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, WEDNESDAY, JULY 23, 2003 No. 110 House of Representatives The House met at 10 a.m. WELCOMING PASTOR BEN HADEN INTERNATIONAL COMMUNITY The Reverend Dr. Ben Haden, OF CHANGED LIVES MINISTRIES MUST ACT NOW TO HELP THE Changed Lives Ministries, Chat- (Mr. WAMP asked and was given per- PEOPLE OF BURMA tanooga, Tennessee, offered the fol- mission to address the House for 1 (Mr. PITTS asked and was given per- lowing prayer: minute and to revise and extend his re- mission to address the House for 1 Join me in prayer. marks.) minute and to revise and extend his re- Almighty God, our Heavenly Father, Mr. WAMP. Mr. Speaker, I rise today marks.) we come in simplicity and honesty. to welcome one of Chattanooga, Ten- Mr. PITTS. Mr. Speaker, our State You are God; we are not. Thank You, nessee’s finest citizens, Pastor Ben Department should urge, as all of us Lord, for giving to these unique men Haden, to the House of Representatives should, the U.N. Security Council to and women the political gift to be as our guest chaplain for today. It is immediately address the ongoing con- elected and the opportunity to serve very special to introduce Ben, because flict in Burma. Democracy leader Aung You, country, and their constituency. he is a humble man of God with a min- San Suu Kyi remains disappeared, and Bless us, Lord, on the inside and make istry that has touched thousands of the military junta will not disclose her Your will plain, that these Your lead- lives. whereabouts. ers may lead and legislate to the honor Ben’s first career was in the news- The so-called Burmese State Peace of God and to the glory of this free paper business; but in the middle of his and Development Council, the SPDC, country. life, Jesus Christ touched his heart and which is their name for the military Bless us, Lord, in this war against 4 decades of ministry began. He came junta, uses slave labor, child soldiers, terrorism with victory and balance. to First Presbyterian Church of Chat- and mass rape campaigns against the Humble us and teach us Your great- tanooga in 1967 and quickly gained a people, the exact opposite of bringing ness, Your love, and Your forgiveness. reputation for his passion, his heart, peace and development to Burma. Yet And bless these our leaders with judg- and his sermons. His popularity and the SPDC is now lobbying surrounding ment, vision, and confidence in our fu- ability to draw worshipers soon re- governments to gain support for its ture. I pray in the name of Jesus sulted in closed-circuit televisions rule. Christ, my personal Lord, my personal being set up in the chapel and fellow- The Prime Minister of Thailand has created a road map for peace in Burma, saviour, and my personal friend. Amen. ship hall for overflow crowds. Not long after coming to First Pres- but the plan leaves the brutal dictator- f byterian, Ben launched his own radio ship in power. ministry, ‘‘Changed Lives,’’ on a radio What will it take for the inter- THE JOURNAL station in Chattanooga. This ministry national community to act? How many eventually grew to include a television political prisoners must be tortured The SPEAKER. The Chair has exam- program watched regularly by thou- and ethnic villagers brutally raped and ined the Journal of the last day’s pro- sands, including the Reverend Billy then murdered? How long must some- ceedings and announces to the House Graham. body be held incommunicado before his approval thereof. In March of 1999, Ben stepped down as strong, decisive action against the Pursuant to clause 1, rule I, the Jour- senior pastor from the First Pres- SPDC is taken? nal stands approved. byterian Church to devote his full ener- Mr. Speaker, the international com- gies to his radio ministry ‘‘Changed munity must act now to help the peo- f Lives.’’ ple of Burma. Mr. Speaker, I would like to thank f PLEDGE OF ALLEGIANCE Father Coughlin for inviting Ben The SPEAKER. Will the gentleman Haden to offer our invocation on this UNFUNDED FEDERAL MANDATE: from North Carolina (Mr. ETHERIDGE) day that the Lord hath made. Let us STOP THE FEDS FROM PASSING come forward and lead the House in the rejoice and be glad in it. THE BUCK FOR EDUCATION RE- FORM Pledge of Allegiance. f Mr. ETHERIDGE led the Pledge of (Mr. ETHERIDGE asked and was ANNOUNCEMENT BY THE SPEAKER Allegiance as follows: given permission to address the House PRO TEMPORE I pledge allegiance to the Flag of the for 1 minute and to revise and extend United States of America, and to the Repub- The SPEAKER pro tempore (Mr. SIM- his remarks.) lic for which it stands, one nation under God, MONS). The Chair will entertain ten 1- Mr. ETHERIDGE. Mr. Speaker, I rise indivisible, with liberty and justice for all. minute speeches on each side. today to demand that the Congress and

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 03:03 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.000 H23PT1 H7334 CONGRESSIONAL RECORD — HOUSE July 23, 2003 the President stop passing the buck on Mr. KUCINICH. Mr. Speaker, Steven trade agreements with Singapore and education reform to our States and Hadley, the Deputy National Security Chile. We find our Nation sunk in the local communities. Advisor, tried to take the President, hole of a $500 billion trade deficit, and Last week the House Committee on the Vice President, the Secretary of Congress is going to get out the shovels Rules held a hearing to consider the Defense, and the National Security Ad- and dig a little deeper. issue of unfunded mandates. As I have visor off the biggest hook in town by Mr. Speaker, 251,000 manufacturing noted on several occasions on the accepting the blame for the President jobs have been lost so far this year, ex- House floor, the Bush administration’s falsely claiming in the State of the ported from the United States; 53,000 $20 billion cut to the No Child Left Be- Union that Iraq was trying to go nu- jobs in May alone. We have a record hind Act has created a massive un- clear. 136.1 trade deficit for the first 3 months funded Federal mandate. As the former Hadley says he had ‘‘forgotten’’ the on a track to $550 billion trade deficit superintendent of my State’s public previous memos from Director Tenet this year. schools, I know firsthand that un- discounting an Iraq-Niger uranium Our trade policies are failing our funded mandates will cause real pain at connection and neglected to remove workers and our Nation and our future. the local level. this information from the speech. And the response of this administra- I believe the Federal Government So the American people are being tion and this Congress is a collective must live up to its obligation to fund asked to believe that the bogus major yawn and a vote to continue down the education reform. It is simply wrong to cause of war against Iraq eliminating a same disastrous path. It is pathetic. pass a piece of legislation that says we nuclear threat was advanced because a f are going to give you all that money to lower-level functionary simply over- Leave No Child Left Behind and then looked a memo from a higher func- RECENT LEGISLATION CREATING leave the money behind, while still tionary, and that the President, the LARGER GOVERNMENT PROGRAMS forcing schools to achieve new stand- Vice President, the Secretary of De- (Mr. STEARNS asked and was given ards. fense, and the National Security Advi- permission to address the House for 1 I have introduced legislation that re- sor were all blissfully unaware of the minute and to revise and extend his re- quires full funding of the No Child Left fact that false nuclear claims they marks.) Behind Act, and I urge my colleagues were circulating about Iraq were sim- Mr. STEARNS. Mr. Speaker, I am to join me in stopping the Federal ply the result of a memo misfiled by a concerned that a lot of our recent leg- practice of passing the buck to States national security clerk named Hadley. islation will create even larger govern- and local communities. Hadley? Hardly. Hadley? Hardly. ment programs. We face large deficits; Hadley? Hardly. f yet we continue to spend, and I am f concerned. HELP FROM UNEXPECTED PLACES Recently we had several amendments LOSS OF A HERO (Mr. PENCE asked and was given per- here on the House floor to reduce mission to address the House for 1 (Mr. BURGESS asked and was given spending by 1 percent across the board, minute and to revise and extend his re- permission to address the House for 1 yet they failed. We have increased marks.) minute and to revise and extend his re- spending on education, agricultural Mr. PENCE. Mr. Speaker, the Bible marks.) subsidies, and AIDS in Africa, and a asks the question, ‘‘From where does Mr. BURGESS. Mr. Speaker, the tax rebate for those who do not pay my help come from?’’ And sometimes State of Texas lost a hero last week. taxes. Now, honest men will call this help comes from unexpected places, Tex Schramm, the former Dallas Cow- income redistribution. We also have a boys president and general manager, like an anonymous civilian in Mosul new prescription drug benefit close at died at the age of 83. who brought the sadistic sons of a dic- hand. Mr. Schramm’s passion focused on If we continue to add new govern- tator to justice yesterday; and like the the Dallas Cowboys, but he was always words of a former President supporting ment programs, we will create even a looking out for the entire NFL. He had bigger and bigger government. Instead, the Bush administration’s assertion ideas ranging from using the phrase that Saddam Hussein likely had weap- we should try to solve our problems ‘‘America’s team’’ to letting officials with conservative and free market ons of mass destruction. correct calls through instant replay. principles, that is, bring choice, com- It was last night on CNN, former In 1991 he became the first team exec- petition, and personal responsibility to President Bill Clinton said, ‘‘When I utive elected to the Pro Football Hall our legislative initiatives. left office, there was a substantial of Fame. amount of biological and chemical ma- His partnership with Coach Tom f terial unaccounted for. That is, at the Landry produced 20 straight winning b 1015 end of the first Gulf War we knew what seasons, from 1966 to 1985, 18 playoff ap- he had. We knew what was destroyed in pearances, 13 division titles, five Super AMERICAN NATIONAL DEBT all the inspection processes. We Bowl appearances, and two champion- (Mr. HILL asked and was given per- bombed for 4 days in 1998, may have ships. mission to address the House for 1 gotten it all, may have gotten half of Tex Schramm was a significant force minute.) it, may have gotten none of it, but we in the AFL–NFL merger in 1966; and he Mr. HILL. Mr. Speaker, it has been didn’t know.’’ was the original chairman of the 803 days since President Bush and the ‘‘So,’’ President Clinton said, ‘‘I league’s competition committee, a po- Republican Party embarked on their thought it was prudent for the Presi- sition he held from 1966 to 1988. economic plan for our country. During dent to go to the U.N.’’ Instant replays and sideline radios in that time the national debt has in- And he went on to say, ‘‘If you don’t quarterback helmets were his ideas, creased by $1,082,452,325,550. According cooperate, the penalty could be regime but he also promoted the six-division, to the website for the Bureau of Public change, not just continued sanctions.’’ wild card playoff concept and will be Debt at the U.S. Department of Treas- So said former President Bill Clinton. forever remembered for introducing ury, yesterday at 4:30 p.m. Eastern Thank you, President Clinton, for America to the Dallas Cowboys Cheer- Standard Time, the Nation’s out- confirming what President Bush told leaders. standing debt was $6,722,777,711,908. America: Saddam Hussein had biologi- To the man who left a hole in the Furthermore, in fiscal year 2003, inter- cal and chemical weapons and con- Texas stadium roof so God could watch est on our national debt, or the ‘‘debt fronting him was prudent. his team, Tex, I know you are watching tax,’’ is $277,768,492,816 through June 30, f too. 2003. HADLEY? HARDLY! f f (Mr. KUCINICH asked and was given U.S. TRADE POLICIES ARE IT IS TIME FOR ACTION ON permission to address the House for 1 FAILING MEDICARE REFORM minute and to revise and extend his re- Mr. DEFAZIO. Today Congress will (Mr. BURNS asked and was given marks.) vote on and approve so-called free permission to address the House for 1

VerDate jul 14 2003 00:36 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.002 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7335 minute and to revise and extend his re- viduals who are working on behalf of The PATRIOT Act was intended to marks.) their constituents. enhance our homeland security, not to Mr. BURNS. Mr. Speaker, I rise f create an atmosphere of bigotry and today in recognition of the 38th anni- abuse towards our immigrant commu- versary of Medicare. INDIA INDEPENDENCE DAY nities. Medicare has faithfully provided (Mr. WILSON of South Carolina While the safety of our citizens is health care to nearly 40 million Ameri- asked and was given permission to ad- paramount, we must take caution to cans. However, as Medicare nears its dress the House for 1 minute and to re- find a balance that preserves our civil 40th year it is in a terrible crisis; a cri- vise and extend his remarks.) liberties on which our great Nation was sis of confidence, a crisis of finance, Mr. WILSON of South Carolina. Mr. founded. and a crisis of direction. Speaker, I rise today to commend India f You see, Mr. Speaker, medical care is on its annual celebration of Independ- COMMEMORATING THE 50TH ANNI- not the same today that it was 38 years ence Day on August 15, 1947. Happy VERSARY OF THE KOREAN WAR ago. That is why I supported H.R. 1, 56th birthday, Republic of India, the ARMISTICE legislation that will finally grant world’s largest democracy and friend of America’s seniors the health care America, the world’s oldest democracy. (Mr. BOOZMAN asked and was given choice and prescription drug benefits On that day, India became a free na- permission to address the House for 1 that they have waited almost 4 decades tion modeling its constitution after minute and to revise and extend his re- to enjoy. It is time for action. I urge our own. For nearly 56 years the people marks.) my colleagues to join with me in pro- of India have faithfully adhered to Mr. BOOZMAN. Mr. Speaker, I rise tecting, preserving, and enhancing democratic principles. During the Cold today to commemorate the upcoming Medicare. War we were not allied as closely as we 50th anniversary of the Korean War Ar- mistice and to honor all of the brave f should have been. However, times have changed now. India’s economy is rap- veterans who served in this conflict. On HONORING DR. MICHAEL DEBAKEY idly reforming and historic joint mili- July 27, 1953, the Korean War Armistice (Ms. JACKSON-LEE of Texas asked tary exercises are taking place between Agreement took effect ending a 3-year and was given permission to address our two great nations. war that was a crucial step in stopping the House for 1 minute and to revise According to Ambassador Lalit the spread of communism and Soviet and extend her remarks.) Mansingh, trade between India and influence. U.S. troops, along with their Ms. JACKSON-LEE of Texas. Mr. America soared 20 percent last year. allies, turned back North Korea’s ag- Speaker, Dr. Michael DeBakey is a Also, importantly, the Indian Amer- gression and protected South Korea friend of mine, a friend of the commu- ican community should be recognized from falling into communist rule. Today South Korea stands as a bea- nity. The renown House surgeon is a for their leadership, entrepreneurship, con, an economically prosperous repub- cherished member of the Houston com- family values and faith. Many Indian munity, the State of Texas and this lic, and a part of the world where sta- Americans left their homelands, imme- ble democracies are not usually the Nation. That is why I was so proud as diately assimilated and have achieved a Texan to be able to carry legislation norm. great success in America. As cochair of We all know by reading the headlines that would name the Houston Veterans the India Caucus I am so proud of this that things are not so good just across Hospital in my Congressional district dynamic community in South Carolina the 38th Parallel. after this great American. In so doing, and nationwide. Mr. Speaker, this Sunday marks the I sought the support of all of the mem- It is my sincerest hope that this new 50th anniversary of the end of the Ko- bers of the Texas delegation and car- friendship between the United States rean War. It is important that we be ried the legislation in both the 107th and India blossoms into a solid, serious eternally grateful to the men and and 108th Congress. relationship between mutual allies. women who took part in this cam- Lo and behold, everyone signed to be In conclusion, God bless our troops. paign, for without their sacrifices the a co-sponsor except the majority lead- f fall of the Soviet Union may never er, the gentleman from Texas (Mr. have been possible. DELAY. Although we asked on several PATRIOT ACT ABUSES occasions, his sponsorship did not (Ms. LORETTA SANCHEZ of Cali- f occur. But yet I pursued because I be- fornia asked and was given permission WHEN DO WE GET THE lieve that the honor was owed to Dr. to address the House for 1 minute and INVESTIGATION DeBakey. I would think that Texans to revise and extend her remarks.) (Mr. MCDERMOTT asked and was would be able to work together. But in Ms. LORETTA SANCHEZ of Cali- given permission to address the House the dark of night, the gentleman from fornia. Mr. Speaker, when the PA- for 1 minute and to revise and extend Texas (Mr. CULBERSON), I understand, a TRIOT Act was enacted in the after- his remarks.) colleague, offered a late night amend- math of September 11, civil rights ad- Mr. MCDERMOTT. Mr. Speaker, the ment in the VA-HUD bill without con- vocates expressed great concern about White House is beginning to sound tacting our office, without talking to the potential for abuse of the law by more and more line Animal House, in my constituents, without working in a law enforcement officials. Unfortu- that you have a bunch of adolescents collaborative effort. nately, many of their concerns were over there and they keep running for- I did not know to what level we warranted. ward saying, I did it, I did it. would get in breaking collegiality in The Inspector General recently deliv- First it was Mr. Tenet and now we this body, but I believe it has gone to ered findings of a new government in- have Mr. Hadley. When are we going to its lowest level. I pay tribute to Dr. vestigation to Congress. In it he states get the truth? When are we going to DeBakey. I will continue to work to that his office acted on 34 credible PA- have an investigation, not in secret, make sure this legislation is passed TRIOT Act violations in the first half done by the Permanent Select Com- and signed, but I will not stand and of 2003 alone and that he received over mittee on Intelligence, but out in the have my constituents or the 18th Con- 270 allegations of abuse. open. They did it in the British Par- gressional District so disrespected by The complaints are diverse. They liament. They were not afraid of de- colleagues in this body. It is a shame range from an officer holding a loaded mocracy there. But here we have to and a disgrace to the way we have gun to the head of a detainee, to a pris- have everything secret. We need an in- worked together on behalf of Texas. on guard ordering a Muslim inmate to vestigation about who did it. To Dr. DeBakey, I salute you. We remove his shirt so that the guards Where was Condoleezza Rice? This will get this legislation passed and it could use it to shine his shoes. These guy Hadley worked for her. Does she will be passed with the love, admira- incidents are intolerable and they de- make the decisions or does he? I have tion and respect of the people of the mand further review, and I commend not heard her stand up and say, well, if 18th Congressional District, not with the Inspector General for bringing I had only put my hand up and said no, underhanded tactics to undermine indi- them to our attention. it would not have happened.

VerDate jul 14 2003 00:36 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.005 H23PT1 H7336 CONGRESSIONAL RECORD — HOUSE July 23, 2003 But what is even more devious about Whereas pending a unanimous-consent re- Johnson (IL) Northup Sessions this is if you complain they attack. A quest to dispense with the reading of that Johnson, Sam Norwood Shadegg Jones (NC) Nunes Shaw Senator, a member of the other body, amendment the chairman deliberately and improperly refused to recognize a legitimate Keller Nussle Shays was attacked because he pointed out Kelly Osborne Shimkus and timely objection by a member of the Kennedy (MN) Ose Shuster that somebody in the White House had committee; the nerve, the nerve to uncover a CIA King (IA) Otter Simmons Now, therefore, be it King (NY) Oxley Simpson operative. That is a Federal crime. Resolved, That the House of Representa- Kingston Paul Smith (MI) Now, if we do not have an investiga- tives disapproves of the manner in which Kirk Pearce Smith (NJ) tion and find out who it is in the White Representative Thomas summoned the Kline Pence Smith (TX) Knollenberg Peterson (PA) Stearns House that thinks they can just get on United States Capitol Police to evict minor- Kolbe Petri ity party members of the Committee on Sullivan the horn and talk to a newspaper re- LaHood Pickering Sweeney Ways and Means from the committee library, porter and say, hey, did you know so Latham Pitts Tancredo and so was working for the CIA? That as well as the manner in which he conducted LaTourette Platts Tauzin the markup of legislation in the Committee Leach Pombo Taylor (NC) person should be fired immediately and Lewis (CA) Porter on Ways and Means on July 18, 2003, and Terry Lewis (KY) Portman probably charged. But we know they finds that the bill considered at that markup Thomas Linder Pryce (OH) were sent out there to do it by the Thornberry was not validly ordered reported to the LoBiondo Putnam Tiahrt folks upstairs. House, and calls for the police report to be Lucas (OK) Quinn Tiberi When we will have another, oh, gee, I placed in the CONGRESSIONAL RECORD. Manzullo Radanovich Toomey did not know, I should not have done The SPEAKER. The resolution con- McCotter Ramstad McCrery Regula Turner (OH) it? stitutes a question of the privileges of McHugh Rehberg Upton When do we get the investigation, the House under rule IX. McInnis Renzi Vitter Mr. Speaker? McKeon Reynolds Walden (OR) MOTION TO TABLE OFFERED BY MR. DELAY Mica Rogers (AL) Walsh f Mr. DELAY. Mr. Speaker, I have a Miller (FL) Rogers (KY) Wamp privileged motion at the desk. Miller (MI) Rogers (MI) Weldon (FL) PARLIAMENTARY INQUIRY Weldon (PA) The SPEAKER. The Clerk will report Miller, Gary Rohrabacher Ms. PELOSI. Mr. Speaker, I have a Moran (KS) Ros-Lehtinen Weller the motion. Murphy Royce Whitfield parliamentary inquiry. The Clerk read as follows: Musgrave Ryan (WI) Wicker The SPEAKER. The gentlewoman Myrick Ryun (KS) Wilson (NM) will state the inquiry. Mr. DELAY moves that the resolution be Nethercutt Saxton Wilson (SC) laid on the table. Neugebauer Schrock Wolf Ms. PELOSI. Mr. Speaker, my in- Ney Sensenbrenner Young (FL) quiry is as to when the privileged reso- The SPEAKER. The question is on lution of the gentleman from New York the motion to table offered by the gen- NAYS—193 tleman from Texas (Mr. DELAY). (Mr. RANGEL), the ranking member on Abercrombie Green (TX) Meek (FL) the Committee on Ways and Means, The question was taken; and the Ackerman Grijalva Meeks (NY) will be brought up before the House. Speaker announced that the ayes ap- Alexander Gutierrez Menendez peared to have it. Allen Hall Michaud The SPEAKER. It is in order some- Andrews Harman Millender- time today at the discretion of the Ms. PELOSI. Mr. Speaker, I object to Baca Hastings (FL) McDonald Chair. the vote on the ground that a quorum Baird Hill Miller (NC) Ms. PELOSI. Would that be very late is not present and make the point of Baldwin Hinchey Miller, George order that a quorum is not present. Ballance Hinojosa Mollohan at night or would it be during the day Becerra Hoeffel Moran (VA) when people would have a chance to The SPEAKER. Evidently a quorum Bell Holden Murtha hear the debate? is not present. Berman Holt Nadler The Sergeant at Arms will notify ab- Berry Honda Napolitano The SPEAKER. The Chair will advise Bishop (NY) Hooley (OR) Neal (MA) the gentlewoman that he will take that sent Members. Blumenauer Hoyer Oberstar under consideration. It is the intent of The vote was taken by electronic de- Boswell Inslee Obey the Chair to have it during regular vice, and there were—yeas 223, nays Boyd Israel Olver Brady (PA) Jackson (IL) Ortiz business hours today. 193, not voting 19, as follows: Brown (OH) Jackson-Lee Pallone Ms. PELOSI. Mr. Speaker, my con- [Roll No. 410] Brown, Corrine (TX) Pascrell cern springs from the fact that we have Capps John Pastor YEAS—223 Capuano Johnson, E. B. Payne a long legislative day today. Aderholt Capito Garrett (NJ) Cardin Jones (OH) Pelosi f Akin Carter Gerlach Cardoza Kanjorski Peterson (MN) Bachus Castle Gibbons Carson (IN) Kaptur Pomeroy PRIVILEGES OF THE HOUSE—MAN- Baker Chabot Gilchrest Carson (OK) Kennedy (RI) Price (NC) NER OF CONDUCTING MARKUP Ballenger Chocola Gillmor Case Kildee Rahall Barrett (SC) Coble Gingrey Clyburn Kilpatrick Rangel OF LEGISLATION IN COMMITTEE Bartlett (MD) Collins Goode Cooper Kind Reyes ON WAYS AND MEANS Barton (TX) Cox Goodlatte Costello Kleczka Rodriguez Bass Crane Goss Cramer Kucinich Ross Ms. PELOSI. Mr. Speaker, pursuant Beauprez Crenshaw Granger Crowley Lampson Rothman to rule IX, I rise to a question of the Bereuter Cubin Graves Cummings Langevin Roybal-Allard privileges of the House, and I offer a Biggert Culberson Green (WI) Davis (AL) Lantos Ruppersberger Bilirakis Cunningham Greenwood Davis (CA) Larsen (WA) Rush resolution (H. Res. 330) and ask for its Bishop (UT) Davis, Tom Gutknecht Davis (FL) Larson (CT) Ryan (OH) immediate consideration. Blackburn Deal (GA) Harris Davis (IL) Lee Sabo The Clerk read the resolution, as fol- Blunt DeLay Hart DeFazio Levin Sanchez, Linda lows: Boehlert DeMint Hastert DeGette Lewis (GA) T. Boehner Diaz-Balart, L. Hastings (WA) Delahunt Lipinski Sanchez, Loretta Whereas during a meeting of the Com- Bonilla Diaz-Balart, M. Hayes DeLauro Lofgren Sanders mittee on Ways and Means on July 18, 2003, Bonner Doolittle Hayworth Deutsch Lowey Sandlin for the consideration of the bill H.R. 1776, Bono Dreier Hefley Dicks Lucas (KY) Schakowsky the chairman of the Committee on Ways and Boozman Duncan Hensarling Dingell Lynch Schiff Means offered an amendment in the nature Bradley (NH) Dunn Herger Doggett Majette Scott (GA) Brady (TX) Ehlers Hobson Dooley (CA) Maloney Scott (VA) of a substitute; Brown (SC) Emerson Hoekstra Doyle Markey Serrano Whereas during the reading of that amend- Brown-Waite, English Hostettler Edwards Marshall Sherman ment the chairman of the Ways and Means Ginny Everett Houghton Emanuel Matheson Skelton Committee directed majority staff of the Burgess Feeney Hulshof Engel Matsui Slaughter committee to ask the United States Capitol Burns Flake Hunter Eshoo McCarthy (MO) Smith (WA) Police to remove minority-party members of Burr Fletcher Hyde Etheridge McCarthy (NY) Snyder the committee from a room of the com- Burton (IN) Foley Isakson Evans McCollum Solis Buyer Forbes Issa Farr McDermott Spratt mittee during the meeting, causing the Calvert Fossella Istook Filner McGovern Stark United States Capitol Police thereupon to Camp Franks (AZ) Janklow Frost McIntyre Stenholm confront the minority-party members of the Cannon Frelinghuysen Jenkins Gonzalez McNulty Strickland committee; Cantor Gallegly Johnson (CT) Gordon Meehan Stupak

VerDate jul 14 2003 00:36 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.018 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7337 Tanner Udall (CO) Waxman I rise in support of the Levin amend- fading away. American workers are the Tauscher Udall (NM) Weiner ment and commend the gentleman most productive workers in the world. Taylor (MS) Van Hollen Wexler Thompson (CA) Velazquez Woolsey from Michigan for his leadership in Let us let them compete. The gen- Thompson (MS) Visclosky Wu bringing this important amendment to tleman from Michigan’s (Mr. LEVIN) Tierney Waters Wynn the floor and his important work on be- amendment does just that. I urge my Towns Watson Turner (TX) Watt half of America’s working families. colleagues to support the Levin amend- As House Democratic leader, I proud- ment. NOT VOTING—19 ly assert the Democratic Party’s com- Mr. KOLBE. Mr. Chairman, I yield Berkley Davis, Jo Ann Moore mitment to trade and what it does for myself such time as I may consume. Bishop (GA) Fattah Owens Boucher Ferguson Sherwood our economy. That commitment to Just to set the order of how we are Clay Ford Souder trade was exemplified in President doing this, last night we had the debate Cole Frank (MA) Young (AK) Kennedy’s 1962 State of the Union Ad- for the most part on the substance of Conyers Gephardt Davis (TN) Jefferson dress, which I point to with great this, and so at the conclusion of my re- pride. At that time President Kennedy marks I will make a point of order that ANNOUNCEMENT BY THE SPEAKER said: ‘‘For together we face a common I reserved last night that this amend- The SPEAKER (during the vote). challenge: to enlarge the prosperity of ment is not in order. Members are advised there are 2 min- free men everywhere, to build in part- b 1100 utes left in this vote. nership a new trading community in b 1050 which all free nations may gain from I did say, indeed, Mr. Chairman, that the gentleman from Michigan was in- Mr. BILIRAKIS changed his vote the productive energy of free competi- genious in the device of this amend- from ‘‘nay’’ to ‘‘yea.’’ tive effort.’’ So the motion to table was agreed to. That was his challenge and it was fol- ment. He was very clever. The result of the vote was announced lowed up by the Kennedy Round, the It does not mean I think it is right in as above recorded. most ambitious round of trade negotia- policy. Indeed, I think it is very wrong A motion to reconsider was laid on tions under the aegis of GATT until policy, because what it does is say that the table. that time. The Kennedy Round lasted no funds shall be expended by the U.S. Stated against: from 1963 to 1967. Its goal was to lift up Trade Representative unless the nego- Mr. DAVIS of Tennessee. Mr. Speaker, on developing countries of the world, open tiations do exactly the following rollcall No. 410, had I been present, I would our markets to their products to help things. In other words, the USTR is in have voted ‘‘nay’’. them develop and create markets for a straitjacket from the very beginning f U.S. products abroad. The gentleman of negotiations. The very essence of a negotiation on DEPARTMENTS OF COMMERCE, from Michigan’s (Mr. LEVIN) amend- ment is in keeping with that proud tra- trade agreement is we give something JUSTICE, AND STATE, THE JUDI- here, the other side gives something CIARY, AND RELATED AGENCIES dition. I thank the gentleman. Last night the gentleman from Ari- there. But to demand they have exact APPROPRIATIONS ACT, 2004 zona (Mr. KOLBE), the distinguished parity from the very beginning abso- The SPEAKER. Pursuant to House representative of the majority party on lutely destroys the essence of a nego- Resolution 326 and rule XVIII, the this debate and chairman of the For- tiation. That is the substance of what Chair declares the House in the Com- eign Operations, Export Financing and we are talking about here. mittee of the Whole House on the State Related Programs Subcommittee said It would be very bad policy. It would of the Union for the further consider- ‘‘I want to commend the gentleman essentially mean that we could not ation of the bill, H.R. 2799. from Michigan for the crafting of this have a Central American Free Trade b 1052 particular amendment. With it I think Agreement or a Free Trade Agreement he has shown a great deal of legislative of the Americas. We would essentially IN THE COMMITTEE OF THE WHOLE be saying to the Ecuadorans and the Accordingly, the House resolved brilliance and some policy ingenuity as Salvadorans and the Costa Ricans that itself into the Committee of the Whole well.’’ Then the gentleman from Ari- we will never allow them to trade with House on the State of the Union for the zona (Mr. KOLBE) went on to oppose the us, that we do not care that they are in further consideration of the bill (H.R. amendment by saying ‘‘But I have to poverty, we do not want to give them 2799) making appropriations for the De- say the net result is quite mis- the opportunity to trade with the partments of Commerce, Justice, and chievous.’’ United States, to have access to our State, the Judiciary, and related agen- I beg to differ, and I leave it up to my markets. It would be bad policy. cies for the fiscal year ending Sep- colleagues and am asking them to sup- tember 30, 2004, and for other purposes, port the gentleman from Michigan’s POINT OF ORDER (Mr. LEVIN) amendment. Is it mis- Mr. KOLBE. Mr. Chairman, I make with Mr. HASTINGS of Washington in the chair. chievous to ask the Trade Representa- the point of order that I reserved last The Clerk read the title of the bill. tive in negotiating for a Free Trade evening. The CHAIRMAN. When the Com- Area of the Americas with the Central The CHAIRMAN. The gentleman will mittee of the Whole House rose on America Freed Trade Amendment to state his point of order. Tuesday, July 22, 2003, the bill had been protect against piracy of copyright? Is Mr. KOLBE. Mr. Chairman, the sub- read through page 103, line 26, and it mischievous to say that we should stance of the remarks that I just made pending was the amendment by the not support a treaty that does not open go right to the point of order. gentleman from Michigan (Mr. LEVIN). markets for United States agricultural I do make a point of order against The gentleman from Michigan (Mr. products, high technology, and other the amendment because it proposes to LEVIN) and the gentleman from Ari- manufactured exports that provide change existing law and constitutes zona (Mr. KOLBE) each have 1 minute greater rights? Is it mischievous to tell legislation in an appropriation bill and remaining in the debate on the amend- him not to support a trade agreement therefore violates clause 2 of rule XXI. ment. The gentleman from Arizona has that provides greater rights for foreign The rule states in pertinent part, the right to close. investors than Americans in the United ‘‘An amendment to a general appro- The Chair recognizes the gentleman States? And is it mischievous to ask priation bill shall not be in order if from Michigan (Mr. LEVIN). that Trade Representative not to ac- changing existing law the amendment Mr. LEVIN. Mr. Chairman, I yield quire adoption and enforcement of the imposes additional duties.’’ the balance of my time to the gentle- basic prohibitions on exploitative child As I will explain in my appeal, this woman from California (Ms. PELOSI), labor, forced labor, and discrimination clearly imposes additional duties, and I the very distinguished and vibrant and to guarantee the right to associate would ask for a ruling from the Chair. leader of the minority. and bargain collectively? The CHAIRMAN. Do other Members Ms. PELOSI. Mr. Chairman, I thank A vote for the Levin amendment is a wish to be heard on the point of order? the gentleman for yielding me this vote for America’s workers who see our Mr. LEVIN. Mr. Chairman, I spoke time. manufacturing and technological base last night, and I will be very, very

