division’s warfighting MAJOR GENERAL ARNOLD L. Little League and coaches Mascelli, readiness was significantly improved as PUNARO Lopes, and Waters. They accomplished was demonstrated in Iraq and, upon his something that no other Delaware ∑ Mr. WARNER. Mr. President, on Oc- departure, he turned over an organiza- team has done, and they made each one tober 14, 2003, at Marine Barracks 8th & tion that had achieved the highest of us proud.∑ I, Washington, D.C.—the oldest post in readiness ratings that DoD provides. the U.S. Marine Corps—GEN James L. f That does not surprise any of us who Jones, Supreme Allied Commander Eu- worked closely with him over the years TRIBUTE TO HUGH GREGG rope and Commander, U.S. European because he was known as someone who ∑ Mr. SUNUNU. Mr. President, on Command and the former Commandant always had a vision and knew how to Wednesday I introduced S. 1692, to des- of the Marine Corps will officiate at a get things done—both strategically and ignate the U.S. Post Office Building at retirement ceremony for MG Arnold L. tactically. He was direct, forceful, and 38 Spring Street in Nashua, NH as the Punaro. GEN Punaro is completing 35 always focused on reaching the goal. ‘‘Hugh Gregg Post Office Building,’’ years of superlative commissioned and honor one of our State’s most be- service in the United States Marine He was most recently mobilized—for loved and hardest working public serv- Corps and is someone I have worked the third time in his reserve career— ants. with both in and out of uniform for for Operation Enduring Freedom and On September 24, New Hampshire over 25 of these years. Contingent on Operation Iraqi Freedom as both the lost one of its great citizens, statemen, the Senate schedule, I intend to be U.S. Marine Corps Director of Reserve and historians when Hugh Gregg passed present and join his many friends in Affairs and a Special Assistant to the away at the age of 85. Hugh Gregg was wishing him and his family fair winds Supreme Allied Commander, Europe. an alderman and then mayor of his and following seas. During this period the U.S. Marine hometown of Nashua, leading the city Many here will recall Arnold’s out- Corps had the largest call-up of its re- through a time of economic transition standing 24 year career in the U.S. Sen- serves in their history with a 99 per- by bringing prosperity back to the mill ate working for our former Senate cent show-rate, a rapid deployment to yards lining the Merrimack River in Armed Services Committee Chairman, their operational assignments faster Nashua after they had gone in silent in Senator Sam Nunn. He started as an than required and great success in the 1940s. He was elected the youngest intern in Senator Nunn’s office in 1973, combat operations. His experience and Governor in New Hampshire history at and rose to become Staff Director of leadership were crucial in both the mo- the age of 34, then returned to the pri- the Senate Armed Services Committee. bilization and demobilization phase. vate sector to pursue successful ven- During that 24-year period he was in- tures as a lawyer and businessman. It volved in every major national security During this same period his oldest was at this point that Hugh Gregg decision and set a standard of excel- son, Joe Punaro, a 2LT in the Marine began to evolve into one of the most lence and leadership that few others Corps was serving as a platoon com- important figures in New Hampshire achieve. While he came from Georgia, I mander in Iraq in the same Regiment history. am proud to say he has been a Virginia his father served in Vietnam—the 7th Hugh Gregg’s love of New Hampshire resident for 30 years and someone with Marines of the 1st Marine Division. Joe and politics inspired his passion for whom I worked closely during his years worked for me as an intern in 2000 and preserving, and often-times defending in the Senate. I had the pleasure of visiting with him New Hampshire’s first-in-the-nation Simultaneously, he was engaged in a in Kuwait prior to the invasion. Presidential primary. He was involved highly successful career in the United Arnold’s daughter Julie is student formally and informally with many States Marine Corps which he entered teaching at Thomas Jefferson High campaigns over the years, and was a out of college in 1968. At the peak of School; daughter Meg is at Mary Wash- virtual encyclopedia of knowledge the draft, he was a volunteer into a ington College and plays on their field regardingthe history of New Hamp- tough outfit that I know well. He was hockey team which is in the top ten, shire’s unique role in electing Presi- an infantry platoon commander in and son Daniel is a senior in high dents of the United States. In 1998 combat in Vietnam where he was school and an aspiring college lacrosse Hugh Gregg, who is often referred to as wounded in battle and decorated for player. His wife Jan has kept them all the Godfather of the New Hampshire heroism. on this highly successful course. primary, help found the New Hamp- Following active duty service, he MG Punaro has now completed two shire Political Library, which was and went into the reserves in 1973. Over the outstanding careers—one in the Senate is the only nonpartisan, nonprofit in- next 30 years he would serve with dis- and one in the Marine Corps. He is a stitution in the State dedicated to poli- tinction in both command and staff bil- superb leader, thinker and doer. He is tics and the primary. lets to include mobilization for Desert Hugh Gregg held high the New Hamp- Shield/Desert Storm in 1990. He also now on his third career as a senior ex- shire values of honesty, frankness and was mobilized in 1993 to serve as the ecutive for a key Virginia company. caring throughout a life of political, Commander of Joint Task Force Pro- On behalf of the members of the Sen- business, and community leadership. I vide Promise, Forward, in command of ate Armed Services Committee and was just one among his countless all U.S. troops serving in the former Staff as well as the Senate, I want to friends who turned to him for his ad- Yugoslavia and in Macedonia. His com- extend our deepest congratulations and vice and perspective over the years, re- mand was part of a multi-national the gratitude of a grateful Nation.∑

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12447 HONORING OUR ARMED FORCES Heart, which is awarded to a member tional Guard. As the father of a soldier ∑ Mrs. LINCOLN. Mr. President, in re- of the Armed Forces who is wounded or who has recently returned from active cent months I have risen on several oc- killed in an armed conflict, is unique duty service in Iraq, I am especially ap- casions to pay tribute to the men and in that an individual is not rec- preciative of his skilled and courageous women who are fighting in Iraq and ommended for the decoration; rather actions. This prestigious award is a re- elsewhere in the global war on inter- they are entitled to it. Daryl joins a flection of his military professionalism national terror. Today I rise once again heroic and honorable group of soldiers and extraordinary bravery. to pay tribute and to honor a young who have sacrificed their own Mr. President, I join with all South man who was recently killed in action wellbeing in service to our country. Dakotans in expressing my gratitude in Iraq—Dustin K. McGaugh. Dusty Let me also express my admiration to Specialist Campbell. We are all was killed Tuesday near Balad, Iraq. for the South Dakota National Guard. proud and thankful for all that he has He was 20 years old. With 750 members of the National done and continues to do in the service Dusty grew up in Springdale, AR, and Guard serving in Iraq, South Dakota of the United States of America.∑ graduated from high school in Tulsa, has one of the highest rates of mobili- OK. After graduation, he joined the zation in the Nation. This high rate of f service is a reflection of the hard work Army ROTC. His father, James MESSAGES FROM THE PRESIDENT McGaugh, told one newspaper in Ar- and pride South Dakota National kansas that Dusty joined the Army be- Guard members maintain. These brave Messages from the President of the cause he was looking for direction in and accomplished servicemen and United States were communicated to life and because he ‘‘wanted to serve women regularly win national awards the Senate by Ms. Evans, one of his and be part of something important.’’ and rank at or near the top in National secretaries. Guard performance tests and competi- Dusty enlisted shortly before Sep- f tember 11, 2001—in fact, when the ter- tions. They represent South Dakota rorist attacks occurred on that hor- principles with remarkable distinction. EXECUTIVE MESSAGES REFERRED I know Staff Sergeant Devries is a rible day, he was undergoing basic As in executive session the Presiding training in boot camp. One newspaper valued member of the South Dakota National Guard. As the father of a sol- Officer laid before the Senate messages account quotes a close friend who told dier who has recently returned from from the President of the United of Dusty being so dedicated to his active duty service in Iraq, I am espe- States submitting sundry nominations Army service that he finished his last cially appreciative of his skilled and which were referred to the appropriate three weeks of basic training after courageous actions. This prestigious committees. breaking his shin bone in a fall. Dusty award is a reflection of his military (The nominations received today are decided not to report his injury, so professionalism and extraordinary printed at the end of the Senate pro- that he might graduate from basic bravery. ceedings.) training on time with his colleagues. Mr. President, I join with all South f He graduated with special honors. In Dakotans in expressing my gratitude April of this year, Dusty’s unit—the to Staff Sergeant Devries. We are all MESSAGE FROM THE HOUSE U.S. Army 17th Field Artillery Bri- proud and thankful for all that he has At 1:16 p.m., a message from the gade—was deployed to the Middle East. done and continues to do in the service House of Representatives, delivered He accepted his mission with pride and of the United States of America.∑ served with honor. ∑ Mr. JOHNSON. Mr. President, I rise one of its clerks, announced that the Dusty is survived by his father James today to honor SP Tyler Campbell of House has agreed to the following con- of Springdale; his brother, James Lemmon, SD. Specialist Campbell was current resolution: McGaugh, of Claremore, OK; his moth- recently awarded the Purple Heart for S. Con. Res. 71. Concurrent resolution pro- er, Marina Hayes, of Tulsa; his step- injuries suffered while on patrol in viding for a conditional adjournment or re- mother, Katrina McGaugh, of Spring- northern Iraq in July. cess of the Senate. dale; and a twin sister, Windy Tyler, who is a member of the 854th f McGaugh, of Derby, KS. I ask my col- Quartermaster Company, was sent to leagues to join me in extending our Iraq in April to help assemble and se- ENROLLED BILL SIGNED deepest condolences to Dusty’s family cure a 300-meter bridge across the Ti- The following enrolled bill, pre- and friends. gris River. When he learned that he would be viously signed by the Speaker of the The Purple Heart, which was estab- House, was signed on October 2, 2003, by going to Iraq, Dusty reportedly told lished by General George Washington the president pro tempore (Mr. STE- one friend, ‘‘I believe in this. I want to at Newburgh, NY on August 7, 1782, VENS): serve our country.’’ His resolve and his during the Revolutionary War, is commitment to his country will not be awarded to a member of the Armed H. R. 2826. An act to designate the facility forgotten. The mission continues in of the United States Postal Service located Forces who is wounded or killed in an at 1000 Avenida Sanchez Osorio in Carolina, Iraq, and we remain confident that armed conflict. Tyler richly deserves Puerto Rico, as the ‘‘Roberto Clemente Dusty McGaugh’s courage and sacrifice this prestigious award, and joins a hon- Walker Post Office Building’’. will have been given in a worthy orable group of soldiers who have admi- cause.∑ rably sacrificed their own safety while f ∑ Mr. JOHNSON. Mr. President, I rise serving our country. today to honor SSG Daryl Devries of Let me express my admiration for EXECUTIVE AND OTHER Armour, SD. Staff Sergeant Devries the South Dakota National Guard. COMMUNICATIONS was recently awarded the Purple Heart With 750 members of the National The following communications were for injuries suffered while serving in Guard serving in Iraq, South Dakota laid before the Senate, together with Iraq. has one of the highest rates of mobili- accompanying papers, reports, and doc- Daryl was injured when a rocket-pro- zation in the Nation. This high rate of uments, and were referred as indicated: pelled grenade struck the Humvee he service is a reflection of the hard work EC–4643. A communication from the Chair- was riding in while on security patrol and pride South Dakota National man, International Trade Commission, in northern Iraq. Daryl, who is a mem- Guard members maintain. These brave transmitting, pursuant to law, the Commis- ber of the 200th Engineer Company, and accomplished servicemen and sion’s report on The Impact of the Caribbean was sent to Iraq in April to help assem- women regularly win national awards Basin Economic Recovery Act (CBERA); to ble and secure a bridge across the Ti- and rank at or near the top in National the Committee on Finance. EC–4644. A communication from the Chair- gris River. Guard performance tests and competi- man, International Trade Commission, The Purple Heart was established by tions. They represent South Dakota transmitting, pursuant to law, the Commis- General George Washington at New- principles with remarkable distinction. sion’s report on the Andean Trade Preference burgh, NY, on August 7, 1782, during I know Specialist Campbell is a val- Act (ATPA)—Impact on U.S. Industries and the Revolutionary War. The Purple ued member of the South Dakota Na- Consumers and on Drug Crop Eradication

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12448 CONGRESSIONAL RECORD — SENATE October 3, 2003 and Crop Substitution; to the Committee on and Human Services, transmitting, pursuant By Mr. LIEBERMAN (for himself and Finance. to law, the report of a rule entitled ‘‘Chari- Mr. LEVIN): EC–4645. A communication from the Chair- table Choice Regulations Applicable to S. 1712. A bill to re-establish and reform man, International Trade Commission, States Receiving Substance Abuse Preven- the independent counsel statute; to the Com- transmitting, pursuant to law, the Commis- tion and Treatment Block Grants, Projects mittee on Governmental Affairs. sion’s Strategic Plan which covers the fiscal for Assistance in Transition from Homeless- By Ms. SNOWE (for herself, Mr. PRYOR, period 2003 through 2008; to the Committee ness, Formula Grants, and to Public and Pri- and Mr. BOND): on Finance. vate Receiving Discretionary Funding from S. 1713. A bill to amend title IV of the EC–4646. A communication from the Assist- SAMHSA’’ (RIN0930–A11) received on Sep- Small Business Investment Act of 1958, relat- ant Secretary, Legislative Affairs, transmit- tember 30, 2003; to the Committee on Health, ing to a pilot program for credit enhance- ting, pursuant to the Arms Export Control Education, Labor, and Pensions. ment guarantees on pools of non-SBA loans; Act, the report of a proposed license for the EC–4658. A communication from the Regu- to the Committee on Small Business and En- export of defense articles or defense services lations Coordinator, Department of Health trepreneurship. sold commercially under a contract in the and Human Services, transmitting, pursuant By Mr. CORZINE: amount of $50,000,000 or more to Taiwan; to to law, the report of a rule entitled ‘‘Chari- S. 1714. A bill to amend the National Hous- the Committee on Foreign Relations. table Choice Provisions Applicable to Pro- ing Act to increase the maximum mortgage EC–4647. A communication from the Assist- grams Authorized Under the Community amount limit for FHA-insured mortgages for ant Secretary, Legislative Affairs, transmit- Services Block Grant Act’’ (RIN0970–AC13) multifamily housing located in high-cost ting, pursuant to the Arms Export Control received on September 30, 2003; to the Com- areas; to the Committee on Banking, Hous- Act, the report of a proposed license for the mittee on Health, Education, Labor, and ing, and Urban Affairs. export of defense articles or defense services Pensions. By Mr. CAMPBELL (for himself and sold commercially under a contract in the EC–4659. A communication from the Regu- Mr. INOUYE): amount of $50,000,000 or more to Algeria and lations Coordinator, Department of Health S. 1715. A bill to amend the Indian Self-De- the United Kingdom; to the Committee on and Human Services, transmitting, pursuant termination and Education Assistance Act Foreign Relations. to provide further self-governance by Indian EC–4648. A communication from the Assist- to law, the report of a rule entitled ‘‘Chari- table Choice Provisions Applicable to the tribes; to the Committee on Indian Affairs. ant Secretary, Legislative Affairs, transmit- By Mr. CHAFEE (for himself, Mr. ting, pursuant to the Arms Export Control Temporary Assistance for Needy Families Program’’ (RIN0970–AC12) received on Sep- BOND, and Mr. JEFFORDS): Act, the report of a proposed license for the S. 1716. A bill to amend the Federal Water export of defense articles that are firearms tember 30, 2003; to the Committee on Health, Education, Labor, and Pensions. Pollution Control Act to authorize the use of controlled under category I of the United funds made available for nonpoint source States Munitions List sold commercially EC–4660. A communication from the Regu- lations Coordinator, Department of Health management programs for projects and ac- under a contract in the amount of $1,000,000 tivities relating to the development and im- or more to Colombia; to the Committee on and Human Services, transmitting, pursuant plementation of phase II of the storm water Foreign Relations. to law, the report of a rule entitled ‘‘Medi- program of the Environmental Protection EC–4649. A communication from the Assist- care Program; Hospice Wage Index for Fiscal ant Secretary, Legislative Affairs, transmit- Year 2004’’ (RIN0938–AM67) received on Sep- Agency; to the Committee on Environment ting, pursuant to the Emergency Wartime tember 30, 2003; to the Committee on Health, and Public Works. Supplemental Appropriations Act, the report Education, Labor, and Pensions. By Mr. HATCH (for himself, Mr. of a license for the export of items in the na- EC–4661. A communication from the Assist- BROWNBACK, Mr. SPECTER, and Mr. tional interest of the United States to Iraq; ant Attorney General, Office of Legislative DODD): to the Committee on Foreign Relations. Affairs, Department of Justice, transmit- S. 1717. A bill to amend the Public Health EC–4650. A communication from the Direc- ting, pursuant to law, a report relative to ac- Service Act to establish a National Cord tor of the Office of Personnel Management tivities and operations of the Public Integ- Blood Stem Cell Bank Network to prepare, and the Secretary of the Treasury, transmit- rity Section, Criminal Division , and report- store, and distribute human umbilical cord ting, pursuant to law, a report relative to ing nationwide Federal law enforcement ef- blood stems cells for the treatment of pa- funding for benefits attributable to the mili- fort against public corruption; to the Com- tients and to support peer-reviewed research tary service of current and former employees mittee on the Judiciary. using such cells; to the Committee on of the Postal Service; to the Committee on Health, Education, Labor, and Pensions. f Governmental Affairs. f EC–4651. A communication from the Archi- REPORTS OF COMMITTEES vist of the United States, transmitting, the SUBMISSION OF CONCURRENT AND Strategic Plan of the National Archives and The following reports of committees SENATE RESOLUTIONS Records Administration; to the Committee were submitted: The following concurrent resolutions on Governmental Affairs. By Mr. GRASSLEY, from the Committee and Senate resolutions were read, and EC–4652. A communication from the Post- on Finance, with an amendment in the na- referred (or acted upon), as indicated: master General, United States Postal Serv- ture of a substitute: ice, transmitting, pursuant to law, two re- H.R. 4. A bill to reauthorize and improve By Mr. CAMPBELL (for himself, Mr. ports relative to military service of current the program of block grants to States for INOUYE, Mr. BINGAMAN, Mr. JOHNSON, and former Postal Service employees and a temporary assistance for needy families, im- Mr. THOMAS, and Mr. MCCAIN): S. Res. 239. A resolution designating No- proposal to expend savings accrued to the prove access to quality child care, and for vember 7, 2003, as ‘‘National Native Amer- Postal Service as a result of P.L. 108-18; to other purposes (Rept. No. 108–162). the Committee on Governmental Affairs. ican Veterans Day’’ to honor the service of EC–4653. A communication from the Chair- f Native Americans in the United States man, National Capital Planning Commis- INTRODUCTION OF BILLS AND Armed Forces and the contribution of Native Americans to the defense of the United sion, transmitting, a report entitled ‘‘De- JOINT RESOLUTIONS signing for Security in the Nation’s Cap- States; to the Committee on the Judiciary. itol’’; to the Committee on Governmental The following bills and joint resolu- By Mr. CAMPBELL (for himself, Mr. Affairs. tions were introduced, read the first INOUYE, Mr. DORGAN, Mr. BINGAMAN, EC–4654. A communication from the Sec- and second times by unanimous con- Mr. JOHNSON, Mr. DOMENICI, Mr. retary of Labor, transmitting, pursuant to sent, and referred as indicated: MCCAIN, Mr. THOMAS, and Mr. law, a letter relative to the Department of HATCH): Labor’s expenditure of a portion of the spe- By Mr. REED (for himself and Mrs. S. Res. 240. A resolution designating No- cial $1000 filing fees paid by employers who MURRAY): vember 2003 as ‘‘National American Indian seek access to H-1B nonimmigrant employ- S. 1710. A bill to amend title XXVII of the Heritage Month’’; to the Committee on the ees; to the Committee on Health, Education, Public Health Service Act and part 7 of sub- Judiciary. Labor, and Pensions. title B of title I of the Employee Retirement By Mr. GRAHAM of South Carolina: EC–4655. A communication from the Sec- Income Security Act of 1974 to establish S. Res. 241. A resolution expressing the retary of Labor, transmitting, the Depart- standards for the health quality improve- sense of the Senate regarding the Pales- ment of Labor’s Strategic Plan for Fiscal ment of children in managed care plans and tinian Authority; to the Committee on For- Years 2003 through 2008; to the Committee on other health plans; to the Committee on eign Relations. Health, Education, Labor, and Pensions. Health, Education, Labor, and Pensions. By Ms. MURKOWSKI: EC–4656. A communication from the Rail- By Mr. CORZINE: S. Res. 242. A resolution to express the road Retirement Board, transmitting, the S. 1711. A bill to increase the expertise and sense of the Senate concerning the do-not- Board’s Strategic Plan for 2003 through 2008; capacity of community-based organizations call registry; to the Committee on the Judi- to the Committee on Health, Education, involved in economic development activities ciary. Labor, and Pensions. and key development programs; to the Com- By Mr. DASCHLE: EC–4657. A communication from the Regu- mittee on Banking, Housing, and Urban Af- S. Con. Res. 72. A concurrent resolution lations Coordinator, Department of Health fairs. commemorating the 60th anniversary of the

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12449 establishment of the United States Cadet S. 1630 economic development organizations Nurse Corps and voicing the appreciation of At the request of Mr. HAGEL, his and for the establishment of partner- Congress regarding the service of the mem- name was added as a cosponsor of S. ships between these organizations. bers of the United States Cadet Nurse Corps 1630, a bill to facilitate nationwide Most importantly, the legislation during World War II; to the Committee on Health, Education, Labor, and Pensions. availability of 2-1-1 telephone service would authorize grants to promote the for information and referral services, use of mentors to improve the oper- f and for other purposes. ational capabilities of community- ADDITIONAL COSPONSORS S. 1685 based organizations in the areas of S. 595 At the request of Mr. GRASSLEY, the project development, personnel man- At the request of Mr. HATCH, the name of the Senator from Arizona (Mr. agement, legal services, and financial name of the Senator from North Da- KYL) was added as a cosponsor of S. management. These and other eligible kota (Mr. CONRAD) was added as a co- 1685, a bill to extend and expand the uses of the funding would increase the sponsor of S. 595, a bill to amend the basic pilot program for employment capacity of these organizations to ex- Internal Revenue Code of 1986 to repeal eligiblity verification, and for other pand community development activi- the required use of certain principal re- purposes. ties throughout the country. Over the past several decades, our payments on mortgage subsidy bond S. 1708 financings to redeem bonds, to modify Nation has seen the emergence of com- At the request of Mr. KENNEDY, the munity-based organizations that have the purchase price limitation under name of the Senator from South Da- mortgage subsidy bond rules based on helped break the cycle of poverty for kota (Mr. DASCHLE) was added as a co- millions of families. Today, according median family income, and for other sponsor of S. 1708, a bill to provide ex- to the National Congress of Commu- purposes. tended unemployment benefits to dis- nity Economic Development, there are S. 1214 placed workers, and to make other im- more than 3,600 of these organizations, At the request of Ms. MIKULSKI, the provements in the unemployment in- many of which serve some of our Na- name of the Senator from Illinois (Mr. surance system. tion’s most economically challenged DURBIN) was added as a cosponsor of S. S. RES. 231 communities. These include both urban 1214, a bill to provide a partially re- At the request of Mr. FEINGOLD, the and rural areas, as well as suburban refundable tax credit for caregiving re- name of the Senator from New Hamp- gions. lated expenses. shire (Mr. GREGG) was added as a co- Typically, community development S. 1231 sponsor of S. Res. 231, a resolution corporations have annual budgets rang- At the request of Mr. SCHUMER, the commending the Government and peo- ing from $200,000 to $500,000 and staffs name of the Senator from Wisconsin ple of Kenya. averaging about six members. Their (Mr. FEINGOLD) was added as a cospon- AMENDMENT NO. 1798 lack of personnel, expertise and financ- sor of S. 1231, a bill to eliminate the ing often creates real constraints on burdens and costs associated with elec- At the request of Mrs. HUTCHISON, the name of the Senator from Nevada (Mr. their ability to make even greater con- tronic mail spam by prohibiting the tributions to their community. transmission of all unsolicited com- ENSIGN) was added as a cosponsor of amendment No. 1798 intended to be pro- This legislation would expand our in- mercial electronic mail to persons who vestment in these organizations, and place their electronic mail addresses posed to S. 1689, an original bill making emergency supplemental appropria- expand their capacity to build homes, on a national No-Spam Registry, and create jobs, improve public safety, pro- to prevent fraud and deception in com- tions for Iraq and Afghanistan security and reconstruction for the fiscal year vide critical social services, increase mercial electronic mail by imposing re- access to capital, and turn around com- quirements on the content of all com- ending September 30, 2004, and for other purposes. munities now filled with despair. The mercial electronic mail messages. bill would serve a wide range of com- AMENDMENT NO. 1816 S. 1510 munities with different economic, geo- At the request of Mr. LEAHY, the At the request of Mr. DASCHLE, the graphic, and social characteristics. name of the Senator from New Jersey names of the Senator from Washington I hope my colleagues will support the (Mr. CORZINE) was added as a cosponsor (Ms. CANTWELL) and the Senator from bill, and I ask unanimous consent that of S. 1510, a bill to amend the Immigra- Minnesota (Mr. DAYTON) were added as the text of the legislation be printed in tion and Nationality Act to provide a cosponsors of amendment No. 1816 pro- the RECORD. mechanism for United States citizens posed to S. 1689, an original bill mak- There being no objection, the bill was and lawful permanent residents to ing emergency supplemental appropria- ordered to be printed in the RECORD, as sponsor their permanent partners for tions for Iraq and Afghanistan security follows: residence in the United States, and for and reconstruction for the fiscal year S. 1711 other purposes. ending September 30, 2004, and for Be it enacted by the Senate and House of Rep- S. 1531 other purposes. resentatives of the United States of America in At the request of Mr. HATCH, the AMENDMENT NO. 1816 Congress assembled, names of the Senator from Nebraska At the request of Mrs. MURRAY, her SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Community (Mr. HAGEL) and the Senator from Min- name was added as a cosponsor of Economic Development Expertise Enhance- nesota (Mr . DAYTON) were added as co- amendment No. 1816 proposed to S. ment Act of 2003’’. sponsors of S. 1531, a bill to require the 1689, supra. SEC. 2. FINDINGS AND PURPOSES. Secretary of the Treasury to mint f (a) FINDINGS.—Congress finds that— coins in commemoration of Chief Jus- (1) there are a multitude of community tice John Marshall. STATEMENTS ON INTRODUCED economic development programs adminis- S. 1594 BILLS AND JOINT RESOLUTIONS tered by the Federal Government that assist many of the most economically distressed At the request of Mrs. FEINSTEIN, the By Mr. CORZINE: areas in the United States in— name of the Senator from Oregon (Mr. S. 1711. A bill to increase the exper- (A) revitalizing physical and economic WYDEN) was added as a cosponsor of S. tise and capacity of community-based structures; and 1594, a bill to require a report on recon- organizations involved in economic de- (B) providing support to small- and me- struction efforts in Iraq. velopment activities and key develop- dium-sized businesses to encourage and as- S. 1612 ment programs; to the Committee on sist the businesses in generating long-term At the request of Ms. COLLINS, the Banking, Housing, and Urban Affairs. jobs and economic opportunity; name of the Senator from Minnesota Mr. CORZINE. Mr. President, I rise (2) there are many nonprofit, nongovernmental, community-based economic develop- (Mr. COLEMAN) was added as a cospon- today to introduce the Community ment organizations, including faith-based or- sor of S. 1612, a bill to establish a tech- Economic Development Expertise En- ganizations, that have successfully operated nology, equipment, and information hancement Act of 2003. community economic development programs transfer within the Department of This regulation would provide fund- that create jobs, build homes, and revitalize Homeland Security. ing for nonprofit, community-based local markets;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12450 CONGRESSIONAL RECORD — SENATE October 3, 2003 (3) Federal community economic develop- laborations of those organizations, to lever- does not exceed 80 percent of the statewide ment programs in effect as of the date of en- age private sector investment as part of an median family income; or actment of this Act are intended to leverage overall community development strategy; (B) lives in a metropolitan area and whose private sector investment as part of an over- (2) to establish educational programs for median family income does not exceed 80 all community development effort; nonprofit, nongovernmental, community- percent of the greater of the statewide me- (4) Federal community economic develop- based organizations to expand the project de- dian family income or the metropolitan area ment programs connect residents of dis- velopment capabilities of those organiza- median family income, as those terms are tressed neighborhoods to jobs and opportuni- tions; used in section 45D of the Internal Revenue ties of the regional marketplace, replacing (3) to increase the use of tax incentives to Code of 1986. economic distress with opportunity; leverage private sector investment in com- (5) SECRETARY.—The term ‘‘Secretary’’ (5) Federal community economic develop- munity economic development projects; means the Secretary of Housing and Urban ment programs— (4) to promote and facilitate investments Development. (A) provide financial assistance, including in community-based economic development SEC. 4. GRANTS TO INCREASE CAPACITY AND EX- tax credits and loan guarantees; projects from traditional and nontraditional PERTISE OF NONPROFIT, NON- (B) involve private investment institutions capital sources; GOVERNMENTAL COMMUNITY- and universities; and (5) to encourage partnerships between com- BASED ORGANIZATIONS INVOLVED (C) provide technical expertise for small munity-based organizations that will expand IN COMMUNITY ECONOMIC DEVEL- OPMENT ACTIVITIES. businesses; and enhance the expertise of emerging non- (6) Federal community economic develop- (a) GRANT AUTHORITY.—The Secretary may profit, nongovernmental organizations in provide grants under this section only— ment programs in effect as of the date of en- using private sector investment as part of actment of this Act build on ongoing efforts (1) to eligible community-based economic the comprehensive community development development organizations; and to encourage economic growth in distressed strategies of the organizations; and communities by— (2) for the purposes described in subsection (6) to ensure that viable community eco- (c). (A) helping to create new affordable hous- nomic development projects are successfully ing opportunities; (b) ELIGIBLE COMMUNITY-BASED ECONOMIC pursued throughout the United States in DEVELOPMENT ORGANIZATION.— (B) allowing communities to address im- communities having a wide range of eco- portant public safety, access to capital, in- (1) DEFINITION.—In this section, the term nomic, geographic, and social characteris- ‘‘eligible community-based economic devel- frastructure, and environmental concerns; tics. and opment organization’’ means a community- (C) providing social services, including af- SEC. 3. DEFINITIONS. based economic development organization, fordable health care, transportation, child In this Act: or a collaboration of organizations (includ- care, and youth development; (1) COMMUNITY-BASED ECONOMIC DEVELOP- ing city or State community economic de- (7) the continuing success of Federal com- MENT ORGANIZATION.— velopment associations), that demonstrates munity economic development programs will (A) IN GENERAL.—The term ‘‘community- management capacity by meeting, as deter- depend in great measure on the ability of based economic development organization’’ mined by the Secretary, 2 or more of the re- community-based organizations and private means a nonprofit, nongovernmental organi- quirements in paragraph (2). sector institutions to form partnerships that zation that— (2) REQUIREMENTS.—The requirements reconnect residents of distressed neighbor- (i) has the primary mission to serve, or ferred to in paragraph (1), with respect to an hoods to jobs and other opportunities; provide investment capital for, low-income eligible community-based economic develop- (8) the Federal Government administers communities and low-income individuals; ment organization, are— various programs that employ the services and (A) completion of construction of 10 or and capabilities of community-based organi- (ii) either— more dwelling units of affordable housing; zations to deliver a wide range of services to (I) maintains accountability to residents of (B) completion of construction of a com- residents of distressed communities; low-income communities through represen- mercial, industrial, retail, or community fa- (9) Federal community economic develop- tation of those residents on any governing cility project; ment programs help achieve lasting improve- board of the organization or on any advisory (C) the past or present provision, in partment and enhance domestic prosperity by board to the organization; or nership with community-based economic de- the establishment of stable and diversified (II) maintains accountability to low-in- velopment organizations, of training, edu- local economies, sustainable development, come communities by having a governing cation, capacity, technical assistance, or and improved local conditions; board that primarily consists of leaders of other mentoring services; (10) there is a need for greater cooperation community-based development organizations (D) the exhibition of willingness to form between the Federal Government, States, from the region or State of the organization. operational partnerships and execute con- and other entities to ensure that, consistent (B) INCLUSION.—The term ‘‘community- tractual agreements with emerging commu- with national community economic develop- based economic development organization’’ nity-based economic development organiza- ment objectives, Federal programs are com- includes any faith-based organization that tions; and patible with, and further the objectives of, complies with the requirements under (E) the possession of tangible assets the State, regional, and local economic develop- clauses (i) and (ii) of subparagraph (A). value of which is not less than the value of ment plans and comprehensive economic de- (C) TREATMENT OF COMMUNITY DEVELOP- the grant requested under this section. velopment strategies; MENT FINANCIAL INSTITUTIONS.—The require- (c) USE OF FUNDS.— (11) while economic development is an in- ments of subparagraph (A) shall be deemed (1) PURPOSES.—Amounts from a grant pro- herently local process, the Federal Govern- to be met by any community development fi- vided under this section may be used only— ment should work in closer partnership with nancial institution (as defined in section 103 (A) to pay salaries or administrative ex- community-based economic development or- of the Community Development Banking and penses of the grantee or an emerging com- ganizations to ensure that— Financial Institutions Act of 1994 (12 U.S.C. munity-based economic development organi- (A) resources are fully utilized; and 4702)). zation that is undertaking a community eco- (B) all people in the United States have an (2) COMMUNITY ECONOMIC DEVELOPMENT nomic development project; opportunity to participate in the economic PROJECT.—The term ‘‘community economic (B) to provide technical assistance to an growth of the United States; and development project’’ means a project that emerging community-based economic devel- (12) extending technical assistance to com- involves— opment organization that is undertaking a munity-based economic development organi- (A) investment in business enterprises, in- community economic development project; zations may be necessary or desirable— cluding investments in the form of loan or (A) to alleviate economic distress; origination, equity investment, and mone- (C) to conduct training or research, and to (B) to encourage and support public-pri- tary assistance to home buyers or to busi- carry out technical assistance, relating to vate partnerships for the formation and im- ness owners for business development community economic development through provement of economic development strate- projects; or subgrants under paragraph (2), including sub- gies that promote the growth of the national (B) the construction or rehabilitation of fa- grants for program evaluation and economic economy; cilities, including commercial or industrial impact analyses. (C) to stimulate modernization and techno- facilities, homes, apartment buildings, and (2) EXPENDITURE.—Amounts from a grant logical advances in the generation and com- community parks. provided under this section may be— mercialization of goods and services; and (3) LOW-INCOME COMMUNITY.—The term (A) used directly by the eligible commu- (D) to enhance the effectiveness of United ‘‘low-income community’’ has the meaning nity-based economic development organiza- States companies in the global economy. given the term in section 45D of the Internal tion receiving the grant; or (b) PURPOSES.—The purposes of this Act Revenue Code of 1986. (B) redistributed by the recipient to a non- are— (4) LOW-INCOME INDIVIDUAL.—The term profit, nongovernmental entity in the form (1) to provide a new source of Federal fund- ‘‘low-income individual’’ means any indi- of— ing to enhance the capabilities of nonprofit, vidual who— (i) a grant; nongovernmental, community-based eco- (A) lives in an area other than a metropoli- (ii) a loan; nomic development organizations, or col- tan area and whose median family income (iii) a loan guarantee;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12451 (iv) a payment to reduce interest on a loan U.S.C. 9816 note), as in effect on April 30, (1) developing plans under section 5(b)(3); guarantee; or 2000. and (v) other appropriate assistance. (C) RESERVATION.—Of the amount reserved (2) reviewing and making recommenda- (d) SELECTION CRITERIA.— for use under this paragraph, not less than tions on plans that have been developed. (1) IN GENERAL.—Subject to paragraph (2), $4,000,000 shall be used for the support of de- (c) MEMBERSHIP.— the Secretary shall promulgate rules, includ- velopment organizations in rural areas. (1) IN GENERAL.—The Advisory Council ing guidelines and procedures, to provide for SEC. 5. ASSESSMENT OF COMMUNITY-BASED ECO- shall consist of not less than 19 members, to the selection of eligible community-based NOMIC DEVELOPMENT EXPERTISE. be appointed by the Secretary, as described economic development organizations for (a) CAPABILITY STUDY.— in paragraphs (2) and (3). grants under this section. (1) IN GENERAL.—The Secretary shall con- (2) NONVOTING MEMBERS.—The nonvoting (2) CRITERIA.—The rules promulgated under duct a study to assess the capability needs of members of the Advisory Council shall be— paragraph (1) shall— community-based economic development or- (A) the Secretary of Housing and Urban (A) be based on a determination of the rel- ganizations that— Development; ative effectiveness of the organizations in (A) analyzes, evaluates, and recommends (B) the Secretary of Health and Human carrying out the purposes of this Act; and processes to improve the administrative and Services; (B) provide for consideration of— operational capabilities of the organizations (C) the Assistant Secretary for Economic (i) the number of eligible community-based to acceptable levels of success in support of Development of the Department of Com- economic development organizations eligible the role of the Federal Government in commerce; to receive assistance under programs other munity economic development; and (D) the Administrator of the Community than this section; (B) assesses the extent to which Federal Development Financial Institutions Fund; (ii) the extent to which grant amounts pro- agencies may— and vided under this section will enhance the ca- (i) incorporate the organizations into the (E) the Under Secretary of Agriculture for pabilities of community-based economic de- formulation of the strategic plans of funding Rural Development. velopment organizations in underserved agencies; and (3) VOTING MEMBERS.— States and localities; (ii) if the extent or quality of that type of (A) IN GENERAL.—The Advisory Council (iii) the extent to which an eligible com- involvement is satisfactory, support the role shall have not less than 14 voting members, munity-based economic development organi- of the Federal Government in community to include— zation applying for a grant does not have ac- economic development. (i) at least 2 individuals who conduct recess to other traditional local financial (2) REPORT.—Not later than 180 days after search on community economic development sources; the date of enactment of this Act, the Sec- activities; (iv) the extent to which an eligible commu- retary shall submit to Congress a report that (ii) at least 2 individuals who are experts in nity-based economic development organiza- describes the results of the study under this community economic development financ- tion represents nonprofit, nongovernmental subsection. ing; organizations that serve low-income commu- (b) ANNUAL REPORTS TO CONGRESS.—Not (iii) at least 3 individuals who are publicly nities and individuals; and later than the first March 1 occurring after elected officials; and (v) the extent to which an eligible commu- the end of each fiscal year for which (iv) at least 7 individuals who are rep- nity-based economic development organiza- amounts are made available for grants under resentatives of community-based economic section 4, the Secretary shall submit to Con- tion will implement a plan to become finan- development organizations that carry out gress a report that includes— cially sustainable. community economic development activi- (1) an evaluation of the progress made dur- (e) AMOUNT.—A grant provided under this ties. ing the fiscal year covered by the report, to section to a single grantee shall be in an (B) LIMITATION.—No voting member of the enhance the administrative and operational amount that is not less than $250,000 and not Advisory Council may be an officer or em- capabilities of community-based economic greater than $1,000,000. ployee of the Federal Government. (f) PROHIBITION OF MATCHING FUNDS RE- development organizations in support of the (d) TRAVEL EXPENSES.—Members of the Ad- role of the Federal Government in commu- QUIREMENT.—The Secretary may not require visory Council shall not receive any com- a grantee under this section to provide nity economic development; pensation for service on the Advisory Coun- amounts from sources other than this sec- (2) an assessment of the extent to which cil, other than travel expenses (including per tion to fund the specific activities to be car- Federal agencies have, during that fiscal diem in lieu of subsistence), in accordance ried out with grant amounts provided under year, involved community-based economic with sections 5702 and 5703 of title 5, United this section. development organizations in— States Code. (g) ELIGIBILITY FOR COMMUNITY REINVEST- (A) carrying out community economic de- MENT ACT CREDITS.—In determining whether velopment programs administered by the SEC. 7. COORDINATION WITH THE ANNUAL BUDG- an eligible community-based economic de- agencies; and ET REQUEST OF THE PRESIDENT. velopment organization is meeting the credit (B) delivering services under those pro- The President of the United States shall needs of the community of that organization grams that enhance the operational capabili- include with each annual budget of the Fed- for the purpose of section 804(a) of the Com- ties of the organizations; and eral Government required to be submitted munity Reinvestment Act of 1977 (12 U.S.C. (3) a plan for making recommendations for under section 1105(a) of title 31, United 2903(a)), the appropriate Federal financial su- actions or measures to further involve com- States Code, a report regarding Federal fi- pervisory agency (as defined in section 803 of munity-based economic development organi- nancial support for community economic de- that Act (12 U.S.C. 2902)), in assessing and zations in the strategic operations of Federal velopment that includes— taking into account the record of any regu- agencies in support of community economic (1) a detailed summary of the total level of lated financial institution, may consider as a development. funding committed to community-based eco- factor investments in community economic (c) FINAL EVALUATION.— nomic development organizations by all Fed- development projects of eligible community- (1) IN GENERAL.—On termination of the eral agencies; based economic development organizations. grant program under section 4, the Secretary (2) a statement of— (h) AUTHORIZATION OF APPROPRIATIONS.— shall select an independent entity that has (A) projected funding levels for the grant (1) IN GENERAL.—There are authorized to be experience in national community economic program under section 4 for the upcoming appropriated to provide grants under this development activities, nonprofit commu- fiscal year and each fiscal year thereafter section $75,000,000 for each of fiscal years 2004 nity-based developers, and impact evaluation until fiscal year 2010; and through 2006. and analysis to conduct an evaluation of the (B) projected funding levels for financial (2) SET-ASIDE FOR TECHNICAL ASSISTANCE impact of the grant program. assistance for economic development activi- AND TRAINING.— (2) REPORT.—Not later than 180 days after ties for each Federal agency that provides (A) IN GENERAL.—Of the amount made the conclusion of the last fiscal year for that assistance; available under this Act for each fiscal year, which amounts are made available for grants (3) an identification and analysis of the subject to subparagraph (C), $10,000,000 shall under section 4, the entity conducting the method (including grant agreements, probe available only for technical assistance evaluation under this subsection shall sub- curement contracts, and cooperative agree- and training activities, to be conducted by mit to the Secretary and Congress a final re- ments (as those terms are used in chapter 63 organizations described in subparagraph (B). port regarding the evaluation. of title 31, United States Code)) by which fi- (B) ORGANIZATIONS.—The organizations re- SEC. 6. ADVISORY COUNCIL. nancial assistance is provided for each eco- ferred to in subparagraph (A) are national (a) ESTABLISHMENT.—The Secretary shall nomic development activity; and community development organizations, establish an advisory council to be known as (4) recommendations for specific activities State community development associations, the ‘‘Secretary’s Advisory Council on Com- and measures— and city community development associa- munity Economic Development’’ (referred to (A) to enhance community-based economic tions, that have extensive nationwide part- in this section as the ‘‘Advisory Council’’). development capacity building in States nerships and experience in working with (b) DUTIES.—The Advisory Council shall having less concentrated economic and infra- community-based economic development or- make recommendations to the Secretary, for structure resources; and ganizations in accordance with section 4 of use in carrying out this Act, including rec- (B) to strengthen nationwide community- the HUD Demonstration Act of 1993 (42 ommendations on— based economic development.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12452 CONGRESSIONAL RECORD — SENATE October 3, 2003 By Mr. LIEBERMAN (for himself For example, the threshold for seek- in place under the Department’s 1999 and Mr. LEVIN): ing the appointment of an Independent regulations, it is far too easy for an At- S. 1712. A bill to re-establish and re- Counsel will be raised, so that a great- torney General to stifle an investiga- form the independent counsel statute; er amount of evidence to back up alle- tion in ways less dramatic and less to the Committee on Governmental Af- gations of criminal conduct will be republic than actually removing the Spe- fairs. quired. The attorney General will also cial Counsel. Mr. LIEBERMAN. Mr. President, I be entitled for the first time to issue Under the legislation we are intro- am very pleased to be joining today subpoenas for evidence and convene ducing today, each Independent Coun- with Senator LEVIN in introducing the grand juries during the preliminary in- sel will have to devote his full time to Independent Counsel Reform Act of vestigation, and would be given more the position for the duration of his ten- 2003. With this bill, we hope to con- time to conduct preliminary investiga- ure. This will prevent the appearance vince our colleagues that an improved tions. This change responds to con- of conflicts that may arise when an independent counsel statute can serve cerns that, in the past, the Attorney Independent Counsel continues with an essential purpose. We want to con- General’s hands have been tied during his private legal practice, and it will vince our colleagues that our legisla- the preliminary investigation stage. expedite investigations as well. The tion will preserve the ideals that moti- With our bill, the Department of Jus- Independent Counsel will also be ex- vated the enactment of this statute in tice will be able to conduct a more sub- pected to conform his conduct to the the years after Watergate, that no per- stantial preliminary investigation. written guidelines and established poli- son is above the law, and that our high- In another change that will reduce cies of the Department of Justice. The est government officials must be sub- the number of Independent Counsel ap- prior version of that requirement con- ject to our laws in the same way as any pointed, officials covered by the stat- tained a loophole, which has been other person. If they are guilty, they ute will be limited to the President, eliminated. must be held accountable. If they are the Vice President, the President’s There have been many complaints not, they must be cleared. In these Chief of Staff, and Cabinet members. about runaway prosecutors, who con- cases the American people are more This is a major reduction compared to tinued their investigations longer than likely to trust the findings of an inde- the number of officials covered by the was necessary or appropriate. Our bill pendent counsel’s investigation and Independent Counsel statute when it will impose a time limit of two years conclusions. Officials who are wrongly expired. The Attorney General will re- on investigations by Independent Coun- accused will receive vindication that is tain the discretionary authority to ap- sel. The Special Division of the Court far more credible to the public than point an Independent Counsel to inves- of Appeals will be able to grant exten- when it comes from the Department of tigate non-covered individuals when sions of time, however, for good cause Justice. As a result, the public’s con- the Attorney General determines that and to compensate for dilatory tactics fidence in its government is enhanced investigation or prosecution by the De- by opposing counsel. Imposing a time by the independent counsel statute. partment of Justice would result in a limit with flexibility allows Inde- In 1999, as the independent counsel personal, financial or political conflict pendent Counsel the time they genu- law was expiring, I joined with Sen- of interest. This discretionary author- inely need to complete their investiga- ators LEVIN, SPECTER, and COLLINS in ity was part of the Independent Coun- tions, and deters defense counsel from introducing the Independent Counsel sel law from 1983 to 1999; although the using the time limit strategically to Reform Act of 1999. That year, we provision was not included in the bill escape justice. But the time limit will drafted new provisions to curb the ex- we introduced that year, it has been in- also encourage future Independent cesses we had seen in some of the included in this bill because of the pro- Counsel to bring their investigations to vestigations conducted under the prior mulgation, after our bill was intro- an expeditious conclusion, and not incarnation of the law. The revisions duced, of new regulations by the De- chase down every imaginable lead. ensure that there will be fewer Inde- partment of Justice. Our bill makes another important pendent Counsel appointed, and that In many administrations, high level change that will prevent expansion of their actions will in many respects be political advisers can have enormous investigations into unrelated areas. constrained by the same sorts of guide- influence, much more even than some Until now the statute has allowed the lines and practical restraints that gov- Cabinet members. When we first intro- Attorney General to request an expan- ern regular federal prosecutors. The duced the Independent Counsel Reform sion of an Independent Counsel’s pros- bill we are introducing today retains Act of 1999, I hoped that criminal alle- ecutorial jurisdiction into unrelated these suggested reforms. In fact, it is gations against officials not covered by areas. This happened several times virtually identical to the Independent the statute could be handled either by with Judge Starr’s investigation, and I Counsel Reform Act of 1999, with a sin- the Department of Justice, or, in cases believe those expansions contributed to gle exception I will describe in a mo- involving high-level officials or other a perception that the prosecutor was ment. conflicts of interest, through the ap- pursuing the person and not the crime. We made those substantial changes pointment by the Attorney General of An Independent Counsel must not exist after the Committee on Governmental a Special Counsel. After our bill was to pursue every possible lead against Affairs had held five hearings on the introduced, however, then Attorney his target until he finds some taint of Independent Counsel statute. During General Reno issued revised regula- criminality. His function, our bill the hearings we heard from numerous tions for the appointment of Special makes clear, is to investigate that sub- witnesses who had served as Inde- Counsel, which provide that the Attor- ject matter given him in his original pendent Counsel, and as Attorney Gen- ney General may block any investiga- grant of prosecutorial jurisdiction. eral, from former prosecutors and from tive or prosecutorial action being pur- We are bringing greater budgetary defense attorneys. Many witnesses sup- sued by the Special Counsel. The regu- transparency to the process by direct- ported the statute, even defense attor- lations also allow the Attorney Gen- ing the Independent Counsel to produce neys who had represented targets in eral to shut down the investigation en- an estimated budget for each year, and Independent Counsel investigations. tirely, or starve it of funds. These revi- by allowing the General Accounting Of- Both witnesses who opposed the stat- sions, and others, constituted a major fice to comment on that budget. This ute outright, and those who advocated reduction in a Special Counsel’s auton- greater transparency will provide more keeping it in some form, suggested a omy. As Robert Fiske had testified incentive for Counsel to budget respon- number of improvements to the stat- during our committee hearings in 1999, sibly. ute. We carefully considered those rec- he accepted his 1994 appointment to be Another correction we are making is ommendations before we sat down to the Whitewater Special Counsel only to eliminate entirely the requirement draft a bill that retained the essential after satisfying himself that the regu- that an Independent Counsel refer evi- features of the old law while reducing lations then in effect granted him the dence of impeachable offenses to the its scope, limiting the powers of the same powers as would have been avail- House of Representatives. The im- Independent Counsel, and bringing able to an Independent Counsel. Now, peachment power is one of Congress’s greater transparency into the process. with the variety of control mechanisms essential Constitutional functions, and