VerDate jul 14 2003 00:36 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.001 H23PT1 H7338 CONGRESSIONAL RECORD — HOUSE July 23, 2003 brief. I disagree with the gentleman’s So for that reason, and for others [Roll No. 411] analysis of what is appropriate here that I could go on, I would urge the AYES—231 under the rules. Chair to make a ruling that this Aderholt Gilchrest Ose I also want to mention, last night amendment is not in order. Akin Gillmor Otter when we discussed the provision that Mr. LEVIN. Mr. Chairman, I want to Bachus Gingrey Oxley says there shall be no funds made respond very briefly. In those respects, Baker Goode Paul available for negotiating a CAFTA or Ballenger Goodlatte Pearce the gentleman from Arizona (Mr. Barrett (SC) Goss Pence an FTAA that does not require adop- KOLBE) is very wrong. This does not Bartlett (MD) Granger Peterson (PA) tion and enforcement of the basic pro- change existing law. Our USTR rep- Barton (TX) Graves Petri hibitions on exploitive child labor, Bass Green (WI) Pickering resentative is not prohibited by the Beauprez Greenwood forced labor and discrimination and Pitts present Trade Promotion Act, is not Bereuter Gutknecht Platts guarantee of the right to associate and prohibited from carrying out the provi- Biggert Hall Pombo bargain collectively, that the impor- Bilirakis Harris Porter sions that are spelled out here that Blackburn Hart tant matter was a job, and not what there shall be no greater rights for for- Portman Blunt Hastings (WA) Pryce (OH) was in that job, what payment there Boehlert Hayes eign investors than Americans in the Putnam Boehner Hayworth was for the job or under what condi- U.S. There is nothing in TPA that pro- Quinn Bonilla Hefley tions the job was carried on. Radanovich hibits his doing just that; and there is Bonner Hensarling Ramstad I think that is terribly wrong. If peo- nothing in the present TPA, which I Bono Herger Regula ple are going to have a chance to climb Boozman Hobson opposed, but there is nothing, and we Rehberg up the ladder, they have to have a Boyd Hoekstra had an alternative, that prohibits the Bradley (NH) Hostettler Renzi chance to be able to associate and to USTR from requiring adoption and en- Brady (TX) Houghton Reynolds bargain collectively. We should not forcement of the basic prohibitions on Brown (SC) Hulshof Rogers (AL) base a trade agreement on the suppres- Brown-Waite, Hunter Rogers (KY) exploitative child labor, forced labor Rogers (MI) sion of the workers of Central America Ginny Hyde and discrimination, and the guarantee Burgess Isakson Rohrabacher or of any other place in the Americas. of the right to associate and bargain Burns Issa Ros-Lehtinen So, I urge that the Chair rule this in collectively. Burr Istook Royce Ryan (WI) order, and we are now prepared to hear We are saying in this amendment Burton (IN) Janklow the ruling of the Chair. Buyer Jenkins Ryun (KS) that that is exactly what the USTR Calvert John Saxton Mr. KOLBE. Mr. Chairman, before should be doing, and I ask the Chair to Camp Johnson (CT) Schrock the Chair rules, I would just like to re- rule in our favor. Cannon Johnson (IL) Sensenbrenner spond to what the gentleman from Cantor Johnson, Sam Sessions The CHAIRMAN. Do other Members Michigan said. Capito Jones (NC) Shadegg wish to be heard? Carter Keller Shaw The Levin amendment would forbid If not, the Chair is prepared to rule. Castle Kelly Shays expenditure of funds that would be Chabot Kennedy (MN) Sherwood used to negotiate free trade agree- The gentleman from Arizona makes a Chocola King (IA) Shimkus ments that do not contain certain list- point of order that the amendment of- Coble King (NY) Shuster fered by the gentleman from Michigan Cole Kingston Simmons ed provisions. The listed provisions im- Collins Kirk Simpson pose duties that are not now required is not in order under clause 2 of rule Cox Kline Smith (MI) by law and they make the appropria- XXI. The amendment would limit funds Crane Knollenberg Smith (NJ) for negotiating two specific specified Crenshaw Kolbe Smith (TX) tions contingent upon the performance Cubin LaHood trade agreements that fail to achieve Souder of the new duty and on successful trade Culberson Latham Stearns negotiations with other countries. specified goals. However, the amend- Cunningham LaTourette Stenholm ment does not define those goals nor Davis, Jo Ann Leach Sullivan For example, in the area of labor law, Davis, Tom Lewis (CA) Sweeney the Levin amendment seeks provisions tie them to provisions in existing laws. Deal (GA) Lewis (KY) Tancredo Therefore, the amendment imposes DeLay Linder in a trade agreement that would man- Tauzin DeMint LoBiondo date, mandate, adoption in domestic new duties on the Trade Representa- Taylor (NC) Diaz-Balart, L. Lucas (OK) Terry law and enforcement of the basic recog- tive to determine whether the proposed Diaz-Balart, M. Manzullo nized rights of workers. This sharply agreements protect against piracy of Dooley (CA) McCotter Thomas copyrights, open markets for United Doolittle McCrery Thornberry contrasts with the Trade Act, which Tiahrt States agriculture products, et cetera, Dreier McHugh only goes so far as to seek to promote Duncan McInnis Tiberi respect for workers’ rights, to promote before applying the limitation. As Dunn McKeon Toomey universal ratification and full compli- such, the amendment imposes new du- Ehlers Mica Turner (OH) Upton ance with the ILO Convention 182. ties not required by existing law in vio- Emerson Miller (FL) English Miller (MI) Vitter The differences between the approach lation of clause 2, rule XXI. Everett Miller, Gary Walden (OR) of the gentleman from Michigan (Mr. The Chair sustains the point of order. Feeney Moran (KS) Walsh LEVIN) and the current law are mani- Mr. LEVIN. Mr. Chairman, I move to Flake Murphy Wamp fold. The Trade Act does not call for Fletcher Musgrave Weldon (FL) appeal the ruling of the Chair. Foley Myrick Weldon (PA) adoption and enforcement of the labor The CHAIRMAN. The question is, Forbes Nethercutt Weller rights listed in the Jordan Free Trade Shall the decision of the Chair stand as Fossella Neugebauer Whitfield Agreement. Indeed, the Trade Act Franks (AZ) Ney Wicker the judgment of the Committee? Frelinghuysen Northup Wilson (NM) seems to uphold the right of other The question was taken; and the Gallegly Norwood Wilson (SC) countries to establish domestic labor Chairman announced that the ayes ap- Garrett (NJ) Nunes Wolf standards. peared to have it. Gerlach Nussle Young (AK) Similarly, in investment, Mr. Chair- Gibbons Osborne Young (FL) RECORDED VOTE man, the Levin amendment seeks pro- NOES—198 visions in a trade agreement that Mr. LEVIN. Mr. Chairman, I demand a recorded vote. Abercrombie Boswell Costello would ensure the free trade agreement Ackerman Boucher Cramer does not provide for an investor’s A recorded vote was ordered. Alexander Brady (PA) Crowley greater rights than Americans. This The CHAIRMAN. Pursuant to clause Allen Brown (OH) Cummings Andrews Brown, Corrine Davis (AL) also contrasts sharply with the Trade 6 of rule XVIII, this 15-minute vote on Baca Capps Davis (CA) Act, which carefully states that foreign the appeal of the decision of the Chair Baird Capuano Davis (FL) investors are not to be afforded greater may be followed by 5-minute votes on Baldwin Cardin Davis (IL) the four amendments debated last Ballance Cardoza Davis (TN) substantive rights. The Levin amend- Becerra Carson (IN) DeFazio ment would deny foreign investors night on which requests for recorded Bell Carson (OK) DeGette greater procedural rights as well as votes were postponed. Berman Case Delahunt substantive rights, and certainly this The vote was taken by electronic de- Berry Clay DeLauro Bishop (GA) Clyburn Deutsch would be a duty not present in the U.S. vice, and there were—ayes 231, noes 198, Bishop (NY) Conyers Dicks law. not voting 5, as follows: Blumenauer Cooper Dingell

VerDate jul 14 2003 00:36 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.015 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7339 Doggett Levin Reyes The SPEAKER pro tempore. Is there and secure America’s economic future. Doyle Lewis (GA) Rodriguez Edwards Lipinski Ross objection to the request of the gen- The free trade agreements with Chile Emanuel Lofgren Rothman tleman from Texas? and Singapore that we will be debating Engel Lowey Roybal-Allard There was no objection. today are important in and of them- Eshoo Lucas (KY) Ruppersberger selves. But more important, they are Etheridge Lynch Rush f the first steps in completing a global Evans Majette Ryan (OH) PROVIDING FOR CONSIDERATION Farr Maloney Sabo economic and trade agenda that seeks OF H.R. 2738, UNITED STATES- Fattah Markey Sanchez, Linda to grow our economy by opening up CHILE FREE TRADE AGREEMENT Filner Marshall T. markets overseas and establishing the Frank (MA) Matheson Sanchez, Loretta IMPLEMENTATION ACT, AND H.R. United States as the leader in the Frost Matsui Sanders 2739, UNITED STATES-SINGAPORE Gonzalez McCarthy (MO) Sandlin international trade arena. Gordon McCarthy (NY) Schakowsky FREE TRADE AGREEMENT IM- Green (TX) McCollum Schiff PLEMENTATION ACT b 1130 Grijalva McDermott Scott (GA) Gutierrez McGovern Scott (VA) Mr. DREIER. Mr. Speaker, by direc- When Trade Promotion Authority Harman McIntyre Serrano tion of the Committee on Rules, I call lapsed back in 1994, the executive Hastings (FL) McNulty Sherman up House Resolution 329 and ask for its branch’s ability to negotiate meaning- Hill Meehan Skelton ful trade agreements was severely im- Hinchey Meek (FL) Slaughter immediate consideration. Hinojosa Meeks (NY) Smith (WA) The Clerk read the resolution, as fol- paired. Our efforts to position the Hoeffel Menendez Snyder lows: United States as the global leader in Holden Michaud Solis international trade were stalled. As re- Holt Millender- Spratt H. RES. 329 Honda McDonald Stark Resolved, That upon the adoption of this cently as last year, there were nearly Hooley (OR) Miller (NC) Strickland resolution it shall be in order without inter- 150 regional free trade and customs Hoyer Miller, George Stupak vention of any point of order to consider in agreements put into place worldwide Inslee Mollohan Tanner the House the bill (H.R. 2738) to implement and the United States, the greatest Israel Moore Tauscher the United States-Chile Free Trade Agree- Jackson (IL) Moran (VA) Taylor (MS) economic power on the face of the Jackson-Lee Murtha Thompson (CA) ment. The bill shall be considered as read for Earth, was party to only three of those (TX) Nadler Thompson (MS) amendment. The bill shall be debatable for agreements. Jefferson Napolitano Tierney two hours, with one hour and forty minutes Mr. Speaker, we were losing market Johnson, E. B. Neal (MA) Towns equally divided and controlled by the chair- Jones (OH) Oberstar Turner (TX) man and ranking minority member of the share, we were losing tariff battles, and Kanjorski Obey Udall (CO) Committee on Ways and Means and twenty most important, we were losing oppor- Kaptur Olver Udall (NM) minutes equally divided and controlled by tunities for U.S. workers and U.S. pro- Kennedy (RI) Ortiz Van Hollen Kildee Owens Velazquez the chairman and ranking minority member ducers, opportunity to grow our econ- Kilpatrick Pallone Visclosky of the Committee on the Judiciary. Pursuant omy, opportunity to increase the in- Kind Pascrell Waters to section 151(f)(2) of the Trade Act of 1974, comes of millions of American families Kleczka Pastor Watson the previous question shall be considered as Kucinich Payne Watt and the opportunity to lead once again ordered on the bill to final passage without in the global marketplace. All of this Lampson Pelosi Waxman intervening motion. Langevin Peterson (MN) Weiner SEC. 2. Upon the adoption of this resolution was being lost as we went through that Lantos Pomeroy Wexler nearly decade long period, Mr. Speak- Larsen (WA) Price (NC) Woolsey it shall be in order without intervention of Larson (CT) Rahall Wu any point of order to consider in the House er, when we did not have that author- Lee Rangel Wynn the bill (H.R. 2739) to implement the United ity in place for the executive branch. States-Singapore Free Trade Agreement. NOT VOTING—5 So it was to my great satisfaction The bill shall be considered as read for last year that we were able to enact Berkley Ferguson Gephardt amendment. The bill shall be debatable for Bishop (UT) Ford into law a renewal of that Trade Pro- two hours, with one hour and forty minutes motion Authority. I am also pleased equally divided and controlled by the chair- ANNOUNCEMENT BY THE CHAIRMAN that the Bush administration has re- The CHAIRMAN (during the vote). man and ranking minority member of the Committee on Ways and Means and twenty sponded to Congressional reauthoriza- Members are reminded there are 2 min- minutes equally divided and controlled by tion of the Trade Promotion Authority utes remaining in this vote. the chairman and ranking minority member with great enthusiasm. b 1127 of the Committee on the Judiciary. Pursuant Our terrific Ambassador, U.S. Trade to section 151(f)(2) of the Trade Act of 1974, Representative Bob Zoellick, in par- So the decision of the Chair stands as the previous question shall be considered as ticular, has been the driving force be- the judgment of the Committee. ordered on the bill to final passage without hind an ambitious and far-reaching The result of the vote was announced intervening motion. SEC. 3. During consideration of H.R. 2738 or trade agenda that will open up markets as above recorded. and raise standards of living both here Mr. WOLF. Mr. Chairman, I move H.R. 2739 pursuant to this resolution, not- withstanding the operation of the previous and abroad, throughout the world. It is that the Committee do now rise. question, the Chair may postpone further very clear that trade is a win-win. We The motion was agreed to. consideration of the bill to a time designated will see benefits on both sides. Accordingly, the Committee rose; by the Speaker. So, Mr. Speaker, as I mentioned ear- and the Speaker pro tempore (Mr. The SPEAKER pro tempore. The gen- lier, the free trade agreements that we QUINN) having assumed the chair, Mr. tleman from California (Mr. DREIER) is consider here today are of great impor- HASTINGS of Washington, Chairman of recognized for 1 hour. tance. But I am gratified to see that the Committee of the Whole House on Mr. DREIER. Mr. Speaker, for the many more trade agreements are on the State of the Union, reported that purpose of debate only, I yield the cus- the horizon. Once we get beyond the that Committee, having had under con- tomary 30 minutes to my very able col- Singapore and Chile agreements we sideration the bill (H.R. 2799) making league on the Committee on Rules, the will have a wide range of other great appropriations for the Departments of gentleman from Florida (Mr. opportunities for U.S. workers and U.S. Commerce, Justice, and State, the Ju- HASTINGS), pending which I yield my- producers. We will soon see those bene- diciary, and related agencies for the self such time as I may consume. Dur- fits come to us and we will see the mul- fiscal year ending September 30, 2004, ing consideration of this resolution, all tilateral agreements as we proceed and for other purposes, had come to no time yielded is for the purpose of de- with Central America, South America, resolution thereon. bate only. Africa, the Middle East and Australia. f (Mr. DREIER asked and was given Now, Mr. Speaker, I recognize that permission to revise and extend his re- many in this body are opposed to some REMOVAL OF NAME OF MEMBER marks.) or possibly all of the free trade agree- AS COSPONSOR OF H.R. 1582 Mr. DREIER. Mr. Speaker, at this ments that I have just mentioned. And Mr. LAMPSON. Mr. Speaker, I ask moment, we begin debate on the first I recognize, Mr. Speaker, that Congres- unanimous consent to have my name two measures that will propel our Na- sional renewal of Trade Promotion Au- removed as a cosponsor of H.R. 1582. tion’s economy into the 21st century thority last year was very contentious

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.003 H23PT1 H7340 CONGRESSIONAL RECORD — HOUSE July 23, 2003 and as we all know passed by the nar- is again that anyone would believe that that we face for peace and stability rowest of margins on three occasions. this agreement would not create an op- throughout the world. But I sincerely hope that today we will portunity for U.S. workers, union, non- Mr. Speaker, I reserve the balance of demonstrate our bipartisan commit- union members, workers all the way my time. ment to improving the economic stand- across the board if they are going to Mr. HASTINGS of Florida. Mr. ing of all American workers and fami- immediately reduce their 6 percent tar- Speaker, I yield myself such time as I lies by strongly supporting the two im- iff that exists on 85 percent of the prod- may consume. plementing measures before us. ucts that come from U.S. workers into Mr. Speaker, of course, let me thank In fact, we have just a few minutes Chile’s market. my very good friend, the distinguished ago had the minority leader stand in Mr. Speaker, the remaining tariffs and able chairman of the House Com- the well and talk about that commit- will phase out over the next 12 years. mittee on Rules, the gentleman from ment that the minority party has to Conversely, most of Chile’s exports to California (Mr. DREIER) for yielding me the trade agenda, and so there will be the United States are already duty time. a wonderful opportunity here to dem- free. So the fact is the world has access As the chairman well knows, he and onstrate that. The agreement, Mr. to the U.S. consumer markets. Chile I both share a passion for the types of Speaker, with Singapore and Chile are can already get their products here. issues which will be debated today, and perfect examples of what the benefits Doing anything other than supporting while we do not always end up at the of free trades can and will deliver to this measure will not help U.S. work- same place at the end of the day, I the American people. ers. The only benefit to U.S. workers deeply appreciate his commitment to Now, we all recognize that Singapore will come from our breaking down these issues. has been a critical ally in Southeast those barriers that exist there. Recog- Mr. Speaker, as the chairman has al- Asia in the war against terrorism. It nizing Chile’s relatively small trading ready pointed out, this rule would has been more welcoming to our efforts relationship with the United States, allow for consideration of both the to clamp down on regional instability some might question the need for a U.S.-Chile and U.S.-Singapore Free and global terrorism than perhaps any Free Trade Agreement at this time. In Trade Agreements. What the chairman other Southeast Asia nation. Singapore other words, people will say, why both- did not point out, however, was that is also an extremely important eco- er? this rule in a very real sense is unnec- nomic ally of the United States. For Now, Mr. Speaker, it is well worth essary. The Trade Promotion Author- example, Mr. Speaker, Singapore was the bother. In 1997, California exported ity bill, or Fast Track, that was passed the 12th largest trading partner with about $490 million worth of goods to last year by Congress very strictly lim- the United States last year in terms of Chile. By 2001, the number had de- its the way trade bills can come to the total trade. Now, that is not bad for a creased by $140 million largely due to House floor. By law the agreements country that has a population that is Chile’s implementation of trade agree- cannot be amended. They must be de- about the size of a county that I rep- ments with Brazil, Argentina, Mexico bated and moved expeditiously and in resent. and Canada, getting into the numerous other ways restrict the nor- Mr. Speaker, the Singapore agree- MERCOSUR and other trading blocs. mal rights that Members of this Cham- ment lowers barriers to trade in high So the fact that other nations are em- ber are normally able to exercise. technology products and services and barking on these agreements, breaking Despite the restrictions imposed by establishes unprecedented intellectual down tariff barriers have unfortunately Fast Track, the majority has decided properties protections. Intellectual diminished the flow of U.S. goods into properties protections are of para- to impose even more restrictive debate Chile. So it stands to reason now that mount importance and very much need on these important bills today. In fact, we need to do everything we can to to be recognized. few previous trade agreements have Mr. Speaker, this agreement pays make sure we are part of that tariff tax been given as little time to be debated particular attention to protecting reduction effort because a tariff is a as the House will have for these two copyrights, patents and trademarks for tax, and we know that by cutting it we measures today. emerging technologies and digital will be able to improve the opportuni- Let me repeat for the House what I products, sectors where American inno- ties for that flow of goods and services. said to the gentleman from California vation has been, continues to be, and I Mr. Speaker, as we work to get our (Chairman DREIER) last night. We believe will in the future be the global economy back on track and we all, should not be setting a precedent for leader. Democrats and Republicans alike, are future trade deals by limiting debate to Now, Mr. Speaker, there can be no committed to enhancing our economy, a couple of hours. In the future there doubt that by lowering and eliminating to improving the plight of workers in will be other trade agreements that tariffs that Singapore places on Amer- this country and creating more and will come to this floor with more acri- ican exports that we will increase job more opportunities, as we work to do mony than today’s do. These should, opportunities right here at home. Let that, clearly establishing trade rules indeed must be considered for more me underscore that again. within the Americas and the Doha ne- than a cursory amount of time. gotiations, it is important that the Mr. Speaker, I know there is so much b 1145 talk about the union influence and the United States of America be the leader union opposition about what it is we and not the follower. Strong votes, While I do not oppose today’s rule, I are trying to do here, but Mr. Speaker, strong bipartisan votes in favor of the will in the future if the majority again it stands to reason that if you are Chile and Singapore agreements will attempts to limit debate, more so than opening up new markets in other parts mark the first steps in ensuring that that which is required by law. of the world, as will be the case in the United States reaps the benefit of Substantively, as a member of the Singapore and so many of these service free trade. Congressional Oversight Group on oriented areas, telecommunications for It is time for the United States to Trade, I want to commend Trade Rep- example, there will be more union jobs unleash our enterprising spirit and resentative Robert Zoellick and his created right here in the United States allow American entrepreneurs access staff for the yeoman’s work they have as these markets open. to some of the fastest growing markets put forward over the past 2-plus years Mr. Speaker, like the Singapore in the world. putting these agreements together. I agreement, the Free Trade Agreement Mr. Speaker, I urge strong bipartisan have an acute appreciation for the very with Chile will increase trading oppor- support for this rule and the under- delicate negotiations that are needed tunities abroad. Under the agreement lying measures in order to demonstrate to achieve the success that has brought negotiated by Ambassador Zoellick, the commitment of this body to long- us to this point. So, again, I congratu- Chile will immediately remove its 6 term, bold and dynamic economic late Ambassador Zoellick and his staff. percent tariff that exists on more than growth, the development of strong Let me also say that as we move for- 85 percent of American exports. economies, good governments and the ward with our new Congressional Over- I have to scratch my head once rule of law abroad, which will only help sight Group on Trade, I would like Am- again, Mr. Speaker, and wonder why it in dealing with the many challenges bassador Zoellick to continue to keep

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.022 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7341 the Members engaged and involved in automobiles into Chile’s market which stay at the forefront of innovation, the process as much as possible. admittedly is a small one but is grow- U.S. small businesses need access to Specifically, it would be helpful if ing. foreign markets. the ambassador and his staff would Also, there are agreements to reduce The U.S.-Chile Free Trade Agreement provide to the oversight group negoti- foreign duties for trucks, computers, will not only bring new market access ating text several weeks before they electrical equipment, paper and con- for U.S. consumers and industrial prod- are brought to the House of Represent- struction equipment as well; and so I ucts, but also new opportunities for our atives for tabling. Any less does not think that this clearly is again a great farmers and ranchers. More than 85 provide Members of Congress and our opportunity for U.S. workers. percent of trade in the areas of agri- staff the appropriate amount of time to There have been several great cham- culture, construction, automobiles, thoroughly review the agreements and pions of trade on our side of the aisle technology, medical equipment, and offer our substantive insight. and on the other side of the aisle. One paper products will be tariff-free imme- Additionally, when members of the of them is the great chairman of the diately, with most of the remaining Congressional Oversight Group on Subcommittee on Technology and the tariffs being phased out over 4 years. Trade do offer constructive proposals, House, my very good friend from At- Georgia, the State that I am proud to if the Trade Representative ultimately lanta, the gentleman from Georgia (Mr. represent, has benefited significantly rebuffs those suggestions, it would be LINDER). from trade with Chile. In fact, in 2001, helpful to know for what reasons con- Mr. Speaker, I yield 4 minutes to the Georgia had the 15th most exports to gressional insight was rejected; and I gentleman from Georgia (Mr. LINDER). Chile in the entire United States. might add, counter to that I raised Mr. LINDER. Mr. Speaker, I thank These exports have and will continue with Ambassador Zoellick, the fact my friend and colleague, the chairman to provide high-paying jobs to the citi- that in Singapore and in the trade of the Committee on Rules, for yielding zens of Georgia. agreement that there was a defense me this time. I rise in strong support of The U.S.-Singapore Free Trade component; and I think the govern- H. Res. 329, a rule that will enable the Agreement, America’s first trade ment of Singapore is to be com- House to consider two historic free agreement in Asia, is critical because plimented by all of us for the extraor- trade agreements. I urge all of my col- it will give U.S. professionals new ac- dinary undertakings that they put for- leagues in the House to join me in sup- cess into the fields of financial serv- ward on behalf of our United States porting this rule. ices, telecommunications, advertising military who make a substantial num- Approval of this rule will allow the and engineering, to name just a few. ber of ports of call in Singapore. So I House to proceed to consider H.R. 2738, We must act now and approve these saw and pointed out to the ambassador a U.S. free trade agreement with Chile; free trade agreements to give U.S. ex- the defense component; and I might and H.R. 2739, a U.S. free trade agree- porters the chance to compete on a add, I think that it was taken to heart ment with Singapore. level playing field with foreign export- by the ambassador and his staff in I consider it an honor to have worked ers. their negotiations. with the gentleman from California I believe that America must continue Finally, text of proposed trade agree- (Mr. DREIER), the Committee on Rules to strive toward expanded free trade ments must be made public as soon as chairman, and our House leadership in and not retreat into the mistaken pro- the notice of intent to sign is made, if generating the needed support for these tectionism of the past. We must work not sooner. Failing that, it is difficult, important trade agreements; and I am to open markets, eliminate tariffs and if not impossible, for the American pleased that they are being considered barriers, and ensure that our Nation re- people to have meaningful input. on the House floor today. mains at the forefront of global eco- Again, though, Mr. Speaker, I do not One of the main reasons that the nomic success. The freedom to trade is intend to be nitpicky. These agree- United States of America is a shining a basic human liberty, and its exercise ments were reached in an admirable beacon on the hill for so many others is across political borders unites people fashion by the Trade Representative our open markets. These open markets in peaceful cooperation and mutual and those working with him; and I sa- help bring wider choices and lower prosperity. lute him for that, as well as his inter- prices for businesses and consumers at In his last speech as the last British locutors, in what were 2 years of dif- home and help to promote better rela- Governor of Hong Kong, Chris Patten ficult and dynamic negotiations that tionships for the U.S. abroad. Trade spoke about trade; and he said this: If will affect globally the trade and will also helps to build strong economies a planetary spaceship had come to the affect the United States in substantial and assists in fighting poverty and planet Earth in the 16th century from ways. hunger all around the world. the muddy flats of teepee-strewn North I look forward to the spirited debate As we continue in the fight against America to the typhoid-driven which I am certain will follow. global terrorism, trade can and should Longmen, to the warring planes in Mr. Speaker, I reserve the balance of be used as a tool to help spread democ- Paris and landed in the Ming dynasty, our time. racy, American values, and stability. they would have concluded in a milli- Mr. DREIER. Mr. Speaker, I yield As Governor Ronald Reagan recog- second that China would rule the world myself such time as I may consume to nized in a 1974 speech: ‘‘Constructive for centuries. She had recently discov- simply thank my colleague for his very trade, the two-way exchange of goods ered gun powder, the printing press. thoughtful statement and his willing- and services, is the most efficient and She had a moderate sea and a growing ness to be supportive of this effort logical way for each nation and each and rich culture, and then she built a here. This sort of buttresses a couple of area of the world to build a stable pros- wall around herself and history told a arguments I was making earlier on this perity, a prosperity based not on aid, different tale. union issue, and I say it specifically but on mutually beneficial economic Mr. Speaker, I urge my colleagues to with the gentleman in the Chair, Mr. contacts.’’ I believe that free trade is support the rule. We need to proceed to Speaker, because I know this is an beneficial to both the United States debate and immediately adopt both of issue that was of concern to the Chair. and our trading partners and is a prin- the underlying measures. One of the arguments that has been cipal component of proliferating the Mr. HASTINGS of Florida. Mr. made has to do with the issue of ex- principles of freedom and democracy Speaker, I am very pleased to yield 6 porting automobiles, automobiles man- worldwide. minutes to the gentleman from Ohio ufactured right here in the United Trade is also particularly good for (Mr. BROWN), my good friend. States of America. Under this agree- America’s small businesses. Small Mr. BROWN of Ohio. Mr. Speaker, I ment with Chile, we actually see Chile business is the backbone of our Na- thank my friend from Florida for yield- agree to an elimination of the luxury tion’s economy, creating three out of ing me the time. auto tax; and by eliminating that tax every four new jobs and generating Where I come from in Ohio, trade is under this agreement in Chile, it will roughly half of the U.S. private gross a four-letter word, J-O-B-S. Unfortu- enhance the chance for us to see the domestic product; 97 percent of Amer- nately, the President, the United exportation of more U.S.-manufactured ica’s exporters are small businesses. To States Trade Representative, and the