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12453 no part of that role should be delegated or against the President. Often the accordance with section 592 if the Attorney by statute to a prosecutor. President and the Attorney General General receives information sufficient to Our bill was unsuccessful in the 106th are long-time friends and political al- constitute grounds to investigate whether Congress. Perhaps one of the reasons that person may have violated Federal lies. The Attorney General will not be criminal law other than a violation classi- was that we were still too close to one trusted by some to ensure that an unbi- fied as a Class B or C misdemeanor or an in- or two controversial investigations ased investigation will be conducted. In fraction. that turned some against the statute; other cases, many will question the ‘‘(d) EXAMINATION OF INFORMATION TO DE- perhaps the wounds were still too raw. thoroughness of an investigation di- TERMINE NEED FOR PRELIMINARY INVESTIGA- Now with a fresh perspective gained rected from inside the Department. In TION.— ‘‘(1) FACTORS TO BE CONSIDERED.—In deter- through the passage of time, Congress a time of great public cynicism about should reconsider what it has given up mining under subsection (a) or section government, the Independent Counsel 592(c)(2) whether grounds to investigate by allowing the Independent Counsel statute guarantees that even the Presi- exist, the Attorney General shall consider law to lapse for the past four years. dent and his highest officials will have only— Hopefully, occasions will be few and far to answer for their criminal malfea- ‘‘(A) the specificity of the information re- between when serious and credible sance. In that sense, this statute up- ceived; and criminal allegations emerge against holds the rule of law and will help stem ‘‘(B) the credibility of the source of the in- high-level officials. When this happens, the distrust toward government. The formation. ‘‘(2) TIME PERIOD FOR MAKING DETERMINA- however, the public will question how Independent Counsel statute embodies we can be certain that the incident is TION.—The Attorney General shall determine the bedrock American principle that no whether grounds to investigate exist not being appropriately investigated. In- person is above the law. later than 30 days after the information is deed, in the absence of an Independent I ask unanimous consent that the first received. If within that 30-day period Counsel law, some may even question text of the Independent Counsel Re- the Attorney General determines that the whether allegations are as likely to form Act of 2003 be printed in the information is not specific or is not from a credible source, then the Attorney General surface in the first place. If people with RECORD. shall close the matter. If within that 30-day knowledge of criminal wrongdoing sus- There being no objection, the bill was pect that their information may be period the Attorney General determines that ordered to be printed in the RECORD, as the information is specific and from a cred- covered up rather than acted upon, follows: ible source, the Attorney General shall, upon they would be less likely to take the S. 1712 making that determination, commence a risk of coming forward. Be it enacted by the Senate and House of Rep- preliminary investigation with respect to The controversy that has enveloped resentatives of the United States of America in that information. If the Attorney General is the White House in the past week illus- Congress assembled, unable to determine, within that 30-day pe- trates the need for an Independent riod, whether the information is specific and SECTION 1. SHORT TITLE. from a credible source, the Attorney General Counsel law. According to news re- This Act may be cited as the ‘‘Independent ports, two high-level Administration shall, at the end of that 30-day period, com- Counsel Reform Act of 2003’’. mence a preliminary investigation with re- figures, which some reports have SEC. 2. INDEPENDENT COUNSEL STATUTE. spect to that information. placed in the White House, willfully Chapter 40 of title 28, United States Code, ‘‘(e) RECUSAL OF ATTORNEY GENERAL.— disclosed the name of a covert CIA op- is amended to read as follows: ‘‘(1) WHEN RECUSAL IS REQUIRED.— erative. If true, this disclosure would ‘‘CHAPTER 40—INDEPENDENT COUNSEL ‘‘(A) INVOLVING THE ATTORNEY GENERAL.—If information received under this chapter in- be a serious criminal law violation, one ‘‘Sec. that may well have endangered not volves the Attorney General, the next most ‘‘591. Applicability of provisions of this chap- senior official in the Department of Justice just the covert operative, but the peo- ter. who is not also recused shall perform the du- ple abroad who worked with her in ‘‘592. Preliminary investigation and applica- ties assigned under this chapter to the At- service to the United States. The dis- tion for appointment of an torney General. closures were reportedly made to pun- independent counsel. ‘‘(B) PERSONAL OR FINANCIAL RELATION- ish the agent’s husband, Ambassador ‘‘593. Duties of the division of the court. SHIP.—If information received under this Joseph Wilson, for questioning the ac- ‘‘594. Authority and duties of an independent chapter involves a person with whom the At- counsel. curacy of comments made by the Presi- torney General has a personal or financial ‘‘595. Congressional oversight. relationship, the Attorney General shall dent about Iraq’s nuclear weapons pro- ‘‘596. Removal of an independent counsel; recuse himself or herself by designating the gram. The Department of Justice re- termination of office. next most senior official in the Department cently initiated an investigation, but ‘‘597. Relationship with Department of Jus- of Justice who is not also recused to perform according to a recent poll the public tice. the duties assigned under this chapter to the overwhelmingly prefers that the inves- ‘‘598. Severability. Attorney General. tigation not be handled by the Depart- ‘‘599. Termination of effect of chapter. ‘‘(2) REQUIREMENTS FOR RECUSAL DETER- ment. Although we do not yet know ‘‘§ 591. Applicability of provisions of this MINATION.—Before personally making any which individuals may be implicated as chapter other determination under this chapter with ‘‘(a) PRELIMINARY INVESTIGATION WITH RE- respect to information received under this a result of a thorough investigation, chapter, the Attorney General shall deter- many Americans question whether At- SPECT TO CERTAIN COVERED PERSONS.—The Attorney General shall conduct a prelimi- mine under paragraph (1)(B) whether recusal torney General Ashcroft can preside nary investigation in accordance with sec- is necessary. The Attorney General shall set impartially over a probe that could tion 592 whenever the Attorney General re- forth this determination in writing, identify prove very damaging to his close asso- ceives information sufficient to constitute the facts considered by the Attorney Gen- ciates in the White House, and to the grounds to investigate whether any person eral, and set forth the reasons for the President. An Independent Counsel described in subsection (b) may have vio- recusal. The Attorney General shall file this statute is absolutely essential so that lated any Federal criminal law other than a determination with any notification or ap- violation classified as a Class B or C mis- plication submitted to the division of the we have an institutionalized means for court under this chapter with respect to that addressing allegations such as these. demeanor or an infraction. ‘‘(b) PERSONS TO WHOM SUBSECTION (a) AP- information. We should not, as we are now, forced PLIES.—The persons referred to in subsection ‘‘§ 592. Preliminary investigation and applica- into an ad hoc and situationally driven (a) are— tion for appointment of an independent discussion of whether the Department ‘‘(1) the President and Vice President; counsel of Justice can investigate a particular ‘‘(2) any individual serving in a position ‘‘(a) CONDUCT OF PRELIMINARY INVESTIGA- case. listed in section 5312 of title 5; and TION.— I have always believed that the Inde- ‘‘(3) the Chief of Staff to the President. ‘‘(1) IN GENERAL.—A preliminary investiga- pendent Counsel statute embodies cer- ‘‘(c) PRELIMINARY INVESTIGATION WITH RE- tion conducted under this chapter shall be of tain principles fundamental to our de- SPECT TO OTHER PERSONS.—When the Attor- those matters as the Attorney General con- mocracy. The alternative to an Inde- ney General determines that an investiga- siders appropriate in order to make a deter- tion or prosecution of a person by the De- mination, under subsection (b) or (c), with pendent Counsel statute is a system in partment of Justice may result in a per- respect to each potential violation, or alle- which the Attorney General must de- sonal, financial, or political conflict of inter- gation of a violation, of criminal law. The cide how to handle substantive allega- est, the Attorney General may conduct a Attorney General shall make that deter- tions against colleagues in the Cabinet, preliminary investigation of such person in mination not later than 120 days after the

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12454 CONGRESSIONAL RECORD — SENATE October 3, 2003 preliminary investigation is commenced, ex- section (b)(1), the Attorney General receives quest serve. If no application for the appoint- cept that, in the case of a preliminary inves- additional information sufficient to con- ment of an independent counsel is made to tigation commenced after a congressional re- stitute grounds to investigate the matters to the division of the court under this section quest under subsection (g), the Attorney which that notification related, the Attor- pursuant to such a preliminary investiga- General shall make that determination not ney General shall— tion, the Attorney General shall submit a re- later than 120 days after the request is re- ‘‘(A) conduct such additional preliminary port to that committee stating the reasons ceived. The Attorney General shall promptly investigation as the Attorney General con- why the application was not made, address- notify the division of the court specified in siders appropriate for a period of not more ing each matter with respect to which the section 593(a) of the commencement of that than 120 days after the date on which that congressional request was made. preliminary investigation and the date of additional information is received; and ‘‘(4) DISCLOSURE OF INFORMATION.—Any re- commencement. ‘‘(B) otherwise comply with the provisions port, notification, application, or other docu- ‘‘(2) LIMITED AUTHORITY OF ATTORNEY GEN- of this section with respect to that addi- ment, material, or memorandum supplied to ERAL.— tional preliminary investigation to the same a committee under this subsection shall not ‘‘(A) IN GENERAL.—In conducting prelimi- extent as any other preliminary investiga- be revealed to any third party, except that nary investigations under this chapter, the tion under this section. the committee may, either on its own initia- Attorney General shall have no authority to ‘‘(d) CONTENTS OF APPLICATION.—Any appli- tive or upon the request of the Attorney plea bargain or grant immunity. The Attor- cation for the appointment of an inde- General, make public such portion or por- ney General shall have the authority to con- pendent counsel under this chapter shall tions of that report, notification, applica- vene grand juries and issue subpoenas. contain sufficient information to assist the tion, document, material, or memorandum ‘‘(B) NOT TO BE BASIS OF DETERMINATIONS.— division of the court in selecting an inde- as will not in the committee’s judgment The Attorney General shall not base a deter- pendent counsel and in defining that inde- prejudice the rights of any individual. mination under this chapter— pendent counsel’s prosecutorial jurisdiction ‘‘§ 593. Duties of the division of the court ‘‘(i) that information with respect to a vio- so that the independent counsel has ade- lation of criminal law by a person is not spe- ‘‘(a) REFERENCE TO DIVISION OF THE quate authority to fully investigate and COURT.—The division of the court to which cific and from a credible source upon a deter- prosecute the subject matter and all matters mination that that person lacked the state this chapter refers is the division established directly related to that subject matter. under section 49 of this title. of mind required for the violation of crimi- ‘‘(e) DISCLOSURE OF INFORMATION.—Except nal law; or ‘‘(b) APPOINTMENT AND JURISDICTION OF as otherwise provided in this chapter or as is INDEPENDENT COUNSEL.— ‘‘(ii) that there are no substantial grounds deemed necessary for law enforcement pur- to believe that further investigation is war- ‘‘(1) AUTHORITY.—Upon receipt of an appli- poses, no officer or employee of the Depart- cation under section 592(c), the division of ranted, upon a determination that that per- ment of Justice or an office of independent son lacked the state of mind required for the the court shall appoint an appropriate inde- counsel may, without leave of the division of pendent counsel and define the independent criminal violation involved, unless there is a the court, disclose to any individual outside preponderance of the evidence that the per- counsel’s prosecutorial jurisdiction. The ap- the Department of Justice or that office any pointment shall be made from a list of can- son lacked that state of mind. notification, application, or any other docu- XTENSION OF TIME FOR PRELIMINARY didates comprised of 5 individuals rec- ‘‘(3) E ment, materials, or memorandum supplied INVESTIGATION.—The Attorney General may ommended by the chief judge of each Federal to the division of the court under this chap- apply to the division of the court for a single circuit and forwarded by January 15 of each ter. Nothing in this chapter shall be con- extension, for a period of not more than 90 year to the division of the court. strued as authorizing the withholding of in- days, of the 120-day period referred to in ‘‘(2) QUALIFICATIONS OF INDEPENDENT COUN- formation from the Congress. paragraph (1). The division of the court may, SEL.—The division of the court shall appoint ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—The upon a showing of good cause, grant that ex- as independent counsel an individual who— Attorney General’s determination under this tension. ‘‘(A) has appropriate experience, including, chapter to apply to the division of the court ‘‘(b) DETERMINATION THAT FURTHER INVES- to the extent practicable, prosecutorial expe- TIGATION NOT WARRANTED.— for the appointment of an independent coun- rience and who has no actual or apparent ‘‘(1) NOTIFICATION OF DIVISION OF THE sel shall not be reviewable in any court. personal, financial, or political conflict of in- COURT.—If the Attorney General, upon com- ‘‘(g) CONGRESSIONAL REQUEST.— terest; pletion of a preliminary investigation under ‘‘(1) BY JUDICIARY COMMITTEE OR MEMBERS ‘‘(B) will conduct the investigation on a this chapter, determines that there are no THEREOF.—The Committee on the Judiciary full-time basis and in a prompt, responsible, substantial grounds to believe that further of either House of the Congress, or a major- and cost-effective manner; and investigation is warranted, the Attorney ity of majority party members or a majority ‘‘(C) does not hold any office of profit or General shall promptly so notify the division of all nonmajority party members of either trust under the United States. of the court, and the division of the court such committee, may request in writing that ‘‘(3) SCOPE OF PROSECUTORIAL JURISDIC- shall have no power to appoint an inde- the Attorney General apply for the appoint- TION.— pendent counsel with respect to the matters ment of an independent counsel. ‘‘(A) IN GENERAL.—In defining the inde- involved. ‘‘(2) REPORT BY ATTORNEY GENERAL PURSU- pendent counsel’s prosecutorial jurisdiction ‘‘(2) FORM OF NOTIFICATION.—Notification ANT TO REQUEST.—Not later than 30 days under this chapter, the division of the court under paragraph (1) shall contain a summary after the receipt of a request under para- shall assure that the independent counsel of the information received and a summary graph (1), the Attorney General shall submit, has adequate authority to fully investigate of the results of the preliminary investiga- to the committee making the request, or to and prosecute— tion. the committee on which the persons making ‘‘(i) the subject matter with respect to ‘‘(c) DETERMINATION THAT FURTHER INVES- the request serve, a report on whether the which the Attorney General has requested TIGATION IS WARRANTED.— Attorney General has begun or will begin a the appointment of the independent counsel; ‘‘(1) APPLICATION FOR APPOINTMENT OF INDE- preliminary investigation under this chapter and PENDENT COUNSEL.—The Attorney General of the matters with respect to which the re- ‘‘(ii) all matters that are directly related shall apply to the division of the court for quest is made, in accordance with section to the independent counsel’s prosecutorial the appointment of an independent counsel 591(a). The report shall set forth the reasons jurisdiction and the proper investigation and if— for the Attorney General’s decision regard- prosecution of the subject matter of such ju- ‘‘(A) the Attorney General, upon comple- ing the preliminary investigation as it re- risdiction. tion of a preliminary investigation under lates to each of the matters with respect to ‘‘(B) DIRECTLY RELATED.—In this para- this chapter, determines that there are sub- which the congressional request is made. If graph, the term ‘directly related matters’ in- stantial grounds to believe that further in- there is such a preliminary investigation, cludes Federal crimes, other than those clas- vestigation is warranted; or the report shall include the date on which sified as Class B or C misdemeanors or in- ‘‘(B) the 120-day period referred to in sub- the preliminary investigation began or will fractions, that impede the investigation and section (a)(1), and any extension granted begin. prosecution, such as perjury, obstruction of under subsection (a)(3), have elapsed and the ‘‘(3) SUBMISSION OF INFORMATION IN RE- justice, destruction of evidence, and intimi- Attorney General has not filed a notification SPONSE TO CONGRESSIONAL REQUEST.—At the dation of witnesses. with the division of the court under sub- same time as any notification, application, ‘‘(4) DISCLOSURE OF IDENTITY AND PROSECU- section (b)(1). or any other document, material, or memo- TORIAL JURISDICTION.—An independent coun- In determining under this chapter whether randum is supplied to the division of the sel’s identity and prosecutorial jurisdiction there are substantial grounds to believe that court pursuant to this section with respect may not be made public except upon the re- further investigation is warranted, the At- to a preliminary investigation of any matter quest of the Attorney General or upon a de- torney General shall comply with the writ- with respect to which a request is made termination of the division of the court that ten or other established policies of the De- under paragraph (1), that notification, appli- disclosure of the identity and prosecutorial partment of Justice with respect to the con- cation, or other document, material, or jurisdiction of that independent counsel duct of criminal investigations. memorandum shall be supplied to the com- would be in the best interests of justice. In ‘‘(2) RECEIPT OF ADDITIONAL INFORMATION.— mittee making the request, or to the com- any event, the identity and prosecutorial ju- If, after submitting a notification under sub- mittee on which the persons making the re- risdiction of the independent counsel shall be

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The positions of all such employees are exempted from the competi- independent counsel whose resignation, ‘‘(7) making applications to any Federal tive service. Such employees shall be com- death, or removal caused the vacancy, except court for a grant of immunity to any wit- pensated at levels not to exceed those pay- that in the case of a vacancy arising by rea- ness, consistent with applicable statutory re- able for comparable positions in the Office of son of the removal of an independent coun- quirements, or for warrants, subpoenas, or United States Attorney for the District of sel, the division of the court may appoint an other court orders, and, for purposes of sec- Columbia under sections 548 and 550, but in acting independent counsel to serve until tions 6003, 6004, and 6005 of title 18, exercising no event shall any such employee be com- any judicial review of the removal is com- the authority vested in a United States at- pensated at a rate greater than the rate of pleted. torney or the Attorney General; basic pay payable for level ES–4 of the Sen- ‘‘(e) ATTORNEYS’ FEES.— ‘‘(8) inspecting, obtaining, or using the ior Executive Service Schedule under section ‘‘(1) AWARD OF FEES.—Upon the request of original or a copy of any tax return, in ac- 5382 of title 5, as adjusted for the District of an individual who is the subject of an inves- cordance with the applicable statutes and Columbia under section 5304 of that title re- tigation conducted by an independent coun- regulations, and, for purposes of section 6103 gardless of the locality in which an employee sel pursuant to this chapter, the division of of the Internal Revenue Code of 1986 and the is employed. the court may, if no indictment is brought regulations issued thereunder, exercising the ‘‘(d) ASSISTANCE OF DEPARTMENT OF JUS- against that individual pursuant to the in- powers vested in a United States attorney or TICE.— vestigation, award reimbursement for those the Attorney General; ‘‘(1) IN CARRYING OUT FUNCTIONS.—An inde- reasonable attorneys’ fees incurred by the ‘‘(9) initiating and conducting prosecutions pendent counsel may request assistance from individual during the investigation which in any court of competent jurisdiction, fram- the Department of Justice in carrying out would not have been incurred but for the re- ing and signing indictments, filing informa- the functions of the independent counsel, quirements of this chapter. The division of tions, and handling all aspects of any case, and the Department of Justice shall provide the court shall notify the independent coun- in the name of the United States; and that assistance, which may include access to sel who conducted the investigation and the ‘‘(10) consulting with the United States at- any records, files, or other materials rel- Attorney General of any request for attor- torney for the district in which any violation evant to matters within that independent neys’ fees under this subsection. of law with respect to which the independent counsel’s prosecutorial jurisdiction, and the ‘‘(2) EVALUATION OF FEES.—The division of counsel is appointed was alleged to have oc- use of the resources and personnel necessary the court shall direct the independent coun- curred. to perform that independent counsel’s du- sel and the Attorney General to file a writ- ‘‘(b) COMPENSATION.— ties. At the request of an independent coun- ten evaluation of any request for attorneys’ ‘‘(1) IN GENERAL.—An independent counsel sel, prosecutors, administrative personnel, fees under this subsection, addressing— appointed under this chapter shall receive and other employees of the Department of ‘‘(A) the sufficiency of the documentation; compensation at the annual rate of basic pay Justice may be detailed to the staff of the ‘‘(B) the need or justification for the un- payable for level IV of the Executive Sched- independent counsel to the extent the num- derlying item; ule under section 5315 of title 5. ber of staff so detailed is reasonably related ‘‘(C) whether the underlying item would ‘‘(2) TRAVEL EXPENSES.—Except as provided to the number of staff ordinarily assigned by have been incurred but for the requirements in paragraph (3), an independent counsel and the Department to conduct an investigation of this chapter; and persons appointed under subsection (c) shall of similar size and complexity. ‘‘(D) the reasonableness of the amount of be entitled to the payment of travel expenses ‘‘(2) PAYMENT OF AND REPORTS ON EXPENDI- money requested. as provided by subchapter I of chapter 57 of TURES OF INDEPENDENT COUNSEL.—The De- ‘‘(f) DISCLOSURE OF INFORMATION.—The di- title 5, United States Code, including travel, partment of Justice shall pay all costs relating to the establishment and operation of vision of the court may, subject to section per diem, and subsistence expenses in ac- any office of independent counsel. The Attor- 594(h)(2), allow the disclosure of any notifica- cordance with section 5703 of title 5. tion, application, or any other document, ney General shall submit to the Congress, ‘‘(3) TRAVEL TO PRIMARY OFFICE.— material, or memorandum supplied to the di- not later than 30 days after the end of each ‘‘(A) IN GENERAL.—After 1 year of service fiscal year, a report on amounts paid during vision of the court under this chapter. under this chapter, an independent counsel MICUS CURIAE BRIEFS.—When pre- that fiscal year for expenses of investiga- ‘‘(g) A and persons appointed under subsection (c) sented with significant legal issues, the divi- tions and prosecutions by independent coun- shall not be entitled to the payment of trav- sion of the court may disclose sufficient in- sel. Each such report shall include a state- el, per diem, or subsistence expenses under formation about the issues to permit the fil- ment of all payments made for activities of subchapter I of chapter 57 of title 5, United ing of timely amicus curiae briefs. independent counsel but may not reveal the States Code, for the purpose of commuting identity or prosecutorial jurisdiction of any ‘‘§ 594. Authority and duties of an inde- to or from the city in which the primary of- independent counsel which has not been dis- pendent counsel fice of the independent counsel or person is closed under section 593(b)(4). ‘‘(a) AUTHORITIES.—Notwithstanding any located. The 1-year period may be extended ‘‘(e) REFERRAL OF DIRECTLY RELATED MAT- other provision of law, an independent coun- for successive 6-month periods if the inde- TERS TO AN INDEPENDENT COUNSEL.—An inde- sel appointed under this chapter shall have, pendent counsel and the division of the court pendent counsel may ask the Attorney Gen- with respect to all matters in that inde- certify that the payment is in the public in- eral or the division of the court to refer to pendent counsel’s prosecutorial jurisdiction terest to carry out the purposes of this chap- the independent counsel only such matters established under this chapter, full power ter. that are directly related to the independent and independent authority to exercise all in- ‘‘(B) RELEVANT FACTORS.—In making any counsel’s prosecutorial jurisdiction, and the vestigative and prosecutorial functions and certification under this paragraph with re- Attorney General or the division of the powers of the Department of Justice, the At- spect to travel and subsistence expenses of court, as the case may be, may refer such torney General, and any other officer or em- an independent counsel or person appointed matters. If the Attorney General refers a ployee of the Department of Justice, except under subsection (c), that employee shall matter to an independent counsel on the At- that the Attorney General shall exercise di- consider, among other relevant factors— torney General’s own initiative, the inde- rection or control as to those matters that ‘‘(i) the cost to the Government of reim- pendent counsel may accept that referral specifically require the Attorney General’s bursing those travel and subsistence ex- only if the matter directly relates to the personal action under section 2516 of title 18. penses; independent counsel’s prosecutorial jurisdic- Such investigative and prosecutorial func- ‘‘(ii) the period of time for which the inde- tion. If the Attorney General refers any mat- tions and powers shall include— pendent counsel anticipates that the activi- ter to the independent counsel pursuant to