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.024 H23PT1 H7342 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Republican leadership do not spell very jobs lost every year just because of our Mr. DREIER. Mr. Speaker, I yield well. They ought to simply look bilateral trade situation with China, myself such time as I may consume. I around. 1.8 million jobs every year; and most of have the highest regard for my friend Since President Bush has taken of- those jobs are good paying manufac- from Ohio, but I want to make a couple fice, we have lost 3 million jobs in this turing jobs. of brief comments about the state- country. We have lost 2.1 million man- Mexico has about 400, 500,000 jobs ments he made. ufacturing jobs in this country. every year, Mexico-Canada trade def- First, at the outset, he talked about Mr. DREIER. Mr. Speaker, will the icit. Goodyear workers understand this being a Republican leadership ef- gentleman yield? that. Steelworkers in Ohio and across fort. Yes, Republicans have provided Mr. BROWN of Ohio. I yield to the the country understand that. Auto leadership, but I think it will be very gentleman from California. workers understand that. People who clear that strong bipartisan support, Mr. DREIER. Mr. Speaker, I thank work with their hands understand that Democrats and Republicans alike, will my friend for yielding, and I would these trade agreements hemorrhage be embracing both the Chile and the simply say one of the reasons we have jobs. Singapore Free Trade Agreements, re- not been able to have these job oppor- Two years ago, even Congress under- alizing what opportunities they will tunities is the lack of this authority stood it when we passed the Jordan create. that has been put into place. We now trade agreement. The Jordan trade At the close of the gentleman’s re- for the first time are going to have agreement lifted people up, did not pull marks he talked about lifting stand- markets opening up so that the four- standards down. It lifted labor stand- ards, and I completely concur with letter word in Ohio that is so impor- ards up. It lifted environmental stand- that. I believe very passionately that tant, J-O-B-S, will, in fact, be en- ards up. It lifted food safety standards the best way, the most effective way to hanced; and I thank my friend for up, but Congress seems to have forgot- lift standards, and I appreciate his ac- yielding. ten that lesson of Jordan. Hence, knowledging that those labor stand- Mr. BROWN of Ohio. Mr. Speaker, I today, we consider Chile and we con- ards are already high in Chile, the best thank my friend from California for his sider Singapore. way to do that is for us to enhance the comments. These are two agreements that do economic standing of those people who I think that any reasonable people, if not lift standards up. They pull stand- are seeking the opportunity to get onto we would simply go home and talk to ards down. They will cost American the first rung of the economic ladder. workers, talk to people, they will say jobs. They will weaken American labor So I just wanted to say that I dis- that the anxiety they feel so often is standards. They will weaken America agree with some of the conclusions because of our trade policy. These 3 in world and environmental standards. that my friend might have drawn, but Let me just briefly, Mr. Speaker, million jobs we have lost, these 2.1 mil- I think we do share the exact same take two issues to show that with lion manufacturing jobs are because of goal. Chile, people say Chile has decent labor an economic program of tax cuts where Mr. Speaker, I yield 4 minutes to the standards. They do today, but under a millionaire gets a tax cut of $93,000 gentleman from Tucson, Arizona (Mr. this agreement, unlike the Jordan and children and their families get KOLBE), my very able colleague who in agreement, where the Jordan agree- nothing and families making 15 and 20 1987 asked me to join him as an origi- ment said labor standards are deter- and $25,000 a year, a Bush economic nal cosponsor of the legislation to ob- mined by ILO, International Labor Or- program that cuts benefits for health literate tariffs among Canada, the ganization, standards, with Chile, Chile care, cuts benefits for education, cuts United States, and Mexico so we could under this agreement gets to enforce benefits for veterans, and these trade have a Free Trade Agreement. We have its own labor standards. They may be agreements, trade agreement after seen, with the NAFTA, a tripling of pretty good labor standards today; but trade agreement after trade agreement, if we get a majority in the Chilean gov- trade from 1993 to today, and he has have cost American jobs. ernment like the majority in this coun- been a great leader on trade issues and I look around. Last Sunday, there try, we will have effective pressure to I enjoy working with him. was a rally at a Goodyear plant in Mr. KOLBE. Mr. Speaker, I thank the weaken labor law, as my friends on the Akron, Ohio, in my district. Goodyear gentleman for yielding me this time other side of the aisle do here. has only 14 factories in the United and for his kind comments, but I would States left, one of the biggest rubber b 1200 have to say there has been no person in companies in the world. Most of their So Chile will see a weakening of this House who has been a better advo- plants now are overseas. We had rallies labor and environmental law, and then cate, a stronger advocate, a more force- at each of these 14 plants simulta- we will see a weakening of labor and ful and articulate advocate of trade neously, and I walked around before environmental standards under this and the advantages it brings to Amer- speaking at this rally, and these work- trade agreement. If Chile had ILO labor ican workers and American consumers ers get it. standards, that would not be the case. than the person who just spoke, my They understand the reason their The second issue is, under Jordan, we friend, the gentleman from California jobs have gone overseas and those tires got rid of the Chapter 11 investor state (Mr. DREIER). are made overseas and sold back into provisions, which, unfortunately, under Mr. Speaker, I do rise in support of the United States. They understand NAFTA, allows corporations to sue for- this rule, and I rise in strong support of that the failure of our economic policy eign governments, shifting sovereignty the underlying trade agreements with lies at the feet of the failure of our from a democratically-elected govern- Chile and Singapore. I was delighted to trade policy. They understand that ment to corporate interests where a see my friend, the gentleman from NAFTA took a surplus with Mexico corporation can sue a government for Florida (Mr. HASTINGS) saying he sup- and Canada in 1993 and has turned it passing a public health law or a food ports the rule as well. He spoke about into a $25 billion trade deficit. They safety or an environmental law, weak- some of the concerns he has. These understand that our China policy, with ening those laws that governments concerns are ones of process, concern a $100 million trade surplus only a democratically attain. that there is not the ability to amend dozen years ago, $100 million with an We should reject Chile and Singa- these bills on the floor. ‘‘M,’’ now is a $100 billion trade deficit pore. We should go back to the Jordan Well, Mr. Speaker, that was, of with that country. model. We should reject Chile today, course, the debate that we had on President Bush, Sr., used to say that we should reject the Singapore agree- Trade Promotion Authority, what we $1 billion of trade turned into 18,000 ment today, and we should go back to used to call Fast Track. That is not the jobs. If we have a $1 billion trade sur- the Jordan model. The Jordan model issue here today. The issue here today plus, we have a net gain of 18,000 jobs. lifts standards. It lifts people up rather is the substance of these two agree- If we have a trade deficit of $1 billion, than pulling people down. It is good for ments, and the substance of these two we have a net loss of 18,000 jobs. Our the environment, it is good for labor, it agreements is indeed very good. China policy alone has turned basically is good for food safety, and it is good This a momentous occasion in our a neutral job situation into 1.8 million for American values. trade policy. Passage of these two

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.025 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7343 trade agreements is the first time in a Asia. We now have investments in that Mr. DREIER. Mr. Speaker, will the decade we have been able to use what city state that total $23 billion, and gentleman once again yield? we used to call Fast Track, now called our exports to Singapore are $18 bil- Mr. STRICKLAND. I yield to the gen- Trade Promotion Authority, to get lion. So there is no doubt that the tleman from California. agreements. It will once again mean Singapore Free Trade Agreement is in Mr. DREIER. Mr. Speaker, I thank that the United States is aggressively the broad U.S. national interest. It will the gentleman for yielding to me to re- pursuing its national interest, break- enhance our mutual interest in a sta- spond quickly to one point he made. ing down trade barriers and building a ble, prosperous ASEAN and East Asia. The gentleman said how can anyone world of free trade. I commend the I believe these agreements will stand talk about the benefits of the North leadership of the administration and as models for other bilateral trade American Free Trade Agreement, and I the Congress, both sides of the Capitol agreements and their regions and in would say to my friend that in 1993 and both sides of the aisle, for bringing multilateral forms. I urge my col- trade between Mexico and the United us to this point. leagues to support this rule and the States was roughly $83 billion. Last I have a special reason for feeling passage of legislation implementing year, trade between Mexico and the very emotional about the Chile Free these important agreements. United States was $232 billion. Trade Agreement. Eight years ago, in Mr. HASTINGS of Florida. Mr. Mr. STRICKLAND. Reclaiming my 1995, just shortly after NAFTA went Speaker, I yield 2 minutes to the gen- time, please, Mr. Speaker, I will ac- into effect, the Speaker of the House tleman from Ohio (Mr. STRICKLAND). knowledge that the gentleman’s statis- asked me to go to Chile and talk to Mr. DREIER. Mr. Speaker, I yield 1 tics are correct, but what has happened them about trade. I went there and I minute to the gentleman from Ohio with trade between this country and said I had a good deal of confidence (Mr. STRICKLAND). Mexico? The imbalance has increased Mr. STRICKLAND. Mr. Speaker, I that then President Clinton would seek dramatically in their favor. I recognize thank the gentleman for yielding me Trade Promotion Authority, Fast that these trade agreements encourage this time. I stand today to speak for Track Authority, and Congress would trade, but what is it doing to our com- the heartland of America. My Congres- give it to him. Of course we know that panies, our workers, our communities? sional district runs for about 300 miles that did not happen. And it was not Other countries are in fact benefiting, along the edge of the Ohio River, bor- until just last year that Trade Pro- and I will acknowledge that, but what dering Pennsylvania, West Virginia motion Authority was granted the is happening to our communities? and Kentucky. In one of my counties President. Now we are finally back on Mr. DREIER. Mr. Speaker, if the gen- the unemployment rate is 11.4 percent, tleman will continue to yield on that track. and in the City of Youngstown, Ohio, There has been so many dashed hopes point, I think we have to realize that the unemployment rate is 18.2 percent. imports are very good and important in Chile, so much anticipation of what Now, I have heard some of my col- for the United States of America. We this could mean for them, and finally leagues express concern for those who have the standard of living that we do we are bringing it to fruition. Since the live in Chile, and I am not insensitive today because the world does have ac- launching of these negotiations it has to the needs of the folks in Chile, but been a period of great unease in Chile, I think our first obligation is to look cess to our consumer market. Mr. STRICKLAND. Reclaiming my of anticipation as we struggled to se- after the folks right here in the good time once again, Mr. Speaker, I sat in cure TPA. All of Latin America has old USA. been watching the progression of Trade Mr. DREIER. Mr. Speaker, will the the living room of one of my constitu- Promotion Authority, and now this gentleman yield? ents not long ago and he looked at the agreement with Chile. For them it is Mr. STRICKLAND. I yield to the gen- television and he said, ‘‘Congressman, I the litmus test to verify that the U.S. tleman from California. would be willing to pay $50 more or $100 would not renege on its commitment to Mr. DREIER. Mr. Speaker, I thank more for a TV if I could buy one that the Western Hemisphere, and today my friend for yielding. I totally agree, was manufactured in America by my Congress fulfills that commitment by I totally agree with the statement my neighbors.’’ That is what is happening moving forward. friend has just made. I believe our to us. If we are to nurture fragile democ- number one priority should be U.S. Are consumers getting cheaper racies in the region, if we are to foster workers, U.S. producers, U.S. manufac- goods? Well, I suppose they are. At development, development that actu- turers. That should be our top priority, what cost? What is happening to this ally leads to sustained better economic recognizing the benefits of opening up country, and I just urge my colleagues conditions for people in the region, as new markets for them. to look at the record and to reject well as for Americans and consumers Our goal here, as I mentioned earlier, these agreements. And I thank my col- and workers in this country, we have is with the elimination of the luxury league for the dialogue. to lead by example. We have to lead by tax in Chile we will be able to export Mr. HASTINGS of Florida. May I in- bringing free trade to the region. Chile more U.S. manufactured automobiles quire of the Speaker the time remain- is that first step. It is an agreement into the Chile market and that is why ing on both sides? that is in our economic, our foreign this will be a win-win. The SPEAKER pro tempore (Mr. SIM- policy, our national security interest. Mr. STRICKLAND. Reclaiming my MONS). The gentleman from Florida More than 85 percent of bilateral time, Mr. Speaker, let us look at the (Mr. HASTINGS) has 161⁄2 minutes re- trade in consumer and industrial prod- record. We heard that same rhetoric maining and the gentleman from Cali- ucts will immediately become duty about NAFTA. Does anyone seriously fornia (Mr. DREIER) had 81⁄2 minutes re- free upon ratification, with most re- believe that NAFTA has been good for maining. maining tariffs eliminated within 4 this country? The people that I rep- Mr. HASTINGS of Florida. Mr. years. Chile is offering new access for resent, who are without work, do not Speaker, I yield myself such time as I U.S. financial service companies, tele- believe that NAFTA has been good for may consume, only to add to the de- communications, express delivery serv- this country. bate that the distinguished chairman ices, and professional service advisers. What about the WTO, this body that was having with the gentleman from For Singapore, this is the first free tries to dictate policy for those of us Ohio (Mr. STRICKLAND). trade agreement with an East Asian who serve in this body? We have been There are other things that hap- country. Singapore has expressed its elected by Americans to represent pened. I voted for NAFTA, Mr. Chair- early and unequivocal support for the Americans, and in these trade deals, man, and I thought when I did that it United States and its war on terrorism sadly, it seems to me that we are tak- would help in many ways. I pointed out following the events of September 11. ing the authority that is invested in us to the gentleman last night, and I Their support has been unwavering through the Constitution and the re- guess we could cite a lot of things, but since that time. sponsibilities that we have as elected the tomato industry in Florida was de- And when it comes to business and representatives and we are giving that stroyed ultimately by NAFTA, ac- commercial interests, Singapore is the responsibility to an external inter- counting for the fact that there was a biggest customer we have in Southeast national organization. freeze that took place roughly around

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.094 H23PT1 H7344 CONGRESSIONAL RECORD — HOUSE July 23, 2003 the same time. But the dumping is Mr. DREIER. Absolutely. I look for- what is old-fashioned about those in- what was the death knell. ward to that. And we want to work dustries is they had middle-class jobs. In addition, I genuinely thought in very closely on that. You could buy a house, you could buy the maquilladoras that there was going Mr. HASTINGS of Florida. Mr. a car, you could send your kid to to be environmental improvement. I Speaker, I am pleased to yield 31⁄2 min- school. That is what was old-fashioned have been down there, and there has utes to the gentleman from California about them. And even on the cutting not been substantial environmental (Mr. GEORGE MILLER), a leader in this edge of technology, in the steel indus- improvement. And I have talked with a arena as well as of our caucus. try or the automobile industry, they significant number of people from Mex- Mr. DREIER. Mr. Speaker, I yield 30 are being sent overseas, even from ico regarding wages, and I do find that seconds to the gentleman from Cali- other countries. We are doing it in in- there are still problems with reference fornia (Mr. GEORGE MILLER). surance and financial services and to their hourly rate. (Mr. GEORGE MILLER of California computer engineering and software- But I will make the point that the asked and was given permission to re- writing. one good thing NAFTA did was get rid vise and extend his remarks.) The point is this, that the first gen- of one-party rule in Mexico. But one- Mr. GEORGE MILLER of California. eration of this trade agreement was we party rule or two-party rule does not Mr. Speaker, the most troubling part wanted to open up Chinese markets so account for the fact that the workers of this debate for me is that with the we could sell into the Chinese market. are not improving. trade agreements that we have signed, Now what we see is the next generation Mr. DREIER. Mr. Speaker, will the and no one discounts the importance of of cutting-edge technology and cut- gentleman yield? trade to this country and to the world ting-edge countries not just from the Mr. HASTINGS of Florida. I yield to economy, that we continue to see that United States but from all over the the gentleman from California. Americans subsidize this trade policy world that are going to China for the Mr. DREIER. Mr. Speaker, I thank with the loss of their good-wage jobs. purposes of exporting. Those are jobs my friend for yielding to me, and I ap- We are told time and again, as we that are leaving here. Those are mid- preciate his engaging me on this issue. were just recently this week, in the dle-class jobs. That is the assault on We did have a nice discussion up- Wall Street Journal that those jobs are middle-class jobs. As long as we do not stairs in the Committee on Rules last not coming back. This is not a question rise up and give workers the right to night on this issue, and I was proud to of losing your job in recession because organize in other countries, then it is a underscore the fact that bringing about of a slow economic time in manufac- fiction. It is a fiction that somehow we economic liberalizations through turing and then you get called back to are going to protect American jobs. greater trade did in fact lead to polit- your workplace. You are not going to Mr. DREIER. Mr. Speaker, will the ical liberalization and to one-party get called back because your job has gentleman yield? rule. left the country. We said at the begin- Mr. GEORGE MILLER of California. My friend has raised the issue of to- ning of this trade debate some 15 or 20 I yield to the gentleman from Cali- matoes, and I appreciate his acknowl- years ago that the low-paid jobs, the fornia. edging the freeze and the impact that not-so-good jobs were the jobs that Mr. DREIER. I thank my friend for that had on the tomato industry in would go overseas and because of in- yielding. Florida. One of the challenges I have creased trade and because of our intel- Mr. Speaker, the point that I would found, Mr. Speaker, is that there are lectual capacity and our ingenuity that like to make is a very clear one. We many people who like to blame every Americans would get the good jobs, want to focus on middle-class jobs. We single ailment of society on the North that the hot, heavy, dirty jobs would want to do everything that we can to American Free Trade Agreement. I go overseas, the low-wage jobs would enhance opportunities for U.S. workers would argue that while I know that go overseas. in the manufacturing sector of our there have been great challenges that But now what we see is that, in fact, economy. That is why this Chile agree- the tomato industry has faced in Flor- middle-class jobs are leaving America ment will be very beneficial. Why? ida, it is important for us to realize to go overseas and in many instances Under this agreement, Chile’s govern- that being able to compete in the glob- what I am certain people would con- ment agrees to eliminate the auto lux- al marketplace is a priority. And I am sider the high-wage jobs, as we were ury tax that exists there. What does not here in this job, and I do not be- told again in the Wall Street Journal that mean? It means that there will be lieve we as policymakers should have this week, are going overseas. $60,000-a- enhanced opportunity for U.S. auto the protection of one industry over an- year software-writing jobs, computer manufacturers and those middle-class other as a priority. engineering jobs are being sent over- workers that does not exist today. seas where they can be done for $5,000 a Mr. GEORGE MILLER of California. b 1215 year. It is just an economic swap. You The question is, from what platform And so I believe that quite frankly it simply have a job that you have here in will those automobiles be made? The may not have been the mere existence California or Minnesota or Florida and gentleman is suggesting that they are of the North American Free Trade you decide that this job you are paying going to be made in Detroit and Agreement that created the challenges for, as IBM did, you paid $60,000 for this shipped to Chile. I am suggesting, no, that have existed in that area. Many in job, you can have it done in India for it is more likely they are going to be agriculture have made this claim to us $5,000; and that is simply an economic made in Argentina or they are going to that it is NAFTA that created this, equation and it makes a lot of sense. It be made in Mexico or they are going to that NAFTA is responsible for that. It is just not very good for middle Amer- be made in Germany than they are is clearly because of the fact that the ica. going to be made in the United States. world has had ready access to the U.S. These trade agreements continue to I appreciate that they will have access consumer market. be an assault on middle America. What to the automobile market. Mr. HASTINGS of Florida. Most re- I do not understand is why we insist Mr. DREIER. If the gentleman will spectfully, Mr. Speaker, I would re- that that be the case. Because I think yield on that point, I will tell him, claim my time. I understand what the it is clear that we can have expanded they can be made in Argentina today gentleman is saying, but I labored trade, we can open up markets, we can and get in there tariff free because of through that with agricultural inter- open up markets for American prod- the agreement that exists between ests in Florida; and I think that we ucts and services and talent and at the Chile and Argentina. All we are saying could point significantly to the North same time hold onto these jobs. What with this agreement is, let us create American Free Trade Agreement as we now see is in every industry those the potential so Detroit autoworkers causative of our concern. I suggest to high-wage jobs are being traded in for will have a chance to get into that him that when CAFTA ultimately low-wage jobs. It is true in steel. It is market. comes that he and I will have a very true in the automobile industry. You Mr. GEORGE MILLER of California. similar, but even more vigorous, de- say, well, that is old-fashioned jobs; If I could take back the balance of my bate. that is an old-fashioned industry. No, time, the point is the fastest-growing

VerDate jul 14 2003 03:03 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.029 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7345 group in the United States, the fastest- Mr. STENHOLM. Mr. Speaker, I rise also include innovative provisions on growing organization is unemployed in support of the Chile and Singapore transparency and customs facilitation Americans looking for jobs. free trade agreements. The Chile Free that will help promote full implemen- Mr. DREIER. Mr. Speaker, I yield 21⁄2 Trade Agreement will eliminate tariffs tation of these agreements and further minutes to the gentlewoman from Illi- on 85 percent of U.S. exports to Chile respect for the rule of law. nois (Mrs. BIGGERT), the cochair of the immediately. The Singapore Free For these reasons, I urge my col- Chile coalition working group who has Trade Agreement eliminates Singa- leagues to support implementation of led the effort to ensure that we get this pore’s few remaining tariffs to U.S. the Chile and Singapore free trade agreement to the floor today and has goods and locks in Singapore’s tariff- agreements. counted votes and worked very hard on free treatment of U.S. imports. Mr. DREIER. Mr. Speaker, will the it. Under the U.S.-Chile Free Trade gentleman yield? Mrs. BIGGERT. I thank the gen- Agreement, American workers, con- Mr. STENHOLM. I yield to the gen- tleman for yielding me this time and sumers, businesses and farmers will tleman from California. those kind words. enjoy preferential access to a small, Mr. DREIER. I thank my friend for Mr. Speaker, I rise today in strong but fast-growing, economy, enabling yielding. Mr. Speaker, I would just like to say support of the rule and of the under- trade with no tariffs and under stream- that my friend’s statement is right on lying bills, H.R. 2638 and H.R. 2639, the lined customs procedures. Over 75 per- target. I would like to congratulate U.S.-Chile and the U.S.-Singapore Free cent of U.S. farm goods, including him on a couple of points that he made. Trade Agreements. They are both out- pork, beef, wheat, soybeans, feed First of all, realizing that 90 percent of standing agreements that are worthy grains, and potatoes will enter Chile the world’s consumers are outside of of our support. duty free within 4 years. All other du- We have heard a great deal of talk U.S. borders. What that means is that ties on U.S. agriculture products will right here on the floor today and dur- as 150 countries have embarked on be phased out over 12 years. U.S. farm- ing the week from opponents of these these free trade agreements and we ers’ access to Chilean markets will be agreements who talk about everything have been a party to only three of as good or better than our competitors’ but the agreements themselves. They them, we have been left behind the in Chile. This will help reverse the talk about unemployed Americans. eight ball. I know my California col- gains Canada and Europe achieved in They talk about damage to the envi- league (Mr. GEORGE MILLER) was talk- market share after implementing their ronment. They talk about waves of im- ing about workers. I see my friend from free trade agreements with Chile. migration. There is no doubt that these Toledo here who is about to speak. We In light of the previous debate going problems exist. But there is also no all are focused on jobs and workers. Ob- on, I fail to understand how we can doubt that these problems are not viously, the agriculture sector of our contend that American workers will about the issue at hand. The issue at economy is a critically important job benefit by denying our workers the op- hand is whether to approve imple- creator; and I believe that, as my portunity to compete, in this case in menting legislation for two particular friend has pointed out, creating a Chile and in Singapore, for the jobs agreements, the U.S.-Chile and U.S.- chance to get into Chile’s market along which is exactly what we have been Singapore Free Trade Agreements, not with dealing with surge safeguards so doing, because other countries have ne- the NAFTA, not a CAFTA, and not an that we are not seeing a dispropor- FTAA. We are not voting today on gotiated free trade agreements with tionate negative impact on the United models for future agreements. The Chile and with Singapore. We have de- States will in fact inure to the benefit Trade Promotion Authority that Con- nied our workers the opportunity to of workers here. gress granted the President last year compete. With 96 percent of the world’s I thank my friend and appreciate his provides the road map for future agree- consumers living outside the United service as cochair along with me with ments and negotiations. And future States, we must continually look to ex- the U.S.-Mexico caucus, underscoring agreements will have to come up to panding our markets outside the the benefits of the North American Congress for future votes. United States and, yes, working for Free Trade Agreement. What we are talking about today are fair trade agreements. Mr. STENHOLM. In the remaining the merits of these two individual While U.S. tariffs will also be elimi- part of the minute that the gentleman agreements and the benefits they will nated over time under the free trade yielded to me so that I could yield back bring to our businesses and our work- agreement, the agreement has a provi- to him, I would return the compliment ers. So, Mr. Speaker, I would like to sion that will help protect farmers and and also commend him for continuing ask my colleagues in the hours remain- ranchers from sudden surges in imports to emphasize jobs, workers, environ- ing before we cast our votes to just of designated agricultural products mental issues, which are all going to take a few moments to look at the spe- from Chile. That is a key ingredient. have to be more seriously addressed in cific merits of these two agreements The agricultural safeguard provision all future agreements. We both agree with the two key partners in Asia and will apply to imports of certain Chil- on that. Latin America. Mr. Speaker, you will ean products, including many canned Mr. DREIER. Mr. Speaker, I reserve find that they expand market access fruits, frozen concentrated orange the balance of my time. opportunities for U.S. manufacturers, juice, tomato products and avocados. Mr. HASTINGS of Florida. Mr. farmers, and service providers. You The safeguard is price-based and auto- Speaker, it will be interesting to see will find that they secure extensive matic. The prices for the commodities what the California wine growers think protection for U.S. companies’ intellec- subject to safeguards will be pro- about this measure. Maybe the chair- tual property rights and investment, grammed into the U.S. Customs Serv- man will describe that on his time. and you will find that they provide ice computers, which will automati- Mr. Speaker, I am pleased to yield 2 strong labor and environmental protec- cally assess the tariff uplift if the im- minutes to the gentlewoman from Cali- tions. port value of the commodity falls fornia (Ms. LINDA T. SA´ NCHEZ), a new I urge my colleagues to support the below the trigger. I think this is an ex- Member of Congress and a leader in rule and the Chile and Singapore free citing component of this agreement. this field. ´ trade agreements. Quickly on Singapore, it guarantees Ms. LINDA T. SANCHEZ of Cali- Mr. HASTINGS of Florida. Mr. zero tariffs immediately on all U.S. fornia. Mr. Speaker, I rise in opposition Speaker, I yield 3 minutes to the dis- goods, and the FTA ensures that Singa- to the rule and to the Chile and Singa- tinguished gentleman from Texas (Mr. pore cannot increase its duties on any pore trade agreements. I oppose these STENHOLM). U.S. product. bills because of the inadequate labor Mr. DREIER. Mr. Speaker, I am In conclusion, both the Chile and provisions embodied in both. These pleased to yield 1 minute to the gen- Singapore free trade agreements pro- agreements yet again point to the fact tleman from Texas (Mr. STENHOLM). vide benefits for the United States by that the Bush administration is deter- (Mr. STENHOLM asked and was lowering duties on exports to Chile and mined to undermine not only worker given permission to revise and extend locking in duty-free treatment for U.S. protections here in the United States his remarks.) goods to Singapore. Both agreements but also abroad as well.