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the independent counsel’s request, or if the ‘‘(2) DISCLOSURE OF INFORMATION IN RE- associated or becomes associated after ter- independent counsel accepts a referral made PORTS.—The division of the court may re- mination of the service of that independent by the Attorney General on the Attorney lease to the Congress, the public, or any ap- counsel under this chapter may not, for 1 General’s own initiative, the independent propriate person, those portions of a report year following that termination, represent counsel shall so notify the division of the made under this subsection as the division of any person in any matter involving any in- court. the court considers appropriate. The division vestigation or prosecution under this chap- ‘‘(f) COMPLIANCE WITH POLICIES OF THE DE- of the court shall make those orders as are ter. PARTMENT OF JUSTICE.— appropriate to protect the rights of any indi- ‘‘(4) DEFINITIONS.—For purposes of this sub- ‘‘(1) IN GENERAL.—An independent counsel vidual named in that report and to prevent section— shall comply with the written or other estab- undue interference with any pending pros- ‘‘(A) the term ‘firm’ means a law firm lished policies of the Department of Justice ecution. The division of the court may make whether organized as a partnership or cor- respecting enforcement of the criminal laws any portion of a final report filed under para- poration; and except when that policy requires the specific graph (1)(B) available to any individual ‘‘(B) a person is ‘associated’ with a firm if approval of the Attorney General or another named in that report for the purposes of re- that person is an officer, director, partner, or Department of Justice official. If a policy receiving within a time limit set by the divi- other member or employee of that firm. quires the approval of the Attorney General sion of the court any comments or factual ‘‘(5) ENFORCEMENT.—The Attorney General or other Department of Justice official, an information that the individual may submit. and the Director of the Office of Government independent counsel is encouraged to consult Such comments and factual information, in Ethics have authority to enforce compliance with the Attorney General or other official. whole or in part, may, in the discretion of with this subsection. The designated agency To identify and understand these policies the division of the court, be included as an ethics official for the Department of Justice and policies under subsection (l)(1)(B), the appendix to the final report. shall be the ethics adviser for the inde- independent counsel shall consult with the ‘‘(3) PUBLICATION OF REPORTS.—At the re- pendent counsel and employees of the inde- Department of Justice. quest of an independent counsel, the Public pendent counsel. ‘‘(2) NATIONAL SECURITY.—An independent Printer shall cause to be printed any report ‘‘(k) CUSTODY OF RECORDS OF AN INDE- counsel shall comply with guidelines and previously released to the public under para- PENDENT COUNSEL.— procedures used by the Department in the graph (2). The independent counsel shall cer- ‘‘(1) TRANSFER OF RECORDS.—Upon termi- handling and use of classified material. tify the number of copies necessary for the nation of the office of an independent coun- ‘‘(3) RELIEF FROM A VIOLATION OF POLI- public, and the Public Printer shall place the sel, that independent counsel shall transfer CIES.— cost of the required number to the debit of to the Archivist of the United States all ‘‘(A) IN GENERAL.—A person who is a tar- the independent counsel. Additional copies records which have been created or received get, witness, or defendant in, or otherwise di- shall be made available to the public through by that office. Before this transfer, the inde- rectly affected by, an investigation by an the depository library program and Super- pendent counsel shall clearly identify which independent counsel and who has reason to intendent of Documents sales program pur- of these records are subject to rule 6(e) of the believe that the independent counsel is vio- suant to sections 1702 and 1903 of title 44. Federal Rules of Criminal Procedure as lating a written policy of the Department of ‘‘(i) INDEPENDENCE FROM DEPARTMENT OF grand jury materials and which of these Justice material to the independent coun- JUSTICE.—Each independent counsel ap- records have been classified as national secu- sel’s investigation, may ask the Attorney pointed under this chapter, and the persons rity information. Any records which were General to determine whether the inde- appointed by that independent counsel under compiled by an independent counsel and, pendent counsel has violated that policy. subsection (c), are employees of the Depart- upon termination of the independent coun- The Attorney General shall respond in writ- ment of Justice for purposes of sections 202 sel’s office, were stored with the division of ing within 30 days. through 209 of title 18. the court or elsewhere before the enactment ‘‘(B) RELIEF.—If the Attorney General de- ‘‘(j) STANDARDS OF CONDUCT APPLICABLE TO of the Independent Counsel Reauthorization termines that the independent counsel has INDEPENDENT COUNSEL, PERSONS SERVING IN Act of 1987, shall also be transferred to the violated a written policy of the Department THE OFFICE OF AN INDEPENDENT COUNSEL, AND Archivist of the United States by the divi- of Justice material to the investigation by THEIR LAW FIRMS.— sion of the court or the person in possession the independent counsel pursuant to sub- ‘‘(1) RESTRICTIONS ON EMPLOYMENT WHILE of those records. paragraph (A), the Attorney General may INDEPENDENT COUNSEL AND APPOINTEES ARE ‘‘(2) MAINTENANCE, USE, AND DISPOSAL OF ask the division of the court to order the SERVING.— RECORDS.—Records transferred to the Archi- independent counsel to comply with that ‘‘(A) INDEPENDENT COUNSEL.—During the vist under this chapter shall be maintained, policy, and the division of the court may period in which an independent counsel is used, and disposed of in accordance with order appropriate relief. serving under this chapter— chapters 21, 29, and 33 of title 44. ‘‘(g) DISMISSAL OF MATTERS.—The inde- ‘‘(i) that independent counsel shall have no ‘‘(3) ACCESS TO RECORDS.— pendent counsel shall have full authority to other paid employment; and ‘‘(A) IN GENERAL.—Subject to paragraph dismiss matters within the independent ‘‘(ii) any person associated with a firm (4), access to the records transferred to the counsel’s prosecutorial jurisdiction without with which that independent counsel is asso- Archivist under this chapter shall be gov- conducting an investigation or at any subse- ciated may not represent in any matter any erned by section 552 of title 5. quent time before prosecution, if to do so person involved in any investigation or pros- ‘‘(B) ACCESS BY DEPARTMENT OF JUSTICE.— would be consistent with the written or ecution under this chapter. The Archivist shall, upon written applica- other established policies of the Department ‘‘(B) OTHER PERSONS.—During the period in tion by the Attorney General, disclose any of Justice with respect to the enforcement of which any person appointed by an inde- such records to the Department of Justice criminal laws. pendent counsel under subsection (c) is serv- for purposes of an ongoing law enforcement ‘‘(h) REPORTS BY INDEPENDENT COUNSEL.— ing in the office of independent counsel, that investigation or court proceeding, except ‘‘(1) REQUIRED REPORTS.—An independent person may not represent in any matter any that, in the case of grand jury materials, counsel shall— person involved in any investigation or pros- those records shall be so disclosed only by ‘‘(A) file with the division of the court, ecution under this chapter. order of the court of jurisdiction under rule with respect to the 6-month period beginning ‘‘(2) POST EMPLOYMENT RESTRICTIONS ON 6(e) of the Federal Rules of Criminal Proce- on the date of his or her appointment, and INDEPENDENT COUNSEL AND APPOINTEES.— dure. with respect to each 6-month period there- Each independent counsel and each person ‘‘(C) EXCEPTION.—Notwithstanding any re- after until the office of that independent appointed by that independent counsel under striction on access imposed by law, the Ar- counsel terminates, a report which identifies subsection (c) may not— chivist and persons employed by the Na- and explains major expenses, and summa- ‘‘(A) for 3 years following the termination tional Archives and Records Administration rizes all other expenses, incurred by that of- of the service under this chapter of that who are engaged in the performance of nor- fice during the 6-month period with respect independent counsel or appointed person, as mal archival work shall be permitted access to which the report is filed, and estimates fu- the case may be, represent any person in any to the records transferred to the Archivist ture expenses of that office; and matter if that individual was the subject of under this chapter. ‘‘(B) before the termination of the inde- an investigation or prosecution under this ‘‘(4) RECORDS PROVIDED BY CONGRESS.— pendent counsel’s office under section 596(b), chapter that was conducted by that inde- Records of an investigation conducted by a file a final report with the division of the pendent counsel; or committee of the House of Representatives court, setting forth only the following: ‘‘(B) for 1 year following the termination of or the Senate which are provided to an inde- ‘‘(i) the jurisdiction of the independent the service under this chapter of that independent counsel to assist in an investigation counsel’s investigation; pendent counsel or appointed person, as the or prosecution conducted by that inde- ‘‘(ii) a list of indictments brought by the case may be, represent any person in any pendent counsel— independent counsel and the disposition of matter involving any investigation or pros- ‘‘(A) shall be maintained as a separate each indictment, including any verdicts, ecution under this chapter. body of records within the records of the pleas, convictions, pardons, and sentences; ‘‘(3) ONE-YEAR BAN ON REPRESENTATION BY independent counsel; and and MEMBERS OF FIRMS OF INDEPENDENT COUN- ‘‘(B) shall, after the records have been ‘‘(iii) a summary of the expenses of the SEL.—Any person who is associated with a transferred to the Archivist under this chap- independent counsel’s office. firm with which an independent counsel is ter, be made available, except as provided in

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paragraph (3) (B) and (C), in accordance with independent counsel shall have the duty to ‘‘(1) TERMINATION BY ACTION OF INDE- the rules governing release of the records of cooperate with the exercise of that oversight PENDENT COUNSEL.—An office of independent the House of Congress that provided the jurisdiction. counsel shall terminate when— records to the independent counsel. ‘‘(2) REPORTS TO CONGRESS.—An inde- ‘‘(A) the independent counsel notifies the Subparagraph (B) shall not apply to those pendent counsel appointed under this chap- Attorney General that the investigation of records which have been surrendered pursu- ter shall submit to the Congress annually a all matters within the prosecutorial jurisdic- ant to grand jury or court proceedings. report on the activities of the independent tion of the independent counsel or accepted ‘‘(l) COST AND ADMINISTRATIVE SUPPORT.— counsel, including a description of the by the independent counsel under section ‘‘(1) COST CONTROLS.— progress of any investigation or prosecution 594(e), and any resulting prosecutions, have ‘‘(A) IN GENERAL.—An independent counsel conducted by the independent counsel. The been completed or so substantially com- shall— report may omit any matter that in the pleted that it would be appropriate for the ‘‘(i) conduct all activities with due regard judgment of the independent counsel should Department of Justice to complete those infor expense; be kept confidential, but shall provide infor- vestigations and prosecutions; and ‘‘(ii) authorize only reasonable and lawful mation adequate to justify the expenditures ‘‘(B) the independent counsel files a final expenditures; and that the office of the independent counsel report in compliance with section ‘‘(iii) promptly, upon taking office, assign has made. 594(h)(1)(B). ‘‘(2) TERMINATION BY DIVISION OF THE to a specific employee the duty of certifying ‘‘(b) OVERSIGHT OF CONDUCT OF ATTORNEY COURT.—The division of the court, either on that expenditures of the independent counsel GENERAL.—Within 15 days after receiving an are reasonable and made in accordance with inquiry about a particular case under this its own motion or upon the request of the law. chapter, which is a matter of public knowl- Attorney General, may terminate an office of independent counsel at any time, on the ‘‘(B) LIABILITY FOR INVALID CERTIFI- edge, from a committee of the Congress with ground that the investigation of all matters CATION.—An employee making a certification jurisdiction over this chapter, the Attorney within the prosecutorial jurisdiction of the under subparagraph (A)(iii) shall be liable for General shall provide the following informa- independent counsel or accepted by the inde- an invalid certification to the same extent as tion to that committee with respect to the pendent counsel under section 594(e), and any a certifying official certifying a voucher is case: resulting prosecutions, have been completed liable under section 3528 of title 31. ‘‘(1) When the information about the case or so substantially completed that it would ‘‘(C) DEPARTMENT OF JUSTICE POLICIES.—An was received. be appropriate for the Department of Justice independent counsel shall comply with the ‘‘(2) Whether a preliminary investigation is to complete those investigations and pros- established policies of the Department of being conducted, and if so, the date it began. ecutions. At the time of that termination, Justice respecting expenditures of funds. ‘‘(3) Whether an application for the ap- ‘‘(2) BUDGET.—The independent counsel, the independent counsel shall file the final pointment of an independent counsel or a no- report required by section 594(h)(1)(B). If the after consulting with the Attorney General, tification that further investigation is not shall, within 90 days of appointment, submit Attorney General has not made a request warranted has been filed with the division of under this paragraph, the division of the a budget for the first year of the investiga- the court, and if so, the date of that filing. tion and, on the anniversary of the appoint- court shall determine on its own motion ment, for each year thereafter to the Attor- ‘‘§ 596. Removal of an independent counsel; whether termination is appropriate under ney General and the General Accounting Of- termination of office this paragraph no later than 2 years after the appointment of an independent counsel. fice. The General Accounting Office shall re- ‘‘(a) REMOVAL; REPORT ON REMOVAL.— ‘‘(3) TERMINATION AFTER 2 YEARS.— view the budget and submit a written ap- ‘‘(1) GROUNDS FOR REMOVAL.— ‘‘(A) GENERAL RULE.—Except as provided in praisal of the budget to the independent N GENERAL.—An independent counsel ‘‘(A) I subparagraph (B), the term of an inde- counsel and the Committees on Govern- appointed under this chapter may be re- pendent counsel shall terminate at the expi- mental Affairs and Appropriations of the moved from office, other than by impeach- ration of 2 years after the date of appoint- Senate and the Committees on the Judiciary ment and conviction, only by the personal ment of the independent counsel and any and Appropriations of the House of Rep- action of the Attorney General and only for matters under investigation by the inde- resentatives. good cause, physical or mental disability (if pendent counsel shall be transferred to the ‘‘(3) ADMINISTRATIVE SUPPORT.—The Direc- not prohibited by law protecting persons Attorney General. tor of the Administrative Office of the from discrimination on the basis of such a ‘‘(B) EXCEPTIONS.— United States Courts shall provide adminis- disability), or any other condition that im- ‘‘(i) GOOD CAUSE.—An independent counsel trative support and guidance to each inde- pairs the performance of that independent may petition the division of the court to ex- pendent counsel. No officer or employee of counsel’s duties. tend the investigation of the independent the Administrative Office of the United ‘‘(B) GOOD CAUSE.—In this paragraph, the counsel for up to 1 year for good cause. The States Courts shall disclose information re- term ‘good cause’ includes— division of the court shall determine whether lated to an independent counsel’s expendi- ‘‘(i) a knowing and material failure to the grant of such an extension is warranted tures, personnel, or administrative acts or comply with written Department of Justice and determine the length of each extension. arrangements without the authorization of policies relevant to the conduct of a criminal ‘‘(ii) DILATORY TACTICS.—If the investiga- the independent counsel. investigation; and tion of an independent counsel was delayed ‘‘(4) OFFICE SPACE.—The Administrator of ‘‘(ii) an actual personal, financial, or polit- by dilatory tactics by persons that could General Services, in consultation with the ical conflict of interest. provide evidence that would significantly as- Director of the Administrative Office of the ‘‘(2) REPORT TO DIVISION OF THE COURT AND sist the investigation, an independent coun- United States Courts, shall promptly provide CONGRESS.—If an independent counsel is re- sel may petition the division of the court to appropriate office space for each independent moved from office, the Attorney General extend the investigation of the independent counsel. The office space shall be within a shall promptly submit to the division of the counsel for an additional period of time Federal building unless the Administrator of court and the Committees on the Judiciary equal to the amount of time lost by the dila- General Services determines that other ar- of the Senate and the House of Representa- tory tactics. If the division of the court finds rangements would cost less. Until the office tives a report specifying the facts found and that dilatory tactics did delay the investiga- space is provided, the Administrative Office the ultimate grounds for the removal. The tion, the division of the court shall extend of the United States Courts shall provide committees shall make available to the pub- the investigation for a period equal to the newly appointed independent counsels imme- lic that report, except that each committee delay. diately upon appointment with appropriate, may, if necessary to protect the rights of ‘‘(c) AUDITS.— temporary office space, equipment, and sup- any individual named in the report or to pre- ‘‘(1) IN GENERAL.—On or before June 30 of plies. vent undue interference with any pending each year, an independent counsel shall pre- ‘‘(m) EXPEDITED JUDICIAL CONSIDERATION prosecution, postpone or refrain from pub- pare a statement of expenditures for the 6 AND REVIEW.—It shall be the duty of the lishing any or all of the report. The division months that ended on the immediately pre- courts of the United States to advance on of the court may release any or all of the re- ceding March 31. On or before December 31 of the docket and to expedite to the greatest port in accordance with section 594(h)(2). each year, an independent counsel shall pre- extent possible the disposition of matters re- ‘‘(3) JUDICIAL REVIEW OF REMOVAL.—An pare a statement of expenditures for the fis- lating to an investigation and prosecution by independent counsel removed from office cal year that ended on the immediately pre- an independent counsel under this chapter may obtain judicial review of the removal in ceding September 30. An independent counsel consistent with the purposes of this chapter. a civil action commenced in the United whose office is terminated prior to the end of ‘‘§ 595. Congressional oversight States District Court for the District of Co- the fiscal year shall prepare a statement of ‘‘(a) OVERSIGHT OF CONDUCT OF INDE- lumbia. A member of the division of the expenditures on or before the date that is 90 PENDENT COUNSEL.— court may not hear or determine any such days after the date on which the office is ter- ‘‘(1) CONGRESSIONAL OVERSIGHT.—The ap- civil action or any appeal of a decision in minated. propriate committees of the Congress shall any such civil action. The independent coun- ‘‘(2) COMPTROLLER GENERAL REVIEW.—The have oversight jurisdiction with respect to sel may be reinstated or granted other ap- Comptroller General shall— the official conduct of any independent coun- propriate relief by order of the court. ‘‘(A) conduct a financial review of a mid- sel appointed under this chapter, and the ‘‘(b) TERMINATION OF OFFICE.— year statement and a financial audit of a

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12458 CONGRESSIONAL RECORD — SENATE October 3, 2003 year-end statement and statement on termi- than 1 judge may be named to the division of request, at the Committee’s round- nation; and the court from a particular court. table, and in subsequent discussions ‘‘(B) report the results to the Committee ‘‘(d) VACANCY.—Any vacancy in the divi- with Committee staff, the SBA took on the Judiciary, Committee on Govern- sion of the court shall be filled only for the other steps to help make the proposal a remainder of the 3-year period in which that mental Affairs, and Committee on Appro- success. For example, the agency en- priations of the Senate and the Committee vacancy occurs and in the same manner as on the Judiciary, Committee on Government initial assignments to the division of the tered into a contract with Dun & Brad- Reform, and Committee on Appropriations of court were made. street and with Fair, Isaacs, Co., to the House of Representatives not later than ‘‘(e) RECUSAL.—Except as otherwise pro- create a credit scoring model for small 90 days following the submission of each vided in chapter 40 of this title, no member businesses, similar to individual con- statement. of the division of the court who participated sumer credit scores, to help small busi- ‘‘§ 597. Relationship with Department of Jus- in a function conferred on the division of the nesses gauge their credit quality. The tice court under chapter 40 of this title involving scoring model will be an important an independent counsel shall be eligible to ‘‘(a) SUSPENSION OF OTHER INVESTIGATIONS asset to the pooling proposal by pro- participate in any judicial proceeding con- AND PROCEEDINGS.—Whenever a matter is in cerning a matter that— viding uniformity of pricing, thus re- the prosecutorial jurisdiction of an inde- ‘‘(1) involves that independent counsel ducing one obstacle to the pendent counsel or has been accepted by an while the independent counsel is serving in securitization of non-SBA small busi- independent counsel under section 594(e), the that office; or ness loans. The Office of Advocacy of Department of Justice, the Attorney Gen- ‘‘(2) involves the exercise of the inde- the SBA has also helped build support eral, and all other officers and employees of pendent counsel’s official duties, regardless the Department of Justice shall suspend all for the proposal by publicizing the need of whether the independent counsel is still investigations and proceedings regarding to take the foundational steps to build serving in that office.’’. that matter, except to the extent required by a secondary market for small business loans, rather than later trying to cre- section 594(d)(1), and except insofar as the By Ms. SNOWE (for herself, Mr. independent counsel agrees in writing that ate such a market in one step when PRYOR, and Mr. BOND): the investigation or proceedings may be con- economic pressures called for an imme- tinued by the Department of Justice. S. 1713. A bill to amemd title IV of the Small Business Investment Act of diate response. ‘‘(b) PRESENTATION AS AMICUS CURIAE PER- Support for a program to securitize 1958, relating to pilot program for cred- MITTED.—Nothing in this chapter shall pre- small business loans has also been ad- vent the Attorney General or the Solicitor it enhancement guarantees on pools of vocated by the Board of Governors of General from making a presentation as ami- non-SBA loans; to the Committee on cus curiae to any court as to issues of law the Federal Reserve System. In its Sep- Small Business and Entrepreneurship. tember 2002 Report to the Congress on raised by any case or proceeding in which an Ms. SNOWE. Mr. President, I rise the Availability of Credit to Small independent counsel participates in an offi- today to introduce the Small Business Businesses, the Federal Reserve stated cial capacity or any appeal of such a case or Credit Liquidity Act of 2003, and I am proceeding. that the securitization of small busi- pleased to be joined by my colleagues, ‘‘§ 598. Severability ness loans could ‘‘substantially influ- Senator PRYOR and Senator BOND, as ‘‘If any provision of this chapter or the ap- ence the availability of credit’’ to sponsors of this bill. plication thereof to any person or cir- small businesses. The Federal Reserve The genesis of this legislation was a cumstance is held invalid, the remainder of noted that one primary benefit of a proposal made by the Small Business this chapter and the application of that pro- secondary market would be that small Administration. When the President’s vision to other persons not similarly situ- business borrowers could enjoy lower Fiscal Year 2004 budget request was ated or to other circumstances shall not be financing costs. affected by that invalidation. transmitted to the Congress this past In addition to the Federal Reserve re- ‘‘§ 599. Termination of effect of chapter February, it stated that the SBA was port, other studies have shown that ‘‘This chapter shall cease to be effective 5 exploring a possible new approach to small businesses could benefit from an years after the date of enactment of the expand the opportunities of small busi- efficient secondary market for small Independent Counsel Reform Act of 2003, ex- nesses to access capital markets by fa- cept that this chapter shall continue in ef- business loans. Several, including the cilitating the securitization of non- Federal Reserve report, have noted fect with respect to then pending matters be- SBA small business loans, i.e., loans fore an independent counsel that in the judg- that a primary obstacle to a wide- ment of that counsel require the continu- that were not already guaranteed by spread secondary market for small ation until that independent counsel deter- the SBA. Increasing access to capital is business loans has been the lack of mines those matters have been completed.’’. a high priority of small businesses, and standardized information to evaluate SEC. 3. ASSIGNMENT OF JUDGES TO DIVISION TO has been one of the Committee’s prior- and price small business loans effi- APPOINT INDEPENDENT COUNSELS. ities throughout its history. We are al- ciently for resale. As noted, the SBA Section 49 of title 28, United States Code, ways seeking innovative ways to in- has exercised foresight by securing the is amended to reads as follows: crease access to capital for small busi- contract with Dun & Bradstreet and ‘‘§ 49. Assignment of judges to division to ap- nesses, while at the same time meas- Fair, Isaacs to address this problem. point independent counsels uring the cost and risk of loss that the With the information provided by this ‘‘(a) IN GENERAL.—Beginning with the 3- Federal government must incur to fa- new credit-scoring model, the year period commencing on the date of the cilitate such financing. Accordingly, enactment of the Independent Counsel Re- securitization of non-SBA small busi- form Act of 2003, 3 judges shall be assigned we recognized the potential benefits of ness loans will be far more feasible. for each successive 3-year period to a divi- this proposal for small businesses With input from the SBA, small busi- sion of the United States Court of Appeals across the Nation. nesses, and financial firms in hand, and for the District of Columbia to be the divi- At our roundtable on April 30, 2003, having considered many studies regard- sion of the court for the purpose of appoint- the Committee discussed the idea of ing small business credit and the effec- ing independent counsels. The Clerk of the the securitization of non-SBA small tiveness of secondary markets, we in- United States Court of Appeals for the Dis- business loans. The SBA reported that cluded a provision similar to this Act trict of Columbia Circuit shall serve as the it had been exploring this type of pro- in S. 1375, the Small Business Adminis- clerk of the division of the court and shall gram for some time and thought the provide such services as are needed by the di- tration 50th Anniversary Reauthoriza- vision of the court. idea had considerable merit. The agen- tion Act of 2003, which was approved ‘‘(b) OTHER JUDICIAL ASSIGNMENTS.—Except cy was uncertain, however, whether it unanimously by the Committee on as provided in subsection (e), assignment to had the statutory authority to develop July 10, 2003. the division of the court shall not be a bar to and implement such a program, absent Working with Senator PRYOR and other judicial assignments during the term legislative authorization. After the with other colleagues, we endeavored of the division of the court. roundtable, we consulted with the SBA to provide sufficient specificity in the ‘‘(c) DESIGNATION AND ASSIGNMENT.—The and with participants in the small instructions the legislation gives the Chief Justice of the United States shall designate and assign by a lottery of all circuit business financing industry to deter- SBA regarding the pilot program, so as court judges, 3 circuit court judges 1 of mine the program’s appropriate ele- to ensure that the pooling proposal whom shall be a judge of the United States ments. provides the greatest benefit to small Court of Appeals for the District of Colum- In addition to the support the SBA businesses in need of capital while lim- bia, to the division of the court. Not more expressed for the proposal in its budget iting risk to the Federal government.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12459 Unfortunately, despite all the hard more loans and to provide better terms on any loan pool at a maximum of 25 work and input from the SBA and from to borrowers on those loans. percent of the value of the securities other participants in the small busi- As Chair of the Committee on Small issued for that loan pool. In contrast, ness financing industry, some appar- Business, I realize that access to credit the SBA’s guarantees for the 7(a) and ently either failed to recognize or unfor small businesses is often a chal- 504 loan programs are as high as 90 per- derstand the benefits for small busi- lenge. The Committee has consistently cent and 40 percent, respectively, of nesses that exist in this idea that origi- found that encouraging more lending each loan in those programs. Moreover, nated with the SBA. In the interest of to small businesses that have a likeli- in the 504 loan program the SBA is in expediting the passage of S. 1375 before hood to succeed, grow, and create new a first-loss position, sustaining the loss the SBA’s authorizing legislation ex- jobs is a sound national policy. The of its full guaranteed amount on a de- pired, I reluctantly removed that pro- pilot program takes advantage of the faulted loan before the private lender vision from S. 1375 to focus on those successful example of the prior incurs any loss, whereas in the pilot elements of the bill that had to be en- securitizations of SBA small business program the SBA will be in a second- acted before the legislation expired. I loans, and of changes in the investment loss position. continue to appreciate the benefits of community, to facilitate lending in the In addition, the bill requires that this proposal, and I am now intro- small business community for years to firms licensed as loan poolers adhere to ducing this provision as a separate bill. come. certain standards, such as being well- With the support this proposal already This pilot program is not a departure capitalized and maintaining sufficient has, I am confident we can implement from the SBA’s current practice of reserves. The bill also provides that the this innovative program, and I look guaranteeing loans and regulating the SBA will set standards for the licensed forward to the benefits it can provide securitization of those loans. The SBA poolers and will review these entities as we try to assist small businesses to already regulates the securitization of annually to verify that they are con- prosper, create more jobs, and pull the both guaranteed portions of 7(a) and forming with SBA requirements. economy out of its current doldrums. 504 loans to small businesses and non- Among the requirements the SBA The Small Business Credit Liquidity guaranteed portions of the same loans. would establish for such loan poolers would be standards relating to loan de- Act of 2003 authorizes the Small Busi- These loans are made both by Feder- linquency, default, liquidation, and ness Administration (SBA) to develop ally-regulated lenders and by lenders loss rates. If any licensed loan pooler and implement an innovative three- that are not federally regulated. In Fis- fails to meet the SBA’s standards, the year pilot program to facilitate the cal Year 2002, the SBA regulated the SBA may terminate the pooler’s par- securitization of small business loans securitization of $3.4 billion in govern- in order to increase the liquidity of ticipation in the pilot program. ment-guaranteed 7(a) loans to small To ensure that the pilot program is capital available to small businesses. businesses. When the guaranteed por- initially implemented on a manageable Under the pilot program, the SBA tions of the 7(a) loans are securitized scale, the legislation specifies that no could provide partial guarantees on separately from the non-guaranteed individual loan pool created by a li- pools of securitized small business portions, the SBA is guaranteeing 100 censed pooler will exceed $350 million loans that are not otherwise guaran- percent of the loan pools. in loans in fiscal year 2004, $400 million teed by the SBA. The legislation seeks This bill authorizes a pilot program in loans in fiscal year 2005, or $450 mil- to increase capital available to small with a much more modest SBA involve- lion in loans in fiscal year 2006. The bill businesses, without creating additional ment than is represented by the SBA’s also specifies that the SBA’s total risk for the government since the current financing programs. Under the guarantees under the pilot program SBA’s guarantees would be paid for by pilot program, financial firms approved will not exceed $2.1 billion for fiscal fees charged to the financial firms ad- by the SBA would pool loans not indi- year 2004, $3.25 billion for fiscal year ministering the pooling of loans, and vidually guaranteed by the SBA. These 2005, or $4.5 billion for fiscal year 2006. thus no appropriations will be nec- pooling entities would then issue secu- Finally, this legislation requires essary. rities offering returns based upon the three separate types of reports to en- I believe this pilot program has a returns from the loans in the pool. The sure that the pilot program is properly great potential to provide increased ac- securities would be rated by a rating monitored and evaluated. First, the cess to capital on terms that are bene- agency and sold to investors. SBA must provide to the Senate and ficial to small businesses. The pilot The pooling entities, also known as House Committees on Small Business a program will also allow lenders, includ- ‘‘loan poolers,’’ would also offer a par- report detailing the pooling program ing small lenders such as community tial ‘‘first-loss’’ guarantee to investors before it is implemented, and wait 50 banks, to utilize their capital better, on the securities’ returns. If the loans days after submitting the report before and make more loans available to had insufficient returns to pay the ex- implementing the program. In addi- small businesses on better terms, by pected returns on the securities, the tion, the SBA must file with the Con- increasing the liquidity of existing pooling entities’ guarantees would be gress, in the SBA’s Budget Request and loans. the first guarantees called into per- Performance Plan, an annual report The pooling structure is based on formance to pay investors. The SBA about the program’s performance. To similar arrangements for home mort- would issue partial, not complete, ‘‘sec- strengthen the on-going oversight of gages, credit card loans, and car loans, ond-loss’’ guarantees on the return the pilot program, the bill also speci- which have active secondary markets from the securities, but not on indi- fies that the SBA’s annual report to based upon their pooling and vidual loans within the pool. The agen- Congress will include information securitization. The increased liquidity cy’s guarantees would thus be available about the pooled loans, including delin- of loans provided by a secondary mar- only after the first-loss guarantees of- quency, default, loss, and recovery ket allows lenders to be confident that fered by the loan poolers are ex- rates. Third, the GAO is required to the loans they make can be sold to in- hausted. study the program once implemented, vestors, so that the lenders can utilize Significantly, the cost of the SBA and report on the program’s perform- again capital that is otherwise locked guarantees will be fully funded by fees ance, including any effects the program into existing loans. In addition, be- paid by the loan poolers, so no Federal may have on the 504 or 7(a) programs, cause lenders receive a quick ‘‘turn- appropriations will be necessary. The before calendar year 2006. around’’ on the loans that they make bill provides that the SBA will adjust My Small Business Committee has and then sell to investors, the profit the fees required from the poolers received expressions of support for the that the lenders receive from the inter- under the pilot program annually, as pilot program from representatives of est rates charged to borrowers becomes necessary. thousands of small businesses that be- less important for the lenders, who can The legislation also includes other lieve the program could improve access receive a smaller per-loan profit, but provisions to ensure that the pilot pro- to capital, and could improve the terms increase the number of loans they gram will not lead to increased risk or of loans received, for many small busi- make, and thereby receive a greater liability for the government. In par- nesses, particularly those without sig- profit. Lenders are thus able to make ticular, it caps the SBA’s guarantees nificant real estate property to use as

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12460 CONGRESSIONAL RECORD — SENATE October 3, 2003 collateral. In particular, support for I ask unanimous consent that the ‘‘PART C—CREDIT ENHANCEMENT GUARANTEES the program has been expressed by mi- text of the bill and a summary of its ‘‘SEC. 420. (a)(1) The Administration is au- nority-owned small businesses and by provision be printed in the RECORD. thorized, upon such terms and conditions as women-owned small businesses. For There being no objection, the addi- it may prescribe, in order to encourage lend- these small businesses, which often tional material was ordered to be ers to increase the availability of small business financing by improving such lenders’ ac- printed in the RECORD, as follows: have less real estate collateral than cess to reasonable sources of funding, to pro- other small businesses, this pilot pro- SMALL BUSINESS CREDIT LIQUIDITY ACT OF vide a credit enhancement guarantee, or gram holds great potential for creating 2003 commitment to guarantee, of the timely capital resources to meet their financ- SUMMARY OF PROVISIONS payment of a portion of the principal and in- ing needs. The Small Business Credit Liquidity Act of terest on securities issued and managed by For instance, a recent study by the 2003 authorizes the Small Business Adminis- not less than 2 qualified entities authorized tration (SBA) to develop a three-year pilot and approved by the Administration. SBA’s Office of Advocacy, issued in program to facilitate the securitization of ‘‘(2) The entities authorized under this sub- September 2003, reveals that small small business loans, and thereby improve section to act as issuers and managers of businesses owned by women are more the opportunities for small businesses to ob- pools or trusts of loans shall be well-capital- likely than other small businesses to tain capital by increasing the liquidity of ized, as defined by the Administration, and rely on expensive personal credit cards small business loans. shall maintain sufficient reserves to allow to finance the business, rather than Under the pilot program: securities to be issued representing interests Financial firms, after being licensed by the in each pool or trust that are rated as invest- more traditional types of loans. For SBA, would create ‘‘pools’’ of conventional these small businesses, an increase in ment grade by a nationally-recognized rating small business loans, i.e., small business agency. the availability of traditional business loans not individually guaranteed by the ‘‘(3) The authority of the entities author- loans, with lower financing costs and SBA. ized under this subsection shall be reviewed on terms beneficial to the borrowers, These financial firms, also known as ‘‘loan annually by the Administration and may be would be a welcome development. poolers,’’ would then issue securities, rated renewed upon the satisfactory completion of by rating agencies, which would offer returns such review. In addition, the same study showed based upon the returns from the loans in the that minority-owned small businesses, ‘‘(4) The Administration shall set and pools. The securities would be sold to private maintain standards for entities authorized in addition to being less likely than investors. under this subsection, including standards The loan poolers would offer partial ‘‘first- other small businesses to obtain credit, relating to delinquency, default, liquidation, loss’’ guarantees to investors on the securi- were far less likely to obtain their and loss rates. credit from traditional Federally regu- ties’ returns (i.e., on the pools themselves, ‘‘(5) If an entity authorized under this sub- rather than on individual loans). If the loans lated depository institutions, and were section fails to meet the standards set pursu- had insufficient returns to pay the expected ant to paragraph (4), the Administration more likely to resort to financing their returns on the securities, the pooling enti- businesses through sources such as may terminate the entity’s participation in ties’ guarantees would be the first guaran- the pilot program under this subsection. family, friends, and acquaintances of tees called into performance to pay inves- ‘‘(b)(1)(A) The Administration may provide the business owners. While this bill tors. its credit enhancement guarantees in respect does not address subjective lender be- The SBA would issue additional guaran- of securities that represent interests in, or havior, it does address the objective tees, on the pools rather than on individual other obligations issued by, a trust, pool, or loans, that would be in a ‘‘second loss’’ posi- cost/profit opportunity presented to a other entity whose assets (other than the tion, meaning that the private investors Administration’s credit enhancement guar- lender by a loan to a small business, in- would receive the full first-loss guarantees cluding a minority-owned or women- antee and credit enhancements provided by from the loan poolers before any SBA guar- other parties) consist of loans made to small owned small business. If a lender is antee was applied. The SBA’s second-loss business concerns. able to sell a conventional small busi- guarantees for each pool would be limited to ‘‘(B) As used in this paragraph, the term ness loan in an efficient secondary 25 percent of the size of that pool. ‘small business concern’ has the meaning market, the potential downside cost of The SBA’s second-loss guarantees would be given that term in either the Small Business funded exclusively through fees paid by loan Act (15 U.S.C. 631 et seq.) or this Act (15 the loan to the lender, e.g., its default poolers, and would therefore require no ap- risk, is decreased, and the lender is as- U.S.C. 661 et seq.). propriated funds. ‘‘(2) The credit enhancement guarantees sured that its capital will still be avail- The SBA would be required to report its provided by the Administration under para- plan for the program to the Senate and able for other loans. graph (1) shall be second-loss guarantees House Committees on Small Business before Financial firms currently involved in that are only available after the full pay- implementing the program. The SBA would the pooling and securitization of loans ment of credit enhancement guarantees of- also be required to file with the Congress, in fered by the entities authorized to act as issued in the SBA’s two primary loan the agency’s Budget Request and Perform- issuers and managers of pools or trusts of guaranty programs, under Section 7(a) ance Plan, an annual report about the proof the Small Business Act (‘‘7(a) loans under this section. gram’s performance. In addition, the General ‘‘(3) A pool or trust of loans shall not be el- loans’’) and under Section 504 of the Accounting Office (GAO) would be required igible for guarantees under this section— Small Business Investment Act of 1958 to study the pilot program after it began and ‘‘(A) if the value of such loans exceeds (‘‘504 loans’’), have also expressed their analyze its results. $350,000,000 in fiscal year 2004; To ensure that the pilot program is ini- support for the program, and have stat- ‘‘(B) if the value of such loans exceeds tially implemented on a manageable scale, ed their belief that it will increase $400,000,000 in fiscal year 2005; or loan pools under the pilot program would ‘‘(C) if the value of such loans exceeds small businesses’ access to effective have maximum individual sizes beginning at capital. $450,000,000 in fiscal year 2006. $350 million for fiscal year 2004 and increas- ‘‘(4) All loans under paragraph (1) shall be In closing, the Small Business Credit ing to $450 million for fiscal year 2006. In ad- originated, purchased, or assembled and Liquidity Act of 2003 is an innovative dition, the SBA’s guarantees would be lim- managed consistent with requirements pre- approach to a persistent problem for ited to maximum amounts of $2.1 billion for scribed by the Administration in connection small businesses in this country—ac- fiscal year 2004, $3.25 billion for fiscal year with this credit enhancement guarantee pro- 2005, and $4.5 billion for fiscal year 2006. cess to capital. I believe it has the po- gram. The program will sunset at the end of fis- ‘‘(5) The Administration shall prescribe re- tential to address this problem for cal year 2006 unless it is reauthorized by small businesses with effectively no quirements to be observed by the issuers and Congress. managers of the securities covered by credit risk to the Federal Government. At a S. 1713 enhancement guarantees to ensure the safe- time when our small enterprises are Be it enacted by the Senate and House of Rep- ty and soundness of the credit enhancement helping to lead the country back onto resentatives of the United States of America in guarantee program. the road to economic recovery, we Congress assembled, ‘‘(c) The full faith and credit of the United should be doing all we can to eliminate SECTION 1. SHORT TITLE. States is pledged to the payment of all obstacles facing small businesses, This Act may be cited as the ‘‘Small Busi- amounts the Administration may be re- which hold the greatest potential for ness Credit Liquidity Act of 2003’’. quired to pay as a result of credit enhance- SEC. 2. PILOT PROGRAM FOR GUARANTEES ON ment guarantees under this section. job creation in America today. This POOLS OF NON-SBA LOANS. ‘‘(d)(1) The Administration may issue cred- bill is an important step in that direc- Title IV of the Small Business Investment it enhancement guarantees in an amount— tion, and I urge my colleagues to join Act of 1958 (15 U.S.C. 692 et seq.) is amended ‘‘(A) not to exceed $2,100,000,000 in fiscal me in supporting its enactment. by adding at the end the following: year 2004;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12461 ‘‘(B) not to exceed $3,250,000,000 in fiscal This bill was introduced earlier this sion in my bill to raise the loan limits year 2005; and year by Congressmen GARY MILLER (R– for high cost areas. I am reintroducing ‘‘(C) not to exceed $4,500,000,000 in fiscal CA) and BARNEY FRANK (D–MA) and that portion of my bill gain, with the year 2006. ‘‘(2) The Administration shall set the per- was recently approved by the House Fi- hope that two years later, we can fi- centage and priority of each credit enhance- nancial Services Committee. nally achieve the increases we need to ment guarantee on issued securities at a The Multifamily Housing Loan Limit make the FHA multifamily programs level not to exceed 25 percent of the value of Adjustment Act of 2003 is supported by succeed in all our communities, par- the securities so that the amount of the Ad- housing and community advocates and ticularly in those high costs areas that ministration’s anticipated net loss (if any) as has also been endorsed by the National so desperately need additional afford- a result of such guarantee is fully reserved in Association of Home Builders, the Na- able rental housing. a credit subsidy account funded wholly by tional Association of Realtors, the There is currently no HUD program fees collected by the Administration from Mortgage Bankers Association, the designed to provide rental housing for the issuers or managers of the pool or trust. ‘‘(3) The Administration shall charge and Manufactured Housing Institute, and working families from 60 percent to 100 collect a fee from the issuer based on the Ad- the National Affordable Housing Man- percent of median income who are un- ministration’s guaranteed amount of issued agement Association. able to find decent, affordable housing securities, and the amount of such fee shall The Federal Housing Administra- near where they work. Yet, the most equal the estimated credit subsidy cost of tion’s Multifamily Housing programs recent Census data reveals that these the Administration’s credit enhancement are among HUD’s most successful. The working families, including vital mu- guarantee. Federal Government has tried a num- nicipal workers like teachers and po- ‘‘(4) The fees provided for under this sub- ber of different approaches to providing section shall be adjusted annually, as nec- lice officers, are increasingly vulner- essary, by the Administration. housing over the last 50 years. The able and the lack of decent, affordable ‘‘(5) The Federal government shall not ap- most successful of these rely heavily housing is increasingly being seen as a propriate any funds to finance credit en- on a public/private partnership that en- significant impediment to local eco- hancement guarantees under this section. courages the private sector to produce nomic growth. This is one reason why ‘‘(e) REPORT AND ANALYSIS.— housing with support from the Federal the FHA multifamily programs are so ‘‘(1) REPORT.— Government. The FHA mortgage insur- important. ‘‘(A) IN GENERAL.—During the development ance programs have been extremely Without this much-needed adjust- and implementation of the pilot program, the Administrator shall submit a report on successful in producing new and reha- ment to the FHA multifamily loan lim- the status of the pilot program under this bilitated housing with little or no cost its, access to affordable housing for our section to Congress in each annual budget to the Federal Government. working-citizens will continue to lag, request and performance plan. As you know, rising construction thousands of more families will join ‘‘(B) CONTENTS.—The report submitted costs have resulted in a shortage of the 14 million people who currently under subparagraph (A) shall include, among moderately priced affordable rental face severe housing needs and our na- other items, information about the loans in units. Rent increases now exceed infla- tion’s economy will suffer. the pools or trusts, including delinquency, tion in all regions of the country, and I hope my Senate colleagues will sup- default, loss, and recovery rates. new affordable rental units have be- port the legislation and help ensure ‘‘(2) ANALYSIS AND REPORT.—Not later than December 30, 2005, the Comptroller General come increasingly harder to find. Be- that America’s working families have shall— cause of the current dollar limits on access to affordable housing. ‘‘(A) conduct an analysis of the pilot pro- loans, FHA insurance cannot be used to I ask unanimous consent that the gram under this section; and help finance construction in high-cost text of the legislation be printed in the ‘‘(B) submit a report to Congress that con- urban areas such as the New York/New RECORD. tains a summary of the analysis conducted Jersey metropolitan area, Philadelphia There being no objection, the mate- under subparagraph (A) and a description of and San Francisco. rial was ordered to be printed in the any effects, not attributable to other causes, HUD statistics demonstrate this—in RECORD, as follows: of the pilot program on the lending programs under section 7(a) of the Small Business Act 2002 and 2003, no multifamily loans S. 1714 (15 U.S.C. 636(a)) and title V of this Act. have been FHA insured in New York Be it enacted by the Senate and House of Rep- ‘‘(3) IMPLEMENTATION.— City, Philadelphia, Los Angeles, Se- resentatives of the United States of America in ‘‘(A) REPORT.—After completing oper- attle, Massachusetts, or New Jersey. Congress assembled, ational guidelines to carry out the pilot pro- Increasing the limits on loans for SECTION 1. SHORT TITLE. gram under this section, the Administration rental housing would create more in- This Act may be cited as the ‘‘FHA Multi- shall submit a report, which describes the centives for public/private investment family Loan Limit Adjustment Act of 2003’’. method in which the pilot program will be in communities through America and SEC. 2. MAXIMUM MORTGAGE AMOUNT LIMIT implemented, to— FOR MULTIFAMILY HOUSING IN ‘‘(i) the Committee on Small Business and spur the new production of cooperative HIGH-COST AREAS. Entrepreneurship of the Senate; and housing projects, rental housing for the Sections 207(c)(3)(B), 213(b)(2)(B)(i), ‘‘(ii) the Committee on Small Business of elderly and new construction or sub- 220(d)(3)(B)(iii)(II), 221(d)(3)(ii)(II), the House of Representatives. stantial rehabilitation of apartments 221(d)(4)(ii)(II), 231(c)(2)(B), and 234(e)(3)(B) of ‘‘(B) TIMING.—The Administration shall by for- and non-profit entities. the National Housing Act (12 U.S.C. not implement the pilot program under this The National Association of Home 1713(c)(3)(B), 1715e(b)(2)(B)(i), section until the date that is 50 days after Builders estimates that increasing the 1715k(d)(3)(B)(iii)(II), 1715l(d)(3)(ii)(II), the report has been submitted under sub- 1715l(d)(4)(ii)(II), 1715v(c)(2)(B)), and limits in high cost areas will allow for 1715y(e)(3)(B)) are each amended— paragraph (A). an additional 6,000 units of rental hous- ‘‘(f) SUNSET PROVISION.—This section shall (1) by striking ‘‘110 percent’’ and inserting remain in effect until September 30, 2006.’’. ing to be built each year in the cities ‘‘170 percent’’; and limited by the current law. These 6,000 (2) by striking ‘‘140 percent’’ and inserting By Mr. CORZINE: units will generate $318 million in new ‘‘170 percent’’. S. 1714. A bill to amend the National income to the residents and businesses SEC. 3. CATCH-UP ADJUSTMENTS TO CERTAIN Housing Act to increase the maximum in these cities, $38 million in added rev- MAXIMUM MORTGAGE AMOUNT LIM- ITS. mortgage amount limit for FHA-in- enues to the local governments, and (a) SECTION 207 LIMITS.—Section sured mortgages for multifamily hous- 6,720 new jobs. Over a ten year period, 207(c)(3)(A) of the National Housing Act (12 ing located in high-cost areas; to the the cumulative effects of the addi- U.S.C. 1713(c)(3)(A)) is amended by striking Committee on Banking, Housing, and tional building will contribute $9 bil- ‘‘$11,250’’ and inserting ‘‘$17,460’’. Urban Affairs. lion in new income to the cities where (b) SECTION 213 LIMITS.—Section Mr. CORZINE. Mr. President, today I the limits currently constrain new 213(b)(2)(A) of the National Housing Act (12 am introducing legislation, the FHA rental production. U.S.C. 1715e(b)(2)(A)) is amended— Multifamily Housing Loan Limit Ad- While Congress approved legislation I (1) by striking ‘‘$38,025’’ and inserting ‘‘$41,207’’; justment Act of 2003, that will improve introduced in 2001 to increase the stat- (2) by striking ‘‘$42,120’’ and inserting access to affordable housing for fami- utory limits for FHA-insured multi- ‘‘$47,511’’; lies living in high cost areas where family project loans to account for in- (3) by striking ‘‘$50,310’’ and inserting there is a shortage of such housing. flation, we failed to act on a key provi- ‘‘$57,300’’;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12462 CONGRESSIONAL RECORD — SENATE October 3, 2003 (4) by striking ‘‘$62,010’’ and inserting The FHA’s multifamily mortgage insur- This Demonstration Project is inte- ‘‘$73,343’’; ance programs enable qualified borrowers to gral to the continued success of Self (5) by striking ‘‘$70,200’’ and inserting obtain long-term, fixed-rate, nonrecourse, fi- Governance for Indians, as there re- ‘‘$81,708’’; nancing for a variety of multifamily prop- main many non-BIA programs with the (6) by striking ‘‘$49,140’’ and inserting erties that are affordable to low- and mod- ‘‘$49,710’’; erate-income families. This public/private Department that affect the ability of (7) by striking ‘‘$60,255’’ and inserting partnership has resulted in a successful pro- Indian tribes to better serve their ‘‘$60,446’’; gram providing housing for a portion of the members. (8) by striking ‘‘$75,465’’ and inserting population not usually served by private in- I urge my colleagues to join me in ‘‘$78,197’’; and dustry alone. In addition to serving a valu- supporting this important bill. (9) by striking ‘‘$85,328’’ and inserting able purpose, according to recent calcula- I ask unanimous consent that the ‘‘$85,836’’. tions by HUD and OMB indicate that vir- text of the bill be printed in the NAHMA, NATIONAL AFFORDABLE tually all of the FHA multifamily insurance RECORD. HOUSING MANAGEMENT ASSOCIATION, programs operate on a break-even basis or Alexandria, VA, October 2, 2003. raise revenue for the government. There being no objection, the bill was Hon. JON S. CORZINE. Without higher FHA multifamily loan lim- ordered to be printed in the RECORD, as U.S. Senate, 502 Senate Hart Building, Wash- its in high-cost markets, critical housing follows: ington, DC. needs will go unmet. Those who will be most S. 1715 DEAR SENATOR CORZINE: I am writing to affected will include low- and moderate-in- Be it enacted by the Senate and House of Rep- convey the National Affordable Housing come families, including important commu- resentatives of the United States of America in Management Association’s (NAHMA) strong nity service providers such as teachers, fire- Congress assembled, support for the FHA Multifamily Housing fighters, and police officers. By increasing SECTION 1. SHORT TITLE. Loan Limit Adjustment Act. the maximum loan limit for FHA’s multi- This Act may be cited as the ‘‘Department NAHMA represents owners and individuals family programs, these programs can help of the Interior Tribal Self-Governance Act of involved with the management of affordable provide the housing opportunities necessary 2003’’. multifamily housing developments. Afford- for the economic and social well being of our able properties owned and managed by Nation. We applaud your efforts to increase SEC. 2. AMENDMENT. NAHMA members are subject to the regula- the availability of affordable housing in our The Indian Self-Determination and Edu- tions of federal agencies including the U.S. Nation’s high-cost areas. cation Assistance Act is amended by striking Department of Housing and Urban Develop- title IV (25 U.S.C. 458aa et seq.) and inserting ment, the U.S. Rural Housing Service, and By Mr. CAMPBELL (for himself the following: the Internal Revenue Service. NAHMA mem- and Mr. INOUYE): ‘‘TITLE IV—TRIBAL SELF-GOVERNANCE bers provide quality affordable housing to more than two million Americans with very S. 1715. A bill to amend the Indian ‘‘SEC. 401. DEFINITIONS. low and moderate incomes. Executives of Self-Determination and Education As- ‘‘In this title: property management companies, owners of sistance Act to provide further self- ‘‘(1) COMPACT.—The term ‘compact’ means affordable rental housing, public agencies governance by Indian tribes; to the a compact under section 404. and vendors that serve the affordable hous- Committee on Indian Affairs. ‘‘(2) CONSTRUCTION PROGRAM.—The term ing industry constitute NAHMA’s member- ‘construction program’ means a tribal under- Mr. CAMPBELL. Mr. President, taking to complete any or all included pro- ship. today I am pleased to be joined by Sen- The FHA multifamily insurance programs grams relating to the administration, plan- are an important component of any afford- ator INOUYE in introducing the Depart- ning, environmental determination, design, able housing strategy. Your legislation, ment of Interior Tribal Self Govern- construction, repair, improvement, or expan- which increases the maximum Federal Hous- ance Amendments of 2003, a bill that is sion of roads, bridges, buildings, structures, ing Administration (FHA) multifamily mort- a companion to the bill we introduced systems, or other facilities for purposes of gage loan limits in high cost areas from 110 yesterday, the Department of Health housing, law enforcement, detention, sanita- to 170 percent above the base loan limits, and Human Services Tribal Self Gov- tion, water supply, education, administra- will help increase the availability of afford- tion, community health, irrigation, agri- ernance Amendments of 2003. culture, conservation, flood control, trans- able housing for low-to-moderate income Taken together, these bills will families. This bill will encourage production portation, or port facilities or for other trib- of multifamily developments in some of the strengthen the government-to-govern- al purposes. most expensive areas in the nation—where ment relationship between the United ‘‘(3) CONSTRUCTION PROJECT.—The term affordable housing is often desperately need- States and Indian tribes by shep- ‘construction project’ means a tribal under- ed. herding in the next phase of Indian Self taking that constructs 1 or more roads, NAHMA is pleased to offer its strong sup- Governance. bridges, buildings, structures, systems, or port for the FHA Multifamily Housing Loan Due to the Federal reservation status other facilities for purposes of housing, law enforcement, detention, sanitation, water Limit Adjustment Act. I look forward to of Indian lands, the Department of the working with you to advance this important supply, education, administration, commu- legislation. Interior, among all Federal agencies, nity health, irrigation, agriculture, con- Sincerely, has historically had the most signifi- servation, flood control, transportation, or KRIS COOK, CAE, cant impact on the lives of Indians. port facilities or for other tribal purposes. Executive Director. This longstanding relationship with ‘‘(4) DEPARTMENT.—The term ‘Department’ Indian tribes has often been stormy, means the Department of the Interior. NATIONAL ASSOCIATION OF REAL- with Federal bureaucrats providing all ‘‘(5) FUNDING AGREEMENT.—The term ‘fund- TORS, NATIONAL ASSOCIATION OF or nearly all services to Indian tribes ing agreement’ means a funding agreement under section 405(b). HOME BUILDERS, MORTGAGE BANK- and their members, including police, ERS ASSOCIATION, ‘‘(6) GROSS MISMANAGEMENT.—The term October 2, 2003. fire, education and health care serv- ‘gross mismanagement’ means a significant Hon. JON S. CORZINE, ices. violation, shown by clear and convincing evi- Hart Senate Office Building, The Federal-tribal relationship took dence, of a compact, funding agreement, or Washington, DC. a decided turn for the better in 1975 statutory or regulatory requirement applica- DEAR SENATOR CORZINE: On behalf of the with the enactment of the Indian Self ble to Federal funds transferred to an Indian membership of our associations who rep- Determination and Education Assist- tribe by a compact or funding agreement resent the home buying, home building, and ance Act of 1975, Pub. L. 93–638. Since that results in a significant reduction of home financing industries, we are writing in funds being made available for the included support of legislation you intend to intro- passage of Pub. L. 93–638, Congress has programs assumed by an Indian tribe. duce to increase the Federal Housing Admin- systematically devolved to Indian ‘‘(7) INCLUDED PROGRAM.—The term ‘in- istration (FHA) multifamily loan limits in tribes the authority and responsibility cluded program’ means a program that is eli- high-cost areas. Over the past 2 years, Con- to manage Federal programs within gible for inclusion under a funding agree- gress and the Administration have taken the Bureau of Indian Affairs and the ment (including any portion of such a pro- steps to update the FHA multifamily loan Indian Health Service. gram and any function, service, or activity limits. However, one final hurdle remains The bill I am introducing today will performed under such a program). since the current maximum FHA multi- expand the provisions of Self Govern- ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, family mortgage limits are inadequate and in a case in which an Indian tribe authorizes continue to constrain new construction and ance within the Department of the In- another Indian tribe, an inter-tribal consor- rehabilitation in many urban and suburban terior by creating a Demonstration tium, or a tribal organization to plan for or areas, where construction costs are signifi- Project within the Department of the carry out an included program on its behalf cantly higher than in the rest of the country. Interior for non-BIA programs. in accordance with section 403(a)(3), includes

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12463 the other authorized Indian tribe, inter-trib- inter-tribal consortium or tribal organiza- ‘‘(3) demonstrate, for the 3 fiscal years pre- al consortium, or tribal organization. tion shall not affect the eligibility of the ceding the date on which the Indian tribe re- ‘‘(9) INHERENT FEDERAL FUNCTION.—The inter-tribal consortium or tribal organiza- quests participation, financial stability and term ‘inherent Federal function’ means a tion to participate in self-governance on be- financial management capability as evi- Federal function that cannot legally be dele- half of 1 or more other Indian tribes. denced by the Indian tribe’s having no uncor- gated to an Indian tribe. ‘‘(D) WITHDRAWAL PROCESS.— rected significant and material audit excep- ‘‘(10) INTER-TRIBAL CONSORTIUM.— ‘‘(i) IN GENERAL.—An Indian tribe may tions in the required annual audit of its self- ‘‘(A) IN GENERAL.—The term ‘inter-tribal fully or partially withdraw from a partici- determination or self-governance agree- consortium’ means a coalition of 2 more sep- pating inter-tribal consortium or tribal orga- ments with any Federal agency. arate Indian tribes that join together for the nization its tribal share of any included pro- ‘‘(c) PLANNING PHASE.— purpose of participating in self-governance. gram that is included in a compact or fund- ‘‘(1) IN GENERAL.—An Indian tribe seeking ‘‘(B) INCLUSION.—The term ‘inter-tribal or- ing agreement. to participate in self-governance shall com- ganization’ includes a tribal organization. ‘‘(ii) EFFECTIVE DATE.— plete a planning phase in accordance with ‘‘(11) SECRETARY.—The term ‘Secretary’ ‘‘(I) IN GENERAL.—A withdrawal under this subsection. means the Secretary of the Interior. clause (i) shall become effective on the date ‘‘(2) ACTIVITIES.—The planning phase— ‘‘(12) SELF-GOVERNANCE.—The term ‘self- specified in the resolution that authorizes ‘‘(A) shall be conducted to the satisfaction governance’ means the program of self-gov- transfer to the participating tribal organiza- of the Indian tribe; and ernance established under section 402. tion or inter-tribal consortium. ‘‘(B) shall include— ‘‘(13) TRIBAL SHARE.—The term ‘tribal ‘‘(II) NO SPECIFIED DATE.—In the absence of ‘‘(i) legal and budgetary research; and share’ means an Indian tribe’s portion of all a date specified in the resolution, the with- ‘‘(ii) internal tribal government planning funds and resources that support secretarial drawal shall become effective on— and organizational preparation. included programs that are not required by ‘‘(aa) the earlier of— ‘‘(d) GRANTS.— the Secretary for the performance of inher- ‘‘(AA) 1 year after the date of submission ‘‘(1) IN GENERAL.—Subject to the avail- ent Federal functions. of the request; or ability of appropriations, an Indian tribe ‘‘SEC. 402. ESTABLISHMENT. ‘‘(BB) the date on which the funding agree- that meets the requirements of paragraphs ‘‘The Secretary shall carry out a program ment expires; or (2) and (3) of subsection (b) shall be eligible within the Department to be known as the ‘‘(bb) such date as may be agreed on by the for grants— ‘Tribal Self-Governance Program’. Secretary, the withdrawing Indian tribe, and ‘‘(A) to plan for participation in self-gov- ‘‘SEC. 403. SELECTION OF PARTICIPATING INDIAN the tribal organization or inter-tribal con- ernance; and TRIBES. sortium that signed the compact or funding ‘‘(B) to negotiate the terms of participa- ‘‘(a) IN GENERAL.— agreement on behalf of the withdrawing In- tion by the Indian tribe or tribal organiza- ‘‘(1) CONTINUING PARTICIPATION.—An Indian dian tribe, inter-tribal consortium, or tribal tion in self-governance, as set forth in a tribe that was participating in the Tribal organization. compact and a funding agreement. Self-Governance Demonstration Project at ‘‘(E) DISTRIBUTION OF FUNDS.—If an Indian ‘‘(2) RECEIPT OF GRANT NOT REQUIRED.—Re- the Department under title III on October 25, tribe or tribal organization eligible to enter ceipt of a grant under paragraph (1) shall not 1994, may elect to participate in self-govern- into a self-determination contract under be a requirement of participation in self-gov- ance under this title. title I or a compact or funding agreement ernance. ‘‘(2) ADDITIONAL PARTICIPANTS.— under this title fully or partially withdraws ‘‘SEC. 404. COMPACTS. ‘‘(A) IN GENERAL.—In addition to Indian from a participating inter-tribal consortium ‘‘(a) IN GENERAL.—The Secretary shall ne- tribes participating in self-governance under or tribal organization, the withdrawing In- gotiate and enter into a written compact paragraph (1), an Indian tribe that meets the dian tribe— with as Indian tribe participating in self-gov- eligibility criteria specified in subsection (b) ‘‘(i) may elect to enter into a self-deter- ernance in a manner that is consistent with shall be entitled to participate in self-gov- mination contract or compact, in which the trust responsibility of the Federal Gov- ernance. case— ernment, treaty obligations, and the govern- ‘‘(B) NO LIMITATION.—The Secretary shall ‘‘(I) the withdrawing Indian tribe or tribal ment-to-government relationship between not limit the number of additional Indian organization shall be entitled to its tribal Indian tribes and the United States. tribes to be selected each year from among share of funds and resources supporting the ‘‘(b) CONTENTS.—A compact under sub- Indian tribes that are eligible under sub- included programs that the Indian tribe will section (a) shall— section (b). be carrying out under its own self-deter- ‘‘(1) specify the general terms of the gov- ‘‘(3) OTHER AUTHORIZED INDIAN TRIBE, mination contract or compact and funding ernment-to-government relationship be- INTER-TRIBAL CONSORTIUM, OR TRIBAL GOVERN- agreement (calculated on the same basis as tween the Indian tribe and the Secretary; MENT.—If an Indian tribe authorizes another the funds were initially allocated to the and Indian tribe, an inter-tribal consortium, or a funding agreement of the inter-tribal consor- ‘‘(2) include such terms as the parties in- tribal organization to plan for or carry out tium or tribal organization); and tend shall control year after year. an included program on its behalf under this ‘‘(II) the funds referred to in subclause (I) ‘‘(c) AMENDMENT.—A compact under subsection (a) may be amended only by agree- title, the authorized Indian tribe, inter-trib- shall be withdrawn by the Secretary from ment of the parties. al consortium, or tribal organization shall the funding agreement of the inter-tribal ‘‘(d) EFFECTIVE DATE.—The effective date have the rights and responsibilities of the consortium or tribal organization and trans- of a compact under subsection (a) shall be— authorizing Indian tribe (except as otherwise ferred to the withdrawing Indian tribe, on ‘‘(1) the date of the execution of the com- provided in the authorizing resolution). the condition that sections 102 and 105(i), as pact by the Indian tribe; or ‘‘(4) JOINT PARTICIPATION.—Two or more In- appropriate, shall apply to the withdrawing ‘‘(2) another date agreed to by the parties. dian tribes that are not otherwise eligible Indian tribe; or ‘‘(e) DURATION.—A compact under sub- under subsection (b) may be treated as a sin- ‘‘(ii) may elect not to enter into a self-de- section (a) shall remain in effect for so long gle Indian tribe for the purpose of partici- termination contract or compact, in which as permitted by Federal law or until termi- pating in self-governance as a consortium case all funds not obligated by the inter-trib- nated by written agreement, retrocession, or if— al consortium associated with the with- reassumption. ‘‘(A) if each Indian tribe so requests; and drawing Indian tribe’s returned included pro- ‘‘(f) EXISTING COMPACTS.—An Indian tribe ‘‘(B) the consortium itself is eligible under grams, less closeout costs, shall be returned participating in self-governance under this subsection (b). by the inter-tribal consortium to the Sec- title, as in effect on the date of enactment of ‘‘(5) TRIBAL WITHDRAWAL FROM A CONSOR- retary for operation of the included pro- the Department of the Interior Tribal Self- TIUM.— grams included in the withdrawal. Governance Act of 2003, shall have the option ‘‘(A) IN GENERAL.—An Indian tribe that ‘‘(F) RETURN TO MATURE CONTRACT STA- at any time after that date— withdraws from participation in an inter- TUS.—If an Indian tribe elects to operate all ‘‘(1) to retain its negotiated compact (in tribal consortium or tribal organization, in or some included programs carried out under whole or in part) to the extent that the pro- whole or in part, shall be entitled to partici- a compact or funding agreement under this visions of the compact are not directly con- pate in self-governance if the Indian tribe is title through a self-determination contract trary to any express provision of this title; eligible under subsection (b). under title I, at the option of the Indian or ‘‘(B) EFFECT OF WITHDRAWAL.—If an Indian tribe, the resulting self-determination con- ‘‘(2) to negotiate a new compact in a man- tribe withdraws from participation in an tract shall be a mature self-determination ner consistent with this title. inter-tribal consortium or tribal organiza- contract. ‘‘SEC. 405. FUNDING AGREEMENTS. tion, the Indian tribe shall be entitled to its ‘‘(b) ELIGIBILITY.—To be eligible to partici- ‘‘(a) IN GENERAL.—The Secretary shall ne- tribal share of funds and resources sup- pate in self-governance, an Indian tribe gotiate and enter into a written funding porting the included programs that the In- shall— agreement with the governing body of an In- dian tribe will be carrying out under the ‘‘(1) complete the planning phase described dian tribe in a manner that is consistent compact and funding agreement of the In- in subsection (c); with the trust responsibility of the Federal dian tribe. ‘‘(2) request participation in self-govern- Government, treaty obligations, and the gov- ‘‘(C) PARTICIPATION IN SELF-GOVERNANCE.— ance by resolution or other official action by ernment-to-government relationship be- The withdrawal of an Indian tribe from an the tribal governing body; and tween Indian tribes and the United States.

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‘‘(b) INCLUDED PROGRAMS.— vide for a stable base budget specifying the cluded programs or reallocate funds for in- ‘‘(1) BUREAU OF INDIAN AFFAIRS AND OFFICE recurring funds (including funds available cluded programs in any manner that the In- OF SPECIAL TRUSTEE.— under section 106(a)) to be transferred to the dian tribe determines to be in the best inter- ‘‘(A) IN GENERAL.—A funding agreement Indian tribe, for such period as the Indian est of the Indian community being served, so shall, as determined by the Indian tribe, au- tribe specifies in the funding agreement, sub- long as the redesign or consolidation does thorize the Indian tribe to plan, conduct, ject to annual adjustment only to reflect not have the effect of denying eligibility for consolidate, administer, and receive full changes in congressional appropriations. services to population groups otherwise eli- tribal share funding for all programs carried ‘‘(8) NO WAIVER OF TRUST RESPONSIBILITY.— gible to be served under applicable Federal out by the Bureau of Indian Affairs and the A funding agreement shall prohibit the Sec- law. Office of Special Trustee, without regard to retary from waiving, modifying, or dimin- ‘‘(e) RETROCESSION.— the agency or office within which the pro- ishing in any way the trust responsibility of ‘‘(1) IN GENERAL.—An Indian tribe may gram is performed (including funding for the United States with respect to Indian fully or partially retrocede to the Secretary agency, area, and central office functions in tribes and individual Indians that exists any included program under a compact or accordance with section 409(c)), that— under treaties, Executive orders, court deci- funding agreement. ‘‘(i) are provided for in the Act of April 16, sions, and other laws. ‘‘(2) EFFECTIVE DATE.— 1934 (25 U.S.C. 452 et seq.); ‘‘(c) AMENDMENT.—The Secretary shall not ‘‘(A) AGREEMENT.—Unless the Indian tribe ‘‘(ii) the Secretary administers for the ben- revise, amend, or require additional terms in rescinds a request for retrocession, the ret- efit of Indians under the Act of November 2, a new or subsequent funding agreement rocession shall become effective on the date 1921 (25 U.S.C. 13), or any subsequent Act; without the consent of the Indian tribe. specified by the parties in the compact or ‘‘(iii) the Secretary administers for the ‘‘(d) EFFECTIVE DATE.—A funding agree- funding agreement. benefit of Indians with appropriations made ment shall become effective on the date ‘‘(B) NO AGREEMENT.—In the absence of to agencies other than the Department of specified in the funding agreement. such a specification, the retrocession shall the Interior; or ‘‘(e) EXISTING AND SUBSEQUENT FUNDING become effective on— ‘‘(iv) are provided for the benefit of Indians AGREEMENTS.— ‘‘(i) the earlier of— because of their status as Indians. ‘‘(1) SUBSEQUENT FUNDING AGREEMENTS.— ‘‘(I) the date that is 1 year after the date of ‘‘(B) INCLUSIONS.—Programs described in Absent notification from an Indian tribe submission of the request; or subparagraph (A) shall include all programs that is withdrawing or retroceding the oper- ‘‘(II) the date on which the funding agree- with respect to which Indian tribes or Indi- ation of 1 or more included programs identi- ment expires; or ans are primary or significant beneficiaries. fied in a funding agreement, or unless other- ‘‘(ii) such date as may be agreed on by the ‘‘(2) OTHER AGENCIES.—A funding agree- wise agreed to by the parties to the funding Secretary and the Indian tribe. ment under subsection (a) shall, as deter- agreement— ‘‘(f) NONDUPLICATION.—A funding agree- mined by the Indian tribe, authorize the In- ‘‘(A) a funding agreement shall remain in ment shall provide that, for the period for dian tribe to plan, conduct, consolidate, ad- effect until a subsequent funding agreement which, and to the extent to which, funding is minister, and receive full tribal share fund- is executed; and provided to an Indian tribe under this title, ing for all programs carried out by the Sec- ‘‘(B) the term of the subsequent funding the Indian tribe— retary outside the Bureau of Indian Affairs, agreement shall be retroactive to the end of ‘‘(1) shall not be entitled to enter into a without regard to the agency or office within the term of the preceding funding agree- contract with the Secretary for funds under which the program is performed, including ment. section 102, except that the Indian tribe shall funding for agency, area, and central office ‘‘(2) EXISTING FUNDING AGREEMENTS.—An be eligible for new included programs on the functions in accordance with subsection Indian tribe that was participating in self- same basis as other Indian tribes; and 409(c), to the extent that the included pro- governance under this title on the date of en- grams are within the scope of paragraph (1). ‘‘(2) shall be responsible for the adminis- actment of the Department of the Interior tration of included programs in accordance ‘‘(3) DISCRETIONARY PROGRAMS.—A funding Tribal Self-Governance Act of 2003 shall have agreement under subsection (a) may, in ac- with the compact or funding agreement. the option at any time after that date— cordance with such additional terms as the ‘‘(g) RECORDS.— parties consider to be appropriate, include ‘‘(A) to retain its existing funding agree- ‘‘(1) IN GENERAL.—Unless an Indian tribe programs administered by the Secretary, in ment (in whole or in part) to the extent that specifies otherwise in the compact or fund- addition to programs described in paragraphs the provisions of that funding agreement are ing agreement, records of an Indian tribe (1) and (2), that are of special geographical, not directly contrary to any express provi- shall not be treated as agency records for historical, or cultural significance to the In- sion of this title; or purposes of chapter 5 of title 5, United States dian tribe. ‘‘(B) to negotiate a new funding agreement Code. ‘‘(4) COMPETITIVE BIDDING.—Nothing in this in a manner consistent with this title. ‘‘(2) RECORDKEEPING SYSTEM.—An Indian section— ‘‘(3) MULTIYEAR FUNDING AGREEMENTS.—An tribe shall— ‘‘(A) supersedes any express statutory re- Indian tribe may, at the discretion of the In- ‘‘(A) maintain a recordkeeping system; and quirement for competitive bidding; or dian tribe, negotiate with the Secretary for ‘‘(B) on 30 days’ notice, provide the Sec- ‘‘(B) prohibits the inclusion in a funding a funding agreement with a term that ex- retary with reasonable access to the records agreement of a program in which non-Indi- ceeds 1 year. to enable the Department to meet the re- ans have an incidental or legally identifiable ‘‘SEC. 406. GENERAL PROVISIONS. quirements of sections 3101 through 3106 of interest. ‘‘(a) APPLICABILITY.—An Indian tribe may title 44, United States Code. ‘‘(5) EXCLUDED FUNDING.—A funding agree- include in any compact or funding agree- ‘‘SEC. 407. PROVISIONS RELATING TO THE SEC- ment shall not authorize an Indian tribe to ment provisions that reflect the require- RETARY. plan, conduct, administer, or receive tribal ments of this title. ‘‘(a) TRUST EVALUATIONS.—A funding share funding under any program that— ‘‘(b) CONFLICTS OF INTEREST.—An Indian agreement shall include a provision to mon- ‘‘(A) is provided under the Tribally Con- tribe participating in self-governance shall itor the performance of trust functions by trolled Community College Assistance Act of ensure that internal measures are in place to the Indian tribe through the annual trust 1978 (25 U.S.C. 1801 et seq.); address, pursuant to tribal law and proce- evaluation. ‘‘(B) is provided for elementary and sec- dures, conflicts of interest in the administra- ‘‘(b) REASSUMPTION.— ondary schools under the formula developed tion of included programs. ‘‘(1) IN GENERAL.—A compact or funding under section 1128 of the Education Amend- ‘‘(c) AUDITS.— agreement shall include provisions for the ments of 1978 (25 U.S.C. 2008); and ‘‘(1) SINGLE AGENCY AUDIT ACT.—Chapter 75 Secretary to reassume an included program ‘‘(C) is provided for the Flathead Agency of title 31, United States Code, shall apply to and associated funding if there is a specific Irrigation Division or the Flathead Agency a funding agreement under this title. finding relating to that included program Power Division (except that nothing in this ‘‘(2) COST PRINCIPLES.—An Indian tribe of— section affects the contract authority of the shall apply cost principles under the applica- ‘‘(A) imminent jeopardy to a physical trust Flathead Agency Irrigation Division or the ble Office of Management and Budget cir- asset, natural resource, or public health and Flathead Agency Power Division under sec- cular, except as modified by— safety that— tion 102). ‘‘(A) section 106 of this Act or any other ‘‘(i) is caused by an act or omission of the ‘‘(6) SERVICES, FUNCTIONS, AND RESPONSIBIL- provision of law; or Indian tribe; and ITIES.—A funding agreement shall specify— ‘‘(B) any exemptions to applicable Office of ‘‘(ii) arises out of a failure to carry out the ‘‘(A) the services to be provided under the Management and Budget circulars granted compact or funding agreement; or funding agreement; by the Office of Management and Budget. ‘‘(B) gross mismanagement with respect to ‘‘(B) the functions to be performed under ‘‘(3) FEDERAL CLAIMS.—Any claim by the funds transferred to an Indian tribe by a the funding agreement; and Federal Government against an Indian tribe compact or funding agreement, as deter- ‘‘(C) the responsibilities of the Indian tribe relating to funds received under a funding mined by the Secretary in consultation with and the Secretary under the funding agree- agreement based on an audit under this sub- the Inspector General, as appropriate. ment. section shall be subject to section 106(f). ‘‘(2) PROHIBITION.—The Secretary shall not ‘‘(7) BASE BUDGET.—A funding agreement ‘‘(d) REDESIGN AND CONSOLIDATION.—An In- reassume operation of an included program shall, at the option of the Indian tribe, pro- dian tribe may redesign or consolidate in- unless—