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.031 H23PT1 H7346 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Under the current language of these being able to trade also and being able States and the leaders of Singapore and bills, only one workers’ rights provi- to compete on an international mar- the United States. The fact is we are sion is enforceable through dispute set- ket. enhancing living standards through tlement, the obligation that a country We all understand comparative ad- greater trade, greater opportunities for enforce its own labor laws no matter vantage and I think we all understand that free flow of goods and services. how weak these labor laws may be. the concept of free trade and I do not And on those jobs that you talked These FTAs give each country involved want to say for one second that I am about, the auto sector, I believe that the option to gut their current labor not for trade. I think trade is a good by the elimination of the luxury tax in laws to gain a trade advantage and face thing. But what I cannot understand is Chile we create a chance for his auto no consequences at all. why we would have this Jordan agree- workers to have a chance there. The FTA with Jordan proved that a ment which would have us able to en- Mr. RYAN of Ohio. Mr. Speaker, re- trade agreement could win the support force environmental standards and claiming my time because it is running of labor, but to do so it needs to con- labor standards with the same capacity out, there is no way we can say with a tain a commitment that each country as commercial standards. We are roll- straight face that it does not pass the follow the guidelines set forth in the ing back these provisions in this agree- snicker test to think manufacturing International Labor Organization’s ment. And as much as we want to ex- jobs are going to come back into Ohio core labor standards. port our products, we want to export or anywhere in the industrial Midwest because we signed this agreement. If b 1230 the ideals. And regardless of what party we belong to, we agree that in we are so committed to the labor The trade agreements before us today the last century in this country we standards, why are we rolling back the five principled stances of the Inter- are a gigantic step backwards and are made great strides in human progress national Labor Organization which vehemently opposed by labor groups. with the labor movement, with the en- were in the Jordan agreement? This is Why in our current economic situation vironmental movement, with the rais- prohibition of slavery, nondiscrimina- are we putting American workers at ing of living standards in this country, risk? Is it not enough that the unem- tion of employment, child labor, free- and I think we are getting away from dom of association. We are taking that ployment rate has skyrocketed to 6.4 that. percent? Is it not enough that the Bush out. I would like to share with the gen- Mr. DREIER. Mr. Speaker, will the administration has presided over the tleman from California, and I have loss of 3 million private sector jobs, has gentleman yield? enormous respect for him and his staff, Mr. RYAN of Ohio. I yield to the gen- failed to raise the minimum wage, al- an article by Lou Dobbs in which, talk- tleman from California. lowing millions of older workers to lose ing about free trade, he said, ‘‘The Mr. DREIER. Mr. Speaker, the main half of their private pension benefits, proof is in the numbers: The U.S. ac- reason is that those circumstances do and has denied unemployment benefits count deficit, the broadest measure of not exist in Chile. It is not necessary. to millions of workers who exhausted transactions with other nations, It is not necessary to address those their Federal unemployment workers swelled to $503 billion in 2002. That is issues. benefits? One would think so but ap- not the way it was supposed to work. Mr. RYAN of Ohio. Then why not put parently that is not the case. Increased global trade was supposed to them in? My other concern is that these FTAs lead to better jobs and higher stand- Mr. DREIER. That is why they do create new immigration policy in the ards of living by opening markets not have to be there. context of a free trade agreement. This around the world for U.S. goods. Now ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE is a step into unchartered territory. some people, myself included, are re- The SPEAKER pro tempore. The The fact is there is no specific author- thinking the belief that free trade ben- Members will address their remarks to ity in the Trade Act of 2002 to nego- efits all nations.’’ the Chair. tiate new visa categories or impose I think it is inaccurate to say that Mr. HASTINGS of Florida. Mr. new requirements on the current tem- we think that somehow these manufac- Speaker, I would urge the Chair, since porary entry system, but that is ex- turing jobs are going to move back into the gentleman from California has actly what has been done in the nego- northeast Ohio or go back to Detroit. more time, if he is inclined to yield tiations of these two agreements. I Mr. DREIER. Mr. Speaker, will the time on his side. urge my colleagues to vote no on both gentleman yield? Mr. DREIER. May I inquire of the agreements. Mr. RYAN of Ohio. I yield to the gen- Chair how much time we have remain- Mr. DREIER. Mr. Speaker, will the tleman from California. ing on each side? gentlewoman yield? Mr. DREIER. Mr. Speaker, I thank The SPEAKER pro tempore. The gen- Ms. LINDA T. SA´ NCHEZ of Cali- my friend for yielding. And the case I tleman from California (Mr. DREIER) has 4 minutes remaining, and the gen- fornia. I yield to the gentleman from would make is I think that Mr. Dobbs California. tleman from Florida (Mr. HASTINGS) is wrong in coming to the conclusion 1 Mr. DREIER. Mr. Speaker, I thank has 2 ⁄2 minutes remaining. that he has, but that is what the de- Mr. DREIER. Mr. Speaker, I yield 2 my friend for yielding and I welcome bate is all about. minutes to the gentleman from Texas her to this body. I know she is a new Mr. RYAN of Ohio. Mr. Speaker, re- (Mr. SESSIONS), the cochair of the Member here. I would say that the con- claiming my time, I think it shows a Singapore effort to bring about success clusions that have been drawn I believe trend, though, to the gentleman from on the floor here, my very good friend are totally inaccurate. California, that there are many people and able colleague on the Committee Mr. Speaker, I reserve the balance of who bought into the program in the on Rules. my time. early 1990s who are no longer agreeing Mr. SESSIONS. Mr. Speaker, I thank Mr. HASTINGS of Florida. Mr. with it. the gentleman from California (Mr. Speaker, I yield 2 minutes to the gen- Mr. DREIER. Mr. Speaker, I yield 1 DREIER), the chairman of the Com- tleman from Ohio (Mr. RYAN), a new minute to the gentleman from Ohio mittee on Rules, for yielding me this Member of Congress and a leader in (Mr. RYAN) and ask him to yield to me. time. this arena. Mr. RYAN of Ohio. I yield to the gen- Also, he and the gentleman from Mr. RYAN of Ohio. Mr. Speaker, I tleman from California. California (Mr. THOMAS) are heading up thank the gentleman for the time to Mr. DREIER. Mr. Speaker, I thank this great effort from the Republican talk about this very important issue, the gentleman for yielding. side to make sure that we work with and I rise against the rule as well. I think the point that needs to be the administration on this important The issue of agricultural products made is that with this agreement, we effort for free trade agreements. came up a little earlier. The products are focused. The gentleman talks about Mr. Speaker, I rise today in support that we are going to get into Chile are the rollback of the Jordan agreement. of this Singapore effort because I be- going to be subsidized products from That was a separate agreement. This is lieve it is in the best interest of Amer- our government and in turn preventing an agreement that was struck between ica. It is in the best interest of Singa- a lot of the African countries from the leaders of Chile and the United pore. These are two great nations who

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.033 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7347 not only work with each other but have their jobs and lose their futures. There The vote was taken by electronic de- so much in common. This free trade is so much suffering we can lay to your vice, and there were—yeas 28, nays 389, agreement is going to do things which hands as one of those who voted for not voting 17, as follows: will help both countries, most specifi- NAFTA in 1993. I want you to meet the [Roll No. 412] cally as it deals with intellectual prop- people who have lost their jobs all over YEAS—28 erty and the way we deal with each this country, over 3 million people just other to resolve disputes. in the last 3 years alone. Baird Hastings (FL) Scott (GA) Bishop (GA) Johnson, E. B. Slaughter Singapore is going to adopt as a re- Look at NAFTA and these trade defi- Capuano Kaptur Solis sult of this free trade agreement laws cits. You told us in 1993 that this tem- Carson (OK) Kennedy (RI) Strickland which are the same or similar to the plate for trade, which you now want to Clyburn Lewis (GA) Towns extend to Singapore and to Chile, Conyers McDermott Velazquez United States so that our companies, DeFazio Payne would work, that it would give us jobs. Waters people who do business back and forth, Doggett Rangel Woolsey have an opportunity to look at the It has been just the reverse. Our jobs Filner Sandlin same type of legal system in the reso- have been cashed out, and Mexico has Grijalva Schakowsky lution of disputes. turned into an export platform to the NAYS—389 As was noted on June 10, Tom United States, and the wages of Mexi- Abercrombie Davis (IL) Hulshof Lipscomb wrote in the Wall Street co’s people have been cut by half. By Ackerman Davis (TN) Hunter Journal: ‘‘Entertainment content is half! You have hurt people in both Aderholt Davis, Jo Ann Hyde countries due to those who voted for Akin Davis, Tom Inslee now [America’s] largest export, and in- Allen Deal (GA) Isakson formation is the basis of more than NAFTA. So we now have lost jobs and Andrews Delahunt Israel half of gross domestic product’’ of growing trade deficits. You told us our Baca DeLauro Issa America. We need to make sure intel- trade accounts would be better. We Bachus DeLay Istook now have half a trillion dollars of trade Baker DeMint Jackson (IL) lectual property, we need to make sure Baldwin Deutsch Jackson-Lee that the content that is a valuable debt in this country. One million lost Ballance Diaz-Balart, L. (TX) asset of United States of America has jobs alone this year are related to that Ballenger Diaz-Balart, M. Janklow an opportunity to have a free and open half a trillion in deficit and every year Barrett (SC) Dicks Jefferson in the last 10 years, deeper and deeper Bartlett (MD) Dingell Jenkins day in court wherever we sell these in- Barton (TX) Dooley (CA) John tellectual property possessions that deficit, more lost jobs. Your plan is not Bass Doolittle Johnson (CT) the United States has. working. We have trade deficits, not Beauprez Doyle Johnson (IL) surpluses, and we have job losses not Becerra Dreier Johnson, Sam Singapore is a good friend of Amer- Bell Duncan Jones (NC) ica. We are going to find that as we jobs created. In my home community Bereuter Dunn Jones (OH) work through free trade agreements of Toledo, unemployment now is 10 per- Berman Edwards Kanjorski that this will become the gold standard cent. Every year it gets worse and the Berry Ehlers Keller Fed has invented a new term, ‘‘jobless Biggert Emanuel Kelly as we deal with other places all around Bilirakis Emerson Kennedy (MN) the globe. recovery.’’ What is that? Bishop (NY) Engel Kildee I support the free trade agreement And, finally, on China after PNTR, Blackburn English Kilpatrick with Singapore. I thank the gentleman we experienced huge trade deficits with Blumenauer Eshoo Kind more lost jobs. Your record is indefen- Blunt Etheridge King (IA) from California for his expert leader- Boehlert Everett King (NY) ship and his vision in making sure that sible. Vote no on this Singapore and Boehner Farr Kingston with our President that we have Chile expansion of the NAFTA trade Bonilla Feeney Kirk template. It has not worked before, and Bonner Flake Kleczka friends all around the globe that enjoy Bono Foley Kline the same opportunities that we do in it surely will not work now. Boozman Forbes Knollenberg America. Mr. DREIER. Mr. Speaker, I am in- Boswell Fossella Kolbe Mr. HASTINGS of Florida. Mr. clined to close the debate myself, and I Boucher Frank (MA) Kucinich hope my colleague from Toledo will Boyd Franks (AZ) LaHood Speaker, to close the debate on our Bradley (NH) Frelinghuysen Lampson side, I yield 2 minutes to the gentle- stay here because I plan to close the Brady (PA) Frost Langevin woman from Ohio (Ms. KAPTUR), whose debate and respond to some of the Brady (TX) Gallegly Lantos district I had the good fortune of vis- statements that were just made. So I Brown (OH) Garrett (NJ) Larsen (WA) have no further requests for time. Brown (SC) Gerlach Larson (CT) iting and could see firsthand some of Brown, Corrine Gibbons Latham the pain of previous free trade agree- Mr. HASTINGS of Florida. Mr. Brown-Waite, Gilchrest LaTourette ments. Speaker, I reserve the balance of my Ginny Gillmor Leach Burgess Gingrey Lee Ms. KAPTUR. Mr. Speaker, I thank time. Mr. DREIER. Mr. Speaker, I am enti- Burns Gonzalez Levin the gentleman for yielding me this Burr Goode Lewis (CA) tled to close the debate here, and then time and for the opportunity to urge Burton (IN) Goodlatte Lewis (KY) I will be moving the previous question. Buyer Gordon Linder my colleagues to vote no on this rule So if the gentleman will complete his Calvert Goss Lipinski which restricts debate today to 2 hours, statement. Camp Granger LoBiondo as has happened on every so-called free Cannon Graves Lofgren trade agreement that has come before f Cantor Green (TX) Lowey Capito Green (WI) Lucas (KY) this body in the last 20 years. Re- MOTION TO ADJOURN Capps Gutierrez Lucas (OK) stricted time means no opportunity to Mr. HASTINGS of Florida. Mr. Cardin Gutknecht Lynch really take a look at what has hap- Cardoza Hall Majette Speaker, I move that the House do now Carson (IN) Harman Maloney pened. adjourn. Carter Harris Manzullo Many of us have served here long The SPEAKER pro tempore. The Case Hart Markey enough to know that the NAFTA idea question is on the motion to adjourn Castle Hastings (WA) Marshall of trade does not work. The gentleman Chabot Hayes Matheson offered by the gentleman from Florida Chocola Hayworth Matsui from California (Mr. DREIER), my good (Mr. HASTINGS). Clay Hefley McCarthy (MO) friend, you told me when you voted for The question was taken; and the Coble Hensarling McCarthy (NY) NAFTA back in 1993 it would create Speaker pro tempore announced that Cole Herger McCollum Collins Hill McCotter jobs. In fact, it has done exactly the the noes appeared to have it. Cooper Hinchey McCrery opposite. We have historic trade defi- Mr. HASTINGS of Florida. Mr. Costello Hinojosa McGovern cits with Mexico, this year alone close Speaker, I object to the vote on the Cramer Hobson McHugh to $50 billion. ground that a quorum is not present Crane Hoeffel McInnis Crenshaw Hoekstra McIntyre Mr. DREIER. Mr. Speaker, will the and make the point of order that a Crowley Holden McKeon gentlewoman yield? quorum is not present. Cubin Holt McNulty Ms. KAPTUR. I am sorry, I will not The SPEAKER pro tempore. Evi- Culberson Honda Meehan yield. You have only given me 2 min- Cummings Hooley (OR) Meek (FL) dently a quorum is not present. Cunningham Hostettler Meeks (NY) utes under your limited rule, as mil- The Sergeant at Arms will notify ab- Davis (AL) Houghton Menendez lions of people in this country lose sent Members. Davis (FL) Hoyer Mica

VerDate jul 14 2003 01:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.037 H23PT1 H7348 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Michaud Price (NC) Smith (WA) has 30 seconds remaining, and the gen- [Roll No. 413] Millender- Pryce (OH) Snyder McDonald Putnam Souder tleman from California (Mr. DREIER) AYES—226 Miller (FL) Quinn Spratt has 2 minutes remaining. Aderholt Gilchrest Osborne Miller (MI) Radanovich Stark Mr. HASTINGS of Florida. Mr. Akin Gillmor Ose Miller (NC) Rahall Stearns Speaker, I yield myself the remaining Bachus Gingrey Otter Miller, Gary Ramstad Stenholm Baker Goode Oxley Miller, George Regula Stupak time. Ballenger Goodlatte Paul Mollohan Rehberg Sweeney I have but 30 seconds, and I would Barrett (SC) Goss Pearce Moore Renzi Tancredo first compliment the majority. I think Bartlett (MD) Granger Pence Moran (KS) Reynolds Tanner Barton (TX) Graves Peterson (PA) Moran (VA) Rodriguez Tauscher that the exchange during the Com- Bass Green (WI) Petri Murphy Rogers (AL) Tauzin mittee on Rules debate on these two Beauprez Greenwood Pickering Murtha Rogers (KY) Taylor (MS) rules was a spirited one; and it sig- Bereuter Gutknecht Pitts Musgrave Rogers (MI) Terry Biggert Harris nifies, among other things, part of the Platts Myrick Rohrabacher Thomas Bilirakis Hart Pombo Nadler Ros-Lehtinen Thompson (CA) division in the House. On the floor, Blackburn Hastings (FL) Porter Napolitano Ross Thompson (MS) there were spirited exchanges between Blunt Hastings (WA) Portman Neal (MA) Rothman Thornberry the gentleman from California (Mr. Boehlert Hayes Pryce (OH) Nethercutt Roybal-Allard Tiahrt Boehner Hayworth Putnam Neugebauer Royce Tiberi DREIER) and me; and the gentleman Bonilla Hefley Quinn Ney Ruppersberger Tierney from California (Mr. DREIER) and the Bonner Hensarling Radanovich Northup Rush Toomey gentleman from California (Mr. Bono Herger Ramstad Norwood Ryan (OH) Turner (OH) Boozman Hobson GEORGE MILLER); and between the gen- Regula Nunes Ryan (WI) Turner (TX) Bradley (NH) Hoekstra Rehberg Nussle Ryun (KS) Udall (CO) tleman from California (Mr. DREIER) Brady (TX) Hostettler Renzi Oberstar Sabo Udall (NM) and the gentleman from Ohio (Mr. Brown (SC) Houghton Reynolds Obey Sanchez, Linda Upton Brown-Waite, Hulshof YAN Rogers (AL) Olver T. Van Hollen R ) and the gentlewoman from Ohio Ginny Hunter (Ms. KAPTUR). I think it points out the Rogers (KY) Ortiz Sanchez, Loretta Visclosky Burgess Hyde Rogers (MI) Osborne Sanders Vitter significance of these two agreements. Burns Isakson Rohrabacher Ose Saxton Walden (OR) They are really important for all of us; Burr Issa Ros-Lehtinen Otter Schiff Walsh Burton (IN) Istook Royce Owens Schrock and as I said, this was demonstrated in Buyer Janklow Wamp Ryan (WI) Oxley Scott (VA) Watson the Committee on Rules and here on Calvert Jenkins Ryun (KS) Pallone Sensenbrenner Watt Camp Johnson (CT) the floor. Saxton Pascrell Serrano Waxman Cannon Johnson (IL) Schrock Pastor Sessions Weiner There are other trade agreements Cantor Johnson, Sam Sensenbrenner Paul Shadegg Weldon (FL) that are coming down the pike, and the Capito Jones (NC) Sessions Pearce Shaw Weldon (PA) Carter Keller chairman of the Committee on Rules Shadegg Pelosi Shays Weller Castle Kelly and I have had discussions regarding Shaw Pence Sherman Wexler Chabot Kennedy (MN) Shays Peterson (MN) Sherwood Whitfield the fact that I am hopeful that in the Chocola King (IA) Sherwood Peterson (PA) Shimkus Wicker future we will have even more time for Coble King (NY) Shuster Petri Shuster Wilson (NM) even more spirited debate. These are Cole Kingston Pitts Simmons Wilson (SC) Collins Kirk Simmons Platts Simpson Wolf important measures, and I would urge Cox Kline Simpson Pombo Skelton Wu Members to pay strict attention to Crane Knollenberg Smith (MI) Pomeroy Smith (MI) Wynn them. Crenshaw Kolbe Smith (NJ) Porter Smith (NJ) Young (AK) Cubin LaHood Smith (TX) Portman Smith (TX) Young (FL) Mr. Speaker, I yield back the balance Culberson Latham Souder of my time. Cunningham LaTourette Stearns NOT VOTING—17 Davis, Jo Ann Leach Stenholm Mr. DREIER. Mr. Speaker, I yield Sweeney Alexander Evans Greenwood myself the remaining time. Davis, Tom Lewis (CA) Berkley Fattah Pickering Deal (GA) Lewis (KY) Tancredo Tauzin Bishop (UT) Ferguson Reyes Mr. Speaker, I know that the Cham- DeLay Linder Taylor (NC) Cox Fletcher Sullivan DeMint LoBiondo ber is not packed to hear my words for Terry Davis (CA) Ford Taylor (NC) Diaz-Balart, L. Lucas (OK) DeGette Gephardt the next 2 minutes, so I will simply say Diaz-Balart, M. Manzullo Thomas that I believe we have a wonderful op- Doolittle McCotter Thornberry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE portunity to open up new markets for Dreier McCrery Tiahrt The SPEAKER pro tempore (Mr. SIM- Duncan McHugh Tiberi U.S. workers in both Chile and Singa- Toomey MONS) (during the vote). Members are Dunn McInnis pore. This agreement is going to enjoy Ehlers McKeon Turner (OH) reminded there are 2 minutes remain- broad bipartisan support. I encourage Emerson Mica Upton ing in this vote. my colleagues to vote ‘‘yes’’ for the English Miller (FL) Vitter Everett Miller (MI) Walden (OR) b 1302 rule and ‘‘yes’’ for the underlying legis- Feeney Miller, Gary Walsh Mr. MURPHY, Mr. FARR, and Ms. lation. Flake Moran (KS) Wamp Mr. Speaker, I yield back the balance Fletcher Murphy Weldon (FL) JACKSON-LEE of Texas changed their Foley Musgrave Weldon (PA) vote from ‘‘yea’’ to ‘‘nay.’’ of my time, and I move the previous Forbes Myrick Weller Mr. CAPUANO and Mr. BISHOP of question on the resolution. Fossella Nethercutt Whitfield Georgia changed their vote from ‘‘nay’’ The SPEAKER pro tempore. The Franks (AZ) Neugebauer Wicker Frelinghuysen Ney Wilson (NM) to ‘‘yea.’’ question is on ordering the previous Gallegly Northup Wilson (SC) So the motion to adjourn was re- question. Garrett (NJ) Norwood Wolf jected. The question was taken; and the Gerlach Nunes Young (AK) The result of the vote was announced Speaker pro tempore announced that Gibbons Nussle Young (FL) as above recorded. the ayes appeared to have it. NOES—200 f RECORDED VOTE Abercrombie Boyd Davis (AL) Ackerman Brady (PA) Davis (CA) PROVIDING FOR CONSIDERATION Mr. HASTINGS of Florida. Mr. Alexander Brown (OH) Davis (FL) OF H.R. 2738, UNITED STATES- Speaker, I demand a recorded vote. Allen Brown, Corrine Davis (IL) CHILE FREE TRADE AGREEMENT A recorded vote was ordered. Andrews Capps Davis (TN) Baca Capuano DeFazio IMPLEMENTATION ACT, AND H.R. The SPEAKER pro tempore. Pursu- Baird Cardin DeGette 2739, UNITED STATES-SINGAPORE ant to clause 9 of rule XX, the Chair Baldwin Cardoza Delahunt FREE TRADE AGREEMENT IM- will reduce to 5 minutes the minimum Ballance Carson (IN) DeLauro Becerra Carson (OK) Deutsch PLEMENTATION ACT time for any electronic vote on the Bell Case Dicks Mr. HASTINGS of Florida. Mr. question of adoption of the resolution Berman Clay Dingell Speaker, would the Chair clarify for me or on any other questions that may Berry Clyburn Doggett Bishop (GA) Cooper Dooley (CA) and the gentleman from California (Mr. arise during this series. Bishop (NY) Costello Doyle DREIER) the time remaining. The vote was taken by electronic de- Blumenauer Cramer Edwards The SPEAKER pro tempore. The gen- vice, and there were—ayes 226, noes 200, Boswell Crowley Emanuel Boucher Cummings Engel tleman from Florida (Mr. HASTINGS) not voting 8, as follows:

VerDate jul 14 2003 03:03 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.013 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7349 Eshoo Lofgren Ross The SPEAKER pro tempore. This Cummings Kind Pomeroy Etheridge Lowey Rothman will be a 5-minute vote. Davis (AL) Kleczka Price (NC) Evans Lucas (KY) Roybal-Allard Davis (CA) Kucinich Rahall Farr Lynch Ruppersberger The vote was taken by electronic de- Davis (FL) Lampson Rangel Fattah Majette Rush vice, and there were—ayes 223, noes 201, Davis (IL) Langevin Reyes Filner Maloney Ryan (OH) not voting 10, as follows: Davis (TN) Lantos Rodriguez Frank (MA) Markey Sabo DeFazio Larsen (WA) Ross Frost Marshall Sanchez, Linda [Roll No. 414] DeGette Larson (CT) Rothman Gonzalez Matheson T. Delahunt Lee Roybal-Allard Gordon Matsui Sanchez, Loretta AYES—223 DeLauro Levin Ruppersberger Green (TX) McCarthy (MO) Sanders Aderholt Gibbons Nussle Deutsch Lewis (GA) Rush Grijalva McCarthy (NY) Sandlin Akin Gilchrest Osborne Doggett Lipinski Ryan (OH) Gutierrez McCollum Schakowsky Bachus Gillmor Ose Dooley (CA) Lofgren Sabo Hall McDermott Schiff Baker Gingrey Otter Doyle Lowey Sanchez, Linda Harman McGovern Scott (GA) Ballenger Goode Oxley Edwards Lucas (KY) T. Hill McIntyre Emanuel Lynch Scott (VA) Barrett (SC) Goodlatte Paul Sanchez, Loretta Hinchey McNulty Engel Majette Sanders Serrano Bartlett (MD) Goss Pence Hinojosa Meehan Eshoo Maloney Sandlin Sherman Barton (TX) Granger Peterson (PA) Hoeffel Meek (FL) Etheridge Markey Schakowsky Skelton Bass Graves Petri Holden Meeks (NY) Evans Marshall Schiff Slaughter Beauprez Green (WI) Pickering Holt Menendez Farr Matheson Scott (GA) Smith (WA) Bereuter Greenwood Pitts Honda Michaud Fattah Matsui Scott (VA) Snyder Biggert Gutknecht Platts Hooley (OR) Millender- Filner McCarthy (MO) Serrano Bilirakis Harris Pombo Hoyer McDonald Solis Frank (MA) McCarthy (NY) Sherman Blackburn Hart Porter Inslee Miller (NC) Spratt Frost McCollum Skelton Blunt Hastings (WA) Portman Israel Miller, George Stark Gonzalez McDermott Slaughter Boehlert Hayes Pryce (OH) Jackson (IL) Mollohan Strickland Gordon McGovern Smith (WA) Stupak Boehner Hayworth Putnam Jackson-Lee Moore Bonilla Hefley Green (TX) McIntyre Snyder (TX) Moran (VA) Tanner Quinn Grijalva McNulty Solis Tauscher Bonner Hensarling Radanovich Jefferson Murtha Bono Herger Gutierrez Meehan Spratt John Nadler Taylor (MS) Ramstad Hall Meek (FL) Stark Thompson (CA) Boozman Hobson Regula Johnson, E. B. Napolitano Bradley (NH) Hoekstra Harman Meeks (NY) Stenholm Jones (OH) Neal (MA) Thompson (MS) Rehberg Hastings (FL) Menendez Strickland Tierney Brady (TX) Hostettler Renzi Kanjorski Oberstar Brown (SC) Hill Michaud Stupak Towns Houghton Reynolds Kaptur Obey Brown-Waite, Hulshof Hinchey Millender- Tanner Turner (TX) Rogers (AL) Kennedy (RI) Olver Ginny Hunter Hinojosa McDonald Tauscher Udall (CO) Rogers (KY) Kildee Ortiz Burgess Hyde Hoeffel Miller (NC) Taylor (MS) Udall (NM) Rogers (MI) Kilpatrick Owens Burns Isakson Holden Miller, George Thompson (CA) Van Hollen Rohrabacher Kind Pallone Burr Issa Holt Mollohan Thompson (MS) Velazquez Ros-Lehtinen Kleczka Pascrell Burton (IN) Istook Honda Moore Tierney Visclosky Royce Kucinich Pastor Buyer Janklow Hooley (OR) Moran (VA) Towns Waters Ryan (WI) Lampson Payne Calvert Jenkins Hoyer Murtha Turner (TX) Watson Ryun (KS) Langevin Pelosi Camp Johnson (CT) Inslee Nadler Udall (CO) Watt Schrock Lantos Peterson (MN) Cannon Johnson (IL) Israel Napolitano Udall (NM) Waxman Sensenbrenner Larsen (WA) Pomeroy Cantor Johnson, Sam Jackson (IL) Neal (MA) Van Hollen Sessions Larson (CT) Price (NC) Weiner Capito Jones (NC) Jackson-Lee Oberstar Velazquez Shadegg Lee Rahall Wexler Carter Keller (TX) Obey Visclosky Shaw Levin Rangel Woolsey Castle Kelly Jefferson Olver Waters Shays Lewis (GA) Reyes Wu Chabot Kennedy (MN) John Ortiz Watson Sherwood Lipinski Rodriguez Wynn Chocola King (IA) Johnson, E. B. Owens Watt Shimkus Coble King (NY) Jones (OH) Pallone Waxman NOT VOTING—8 Shuster Cole Kingston Kanjorski Pascrell Weiner Berkley Ferguson Shimkus Collins Kirk Simmons Kaptur Pastor Wexler Bishop (UT) Ford Sullivan Cox Kline Simpson Kennedy (RI) Payne Woolsey Conyers Gephardt Crane Knollenberg Smith (MI) Kildee Pelosi Wu Crenshaw Kolbe Smith (NJ) Kilpatrick Peterson (MN) Wynn ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cubin LaHood Smith (TX) The SPEAKER pro tempore (Mr. SIM- Culberson Latham Souder NOT VOTING—10 Stearns MONS) (during the vote). Members are Cunningham LaTourette Berkley Ferguson Saxton Sweeney advised they have 2 minutes to vote. Davis, Jo Ann Leach Bishop (UT) Ford Sullivan Davis, Tom Lewis (CA) Tancredo Dicks Gephardt Tauzin b 1325 Deal (GA) Lewis (KY) Dingell Pearce DeLay Linder Taylor (NC) So the previous question was ordered. DeMint LoBiondo Terry ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Diaz-Balart, L. Lucas (OK) Thomas The result of the vote was announced The SPEAKER pro tempore (Mr. SIM- Diaz-Balart, M. Manzullo Thornberry as above recorded. Doolittle McCotter Tiahrt MONS) (during the vote). Members are MOTION TO RECONSIDER THE VOTE OFFERED BY Dreier McCrery Tiberi reminded that there are 2 minutes to Toomey MR. HASTINGS OF FLORIDA Duncan McHugh vote. Dunn McInnis Turner (OH) Mr. HASTINGS of Florida. Mr. Ehlers McKeon Upton Speaker, I have a motion at the desk. Emerson Mica Vitter b 1335 The SPEAKER pro tempore. The English Miller (FL) Walden (OR) Clerk will report the motion. Everett Miller (MI) Walsh Mr. OSBORNE changed his vote from Feeney Miller, Gary Wamp ‘‘no’’ to ‘‘aye.’’ The Clerk read as follows: Flake Moran (KS) Weldon (FL) Mr. HASTINGS of Florida moves to recon- Fletcher Murphy Weldon (PA) So the motion to table was agreed to. sider the vote by which the previous ques- Foley Musgrave Weller The result of the vote was announced tion was ordered. Forbes Myrick Whitfield Fossella Nethercutt Wicker as above recorded. MOTION TO TABLE OFFERED BY MR. DREIER Franks (AZ) Neugebauer Wilson (NM) The SPEAKER pro tempore. The Mr. DREIER. Mr. Speaker, I move to Frelinghuysen Ney Wilson (SC) question is on the resolution. Gallegly Northup Wolf lay the motion to reconsider on the Garrett (NJ) Norwood Young (AK) The question was taken; and the table. Gerlach Nunes Young (FL) Speaker pro tempore announced that The SPEAKER pro tempore. The the ayes appeared to have it. question is on the motion to table of- NOES—201 fered by the gentleman from California Abercrombie Berry Cardin RECORDED VOTE Ackerman Bishop (GA) Cardoza Mr. HASTINGS of Florida. Mr. (Mr. DREIER). Alexander Bishop (NY) Carson (IN) The question was taken; and the Allen Blumenauer Carson (OK) Speaker, I demand a recorded vote. Speaker pro tempore announced that Andrews Boswell Case A recorded vote was ordered. Baca Boucher Clay the ayes appeared to have it. Baird Boyd Clyburn The SPEAKER pro tempore. This RECORDED VOTE Baldwin Brady (PA) Conyers will be a 5-minute vote. Mr. HASTINGS of Florida. Mr. Ballance Brown (OH) Cooper The vote was taken by electronic de- Becerra Brown, Corrine Costello Speaker, I demand a recorded vote. Bell Capps Cramer vice, and there were—ayes 281, noes 144, A recorded vote was ordered. Berman Capuano Crowley not voting 9, as follows:

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.007 H23PT1 H7350 CONGRESSIONAL RECORD — HOUSE July 23, 2003