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and safety. specified in subparagraph (A)(iv)— ‘‘(2) accepting the jurisdiction of the Fed- ‘‘(3) EXCEPTION.— ‘‘(i) the Indian tribe shall retain the right eral courts for the purpose of enforcement of ‘‘(A) IN GENERAL.— Notwithstanding sub- to appeal the rejection by the Secretary the responsibilities of the responsible Fed- paragraph (2), the Secretary may, on written under this section; and eral official under applicable environmental notice to the Indian tribe, immediately re- ‘‘(ii) clauses (i), (ii), and (iii) of that sub- law. assume operation of an included program if— paragraph shall apply only to the portion of ‘‘(c) NEGOTIATIONS.— ‘‘(i) the Secretary makes a finding of both the proposed final compact or funding agree- ‘‘(1) IN GENERAL.—In accordance with all imminent and substantial jeopardy and ir- ment that was rejected by the Secretary. applicable Federal laws, a construction pro- reparable harm to a physical trust asset, a ‘‘(d) BURDEN OF PROOF.—In any administra- gram or construction project shall be treated natural resource, or the public health and tive hearing or appeal or civil action brought in the same manner and be subject to all pro- safety caused by an act or omission of the under this section, the Secretary shall have visions of this Act as are all other tribal as- Indian tribe; and the burden of demonstrating by clear and sumptions of included programs under this ‘‘(ii) the imminent and substantial jeop- convincing evidence the validity of the Act. ardy and irreparable harm to the physical grounds for rejecting a final offer made ‘‘(2) CONSTRUCTION PROJECTS.—A provision trust asset, natural resource, or public under subsection (c) or the grounds for a re- shall be included in the funding agreement health and safety arises out of a failure by assumption under subsection (b). that, for each construction project— the Indian tribe to carry out its compact or ‘‘(e) GOOD FAITH.— ‘‘(A) states the approximate start and com- funding agreement. ‘‘(1) IN GENERAL.—In the negotiation of pletion dates of the construction project, ‘‘(B) REASSUMPTION.—If the Secretary re- compacts and funding agreements, the Sec- which may extend for 1 or more years; assumes operation of an included program retary shall at all times negotiate in good ‘‘(B) provides a general description of the under subparagraph (A), the Secretary shall faith to maximize implementation of the construction project; provide the Indian tribe with a hearing on self-governance policy. ‘‘(C) states the responsibilities of the In- the record not later than 10 days after the ‘‘(2) POLICY.—The Secretary shall carry out dian tribe and the Secretary with respect to date of reassumption. this Act in a manner that maximizes the pol- the construction project; ‘‘(c) INABILITY TO AGREE ON COMPACT OR icy of tribal self-governance. ‘‘(D) describes— FUNDING AGREEMENT.— ‘‘(f) SAVINGS.—To the extent that included ‘‘(i) the ways in which the Indian tribe will ‘‘(1) FINAL OFFER.—If the Secretary and a programs carried out by Indian tribes under address project-related environmental con- participating Indian tribe are unable to this title reduce the administrative or other siderations; and agree, in whole or in part, on the terms of a responsibilities of the Secretary with respect ‘‘(ii) the standards by which the Indian compact or funding agreement (including to the operation of Indian programs and re- tribe will accomplish the construction funding levels), the Indian tribe may submit sult in savings that have not otherwise been project; and a final offer to the Secretary. included in the amount of tribal shares and ‘‘(E) the amount of funds provided for the ‘‘(2) DETERMINATION.—Not more than 45 other funds determined under section 409(c), construction project. days after the date of submission of a final the Secretary shall make such savings avail- ‘‘(d) CODES AND STANDARDS; TRIBAL ASSUR- offer, or as otherwise agreed to by the Indian able to the Indian tribes, inter-tribal con- ANCES.—A funding agreement shall contain a tribe, the Secretary shall review and make a sortia, or tribal organizations for the provi- certification by the Indian tribe that the In- determination with respect to the final offer. sion of additional services to program bene- dian tribe will establish and enforce proce- ‘‘(3) NO TIMELY DETERMINATION.—If the Sec- ficiaries in a manner equitable to directly dures designed to ensure that all construc- retary fails to make a determination with served, contracted, and included programs. tion-related included programs carried out respect to a final offer within the time speci- ‘‘(g) TRUST RESPONSIBILITY.—The Sec- through the funding agreement adhere to fied in paragraph (2), the Secretary shall be retary may not waive, modify, or diminish in building codes and other codes and architec- deemed to have agreed to the offer. any way the trust responsibility of the tural and engineering standards (including ‘‘(4) REJECTION OF FINAL OFFER.— United States with respect to Indian tribes public health and safety standards) identi- ‘‘(A) IN GENERAL.—If the Secretary rejects and individual Indians that exists under fied by the Indian tribe in the funding agree- a final offer (or 1 or more provisions or fund- treaties, Executive orders, other laws, or ment, which codes and standards shall be in ing levels in a final offer), the Secretary court decisions. conformity with nationally recognized shall— ‘‘(h) DECISIONMAKER.—A decision that con- standards for comparable projects in com- ‘‘(i) provide timely written notification to stitutes final agency action and relates to an parable locations. the Indian tribe that contains a specific find- appeal within the Department brought under ‘‘(e) RESPONSIBILITY FOR COMPLETION.—The ing that clearly demonstrates, or that is sup- subsection (c)(4) may be made— Indian tribe shall assume responsibility for ported by a controlling legal authority, ‘‘(1) by an official of the Department who the successful completion of a construction that— holds a position at a higher organizational project in accordance with the funding ‘‘(I) the amount of funds proposed in the level within the Department than the level agreement. final offer exceeds the applicable funding of the departmental agency in which the de- ‘‘(f) FUNDING.— level to which the Indian tribe is entitled cision that is the subject of the appeal was ‘‘(1) IN GENERAL.—At the option of an In- under this title; made; or dian tribe, full funding for a construction ‘‘(II) the included program that is the sub- ‘‘(2) by an administrative law judge. program or construction project carried out ject of the final offer is an inherent Federal ‘‘(i) RULE OF CONSTRUCTION.—Each provi- under this title shall be included in a funding function; sion of this title and each provision of a com- agreement as an annual advance payment. ‘‘(III) the Indian tribe cannot carry out the pact or funding agreement shall be liberally ‘‘(2) ENTITLEMENT.—Notwithstanding the included program in a manner that would construed for the benefit of the Indian tribe annual advance payment provisions or any not result in significant danger or risk to the participating in self-governance, and any other provision of law, an Indian tribe shall public health; or ambiguity shall be resolved in favor of the be entitled to receive in its initial funding ‘‘(IV) the Indian tribe is not eligible to par- Indian tribe. agreement all funds made available to the ticipate in self-governance under section ‘‘SEC. 408. CONSTRUCTION PROGRAMS AND CON- Secretary for multiyear construction pro- 403(b); STRUCTION PROJECTS. grams and projects carried out under this ‘‘(ii) provide technical assistance to over- ‘‘(a) IN GENERAL.—An Indian tribe partici- title. come the objections stated in the notifica- pating in self-governance may carry out a ‘‘(3) CONTINGENCY FUNDS.—The Secretary tion required by clause (i); construction program or construction shall include associated project contingency ‘‘(iii) provide the Indian tribe a hearing on project under this title in the same manner funds in an advance payment described in the record with the right to engage in full as the Indian tribe carries out other included paragraph (1), and the Indian tribe shall be discovery relevant to any issue raised in the programs under this title, consistent with responsible for the management of the con- matter and the opportunity for appeal on the the provisions of all applicable Federal laws. tingency funds included in the funding agree- objections raised (except that the Indian ‘‘(b) FEDERAL FUNCTIONS.—An Indian tribe ment. tribe may, in lieu of filing an appeal, di- participating in self-governance may, in car- ‘‘(4) REALLOCATION OF SAVINGS.— rectly proceed to bring a civil action in rying out construction projects under this ‘‘(A) IN GENERAL.—Notwithstanding any United States district court under section title, elect to assume all Federal responsibil- other provision of an annual Act of appro- 110(a)); and ities under the National Environmental Pol- priation or other Federal law, an Indian ‘‘(iv) provide the Indian tribe the option of icy Act of 1969 (42 U.S.C. 4321 et seq.), the Na- tribe may reallocate any financial savings entering into the severable portions of a tional Historic Preservation Act (16 U.S.C. realized by the Indian tribe arising from effi- final proposed compact or funding agreement 470 et seq.), and related provisions of law ciencies in the design, construction, or any

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other aspect of a construction program or ‘‘(c) AMOUNT.—Subject to subsection (e) funding agreement authorized under this construction project. and sections 405 and 406 of this title, the Sec- Act. ‘‘(B) PURPOSES.—A reallocation under sub- retary shall provide funds to the Indian tribe ‘‘(j) INTEREST OR OTHER INCOME.— paragraph (A) shall be for construction-re- under a funding agreement for included pro- ‘‘(1) IN GENERAL.—An Indian tribe may related activity purposes generally similar to grams in the amount that is equal to the tain interest or income earned on any funds those for which the funds were appropriated amount that the Indian tribe would have paid under a compact or funding agreement and distributed to the Indian tribe under the been entitled to receive under contracts and to carry out governmental purposes. funding agreement. grants under this Act (including amounts for ‘‘(2) NO EFFECT ON OTHER AMOUNTS.—The ‘‘(g) APPROVAL.— direct program and contract support costs retention of interest or income under para- ‘‘(1) IN GENERAL.—If the planning and de- and, in addition, any funds that are specifi- graph (1) shall not diminish the amount of sign documents for a construction project cally or functionally related to the provision funds that an Indian tribe is entitled to re- are prepared by an Indian tribe in a manner by the Secretary of services and benefits to ceive under a funding agreement in the year that is consistent with the certification the Indian tribe or its members) without rein which the interest or income is earned or given by the Indian tribe as required under gard to the organization level within the in any subsequent fiscal year. subsection (d), approval by the Secretary of Federal agency in which the included pro- ‘‘(3) INVESTMENT STANDARD.—Funds trans- a funding agreement providing for the as- grams are carried out. ferred under this title shall be managed sumption of the construction project shall be ‘‘(d) TIMING.—Unless the funding agree- using the prudent investment standard. deemed to be an approval by the Secretary of ment provides otherwise, the transfer of ‘‘(k) CARRYOVER OF FUNDS.— the construction project planning and design funds shall be made not later than 10 days ‘‘(1) IN GENERAL.—Notwithstanding any documents. after the apportionment of funds by the Of- provision of an Act of appropriation, all ‘‘(2) REPORTS.—The Indian tribe shall pro- fice of Management and Budget to the De- funds paid to an Indian tribe in accordance vide the Secretary with construction project partment. with a compact or funding agreement shall progress and financial reports not less than ‘‘(e) AVAILABILITY.—Funds for trust serv- remain available until expended. semiannually. ices to individual Indians shall be available ‘‘(2) EFFECT OF CARRYOVER.—If an Indian ‘‘(3) INSPECTIONS.—The Secretary may con- under a funding agreement only to the ex- tribe elects to carry over funding from 1 year duct onsite project inspections at a construc- tent that the same services that would have to the next, the carryover shall not diminish tion project semiannually or on an alternate been provided by the Secretary are provided the amount of funds that the Indian tribe is schedule agreed to by the Secretary and the to individual Indians by the Indian tribe. entitled to receive under a funding agree- Indian tribe. ‘‘(f) MULTIYEAR FUNDING.—A funding agreement in that fiscal year or any subsequent ‘‘(h) WAGES.— ment may provide for multiyear funding. fiscal year. ‘‘(1) IN GENERAL.—All laborers and mechan- ‘‘(g) LIMITATION ON AUTHORITY OF THE SEC- ‘‘(l) LIMITATION OF COSTS.— ics employed by a contractor or subcon- RETARY.—The Secretary shall not— ‘‘(1) IN GENERAL.—An Indian tribe shall not tractor in the construction, alteration, or re- ‘‘(1) fail to transfer to an Indian tribe its be obligated to continue performance that pair (including painting and decorating) of a full share of any central, headquarters, re- requires an expenditure of funds in excess of building or other facility in connection with gional, area, or service unit office or other the amount of funds transferred under a a construction project funded by the United funds due under this Act, except as required compact or funding agreement. States under this title shall be paid wages at by Federal law; ‘‘(2) NOTICE OF INSUFFICIENCY.—If at any not less than the amounts of wages pre- ‘‘(2) withhold any portion of such funds for time an Indian tribe has reason to believe vailing on similar construction in the local- transfer over a period of years; or that the total amount provided for a specific ity as determined by the Secretary of Labor ‘‘(3) reduce the amount of funds required activity under a compact or funding agree- in accordance with subchapter IV of chapter under this Act— ment is insufficient, the Indian tribe shall 31 of title 40, United States Code. ‘‘(A) to make funding available for self- provide reasonable notice of the insuffi- ‘‘(2) AUTHORITY.—With respect to construc- governance monitoring or administration by ciency to the Secretary. tion, alteration, or repair work to which the Secretary; ‘‘(3) SUSPENSION OF PERFORMANCE.—If the that subchapter is applicable under this sub- ‘‘(B) in subsequent years, except as nec- Secretary does not increase the amount of section, the Secretary of Labor shall have essary as a result of— funds transferred under the funding agree- the authority and functions specified in the ‘‘(i) a reduction in appropriations from the ment, the Indian tribe may suspend perform- Reorganization Plan numbered 14, of 1950. previous fiscal year for the program to be in- ance of the activity until such time as addi- ‘‘(3) APPLICABILITY OF SUBSECTION.—Not- cluded in a compact or funding agreement; tional funds are transferred. withstanding any other provision of law, this ‘‘(ii) a congressional directive in legisla- ‘‘SEC. 410. CIVIL ACTIONS. subsection does not apply to any portion of tion or an accompanying report; ‘‘(a) INCLUSION AS CONTRACT.—Except as a construction project carried out under this ‘‘(iii) a tribal authorization; provided in subsection (b), for the purposes Act— ‘‘(iv) a change in the amount of pass- of section 110, the term ‘contract’ shall in- ‘‘(A) that is funded from a non-Federal through funds subject to the terms of the clude a funding agreement. source, regardless of whether the non-Fed- funding agreement; or ‘‘(b) CONTRACTS WITH PROFESSIONALS.—For eral funds are included with Federal funds ‘‘(v) completion of an activity under an in- the period during which a funding agreement for administrative convenience; or cluded program for which the funds were pro- is in effect, section 2103 of the Revised Stat- ‘‘(B) that is performed by a laborer or me- vided; utes (25 U.S.C. 81), and section 16 of the Act chanic employed directly by an Indian tribe ‘‘(C) to pay for Federal functions, includ- of June 18, 1934 (25 U.S.C. 476) shall not apply or tribal organization. ing— to a contract between an attorney or other professional and an Indian tribe. ‘‘(4) APPLICABILITY OF TRIBAL LAW.—This ‘‘(i) Federal pay costs; subsection does not apply to a compact or ‘‘(ii) Federal employee retirement benefits; ‘‘SEC. 411. FACILITATION. funding agreement if the compact, self-deter- ‘‘(iii) automated data processing; ‘‘(a) IN GENERAL.—Except as otherwise pro- mination contract, or funding agreement is ‘‘(iv) technical assistance; and vided by law, the Secretary shall interpret otherwise covered by a law (including a regu- ‘‘(v) monitoring of activities under this each Federal law (including a regulation) in lation) adopted by an Indian tribe that re- Act; or a manner that facilitates— quires the payment of not less than pre- ‘‘(D) to pay for costs of Federal personnel ‘‘(1) the inclusion of included programs in vailing wages, as determined by the Indian displaced by self-determination contracts funding agreements; and tribe. under this Act or self-governance. ‘‘(2) the implementation of funding agree- ‘‘(i) APPLICABILITY OF OTHER LAW.—Unless ‘‘(h) FEDERAL RESOURCES.—If an Indian ments. otherwise agreed to by the Indian tribe, no tribe elects to carry out a compact or fund- ‘‘(b) REGULATION WAIVER.— provision of the Office of Federal Procure- ing agreement with the use of Federal per- ‘‘(1) REQUEST.—An Indian tribe may submit ment Policy Act (41 U.S.C. 401 et seq.), the sonnel, Federal supplies (including supplies a written request for a waiver to the Sec- Federal Acquisition Regulation, or any other available from Federal warehouse facilities), retary identifying the specific text in regula- law or regulation pertaining to Federal pro- Federal supply sources (including lodging, tion sought to be waived and the basis for curement (including Executive orders) shall airline transportation, and other means of the request. apply to any construction program or transportation including the use of inter- ‘‘(2) DETERMINATION BY THE SECRETARY.— project conducted under this title. agency motor pool vehicles), or other Fed- Not later than 60 days after the date of re- ‘‘SEC. 409. PAYMENT. eral resources (including supplies, services, ceipt by the Secretary of a request under ‘‘(a) IN GENERAL.—At the request of the and resources available to the Secretary paragraph (1), the Secretary shall approve or governing body of the Indian tribe and under under any procurement contracts in which deny the requested waiver in writing to the the terms of a funding agreement, the Sec- the Department is eligible to participate), Indian tribe. retary shall provide funding to the Indian the Secretary shall acquire and transfer such ‘‘(3) GROUND FOR DENIAL.—The Secretary tribe to carry out the funding agreement. personnel, supplies, or resources to the In- may deny a request for a waiver only on a ‘‘(b) ADVANCE ANNUAL PAYMENT.—At the dian tribe. specific finding by the Secretary that the option of the Indian tribe, a funding agree- ‘‘(i) PROMPT PAYMENT ACT.—Chapter 39 of identified text in the regulation may not be ment shall provide for an advance annual title 31, United States Code, shall apply to waived because such a waiver is prohibited payment to an Indian tribe. the transfer of funds due under a compact or by Federal law.

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‘‘(4) FAILURE TO MAKE DETERMINATION.—If program costs, tribal shares and contract tribe, indicating whether each request was the Secretary fails to approve or deny a support costs) for each Indian tribe, either granted or denied and stating the grounds waiver request within the time required directly by the Secretary of Interior, under for any denial. under paragraph (2), the Secretary shall be self-determination contracts, or under com- ‘‘(2) PROGRAMMATIC TARGETS.—The Sec- deemed to have approved the request. pacts and funding agreements. retary shall establish programmatic targets, ‘‘(5) FINALITY.—The Secretary’s decision ‘‘SEC. 415. REPORTS. after consultation with Indian tribes partici- shall be final for the Department. ‘‘(a) IN GENERAL.— pating in self-governance, to encourage bu- ‘‘SEC. 412. DISCLAIMERS. ‘‘(1) REQUIREMENT.—On January 1 of each reaus of the Department to ensure that a sig- ‘‘Nothing in this title expands or alters year, the Secretary shall submit to Congress nificant portion of those included programs any statutory authority of the Secretary so a report regarding the administration of this are included in funding agreements. as to authorize the Secretary to enter into title. ‘‘(3) PUBLICATION.—The lists and targets any funding agreement under section ‘‘(2) ANALYSIS.—A report under paragraph under paragraphs (1) and (2) shall be pub- 405(b)(2) or 415(c)(1)— (1) shall include a detailed analysis of tribal lished in the Federal Register and be made ‘‘(1) with respect to an inherent Federal unmet need for each Indian tribe, either di- available to any Indian tribe participating in function; rectly by the Secretary, under self-deter- self-governance. ‘‘(2) in a case in which the statute estab- mination contracts under title I, or under ‘‘(4) ANNUAL REVIEW.— lishing a program does not authorize the compacts and funding agreements authorized ‘‘(A) IN GENERAL.—The Secretary shall an- type of participation sought by the Indian under this subchapter. nually review and publish in the Federal tribe (without regard to whether 1 or more ‘‘(3) NO ADDITIONAL REPORTING REQUIRE- Register, after consultation with Indian Indian tribes are identified in the author- MENTS.—In preparing reports under para- tribes participating in self-governance, re- izing statute); or graph (1), the Secretary may not impose any vised lists and programmatic targets. ‘‘(3) limits or reduces in any way the serv- reporting requirement on participating In- ‘‘(B) CONTENTS.—The revised lists and pro- ices, contracts, or funds that any other In- dian tribes not otherwise provided for by this grammatic targets shall include all included dian tribe or tribal organization is eligible to Act. programs that were eligible for contracting receive under section 102 or any other appli- ‘‘(b) CONTENTS.—A report under subsection in the original list published in the Federal cable Federal law. (a) shall— Register in 1995, except for included pro- ‘‘SEC. 413. APPLICABILITY OF OTHER PROVI- ‘‘(1) be compiled from information con- grams specifically determined not to be SIONS. tained in funding agreements, annual audit contractible as a matter of law. ‘‘(a) MANDATORY APPLICATION.—Sections reports, and data of the Secretary regarding ‘‘(d) REPORT ON CENTRAL OFFICE FUNDS.— 5(d), 6, 102(c), 104, 105(f), 110, and 111 apply to the disposition of Federal funds; Not later than January 1, 2004, the Secretary compacts and funding agreements under this ‘‘(2) identify— shall, in consultation with Indian tribes, de- title. ‘‘(A) the relative costs and benefits of self- velop a funding formula to determine the in- ‘‘(b) DISCRETIONARY APPLICATION.— governance; dividual tribal share of funds controlled by ‘‘(1) IN GENERAL.—At the option of a par- ‘‘(B) with particularity, all funds that are the Central Office of the Bureau of Indian Af- ticipating Indian tribe, any or all of the pro- specifically or functionally related to the fairs for inclusion in the self-governance visions of title I or title V shall be incor- provision by the Secretary of services and compacts. porated in a compact or funding agreement. benefits to self-governance Indian tribes and ‘‘SEC. 416. REGULATIONS. ‘‘(2) EFFECT.—Each incorporated provi- members of Indian tribes; ‘‘(a) IN GENERAL.— sion— ‘‘(C) the funds transferred to each Indian ‘‘(1) PROMULGATION.—Not later than 90 ‘‘(A) shall have the same effect as if the tribe and the corresponding reduction in the days after the date of the enactment of the provision were set out in full in this title; Federal bureaucracy; Department of the Interior Tribal Self-Gov- and ‘‘(D) the funding formula for individual ernance Act of 2003, the Secretary shall ini- ‘‘(B) shall be deemed to supplement or re- tribal shares of all Central Office funds, with tiate procedures under subchapter III of place any related provision in this title and the comments of affected Indian tribes, de- chapter 5, of title 5, United States Code, to to apply to any agency otherwise governed veloped under subsection (d); and negotiate and promulgate such regulations by this title. ‘‘(E) amounts expended in the preceding as are necessary to carry out the amend- ‘‘(3) EFFECTIVE DATE.—If an Indian tribe re- fiscal year to carry out inherent Federal ments made by that Act. quests incorporation at the negotiation functions, including an identification of in- ‘‘(2) PUBLICATION OF PROPOSED REGULA- stage of a compact or funding agreement, the herent Federal functions by type and loca- TIONS.—Proposed regulations to implement incorporation— tion; the amendments shall be published in the ‘‘(A) shall be effective immediately; and ‘‘(3) contain a description of the methods Federal Register not later than 1 year after ‘‘(B) shall control the negotiation and re- used to determine the individual tribal share the date of enactment of that Act. sulting compact and funding agreement. of funds controlled by all components of the ‘‘(3) EXPIRATION OF AUTHORITY.—The au- ‘‘SEC. 414. BUDGET REQUEST. Department (including funds assessed by any thority to promulgate regulations under ‘‘(a) REQUIREMENT OF ANNUAL BUDGET RE- other Federal agency) for inclusion in com- paragraph (1) shall expire on the date that is QUEST.— pacts or funding agreements; 18 months after the date of enactment of ‘‘(1) IN GENERAL.—The President shall iden- ‘‘(4) before being submitted to Congress, be that Act. tify in the annual budget request submitted distributed to the Indian tribes for comment ‘‘(b) COMMITTEE.— to Congress under section 1105 of title 31, (with a comment period of not less than 30 ‘‘(1) MEMEBERSHIP.—A negotiated rule- United States Code, all funds necessary to days); and making committee established under section fully fund all funding agreements authorized ‘‘(5) include the separate views and com- 565 of title 5, United States Code, to carry under this title. ments of each Indian tribe or tribal organiza- out this section shall have as its members ‘‘(2) DUTY OF SECRETARY.— The Secretary tion. only Federal and tribal government rep- shall ensure that there are included, in each ‘‘(c) REPORT ON NON-BIA PROGRAMS.— resentatives. budget request, requests for funds in ‘‘(1) IN GENERAL.—In order to optimize op- ‘‘(2) LEAD AGENCY.— Among the Federal amounts that are sufficient for planning and portunities for including non-Bureau of In- representatives, the Office of Self-Govern- negotiation grants and sufficient to cover dian Affairs included programs in agree- ance shall be the lead agency for the Depart- any shortfall in funding identified under sub- ments with Indian tribes participating in ment of the Interior. section (b). self-governance under this title, the Sec- ‘‘(c) ADAPTATION OF PROCEDURES.—The ‘‘(3) TIMING.—All funds included within retary shall— Secretary shall adapt the negotiated rule- funding agreements shall be provided to the ‘‘(A) review all included programs adminis- making procedures to the unique context of Office of Self-Governance not later than 15 tered by the Department, other than through self-governance and the government-to-gov- days after the date on which funds are appor- the Bureau of Indian Affairs, without regard ernment relationship between the United tioned to the Department. to the agency or office concerned; States and Indian tribes. ‘‘(4) DISTRIBUTION OF FUNDS.—The Office of ‘‘(B) not later than January 1, 2004, submit ‘‘(d) EFFECT.— Self-Governance shall be responsible for dis- to Congress— ‘‘(1) REPEAL.—All regulatory provisions tribution of all funds provided under this ‘‘(i) a list of all such included programs under part 1000 of title 25, Code of Federal title. that the Secretary determines, with the con- Regulations, are repealed on the date of en- ‘‘(5) RULE OF CONSTRUCTION.—Nothing in currence of Indian tribes participating in actment of the Department of the Interior this subsection authorizes the Secretary to self-governance, are eligible to be included in Tribal Self-Governance Act of 2003. reduce the amount of funds that an Indian a funding agreement at the request of a par- ‘‘(2) EFFECTIVENESS WITHOUT REGARD TO tribe is otherwise entitled to receive under a ticipating Indian tribe; and REGULATIONS.—The lack of promulgated reg- funding agreement or other applicable law. ‘‘(ii) a list of all such included programs ulations shall not limit the effect of this ‘‘(b) PRESENT FUNDING; SHORTFALLS.—In for which Indian tribes have requested to in- Act. all budget requests, the President shall iden- clude in a funding agreement under section ‘‘(3) INTERIM PROVISION.—Notwithstanding tify the level of need presently funded and 405(b)(3) due to the special geographic, his- this subsection, any regulation under part any shortfall in funding (including direct torical, or cultural significance to the Indian 1000 of title 25, Code of Federal Regulations,

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12468 CONGRESSIONAL RECORD — SENATE October 3, 2003 shall remain in effect, at an Indian tribe’s trients, toxic metals, and sediments our Nation’s waters from stormwater option, in implementing compacts until reg- into downstream waterbodies. In many discharges, and striving for an inte- ulations are promulgated. areas of the country, and particularly grated strategy in preventing, control- ‘‘SEC. 417. EFFECT OF CIRCULARS, POLICIES, strongly urbanized areas, stormwater ling, and reducing pollution entering MANUALS, GUIDANCES, AND RULES. ‘‘Unless expressly agreed to by a partici- ranks high on the list of priority pollu- our waterbodies. The legislation intro- pating Indian tribe in a compact or funding tion sources impacting the water qual- duced today provides critical flexi- agreement, the participating Indian tribe ity of our lakes, rivers, streams, and bility to States and municipalities as shall not be subject to any agency circular, bays. As States proceed with develop- they continue to struggle financially policy, manual, guidance, or rule adopted by ment of the federally-mandated Phase with coming into compliance with the the Department, except for— II Storm Water Program to address Phase II Program. I encourage my col- ‘‘(1) the eligibility provisions of section critical stormwater runoff, the costs of leagues on the Environment and Public 105(g); and implementing the requirements of the Works Committee, and in the Senate, ‘‘(2) regulations promulgated under section program are becoming a major concern 416. to join us in expeditiously approving for States and the municipalities. this important legislation. Thank you. ‘‘SEC. 418. APPEALS. At issue is whether funds provided to ‘‘In any administrative appeal or civil ac- States through Section 319 of the Clean Mr. JEFFORDS. Mr. President, I rise tion for judicial review of any decision made before the Senate today to join my col- by the Secretary under this title, the Sec- Water Act may be used for the pur- retary shall have the burden of proof of dem- poses of developing and implementing leagues Senator CHAFEE and Senator onstrating by clear and convincing evi- the Environmental Protection Agency BOND to introduce legislation to pro- dence— (EPA) Phase II Storm Water Rule that vide funding for storm water control ‘‘(1) the validity of the grounds for the de- went into effect in March 2003. This and management. This legislation will cision; and issue is significant because the Phase ensure that smaller communities re- ‘‘(2) the consistency of the decision with II Program requires States to regulate quired to comply with the storm water the provisions and policies of this title. stormwater discharges, which have his- phase II regulations will continue to ‘‘SEC. 419. AUTHORIZATION OF APPROPRIATIONS. torically been treated as nonpoint have access to section 319 grant funds ‘‘There are authorized to be appropriated sources, as if they are point sources under the Clean Water Act. such sums as are necessary to carry out this under the National Pollutant Dis- title.’’. The storm water phase II regulations charge Elimination System (NPDES) went into effect on March 10, 2003. S. 1716 Program. As a result, it is possible that These regulations require that smaller Be it enacted by the Senate and House of Rep- federally-mandated State nonpoint resentatives of the United States of America in communities required to obtain a Na- source control programs, which have Congress assembled, tional Pollutant Discharge Elimination been funded by 319 monies in the past, SECTION 1. PHASE II STORM WATER PROGRAM System (NPDES) permit and imple- may have to find new funding sources IMPLEMENTATION AND MANAGE- ment best management practices to MENT. even as stormwater requirements are Section 319(h) of the Federal Water Pollu- increased. control storm water discharges and tion Control Act (33 U.S.C. 1329(h)) is amend- In recent years, the Environmental prevent water pollution. Existing EPA ed by adding at the end the following: Protection Agency’s Nonpoint Source policy requires that once a community ‘‘(13) PHASE II STORM WATER IMPLEMENTA- Program has increasingly focused on obtains an NPDES permit, it can no TION.—A State may use funds from a grant longer use section 319, non-point source provided under this subsection— impaired waters and stormwater-related concerns as the agency has funding. However, there are no dedi- ‘‘(A) to carry out a project or activity re- cated, alternative funding sources lating to the development or implementa- moved toward a watershed-based ap- tion of phase II of the storm water program proach. Although the Clean Water Act available for storm water management. of the Environmental Protection Agency es- appears silent on the eligibility of Sec- As smaller communities, like many of tablished by the final rule entitled ‘National tion 319 funding to address stormwater those in Vermont, are working hard to Pollutant Discharge Elimination System— issues currently falling under the implement strong programs to control Regulations for Revision of the Water Pollu- NPDES Program, EPA has thus far in- storm water runoff, it seems counter- tion Control Program Addressing Storm terpreted the Act to prohibit 319 funds intuitive to remove one of the main Water Discharges’’, promulgated by the Ad- from being used for implementation of funding sources these communities use ministrator on December 8, 1999 (64 Fed. Reg. for this purpose. 68722); and the Phase II Storm Water Program. In ‘‘(B) to implement a management program recent months, a lack of clarity also During the 107th Congress, as Chair- in a geographic jurisdiction for phase II of exists on the use of Section 319 funding man of the Environment and Public the program described in subparagraph (A).’’. in geographic areas covered by the Works Committee, I supported Senator Phase II Program. Phase II applies to CHAFEE’s efforts to put in place a one- By Mr. CHAFEE (for himself, Mr. all populated areas of 1000 people or year fix to this problem, allowing sec- BOND, and Mr. JEFFORDS): greater per square mile. In Rhode Is- tion 319 funds to be used for storm S. 1716. A bill to amend the Federal land, nearly all of the state’s impaired water controls during fiscal year 2003. Water Pollution Control Act to author- waters are included in Phase II areas. This one-year fix passed the EPW Com- ize the use of funds made available for Given a strict EPA interpretation of mittee, the full Senate, and the full nonpoint source management programs the law, Section 319 funds could not be House unanimously. I hope that we for projects and activities relating to used in any of these areas. have the same level of support during the development and implementation Last year, the Senate approved and the 108th Congress. of phase II of the storm water program the President signed into law the Great of the Environmental Protection Agen- Lakes and Lake Champlain Act of 2002 In our efforts to make our nation’s cy; to the Committee on Environment which contains a provision providing a water cleaner, non-point sources of pol- and Public Works. one-year extension, during fiscal year lution remain our next major hurdle. Mr. CHAFEE. Mr. President, I am 2003, for states to retain flexibility in Storm water runoff is one area where pleased to be joined by my colleagues using 319 funding for addressing their we can make an immediate difference Senator BOND of Missouri and Senator stormwater concerns. We are intro- in the amount of pollution reaching JEFFORDS of Vermont in introducing ducing legislation today that builds our waters with an investment in best legislation today that addresses an upon the fiscal year 2003 fix by pro- management practices and control issue of great concern for our States viding permanent authority for states techniques. We need to make more re- and regions—the availability of Clean to use Section 319 monies for develop- sources available to communities Water Act Section 319 funding for de- ment and implementation of the Phase working hard to reduce the impact of velopment and implementation of the II Storm Water Program. Further, the storm water runoff on water quality. Phase II Storm Water Program. legislation clarifies that 319 monies This legislation is step one of a long Stormwater runoff carries with it a may be used in Phase II geographic ju- list of actions that I believe this Con- host of contaminants as it runs over risdictions. gress should take to make more re- rooftops and lawns, parking lots and The Phase II Storm Water Program sources available for storm water man- new construction sites, depositing nu- is an important step toward protecting agement.