[Roll No. 415] NOES—144 RECORDED VOTE AYES—281 Abercrombie Hinchey Owens Mr. HASTINGS of Florida. Mr. Ackerman Hoeffel Pallone Speaker, I demand a recorded vote. Aderholt Gilchrest Neugebauer Allen Holden Pascrell Alexander Gillmor Ney Andrews Holt Pastor A recorded vote was ordered. Bachus Gingrey Northup Baca Honda Payne The SPEAKER pro tempore. This Baker Goode Norwood Baird Inslee Pelosi will be a 5-minute vote. Ballenger Goodlatte Nunes Baldwin Jackson (IL) Rahall Barrett (SC) Goss Nussle Ballance Jackson-Lee Rodriguez The vote was taken by electronic de- Bartlett (MD) Granger Ortiz Becerra (TX) Ross vice, and there were—ayes 228, noes 197, Barton (TX) Graves Osborne Bell Johnson, E. B. Rothman not voting 9, as follows: Bass Green (WI) Ose Berry Jones (OH) Roybal-Allard Beauprez Greenwood Otter Bishop (GA) Kanjorski Ruppersberger [Roll No. 416] Bereuter Gutknecht Oxley Bishop (NY) Kaptur Rush AYES—228 Berman Hall Paul Boucher Kennedy (RI) Ryan (OH) Biggert Harman Pence Brady (PA) Kildee Sabo Aderholt Gilchrest Osborne Bilirakis Harris Peterson (MN) Brown (OH) Kilpatrick Sanchez, Linda Akin Gillmor Ose Bachus Gingrey Blackburn Hart Petri Capps Kleczka T. Otter Baker Goode Blumenauer Hastings (FL) Pickering Capuano Kucinich Sanchez, Loretta Oxley Ballenger Goodlatte Blunt Hastings (WA) Pitts Cardoza Lampson Sanders Paul Barrett (SC) Goss Boehlert Hayes Platts Carson (IN) Langevin Schakowsky Pence Case Lantos Schiff Bartlett (MD) Granger Boehner Hayworth Pombo Peterson (PA) Clay Larson (CT) Scott (GA) Barton (TX) Graves Bonilla Hefley Pomeroy Petri Clyburn Lee Scott (VA) Bass Green (WI) Bonner Hensarling Porter Pickering Conyers Lewis (GA) Serrano Beauprez Greenwood Bono Herger Portman Pitts Cooper Lipinski Sherman Bereuter Gutknecht Boozman Hill Price (NC) Platts Costello Lowey Slaughter Biggert Harris Boswell Hinojosa Pryce (OH) Pombo Crowley Lynch Solis Bilirakis Hart Porter Boyd Hobson Putnam Cummings Maloney Spratt Blackburn Hastings (WA) Bradley (NH) Hoekstra Quinn Portman Davis (IL) Markey Stark Blunt Hayes Pryce (OH) Brady (TX) Hooley (OR) Radanovich Boehlert Hayworth DeFazio McCarthy (MO) Strickland Putnam Brown (SC) Hostettler Ramstad Boehner Hefley DeGette McCarthy (NY) Stupak Quinn Brown, Corrine Houghton Rangel Bonilla Hensarling Delahunt McCollum Taylor (MS) Radanovich Brown-Waite, Hoyer Regula Bonner Herger DeLauro McDermott Thompson (CA) Ramstad Ginny Hulshof Rehberg Deutsch McGovern Thompson (MS) Bono Hinojosa Regula Burgess Hunter Renzi Dicks McIntyre Tierney Boozman Hobson Rehberg Burns Hyde Reyes Dingell McNulty Towns Bradley (NH) Hoekstra Renzi Burr Isakson Reynolds Doyle Menendez Udall (CO) Brady (TX) Hostettler Reynolds Burton (IN) Israel Rogers (AL) Engel Michaud Udall (NM) Brown (SC) Houghton Rogers (AL) Buyer Issa Rogers (KY) Evans Millender- Van Hollen Brown-Waite, Hulshof Calvert Istook Rogers (MI) Farr McDonald Velazquez Ginny Hunter Rogers (KY) Camp Janklow Rohrabacher Fattah Miller (NC) Visclosky Burgess Hyde Rogers (MI) Cannon Jefferson Ros-Lehtinen Filner Miller, George Waters Burns Isakson Rohrabacher Cantor Jenkins Royce Frank (MA) Mollohan Watson Burr Issa Ros-Lehtinen Capito John Ryan (WI) Frost Murtha Watt Burton (IN) Janklow Royce Cardin Johnson (CT) Ryun (KS) Gonzalez Nadler Waxman Buyer Jenkins Ryan (WI) Carson (OK) Johnson (IL) Sandlin Gordon Napolitano Weiner Calvert Johnson (CT) Ryun (KS) Carter Johnson, Sam Saxton Green (TX) Oberstar Wexler Camp Johnson (IL) Saxton Castle Jones (NC) Schrock Grijalva Obey Woolsey Cannon Johnson, Sam Schrock Chabot Keller Sensenbrenner Gutierrez Olver Wynn Cantor Jones (NC) Sensenbrenner Capito Keller Sessions Chocola Kelly Sessions NOT VOTING—9 Coble Kennedy (MN) Shadegg Carter Kelly Shadegg Cole Kind Shaw Akin Ferguson Pearce Castle Kennedy (MN) Shaw Chabot Kind Collins King (IA) Shays Berkley Ford Peterson (PA) Shays Chocola King (IA) Cox King (NY) Sherwood Bishop (UT) Gephardt Sullivan Sherwood Coble King (NY) Cramer Kingston Shimkus Shimkus ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole Kingston Crane Kirk Shuster Shuster Collins Kirk Crenshaw Kline Simmons The SPEAKER pro tempore (during Simmons Cox Kline Cubin Knollenberg Simpson the vote). Members are reminded they Simpson Cramer Knollenberg Smith (MI) Culberson Kolbe Skelton have 2 minutes in which to cast their Crane Kolbe Cunningham LaHood Smith (MI) Smith (NJ) vote. Crenshaw LaHood Smith (TX) Davis (AL) Larsen (WA) Smith (NJ) Cubin Latham Davis (CA) Latham Smith (TX) Souder b 1344 Culberson LaTourette Stearns Davis (FL) LaTourette Smith (WA) Cunningham Leach Davis (TN) Leach Snyder Ms. HARMAN, Mr. NEAL of Massa- Sweeney Davis, Jo Ann Lewis (CA) Tancredo Davis, Jo Ann Levin Souder chusetts, and Mr. MEEHAN changed Davis, Tom Lewis (KY) Tauzin Davis, Tom Lewis (CA) Stearns Deal (GA) Linder their vote from ‘‘no’’ to ‘‘aye.’’ Taylor (NC) Deal (GA) Lewis (KY) Stenholm DeLay LoBiondo So the resolution was agreed to. Terry DeLay Linder Sweeney DeMint Lucas (OK) Thomas DeMint LoBiondo Tancredo The result of the vote was announced Diaz-Balart, L. Manzullo Thornberry Diaz-Balart, L. Lofgren Tanner as above recorded. Diaz-Balart, M. McCotter Diaz-Balart, M. Lucas (KY) Tauscher Tiahrt MOTION TO RECONSIDER OFFERED BY MR. Doolittle McCrery Doggett Lucas (OK) Tauzin Dreier McHugh Tiberi HASTINGS OF FLORIDA Dooley (CA) Majette Taylor (NC) Duncan McInnis Toomey Doolittle Manzullo Terry Mr. HASTINGS of Florida. Mr. Dunn McKeon Turner (OH) Dreier Marshall Thomas Speaker, I offer a motion to reconsider. Ehlers Mica Turner (TX) Upton Duncan Matheson Thornberry The SPEAKER pro tempore. The Emerson Miller (FL) Dunn Matsui Tiahrt English Miller (MI) Vitter Edwards McCotter Tiberi Clerk will report the motion. Everett Miller, Gary Walden (OR) Ehlers McCrery Toomey The Clerk read as follows: Feeney Moran (KS) Walsh Wamp Emanuel McHugh Turner (OH) Mr. HASTINGS of Florida moves to recon- Flake Murphy Weldon (FL) Emerson McInnis Turner (TX) sider the vote by which the resolution was Fletcher Musgrave English McKeon Upton Foley Myrick Weldon (PA) Eshoo Meehan Vitter agreed to. Forbes Nethercutt Weller Whitfield Etheridge Meek (FL) Walden (OR) MOTION TO TABLE OFFERED BY MR. DREIER Fossella Neugebauer Everett Meeks (NY) Walsh Franks (AZ) Ney Wicker Feeney Mica Wamp Mr. DREIER. Mr. Speaker, I move to Frelinghuysen Northup Wilson (NM) Flake Miller (FL) Weldon (FL) lay the motion to reconsider on the Gallegly Norwood Wilson (SC) Fletcher Miller (MI) Weldon (PA) table. Garrett (NJ) Nunes Wolf Foley Miller, Gary Weller The SPEAKER pro tempore. The Gerlach Nussle Young (AK) Forbes Moore Whitfield Gibbons Ortiz Young (FL) Fossella Moran (KS) Wicker question is on the motion to table of- Franks (AZ) Moran (VA) Wilson (NM) fered by the gentleman from California NOES—197 Frelinghuysen Murphy Wilson (SC) (Mr. DREIER). Abercrombie Baca Bell Gallegly Musgrave Wolf The question was taken; and the Ackerman Baird Berman Garrett (NJ) Myrick Wu Alexander Baldwin Berry Gerlach Neal (MA) Young (AK) Speaker pro tempore announced that Allen Ballance Bishop (GA) Gibbons Nethercutt Young (FL) the ayes appeared to have it. Andrews Becerra Bishop (NY)

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.012 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7351 Blumenauer Inslee Pallone A recorded vote was ordered. McCotter Pitts Smith (NJ) Boswell Israel Pascrell McCrery Platts Smith (TX) Boucher Jackson (IL) Pastor The vote was taken by electronic de- McDermott Pombo Smith (WA) Boyd Jackson-Lee Payne vice, and there were—ayes 29, noes 394, McGovern Pomeroy Snyder Brady (PA) (TX) Pelosi answered ‘‘present’’ 1, not voting 10, as McHugh Porter Souder Brown (OH) Jefferson Peterson (MN) follows: McInnis Portman Spratt Brown, Corrine John Pomeroy McKeon Price (NC) Stark Capps Johnson, E. B. Price (NC) [Roll No. 417] McNulty Pryce (OH) Stearns Capuano Jones (OH) Rahall Meehan Putnam Stenholm Cardin Kanjorski Rangel AYES—29 Meek (FL) Quinn Strickland Cardoza Kaptur Reyes Baird Grijalva Sanchez, Loretta Meeks (NY) Radanovich Stupak Carson (IN) Kennedy (RI) Rodriguez Bishop (GA) Hastings (FL) Sandlin Menendez Rahall Sweeney Carson (OK) Kildee Mica Ramstad Ross Brown, Corrine Jones (OH) Schakowsky Tancredo Case Kilpatrick Michaud Regula Rothman Capuano Kaptur Shimkus Tanner Clay Kleczka Roybal-Allard Clay Kennedy (RI) Millender- Rehberg Tauscher Clyburn Kucinich Solis McDonald Renzi Ruppersberger Clyburn McIntyre Tauzin Cooper Lampson Thompson (MS) Miller (FL) Reyes Rush Conyers Miller, George Taylor (MS) Costello Langevin Towns Miller (MI) Reynolds Ryan (OH) Evans Olver Taylor (NC) Crowley Lantos Watson Miller (NC) Rodriguez Sabo Filner Pallone Terry Cummings Larsen (WA) Woolsey Miller, Gary Rogers (AL) Sanchez, Linda Frank (MA) Rangel Thomas Davis (AL) Larson (CT) Mollohan Rogers (KY) T. Thompson (CA) Davis (CA) Lee Moore Rogers (MI) Sanchez, Loretta NOES—394 Thornberry Davis (FL) Levin Moran (KS) Rohrabacher Sanders Tiahrt Davis (IL) Lewis (GA) Abercrombie Davis (AL) Hobson Moran (VA) Ros-Lehtinen Sandlin Tiberi Davis (TN) Lipinski Ackerman Davis (CA) Hoeffel Murphy Ross Schakowsky DeFazio Lofgren Aderholt Davis (FL) Hoekstra Murtha Rothman Tierney Schiff DeGette Lowey Akin Davis (IL) Holden Musgrave Roybal-Allard Toomey Scott (GA) Delahunt Lucas (KY) Alexander Davis (TN) Holt Myrick Royce Turner (OH) Scott (VA) DeLauro Lynch Allen Davis, Jo Ann Honda Nadler Ruppersberger Turner (TX) Serrano Deutsch Majette Andrews Davis, Tom Hooley (OR) Napolitano Rush Udall (CO) Sherman Dicks Maloney Baca Deal (GA) Hostettler Neal (MA) Ryan (OH) Udall (NM) Skelton Dingell Markey Bachus DeGette Houghton Nethercutt Ryan (WI) Upton Doggett Marshall Slaughter Baker Delahunt Hoyer Neugebauer Ryun (KS) Van Hollen Dooley (CA) Matheson Smith (WA) Baldwin DeLauro Hulshof Ney Sabo Velazquez Doyle Matsui Snyder Ballance DeLay Hunter Northup Sanchez, Linda Visclosky Edwards McCarthy (MO) Solis Ballenger DeMint Hyde Norwood T. Vitter Emanuel McCarthy (NY) Spratt Barrett (SC) Deutsch Inslee Nunes Sanders Walden (OR) Engel McCollum Stark Bartlett (MD) Diaz-Balart, L. Isakson Nussle Saxton Walsh Eshoo McDermott Stenholm Barton (TX) Diaz-Balart, M. Israel Oberstar Schiff Wamp Etheridge McGovern Strickland Bass Dicks Issa Obey Schrock Waters Evans McIntyre Stupak Beauprez Dingell Istook Ortiz Scott (GA) Watt Farr McNulty Tanner Becerra Doggett Jackson (IL) Osborne Scott (VA) Waxman Fattah Meehan Tauscher Bell Dooley (CA) Jackson-Lee Ose Sensenbrenner Weiner Filner Meek (FL) Taylor (MS) Bereuter Doolittle (TX) Otter Serrano Weldon (FL) Frank (MA) Meeks (NY) Thompson (CA) Berman Doyle Janklow Owens Sessions Weldon (PA) Frost Menendez Thompson (MS) Berry Dreier Jefferson Oxley Shadegg Weller Gonzalez Michaud Tierney Biggert Duncan Jenkins Pascrell Shaw Wexler Gordon Millender- Towns Bilirakis Dunn John Pastor Shays Whitfield Green (TX) McDonald Udall (CO) Bishop (NY) Edwards Johnson (CT) Paul Sherman Wicker Grijalva Miller (NC) Udall (NM) Blackburn Ehlers Johnson (IL) Payne Sherwood Wilson (NM) Gutierrez Miller, George Van Hollen Blumenauer Emanuel Johnson, E. B. Pelosi Shuster Wilson (SC) Hall Mollohan Velazquez Blunt Emerson Johnson, Sam Pence Simmons Wolf Harman Moore Visclosky Boehlert Engel Jones (NC) Peterson (MN) Simpson Wu Hastings (FL) Moran (VA) Waters Bonilla English Kanjorski Peterson (PA) Skelton Wynn Hill Murtha Watson Bonner Eshoo Keller Petri Slaughter Young (AK) Hinchey Nadler Watt Bono Etheridge Kelly Pickering Smith (MI) Young (FL) Hoeffel Napolitano Waxman Boozman Everett Kennedy (MN) Holden Neal (MA) Weiner Boswell Farr Kildee ANSWERED ‘‘PRESENT’’—1 Holt Oberstar Wexler Boucher Fattah Kilpatrick DeFazio Honda Obey Woolsey Boyd Feeney Kind Hooley (OR) Olver Wu Bradley (NH) Flake King (IA) NOT VOTING—10 Hoyer Owens Wynn Brady (PA) Fletcher King (NY) Berkley Ferguson Pearce Brady (TX) Foley Kingston Bishop (UT) Ford Sullivan NOT VOTING—9 Brown (OH) Forbes Kirk Boehner Gephardt Berkley Ferguson Istook Brown (SC) Fossella Kleczka Cantor Lewis (KY) Bishop (UT) Ford Pearce Brown-Waite, Franks (AZ) Kline ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Conyers Gephardt Sullivan Ginny Frelinghuysen Knollenberg Burgess Frost Kolbe The SPEAKER pro tempore (Mr. SIM- Burns Gallegly Kucinich ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE MONS) (during the vote). Members are Burr Garrett (NJ) LaHood The SPEAKER pro tempore (Mr. SIM- Burton (IN) Gerlach Lampson advised that they have 2 minutes to MONS) (during the vote). Members are Buyer Gibbons Langevin cast their vote. reminded that there are 2 minutes re- Calvert Gilchrest Lantos b 1410 maining in this vote. Camp Gillmor Larsen (WA) Cannon Gingrey Larson (CT) Mr. HOEKSTRA changed his vote b 1353 Capito Gonzalez Latham Capps Goode LaTourette from ‘‘aye’’ to ‘‘no.’’ Mr. REYES changed his vote from Cardin Goodlatte Leach So the motion to adjourn was re- ‘‘aye’’ to ‘‘no.’’ Cardoza Gordon Lee jected. So the motion to table the motion to Carson (IN) Goss Levin The result of the vote was announced Carson (OK) Granger Lewis (CA) as above recorded. reconsider was agreed to. Carter Graves Lewis (GA) The result of the vote was announced Case Green (TX) Linder f as above recorded. Castle Green (WI) Lipinski Chabot Greenwood LoBiondo QUESTION OF PERSONAL f Chocola Gutierrez Lofgren PRIVILEGE Coble Gutknecht Lowey MOTION TO ADJOURN Cole Hall Lucas (KY) Mr. THOMAS. Mr. Speaker, I rise to Mr. HASTINGS of Florida. Mr. Collins Harman Lucas (OK) a point of personal privilege. Cooper Harris Lynch The SPEAKER. The Chair has exam- Speaker, I move the House do now ad- Costello Hart Majette ined the press accounts that have been journ. Cox Hastings (WA) Maloney submitted, and it qualifies as a ques- The question was taken; and the Cramer Hayes Manzullo tion of personal privilege under rule Speaker pro tempore announced that Crane Hayworth Markey Crenshaw Hefley Marshall IX. the noes appeared to have it. Crowley Hensarling Matheson The gentleman from California (Mr. Cubin Herger Matsui RECORDED VOTE HOMAS Culberson Hill McCarthy (MO) T ) is recognized for 1 hour. Mr. HASTINGS of Florida. Mr. Cummings Hinchey McCarthy (NY) Mr. THOMAS. Mr. Speaker, I yield Speaker, I demand a recorded vote. Cunningham Hinojosa McCollum myself such time as I may consume.

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.011 H23PT1 H7352 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Mr. Speaker, I have always consid- PARLIAMENTARY INQUIRY House we have got to respect each ered the time spent in this institution, Mr. RANGEL. Mr. Speaker, I would other no matter how much we differ. the people’s House, as one of the high- like to respond in a positive way, and I We should try to believe that the best est honors a person can be provided by make a parliamentary inquiry. Would of us is to do the best job for our coun- this country. Each of us is elected by this be the proper time to ask whether try. the people to be a Member. Each of us my privilege of the House motion could Chairman THOMAS, I thank you for has an equal right to be here. But what be heard? coming forward and giving us the op- we do here, what position or respon- The SPEAKER. The Chair will con- portunity to say can we not take this sibilities that we have, we owe to each tinue to take that timing under advise- House to a higher level? Can we not go other. ment. back home and make the people proud Last Friday in the Ways and Means (Mr. RANGEL asked and was given of us? And whether we win or lose in Committee while conducting a markup permission to speak out of order.) terms of legislation, whether we re- of a bill as a result of decisions made spect each other is what I think those by members of the committee and by f that we leave this Congress to would me as chairman, there was a break- RESPONSE TO QUESTION OF respect us for. Thank you, Mr. Chair- down of order and decorum. To reestab- PERSONAL PRIVILEGE man. lish order in the committee, I re- f quested that staff place a call to the Mr. RANGEL. Mr. Speaker and my Sergeant at Arms. That decision, in my colleagues, I first want to thank the DEPARTMENTS OF COMMERCE, opinion, was proper and appropriate. A chairman of my committee for what JUSTICE, AND STATE, THE JUDI- second decision to instruct staff to see had to be a very difficult task for him CIARY, AND RELATED AGENCIES if the Democrats that had occupied the in coming before this august body and APPROPRIATIONS ACT, 2004 library would go to room 1129, which is expressing regret for poor judgment. All of us at some time or the other The SPEAKER. Pursuant to House a room reserved for the Democrats for Resolution 326 and rule XVIII, the meetings and caucuses, and to enlist have had poor judgment, and it is al- ways difficult for us, especially as poli- Chair declares the House in the Com- the support of the Capitol Police to do mittee of the Whole House on the State so if necessary, that decision, in the ticians, to say publicly that we made a mistake. of the Union for the further consider- words of Norm Ornstein in a column ation of the bill, H.R. 2799. today in Roll Call, was described as The reason I asked to respond is be- ‘‘just plain stupid.’’ I agree with him. cause I know that each and every one b 1422 of us love this body and recognize that Every Member has as much right to IN THE COMMITTEE OF THE WHOLE be here and to be heard as any other. In we are privileged, if not blessed, to have the opportunity to represent the Accordingly, the House resolved hindsight, calling the Sergeant at itself into the Committee of the Whole Arms for help in the committee room, people of the United States of America. But whether or not it is a Thomas-Ran- House on the State of the Union for the I still believe, was good judgment. My further consideration of the bill (H.R. instruction to use the Capitol Police, if gel dispute, a Republican-Democrat dispute, the only question that we have 2799) making appropriations for the De- necessary, in the library was not. I partments of Commerce, Justice, and learned a very painful lesson on Fri- is that we leave this place in no worse shape than we inherited it. Each Con- State, the Judiciary, and related agen- day. As Members, you deserve better cies for the fiscal year ending Sep- judgment from me, and you will get it. gress tries to improve the quality of ci- vility, the partnership, the working to- tember 30, 2004, and for other purposes, Because of my poor judgment, those with Mr. HASTINGS of Washington in outside the House who want to gether, the mutual respect and saying, as my chairman said, that we all want the chair. trivialize, marginalize, and debase this The Clerk read the title of the bill. institution were given an opportunity a better America, indeed a better world. The CHAIRMAN. When the Com- to do so. Because of my poor judgment, mittee of the Whole rose earlier today, the stewardship of my party as the ma- But we have diversity in this coun- try. It is our biggest strength, and to the amendment by the gentleman from jority party in this House has been un- Michigan (Mr. LEVIN) had been dis- fairly criticized. respect the American people, we have to respect each other. It is not a ques- posed of by a point of order. tion of personality. We cannot afford to SEQUENTIAL VOTES POSTPONED IN COMMITTEE b 1415 be personal about it. There has to be OF THE WHOLE Because of my poor judgment, I be- respect. Yes, the majority has the re- The CHAIRMAN. Pursuant to clause came the focus of examination rather sponsibility to lead and to get their 6 of rule XVIII, proceedings will now than the issues. The visions that each legislation through, but the minority resume on those amendments on which of us have for a better America, dif- has the right to be respected, to be further proceedings were postponed in ferent as though they may be but heard, and to know, in a timely fashion the following order: the amendment of- equally entitled to be heard, were not when that legislation is coming up, to fered by the gentleman from California focused on. know what is in the bill, to have time (Mr. OSE), the amendment offered by It has been said that our strengths and to be able to use not the rules that the gentleman from Indiana (Mr. are our weaknesses. Or as my mother we make up as we go along but the HOSTETTLER), amendment No. 1 offered would have put it, ‘‘When they were rules of civility that allowed this body by the gentleman from New York (Mr. passing out moderation, you were hid- to exist for over 200 years. These were HINCHEY) and the amendment offered ing behind the door.’’ I believe my in- not Republican rules. They were not by the gentleman from Illinois (Mr. tensity has served useful purposes, fix- Democratic rules. They were rules to RUSH). ing problems and passing laws that say, notwithstanding your emotion, The first electronic vote will be con- otherwise may not have made it. But this will guide you for a better Con- ducted as a 15-minute vote. The re- when one is charged and entrusted with gress and a better America. maining electronic votes will be con- responsibilities by you, my colleagues, I hope, Mr. Speaker, that out of this, ducted as 5-minute votes. as I have been, you deserve better. because our parents have always told AMENDMENT OFFERED BY MR. OSE Moderation is required. us that out of the worst day of the The CHAIRMAN. The unfinished For the remainder of my time in this, worst situation, if you commit to it, business is the demand for a recorded the people’s House, I want to rededi- you can find some good to come out of vote on the amendment offered by the cate my efforts to strengthening this it. So do not look at it as being a gentleman from California (Mr. OSE) on institution as the embodiment of what Thomas-Rangel, Committee on Ways which further proceedings were post- is best about us. I need your help and I and Means issue. Let us look at this as poned and on which the ayes prevailed invite it. being a House of Representatives issue. by voice vote. Mr. Speaker, I yield back the balance Let us see whether every committee The Clerk will redesignate the of my time. and every Member can say that in this amendment.

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.054 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7353 The text of the amendment is as fol- Kucinich Nussle Shaw series will be conducted as 5-minute lows: LaHood Oberstar Shays votes. Lampson Obey Sherman Amendment offered by Mr. OSE: Langevin Olver Sherwood AMENDMENT OFFERED BY MR. HOSTETTLER At the end of the bill after the last section Lantos Ortiz Shimkus The CHAIRMAN. The unfinished Larsen (WA) Osborne Shuster (preceding the short title) insert the fol- business is the demand for a recorded lowing new title: Larson (CT) Ose Simmons Latham Otter Simpson vote on the amendment offered by the TITLE VIII—ADDITIONAL GENERAL LaTourette Owens Skelton gentleman from Indiana (Mr. PROVISIONS Leach Oxley Slaughter Lee Pallone HOSTETTLER) on which further pro- SEC. 801. None of the funds made available Smith (MI) Levin Pascrell ceedings were postponed and on which in this Act may be used in violation of sec- Smith (TX) Lewis (CA) Pastor Smith (WA) the ayes prevailed by voice vote. tion 212(a)(10)(C) of the Immigration and Na- Lewis (GA) Paul Snyder The Clerk will redesignate the tionality Act. Lewis (KY) Payne Solis Linder Pelosi amendment. RECORDED VOTE Souder Lipinski Pence Spratt The text of the amendment is as fol- The CHAIRMAN. A recorded vote has LoBiondo Peterson (MN) Stark lows: been demanded. Lofgren Peterson (PA) Stearns A recorded vote was ordered. Lowey Petri Stenholm Amendment offered by Mr. HOSTETTLER: Lucas (KY) Pickering The vote was taken by electronic de- Strickland Insert in an appropriate place the fol- Lucas (OK) Pitts Stupak lowing: vice, and there were—ayes 424, noes 0, Lynch Platts Sweeney SEC. ll. None of the funds appropriated in not voting 10, as follows: Majette Pombo Tancredo Maloney Pomeroy this Act may be used to enforce the judg- [Roll No. 418] Tanner ment of the United States Court of Appeals Manzullo Porter Tauscher AYES—424 Markey Portman Tauzin for the Eleventh Circuit in Glassroth v. Marshall Price (NC) Moore, decided July 1, 2003 or Glassroth v. Abercrombie Cole Gordon Taylor (MS) Matheson Pryce (OH) Taylor (NC) Moore, 229 F. Supp. 2d 1067 (M. D. Ala. 2002). Ackerman Collins Goss Matsui Putnam Terry Aderholt Conyers Granger McCarthy (MO) Quinn RECORDED VOTE Thomas Akin Cooper Graves McCarthy (NY) Radanovich Thompson (CA) The CHAIRMAN. A recorded vote has Alexander Costello Green (TX) McCollum Rahall Thompson (MS) been demanded. Allen Cox Green (WI) McCotter Ramstad Thornberry Andrews Cramer Greenwood McCrery Rangel A recorded vote was ordered. Tiahrt Baca Crane Grijalva McDermott Regula Tiberi The CHAIRMAN. This will be a 5- Bachus Crenshaw Gutierrez McHugh Rehberg Tierney minute vote. Baird Crowley Gutknecht McInnis Renzi Toomey Baker Cubin Hall McIntyre Reyes The vote was taken by electronic de- Towns Baldwin Culberson Harman McKeon Reynolds vice, and there were—ayes 260, noes 161, Turner (OH) Ballance Cummings Harris McNulty Rodriguez not voting 13, as follows: Ballenger Cunningham Hart Meehan Rogers (AL) Turner (TX) Barrett (SC) Davis (AL) Hastings (FL) Meek (FL) Rogers (KY) Udall (CO) [Roll No. 419] Bartlett (MD) Davis (CA) Hastings (WA) Udall (NM) Meeks (NY) Rogers (MI) AYES—260 Barton (TX) Davis (FL) Hayes Menendez Rohrabacher Upton Bass Davis (IL) Hayworth Mica Ros-Lehtinen Van Hollen Aderholt Cubin Hooley (OR) Beauprez Davis, Jo Ann Hefley Michaud Ross Velazquez Akin Culberson Hostettler Becerra Davis, Tom Hensarling Millender- Rothman Visclosky Alexander Cunningham Houghton Bell Deal (GA) Herger McDonald Roybal-Allard Vitter Bachus Davis (TN) Hulshof Bereuter DeFazio Hill Miller (FL) Royce Walden (OR) Baker Davis, Jo Ann Hunter Berman DeGette Hinchey Miller (MI) Ruppersberger Walsh Ballenger Deal (GA) Hyde Berry Delahunt Hinojosa Miller (NC) Rush Wamp Barrett (SC) DeLay Isakson Biggert DeLauro Hobson Miller, Gary Ryan (OH) Waters Bartlett (MD) DeMint Issa Bilirakis DeLay Hoeffel Miller, George Ryan (WI) Watson Barton (TX) Diaz-Balart, L. Istook Bishop (GA) DeMint Hoekstra Mollohan Ryun (KS) Watt Bass Diaz-Balart, M. Janklow Bishop (NY) Deutsch Holden Moore Sabo Waxman Beauprez Doolittle Jenkins Blackburn Diaz-Balart, L. Holt Moran (KS) Sanchez, Linda Weiner Bereuter Doyle John Blumenauer Diaz-Balart, M. Honda Moran (VA) T. Weldon (FL) Berry Duncan Johnson (IL) Blunt Dicks Hooley (OR) Murphy Sanchez, Loretta Weldon (PA) Biggert Dunn Johnson, Sam Boehlert Dingell Hostettler Murtha Sanders Weller Bilirakis Ehlers Jones (NC) Boehner Doggett Houghton Musgrave Sandlin Wexler Bishop (GA) Emerson Kanjorski Bonilla Dooley (CA) Hoyer Myrick Saxton Whitfield Blackburn English Kaptur Bonner Doolittle Hulshof Nadler Schakowsky Wicker Blunt Etheridge Keller Bono Doyle Hunter Napolitano Schiff Wilson (NM) Boehlert Everett Kelly Boozman Dreier Hyde Neal (MA) Schrock Wilson (SC) Boehner Feeney Kennedy (MN) Boswell Duncan Inslee Nethercutt Scott (GA) Wolf Bonilla Flake King (IA) Boucher Dunn Isakson Neugebauer Scott (VA) Woolsey Bonner Fletcher King (NY) Boyd Edwards Israel Ney Sensenbrenner Wu Bono Foley Kingston Bradley (NH) Ehlers Issa Northup Serrano Wynn Boozman Forbes Kirk Brady (PA) Emanuel Istook Norwood Sessions Young (AK) Boswell Fossella Kline Brady (TX) Emerson Jackson (IL) Nunes Shadegg Young (FL) Boyd Franks (AZ) Knollenberg Brown (OH) Engel Jackson-Lee Bradley (NH) Frelinghuysen Kolbe Brown (SC) English (TX) NOT VOTING—10 Brady (TX) Gallegly LaHood Brown, Corrine Eshoo Janklow Berkley Ford Smith (NJ) Brown (SC) Garrett (NJ) Langevin Brown-Waite, Etheridge Jefferson Bishop (UT) Gephardt Sullivan Brown-Waite, Gibbons Latham Ginny Evans Jenkins Davis (TN) McGovern Ginny Gilchrest LaTourette Burgess Everett John Ferguson Pearce Burgess Gillmor Leach Burns Farr Johnson (CT) Burns Gingrey Lewis (KY) Burr Fattah Johnson (IL) ANNOUNCEMENT BY THE CHAIRMAN Burr Goode Linder Burton (IN) Feeney Johnson, E. B. The CHAIRMAN (during the vote). Burton (IN) Goodlatte Lipinski Buyer Filner Johnson, Sam Members are advised 2 minutes remain Buyer Gordon LoBiondo Calvert Flake Jones (NC) Calvert Goss Lucas (KY) Camp Fletcher Jones (OH) in this vote. Camp Granger Lucas (OK) Cannon Foley Kanjorski Cannon Graves Lynch Cantor Forbes Kaptur b 1441 Cantor Green (TX) Manzullo Capito Fossella Keller Mr. FILNER changed his vote from Capito Green (WI) Marshall Capps Frank (MA) Kelly ‘‘no’’ to ‘‘aye.’’ Cardoza Gutknecht Matheson Capuano Franks (AZ) Kennedy (MN) Carson (IN) Hall McCotter Cardin Frelinghuysen Kennedy (RI) So the amendment was agreed to. Carson (OK) Harris McCrery Cardoza Frost Kildee The result of the vote was announced Carter Hart McHugh Carson (IN) Gallegly Kilpatrick as above recorded. Chabot Hastings (WA) McInnis Carson (OK) Garrett (NJ) Kind Stated for: Chocola Hayes McIntyre Carter Gerlach King (IA) Coble Hayworth McKeon Case Gibbons King (NY) Mr. DAVIS of Tennessee. Mr. Chairman, on Cole Hefley Mica Castle Gilchrest Kingston rollcall No. 418, I was unavoidably detained. Collins Hensarling Miller (FL) Chabot Gillmor Kirk Had I been present, I would have voted ‘‘aye.’’ Costello Herger Miller (MI) Chocola Gingrey Kleczka ANNOUNCEMENT BY THE CHAIRMAN Cox Hill Miller, Gary Clay Gonzalez Kline Cramer Hobson Mollohan Clyburn Goode Knollenberg The CHAIRMAN. Pursuant to clause Crane Hoekstra Moore Coble Goodlatte Kolbe 6 of rule XVIII, the remainder of this Crenshaw Holden Moran (KS)

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.058 H23PT1 H7354 CONGRESSIONAL RECORD — HOUSE July 23, 2003

Murphy Rehberg Stenholm ANNOUNCEMENT BY THE CHAIRMAN Ryan (OH) Slaughter Udall (CO) Murtha Renzi Stupak The CHAIRMAN (during the vote.) Sabo Smith (WA) Udall (NM) Musgrave Reynolds Sweeney Sanchez, Linda Solis Van Hollen Myrick Rodriguez Tancredo Members are reminded there are 2 min- T. Stark Velazquez Nethercutt Rogers (AL) Tanner utes remaining in this vote. Sanchez, Loretta Strickland Waters Neugebauer Rogers (KY) Tauzin Sanders Stupak Watson Ney Rogers (MI) Taylor (MS) b 1449 Schakowsky Tancredo Watt Northup Rohrabacher Taylor (NC) Schiff Tauscher Waxman Norwood Ros-Lehtinen Terry Mr. OTTER and Mr. OXLEY changed Scott (GA) Thomas Weiner Scott (VA) Thompson (CA) Nunes Ross Thomas their vote from ‘‘aye’’ to ‘‘no.’’ Wexler Serrano Thompson (MS) Nussle Royce Thornberry So the amendment was agreed to. Woolsey Sherman Tierney Ortiz Ruppersberger Tiahrt Wynn The result of the vote was announced Simpson Towns Osborne Ryan (WI) Tiberi as above recorded. Ose Ryun (KS) Toomey NOES—273 Owens Sandlin Turner (OH) AMENDMENT NO. 1 OFFERED BY MR. HINCHEY Paul Saxton Turner (TX) The CHAIRMAN. The unfinished Aderholt Feeney McInnis Pence Schrock Upton business is the demand for a recorded Akin Fletcher McIntyre Peterson (MN) Scott (GA) Visclosky Alexander Foley McKeon Peterson (PA) Sensenbrenner Vitter vote on the amendment offered by the Baca Forbes McNulty Petri Sessions Walden (OR) gentleman from New York (Mr. HIN- Bachus Fossella Menendez Pickering Shadegg Walsh CHEY) on which further proceedings Baker Franks (AZ) Mica Ballenger Frelinghuysen Miller (FL) Pitts Shaw Wamp were postponed and on which the noes Barrett (SC) Frost Miller (MI) Platts Sherwood Weldon (FL) prevailed by voice vote. Bartlett (MD) Gallegly Miller (NC) Pombo Shimkus Weldon (PA) The Clerk will redesignate the Barton (TX) Gerlach Miller, Gary Pomeroy Shuster Weller Bass Gibbons Mollohan Porter Simmons Whitfield amendment. Bell Gillmor Moore Portman Skelton Wicker The text of the amendment is as fol- Berry Gingrey Moran (KS) Putnam Smith (MI) Wilson (NM) lows: Biggert Goode Murphy Quinn Smith (NJ) Wilson (SC) Bilirakis Goodlatte Musgrave Rahall Smith (TX) Wynn Amendment No. 1 Offered by Mr. HINCHEY: Blackburn Gordon Myrick Ramstad Souder Young (AK) At the end of the bill (before the short Blunt Goss Nethercutt Regula Stearns Young (FL) title), insert the following: Boehlert Granger Ney TITLE VIII—ADDITIONAL GENERAL Boehner Graves Northup NOES—161 PROVISIONS Bonilla Green (TX) Norwood Bonner Green (WI) Nunes Abercrombie Grijalva Napolitano SEC. 801. None of the funds made available Boozman Greenwood Nussle Ackerman Gutierrez Neal (MA) in this Act to the Department of Justice Boswell Gutknecht Ortiz Allen Harman Oberstar may be used to prevent the States of Alaska, Boucher Hall Osborne Andrews Hastings (FL) Olver Arizona, California, Colorado, Hawaii, Boyd Harris Ose Baca Hinchey Otter Maine, Maryland, Nevada, Oregon, or Wash- Bradley (NH) Hart Oxley Baird Hinojosa Oxley Brady (TX) Hastings (WA) Pallone Baldwin Hoeffel Pallone ington from implementing State laws au- Brown (SC) Hayes Pence Ballance Holt Pascrell thorizing the use of medical marijuana in Brown-Waite, Hayworth Peterson (MN) Becerra Honda Pastor those States. Ginny Hefley Peterson (PA) Bell Hoyer Payne RECORDED VOTE Burgess Hensarling Petri Berman Inslee Price (NC) Burns Herger Pickering Bishop (NY) Israel Pryce (OH) The CHAIRMAN. A recorded vote has Burr Hill Pitts Blumenauer Jackson (IL) Rangel been demanded. Burton (IN) Hinojosa Platts Boucher Jackson-Lee Reyes A recorded vote was ordered. Buyer Hobson Pombo (TX) Brady (PA) Rothman The CHAIRMAN. This will be a 5- Calvert Hoeffel Pomeroy Brown (OH) Jefferson Roybal-Allard Camp Hoekstra Portman Brown, Corrine Johnson (CT) Rush minute vote. Cannon Holden Pryce (OH) Capps Johnson, E. B. Ryan (OH) The vote was taken by electronic de- Cantor Hostettler Putnam Capuano Jones (OH) Sabo vice, and there were—ayes 152, noes 273, Capito Houghton Quinn Cardin Kennedy (RI) Cardin Hoyer Radanovich Sanchez, Linda not voting 9, as follows: Case Kildee T. Cardoza Hulshof Ramstad Castle Kilpatrick Sanchez, Loretta [Roll No. 420] Carson (OK) Hunter Regula Kind Carter Hyde Rehberg Clay Sanders AYES—152 Conyers Kleczka Castle Isakson Renzi Schakowsky Cooper Kucinich Abercrombie Fattah Majette Chabot Issa Reyes Schiff Crowley Lampson Ackerman Filner Maloney Chocola Istook Reynolds Scott (VA) Cummings Lantos Allen Flake Markey Clyburn Janklow Rogers (AL) Serrano Davis (AL) Larsen (WA) Andrews Frank (MA) Matsui Coble Jenkins Rogers (KY) Shays Davis (CA) Larson (CT) Baird Garrett (NJ) McCarthy (MO) Cole John Rogers (MI) Sherman Davis (FL) Lee Baldwin Gilchrest McCarthy (NY) Collins Johnson, Sam Ros-Lehtinen Simpson Davis (IL) Levin Ballance Gonzalez McCollum Cooper Jones (NC) Ross Slaughter Davis, Tom Lewis (CA) Beauprez Grijalva McDermott Costello Keller Rothman Smith (WA) DeFazio Lewis (GA) Becerra Gutierrez McGovern Cox Kelly Royce Snyder DeGette Lofgren Bereuter Harman Meehan Cramer Kennedy (MN) Ryan (WI) Solis Delahunt Lowey Berman Hastings (FL) Meek (FL) Crane Kildee Ryun (KS) DeLauro Majette Spratt Bishop (GA) Hinchey Meeks (NY) Crenshaw King (IA) Sandlin Deutsch Maloney Stark Bishop (NY) Holt Michaud Cubin King (NY) Saxton Dicks Markey Strickland Blumenauer Honda Millender- Culberson Kingston Schrock Dingell Matsui Tauscher Bono Hooley (OR) McDonald Cummings Kirk Sensenbrenner Doggett McCarthy (MO) Thompson (CA) Brady (PA) Inslee Moran (VA) Cunningham Kline Sessions Dooley (CA) McCarthy (NY) Thompson (MS) Brown (OH) Israel Murtha Davis (AL) Knollenberg Shadegg Dreier McCollum Towns Brown, Corrine Jackson (IL) Nadler Davis (FL) Kolbe Shaw Edwards McDermott Udall (CO) Capps Jackson-Lee Napolitano Davis (TN) LaHood Shays Emanuel McGovern Udall (NM) Capuano (TX) Neal (MA) Davis, Jo Ann Lampson Sherwood Engel McNulty Van Hollen Carson (IN) Jefferson Oberstar Davis, Tom Langevin Shimkus Eshoo Meehan Velazquez Case Johnson (CT) Obey Deal (GA) Latham Shuster Evans Meeks (NY) Waters Clay Johnson (IL) Olver DeLay LaTourette Simmons Farr Menendez Watson Conyers Johnson, E. B. Otter DeMint Leach Skelton Fattah Michaud Watt Crowley Jones (OH) Owens Diaz-Balart, L. Levin Smith (MI) Filner Millender- Waxman Davis (CA) Kanjorski Pascrell Diaz-Balart, M. Lewis (CA) Smith (NJ) Frank (MA) McDonald Weiner Davis (IL) Kaptur Pastor Dingell Lewis (KY) Smith (TX) Frost Miller (NC) Wexler DeFazio Kennedy (RI) Paul Doolittle Linder Snyder Gerlach Miller, George Wolf DeGette Kilpatrick Payne Dreier Lipinski Souder Gonzalez Moran (VA) Woolsey Delahunt Kind Pelosi Duncan LoBiondo Spratt Greenwood Nadler Wu DeLauro Kleczka Porter Dunn Lucas (KY) Stearns Deutsch Kucinich Price (NC) Edwards Lucas (OK) Stenholm NOT VOTING—13 Dicks Lantos Rahall Ehlers Lynch Sweeney Doggett Larsen (WA) Rangel Emanuel Manzullo Tanner Berkley Gephardt Radanovich Dooley (CA) Larson (CT) Rodriguez Emerson Marshall Tauzin Bishop (UT) Meek (FL) Sullivan Doyle Lee Rohrabacher English Matheson Taylor (MS) Clyburn Obey Tierney Engel Lewis (GA) Roybal-Allard Etheridge McCotter Taylor (NC) Ferguson Pearce Eshoo Lofgren Ruppersberger Evans McCrery Terry Ford Pelosi Farr Lowey Rush Everett McHugh Thornberry

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.019 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7355 Tiahrt Walden (OR) Wilson (NM) Velazquez Watson Waxman Sherman Tancredo Visclosky Tiberi Walsh Wilson (SC) Waters Watt Woolsey Sherwood Tanner Vitter Toomey Wamp Wolf Shimkus Tauscher Walden (OR) Turner (OH) Weldon (FL) Wu NOES—339 Shuster Tauzin Walsh Turner (TX) Weldon (PA) Young (AK) Simmons Taylor (MS) Wamp Ackerman Emanuel Linder Upton Weller Young (FL) Simpson Taylor (NC) Weiner Visclosky Whitfield Aderholt Emerson Lipinski Skelton Terry Weldon (FL) Vitter Wicker Akin English LoBiondo Slaughter Thomas Weldon (PA) Alexander Etheridge Lofgren Smith (MI) Thompson (CA) Weller NOT VOTING—9 Andrews Evans Lucas (KY) Smith (TX) Thompson (MS) Wexler Baca Everett Lucas (OK) Berkley Ford Neugebauer Smith (WA) Thornberry Whitfield Bachus Feeney Lynch Bishop (UT) Gephardt Pearce Snyder Tiahrt Wicker Baird Flake Manzullo Ferguson Miller, George Sullivan Souder Tiberi Wilson (NM) Baker Fletcher Marshall Spratt Toomey Wilson (SC) ANNOUNCEMENT BY THE CHAIRMAN Ballance Foley Matheson Stearns Turner (OH) Wolf Ballenger Forbes Matsui The CHAIRMAN (during the vote). Stenholm Turner (TX) Wu Barrett (SC) Fossella McCotter Strickland Udall (CO) Wynn Members are reminded there are 2 min- Barton (TX) Franks (AZ) McCrery Stupak Udall (NM) Young (AK) utes remaining in this vote. Bass Frelinghuysen McHugh Sweeney Upton Young (FL) Beauprez Frost McInnis Becerra Gallegly McIntyre NOT VOTING—10 b 1456 Bell Garrett (NJ) McKeon Berkley Ford Rogers (MI) Bereuter Gerlach Meehan Bishop (UT) Gephardt Sullivan Mr. THOMAS changed his vote from Berry Gibbons Meek (FL) Calvert Gingrey ‘‘no’’ to ‘‘aye.’’ Biggert Gilchrest Menendez Ferguson King (IA) So the amendment was rejected. Bilirakis Gillmor Mica Bishop (GA) Gonzalez Millender- ANNOUNCEMENT BY THE CHAIRMAN The result of the vote was announced Bishop (NY) Goode McDonald The CHAIRMAN (during the vote). as above recorded. Blackburn Goodlatte Miller (FL) Blumenauer Gordon Miller (MI) Members are advised that 2 minutes re- AMENDMENT OFFERED BY MR. RUSH Blunt Goss Miller (NC) main in this vote. The CHAIRMAN. The unfinished Boehlert Granger Miller, Gary 1504 business is the demand for a recorded Boehner Graves Moore b Bonilla Green (TX) Moran (KS) vote on the amendment offered by the Bonner Green (WI) Moran (VA) Mr. OBEY and Mr. ENGEL changed gentleman from Illinois (Mr. RUSH) on Bono Greenwood Murphy their votes from ‘‘no’’ to ‘‘aye.’’ which further proceedings were post- Boozman Gutknecht Murtha So the amendment was rejected. Boswell Hall Musgrave The result of the vote was announced poned and on which the noes prevailed Boucher Harman Myrick by voice vote. Boyd Harris Neal (MA) as above recorded. The Clerk will redesignate the Bradley (NH) Hart Nethercutt The CHAIRMAN. There being no fur- amendment. Brady (TX) Hastings (WA) Neugebauer ther amendments, the Clerk will read Brown (SC) Hayes Ney the last lines of the bill. The text of the amendment is as fol- Brown, Corrine Hayworth Northup lows: Brown-Waite, Hefley Norwood The Clerk read as follows: Ginny Hensarling Nunes This Act may be cited as the ‘‘Depart- Amendment offered by Mr. RUSH: Burgess Herger Nussle At the end of the bill (before the short ments of Commerce, Justice, and State, the Burns Hill Ortiz Judiciary, and Related Agencies Appropria- title), insert the following: Burr Hinojosa Osborne tions Act, 2004’’. TITLE VIII—ADDITIONAL GENERAL Burton (IN) Hobson Ose Buyer Hoeffel Otter PROVISIONS Mr. REYES. Mr. Chairman, I rise in support Camp Hoekstra Oxley of H.R. 2799, the bill providing appropriations SEC. ll. None of the funds made available Cannon Holden Pallone in this Act may be used for the sentencing Cantor Honda Pascrell for the Department of Commerce, Justice, phase of any Federal prosecution in which Capito Hooley (OR) Pastor State and the Judiciary. the penalty of death is sought by the United Cardin Hostettler Paul As you know, Mr. Chairman, I represent a Cardoza Houghton Pearce States. Carson (OK) Hoyer Pence district that lies along the U.S.-Mexico border. RECORDED VOTE Carter Hulshof Peterson (MN) For many years, the region along the 2,000 The CHAIRMAN. A recorded vote has Case Hunter Peterson (PA) mile stretch of our southern border was ig- Castle Hyde Petri nored. The bill before us today, will make tre- been demanded. Chabot Inslee Pickering A recorded vote was ordered. Chocola Isakson Pitts mendous strides to recognize the need for in- The CHAIRMAN. This will be a 5- Clyburn Israel Platts creased resources along the southwest bor- Coble Issa Pombo der. minute vote. Cole Istook Pomeroy The vote was taken by electronic de- Collins Jackson-Lee Porter This bill includes 168 additional positions for vice, and there were—ayes 85, noes 339, Cooper (TX) Portman the United States Marshals Service for areas not voting 10, as follows: Costello Janklow Price (NC) of high priority need and specifically recog- Cox Jefferson Pryce (OH) nizes that the southwest border is such an [Roll No. 421] Cramer Jenkins Putnam Crane John Quinn area. AYES—85 Crenshaw Johnson (CT) Radanovich My district of El Paso lies within the West- Abercrombie Hinchey Napolitano Crowley Johnson (IL) Ramstad ern District of Texas. This judicial district has Allen Holt Oberstar Cubin Johnson, E. B. Regula Baldwin Jackson (IL) Obey Culberson Johnson, Sam Rehberg been one of the greatest increases of criminal Bartlett (MD) Kennedy (RI) Olver Cunningham Jones (NC) Renzi caseloads over the last decade. The majority Berman Kildee Owens Davis (AL) Jones (OH) Reyes of these cases are being heard in the El Paso Brady (PA) Kilpatrick Payne Davis (CA) Kanjorski Reynolds Division of the Western District. The number Brown (OH) Kleczka Davis (FL) Kaptur Rodriguez Pelosi of federal criminal cases filed in El Paso Capps Kucinich Rahall Davis (TN) Keller Rogers (AL) Capuano Langevin Rangel Davis, Jo Ann Kelly Rogers (KY) County has increased from 443 to 2,192 Carson (IN) Lee Roybal-Allard Davis, Tom Kennedy (MN) Rohrabacher cases since 1994. Last year, the El Paso Divi- Clay Levin Rush Deal (GA) Kind Ros-Lehtinen Conyers Lewis (GA) DeFazio King (NY) Ross sion received its second federal judge. Pend- Ryan (OH) Cummings Lowey DeLauro Kingston Rothman ing Senate confirmation this year, the El Paso Sabo Davis (IL) Majette DeLay Kirk Royce Sanchez, Linda Division will have a total of four federal judges. DeGette Maloney DeMint Kline Ruppersberger T. Mr. Chairman, needless to say, our case Delahunt Markey Deutsch Knollenberg Ryan (WI) Doyle McCarthy (MO) Sanders Diaz-Balart, L. Kolbe Ryun (KS) backlog is being addressed and more of our Ehlers McCarthy (NY) Schakowsky Diaz-Balart, M. LaHood Sanchez, Loretta cases will be heard. This increase of work for Engel McCollum Scott (GA) Dicks Lampson Sandlin our judges, in turn, means more work for our Eshoo McDermott Scott (VA) Dingell Lantos Saxton Farr McGovern Serrano Doggett Larsen (WA) Schiff Marshals Service. Currently, our Marshals are Fattah McNulty Smith (NJ) Dooley (CA) Larson (CT) Schrock reporting inoperable work load levels in the Filner Meeks (NY) Solis Doolittle Latham Sensenbrenner southwest border districts. As you know, our Frank (MA) Michaud Stark Dreier LaTourette Sessions Marshals are responsible for providing protec- Grijalva Miller, George Tierney Duncan Leach Shadegg Gutierrez Mollohan Towns Dunn Lewis (CA) Shaw tion for the federal judiciary, transporting fed- Hastings (FL) Nadler Van Hollen Edwards Lewis (KY) Shays eral prisoners, protecting endangered federal

VerDate jul 14 2003 01:29 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JY7.021 H23PT1 H7356 CONGRESSIONAL RECORD — HOUSE July 23, 2003 witnesses and managing assets seized from requiring a physical inventory of any firearms making women 7.5 percent of the prison popu- criminal enterprises. This bill would provide business licensed under federal law, or to lation. The rates of infection for HIV and AIDS much needed relief for our United States Mar- deny licenses to dealers because of low sales in women exceed the rate of infection for men shals Service along the southwest border volume. This language was added in sub- in prison with the number of infected women communities. committee with the adoption of an amendment increasing by more than 88 percent since This bill also provides an increase of appro- backed by the National Rifle Association 1991. Amnesty International USA released a priations for the State Criminal Alien Assist- (NRA). The NRA has opposed any meaningful report in 1999 revealing that gynecological ance Program (SCAAP) from $250 million to additions to gun safety legislation because services, in general, for women in prisons $400 million. SCAAP is vital to communities all they believe we aren’t enforcing the laws that were inadequate and of poor quality. Many across the country. This program has been already exist. Now they are making it impos- women prisoners are victims of physical or dodging the President’s ax for the last couple sible to enforce these laws by cutting back on sexual abuse and vulnerable to sexual abuse of years. The President has proposed to elimi- the scope of the funding, placing restrictions or misconduct by correctional officers. nate this program in his last two budget pro- on what can be done, and taking the already Now imagine a women in prison being in posals. Mr. Chairman there is at least one ju- weak and porous gun safety legislation and those conditions, with those circumstances risdiction in every state and territory that re- rendering it almost meaningless. Every indi- being isolated from family and friends, not ceives SCAAP funding. Last year, SCAAP ap- vidual has the right to freedom from the threat earning meaningful compensation from prison propriations were cut by over 50 percent. Al- of gun violence. Yet, gun violence continues to jobs, and being pregnant knowing she will re- though not nearly enough to fully reimburse be an epidemic of enormous proportions year ceive poor prenatal care, the loss of custody our states and localities, the increase for this after year. In 2000, there were 28,663 gun upon the birth, and without the ability to make program is a step in the right direction. deaths in the United States, 10,801 of which a decision on her reproductive rights. These El Paso County relies on SCAAP funds to were homicides. These numbers are dras- women are completely dependent on the assist in detaining federal criminals. Without tically larger than those of any other devel- health care services provided by the Bureau of these funds, El Paso County would be forced oped nation. Clearly we are not doing enough Prisons. This ban prevents them from seeking to tap into other over-stretched resources. to protect our citizens from gun violence. needed reproductive health care and prohibits These resources are generated by local reve- This bill seriously weakens the reporting and them from having a reproductive choice. nues and are being used to provide for this licensing laws for gun dealers. Under current Mr. VAN HOLLEN. Mr. Chairman, it is with otherwise federal responsibility. I support this law it is already too easy for a convicted felon great reluctance that I oppose this bill. How- provision in the bill before us, and I will con- to purchase a weapon with the aid of a com- ever, I cannot support a bill that makes such tinue to work with my colleagues to see that panion. Registration and licensing require- deep cuts in investments important to our na- SCAAP is adequately funded in the future. ments are strong tools to keep our cities safe. tion. I would like to thank my friends and col- In Massachusetts, a state which requires both Mr. Chairman, among the many egregious leagues, the Chairman, Mr. WOLF, and the registration and licensing, 69 percent of guns cuts in this bill, this Commerce-Justice-State Ranking Member, Mr. SERRANO, for their work used to commit crimes were purchased out of Appropriations bill for 2004 decreases funding on this bill. I urge my colleagues to support state. In states which have neither licensing for two critical agencies—the National Oceanic the passage of this bill. nor registration requirements, 89 percent of and Atmospheric Administration, NOAA, and Mr. BLUMENAUER. Mr. Chairman, while guns used in crimes are purchased in-state. the National Institute of Standards and Tech- overall funding has increased from fiscal year Gun registration and licensing is a patchwork, nology, NIST. 2003, I hope that we can address some key state by state system of gun-control which al- The bill appropriates 6 percent less, or $181 issues before this bill comes back from con- lows criminals access to legitimately pur- million, than the current fiscal year for NOAA ference for approval. One program that was chased guns. This bill will weaken already in- programs, and is even 8 percent less than the particularly hard hit this year is the Public sufficient gun safety laws, putting the citizens President’s request for 2004. Telecommunications Facilities Program of our nation in harm’s way. The bill also funds several distinct programs (PTFP). The funding level this year is $32.5 While I am concerned with the funding level within NOAA, which will also suffer serious million—less than half of last year’s appropria- of the PTFP and the language included re- cuts. The National Weather Service, while re- tion of $73.3 million. As the founding Chair of garding BATF licensing of firearms dealers, I ceiving a small 3 percent increase over the the Congressional Public Broadcasting Cau- vote in support of this bill to move the appro- current fiscal year, will actually receive $24 cus, I have seen first hand how vital the PTFP priations process forward. I call on the con- million below the President’s request. The Na- program is to communities across the country. ference committee to work to address these tional Ocean Service will receive 16 percent Every public television station in America has shortfalls before reporting the bill back for final less than the current fiscal year. The National been issued a mandate to be on the air with approval. Marine Fisheries Service will suffer a 19 per- a digital signal. The enormous costs of the Mr. DAVIS of Illinois. Mr. Chairman, I rise cent cut. Funding for programs in Oceanic & conversion from analog transmission to digital today in opposition to the violation imposed on Atmospheric Research will decrease by 18 transmission, estimated at $1.7 billion, are women prisoners’ right to reproductive choice. percent. Finally, funding for the National Envi- simply too much for the system to bear alone. Abortion has been legal in this country for ronmental Satellite Service will decrease by $3 If we are to ensure that our local communities more than thirty years. Roe v. Wade did not million. continue to receive the rich educational, cul- lay out specifics that only white women or Mr. Chairman, these are programs that tural and informational programs and services black women could get an abortion, that only serve the public good in a variety of important offered by local public television stations, we the rich or the poor could have this health ways. They help advance America’s com- must provide them some financial assistance. care service or that is to be taken away if a merce, promote environmental protection, pre- Local stations are working with state and pri- woman is imprisoned. serve our fisheries and other natural re- vate funders, and a federal commitment of In 1993, Congress lifted the six year funding sources, and protect lives by monitoring the matching funds would greatly enhance their restriction that had prohibited the use of fed- weather. We are doing a great disservice to success. In fact, much of the state funding is eral funds to provide abortion services to the American people by slashing these pro- contingent upon a federal match, and many women in federal prison. After the restrictions grams. state budget constraints limit public broad- were lifted, the Bureau of Prisons required Cuts to the National Institute of Standards & casting funding to well below the need. medical, religious or social counseling ses- Technology, NIST, are just as troubling. This The language in the bill regarding the Bu- sions for women seeking these services. The appropriations bill provides a staggering 35 reau of Alcohol, Tobacco, Firearms and Explo- Bureau even took the steps to respect others percent less than the current fiscal year. This sives (BATF) licensing of firearms dealers is views by not requiring the participation of any is a terrible blow to scientific research—the clearly destructive. This bill specifies that staff personnel that personally did not agree key to our future if we are to compete in the BATF could request transaction records from with reproductive choice. Yet in 1995, the global marketplace. gun retailers only if the request was part of a funding restriction was put back in place and For example, this bill provides no funds for criminal investigation to determine the disposi- once again, women prisoners were denied the Advanced Technology Program started by tion of a firearm that is the subject of the in- their reproductive choice. the Clinton administration to assist the devel- vestigation, or to identify an individual offender All the cards are stacked against women in opment and utilization of new technologies by who is the subject or target of the investiga- prison. In the last decade, the number of the private sector. This could result in a reduc- tion. The measure prohibits the use of funds women in federal prison has increased by 182 tion-in-force of as many as 250 NIST per- in the bill to implement or promulgate any rule percent, compared to 152 percent for men, sonnel from a program that works well.