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12469 By Mr. HATCH (for himself, Mr. retary of Health and Human services Mr. DODD. Mr. President, I am BROWNBACK, Mr. SPECTER, and and a Board of Directors appointed by pleased to join Senator HATCH, Senator Mr. DODD): the Secretary, would be a system of BROWNBACK, and Senator SPECTER in S. 1717. A bill to amend the Public qualified donor banks which will ac- introducing legislation to advance the Health Service Act to establish a Na- quire, test, and preserve cord blood use of umbilical cord blood for clinical tional Cord Blood Stem Cell Bank Net- stem cells, educate and recruit donors, applications and research. I first be- work to prepare, store, and distribute and make such cells available to trans- came aware of the potential thera- human umbilical cord blood stem cells plant centers for stem cell transplan- peutic benefits of cord blood when my for the treatment of patients and to tation. The Network would establish a daughter was born 2 years ago. At that support peer-reviewed research using National Cord Blood Stem Cell Reg- time, our doctor informed me and my such cells; to the Committee on istry, which would acquire and dis- wife that preserving a small amount of Health, Education, Labor, and Pen- tribute donated units of cord blood, blood from the umbilical cord could sions. provide health care professionals with prove enormously beneficial later in Mr. HATCH. Mr. President, today, I the ability to search the entire registry her life. Should she become ill with a am pleased to introduce the ‘‘Cord for a suitable donor match for patients disease requiring bone marrow recon- Blood Stem Cell Act’’ of 2003. I am par- and maintain a database to document stitution, he told us, her own cord ticularly gratified that Senators the activities of the Network. blood stem cells could be used. This BROWNBACK, SPECTER, and DODD have I ask unanimous consent that a brief would eliminate the need to find a suit- joined me as cosponsors of this bipar- section-by-section analysis of the Na- able bone marrow donor. tisan bill. The purpose of the Cord tional Cord Blood Stem Cell Act be The bill that we are introducing Blood Stem Cell Act is to create a net- printed in the RECORD. today will begin a new national com- work of qualified cord blood banking There being no objection, the anal- mitment to the development of this centers to prepare, store, and dis- ysis was ordered to be printed in the technology—which has the potential to tribute human umbilical cord blood RECORD, as follows: reduce pain and suffering and save the lives of so many Americans afflicted stem cells for the treatment of patients CORD BLOOD STEM CELL ACT OF 2003 and to support research using such Section 1—Short Title: Cord Blood Stem with some of the most debilitating ill- cells. Cell Act of 2003 nesses. Cord blood has already been As my colleagues are aware, thou- Section 2—National Cord Blood Stem Cell used successfully in treating a number Bank Network: of diseases, including sickle cell ane- sands of Americans receive and are Subsection (a): Sets fourth the definitions saved by bone marrow transplants each mia and certain childhood cancers. to be used for the purposes of this document. However, the use of cord blood is still year. But, thousands more die for lack Subsection (b): (1) In general—A national fledgling. Recent developments have of an appropriate donor. The good news cord blood stem cell bank containing of is that for several years, experts from a 150,000 units will be established and provided suggested that the stem cells derived few centers have collected and pre- for by qualified cord blood stem cell banks. from cord blood may be useful in treating a much wider range of diseases, served the blood and stem cells from (2) Purpose of donor banks—The banks will acquire tissue type, test, cryopreserve, and such as Parkinson’s disease, diabetes, human placenta and umbilical cords. store donated cord blood stem cell units and and heart disease. These cells can provide an alternative make cord blood units available. Ten percent Like many Americans, I had never to bone marrow transplantation. For of this cord blood inventory will be allocated heard of cord blood before the birth of some patients, particularly those for for research. (3) Eligibility of donor banks— my daughter. It is not widely used—at whom a bone marrow match cannot be In order to create an effective donor bank it least in this country. In the first 8 must obtain all licenses, certifications, and found, transplantation of these cells months of this year, 95 percent of all can be a life-saving therapy. registrations needed to operate. It must preform adequate screenings of the cord bone marrow reconstitutions were done In some cases cord blood stem cell using a bone marrow transplant. Only 5 transplants provide an advantage rel- blood in order to eliminate transmission of disease and other harmful infections. Donor percent used cord blood. This figure is ative to bone marrow transplants be- banks must uphold the utmost confiden- surprising when we consider the poten- cause they reduce risk to the donor, tiality to protect the patients and the donors tial benefits of cord blood relative to they are readily available, and they under HIPAA. A donor bank must encourage bone marrow. lower the risk of transplant complica- an ethnically diverse population of cord First, it can be very difficult to find tions. Cord blood stem cells also in- blood stem cells. A donor bank must also de- a suitable bone marrow donor. Accord- crease the success of transplantation velop an adequate system of communication ing to a General Accounting Office, for nationwide usage of cord blood stem from donors to recipients who are not GAO, report, of the 15,231 individuals fully matched, thus decreasing the dif- cells, and educate the public on the advan- tages of donating and utilizing cord blood needing bone marrow transplants be- ficulty of finding a fully matched stem cells. tween 1997 and 2000 who conducted a donor. Subsection (c): Administration of the Net- preliminary search of the National Cord blood transplantation has been work—Cord blood stem cell banks shall be Bone Marrow Donor Registry, NBMDR, used successfully to treat leukemia, run by a board of directors, including a only 4,056 received a transplant—a 27- lymphoma, immunodeficiency diseases, chairman. Each member of the board of di- percent success rate. This number is sickle cell anemia, and several meta- rectors shall serve a 3-year term, and the even lower for minorities. Cord blood bolic diseases. However, despite initial board will be represented by various experi- 1 would not only produce an additional successes, not enough cord blood exists enced people. Each year ⁄3 of the board of directors’ terms will expire. source of donation, it also does not re- currently to meet the need. Currently, There shall also be a National Cord Blood quire as exact a match as bone marrow. the number of cord blood stem cell Stem Cell registry. The registry shall find In addition, cord blood is readily units in the United States is insuffi- appropriate cord blood for matched can- available. While it can take months be- cient to meet the need. didates; allow searches in the registry for a tween finding a bone marrow match The bipartisan Cord Blood Stem Cell suitable donor for patients; and maintain a and actually receiving a transplant, a Act of 2003 proposes to establish an in- healthy, updated database. unit of cord blood can be utilized in a ventory of 150,000 cord blood stem cell The Database shall be confidential under HIPAA, and will be carefully monitored by matter of days or weeks. Cord blood units that reflects the diversity of the the Secretary. also lowers the risk of complications of United States and will enable at least Subsection (d): Authorization of Appro- both the donor and the recipient. The 90 percent of Americans to receive an priation—Authorizes $15 million for FY2004. need to extract bone marrow from the appropriately matched cord blood stem This is a therapy that can be life-saving for donor is eliminated, and the risk of in- cell transplant. The inventory would many Americans with diseases that can be fection or rejection by the recipient is provide a critical resource for those in treated by stem cell transplantation; par- significantly reduced. Finally, research ticularly for many minorities and other need of transplants and allocate a cer- Americans who are unable to find a match- has suggested that cord blood might tain proportion of units to sustain fur- ing bone marrow donor. I am pleased to in- produce better outcomes than bone ther research on cord blood stem cells. troduce this bill that will save lives by pro- marrow in children. The National Cord Blood Stem Cell viding Americans with the opportunity to re- Why then, given all of these benefits, Network, administered by the Sec- ceive a promising therapy. has the use of cord blood not become

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12470 CONGRESSIONAL RECORD — SENATE October 3, 2003 much more prevalent in the United and invest in research to fully tap the As the events of conflict in Iraq con- States? In Japan, where the use of cord potential of this technology. I urge my tinue we all hope and pray for the safe blood in clinical settings is more ad- colleagues to support this legislation. return of the men and women who are vanced, nearly half of all transplants f overseas, far from home protecting our now use cord blood rather than bone nation and others. SUBMITTED RESOLUTIONS marrow. Native Americans have fought in The relatively infrequent use of cord wars and conflicts that date back to blood in our country is at least partly SENATE RESOLUTION 239—DESIG- the days before the Revolution and attributable to the lack of a national NATING NOVEMBER 7, 2003, AS fought alongside the colonists during infrastructure for the matching and ‘‘NATIONAL NATIVE AMERICAN the Revolutionary war. distribution of cord blood units. There VETERANS DAY’’ TO HONOR THE Native people continued the call by are a handful of cord blood banks SERVICE OF NATIVE AMERICANS enlisting in the armed services of the around the country doing excellent IN THE UNITED STATES ARMED United States to fight in the many con- work, but there is a much more devel- FORCES AND THE CONTRIBUTION flicts of our past including the War of oped infrastructure for bone marrow. OF NATIVE AMERICANS TO THE 1812, the Civil War, and the Spanish- This is thanks to legislation passed by DEFENSE OF THE UNITED American war in 1898. Congress in 1986 that established a Na- STATES In 1868, the U.S. Army established the Indian scouts to utilize their spe- tional Registry for bone marrow. By Mr. CAMPBELL (for himself, Mr. the way, that legislation is due to be cial skill of scouting the enemy. Theo- INOUYE, Mr. BINGAMAN, Mr. JOHNSON, reauthorized next year—and I would dore Roosevelt recruited Native Ameri- Mr. THOMAS, and Mr. MCCAIN) sub- like to voice my strong support for mitted the following resolution; which cans to be part of his famous Rough that reauthorization. was referred to the Committee on the Riders. This is probably a little known Our bill would create a similar infra- Judiciary: fact. structure for cord blood. Specifically, Within the last century, approxi- S. RES. 239 it would direct the Secretary of Health mately 12,000 Native Americans served and Human Services, HHS, acting Whereas Native Americans have served in World War I, 44,000 in World War II with honor and distinction in the United through the Administrator of the States Armed Forces and defended the and the Korean War, 42,000 in the Viet- Health Resources and Services Admin- United States of America for more than 200 nam war, and at the end of the 20th istration, HRSA, to establish a Na- years; century there were nearly 190,000 Na- tional Cord Blood Stem Cell Bank Net- Whereas Native Americans have served in tive American Indian men and women work, as well as a registry of available wars involving the United States from Val- serving in the military. cord blood units. The network and reg- ley Forge to the 2003 hostilities in Afghani- At the same time, few people know istry would be required to collect a stan and Iraq; that American Indians were not made minimum of 150,000 units, which should Whereas Native Americans have served in citizens until Congress enacted the In- the Armed Forces with the highest record of be sufficient to provide a suitable military service of any group in the United dian Citizenship Act in 1924. match for 90 percent of the U.S. popu- States; In 2001, I was honored to take part in lation. Whereas the courage, determination, and ceremonies awarding the Congressional Donor banks would also be required fighting spirit of Native Americans have gold medal to the Navajo Code Talkers to educate the general public about the strengthened and continue to strengthen the who made such a great contribution to potential benefits of cord blood, and United States, including the United States the war efforts in the Pacific during encourage an ethnically diverse popu- Armed Forces; World War II. At a time when the Japa- lation of cord blood donors. Given the Whereas Native Americans have made the nese were breaking the codes developed ultimate sacrifice in defense of the United by American intelligence, the Code untapped potential of cord blood, at States, even in times when Native Ameri- least 10 percent of the available units cans were not citizens of the United States; Talkers made use of the Navajo lan- must also be made available for re- Whereas the establishment of a National guage to confound the enemy and com- search. Finally, the legislation author- Native American Veterans Day will honor municate military strategy and posi- izes an appropriation of $15 million for the continuing service and sacrifice of Na- tions without compromise. Of all the fiscal year 2004, and such sums as may tive Americans in the United States Armed codes developed in World War II, the be necessary for fiscal years 2005 Forces; and Navajo language code was the only one through 2008. Whereas November 7th, a date that falls not broken during World War II. Mr. President, before finishing today within the traditional observance of Native The Code Talkers story is not the American Indian Heritage Month, would be I would like to make it clear that I an appropriate day to establish a National only one worthy of recognition. Only strongly support the continuation of Native American Veterans Day: Now, there- recently was it rediscovered that an the excellent work done by the Na- fore, be it Oneida woman, Tyonajanegen, fought tional Marrow Donor Program Resolved, That the Senate— alongside her husband, an American (NMDP). Cord blood should act as a (1) honors the service of Native Americans army officer, during the American Rev- complement to—not a replacement in the United States Armed Forces and the olution. Sacajawea, a Shoshone for—bone marrow. In many cases, a contribution of Native Americans to the de- woman, guided and served as an inter- fense of the United States; bone marrow transplant is still the pre- (2) designates November 7, 2003, as ‘‘Na- preter for Lewis and Clark during their ferred therapy. Physicians should have tional Native American Veterans Day’’; expedition. Native women also served the ability to decide on a case-by-case (3) encourages all people in the United in the Spanish American War and basis which is best for their patients. States to learn about the history of the serv- World War I as military nurses. Ap- That is why I am hopeful that the ice of Native Americans in the Armed proximately 800 Native women served NMDP will have a very active role in Forces; and in World War II. They continued to an- designing and supporting the National (4) requests that the President issue a swer the call throughout the military Cord Blood Stem Cell Network and proclamation calling on the people of the campaigns of the Korean War, the Viet- United States to observe the day with appro- Registry. Ideally, the two will work to- priate programs, ceremonies, and activities nam War, Operations Desert Shield gether to provide a single resource to demonstrate support for Native American and, recently, Desert Storm. where doctors can search both cord veterans. We also honor the memory of Lori blood stockpiles and a list of marrow Mr. CAMPBELL. Mr. President, I am Piestewa, a Hopi woman, who fought donors for a suitable match for their pleased to be joined by Senators valiantly and bravely to protect her patients. INOUYE, BINGAMAN, JOHNSON, and THOM- fellows during the invasion of Iraq. I firmly believe that the creation of a AS in submitting a resolution to honor Just as we cheered when Jessica Lynch national infrastructure for cord blood Native American Indian veterans for was rescued and returned home, all will, in time, save the lives of thou- their service in the Armed Forces of Americans were saddened to learn of sands of gravely ill Americans. We the United States and to designate No- Lori Piestewa’s fate. have a responsibility to encourage use vember 7, 2003 as ‘‘National Native Some warriors served this country of cord blood where appropriate today, American Veterans Day’’. valiantly, yet fell, not by a bullet, but

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12471 by a broken heart. Ira Hayes is one people of the United States to observe the S. RES. 241 such man. He was a Pima Indian from month with appropriate programs, cere- Whereas the Palestinian people have a the Gila River Indian Reservation in monies, and activities. right to live in peace with the Israeli people Arizona. He eventually died a broken Mr. CAMPBELL. Mr. President, in a free and independent Palestinian state; man, a victim of alcoholism and de- today I am pleased to be joined by Sen- Whereas the leadership of both these peo- ples must be committed to moving the peace spair but to me will forever be known ators INOUYE, DORGAN, BINGAMAN, JOHNSON, DOMENICI, MCCAIN, THOMAS process forward; as an American hero who will forever Whereas violence undermines the estab- and HATCH in submitting a resolution be known as one of the Marines who lishment of a free and independent Pales- raised the American flag with five oth- to recognize the many contributions tinian state; ers atop Mount Suribachi after taking American Indians and Alaska Natives Whereas violence in Israel and the occu- the island of Iwo Jima from the Japa- have made to our great Nation and to pied territories effects the stability of the nese. designate November, 2003, as ‘‘National entire region; Indian people have special admira- American Indian Heritage Month’’ as Whereas Yasser Arafat has taken insuffi- Congress has done for nearly a decade. cient action as Chairman of the Palestinian tion and respect for our veterans. They Authority to reduce violence and terrorist pray for ones still in battle, alongside Native people have left an indelible imprint on many aspects of our every- acts; their fellow Americans, so that they Whereas Chairman Arafat has established can have a safe journey back to their day life that most Americans take for ties to those responsible for the violence; loving homes and families. They pray granted. The arts, education, science, Whereas high level officials in Chairman for the ones who have fought, and now, the armed forces, medicine, industry, Arafat’s administration and Chairman continue their journey through life’s and government are a few of the areas Arafat himself have illegally imported weap- struggles. that have been influenced by American ons and, according to the Department of Indian and Alaska Native people over State, sponsored a ship bringing more than I urge my colleagues to join me in 50 tons of weapons, including rockets, explo- supporting this resolution. the last 500 years. In the medical field, many of the sives, and assault rifles, to the Palestinian f Authority; healing remedies that we use today de- Whereas Chairman Arafat’s administration SENATE RESOLUTION 240—DESIG- rive from practices used first by Native is demonstrably corrupt, as proven by the NATING NOVEMBER 2003 AS ‘‘NA- people hundreds of years before we in- findings of the International Monetary Fund TIONAL AMERICAN INDIAN HER- corporated them into western medi- with respect to the actions of Chairman ITAGE MONTH’’ cine. Arafat to redirect $900,000,000 in government Native people revere the natural en- revenue to private bank accounts between Mr. CAMPBELL (for himself, Mr. vironment, have great respect for el- 1995 and 2000; INOUYE, Mr. DORGAN, Mr. BINGAMAN, ders and veterans, and cherish the fam- Whereas the Palestinian Authority supports Hamas, an organization that is com- Mr. JOHNSON, Mr. DOMENICI, Mr. ily which is the center of Indian life MCCAIN, Mr. THOMAS, and Mr. HATCH) mitted to the destruction of the state of and culture. These values are deeply Israel, and which threatens in its Covenant submitted the following resolution; rooted, strongly embraced and thrive which was referred to the Committee that ‘‘Israel will exist and will continue to with generation after generation of Na- exist until Islam will obliterate it, just as it on the Judiciary: tive people. obliterated others before it’’; S. RES. 240 From the difficult days of Valley Whereas the Palestinian Authority has Whereas American Indians and Alaska Na- Forge through our peace keeping ef- supported Hamas and Islamic Jihad; tives were the original inhabitants of the forts around the world today, Amer- Whereas Chairman Arafat consistently re- fuses to accept a two-state solution to the land that now constitutes the United States; ican Indian and Alaska Native people Whereas American Indians and Alaska Na- violence between Israelis and Palestinians; tives have traditionally exhibited a respect have proudly served and dedicated Whereas the Palestinian people need a for the finiteness of natural resources their lives in the military readiness strong leader capable of controlling militant through a reverence for the Earth; and defense of our country in wartime groups; and Whereas American Indians and Alaska Na- and in peace. It is a fact that on a per Whereas the Palestinian people need a tives have served with valor in all of the capita basis, Native participation rate strong leader committed to negotiating a wars of the United States, beginning with in the armed Forces outstrips the rates peace for them and their neighbors: Now, the Revolutionary War and continuing therefore, be it of all other groups in the Nation. Resolved, That it is the sense of the Senate through the conflict in Iraq, and the percent- Many Native men and women have age of Native Americans serving in the that— United States armed services has signifi- made the ultimate sacrifice in defend- (1) Chairman Yasser Arafat is not an agent cantly exceeded the percentage of Native ing the Nation, some before they were for peace, and the United States should not people in the population of the United States granted citizenship in 1924. continue dialogue with Chairman Arafat re- as a whole; Many of the words in our language garding the establishment of a peace be- Whereas American Indians and Alaska Na- have been borrowed from Native lan- tween Israelis and Palestinians; and tives have made distinct and important con- guages, including many of the names of (2) the United States should consider re- tributions to the world in many fields, in- ducing future financial assistance to the Pal- the rivers, cities, and States across estinian Authority if the Palestinian Au- cluding agriculture, medicine, music, lan- America. Indian arts and crafts have guage, and the arts; thority continues to fail to control groups Whereas American Indians and Alaska Na- also made a distinct impression on our like Hamas and Islamic Jihad whose goal is tives should be recognized for their contribu- heritage. to destroy both Israel and the peace process. tions to the United States, including as local By designating November 2003, as f and national leaders, artists, athletes, and ‘‘National American Indian Heritage SENATE RESOLUTION 242—TO EX- scholars; Month’’ we will continue to encourage PRESS THE SENSE OF THE SEN- Whereas such recognition will encourage self-esteem, pride, and self-awareness ATE CONCERNING THE DO-NOT- self-esteem, pride, and self-awareness in among American Indians and Alaska American Indians and Alaska Natives of all CALL REGISTRY Natives of all ages and remind all ages; and Americans of the contributions of the Ms. MURKOWSKI submitted the fol- Whereas November is a month during lowing resolution; which was referred which many Americans commemorate a spe- Native people of this great land. cial time in the history of the United States, to the Committee on the Judiciary: when American Indians and English settlers f S. RES. 242 celebrated the bounty of their harvest and Whereas on September 25, 2003, the United the promise of new kinships: Now, therefore, SENATE RESOLUTION 241—EX- States District Court for the District of Col- be it PRESSING THE SENSE OF THE orado decided the case of Mainstream Mar- Resolved, That the Senate— SENATE REGARDING THE PALES- keting Services, Inc. v. Federal Trade Com- (1) designates November 2003 as ‘‘National TINIAN AUTHORITY mission, 2003 U.S. Dist. LEXIS 16807; American Indian Heritage Month’’; and Whereas the case considered the constitu- (2) requests that the President issue a Mr. GRAHAM of South Carolina sub- tionality of the amended telemarketing sales proclamation calling on the Federal Govern- mitted the following resolution; which rules promulgated by the Federal Trade ment and State and local governments, in- was referred to the Committee on For- Commission, which established a do-not-call terested groups and organizations, and the eign Relations: registry;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12472 CONGRESSIONAL RECORD — SENATE October 3, 2003 Whereas the district judge held that the are not arbitrary and capricious be- on this measure to send yet another do-not-call registry violated the First cause the FTC considered the com- message to our courts that the privacy Amendment free speech rights of tele- ments of thousands of people and clear- of our homes cannot be invaded. marketers and was therefore unconstitu- ly made findings justifying their regu- tional; f lations. Whereas on September 25, 2003, Congress SENATE CONCURRENT RESOLU- Now, Congress has subsequently passed legislation reaffirming the authority TION 72—COMMEMORATING THE acted to establish in law the authority of the Federal Trade Commission to estab- 60TH ANNIVERSARY OF THE ES- for the FTC to say that telemarketers lish the do-not-call registry; TABLISHMENT OF THE UNITED Whereas over 50,000,000 telephone condo not enjoy a free rein into our homes STATES CADET NURSE CORPS sumers have signed up for the do-not-call by using the telephone. AND VOICING THE APPRECIA- registry, which was to go into effect on Octo- I say it is the people who have the TION OF CONGRESS REGARDING ber 1, 2003; and right to decide they do not want to be THE SERVICE OF THE MEMBERS Whereas the people of the United States hounded by telemarketers and those have the right to protect the privacy of their OF THE UNITED STATES CADET who would interrupt the sanctity of homes from unsolicited commercial tele- NURSE CORPS DURING WORLD their homes. marketing calls: Now, therefore, be it WAR II Resolved, That the Senate— The U.S. Supreme Court has found (1) strongly disapproves of the decision of that one aspect of residential privacy Mr. DASCHLE submitted the fol- the United States District Court in Main- is the right to avoid unwanted commu- lowing concurrent resolution; which stream Marketing Services, Inc. v. Federal nications. The Supreme Court also has was referred to the Committee on Trade Commission; and repeatedly held that individuals are Health, Education, Labor, and Pen- (2) directs the Senate Legal Counsel— not required to welcome unwanted sions: (A) to intervene in any case brought to de- S. CON. RES. 72 fend the constitutionality of the do-not-call speech into their homes and that the Whereas the United States experienced an registry; or government may protect this freedom. extreme shortage of nurses and medical per- (B) if unable to intervene, to file an amicus The entire purpose of the FTC’s ‘‘Do sonnel during World War II, and this short- curiae brief in support of the constitu- No Call Registry’’ program is to allow age was filled in part by the 180,000 women of tionality of the do-not-call registry. Americans to opt-out of receiving these the United States Cadet Nurse Corps; Ms. MURKOWSKI. Mr. President, I annoying phone calls. In my judgment Whereas the United States Cadet Nurse come to the floor today to address yet the court’s decision to stop this pro- Corps was under the jurisdiction of the Pub- another misguided judicial action that gram tilts our privacy rights out of lic Health Service, a branch of the uniformed is threatening again to prevent the balance in favor of these telemarketing services of the United States; ‘‘Do-Not-Call Registry’’ from going companies. Whereas the United States Cadet Nurse into effect on Wednesday, October 1. As we heard repeatedly on the Senate Corps was established pursuant to the Act of June 15, 1943 (Chapter 126; 57 Stat. 153), com- This body just last week addressed the floor last week, in just the few short monly known as the Bolton Act in honor of misguided application of the law from months since the FTC adopted these Congresswoman Frances Payne Bolton who a Federal Court in Oklahoma. rules nearly 50 million people have reg- introduced the legislation; Not 48 hours had passed before the istered to stop these harassing phone Whereas the members of the United States lawyers for the telemarketers found calls. Cadet Nurse Corps were required to undergo another judge to halt the implementa- Alaskans were looking forward to the training that involved 12-hour days in hos- tion of that program—this time on con- implementation of this FTC rule to pitals followed by classes, with specific give them the peace and quiet they standards for admission into the Corps; stitutional grounds. Whereas the members of the United States The U.S. District Court for the Dis- have sought for so long. We need this Cadet Nurse Corps made a pledge upon en- trict of Colorado in Mainstream Mar- FTC rule to protect our citizens and trance into their post to be available for keting Services, Inc., et. al. v. Federal their privacy. military, governmental, or essential civilian Trade Commission, last Friday held Americans and Congress have spo- services for the duration of World War II; that the FTC ‘‘Do-Not-Call Registry ken. People do not like to be disturbed Whereas the members of the United States violated the Right of Free Speech pro- by unwanted and harassing phone calls Cadet Nurse Corps wore uniforms with visions of the United States Constitu- from people selling products over the patches certified by the Secretary of the phone. The Administration listened to Army and served under the authority of tion. commissioned officers; How many times must this body the cries of Americans. Congress lis- Whereas members of the United States speak before the courts will listen? tened to the cries of Americans. Now Cadet Nurse Corps were charged with the re- Americans are outraged that their the courts must respect the choice of ception of sick and wounded members of the right to privacy can be invaded every the people by allowing this rule to go Armed Forces and performed other duties in night while they try to eat dinner with into effect. promotion of the public interest in connec- their families. Our lives are busy Unfortunately, the most recent court tion with military operations; enough throughout the day with work opinion on this issue shows yet again Whereas the United States Cadet Nurse and school, after school activities and that the justice system in America is Corps was responsible for saving civilian hospital nursing services by providing 80 percent preparing for the next day. To have a broken and badly in need of repair. of the nursing staff for civilian hospitals dur- little quiet time at dinner is not too The resolution that I submit today is ing World War II; much to ask, yet these telemarketing different from what the Senate voted Whereas some members of the United companies now feel it is their right to on last week. This resolution states States Cadet Nurse Corps left their families disturb our few moments of family soli- that it is the sense of the United States and served all across the Nation in various tude. Senate that the court’s judgment in hospitals, occasionally substituting for doc- In the first case they brought against this most recent case was in error. tors; and the regulations they argued lack of au- The Resolution further authorizes Whereas the United States Cadet Nurse Corps remains unrecognized as a military or- thority. Now they argue lack of con- the Senate Legal Counsel to intervene ganization and its members remain unrecog- stitutional support. What is next, lack in this most recent case to assert the nized as veterans of the United States Army: of ability to abide by what the Admin- constitutionality of the ‘‘Do-Not-Call Now, therefore, be it istration, Congress and the American Registry,’’ or if it is unable to inter- Resolved by the Senate (the House of Rep- people are clamoring for? vene, to file an amicus curiae brief in resentatives concurring), That Congress— Those who seek to stop the imple- support of the constitutionality of the (1) recognizes the members of the United mentation of this program assert they do-not-call registry. States Cadet Nurse Corps for their patriot- are protected by a right of free speech. Once again I ask this body: How ism and civic activism in a time of emergency during World War II; and Therein lies the problem. many times must we speak before the (2) honors the 60th Anniversary of the cre- The commercial speech that the tele- courts will let this rule go into effect? ation of the United States Cadet Nurse marketers seek to preserve is not held Hopefully the courts will pay attention Corps. to the same standard under the First today. Mr. DASCHLE. Mr. President, today Amendment as individual right of I am proud to submit this resolution I am submitting a concurrent resolu- speech. Further, the FTC regulations and I hope this body will act quickly tion to honor a special group of women

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12473 who served their Nation during World tunate that the Department of Defense be made available for Operation and Mainte- War II, veterans of the Cadet Nurse has elected to block efforts to recog- nance, Army: Provided, That these funds are Corps. nize these women as military veterans. available only for the purpose of securing During World War II, 250,000 nurses During the existence of the Cadet and destroying conventional munitions in Iraq, such as bombs, bomb materials, small were sent to the front lines to care for Nurse Corps, more than 124,000 Cadet arms, rocket propelled grenades, and shoul- Allied troops. By 1942, there was such a Nurses graduated from 1,125 schools op- der-launched missiles. shortage of civilian nurses in the erating nurse training programs f United States that many immuniza- around the country. Without the Cadet tions were cancelled and hundreds of Nurses, our battlefield medical serv- TEXT OF AMENDMENTS clinics were closed. An alarmingly high ices, as well as our health care here at SA 1825. Mr. BOND (for himself, Ms. number of babies were being delivered home, could not have carried on with MIKULSKI, Mr. DORGAN, and Mr. JEF- at home, without the assistance of the same proficiency. For their tre- FORDS) proposed an amendment to the medical professionals, and some hos- mendous service to our nation, I salute bill S. 1689, making emergency supple- pitals were forced to shut wards. the Cadet Nurse Corps, and I ask you to mental appropriations for Iraq and Af- To alleviate this shortage, nearly join with me in supporting this resolu- ghanistan security and reconstruction 180,000 young women answered the call tion honoring their patriotism. for the fiscal year ending September 30, of government recruiters to join the f 2004, and for other purposes; as follows: Cadet Nurse Corps. These young AMENDMENTS SUBMITTED AND At the appropriate place, insert the fol- women staffed domestic hospital wards lowing: PROPOSED while the overseas nurses cared for DEPARTMENT OF VETERANS AFFAIRS wounded troops on the front lines. The SA 1825. Mr. BOND (for himself, Ms. MIKUL- VETERANS HEALTH ADMINISTRATION Cadet Nurses comprised nearly 80 per- SKI, Mr. DORGAN, and Mr. JEFFORDS) pro- MEDICAL CARE cent of the nursing staff for civilian posed an amendment to the bill S. 1689, mak- For an additional amount for medical care ing emergency supplemental appropriations and related activities under this heading for hospitals during World War II, and, for Iraq and Afghanistan security and recon- without their service, our Nation could fiscal year 2004, $1,300,000,000, to remain struction for the fiscal year ending Sep- available until September 30, 2005. not have afforded to make such a tre- tember 30, 2004, and for other purposes. mendous commitment to providing SA 1826. Mr. DORGAN (for himself and Ms. SA 1826. Mr. DORGAN (for himself medical attention to our troops over- LANDRIEU) proposed an amendment to the and Ms. LANDRIEU) proposed an amend- seas. bill S. 1689, supra. ment to the bill S. 1689, making emer- Recently, a number of former Cadet SA 1827. Mr. FRIST (for Mr. FEINGOLD) proposed an amendment to the bill S. 1642, to gency supplemental appropriations for Nurses who trained at St. Luke’s Hos- extend the duration of the immigrant inves- Iraq and Afghanistan security and re- pital in Aberdeen, SD, gathered for a tor regional center pilot program for 5 addi- construction for the fiscal year ending reunion. This year, as you may know, tional years, and for other purposes. September 30, 2004, and for other pur- marks the 60th anniversary of the es- f poses; as follows: tablishment of the Cadet Nurse Corps. CORRECTED TEXT OF Beginning on page 25, strike line 5, and all The reunion drew about a dozen former that follows through page 28, line 15, and in- members of the Corps, including sev- AMENDMENTS—October 2, 2003 sert the following: eral who now live out of State. SA 1819. Mr. BYRD (for himself and FINANCING OF RECONSTRUCTION Among the participants was Esther Mr. DURBIN) submitted an amendment The President shall direct the head of the Roesch Buechler, and her story pro- intended to be proposed by him to the Coalition Provisional Authority in Iraq, in vides insight into what it was like to bill S. 1689, making emergency supple- coordination with the Governing Council of serve as a Cadet Nurse. mental appropriations for Iraq and Af- Iraq or a successor governing authority in Esther, now 78 years old, grew up in ghanistan security and reconstruction Iraq, to establish an Iraq Reconstruction Fi- Roscoe, a small community in north- for the fiscal year ending September 30, nance Authority. The purpose of the Author- central South Dakota. She was born ity shall be to obtain financing for the recon- 2004, and for other purposes; as follows: struction of the infrastructure in Iraq by with a number of medical problems At the appropriate place in Title III, insert collateralizing the revenue from future sales that have inspired her to help others in the following: of oil extracted in Iraq. The Authority shall need. With great support from her fa- SEC. ll. obtain financing for the reconstruction of ther, she was determined to devote her (a) None of the funds under the heading the infrastructure in Iraq through— life to medical care. Upon her gradua- Iraq Relief and Reconstruction Fund may be (1)(A) issuing securities or other financial tion from high school in 1943, Esther used for: a Facilities Protection Service Pro- instruments; or fessional Standards and Training Program; (B) obtaining loans on the open market joined the Cadet Nurse Corps. Assigned any amount in excess of $50,000,000 for com- to St. Luke’s, she recalls long, arduous from private banks or international finan- pletion of irrigation and drainage systems; cial institutions; and hours at a clinic whose nursing staff construction of water supply dams; any (2) to the maximum extent possible, had been decimated by the war. Later amount in excess of $25,000,000 for the con- securitizing or collateralizing such securi- in her training, she was sent to the VA struction of regulators for the Hawizeh ties, instruments, or loans with the revenue nursing home in Des Moines, Iowa, Marsh; any amount in excess of $50,000,000 for from the future sales of oil extracted in Iraq. where she treated World War I vet- a witness protection program; Postal Infor- erans, as well as new veterans from the mation Technology Architecture and Sys- SA 1827. Mr. FRIST (for Mr. FEIN- tems, including establishment of ZIP codes; GOLD) proposed an amendment to the World War II campaign. Following her civil aviation infrastructure cosmetics, such Cadet Nurse Corps experience, Esther bill S. 1642, to extend the duration of as parking lots, escalators and glass; muse- the immigrant investor regional center served in various hospitals for nearly ums and memorials; wireless fidelity net- 10 years before she retired to raise her works for the Iraqi Telephone Postal Com- pilot program for 5 additional years, children. And she passed her commit- pany; any amount in excess of $50,000,000 for and for other purposes; as follows: ment to medical service on to her chil- construction of housing units; any amount At the end, add the following: dren—her oldest son currently works in excess of $100,000,000 for an American-Iraqi SEC. 2. GAO STUDY. (a) IN GENERAL.—Not later than 1 year as a paramedic. Enterprise Fund; any amount in excess of $75,000,000 for expanding a network of em- after the date of enactment of this Act, the Cadet Nurses like Esther were an es- ployment centers, for on-the-job training, for General Accounting Office shall report to sential part of our military force. They computer literacy training, English as a Sec- Congress on the immigrant investor program were members of the Public Health ond Language or for Vocational Training In- created under section 203(b)(5) of the Immi- Service, one of our Nation’s seven uni- stitutes or catch-up business training; any gration and Nationality Act (8 U.S.C. formed services. They served under the amount in excess of $782,500,000 for the pur- 1153(b)(5)). authority of commissioned officers, chase of petroleum product imports. (b) CONTENTS.—The report described in sub- wearing patches certified by the Sec- (b) Notwithstanding any other provision of section (a) shall include information regarding— retary of the Army. And they treated this Act, amounts made available under the heading Iraq Relief and Reconstruction Fund (1) the number of immigrant investors that the injuries of troops returning home shall be reduced by $600,000,000. have received visas under the immigrant in- from the war front. Despite their dedi- (c) In addition to the amounts otherwise vestor program in each year since the incep- cated service to our Nation, it is unfor- made available in this Act, $600,000,000 shall tion of the program;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12474 CONGRESSIONAL RECORD — SENATE October 3, 2003 (2) the country of origin of the immigrant Connecticut for the term of four years, vice Claims Act, ATCA. For the past 23 investors; John R. O’Connor. years, judges have interpreted the (3) the localities where the immigrant in- DEPARTMENT OF STATE ATCA to allow victims of torture and vestors are settling and whether those inves- Richard Eugene Hoagland, of the District abuse to file claims in United States tors generally remain in the localities where of Columbia, a Career Member of the Senior courts against foreign governments, they initially settle; Foreign Service, Class of Minister-Counselor, (4) the number of immigrant investors that to be Ambassador Extraordinary and Pleni- torturers, and multinational corpora- have sought to become citizens of the United potentiary of the United States of America tions. Victims have used the act to States; to the Republic of Tajikistan. bring claims against notorious viola- (5) the types of commercial enterprises Pamela P. Willeford, of Texas, to be Am- tors of human rights, such as war that the immigrant investors have estab- bassador Extraordinary and Plenipotentiary criminal Radovan Karadzic, the former lished; and of the United States of America to Switzer- prime minister of the Philippines, Fer- land, and to serve concurrently and without (6) the types and number of jobs created by dinand Marcos, and the banks and com- the immigrant investors. additional compensation as Ambassador Ex- traordinary and Plenipotentiary of the panies that profited from Nazi war f United States of America to the Principality crimes. Professor Goldsmith’s opposi- AUTHORITY FOR COMMITTEES TO of Liechtenstein. tion to the use of ATCA reflects a dis- MEET James Casey Kenny, of Illinois, to be Am- turbing shift away from international bassador Extraordinary and Plenipotentiary COMMITTEE ON ARMED SERVICES of the United States of America to Ireland. efforts to hold human rights abusers Mr. SESSIONS. Mr. President, I ask Randall L. Tobias, of Indiana, to be Coordi- responsible for their inhumane treat- unanimous consent that the Com- nator of United States Government Activi- ment of innocent victims throughout mittee on Armed Services be author- ties to Combat HIV/AIDS Globally, with the the world. rank of Ambassador. ized to meet during the session of the W. Robert Pearson, of Tennessee, a Career Professor Goldsmith is also a vocal Senate on Friday, October 3, 2003, at Member of the Senior Foreign Service, Class opponent of the International Criminal 9:30 a.m., in closed session, to receive a of Minister-Counselor, to be Director Gen- Court, ICC. Over the past few months, briefing on the interim report on Iraq’s eral of the Foreign Service. the ICC has taken steps toward becom- weapons of mass destruction programs. William Cabaniss, of Alabama, to be Am- ing an effective tool to hold account- bassador Extraordinary and Plenipotentiary The PRESIDING OFFICER. Without able those accused of war crimes, geno- objection, it is so ordered. of the United States of America to the Czech Republic. cide, and crimes against humanity. Yet f David L. Lyon, of California, a Career Professor Goldsmith has dismissed the EXECUTIVE SESSION Member of the Senior Foreign Service, to Court as ‘‘futile’’ and ‘‘unrealistic.’’ serve concurrently and without additional Many believe that the ICC is the best compensation as Ambassador Extraordinary forum to bring the world’s worst crimi- and Plenipotentiary of the United States of EXECUTIVE CALENDAR America to be Ambassador to the Republic of nals to justice, but Professor Gold- Mr. FRIST. Mr. President, I ask Kiribati. smith has predicted that it is headed unanimous consent that the Senate im- Roderick R. Paige, of Texas, to be a Rep- for the grave: I am hopeful that the mediately proceed to executive session resentative of the United States of America United States can one day play a key to consider the following nominations to the Thirty-second Session of the General role in ensuring that the ICC effec- Conference of the United Nations Edu- tively carries out its historic mandate, on today’s Executive Calendar: Cal- cational, Scientific, and Cultural Organiza- endar Nos. 147, 308, 343, 354, 363, 379, 387, tion. and I worry that Professor Goldsmith 390, 391, 392, 393, 394, 395, 396, 397, 398, H. Douglas Barclay, of New York, to be has not demonstrated a commitment 399, 403, 404, and all nominations on the Ambassador Extraordinary and Pleni- to leading the administration in this Secretary’s desk. I further ask unani- potentiary of the United States of America important direction. to the Republic of El Salvador. mous consent that the nominations be Robert B. Charles, of Maryland, to be an Professor Goldsmith also vigorously confirmed; that the motions to recon- Assistant Secretary of State (International defended the President’s authority to sider be laid upon the table; that the Narcotics and Law Enforcement Affairs). try suspected terrorists by military President be immediately notified of DEPARTMENT OF JUSTICE tribunal, despite the concerns raised by the Senate’s action; and that the Sen- Karin J. Immergut, of Oregon, to be United many Americans and our allies about ate then return to legislative session. States Attorney for the District of Oregon the legality of these practices. Legiti- The PRESIDING OFFICER. Without for the term of four years. mate questions have been raised about DEPARTMENT OF HOMELAND SECURITY objection, it is so ordered. the administration’s inconsistency in C. Suzanne Mencer, of Colorado, to be the The nominations considered and con- bringing some cases in federal court firmed are as follows: Director of the Office for Domestic Prepared- ness, Department of Homeland Security. while referring other similar cases to INTERNATIONAL JOINT COMMISSION, UNITED (New Position) military tribunals, where the defend- STATES AND CANADA NOMINATIONS PLACED ON THE SECRETARY’S ants’ rights are fewer and the proce- Dennis L. Schornack, of Michigan, to be DESK Commissioner on the part of the United dures less clear. I urge Professor Gold- States on the International Joint Commis- FOREIGN SERVICE smith to take a hard look at the ad- sion, United States and Canada. PN356–3 Foreign Service nomination of ministration’s recent treatment of Pamela A. White, which was received by the DEPARTMENT OF JUSTICE prisoners of war: I fear it may have Senate and appeared in the Congressional negative implications for the treat- Jack Landman Goldsmith III, of Virginia, Record of February 25, 2003. ment of our own citizens abroad. to be an Assistant Attorney General. NOMINATION OF JACK LANDMAN GOLDSMITH III DEPARTMENT OF HOMELAND SECURITY Mr. LEAHY. Mr. President, we voted Professor Goldsmith’s positions on Penrose C. Albright, of Virginia, to be an today on the nomination of Prof. Jack ATCA, the ICC, and military tribunals Assistant Secretary of Homeland Security. Goldsmith to head the Office of Legal reflect a broader, disturbing trend in (New Position) Counsel at the Department of Justice. his thinking, scholarship and writings. DEPARTMENT OF JUSTICE I have serious reservations about Pro- At a time when the United States Daniel J. Bryant, of Virginia, to be an As- fessor Goldsmith’s nomination. In par- should be increasing our engagement in sistant Attorney General. ticular, I am concerned about his posi- the international community, I am DEPARTMENT OF ENERGY tions as they relate to the inter- concerned that Professor Goldsmith Rick A. Dearborn, of Oklahoma, to be an national protection of human rights, will advocate for less engagement. At a Assistant Secretary of Energy (Congres- time when the United States should be sional and Intergovernmental Affairs). the engagement of the United States in holding accountable those who commit increasing our global cooperation in DEPARTMENT OF JUSTICE crimes against humanity, the adminis- areas such as the war on terrorism, the Mauricio J. Tamargo, of Florida, to be environment, and international peace Chairman of the Foreign Claims Settlement tration’s use of military tribunals and, Commission of the United States for a term more broadly, our Nation’s place in the and security, I am concerned that Pro- expiring September 30, 2006. (Reappointment) global community. fessor Goldsmith will advocate for less John Francis Bardelli, of Connecticut, to Professor Goldsmith is a leading op- cooperation. At a time when the be United States Marshal for the District of ponent of the use of the Alien Tort United States should be reaffirming

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12475 our commitment to protecting indi- will report the concurrent resolution Whereas through the National Endowment vidual liberties, due process rights, and by title. for Democracy Act (22 U.S.C. 4411 et seq.), access to equal justice, I am concerned The assistant legislative clerk read signed into law by President Ronald Reagan that Professor Goldsmith lacks a true as follows: on November 22, 1983, Congress has made pos- commitment to these foundations of A concurrent resolution (H. Con. Res. 282) sible the funding of the Endowment’s world- our democracy. honoring the life of Johnny Cash. wide grant programs; I am also alarmed by the veil of se- There being no objection, the Senate Whereas 2003 also marks the 20th anniver- crecy that has been drawn by Attorney sary of the National Republican Institute for proceeded to consider the concurrent International Affairs (which was subse- General Ashcroft over the operations of resolution. quently renamed the International Repub- the Office of Legal Counsel. I encour- Mr. FRIST. I further ask consent lican Institute (IRI)), the National Demo- age Professor Goldsmith to allow the that the resolution be agreed to, the cratic Institute for International Affairs sun to shine into the Office of Legal preamble be agreed to, the motion to (NDI), and the Center for International Pri- Counsel by disclosing memoranda and reconsider be laid upon the table, and vate Enterprise (CIPE), all of which joined opinions to the American public, inso- any statements relating to the matter the Free Trade Union Institute (which was far as such disclosure would not raise be printed in the RECORD, all with no subsequently renamed as the American Cen- legitimate national security concerns. intervening action or debate. ter for International Labor Solidarity) to I hope that, within the context of The PRESIDING OFFICER. Without form the four affiliated institutions of the Professor Goldsmith’s temporary ap- objection, it is so ordered. Endowment; pointment, he will look beyond his aca- The concurrent resolution (H. Con. Whereas the Endowment and the affiliated demic musings and offer the objective Res. 282) was agreed to. institutes have supported grassroots pro- legal advice he promised this Senate he The preamble was agreed to. grams to build democratic institutions, would provide. As he develops his legal f spread democratic values, encourage free opinions and advises the administra- market institutions, and promote political COMMENDING NATIONAL ENDOW- parties, worker rights, independent media, tion, I hope that he seriously considers MENT FOR DEMOCRACY ON ITS human rights, the rule of law, civic edu- the universally accepted international 20TH ANNIVERSARY cation, conflict resolution, political partici- legal norms that have proven essential pation by women, and many other essential in protecting the rights of all members components of civil society and democratic CALLING ON PEOPLE’S REPUBLIC of our global community to freedom, governance in emerging and transitional de- security, and due process of law. OF CHINA TO RELEASE REBIYA mocracies, nondemocracies, and war-torn so- f KADEER cieties; LEGISLATIVE SESSION Whereas the programs carried out or fund- COMMENDING GOVERNMENT AND ed by the Endowment have made significant The PRESIDING OFFICER. Under contributions to the efforts of democratic PEOPLE OF KENYA the previous order, the Senate will now activists to achieve freedom and self-govern- return to legislative session. Mr. FRIST. Mr. President, I ask ance around the world; f unanimous consent that the Senate Whereas the Endowment, through the AUTHORITY FOR COMMITTEES TO proceed to the immediate consider- Journal of Democracy, the International REPORT LEGISLATIVE OR EXEC- ation of Calendar No. 300, S. Con. Res. Forum for Democratic Studies, the Reagan- UTIVE MATTERS UNTIL 4 P.M. 66; Calendar No. 301, S. Res. 230; and Fascell Democracy Fellows Program, and the World Movement for Democracy, has TODAY Calendar No. 302, S. Res. 231, en bloc. The PRESIDING OFFICER. Without served as a key center of democratic re- Mr. FRIST. Mr. President, I ask objection, it is so ordered. The clerk search, exchange, and networking, bringing unanimous consent that committees will report the concurrent resolution together thousands of democracy activists, have until 4 p.m. today to report legis- and the resolutions by title. scholars, and practitioners from around the lative or executive matters. The assistant legislative clerk read world; and Whereas the spread of democracy through- The PRESIDING OFFICER. Without as follows: objection, it is so ordered. out the world, to which the work of the En- A concurrent resolution (S. Con. Res. 66) f dowment has contributed significantly, has commending the National Endowment for enhanced the national security interests of AUTHORITY FOR COMMITTEES TO Democracy for its contributions to demo- the United States and advanced democratic cratic development around the world on the REPORT LEGISLATIVE AND EX- ideals and values throughout the world: Now, occasion of the 20th anniversary of the estab- ECUTIVE MATTERS therefore, be it lishment of the National Endowment for De- Mr. FRIST. Mr. President, I ask mocracy. Resolved by the Senate (the House of Rep- unanimous consent that notwith- A resolution (S. Res. 230) calling on the resentatives concurring), That Congress— standing the recess, committees be al- People’s Republic of China immediately and (1) commends the National Endowment for lowed to report legislative and execu- unconditionally to release Rebiya Kadeer, Democracy for its major contributions to the tive matters on Wednesday, October 8, and for other purposes. strengthening of democracy around the A resolution (S. Res. 231) commending the world on the occasion of the 20th anniver- between the hours of 10 a.m. and 12 Government and people of Kenya. noon. sary of the establishment of the Endowment; The PRESIDING OFFICER. Without There being no objection, the Senate and objection, it is so ordered. proceeded to consider the resolutions. (2) endeavors to continue to support the Mr. FRIST. I further ask unanimous vital work of the National Endowment for f consent the resolutions be agreed to, Democracy. AUTHORITY TO SIGN ENROLLED the preambles be agreed to, and the S. RES. 230 BILLS OR JOINT RESOLUTIONS motions to reconsider be laid upon the Mr. FRIST. I ask unanimous consent table, en bloc, and that any statements Whereas Rebiya Kadeer, a prominent busi- nesswoman from Xinjiang Uighur Autono- that during the adjournment period of relating to the matters be printed in mous Region of the People’s Republic of the Senate, the majority leader be au- the RECORD, all with no intervening ac- China, was arrested in September 1999, while thorized to sign duly enrolled bills or tion or debate. trying to meet United States Congressional joint resolutions. The PRESIDING OFFICER. Without staff; The PRESIDING OFFICER. Without objection, it is so ordered. Whereas the Congressional staff was on an objection, it is so ordered. The resolutions were agreed to. official visit to China organized under the f The preambles were agreed to. auspices of the Mutual Educational and Cul- HONORING THE LIFE OF JOHNNY The resolutions, with their pre- tural Exchange Program of the United CASH ambles, read as follows: States Information Agency; S. CON. RES. 66 Whereas Rebiya Kadeer was convicted at a Mr. FRIST. I ask unanimous consent Whereas November 22, 2003, marks the 20th secret trial and sentenced on March 10, 2000, that the Senate proceed to the imme- anniversary of the establishment of the Na- to 8 years in prison for ‘‘illegally giving diate consideration of Calendar No. 289, tional Endowment for Democracy (herein- state information across the border’’; H. Con. Res. 282. after the ‘‘Endowment’’), a bipartisan non- Whereas the newspapers she was carrying The PRESIDING OFFICER. Without governmental institution that promotes de- with her at the time of her arrest were all objection, it is so ordered. The clerk mocracy around the world; available to the public;

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY S12476 CONGRESSIONAL RECORD — SENATE October 3, 2003 Whereas from 1993 to 1998, Rebiya Kadeer (5) reaffirms the friendship that exists be- the regional center will have a positive was elected as a member of the Provincial tween the people of the United States and impact on the regional or national People’s Political Consultative Conference in the people of Kenya, as 2 nations bound to- economy in general. Xinjiang; gether by the shared values of democracy; The Judiciary Committee approved Whereas in 1995, Rebiya Kadeer was a dele- (6) applauds the regional peacemaking ef- gate to the United Nations Fourth World forts of Kenya and the contributions of the language in this bill unanimously, Conference on Women in Beijing; Kenya to international peacekeeping; as part of a substitute amendment to Whereas Rebiya Kadeer’s health is deterio- (7) commends the commitment and con- S. 1580, the Religious Workers Act of rating in prison and she is finding it difficult crete steps taken by the Government and 2003. I am pleased to include an amend- to perform her prison labor due to sickness; people of Kenya— ment from Senator FEINGOLD that the Whereas Rebiya Kadeer is the mother of 10 (A) to strengthen democracy, human Judiciary Committee also unanimously children; rights, and the rule of law; approved, calling for a GAO study on Whereas the United States Department of (B) to combat corruption, including the EB–5 program as a whole. Such a State has repeatedly expressed concerns through the passage by the Kenyan Par- about the continued imprisonment of Rebiya liament of the Public Officer Ethics Bill and study will give us a better idea of how Kadeer; the Anti-Corruption and Economic Crimes the program is working and what im- Whereas United States Assistant Secretary Bill; provements may be needed. of State for Democracy, Human Rights, and (C) to improve access to education; and This is an important program for my Labor, Lorne Craner, visited Xinjiang in De- (D) to prevent the transmission of HIV/ State and many other regions of the cember 2002 with the expectation that she AIDS; country, and I ask for the support of all would soon be released; (8) commits to working with the people of Senators in extending it for an addi- Whereas the day before Secretary Craner’s Kenya to continue making progress in com- visit to Xinjiang, 3 of Rebiya Kadeer’s chil- tional 5 years. bating corruption, encouraging development, Mr. FRIST. I ask unanimous consent dren were taken into custody and were re- fighting HIV/AIDS, and fostering respect for leased later with strict instructions not to the rule of law and a climate of trans- that the Feingold amendment, which is talk to anyone about their mother’s case; parency; and at the desk, be considered, agreed to, Whereas Rebiya Kadeer’s case was brought (9) welcomes the October 2003 visit of Ken- the bill as amended be read three times up before a hearing of the Senate Foreign yan President Mwai Kibaki to the United and passed, the motion to reconsider be Relations Committee on September 11, 2003, States. laid upon the table with no intervening by T. Kumar of Amnesty International USA; Whereas Chinese authorities are ignoring f action or debate, and that any statements related to the bill be printed in repeated requests from the United States EXTENDING THE DURATION OF the RECORD. Congress to release her; and THE IMMIGRANT INVESTOR RE- The PRESIDING OFFICER. Without Whereas President Bush is planning to at- GIONAL CENTER PILOT PRO- tend the APEC Conference in October 2003, in objection, it is so ordered. Thailand and is planning to have meetings GRAM The amendment (No. 1827) was agreed with the Chinese President, Hu Jintao, at Mr. FRIST. I ask unanimous consent to, as follows: the Conference: Now, therefore, be it that the Judiciary Committee be dis- AMENDMENT NO. 1827 Resolved, That the Senate— charged from further consideration of (1) condemns and deplores the detention of (Purpose: To require the General Accounting Rebiya Kadeer and calls for her immediate S. 1642, and that the Senate proceed to Office to report to Congress on the immi- and unconditional release; its immediate consideration. grant investor program) (2) urges President Bush to take urgent The PRESIDING OFFICER. Without At the end, add the following: steps to secure the release of Rebiya Kadeer objection it is so ordered. The clerk SEC. 2. GAO STUDY. as soon as possible; and will report the bill by title. (a) IN GENERAL.—Not later than 1 year (3) urges President Bush to demand Rebiya The assistant legislative clerk read after the date of enactment of this Act, the Kadeer’s immediate release when he meets as follows: General Accounting Office shall report to with Chinese President Hu Jintao at the Congress on the immigrant investor program A bill (S. 1642) to extend the duration of APEC Conference. created under section 203(b)(5) of the Immi- the immigrant investor regional center pilot S. RES. 231 gration and Nationality Act (8 U.S.C. program for 5 additional years, and for other 1153(b)(5)). Whereas on December 27, 2002, the Republic purposes. of Kenya successfully held presidential, par- (b) CONTENTS.—The report described in sub- liamentary, and local elections; There being no objection, the Senate section (a) shall include information regard- Whereas the elections were widely praised proceeded to consider the bill. ing— by objective international observers as free Mr. LEAHY. Mr. President, I urge the (1) the number of immigrant investors that and fair; Senate to pass S. 1642, a bill to extend have received visas under the immigrant in- Whereas the elections signal a major step for 5 years the EB–5 immigrant inves- vestor program in each year since the incep- tion of the program; forward for democracy in Kenya, particu- tor visa regional center pilot program, larly when compared with other elections (2) the country of origin of the immigrant held in Kenya since Kenya became an inde- which lapsed at the end of the fiscal investors; pendent state in 1963; year on Tuesday. I am pleased that (3) the localities where the immigrant in- Whereas the transition of power started by Senators BROWNBACK and DASCHLE vestors are settling and whether those inves- the elections culminated on December 30, have joined me in sponsoring this bill. tors generally remain in the localities where 2002, when former President Daniel Toroitich There are more than 25 regions in the they initially settle; arap Moi peaceably transferred the Kenyan Nation that have qualified as a ‘‘re- (4) the number of immigrant investors that presidency to President Mwai Kibaki; gional center’’ under this program, in- have sought to become citizens of the United States; Whereas the people of Kenya have mani- cluding in my State of Vermont. This fested a strong desire to combat the endemic (5) the types of commercial enterprises corruption that has crippled Kenyan society designation allows them to attract for- that the immigrant investors have estab- for years; and eign investment by adjusting the lished; and Whereas the Government of Kenya has re- standard that investors must meet to (6) the types and number of jobs created by sponded to this desire with concrete initia- obtain legal permanent resident status. the immigrant investors. tives aimed at fostering transparency and The entrepreneurs must still meet a The bill (S. 1642), as amended, was accountability in Kenya: Now, therefore, be heavy burden, however, showing that read the third time and passed, as fol- it lows: Resolved, That the Senate— their investment will create 10 or more (1) commends the people of the Republic of jobs in these relatively depressed areas. S. 1642 Kenya for conducting free and fair elections; The pilot program is narrowly tai- Be it enacted by the Senate and House of Rep- (2) commends the Government of Kenya for lored to avoid fraud. An area seeking resentatives of the United States of America in the successful completion of a peaceful and regional center status must provide, Congress assembled, orderly transition of power; among other things, detailed informa- SECTION 1. PILOT IMMIGRATION PROGRAM. (3) expresses its desire to see this new de- tion regarding how the center will pro- (a) PROCESSING PRIORITY UNDER PILOT IM- mocracy in Kenya thrive; mote economic growth through im- MIGRATION PROGRAM FOR REGIONAL CENTERS (4) acknowledges the suffering inflicted on TO PROMOTE ECONOMIC GROWTH.—Section 610 the people of Kenya as a result of terrorist proved regional productivity, job cre- of the Departments of Commerce, Justice, activity and appreciates the assistance and ation, and increased domestic capital and State, the Judiciary, and Related Agen- cooperation of Kenya to the global fight investment. The applicant must also cies Appropriations Act, 1993 (8 U.S.C. 1153 against terrorism; provide a detailed explanation of why note) is amended—

VerDate Mar 15 2010 21:07 Jan 14, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2003SENATE\S03OC3.REC S03OC3 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 3, 2003 CONGRESSIONAL RECORD — SENATE S12477 (1) by striking ‘‘Attorney General’’ each religious denominations or organiza- discrimination bill, which I spoke to in place such term appears and inserting ‘‘Sec- tions in the United States to bring in detail last night. The vote on final pas- retary of Homeland Security’’; and foreign nationals to perform religious sage of that bill will occur at 2:30 on (2) by adding at the end the following: work here. This modest program— October 14. Last night, I commended ‘‘(d) In processing petitions under section 204(a)(1)(H) of the Immigration and Nation- which provides for up to 5,000 religious the tremendous work on both sides of ality Act (8 U.S.C. 1154(a)(1)(H)) for classi- immigrant visas a year—was created in the aisle in addressing this legislation, fication under section 203(b)(5) of such Act (8 the Immigration Act of 1990, and has under the leadership in large part of U.S.C. 1153(b)(5)), the Secretary of Homeland been extended ever since. Senator OLYMPIA SNOWE, someone who Security may give priority to petitions filed These religious workers contribute has been working on this issue for at by aliens seeking admission under the pilot significantly not just to their religious least 6 years because I know I have program described in this section. Notwith- communities, but to the community as been working for at least the last 6 standing section 203(e) of such Act (8 U.S.C. a whole. They work in hospitals, nurs- years on that important legislation. 1153(e)), immigrant visas made available under such section 203(b)(5) may be issued to ing homes, and homeless shelters. They We completed debate on it last night. such aliens in an order that takes into ac- help immigrants and refugees adjust to We will vote on it Tuesday, October 14. count any priority accorded under the pre- the United States. In other words, they At that juncture, we will have ad- ceding sentence.’’. perform vital tasks that all too often dressed the issues of civil rights protec- (b) EXTENSION.—Section 610(b) of the De- go undone. tions and the importance of preventing partments of Commerce, Justice, and State, I have worked on this issue over the the use of genetic information in a dis- the Judiciary, and Related Agencies Appro- years, and cosponsored bills in 1997 and criminatory way. I look forward to priations Act, 1993 (8 U.S.C. 1153 note) is 2000 that would have made this pro- that vote on October 14. amended by striking ‘‘10 years’’ and inserting ‘‘15 years’’. gram permanent. I still believe that it In addition, this week we passed H.R. should be permanent but fully support 1925, called the Runaway Homeless and SEC. 2. GAO STUDY. a 5-year extension as the next best Missing Children’s Protection bill. This (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the thing. Time is now of the essence as we is the House companion bill to Senator General Accounting Office shall report to have entered Fiscal Year 2004 and al- HATCH’s bill which we passed earlier. Congress on the immigrant investor program lowed this program to lapse. In addition, Chairman SHELBY helped created under section 203(b)(5) of the Immi- The House passed this bill last month in securing passage of S. 1680, the De- gration and Nationality Act (8 U.S.C. by voice vote. I urge the Senate to fol- fense Production Act. We are grateful 1153(b)(5)). low suit by approving this extension for his efforts as this legislation ex- (b) CONTENTS.—The report described in sub- and sending it to the President without pired earlier this week. section (a) shall include information regard- further delay. We were also able to pass TANF this ing— week, the Temporary Assistance for (1) the number of immigrant investors that Mr. FRIST. I ask unanimous consent have received visas under the immigrant in- the bill be read a third time and Needy Families extension. Senators vestor program in each year since the incep- passed, the motion to reconsider be GRASSLEY and BAUCUS were instru- tion of the program; laid upon the table, and any state- mental in ensuring this was completed (2) the country of origin of the immigrant ments relating to the bill be printed in on time. investors; the RECORD. Chairman MCCAIN and the Commerce (3) the localities where the immigrant in- The PRESIDING OFFICER. Without Committee finished up and the full vestors are settling and whether those inves- objection, it is so ordered. Senate subsequently passed S. 1261, the tors generally remain in the localities where The bill (H.R. 2152) was read the third Consumer Product Safety Commission they initially settle; (4) the number of immigrant investors that time and passed. reauthorization. have sought to become citizens of the United f In addition, just a few moments ago, I read S. Con. Res. 66, which was a reso- States; ACCOMPLISHMENTS THIS WEEK (5) the types of commercial enterprises lution commending the National En- that the immigrant investors have estab- Mr. FRIST. Mr. President, at this dowment for Democracy for its con- lished; and juncture I wish to take a second to tributions to democratic development (6) the types and number of jobs created by thank everyone for their assistance around the world. That resolution has the immigrant investors. throughout this week. It has been a been introduced and addressed because f busy week. We have accomplished a it is the 20th anniversary of the estab- great deal. Earlier this week we began lishment of the National Endowment AMENDING THE IMMIGRATION consideration of the Iraq supplemental for Democracy. The sponsor of that AND NATIONALITY ACT request. We made good progress on the resolution was Senator LUGAR. Mr. FRIST. Mr. President, I ask supplemental request and, as we had I just wanted to mention that be- unanimous consent that the Judiciary discussed, we will complete action on cause I had the opportunity to sit Committee be discharged from further this request during the first week we through a board meeting and a review consideration of H.R. 2152, and the Sen- return. of the important programs the Na- ate proceed to its immediate consider- We also considered this week the DC tional Endowment for Democracy does, ation. appropriations bill. Although I am dis- the programs reflecting the tremen- The PRESIDING OFFICER. Without appointed we were unable to finish that dous work in promoting democracy in objection, it is so ordered. The clerk bill, we had very important debate and countries all around the world. I am will report the bill by title. discussion, much of which centered proud this body has passed this very The assistant legislative clerk read around the opportunity scholarships important resolution to commend that as follows: for impoverished children in the Dis- organization for the productive and A bill (H.R. 2152) to amend the immigra- trict, support for public charter very important work around the world. tion and nationality act to extend for an ad- schools, as well as additional support Finally, a short while ago, we were ditional 5 years the special immigrant reli- for public schools in the District. We able to confirm, along with seven gious worker program. were not successful in passing that bill. judges from earlier this week, a series There being no objection, the Senate I do want to assure my colleagues of executive nominations. One of these proceeded to consider the bill. that we will be coming back and ad- nominations was Randall Tobias to be Mr. LEAHY. Mr. President, this dressing that important issue of oppor- coordinator of U.S. Government activi- House bill is identical to S. 1580, the tunity scholarships for impoverished ties to combat HIV/AIDS globally with Religious Workers Act of 2003, of which schoolchildren in the District. We have the rank of Ambassador. This par- I am a proud cosponsor. The bill ex- addressed it and we will continue to ad- ticular position, in essence, is the per- tends for 5 years provisions of our im- dress it with the leadership of Mayor son in charge, the point person for the migration law that provide for special Anthony Williams as well as other United States of America, in terms of immigrant visas for religious workers local leaders. our global efforts to address one of the sponsored by religious organizations in Last night, we reached an agreement greatest moral, humanitarian, and pub- the United States. These visas allow for final passage on a genetic non- lic health challenges of the last 100

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JATINDER KAUR CHEEMA, OF VIRGINIA years; that is, the global threat of HIV/ Under a previous agreement, at ap- CARLEENE H. DEI, OF FLORIDA AIDS, a little virus that we in this proximately 2:30 p.m. on Tuesday, Oc- DAVID A. DELGADO, OF FLORIDA HELEN KIM GUNTHER, OF TEXAS country knew nothing about just 25 tober 14, the Senate will vote on pas- ROBERT G. HELLYER, OF CALIFORNIA years ago in 1980. It never had been in sage of S. 1053, the Genetic Non- JOYCE M. HOLFELD, OF THE DISTRICT OF COLUMBIA ALAN R. HURDAS, OF VIRGINIA the United States. It didn’t exist as a discrimination Act. HOMI JAMSHED, OF CALIFORNIA virus. But since that point in time it I inform all Members that vote on JANE NANDY, OF VIRGINIA ALEXANDER D. NEWTON, OF TEXAS has taken the lives of over 40 million the passage of S. 1053 will be the first RONALD E. OLSEN, OF VIRGINIA people, and is likely to take the lives vote of that day. Senators, however, ROBERT A. PHILLIPS, OF VIRGINIA WM. BRENT SCHAEFFER, OF TEXAS of 10, 20, 30, or 40 more million people. should expect rollcall votes throughout KEITH E. SIMMONS, OF CALIFORNIA The President of the United States in a the afternoon as the Senate continues SUSUMO KEN YAMASHITA, OF FLORIDA bold initiative has committed $15 bil- debate on amendments to the Iraq-Af- MICHAEL J. YATES, OF VIRGINIA THE FOLLOWING-NAMED CAREER MEMBER OF THE lion over 5 years to address the human- ghanistan supplemental appropriations FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL itarian challenge—a bold initiative, an bill. DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- EIGN SERVICE TO THE CLASS INDICATED: unprecedented initiative on a single f CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, disease, a single entity. Randall CLASS OF COUNSELOR, AND CONSULAR OFFICER AND ADJOURNMENT UNTIL TUESDAY, SECRETARY IN THE DIPLOMATIC SERVICE OF THE Tobias, now Ambassador Tobias, will UNITED STATES OF AMERICA: be the coordinator for that overall ef- OCTOBER 14, 2003, AT 9:30 A.M. STEPHEN J. HADLEY, OF VIRGINIA fort. Mr. FRIST. Mr. President, if there is THE FOLLOWING-NAMED CAREER MEMBERS OF THE In closing, I thank my colleagues for no further business to come before the SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- cooperation during this work period. I Senate, I ask unanimous consent that ICE TO THE CLASSES INDICATED: encourage all to rest. Most are going the Senate stand in adjournment under CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF CAREER back to their home States to be with the provisions of S. Con. Res. 71. MINISTER: constituents. I encourage them also to There being no objection, the Senate, KENNETH C. BRILL, OF CALIFORNIA rest their batteries because we will re- at 2:40 p.m., adjourned until Tuesday, JAMES B. CUNNINGHAM, OF PENNSYLVANIA JAMES A. LAROCCO, OF MICHIGAN turn for a very busy final few weeks of October 14, 2003, at 9:30 a.m. W. ROBERT PEARSON, OF CALIFORNIA this first session. f CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE f OF THE UNITED STATES OF AMERICA, CLASS OF MIN- NOMINATIONS ISTER-COUNSELOR: ORDERS FOR TUESDAY, OCTOBER KAREN AGUILAR, OF CALIFORNIA 14, 2003 Executive Nominations Received by KATHLEEN THERESE AUSTIN-FERGUSON, OF THE DIS- the Senate October 3, 2003: TRICT OF COLUMBIA Mr. FRIST. Mr. President, I ask JOHN R. BAINBRIDGE, OF MARYLAND DEPARTMENT OF TRANSPORTATION SYLVIA J. BAZALA, OF NEW JERSEY unanimous consent that when the Sen- MARCIA S. BERNICAT, OF NEW JERSEY ate completes its business today, it ad- JEFFREY A. ROSEN, OF VIRGINIA, TO BE GENERAL DEBORAH ANNE BOLTON, OF PENNSYLVANIA COUNSEL OF THE DEPARTMENT OF TRANSPORTATION, RENATE ZIMMERMAN COLESHILL, OF FLORIDA journ until 9:30 a.m., Tuesday, October VICE KIRK VAN TINE. JULIE GIANELLONI CONNOR, OF LOUISIANA 14; I further ask that following the DEPARTMENT OF STATE FREDERICK R. COOK, OF ILLINOIS TIMOTHY JOHN DUNN, OF CALIFORNIA prayer and the pledge, the morning EDWARD B. O’DONNELL, JR., OF TENNESSEE, A CAREER STEPHEN ANTHONY EDSON, OF KANSAS hour be deemed expired, the Journal of MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CYNTHIA GRISSOM EFIRD, OF NORTH CAROLINA COUNSELOR, FOR THE RANK OF AMBASSADOR DURING JAMES A. FORBES, OF NEVADA proceedings be approved to date, the HIS TENURE OF SERVICE AS SPECIAL ENVOY FOR HOLO- J. ANTHONY HOLMES, OF CALIFORNIA time for the two leaders be reserved for CAUST ISSUES. JOSEPH HUGGINS, OF THE DISTRICT OF COLUMBIA MIRIAM KAHAL HUGHES, OF FLORIDA their use later in the day, and the Sen- DEPARTMENT OF JUSTICE JAMES ROBERT KEITH, OF FLORIDA ate then begin a period of morning MICHELE M. LEONHART, OF CALIFORNIA, TO BE DEP- CRAIG ALLEN KELLY, OF CALIFORNIA business for up to 60 minutes, with the UTY ADMINISTRATOR OF DRUG ENFORCEMENT, VICE MARY ANNE KRUGER, OF VIRGINIA JOHN B. BROWN, III, RESIGNED. HELEN R. MEAGHER LA LIME, OF FLORIDA first 30 minutes under the control of JOYCE ELLEN LEADER, OF MARYLAND ELECTION ASSISTANCE COMMISSION ROBERT G. LOFTIS, OF COLORADO Senator HUTCHISON or her designee, and STEPHEN GEORGE MCFARLAND, OF TEXAS the second 30 minutes under the con- PAUL S. DEGREGORIO, OF MISSOURI, TO BE A MEMBER JAMES D. MCGEE, OF INDIANA OF THE ELECTION ASSISTANCE COMMISSION FOR A ALICE COOK MOORE, OF GEORGIA trol of the minority leader or his des- TERM OF TWO YEARS. (NEW POSITION) JOE D. MORTON, OF MARYLAND ignee; provided that following morning GRACIA M. HILLMAN, OF THE DISTRICT OF COLUMBIA, JOHN C. MURPHY, OF VIRGINIA TO BE A MEMBER OF THE ELECTION ASSISTANCE COM- JOSEPH ADAMO MUSSOMELI, OF TEXAS business the Senate resume consider- MISSION FOR A TERM OF TWO YEARS. (NEW POSITION) MARIANNE M. MYLES, OF NEW YORK ation of S. 1689, the Iraq-Afghanistan RAYMUNDO MARTINEZ III, OF TEXAS, TO BE A MEMBER WANDA LETITIA NESBITT, OF PENNSYLVANIA OF THE ELECTION ASSISTANCE COMMISSION FOR A JOHN JACOB NORRIS JR., OF VIRGINIA supplemental appropriations bill. TERM OF FOUR YEARS. (NEW POSITION) VICTORIA NULAND, OF CONNECTICUT I further ask unanimous consent that DEFOREST B. SOARIES, JR., OF NEW JERSEY, TO BE A MAURICE S. PARKER, OF CALIFORNIA MEMBER OF THE ELECTION ASSISTANCE COMMISSION DAVID D. PEARCE, OF MAINE the Senate recess from 12:30 p.m. to 2:15 FOR A TERM OF FOUR YEARS. (NEW POSITION) ROBERT CHAMBERLAIN PORTER JR., OF MAINE p.m. FOREIGN SERVICE JON R. PURNELL, OF NEW HAMPSHIRE MARCIE BERMAN RIES, OF TEXAS The PRESIDING OFFICER. Without THE FOLLOWING-NAMED CAREER MEMBER OF THE CAROL ANN RODLEY, OF MAINE objection, it is so ordered. SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- SANDRA J. SALMON, OF FLORIDA NATIONAL DEVELOPMENT FOR PROMOTION WITHIN THE NANCY MORGAN SERPA, OF NEW JERSEY f SENIOR FOREIGN SERVICE TO THE CLASS INDICATED: THOMAS ALFRED SHANNON JR., OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF MICHELE J. SISON, OF MARYLAND PROGRAM THE UNITED STATES OF AMERICA, CLASS OF CAREER- FREDERICK J. SUMMERS, OF CALIFORNIA MINISTER: BROOKS A. TAYLOR, OF NEW HAMPSHIRE Mr. FRIST. Mr. President, for the in- CHRISTOPHER WHITE WEBSTER, OF MARYLAND formation of all Senators, on Tuesday, ELENA L. BRINEMAN, OF VIRGINIA ELIZABETH A. WHITAKER, OF NEW YORK ROSE MARIE DEPP, OF OREGON SETH D. WINNICK, OF NEW JERSEY October 14, following morning business, DIRK WILLEM DIJKERMAN, OF VIRGINIA EMI LYNN YAMAUCHI, OF ILLINOIS the Senate will resume consideration LUCRETIA D. TAYLOR, OF VIRGINIA JAMES HOWARD YELLIN, OF PENNSYLVANIA GORDON H. WEST, OF VIRGINIA STEPHEN MARKLEY YOUNG, OF NEW HAMPSHIRE of the Iraq-Afghanistan supplement ap- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE JAMES P. ZUMWALT, OF CALIFORNIA propriations bill. OF THE UNITED STATES OF AMERICA, CLASS OF MIN- THE FOLLOWING-NAMED CAREER MEMBERS OF THE I encourage all Senators who have ISTER-COUNSELOR: FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR amendments to come to the floor Tues- HARRY FELIX BIRNHOLZ, OF NEW YORK FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- GEORGE DEIKUN, OF CALIFORNIA SULAR OFFICERS AND SECRETARIES IN THE DIPLO- day morning to offer those amend- GENE V. GEORGE, OF FLORIDA MATIC SERVICE, AS INDICATED: ments. We will complete action on this RICHARD H. GOLDMAN, OF WASHINGTON CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE DEBRA DEWITT MCFARLAND, OF FLORIDA OF THE UNITED STATED OF AMERICA, CLASS OF COUN- bill by the close of the week we return ALLAN E. REED, OF CALIFORNIA SELOR: from recess, and Senators should not MARK S. WARD, OF VIRGINIA PERRY MASON ADAIR, OF CALIFORNIA wait until the last minute to come for- THE FOLLOWING-NAMED CAREER MEMBERS OF THE CLAUDIA E. ANYASO, OF THE DISTRICT OF COLUMBIA FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL ABELARDO A. ARIAS, OF THE DISTRICT OF COLUMBIA ward with their amendments. DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- ANTHONY BENESCH, OF MARYLAND The bill managers have done a tre- EIGN SERVICE TO THE CLASS INDICATED: STEPHEN J. BLAKE, OF ILLINOIS CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ERGIBE A. BOYD, OF MARYLAND mendous job in moving this bill for- OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SAMUEL VINCENT BROCK, OF FLORIDA ward. They will be here Tuesday morn- SELOR: MARVIN S. BROWN, OF GEORGIA MICHAEL ANTHONY BUTLER, OF VIRGINIA ing to continue to work through the re- MARGARET R. ALEXANDER, OF THE DISTRICT OF COLUM- ANNE TAYLOR CALLAGHAN, OF CALIFORNIA maining amendments. We will com- BIA ARNOLD A. CHACON, OF COLORADO BRUCE N. BOYER, OF MARYLAND DANIEL A. CLUNE, OF MARYLAND plete that bill that week. GERALD ANTHONY CASHION, OF VIRGINIA GENE ALLAN CRETZ, OF NEW YORK