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JY7.031 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7357 In fact, the net impact of this bill could be cause an estimated 190 Colorado scientists to ‘‘It is one thing to make government lean- a reduction-in-force of up to 300 people, lose their jobs. er; it is another thing to cut jobs year in and roughly 10 percent of the NIST staff. Cost-of- About $14 million in cuts to the National year out at facilities all over the country,’’ Oceanic and Atmospheric Administration Udall, D-Colo., said in a statement. living adjustments are not fully funded in this projects in Colorado, and additional cuts to Camden Hubbard, spokeswoman U.S. Sen. bill, forcing other programs within NIST to ab- the National Institute of Standards and Ben Nighthorse Campbell, R-Colo., warned sorb $6.8 million in costs. This could well re- Technology, were contained in an appropria- that is still early in the process. The Senate sult in the loss of 50 NIST personnel through tions bill being considered by the House of has yet to take on this issue. attrition or reductions-in-force. Representatives late Tuesday. ‘‘Money is very tight and (Sen. Campbell’s) For my constituents, these are devastating If approved as expected, they still must be going to be looking into this situation to see cuts. But these cuts are just as significant to considered by the U.S. Senate. if these cuts are a good idea or a bad idea,’’ the American people outside my area because ‘‘Obviously, it has me gravely concerned,’’ Hubbard said. The proposed cuts would come on top of $7 these cuts in scientific research will curtail said Susan Avery, director of the University of Colorado Cooperative Institute for Re- million in cuts NOAA and other labs endured NIST’s ability to address America’s national search in the Environmental Sciences. this year. priorities. ‘‘These are cuts that could be very detri- ‘‘Very important weather and climate re- This bill does not fully fund the majority of mental to our research programs.’’ search would have to be terminated,’’ said NIST’s proposed initiatives. In some cases, The cuts are contained in a $38.6 billion ap- Alexander MacDonald, director of NOAA’s funding is completely wiped. Delays or under- propriations package for the Commerce, Jus- forecast systems laboratory. investment in measurement science now will tice and State departments and the federal NOAA’s Space Environment Center is fac- have significant future impact—delaying the judiciary. ing about $3 million in cuts for 2004. The lab commercialization of emerging technologies. The bill would cut $3 million from the provides forecasts of solar storms for NASA, Space Environment Center in Boulder and commercial aviation, the military and power The House Committee’s allowance for NIST’s companies. efforts related to development of the stand- $6.7 million from climate and global change programs. Meanwhile, the bill would elimi- Severe weather forecasts, long-term and ards, technology, and practices needed for the nate a $4.5 million line item meant to cover seasonal climate changes also would suffer, cost-effective safety and security of buildings rent on NOAA facilities in Boulder, meaning MacDonald said. Similar to this year’s cuts, and technical support of fire fighting commu- those expenses would have to come out of this round also withholds a $4.5 million ap- nities, including emergency response, is less other programs, such as research funds. propriation for rent at NOAA. than half of what is required. As a result, the NIST would lose about 300 jobs nationwide, The Cooperative Institute for Research in standards and measurements support for up- including about 60 in Boulder, said Rep- Environmental Sciences—a partnership be- resentative Mark Udall, a Boulder Democrat, tween the University of Colorado and grading the capabilities of the Nation’s fire NOAA—and other labs affiliated with NOAA fighters and the emergency response commu- who tried unsuccessfully to reserve the cuts on the House floor. stand to lose an estimated $6.7 million, said nities will be significantly delayed. In addition, ‘‘It is one thing to make government lean- agency Interim Director Koni Steffen. the shortfall in nanotechnology funding will er. It is another thing to cut jobs year in and ‘‘It’s not something where you can just do delay NIST’s critical contributions to the Na- year out at facilities all over the country,’’ less science—you have to lay off people,’’ tional Nanotechnology Initiative. Udall said in a release. Steffen said. ‘‘Our reputation certainly is at This bill also does not provide the full fund- Avery said the cuts would affect research stake here.’’ ing requested to equip and maintain the new at both the University of Colorado and Colo- FEDS TO CUT RESEARCH DOLLARS Advanced Measurement Laboratory (AML). rado State University, including climate Lack of funding for the proper maintenance modeling programs and research into weath- (By Sarah-Jane Wilton) and operation of the building and the equip- er phenomenon such as El Nin˜ o and La Nin˜ a. Officials at the University of Colorado ‘‘Unless the bill is greatly improved in a Boulder campus Tuesday called for action ment necessary to realize the capabilities of House-Senate conference committee, it will from the U.S. Senate to prevent massive cuts the AML will severely hamper NIST’s ability to continue a pattern of bleeding these agencies in federal funding for research labs across provide industry and science with the ever dry,’’ Udall said. the state, many of which have strong ties more accurate and demanding measurements If approved by the House, the bill would with the university. and standards needed to support advances in move to the Senate, where state researchers The U.S. Congress was scheduled to vote nanotechnology, biotechnology, information hope the cuts will be reversed by Sen. Ben on the Commerce, Justice and State appro- technology, advanced materials, new manu- Nighthorse Campbell, an Ignacio Republican priations bill for the 2004 fiscal year Tuesday facturing technology, and other key growth and a member of the Appropriations Com- evening, which could see $14 million cut from areas. To construct this world-class facility, mittee. the National Oceanic and Atmospheric Ad- ‘‘Senator Campbell has a lot in his hands ministration (NOAA) labs and from the Na- and then to short-change its maintenance, op- right now because he could do it,’’ Avery tional Institutes of Standards and Tech- eration, and equipment needs is inconsistent said. ‘‘He could make it happen. A lot rides nology (NIST). with the $235 million investment made in the on him.’’ NOAA provides $6.7 million in crucial fund- construction of the AML. Camden Hubbard, a spokeswoman for ing for the Colorado Cooperative Institute Mr. Chairman, some of these programs may Campbell, said his office is researching the for Research in the Environmental Sciences seem mundane to many of us in this chamber. issue. (CIRES), the University Corporation for At- But these are crucial scientific programs that ‘‘He needs to look into it and see exactly mospheric Research (UCAR), and the Na- will have long-range benefits for all Americans. what is being cut and make a decision ac- tional Center for Atmospheric Research Mr. Chairman, we need to ask: are we really cordingly,’’ Hubbard said. ‘‘I have to tell (NCAR). CU could be one of 40 leading research uni- helping the American people by slashing these you, money is really tight this year . . . he will see what he can do.’’ versities with research projects funded by programs? The answer, clearly, is no. These NOAA facing cuts. cuts are the price we must pay for an ill-con- [From the Boulder Daily Camera, July 23, According to Lawrence Pacheco, spokes- ceived budget and tax policy. 2003] man for Congressman Mark Udall, explained Mr. Chairman, I hope to be able to support SCIENCE COMMUNITY FACES CUTS that $4.5 million of NOAA’s funding is used covering the organization’s rent. this bill when it emerges from Conference. I (By Kate Larsen) am grateful to the Ranking Member of the Pacheco said, ‘‘130 people will lose their The U.S. House of Representatives ap- jobs . . . from NOAA alone. Not only can they Subcommittee, Mr. SERRANO, for agreeing to proved federal budget cuts Tuesday that (cut the funding), they are doing it.’’ work with me to address the concerns I have could cost Boulder’s science community $14 Pacheco said that Udall has been working expressed. million and nearly 200 jobs, U.S. Rep. Mark with the research community to try to re- Mr. UDALL of Colorado. Mr. Chairman, the Udall’s staff said. store the funding. serious effects this bill will have on my district The 2004 House Commerce, Justice and Associate Vice Chancellor for Research at and on the nation are explained in news sto- State spending bill includes large cuts—for the Boulder campus, Carol Lynch, said that ries from several Colorado newspapers, which the second consecutive year—to Boulder’s CU-Boulder would be impacted more directly I am including for the interest of my col- National Oceanic and Atmospheric Adminis- by the cuts to NOAA than those to NIST, leagues. tration and many labs connected to it. The both of which have intimate relations with bill reflects a radical difference in the sug- two of CU-Boulder institutes, CIRES and [From the Rocky Mountain News, July 23, gested appropriation from President Bush. JILA. 2003] If the Senate passes a similar bill, and the ‘‘If NOAA is cut, it would maybe not de- COLORADO SCIENCE JOBS ON THE LINE cuts clear a joint conference committee and stroy CIRES, but come close to it,’’ said (By M.E. Sprengelmeyer) are approved by the president, local research Lynch. ‘‘We would really have to restructure WASHINGTON.—Congress is considering deep on climate, air quality and space environ- that institute into something significantly cuts in federal research funds that would mental hazards would be affected. smaller.’’

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.036 H23PT1 H7358 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Both CIRES and JILA are cooperative en- their research at CIRES, and this would also governments creates safer communities by tities within the university, receiving block be in jeopardy, she said. providing funds for personnel, equipment, Chair of the Council of Boulder Labora- funding from NOAA as well as a share of lab training, technical assistance, and information resources and personnel. tories Directors, Randall Dole, who is also ‘‘The cuts that (Congress) are proposing Director of the Climate Diagnostics Center systems for more widespread apprehension, are just absolutely drastic,’’ said Lynch. said that until the cuts were finalized it prosecution, adjudication, detention, and reha- Among other projects, NOAA conducts re- would be hard to say exactly how much staff bilitation of offenders who violate such state search in climate diagnostics that provide would be laid off. and local laws. crucial understanding of global warming, ‘‘This is not just a NOAA problem—frankly weather and climate patterns and the impact this is a Colorado problem,’’ said Dole. ‘‘Be- Another successful program is Community of atmospheric conditions. cause it seats back in the whole community, Oriented Policing Services, COPS. Since its ‘‘This is not just fun and games sciences— you could see the potential for manifold ef- inception in 1994, the COPS program has this is really important areas of research,’’ fects which go beyond the loss of 50–100 been one of the most successful law enforce- said Lynch. jobs.’’ Although Lynch was not sure of the exact Dole said there was no question of the im- ment grant programs in American history. A amount of funding CIRES received, she pact the cuts would have on the volume and central goal of the COPS Office is to help law thought it was well over half the institute’s the rate of progress of research being con- enforcement agencies implement and enhance budget. ducted by the various organizations, much of community-based policing, and this program in ‘‘If these cuts go through we will have a which focuses greatly on the state’s drought, particular has been successful in Utah. very different institute with far less ability ozone and climate issues. to manage the science that they have been Pacheco said he was certain Congress While I am pleased to see that the House mandated to manage,’’ said Lynch. would approve the bill, the U.S. could amend Appropriations Committee provided $683 mil- Lynch has not seen a detailed analysis on it. lion for the Community Oriented Policing Serv- where cuts would come and which programs Mr. MATHESON. Mr. Chairman, over the ices, COPS program, it deserves more fund- would be targeted. But she said much of the last few months, I have met with local law en- staff support was funded by grant-support ing. I am happy that the House Appropriations from NOAA. forcement in Utah and the message is loud Committee funded the Byrne Formula Grants Cuts would also hinder the ability of and clear, COPS and Byrne grants are effi- at $500 million. This grant program is vital to CIRES to undertake new initiatives, such as cient and effective programs. As a result of local law enforcement in Utah. It is my hope the recent study on ‘‘Water in the West.’’ these meetings, I fought hard to preserve that Congress and the Administration can rec- Lynch said serious budget cuts could im- some of the most basic and fundamental law ognize the value of these programs and that pact the intellectual environment of the enforcement funding mechanisms offered by in the future we can work toward full funding. campus. the federal government. ‘‘I would worry about losing faculty,’’ said Mr. WOLF. Mr. Chairman, the following Lynch. ‘‘We have some very high-quality fac- The number one program that Utah law en- ulty (working at CIRES).’’ forcement officers bring to my attention is the table details budget authority of the Com- Undergraduate, graduate and post-doctoral importance of the Byrne Grant program. This merce, Justice, State, the Judiciary, and Re- students have always had great support in partnership among federal, state, and local lated Agencies:

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VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 9920 E:\CR\FM\A23JY7.042 H23PT1 Insert offset folio 364G/10 here EH23JY03.010 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7369 Mr. MATHESON. Mr. Chairman, our nation Brown (OH) Granger McHugh Shaw Stupak Walden (OR) is facing a protracted economic downturn, and Brown (SC) Graves McIntyre Shays Sweeney Wamp Brown, Corrine Green (TX) McKeon Sherman Tanner Waters manufacturers have been particularly hard hit. Brown-Waite, Greenwood McNulty Sherwood Tauscher Watson It is crucial that the federal government assists Ginny Grijalva Meehan Shimkus Taylor (NC) Watt the smaller manufacturing businesses, which Burgess Gutierrez Meek (FL) Shuster Terry Waxman Burns Hall Meeks (NY) Simmons Thomas contribute significantly to the economy. This is Weiner Burr Harman Menendez Simpson Thompson (CA) Weldon (FL) Skelton Thompson (MS) why I support the Manufacturing Extension Burton (IN) Harris Mica Weldon (PA) Slaughter Thornberry Partnership, MEP, program. Buyer Hart Michaud Weller Calvert Hastings (FL) Millender- Smith (MI) Tiahrt Many small businesses in my home state of Wexler Camp Hastings (WA) McDonald Smith (NJ) Tiberi Whitfield Utah have benefited substantially from the Cannon Hayes Miller (FL) Smith (TX) Tierney Wicker MEP. I believe that if the federal government Cantor Hayworth Miller (MI) Smith (WA) Toomey Wilson (NM) Capito Herger Miller (NC) Snyder Towns is content to merely study the problems of Wilson (SC) Capps Hill Miller, Gary Solis Turner (OH) Wolf manufacturers, without providing a plan of ac- Capuano Hinchey Miller, George Souder Turner (TX) tion or tangible assistance, then our efforts to Cardin Hinojosa Mollohan Spratt Udall (NM) Woolsey improve local economies will necessarily fall Cardoza Hobson Moore Stark Upton Wu Wynn short. Carson (IN) Hoeffel Moran (KS) Stearns Velazquez Carson (OK) Hoekstra Moran (VA) Stenholm Visclosky Young (AK) While I am pleased to see that the House Carter Holden Murphy Strickland Vitter Young (FL) Appropriations Committee provided $39.6 mil- Case Holt Murtha NAYS—21 lion for MEP, I hope that this worthy program Castle Honda Myrick Akin Hensarling Pence will receive full funding during Senate consid- Chabot Hooley (OR) Nadler Chocola Hostettler Napolitano Costello Jones (NC) Royce eration. Our government has devised and im- Clay Houghton Neal (MA) Duncan McCarthy (NY) Tancredo plemented an excellent resource for manufac- Clyburn Hoyer Nethercutt Flake McInnis Tauzin Coble Hulshof Neugebauer Franks (AZ) Musgrave Taylor (MS) turers and I believe that it deserves the contin- Green (WI) Oxley Udall (CO) ued support of Congress and the administra- Cole Hunter Ney Collins Hyde Northup Hefley Paul Van Hollen tion. Thank you for your consideration. Conyers Inslee Nunes NOT VOTING—13 The CHAIRMAN. Pursuant to the Cooper Isakson Nussle rule, the Committee rises. Cox Israel Oberstar Berkley Gephardt Pryce (OH) Cramer Issa Obey Bishop (UT) Gutknecht Sullivan Accordingly, the Committee rose; Crane Istook Olver Emerson Kennedy (RI) Walsh and the Speaker pro tempore (Mr. Crenshaw Jackson (IL) Ortiz Ferguson Lewis (GA) Ford Norwood LATOURETTE) having assumed the Crowley Jackson-Lee Osborne chair, Mr. HASTINGS of Washington, Cubin (TX) Ose ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Culberson Janklow Otter Chairman of the Committee of the Cummings Jefferson Owens The SPEAKER pro tempore (Mr. Whole House on the State of the Union, Cunningham Jenkins Pallone LATOURETTE) (during the vote). Mem- reported that that Committee, having Davis (AL) John Pascrell bers are advised there are 2 minutes re- had under consideration the bill (H.R. Davis (CA) Johnson (CT) Pastor maining in this vote. Davis (FL) Johnson (IL) Payne 2799) making appropriations for the De- Davis (IL) Johnson, E. B. Pearce b 1523 partments of Commerce, Justice, and Davis (TN) Johnson, Sam Pelosi State, the Judiciary, and related agen- Davis, Jo Ann Jones (OH) Peterson (MN) So the bill was passed. The result of the vote was announced cies for the fiscal year ending Sep- Davis, Tom Kanjorski Peterson (PA) Deal (GA) Kaptur Petri as above recorded. tember 30, 2004, and for other purposes, DeFazio Keller Pickering A motion to reconsider was laid on pursuant to House Resolution 326, he DeGette Kelly Pitts the table. reported the bill back to the House Delahunt Kennedy (MN) Platts DeLauro Kildee Pombo f with sundry amendments adopted by DeLay Kilpatrick Pomeroy the Committee of the Whole. DeMint Kind Porter PERSONAL EXPLANATION The SPEAKER pro tempore. Under Deutsch King (IA) Portman Mr. KENNEDY of Rhode Island. Mr. Speak- the rule, the previous question is or- Diaz-Balart, L. King (NY) Price (NC) Diaz-Balart, M. Kingston Putnam er, on rollcall No. 422, I mistakenly thought I dered. Dicks Kirk Quinn had already voted. Had I been present, I Is a separate vote demanded on any Dingell Kleczka Radanovich would have voted ‘‘yea.’’ amendment? If not, the Chair will put Doggett Kline Rahall Dooley (CA) Knollenberg Ramstad f them en gros. Doolittle Kolbe Rangel The amendments were agreed to. Doyle Kucinich Regula GENERAL LEAVE The SPEAKER pro tempore. The Dreier LaHood Rehberg Mr. KOLBE. Mr. Speaker, I ask unan- Dunn Lampson Renzi question is on the engrossment and Edwards Langevin Reyes imous consent that all Members may third reading of the bill. Ehlers Lantos Reynolds have 5 legislative days within which to The bill was ordered to be engrossed Emanuel Larsen (WA) Rodriguez revise and extend their remarks on and read a third time, and was read the Engel Larson (CT) Rogers (AL) H.R. 2800, and that I may include tab- English Latham Rogers (KY) third time. Eshoo LaTourette Rogers (MI) ular and extraneous material. The SPEAKER pro tempore. The Etheridge Leach Rohrabacher The SPEAKER pro tempore. Is there question is on the passage of the bill. Evans Lee Ros-Lehtinen objection to the request of the gen- Everett Levin Ross Under clause 10 of rule XX, the yeas Farr Lewis (CA) Rothman tleman from Arizona? and nays are ordered. Fattah Lewis (KY) Roybal-Allard There was no objection. The vote was taken by electronic de- Feeney Linder Ruppersberger f vice, and there were—yeas 400, nays 21, Filner Lipinski Rush Fletcher LoBiondo Ryan (OH) FOREIGN OPERATIONS, EXPORT not voting 13, as follows: Foley Lofgren Ryan (WI) FINANCING, AND RELATED PRO- [Roll No. 422] Forbes Lowey Ryun (KS) Fossella Lucas (KY) Sabo GRAMS APPROPRIATIONS ACT, YEAS—400 Frank (MA) Lucas (OK) Sanchez, Linda 2004 Abercrombie Bartlett (MD) Blumenauer Frelinghuysen Lynch T. The SPEAKER pro tempore. Pursu- Ackerman Barton (TX) Blunt Frost Majette Sanchez, Loretta Aderholt Bass Boehlert Gallegly Maloney Sanders ant to House Resolution 327 and rule Alexander Beauprez Boehner Garrett (NJ) Manzullo Sandlin XVIII, the Chair declares the House in Allen Becerra Bonilla Gerlach Markey Saxton the Committee of the Whole House on Andrews Bell Bonner Gibbons Marshall Schakowsky Baca Bereuter Bono Gilchrest Matheson Schiff the State of the Union for the consider- Bachus Berman Boozman Gillmor Matsui Schrock ation of the bill, H.R. 2800. Baird Berry Boswell Gingrey McCarthy (MO) Scott (GA) Baker Biggert Boucher Gonzalez McCollum Scott (VA) b 1525 Baldwin Bilirakis Boyd Goode McCotter Sensenbrenner IN THE COMMITTEE OF THE WHOLE Ballance Bishop (GA) Bradley (NH) Goodlatte McCrery Serrano Ballenger Bishop (NY) Brady (PA) Gordon McDermott Sessions Accordingly, the House resolved Barrett (SC) Blackburn Brady (TX) Goss McGovern Shadegg itself into the Committee of the Whole

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.044 H23PT1 H7370 CONGRESSIONAL RECORD — HOUSE July 23, 2003 House on the State of the Union for the The Millennium Challenge Account counsels patience today. Our rec- consideration of the bill (H.R. 2800) will provide an incentive for countries ommendations for the HIV/AIDS initia- making appropriations for foreign op- to build a political and economic infra- tive and for the MCA are the first steps erations, export financing, and related structure which leads to long-term de- in two very ambitious, very innovative, programs for the fiscal year ending velopment, which leads to sustainable and very new programs. With this $2 September 30, 2004, and for other pur- development, which leads to the im- billion the House provides for AIDS poses, with Mr. THORNBERRY in the provement in the lives of the citizens this coming year, agencies can build a chair. of the countries involved. solid framework to support the $13 bil- The Clerk read the title of the bill. The AIDS initiative will bring medi- lion that will follow. With our $800 mil- The CHAIRMAN. Pursuant to the cine and care and hope to millions of lion for the Millennium Challenge Ac- rule, the bill is considered as having people. The very promise of care and count, we will have a structure that been read the first time. treatment has already brought hope to can effectively and wisely use the Under the rule, the gentleman from millions. added $5 billion in development assist- Arizona (Mr. KOLBE) and the gentle- These initiatives may be innovative ance that the President has pledged to woman from New York (Mrs. LOWEY) new approaches, but the work of our put on top of existing development as- each will control 30 minutes. subcommittee has not changed. We sistance. But our recommendation is The Chair recognizes the gentleman must distribute the resources that are not so extravagant, Mr. Chairman, that from Arizona (Mr. KOLBE). allotted to us, resources that are never Mr. KOLBE. Mr. Chairman, I yield money will lay waiting to be spent, quite enough, across a wide range of myself such time as I may consume. gathering pressure that might lead to Mr. Chairman, I am pleased to competing priorities. We have to make waste and to unwise expenditures, present, at long last I should say, difficult choices among deserving pro- eroding public confidence in these two present H.R. 2800, the Foreign Oper- grams, and we are charged with ensur- initiatives. ations appropriations bill for fiscal ing that taxpayer money is spent wise- Some of our colleagues are pressing year 2004. In almost all the instances ly and efficiently. We all must remem- to take even more, to move money into that we will see here today, this is a ber that effective programs require a AIDS from the MCA for other pro- joint recommendation, which means firm foundation and good management. grams. Such an approach, Mr. Chair- that there are compromises that are This year we have once again pro- man, would, in my opinion, be an un- made on both sides; and it is one of vided more funds than the President wise one. What we have provided for which I am very proud. requests for HIV/AIDS, for its preven- the President’s new HIV/AIDS initia- I am very proud to have worked with tion, treatment, care and support. Our tive is prudent, when we consider that the gentlewoman from New York (Mrs. bill recommends $1.43 billion for HIV/ the coordinator, who has been named LOWEY), my colleague, the ranking AIDS, tuberculosis and malaria. Add to for these programs in the State Depart- member from the minority side. Work- that the $645 million that was rec- ment, has not yet been confirmed by ing with her has been absolutely a joy. ommended by the Subcommittee on the Senate. Taking more money from She has been wonderful in her spirit of Labor, Health and Human Services, the MCA would signal a lack of con- trying to find a bipartisan approach to Education and Related Agencies and fidence in the approach of the MCA. We foreign policy. It is in that spirit, I be- that the House approved last week, should instead be recognizing the lieve, that this bill is presented today; this body now proposes to spend nearly President for his vision, and $800 mil- and I want to thank her and her staff $2.1 billion for these three diseases, an lion to launch this program is an ap- for the tireless work that they have amount that more than meets the propriate level. done on this bill. President’s request of $2.04 billion. The final priority I want to mention I might add, I want to thank the staff This $2 billion represents the first in- in this bill is funding for Israel, Egypt, that surrounds me here, led by the able stallment of $15 billion to be spent and Jordan. This funding accounts for Clerk of our subcommittee, Charlie against these three diseases over the nearly $5 billion of the total. Let me Flickner, and my personal staff for the next 5 years. Let me make that crystal add that the major refugee account and extraordinary work that they have clear. This administration and this the key military assistance accounts, done to get us to where we are today. subcommittee and, I believe, this Con- so vital in our war against terrorism Mr. Chairman, the subcommittee’s gress are fully committed to spending and to protect our national security, recommendation for fiscal year 2004 $15 billion on prevention and life-sav- are all fully funded. foreign assistance and export financing ing treatments for those afflicted with Of course, the funding priorities I funding is $17.1 billion. That is $1.7 bil- AIDS around the world. This $2 billion have laid out for my colleagues add up lion below the administration’s re- that is in these two bills, last week and to more than the increase in our budg- quest. We worked to accommodate as here today on the floor, is only our et allocation. So the subcommittee has many of the Members’ interests as pos- first installment in that program. sible, while keeping in mind the broad- gone to great lengths to avoid reducing 1530 er national and international situa- b appropriations in order to make room tion. Now, the Millennium Challenge Ac- for the AIDS emergency plan and the In the papers, on TV, in the streets, count is a new component of our bill Millennium Challenge Account, and for we are faced daily with the ramifica- this year. I fully support the MCA. I the admirable commitment of the gen- tion of the issues that are covered by am excited about it. I believe it can tlewoman from New York (Mrs. LOWEY) this bill. This bill provides vital fund- make our investments in developing to improving basic education globally. ing to fight wars against disease and assistance more effective and more sus- Within Child Survival and Health, we drugs, for building peace and democ- tainable. Our bill recommends $800 bil- have succeeded in holding the levels for racy, and for building economic pros- lion for the MCA, or Millennium Chal- Child Survival and Maternal Health, perity around the world. lenge Account, and we believe that is for Vulnerable Children, for Family The President’s trip to Africa a few the amount that can be effectively Planning and Reproductive Health, and weeks ago highlighted the opportunity spent in fiscal year 2004. our unrestricted grant to UNICEF at we have this year to embark on a bold Of course, in future years more re- last year’s level. new direction in international assist- sources are going to be needed to fight Our funding for international funding ance. During his trip, the President HIV/AIDS and to support the initia- institutions, the Economic Support championed initiatives to address two tives of the MCA. I have confidence Fund, which is used by the State De- of the greatest problems facing our that the Congress will meet the 5-year partment and the President to support world today, persistent poverty and pledge for AIDS and that additional economic development assistance HIV/AIDS. The Millennium Challenge funds will be forthcoming to support around the world, and two of the Presi- Account and the emergency plans for the creative delivery of foreign assist- dent’s lesser initiatives, has been re- AIDS relief are the most innovative ance through the MCA in years ahead. duced or eliminated to accommodate programs that we have seen in decades But it is the very size of the task fac- the initiatives within the allocation that reshape foreign assistance. ing us over the coming years that that was given to us.

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.073 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7371 Separately, I would note that there is funding for war-related needs in Iraq ultimate answers for these tragedies. no money in this bill for the recon- and Afghanistan. That additional Both the Millennium Challenge Ac- struction in Iraq. None has been re- spending sped through Congress with- count, MCA, and the HIV initiative quested by the administration. Al- out a hint of controversy because it hold the promise of getting increased though many of us expect and many of was judged vital to our national secu- resources to Africa, but the actual ef- us heard yesterday from Ambassador rity. As the conflict and reconstruction fects they will have remain unclear. Bremer that more money may well be continue in Iraq on parallel tracks, I support the conceptual approach required shortly, we will await a Presi- there is a good chance we will need embodied in the proposal to establish a dential decision on this matter. more, and Members should know that Millennium Challenge Account, how- In closing, let me say, and I say this there are no funds in this bill to ad- ever, budget realities we face this year, with some confidence, that this is a dress Iraq reconstruction needs. This and will likely face next year, make it good bill, one which I believe that all means that those additional needs will highly unlikely that the promise made Members can be proud of and which I be addressed in a supplemental, which by the President that the $10 billion in- hope will have the support of all the will undoubtedly also contain billions tended for the MCA will be additive to Members of this body. It is fiscally re- to fund the defense-related costs of the current levels of foreign assistance will sponsible. It is within the subcommit- war and which will again be requested be kept. Much of the bipartisan support tee’s budget allocation. It is a bill that by the President as emergency spend- in Congress for the MCA is based on helps to lay the groundwork for the im- ing. the fact that it is supposed to help the portant work that is ahead of us as we I do believe that our response to the poorest countries of the world and that launch these major initiatives in devel- HIV/AIDS pandemic is underfunded and MCA resources will add to amounts opment assistance and HIV/AIDS pre- should be dealt with as the emergency currently spent on foreign assistance. vention and treatment. It is a bill that it is now. In response to the President’s Cuts to discretionary spending in this meets our challenges overseas and im- extraordinary initiative on HIV/AIDS, year’s budget resolution, combined pacts the national security of this Na- Congress overwhelmingly passed and with unrealistically low budget re- tion. I urge the Members to support the President signed a bill authorizing quests for many domestic programs, this legislation. $3 billion for fiscal year 2004. While in have translated into cuts in this bill of Mr. Chairman, I reserve the balance Africa 2 weeks ago, the President re- $1.7 billion. This situation is likely to of my time. peatedly touted this $15 billion 5-year worsen in fiscal year 2005. The Presi- Mrs. LOWEY. Mr. Chairman, I yield plan, and he and his advisers called on dent cannot expect Congress to support myself such time as I may consume. Congress to fund it. This created the full funding of the MCA initiative if Mr. Chairman, I want to begin by impression that we the Congress were other vital programs in the foreign op- thanking our distinguished chairman, the obstacle to providing $3 billion, de- erations bill have to be cut. the gentleman from Arizona (Mr. spite the fact that the President him- The bill contains $800 million for the KOLBE), a good friend, who has worked self only requested $2 billion in appro- MCA, largely at the insistence of the White House; the Senate bill contains very closely with me, and I appreciate priations. our extremely cooperative relation- Now, while I am pleased that this bill $1 billion for MCA; and the White ship. I also want to thank the chair- provides $1.43 billion for HIV/AIDS and House is still pushing for the full $1.3 man of our full committee, the gen- other infectious diseases, we supported billion requested. It is highly likely tleman from Florida (Mr. YOUNG). I ap- the $3 billion authorization on this that the final allocation for the foreign preciate the leadership he provides to floor in this Congress, and now the bill operations bill will be $1 billion to $1.5 this committee. has come due. I believe it is disingen- billion below the President’s request. And I want to say at the outset that uous for us to make promises we have Now, in plain English, this means that other accounts in the bill will be cut while Chairman KOLBE and I may differ no intention of keeping, and so I of- severely if MCA is fully funded. fundamentally on the adequacy of our fered an amendment at full committee allocation he certainly accommodated Members should also know that only to provide an additional $1 billion for 3 of 11 potentially qualifying countries most of my priorities, and I believe we HIV/AIDS as emergency spending. I have a bill that indeed is worthy of for MCA resources in 2004 are in Africa. asked that this amendment be made in In 2005, of the 12 countries most likely Members’ support, despite the fact that order under the rule so every Member we had to cut $1.7 billion from the to qualify, again, only 3 are in Africa. of Congress would have the oppor- In all, after $2 billion over 3 years is President’s request, and I urge my col- tunity to fulfill our pledge, but it was provided to the MCA, only a small leagues to support it. not. It is truly a disgrace, in my judg- number are African countries are like- The bill contains $17.1 billion, which ment, that we will not have the oppor- is an increase of $900 million over last ly to have benefitted. tunity to take this vote today. I have taken the time in my opening year, and I generally agree with my Additional resources for Africa are remarks to address this situation be- chairman on the spending levels rec- also vitally needed. Everyone is aware cause this initiative marks the begin- ommended for specific accounts within of the long history of devastating and ning of a shift in how we in Congress the reduced allocation. We did work to- destabilizing humanitarian and polit- effect foreign aid programming. As we gether closely to ensure that in the ical crises on that continent. And al- provide more resources for MCA, our face of devastating cuts we at least though this bill will slightly increase ability to direct funds to specific pur- level funded Child Survival and Health resources for Africa above last year, it poses, such as health and education, accounts and increased education as a merely begins to address the ongoing will diminish significantly. My support priority area. We provided funding for tragedies there. Unfortunately, the for this initiative going forward will reconstruction in Afghanistan, an issue amendment of the gentleman from Illi- thus depend on whether resources on which the chairman and I have col- nois (Mr. JACKSON) to add emergency going to it are truly additive and laborated often in the last year. The resources for Africa was also not made whether Congress maintains some bill also funds fully our commitments in order. measure of control and oversight over in the Middle East, a powerful state- The sad fact is that we as a Nation country eligibility and program plan- ment at such a critical time in the have neglected the problems of Africa ning. peace process. And there are many for decades; chronic poverty, the more very positive aspects I will dis- spread of infectious disease, and lack of b 1545 cuss further in a moment. good governance remain. And despite I am especially proud, and I want to I do have some concerns as well. At all the efforts we have undertaken so personally thank the gentleman from the $17 billion spending level, we as a far across many Congresses and admin- Arizona for the $350 million in the bill country will devote less than 1 percent istrations, we must no longer shy away for basic education, which is $100 mil- of our GDP to foreign assistance. Ac- from addressing these problems with lion above last year’s level. In addition, tual spending in 2003 for foreign aid sufficient resources and political will. we require a detailed report on how the will total over $23 billion, including It serves no one when the current administration will organize and im- $7.5 billion in emergency supplemental presidential initiatives are touted as plement our expanded efforts in basic