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ROBERT LAWRENCE DANCE, OF OHIO CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, JAMES CASEY KENNY, OF ILLINOIS, TO BE AMBAS- DANIEL DAVID DARRACH, OF TEXAS CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF CHRISTOPHER J. DATTA, OF THE DISTRICT OF COLUMBIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE THE UNITED STATES OF AMERICA TO IRELAND. PAUL MARTIN DOHERTY, OF CALIFORNIA UNITED STATES OF AMERICA: RANDALL L. TOBIAS, OF INDIANA, TO BE COORDINATOR ELLEN CONNOR ENGELS, OF VIRGINIA OF UNITED STATES GOVERNMENT ACTIVITIES TO COM- JAMES FREDERICK ENTWISTLE, OF VIRGINIA KEVIN MICHAEL BARRY, OF VIRGINIA BAT HIV/AIDS GLOBALLY, WITH THE RANK OF AMBAS- GLORIA K. BENEDICT, OF CALIFORNIA JONATHAN D. FARRAR, OF CALIFORNIA SADOR. LANNY ROGER BERNIER, OF FLORIDA JEFFREY DAVID FELTMAN, OF OHIO W. ROBERT PEARSON, OF TENNESSEE, A CAREER MEM- HERBERT L. CAMPBELL, OF RHODE ISLAND KATHLEEN M. FITZPATRICK, OF MARYLAND BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ROBERT A. ECKERT, OF PENNSYLVANIA CAROL S. FULLER, OF PENNSYLVANIA ISTER-COUNSELOR, TO BE DIRECTOR GENERAL OF THE MICHAEL T. EVANOFF, OF VIRGINIA JUDITH G. GARBER, OF CALIFORNIA FOREIGN SERVICE. JOHN HERBERT FRESE, OF VIRGINIA PHILIP S. GOLDBERG, OF NEW YORK WILLIAM CABANISS, OF ALABAMA, TO BE AMBAS- KAY E. GOTOH, OF VIRGINIA ROBERT GOLDBERG, OF MARYLAND SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF MICHAEL J. KOVICH, OF MICHIGAN GARY ANTHONY GRAPPO, OF FLORIDA THE UNITED STATES OF AMERICA TO THE CZECH REPUB- CHARLENE RAE LAMB, OF FLORIDA RAMONA HARPER, OF FLORIDA LIC. ATHENA M. MOUNDALEXIS, OF TENNESSEE MICHAEL J. HURLEY, OF WASHINGTON DAVID L. LYON, OF CALIFORNIA, A CAREER MEMBER PAUL T. PETERSON, OF FLORIDA OF THE SENIOR FOREIGN SERVICE, TO SERVE CONCUR- AMY J. HYATT, OF CALIFORNIA JUSTINE M. SINCAVAGE, OF PENNSYLVANIA EARL MICHAEL IRVING, OF CALIFORNIA RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS KENNETH L. STANLEY, OF CALIFORNIA AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY CHERIE J. JACKSON, OF COLORADO STEVEN C. TAYLOR, OF ALASKA ROBERT PORTER JACKSON, OF TENNESSEE OF THE UNITED STATES OF AMERICA TO BE AMBAS- TRACEY ANN JACOBSON, OF CALIFORNIA f SADOR TO THE REPUBLIC OF KIRIBATI. RICHARD E. JAWORSKI, OF MICHIGAN RODERICK R. PAIGE, OF TEXAS, TO BE A REPRESENTA- NABEEL A. KHOURY, OF NEW YORK CONFIRMATIONS TIVE OF THE UNITED STATES OF AMERICA TO THE THIR- RONALD JAMES KRAMER, OF ILLINOIS TY-SECOND SESSION OF THE GENERAL CONFERENCE OF JUNE HEIL KUNSMAN, OF MISSOURI THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND Executive nominations confirmed by CULTURAL ORGANIZATION. WILLIAM E. LUCAS, OF MARYLAND H. DOUGLAS BARCLAY, OF NEW YORK, TO BE AMBAS- JOSEPH ESTEY MACMANUS, OF NEW YORK the Senate October 3, 2003: SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF PATRICIA L. MCARDLE, OF CALIFORNIA INTERNATIONAL JOINT COMMISSION, UNITED THE UNITED STATES OF AMERICA TO THE REPUBLIC OF M. LEE MCCLENNY, OF WASHINGTON EL SALVADOR. NANCY E. MCELDOWNEY, OF FLORIDA STATES AND CANADA ROBERT B. CHARLES, OF MARYLAND, TO BE AN ASSIST- JOSEPH SHERWOOD MCGINNIS JR., OF MARYLAND DENNIS L. SCHORNACK, OF MICHIGAN, TO BE COMMIS- ANT SECRETARY OF STATE (INTERNATIONAL NARCOTICS CHRISTOPHER J. MCMULLEN, OF VIRGINIA SIONER ON THE PART OF THE UNITED STATES ON THE AND LAW ENFORCEMENT AFFAIRS). JAMES DESMOND MELVILLE JR., OF NEW JERSEY INTERNATIONAL JOINT COMMISSION, UNITED STATES W. MICHAEL MESERVE, OF MAINE AND CANADA. DEPARTMENT OF HOMELAND SECURITY PATRICIA NEWTON MOLLER, OF COLORADO RODERICK W. MOORE, OF RHODE ISLAND DEPARTMENT OF HOMELAND SECURITY C. SUZANNE MENCER, OF COLORADO, TO BE THE DIREC- WILLIAM H. MOSER, OF GEORGIA TOR OF THE OFFICE FOR DOMESTIC PREPAREDNESS, DE- THOMAS CLINTON NIBLOCK JR., OF TENNESSEE PENROSE C. ALBRIGHT, OF VIRGINIA, TO BE AN ASSIST- PARTMENT OF HOMELAND SECURITY. ANT SECRETARY OF HOMELAND SECURITY. BRIAN ANDREW NICHOLS, OF RHODE ISLAND THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ROBERT LLOYD NORMAN, OF OHIO DEPARTMENT OF ENERGY TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- NORMAN HARTMAN OLSEN JR., OF MAINE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ANDREW C. PARKER, OF PENNSYLVANIA RICK A. DEARBORN, OF OKLAHOMA, TO BE AN ASSIST- CONSTITUTED COMMITTEE OF THE SENATE. ANT SECRETARY OF ENERGY (CONGRESSIONAL AND ISIAH L. PARNELL, OF FLORIDA DEPARTMENT OF JUSTICE MARIA IFILL PHILIP, OF CALIFORNIA INTERGOVERNMENTAL AFFAIRS). DAVID A. QUEEN, OF FLORIDA DEPARTMENT OF STATE JACK LANDMAN GOLDSMITH III, OF VIRGINIA, TO BE AN MARTIN RICHARD QUINN, OF PENNSYLVANIA ASSISTANT ATTORNEY GENERAL. MICHAEL BERNARD REGAN, OF NEW JERSEY RICHARD EUGENE HOAGLAND, OF THE DISTRICT OF CO- DANIEL J. BRYANT, OF VIRGINIA, TO BE AN ASSISTANT DAVID MALCOLM ROBINSON JR., OF CONNECTICUT LUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN ATTORNEY GENERAL. TERRI L. ROBL, OF MARYLAND SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE AM- MAURICIO J. TAMARGO, OF FLORIDA, TO BE CHAIRMAN THOMAS FLAKE SKIPPER, OF NORTH CAROLINA BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF JAY THOMAS SMITH, OF INDIANA THE UNITED STATES OF AMERICA TO THE REPUBLIC OF THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER BARBARA J. STEPHENSON, OF FLORIDA TAJIKISTAN. 30, 2006. DONALD GENE TEITELBAUM, OF VIRGINIA PAMELA P. WILLEFORD, OF TEXAS, TO BE AMBAS- JOHN FRANCIS BARDELLI, OF CONNECTICUT, TO BE MARGARET A. UYEHARA, OF OHIO SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF UNITED STATES MARSHAL FOR THE DISTRICT OF CON- VICENTE VALLE VALLE JR., OF FLORIDA THE UNITED STATES OF AMERICA TO SWITZERLAND, NECTICUT FOR THE TERM OF FOUR YEARS. SHARON ENGLISH WOODS VILLAROSA, OF TEXAS AND TO SERVE CONCURRENTLY AND WITHOUT ADDI- KARIN J. IMMERGUT, OF OREGON, TO BE UNITED ROBERT S. WANG, OF CALIFORNIA TIONAL COMPENSATION AS AMBASSADOR EXTRAOR- STATES ATTORNEY FOR THE DISTRICT OF OREGON FOR KEVIN MICHAEL WHITAKER, OF VIRGINIA DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE TERM OF FOUR YEARS. JOSEPH Y. YUN, OF OREGON OF AMERICA TO THE PRINCIPALITY OF LIECHTENSTEIN. FOREIGN SERVICE NOMINATION OF PAMELA A. WHITE.

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APPOINTMENT OF CONFEREES ON Indeed, it wouldn’t be Fall in Morris County Mr. Speaker, with a current rushing at 9 feet H.R. 2660, DEPARTMENTS OF without the St. Clare’s Harvest Festival, but per second, Mr. Alaskey’s assault boat cap- LABOR, HEALTH AND HUMAN sadly, all of us who have treasured our time sized, slammed into a nearby bridge, and SERVICES, AND EDUCATION, AND at the Festival know that this year it will end. began to sink. As many of the men in Mr. RELATED AGENCIES APPROPRIA- On Saturday, October 4, thirty years of hard Alaskey’s battalion were drowning due to the TIONS ACT, 2004 work, tireless volunteerism and good old-fash- weight of ammunition strapped to their backs, ioned fun will culminate in the last Festival. Mr. Alaskey was able to hold onto a beam and SPEECH OF A wonderful fundraiser for the Hospital, the pull his battalion-mate J.C. Dyer from the rag- HON. CORRINE BROWN Harvest Festival was jointly established by the ing river to safety. Mr. Speaker, such an act of valor cannot go OF FLORIDA Sorrowful Mother, a Catholic order and Sister overlooked. Risking one’s life for the sake of IN THE HOUSE OF REPRESENTATIVES Mary Urban Harrer, who incidentally is cele- brating her 90th year and remains thrilled that another is the greatest gift anyone can pos- Thursday, October 2, 2003 her efforts have come this far. Each year the sibly give. I am proud to rise today in honor Ms. CORRINE BROWN of Florida. Mr. Festival offers delicious homemade foods, the of Mr. Alaskey and his courage. I also extend Speaker, this is an outright attack on orga- talents of local artisans and crafts men and congratulations to him for this truly distin- nized labor. Ever since George Bush and his women, and carnival rides and petting zoos guished Lifetime Achievement Award. administration were put in the White House by for the area’s children. A day at the Festival is f the Supreme Court, they have done nothing a day filled with memories. CONFERENCE REPORT ON S. 3, but cut taxes for the rich and destroy our These memories and the 30 years of suc- PARTIAL-BIRTH ABORTION BAN country’s labor movement. cess would not be possible without legions of ACT OF 2003 The regulations put forth by the administra- incredible volunteers who have dedicated so tion in March to change the Fair Labor Stand- much of their time, energy and spirit to the SPEECH OF ards Act that would deny overtime pay to over Festival year after year. The cooperation and 8 million employees is shameful. These regu- teamwork between community members and HON. CORRINE BROWN OF FLORIDA lations would be bad for many, many people: St. Clare’s staff—the fantastic doctors, nurses IN THE HOUSE OF REPRESENTATIVES including first responders like nurses, police and other health care professionals—is leg- and firefighters, and also journalists, account- endary. I especially want to recognize these Thursday, October 2, 2003 ants, grocery clerks, and others. Millions more, individuals who deserve our praise and thanks Ms. CORRINE BROWN of Florida. Mr. who have long depended upon overtime work for their commitment to serving their commu- Speaker, I support a woman’s right to make to help make ends meet, will face pay cuts, nity and helping others. So many of my con- choices on her own behalf. Abortion should be and at the same time, opportunities to work stituents will warmly recall the St. Clare’s Har- a private decision made by the woman, with overtime are being done away with. vest Festival and those who made it possible. the aid of her family and her doctor. The gov- I urge my colleagues to vote to instruct con- Though the Harvest Festival will no longer ernment should stay out of private medical de- ferees and to block the Bush administration be a ‘‘fall fixture’’ on the calendars of thou- cisions. from going on with this terrible change which sands of citizens in New Jersey, St. Clare’s Many, including myself, oppose the ban on would take overtime pay away from our coun- Hospital will continue to serve our commu- partial-birth abortion because it may restrict try’s hard-working people. nities with the same loving care and compas- the choices of a woman and her doctors in the f sion it has brought to the field of health care second trimester. It is normally during this time that amniocentesis tests are given and there- ST. CLARE’S HARVEST FESTIVAL for the last 50 years. Mr. Speaker, I know that you join me and fore the time when fatal birth defects are usu- my colleagues in congratulating all of those ally found. We need to leave choice in the HON. RODNEY P. FRELINGHUYSEN associated with the St. Clare’s Harvest Fes- hands of the woman, especially when we are OF NEW JERSEY tival on 30 years of success and in wishing dealing with issues like fetal birth defects. IN THE HOUSE OF REPRESENTATIVES the St. Clare’s Hospital family another 50 We all know that ‘‘Partial-birth’’ is a political Friday, October 3, 2003 years of outstanding community service. term, not a medical term. This name is designed to throw fuel on the already heated f Mr. FRELINGHUYSEN. Mr. Speaker, I rise abortion debate through graphic rhetoric and today to honor a tradition that for 30 years has IN HONOR OF MR. JOSEPH F. misinformation. brought together the families of some of the ALASKEY, JR. In describing what is banned, this bill does most vibrant communities in my Congressional not reference a recognized, established med- District. The people of Denville, New Jersey HON. JOHN E. SWEENEY ical procedure. In fact, the bill’s language is and its surrounding municipalities in Morris OF NEW YORK deliberately vague—banning safe and com- County, and all of Northern New Jersey have IN THE HOUSE OF REPRESENTATIVES mon procedures. For example, this bill does gathered each year to enjoy the St. Clare’s not mention fetal viability, so it has the poten- Friday, October 3, 2003 Harvest Festival, a day of family fun and frolic, tial to restrict abortions throughout pregnancy. all for a good cause, to benefit St. Clare’s Mr. SWEENEY. Mr. Speaker, I rise today to The Supreme Court has already ruled that we Hospital which also celebrates a milestone this pay tribute to Mr. Joseph F. Alaskey, Jr. On cannot do that. In Roe v. Wade and its com- year by providing 50 years of loving care and October 21st, 2003, Mr. Alaskey will be hon- panion case, Doe v. Bolton, the Supreme service to the people of Morris, Sussex and ored with a Lifetime Achievement Award at the Court held that a woman has the right to Warren Counties in northwestern New Jersey. Capital District Senior Issues Forum in Albany, choose legal abortion until viability. The Court The hospital was initially created to care for New York. He is being honored for his heroics said that states may ban abortion after that the nuns and guests at St. Francis Health Re- and bravery during his service to this great na- time, as long as exceptions are made to pro- sort, but the Sisters saw the need for a com- tion in World War II. tect a woman’s life or her health. Congress munity hospital to assist the ever increasing Mr. Speaker, on the night of December 8, simply should not be legislating on this issue. population of Denville. We are all glad for their 1944, the 2nd Platoon, Company A, 1276th This is one issue that Congress should leave vision as St. Clare’s has grown into an institu- Engineer Combat Battalion, with whom Mr. to the states. tion that delivers the highest quality health Alaskey was a Utility Repairman, attempted a When President Bush signs this measure, care, teaming up to provide the best medical patrol crossing of the Roer River in Flossdorf, he will become the first President since Roe v. care for New Jerseyans with the likes of the Germany. While they were crossing, the en- Wade to recriminalize safe abortion proce- distinguished Memorial Sloan-Kettering Can- emies opened nearby dams, causing the river dures. Congressional leaders are moving to- cer Center. to flood. ward the goal of ending legal abortion. This

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

VerDate jul 14 2003 01:34 Oct 04, 2003 Jkt 029060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.001 E03PT1 E1976 CONGRESSIONAL RECORD — Extensions of Remarks October 3, 2003 legislation is just one piece of the overall strat- determination, and teamwork that have made enjoyed such unparalleled success during the egy. With anti-choice leaders now controlling them a great source of civic pride and a local 2003 season. both the House and Senate, banning abortion attraction. I ask all of my colleagues to join In addition to a wonderful roster, the 2003 is once again becoming a top legislative pri- with me in saluting the remarkable 2003 Sac- River Cats also benefited greatly from the tu- ority. ramento River Cats. telage of one of the best coaching staffs and Why when there are so many other pressing Throughout the course of the season, the the leadership of one of the most progressive issues in this Nation, would Congressional Sacramento River Cats never left any doubt front offices in all of professional baseball. On leaders choose to introduce legislation that that they were top of the class of the Pacific the bench, the River Cats were lead by the has already been held unconstitutional? In Coast League. The River Cats displayed tre- 2003 Sporting News Minor League Manager 2000, the Supreme Court found Nebraska’s mendous consistency and excellence as they of the Year Tony DeFrancesco. Mr. DeFran- so-called ‘‘partial-birth’’ abortion ban unconsti- finished with a league best record of 92 wins cesco and his able assistants were able to tutional. The Court found that the law was an and 52 losses, a remarkable 18 games better harness one of the greatest collections of gift- unconstitutional burden on a woman’s right to than the closest competitor. The River Cats ed players in the Pacific Coast League into a choose. The Nebraska law banned safe abor- truly dominated the competition as 51 of the balanced team that is epitomized by fair play tion procedures and lacked the constitutionally River Cats’ victories were decided by more and an unyielding commitment to teamwork. In required exception to protect a woman’s than 3 runs. Backed by a spirited and loyal fan the front office, the River Cats are led by the health. These same issues are present in the base, the River Cats won a league-leading 50 visionary leadership of President and CEO Art bill now before Congress. games at home during the regular season. Savage and the astute management of Execu- I urge Congress to reject this ban on partial- The River Cats also won the franchise’s third tive Vice Presidents Warren Smith and Robert birth abortion. I support a woman’s right to division championship since relocating to Sac- Hemond. Under this leadership team, the make choices on her own behalf. The govern- ramento in 2000. By combining a high-octane River Cats have taken great steps to forge ment should stay out of important health deci- offense; a tenacious pitching staff, and a one of the strongest and most unique relation- sions, and leave those important health deci- steady defense, this year’s River Cats posted ships in all of sports with their team sup- sions to the woman, her family and her doctor. the best overall record and road record in porters. Given the River Cats front office’s f franchise history. It is clear that the 2003 Sac- commitment to the city of Sacramento, it is no RECOGNIZING THE SACRAMENTO ramento River Cats are one of the most domi- wonder why the River Cats have led all of RIVER CATS FOR WINNING THE nant teams in the illustrious 100-year history Minor League Baseball in attendance during 2003 PACIFIC COAT LEAGUE of the Pacific Coast League. each of their four years in Sacramento. CHAMPIONSHIP The 2003 Sacramento River Cats are com- Mr. Speaker, as the Sacramento River Cats prised of an outstanding blend of seasoned conclude their greatest season in franchise HON. ROBERT T. MATSUI veterans with major league experience and history and prepare to achieve greater tri- OF CALIFORNIA exciting young players who are destined to be umphs in the future, I am honored to pay trib- the superstars of tomorrow. This River Cats ute to the many hard working men and women IN THE HOUSE OF REPRESENTATIVES team is spearheaded by the all around excel- of the River Cats organization who brought so Friday, October 3, 2003 lence of Pacific Coast League’s Rookie of the much joy and pride to the people of Capitol Mr. MATSUI. Mr. Speaker, I rise in tribute to Year Bobby Crosby, Pitcher of the Year Justin Region and River Cats fans everywhere. Their the 2003 Sacramento River Cats, the deserv- Duchscherer and Most Valuable Player successes are considerable, and it is a great ing winners of the 2003 Pacific Coast League Graham Koonce. The 2003 River Cats be- honor for me to have the opportunity to pay Championship. The 2003 River Cats trium- came the first team to claim the three major tribute to their accomplishments. I ask all my phantly completed the season by winning all individual awards in the history of the Pacific colleagues to join with me in congratulating its postseason games, including a three-game Coast League. This dazzling array of players, the Sacramento River Cats on a wonderful sweep of the Nashville Sounds. The 2003 combined with a selfless commitment to team season and wishing them greater success in River Cats demonstrated remarkable courage, play, are major reasons why the River Cats future seasons.

VerDate jul 14 2003 01:34 Oct 04, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A03OC8.004 E03PT1 Friday, October 3, 2003 Daily Digest Senate Special Immigrant Worker Program Extension: Chamber Action Committee on the Judiciary was discharged from Routine Proceedings, pages S12421–S12479 further consideration of H.R. 2152, to amend the Measures Introduced: Eight bills and five resolu- Immigration and Nationality Act to extend for an tions were introduced, as follows: S. 1710–1717, S. additional 5 years the special immigrant religious Res. 239–242, and S. Con. Res. 72. Pages S12448–49 worker program, and the bill was then passed, clear- ing the measure for the President. Page S12477 Measures Reported: H.R. 4, to reauthorize and improve the program Emergency Supplemental Appropriations, Iraq of block grants to States for temporary assistance for and Afghanistan: Senate continued consideration of needy families, improve access to quality child care, S. 1689, making emergency supplemental appropria- with an amendment in the nature of a substitute. (S. tions for Iraq and Afghanistan security and recon- Rept. No. 108–162) Page S12448 struction for the fiscal year ending September 30, 2004, taking action on the following amendments Measures Passed: proposed thereto: Pages S12424–33 Honoring Johnny Cash: Senate agreed to H. Con. Pending: Res. 282, honoring the life of Johnny Cash. Byrd Amendment No. 1818, to impose a limita- Page S12475 tion on the use of sums appropriated for the Iraq Commending the National Endowment for De- Relief and Reconstruction Fund. Page S12424 mocracy: Senate agreed to S. Con. Res. 66, com- Byrd/Durbin Amendment No. 1819, to prohibit mending the National Endowment for Democracy the use of Iraq Relief and Reconstruction Funds for for its contributions to democratic development low priority activities that should not be the respon- around the world on the occasion of the 20th anni- sibility of U.S. taxpayers, and shift $600 million versary of the establishment of the National Endow- from the Iraq Relief and Reconstruction Fund to De- ment for Democracy. Pages S12575–76 fense Operations and Maintenance, Army, for significantly improving efforts to secure and destroy con- Calling for Rebiya Kadeer’s Release: Senate ventional weapons, such as bombs, bomb materials, agreed to S. Res. 230, calling on the People’s Re- small arms, rocket propelled grenades, and shoulder- public of China immediately and unconditionally to launched missiles, in Iraq. Page S12424 release Rebiya Kadeer. Pages S12575–76 Reid (for Stabenow) Amendment No. 1823, to Commending Kenya: Senate agreed to S. Res. provide emergency relief for veterans healthcare, 231, commending the Government and people of school construction, healthcare and transportation Kenya. Pages S12575–76 needs in the United States, and to create 95,000 new Immigrant Investor Regional Center Pilot Pro- jobs. Pages S12424–25 gram Extension: Committee on the Judiciary was Bond/Mikulski Amendment No. 1825, to provide discharged from further consideration of S. 1642, to additional VA Medical Care Funds for the Depart- extend the duration of the immigrant investor re- ment of Veterans Affairs. Pages S12425–27 gional center pilot program for 5 additional years, Dorgan Amendment No. 1826, to require that and the bill was then passed, after agreeing to the Iraqi oil revenues be used to pay for reconstruction following amendment proposed thereto: in Iraq. Pages S12427–33 Pages S12476–77 A unanimous-consent agreement was reached pro- Frist (for Feingold) Amendment No. 1827, to re- viding for further consideration of the bill at 10:30 quire the General Accounting Office to report to a.m., on Tuesday, October 14, 2003. Page S12478 Congress on the immigrant investor program. Authority for Committees: All committees were Pages S12476–77 authorized to file legislative and executive reports D1090

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during the adjournment of the Senate on Wednes- Randall L. Tobias, of Indiana, to be Coordinator day, October 8, 2003, from 10 a.m. until 12 noon. of United States Government Activities to Combat Page S12475 HIV/AIDS Globally, with the rank of Ambassador. Signing Authority Agreement: A unanimous-con- William Cabaniss, of Alabama, to be Ambassador sent agreement was reached providing that during to the Czech Republic. this adjournment period of the Senate, the Majority Roderick R. Paige, of Texas, to be a Representa- Leader be authorized to sign duly enrolled bills or tive of the United States of America to the Thirty- joint resolutions. Page S12475 second Session of the General Conference of the Nominations Confirmed: Senate confirmed the fol- United Nations Educational, Scientific, and Cultural lowing nominations: Organization. Dennis L. Schornack, of Michigan, to be Commis- A routine list in the Foreign Service. sioner on the part of the United States on the Inter- Pages S12474–75, S12479 national Joint Commission, United States and Can- Nominations Received: Senate received the fol- ada. lowing nominations: John Francis Bardelli, of Connecticut, to be Jeffrey A. Rosen, of Virginia, to be General Coun- United States Marshal for the District of Connecticut sel of the Department of Transportation. for the term of four years. Edward B. O’Donnell, Jr., of Tennessee, a Career Karin J. Immergut, of Oregon, to be United Member of the Senior Foreign Service, Class of States Attorney for the District of Oregon for the Counselor, for the rank of Ambassador during his term of four years. tenure of service as Special Envoy for Holocaust Jack Landman Goldsmith III, of Virginia, to be Issues. an Assistant Attorney General. Michele M. Leonhart, of California, to be Deputy C. Suzanne Mencer, of Colorado, to be the Direc- Administrator of Drug Enforcement. tor of the Office for Domestic Preparedness, Depart- ment of Homeland Security. (New Position) Paul S. DeGregorio, of Missouri, to be a Member Rick A. Dearborn, of Oklahoma, to be an Assist- of the Election Assistance Commission for a term of ant Secretary of Energy (Congressional and Intergov- two years. (New Position) ernmental Affairs). Gracia M. Hillman, of the District of Columbia, Penrose C. Albright, of Virginia, to be an Assist- to be a Member of the Election Assistance Commis- ant Secretary of Homeland Security. (New Position) sion for a term of two years. (New Position) Daniel J. Bryant, of Virginia, to be an Assistant Raymundo Martinez III, of Texas, to be a Member Attorney General. of the Election Assistance Commission for a term of Mauricio J. Tamargo, of Florida, to be Chairman four years. (New Position) of the Foreign Claims Settlement Commission of the Deforest B. Soaries, Jr., of New Jersey, to be a United States for a term expiring September 30, Member of the Election Assistance Commission for 2006. (Reappointment) a term of four years. (New Position) Robert B. Charles, of Maryland, to be an Assistant Routine lists in the Foreign Service. Secretary of State (International Narcotics and Law Pages S12478–79 Enforcement Affairs). Messages From the House: Page S12447 James Casey Kenny, of Illinois, to be Ambassador to Ireland. Executive Communications: Pages S12447–48 Pamela P. Willeford, of Texas, to be Ambassador Additional Cosponsors: Page S12449 to Switzerland, and to serve concurrently and with- Statements on Introduced Bills/Resolutions: out additional compensation as Ambassador to the Principality of Liechtenstein. Pages S12449–73 Richard Eugene Hoagland, of the District of Co- Additional Statements: Pages S12444–47 lumbia, to be Ambassador to the Republic of Amendments Submitted: Page S12473 Tajikistan. David L. Lyon, of California, to serve concurrently Authority for Committees to Meet: Page S12474 and without additional compensation as Ambassador Adjournment: Senate met at 9:30 a.m., and in ac- to be Ambassador to the Republic of Kiribati. cordance with the provisions of S. Con. Res. 71, ad- H. Douglas Barclay, of New York, to be Ambas- journed at 2:40 p.m., until 9:30 a.m., on Tuesday, sador to the Republic of El Salvador. October 14, 2003. (For Senate’s program, see the re- W. Robert Pearson, of Tennessee, to be Director marks of the Majority Leader in today’s Record on General of the Foreign Service. page S12478.)

VerDate jul 14 2003 02:08 Oct 04, 2003 Jkt 029060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D03OC3.REC D03OC3 D1092 CONGRESSIONAL RECORD — DAILY DIGEST October 3, 2003 Iraq’s weapons of mass destruction programs from Committee Meetings David Kay, Special Advisor to the Director of Cen- (Committees not listed did not meet) tral Intelligence for Strategy Regarding Iraqi Weap- ons of Mass Destruction Programs. IRAQ Committee on Armed Services: Committee met in closed session to receive a briefing on the interim report on h House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD Measures Introduced: 1 public bill, H.R. 3249, Week of October 6 through October 11, 2003 was introduced. Page H9218 Senate Chamber Additional Cosponsors: Page H9218 Senate will be in adjournment until 9:30 a.m. on Reports Filed: No reports were filed today. Tuesday, October 14, 2003. Speaker: Read a letter from the Speaker wherein he Senate Committees appointed Representative Thornberry to act as No meetings/hearings scheduled. Speaker pro tempore for today. Page H9217 Adjournment: The House met at 10 a.m. and ad- House Chamber journed at 10:03 p.m. To be announced. House Committees Committee Meetings Committee on Education and the Workforce, October 7, hearing entitled ‘‘Improving the Quality and Efficiency of EMERGENCY READINESS IN CAPITAL Commodity Distribution to Federal Child Nutrition Pro- REGION—POST-HURRICANE grams,’’ 2 p.m., 2175 Rayburn. October 9, Subcommittee on Workforce Protections, REASSESSMENT hearing on H.R. 1943, to amend the Fair Labor Stand- Committee on Government Reform: Held a hearing enti- ards Act of 1938 to permit certain youth to perform cer- tled ‘‘What if Isabel Met Tractor Man? A Post-Hur- tain work with wood products, 10 a.m., 2175 Rayburn. ricane Reassessment of Emergency Readiness in the Committee on Energy and Commerce, October 8, Sub- committee on Health, hearing entitled ‘‘Challenges Fac- Capital Region.’’ Testimony was heard from Eric ing the Medicaid Program in the 21st Century,’’ 10 a.m., Tolbert, Director, Response Division, Federal Emer- 2123 Rayburn. gency Management Agency, Department of Home- Committee on Financial Services, October 8, to consider land Security; the following officials of the State of the following bills: H.R. 3183, Depositary Services Effi- Virginia: John Marshall, Secretary of Public Safety; ciency and Cost Reduction Act; and H.R. 2575, Sec- and Charlie C. Crowder, Jr., General Manager, Fair- ondary Mortgage Market Enterprises Regulatory Improve- fax County Water Authority; Dennis R. Schrader, ment Act, 10 a.m., 2128 Rayburn. Director, Office of Homeland Security, State of Committee on Government Reform, October 7, Sub- committee on National Security, Emerging Threats and Maryland; the following officials of the District of International Relations, hearing entitled ‘‘Emerging Columbia: Peter G. LaPorte, Director, Emergency Threats: Assessing DOD Control of Surplus Chemical and Management Agency; and Jerry N. Johnson, General Biological Equipment and Material,’’ 10 a.m., 2154 Ray- Manager, Water and Sewer Authority; Richard burn. White, Chief Executive Officer, Washington Metro- October 8, full Committee, hearing on ‘‘Winning the politan Area Transit Authority; William J. Sim, Peace: Coalition Efforts to Restore Iraq,’’ 10 a.m., 2154 President, Pepco; Jay Johnson, President and CEO of Rayburn. Dominion Delivery, Dominion Virginia Power; and October 8, Subcommittee on Government Efficiency and Financial Management, oversight hearing entitled Leslie A. Violette, Treasurer, Belle View Condo- ‘‘25th Anniversary of the Inspectors General Act—Where minium Unit Owners Association Community. Do We Go From Here?’’ 2 p.m., 2247 Rayburn.

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October 8, Subcommittee on Human Rights and Committee on Resources, October 8, oversight hearing on Wellness, hearing on ‘‘The Environmental Impact of Mer- tribal self-governance issues, 10 a.m., 1324 Longworth. cury-Containing Dental Amalgams,’’ 3 p.m., 2154 Ray- Committee on Small Business, October 8, Subcommittee burn. on Tax, Finance, and Exports, hearing on the August 14, October 8, Subcommittee on Technology, Information 2003 Blackout: Effects on Small Business and Potential Policy, Intergovernmental Relations and the Census, hear- Solutions, 10 a.m., 2360 Rayburn. ing entitled ‘‘The IT Roadmap: An Overview of Home- Committee on Veterans’ Affairs, October 8, Subcommittee land Security’s Enterprise Architecture,’’ 10 a.m., 2247 on Health, to mark up H.R. 1585, to establish an office Rayburn. to oversee research compliance and assurance within the Committee on International Relations, October 8, to mark Veterans Health Administration of the Department of up H.R. 1828, Syrian Accountability and Lebanese Sov- Veterans Affairs, 1:30 p.m., 334 Cannon. ereignty Restoration Act of 2003, 11:30 a.m., 2172 Ray- Select Committee on Homeland Security, October 8, hearing burn. on H.R. 2886, Department of Homeland Security Finan- cial Accountability Act, 1 p.m., room to be announced.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Tuesday, October 14 12:30 p.m., Tuesday, October 7

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Tuesday: To be announced. morning business (not to extend beyond 10:30 a.m.), Sen- ate will resume consideration of S. 1689, Emergency Sup- plemental Appropriations Act. At 2:15 p.m., Senate will resume consideration of S. 1053, Genetic Information Nondiscrimination Act, with a vote on final passage to occur at approximately 2:30 p.m. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Brown, Corrine, Fla., E1975, E1975 Frelinghuysen, Rodney P., N.J., E1975 Matsui, Robert T., Calif., E1976 Sweeney, John E., N.Y., E1975

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