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.075 H23PT1 H7372 CONGRESSIONAL RECORD — HOUSE July 23, 2003 education. Virtually everyone I speak Mr. KOLBE. Mr. Chairman, I am count, MCA, and his bilateral HIV/ to agrees that providing more and pleased to yield as much time as he AIDS initiative. To fully fund the MCA more focused resources for basic edu- may consume to the gentleman from and the HIV/AIDS initiative would cation throughout the world is one of Florida (Mr. YOUNG), the distinguished take up almost 25 percent of this bill’s the best possible ways we can combat chairman of the full committee, who, I allocation. Leadership and legislating the extremism and hopelessness that must say, along with his staff, has been require making tough choices, but that breed terrorism. I again want to thank so supportive of our efforts in getting is not the whole story here. We have the gentleman from Arizona for work- us to the floor at this stage. I am very the ability and the resources to ade- ing with me on what I think is a very grateful for his confidence and his sup- quately fund these accounts. We have critical issue. port. chosen not to. Over the last 3 years, The bill also provides an increase in Mr. YOUNG of Florida. Mr. Chair- Congress has chosen to provide tax resources for Treasury technical assist- man, I appreciate the gentleman’s cuts decreasing revenue by $310 billion ance which will help countries that are comments, and I want to compliment for the 2004 fiscal year. We have chosen major source and transit points for ter- him for having done a tremendous job. to provide $8.9 billion for a ballistic rorist financing close the gaping holes This is not the easiest bill to pass be- missile defense system that will not in their financial systems that let this cause a lot of folks just do not like for- work. We have chosen to ignore the funding slip through. eign aid. Period. The chairman has de- type of rampant poverty, illness and However, the fact that we took care veloped a very responsible response to hopelessness in sub-Saharan Africa of administration priorities such as the the issues that are facing us around the that create a breeding ground for ter- Millennium Challenge Account and world. He has done a really good job. I rorism. AIDS required that we make some hard would say that the gentlewoman from Africa today, Mr. Chairman, is in a choices. As a result, some programs New York, as a working partner, has state of emergency. This bill makes a will suffer. There is no funding rec- been very much a contributor to the valiant attempt but falls short of ad- ommended for debt relief for the Demo- success of this bill. dressing this emergency in sub-Saha- cratic Republic of Congo. Cuts in eco- I hope that we can conclude this bill ran Africa. The Congress’ approach has nomic support funds, Eastern Europe, today. We will see how long it takes. been disjointed. In 1999, this Congress the New Independent States, and devel- But it would be nice if we could. Al- said ‘‘trade, not aid’’ in the Africa opment assistance translate into prob- though the committee got off to a late Growth and Opportunity Act, that able cuts to many countries and a lim- start this year, we passed the ninth ap- trade was Africa’s future. Today Con- propriations bill just about an hour ited capacity to restore misguided cuts gress says aid, yes, but aid for AIDS. ago, the Commerce-Justice-State De- proposed by the administration to oth- Africa deserves more than a hodge- partment appropriations bill. This will ers, including Cyprus, East Timor, Ar- podge, disjointed approach to its devel- be the 10th bill that we have passed on menia, Ukraine, and Russia. opment. An emergency exists on the the floor despite a late start. As of to- Mr. Chairman, as a final note, I want continent. Africa is the poorest region morrow morning, we will have marked to make a few comments about the im- of the world, containing a majority of up all 13 appropriations bills in the full portance of this bill we consider on the the world’s poorest countries. Only one committee and we completed 11 of last floor today. I have always viewed for- in three people in sub-Saharan Africa year’s bills early this year, and we eign assistance as one of the three pil- get enough to eat every day, and one marked up two supplementals. So the lars of national security, along with out of two do not have access to clean defense and diplomacy. I believe the committee has been very effective and very busy this year. This bill is the cul- drinking water. An emergency. value of foreign assistance in spreading Only one in three children completes mination of a strong effort by the gen- the ideals of democracy and freedom elementary school. An emergency. tleman from Arizona and the gentle- around the world and in eliminating Average life expectancy in Africa is woman from New York to meet the re- the poverty that causes widespread in- just 49 years of age and in countries sponsibilities that we have in the stability in developing regions cannot hardest hit by AIDS, just 30. An emer- world. I compliment them. They have be underestimated. However, except for gency. a handful of notable instances directly done a really good job. I think that While poverty has fallen in much of they join me in hoping that we can linked to front-page current events, it the rest of the world, 20 African coun- conclude the tenth appropritions bill has been difficult to ensure adequate tries are poorer today than they were before it gets too late tonight. funding for foreign aid priorities. De- Mrs. LOWEY. Mr. Chairman, I am 20 years ago. An emergency. spite the new Presidential initiatives Overwhelming debt burdens, falling very pleased to yield 61⁄2 minutes to the in this bill, and again I want to con- international development assistance gentleman from Illinois (Mr. JACKSON), levels, the onslaught of AIDS, and a gratulate the President on these initia- a distinguished member of our com- combination of falling prices for Afri- tives, this year, unfortunately, is no mittee who has made sure that we ca’s exports and unfair international different. We still require far more re- focus on our priorities every day he is sources than have been made available. there. trade policies are pushing Africa back- I look forward to working with my col- (Mr. JACKSON of Illinois asked and wards, stealing the gains of a genera- leagues in future years to ensure our was given permission to revise and ex- tion of hardworking African people. An priorities are adequately funded. tend his remarks.) emergency. In closing, I once again want to em- Mr. JACKSON of Illinois. Mr. Chair- Africa is now at the epicenter of the phasize that I appreciate the close man, first I want to thank the chair- greatest catastrophe in recorded working relationship I have enjoyed man and ranking member of the Sub- human history, the HIV/AIDS pan- with the gentleman from Arizona. He is committee on Foreign Operations, Ex- demic. The gentlewoman from Michi- a distinguished chairman, he is com- port Financing and Related Programs gan (Ms. KILPATRICK) will offer an mitted to this bill, and it truly has and the subcommittee staff for their amendment which I hope all Members been a pleasure for me to work with hard work. I think they did a reason- of this Congress will support to fully our chairman. Considering the obsta- able job, considering the amount of fund the President’s AIDS initiative. cles we faced, the product we present money they had allocated to them. Since its first discovery 2 decades ago, today is very good. I look forward to Mr. Chairman, the President re- more than 18 million Africans have working with him as we move the proc- quested $18.8 billion for the accounts died of AIDS out of 25 million AIDS ess forward. I would also like to thank that make up the foreign operations deaths worldwide. our able staff, Mark Murray, Charlie bill. Unfortunately, the leadership of All day, Mr. Chairman, we are going Flickner, Alice Grant, Scott Gudes, the House only gave the bill $17.1 bil- to hear Members of the Congress come Rob Blair, Lori Maes, Sean Mulvaney, lion. That is where our problems began. to the floor and say, We are doing Beth Tritter, and Joe Weinstein, for From the outset, we were forced into a something for AIDS. We are helping their hard work. position of robbing Peter to pay Paul. the Africans. We are doing something. Mr. Chairman, I reserve the balance The President’s top priorities are to We are showing something for Africa. of my time. fund the Millennium Challenge Ac- But what about this bill addresses the

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.077 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7373 more than 300 million people in sub-Sa- Mr. Chairman, these are serious prob- b 1600 haran Africa who survive on under $1 lems that require real resources to ad- And it underscores one key point per day? AIDS has nothing to do with dress them, not just lip service. After when we take on the commitment to that massive economic inequality. In- general debate, I will offer an amend- treat someone with HIV, we need to fant and child mortality rates remain ment that offers a comprehensive ap- fund a program that can sustain that high, AIDS notwithstanding; and ac- proach to addressing this emergency in commitment. If we provide money in cess to health care and education is sub-Saharan Africa. ways that are not politically sustain- shrinking in many countries. Food in- Mr. KOLBE. Mr. Chairman, I yield 6 able, we could have some sort of scan- security is growing, most seriously in minutes to the gentleman from Illinois dal in a provider that would undermine southern Africa and in the horn of Afri- (Mr. KIRK), an absolutely invaluable political support for this. That would ca. Sub-Saharan Africa’s massive ex- member of our subcommittee, extraor- lead to the international community ternal debt is the single largest obsta- dinarily knowledgeable and has really withdrawing support for an HIV pa- cle to the continent’s economic devel- contributed to the work of this sub- tient. By having a responsible uptick opment, not the criteria established by committee. in our support for the fight against the Millennium Challenge Corporation Mr. KIRK. Mr. Chairman, I thank the AIDS, we are understanding a key or the Millennium Challenge Account. gentleman for yielding me this time. I point. When we make a commitment to We will hear other Members of Con- want to thank the gentleman from Ari- a patient with HIV, we are going to do gress come to the floor and say, The zona and the gentlewoman from New so in a way that sustains that commit- Millennium Challenge Account, the York for one thing in particular. They ment because success right now in this Millennium Challenge Corporation, we have created a work atmosphere be- battle is that this patient will survive, are doing something through the MCA. tween the two parties on this bill that and therefore we need to continue Out of 48 sub-Saharan African coun- is the envy of the Committee on Ways funding our battle. If we do it in an tries, only three qualify for the bene- and Means. I really take my hat off to unsustainable way or in an irrespon- fits offered by the Millennium Chal- both of them. I also wanted to take one sible way that undermines political lenge Corporation. moment to talk about the bill we just support, bad GAO investigations, ex- I have laid out many of the statistics passed, the Commerce-State-Justice poses on the fleecing of America, we about the crisis on the continent, an bill, which every Member of this Con- will undermine political support. Peo- emergency in Africa. But my col- gress has helped fund the rewards pro- ple’s lives are at stake here, and that is leagues would come and say, We are gram. why doing it in a responsible way, doing something because we are talk- The State Department rewards pro- when we make a commitment to a pa- ing about AIDS. We are not discussing gram is the key program that led to tient we can keep that commitment. development and growth; we are not the incident with Uday and Qusay Hus- And to the chairman, I really thank talking about a Marshall Plan for Afri- sein and their untimely demise. It is him for his personal commitment on ca. And this bill woefully undermines this program which sometimes gets the HIV issue because he has really the amount of resources that this Con- down to one basic fact: Who helping sustained one of the highest ideals. gress could provide. the United States wants to be a mil- So when we look at the United Over the past 2 decades, African gov- lionaire? We will pay this $15 million States, we have to see what have we ernments have paid out more in debt set of rewards, and it is this program done as compared to other countries. service than they have received in de- that I think gives us the best chance to The nearest commitment of any other velopment assistance or new loans. My capture Saddam Hussein. country to the 1.27 billion commitment colleagues are going to come to the But turning now to the foreign oper- in this bill is the government of the floor and say, We are doing something ations bill, this bill represents a bipar- United Kingdom, which provided $313 for Africa in terms of development as- tisan decision by the American people million in the fight against AIDS. In sistance and loans. Here is the prob- since World War II that foreign policy fact, the United States gives more lem. Too few African countries will be matters, a subcommittee created by money to fight AIDS than all of the benefiting from U.S. development as- the Marshall Plan that is designed to European Union and Japan combined. sistance in the midst of a severe emer- reduce or prevent war and to lower the That is a monument to the idealism gency on the continent. The MCA is number of casualties or deployments and foreign policy foresight of the the equivalent of saying, Africa, do by the U.S. military around the world. United States. It is underscored in this what we want you to do and we will re- This bill visibly helps us respond to bill. late to you. But if you do not do what new challenges, Iraq and North Korea, And to the chairman and to our rank- we want you to do, we will have no re- Iran and Liberia, by substantially re- ing minority member I really want to lationship to you at all in the midst of ducing the chance that the U.S. mili- take my hats off to them for sustaining a profound emergency. Debt repay- tary will be deployed in other places in this commitment. Hundreds of thou- ments divert money directly from support of our allies. And look particu- sands of people’s lives will be sustained spending on basic social needs, includ- larly at the Middle East where the lit- by this, and this ramp-up in just sev- ing the response to the HIV/AIDS cri- tle democracy of Israel has not faced a eral years from under $139 million to sis, trapping countries in a cycle of direct threat to her existence in the now $1.27 billion is a real testament to underdevelopment and dependency. 1980s or 1990s, largely because of sup- our idealism. From 1990 to 2000, sub-Saharan Africa port from this legislation. I also want to thank the chairman experienced more than twice the num- One of the big questions that we face for his commitment to cross-border ber of casualties from conflict than any today is funding to support our war programs in Tibet. We understand that other region in the world. against HIV/AIDS. As a staffer in this there are 140,000 Tibetans outside Mr. Chairman, I close on this note. In Congress, I helped start this program China, 6 million inside China, and this Sudan, Africa’s largest country, civil in 1987 with a small earmark of $30 mil- bill sustains a political effort to en- war has raged for 36 of the last 46 lion. Since that time, our commitment hance the authority and role of the years. It has cost more than 2 million has grown substantially. If we look in Dalai Lama in Tibet, and I really want lives and has displaced more than 4 this bill and years prior, what has our to thank them because there is no million people. What about this bill commitment to AIDS funding been? In voice for the Tibetans inside China, does anything to address that problem? fiscal year 1999, $139 million; in fiscal and this bill underscores that voice and Since 1998, the conflict in the Demo- year 2000, $200 million; in 2001, $415 mil- gives them a real role in their own cratic Republic of the Congo has cost lion; in 2002, $485 million; in 2003, $893 country where an overwhelming num- an estimated 2 million lives, a holo- million; and in this bill, $1.27 billion, ber of Tibetans live, and I want to caust of sorts, most the victim of hun- just in the foreign operations bill, just thank the chairman for that. ger and disease; and at least another 2 to fight AIDS, a substantial commit- Mrs. LOWEY. Mr. Chairman, I yield 5 million have been displaced. What ment, one that I am proud having seen minutes to the gentlewoman from about this bill does anything to address in 1987, the start of this program that Michigan (Ms. KILPATRICK), distin- that problem? we have funded. guished member of the committee.

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.078 H23PT1 H7374 CONGRESSIONAL RECORD — HOUSE July 23, 2003 Ms. KILPATRICK. Mr. Chairman, I stances fight to secure the world, we million children were left out of the thank the gentleman from Arizona must as the superpower in the world child tax credit expansion, almost 4 (Chairman KOLBE) for his leadership in fund this pandemic appropriately and million single mothers, 56 percent of steering another bill to committee we have not done that. Malaria, tuber- all single parents. Women are experi- under difficult times. To the gentle- culosis, maternal health, family plan- encing the very worst of the economic woman from New York (Mrs. LOWEY), ning we have to step up as the super- slowdown. Average annual earnings of our ranking member, who is committed power in the world and help those low-income single mothers in decline to the international community and countries as partners in this humane for 3 years running, the unemployment has shown that in the leadership, I society that we live in. Postnatal care, rate of low-income single mothers ris- thank her for yielding me this time those kinds of things that help various ing twice as fast as the overall rate. and for crafting a bill that I will sup- countries who are less fortunate and Single and married women both are port in the end as we go through this who are not able to help themselves, less likely than men to receive unem- debate. we should be there for them, and many ployment benefits to help them As most Members of Congress know times in this budget we are unable to through their period of joblessness, and and very few members of the country do that. we are nearing a crisis level for these know, the foreign assistance bill is Agriculture, in many of those same women and their families. only 1 percent of the total budget of countries, agriculture is how they not Tax relief is supposed to be about the United States of America. Our only feed themselves but are able to ex- lifting these families up and out of budget is $2.2 trillion, and as the lead- port their agriculture products, there- such circumstances. If we extend the ing power in the world, this foreign as- by making it a revenue base for their child tax credit to these families, they sistance bill is not quite 1 percent of countries. It is our responsibility to will on average receive $276 in this year that. A good sum and we should be join with them in partnership to help alone. To some it might not seem like there for the other countries of the them with that. In some instances we a lot of money, but $276 can mean all world. This budget funds many coun- do, but I believe that we can do better. the difference. Health insurance for the tries of the world, as was mentioned by The ESF account, the Economic Sup- 9 million children in this country with- our chairperson. Israel, Jordan, and port Fund, that we also use to help out health care, clothes on their backs, Egypt are fully funded, and I think other countries is also underfunded. It school supplies. Two hundred thousand they should be. Other countries of the could be better and it is less than what military families, 900,000 Head Start world are not so taken care of, and I the President recommended and less families, 42,000 families of those teach- think we can do better. coming out of our budget. Those are ing in Head Start were left out. Just as At a time when we find the budget just a few areas. playing a role in the battle against shrinking, deficits soaring, and this We are the superpower of the world. global HIV/AIDS, it is a matter of val- year we expect a $455 billion deficit at It is up to us as leaders of the free ues, morals, something that we ought least, we do have to make certain deci- world to maintain stability around the to be committed to doing. So is assist- sions in how we fund our Government, world where we can, and we must not ing women and the 12 million children how we fund our domestic programs, forget the men and women who risk in this country who need our help the how we fund education, health care, their lives every day for us, freedom in most. housing, and those things that Ameri- this country and around the world, to So we want to call on the President cans need. So I understand it when make sure that they have the best to use his moral leadership to urge this some Americans do not understand health care that they need to sustain House to accept the other body’s bill that we have a responsibility as a su- themselves and their families. and bring justice to these families. perpower in the world to help other Mrs. LOWEY. Mr. Chairman, I yield 3 They deserve it. Let us give them that. Mr. Chairman, as my colleagues countries less fortunate and who are minutes to the gentlewoman from Con- know, we went to conference on the strategic allies to this country of the necticut (Ms. DELAURO), my good child tax legislation on June 12. It is friend. United States of America. So the budg- now July 23. The conference committee et before us today crafted by both the Ms. DELAURO. Mr. Chairman, I rise in support of this bill. This bill appro- has never met. gentleman from Arizona (Mr. KOLBE) In light of the fact that 6.5 million priates $17.1 billion for foreign aid and and the gentlewoman from New York American families, including our mili- export assistance, $1.8 billion less than (Mrs. LOWEY) is a good budget. It does tary families fighting in Iraq and Af- the President requested and $6.5 billion have shortcomings, as was mentioned, ghanistan, will not receive their child less than what we provided last year. and I would like to go over a few of tax credits when they are mailed out And while I am disappointed that we those. on Friday, I move that the Committee fall short of the $3 billion that the The Child Survival and Health ac- do now rise. count needs to be more fully funded to President promised for combating glob- The CHAIRMAN. Does the gentle- al AIDS and HIV, I commend the com- take care of the problems of the world. woman from New York (Mrs. LOWEY) We have heard much discussion and we mittee for taking the first steps by ap- yield to the gentlewoman from Con- propriating $2 billion in fiscal year will hear more today about the pan- necticut (Ms. DELAURO) for the pur- demic of HIV and AIDS. India with 2004. poses of offering a motion? over 1 billion people, China with nearly Last year 2.4 million Africans died of Mrs. LOWEY. Mr. Chairman, I yield the same or more people, the Carib- AIDS-related illnesses while nearly 30 to the gentlewoman from Connecticut bean, Russia, and other countries are million continue to live with the dis- for the purposes of offering a motion. ease, irrevocably changing the lives of now finding epidemic proportions of PREFERENTIAL MOTION OFFERED BY MS. HIV and AIDS. We have servicemen millions of women and children. I have DELAURO and women in those countries who may spent a lot of time in South Africa. I Ms. DELAURO. Mr. Chairman, I move be afflicted if we do not act now. have seen how this devastated this that the Committee do now rise. The President was recently in Africa, land, and we cannot only take the op- The CHAIRMAN. The question is on and I commend him for going. I also portunity to go on trips and take pho- the motion offered by the gentlewoman commend him for beginning in setting tographs and believe that we are ad- from Connecticut (Ms. DELAURO). up the Millenium Challenge Account. dressing the problems of Africa. Just as The question was taken; and the Any additional foreign assistance that we have an opportunity with this bill Chairman announced that the noes ap- we can give, and the President has to make a difference in those lives, to peared to have it. shown that he understands this, as the change those lives for the better and to RECORDED VOTE superpower in the world, I believe we offer some small measure of hope, we Ms. DELAURO. Mr. Chairman, I de- must do and I commend him for that. have an opportunity to make a real dif- mand a recorded vote. The HIV/AIDS epidemic is at pan- ference in the lives of millions of A recorded vote was ordered. demic proportions. All over this world women and children in this country by The vote was taken by electronic de- where our servicemen and women now extending the child tax credit to them. vice, and there were—ayes 84, noes 318, represent our Nation and in some in- Six and one half million families, 12 not voting 33, as follows:

VerDate jul 14 2003 02:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K23JY7.081 H23PT1 July 23, 2003 CONGRESSIONAL RECORD — HOUSE H7375 [Roll No. 423] Miller (FL) Price (NC) Smith (TX) We have no idea what level of a sup- Miller (MI) Putnam Souder plemental appropriation request we AYES—84 Miller, Gary Quinn Spratt Ackerman Filner Pallone Mollohan Radanovich Stearns might receive from the President that Alexander Frank (MA) Pastor Moore Rahall Stenholm might be transmitted during the com- Allen Grijalva Payne Moran (KS) Ramstad Strickland ing year for foreign assistance; but if Andrews Hastings (FL) Pelosi Moran (VA) Regula Sweeney Murphy Rehberg we are going to consider the regularly Baca Hill Rangel Tancredo Murtha Renzi funded, basic programs, apples to ap- Baird Hinchey Reyes Tauscher Musgrave Reynolds Baldwin Honda Rodriguez Taylor (MS) ples, we need to remind ourselves that Myrick Rogers (AL) Ballance Hoyer Ross Taylor (NC) we are $1 billion above where we were Bell Israel Nadler Rogers (KY) Terry Rush Neal (MA) Rogers (MI) last year. This is the second largest in- Berry Jackson (IL) Ryan (OH) Thompson (CA) Bishop (NY) Jackson-Lee Nethercutt Rohrabacher crease of any subcommittee’s alloca- Sanchez, Linda Thornberry Brown (OH) (TX) Neugebauer Ros-Lehtinen Tiahrt tion. Only the Subcommittee on Home- T. Ney Roybal-Allard Brown, Corrine Jones (OH) Tiberi Sandlin Northup Royce land Security has a bigger increase Capps Kildee Tierney Schakowsky Norwood Ruppersberger than this subcommittee received for its Capuano Kilpatrick Toomey Slaughter Nunes Ryan (WI) Carson (IN) Kind Towns allocation. Snyder Nussle Sabo Clay Kleczka Turner (OH) So we have been, I think, generously Solis Oberstar Sanchez, Loretta Clyburn Kucinich Turner (TX) treated; and I think our programs are Conyers Lantos Stark Obey Sanders Stupak Olver Saxton Udall (CO) well funded. Cooper Lewis (GA) Upton Crowley McCollum Tanner Ortiz Schiff Mr. Chairman, I reserve the balance Thompson (MS) Osborne Schrock Velazquez Davis (AL) McDermott Visclosky of my time. Davis (IL) McIntyre Udall (NM) Ose Scott (GA) Vitter Mrs. LOWEY. Mr. Chairman, I am DeFazio Meehan Van Hollen Otter Scott (VA) Walden (OR) very pleased to yield 2 minutes to my DeLauro Meek (FL) Waters Owens Sensenbrenner Walsh Doggett Michaud Watson Oxley Serrano distinguished colleague, the gentleman Weiner Doyle Miller (NC) Watt Pascrell Sessions from New York (Mr. CROWLEY). Weldon (FL) Eshoo Miller, George Waxman Paul Shadegg (Mr. CROWLEY asked and was given Evans Napolitano Woolsey Pearce Shaw Weldon (PA) Pence Shays Weller permission to revise and extend his re- NOES—318 Peterson (MN) Sherman Wexler marks.) Peterson (PA) Sherwood Whitfield Mr. CROWLEY. Mr. Chairman, I Abercrombie Davis, Tom Houghton Petri Shimkus Wicker want to commend my colleagues, the Aderholt Deal (GA) Hunter Pickering Shuster Wilson (NM) Akin DeGette Inslee Pitts Simmons Wilson (SC) gentleman from Arizona (Mr. KOLBE), Bachus DeLay Isakson Pombo Simpson Wolf the chairman, and the gentlewoman Baker DeMint Issa Pomeroy Skelton Wu from New York (Mrs. LOWEY), the Ballenger Deutsch Istook Porter Smith (MI) Wynn ranking minority member and my good Barrett (SC) Diaz-Balart, L. Janklow Portman Smith (NJ) Young (FL) Bartlett (MD) Diaz-Balart, M. Jenkins friend, for their work to craft a fair Barton (TX) Dicks John NOT VOTING—33 and balanced bill. Representing the Bass Doolittle Johnson (CT) Berkley Ferguson Menendez Beauprez Dreier Johnson (IL) most diverse congressional district in Bishop (UT) Ford Platts the country, I know how important Becerra Duncan Johnson, E. B. Boozman Frost Pryce (OH) Bereuter Dunn Johnson, Sam Boucher Gephardt Rothman U.S. foreign assistance is to nations Berman Ehlers Jones (NC) Case Gerlach Ryun (KS) around the globe, and I have seen the Biggert Emanuel Kanjorski Culberson Gonzalez Smith (WA) success of our foreign assistance first- Bilirakis Emerson Kaptur Delahunt Hulshof Sullivan Bishop (GA) Engel Keller Dingell Hyde Tauzin hand. Blackburn Etheridge Kelly Dooley (CA) Jefferson Thomas This is a fair and balanced bill. I Blumenauer Everett Kennedy (MN) Edwards Kennedy (RI) Wamp thank the chairman and ranking mem- Blunt Farr King (IA) English LaTourette Young (AK) Boehlert Fattah King (NY) ber for supporting priorities of mine, Boehner Feeney Kingston ANNOUNCEMENT BY THE CHAIRMAN including the Middle East Children’s Bonilla Flake Kirk The CHAIRMAN (during the vote). Association and increased money for Bonner Fletcher Kline the International Fund for Ireland, in Bono Foley Knollenberg Members are advised that 2 minutes re- Boswell Forbes Kolbe main in this vote. this legislation. Boyd Fossella LaHood Mr. Chairman, this is a good bill, but Bradley (NH) Franks (AZ) Lampson b 1703 it could be a great bill. The President Brady (PA) Frelinghuysen Langevin Ms. ROYBAL-ALLARD, and Messrs. recently hopscotched around Africa Brady (TX) Gallegly Larsen (WA) Brown (SC) Garrett (NJ) Larson (CT) BACHUS, INSLEE and COX changed talking about his global HIV/AIDS ini- Brown-Waite, Gibbons Latham their vote from ‘‘aye’’ to ‘‘no.’’ tiative, which this Congress passed. Ginny Gilchrest Leach So the motion was rejected. What he did not talk about, though, Burgess Gillmor Lee The result of the vote was announced was that his request for funding for Burns Gingrey Levin Burr Goode Lewis (CA) as above recorded. HIV/AIDS was $1 billion less than the Burton (IN) Goodlatte Lewis (KY) The CHAIRMAN pro tempore (Mr. authorizing legislation provided. Think Buyer Gordon Linder TERRY). The gentleman from Arizona about the lives $1 billion could save. Calvert Goss Lipinski (Mr. KOLBE) has 121⁄2 minutes remain- This bill includes $25 million for the Camp Granger LoBiondo Cannon Graves Lofgren ing. The gentlewoman from New York U.N. Population Fund, but we all know Cantor Green (TX) Lowey (Mrs. LOWEY) has 4 minutes remaining. that the money has about as much of a Capito Green (WI) Lucas (KY) The gentleman from Arizona (Mr. chance of being released by this admin- Cardin Greenwood Lucas (OK) OLBE Cardoza Gutierrez Lynch K ) is recognized. istration as the New York Mets do to Carson (OK) Gutknecht Majette Mr. KOLBE. Mr. Chairman, I yield win a World Series this year; and this Carter Hall Maloney myself such time as I may consume. bill continues to mandate the onerous Castle Harman Manzullo Much time has passed since the gen- global gag rule which keeps funding Chabot Harris Markey Chocola Hart Marshall tlewoman from Connecticut (Ms. away from groups such as Bangladeshi Coble Hastert Matheson DELAURO) spoke; but I did want to Rural Advancement Committee, or Cole Hastings (WA) Matsui make one comment about her remarks, BRAC, and their work to improve child Collins Hayes McCarthy (MO) and I appreciate her support for the Costello Hayworth McCarthy (NY) and maternal health. Mr. Chairman, Cox Hefley McCotter bill. She made a comment about how while the administration should fulfill Cramer Hensarling McCrery the level of funding in this bill is sig- its commitment to fighting HIV/AIDS, Crane Herger McGovern nificantly less than last year. We need support UNFPA and remove the oner- Crenshaw Hinojosa McHugh Cubin Hobson McInnis to remember that this is just about $1 ous global gag rule. Cummings Hoeffel McKeon billion more than the previous year’s There is much work in this bill, par- Cunningham Hoekstra McNulty regular appropriation bill for foreign ticularly to be done when we look at Davis (CA) Holden Meeks (NY) assistance. If we are going to consider the Middle East. The selection of a new Davis (FL) Holt Mica Davis (TN) Hooley (OR) Millender- apples to apples, that is what we need prime minister for the Palestinian Au- Davis, Jo Ann Hostettler McDonald to consider. thority, along with the concerted effort

VerDate jul 14 2003 03:23 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A23JY7.027 H23PT1 H7376 CONGRESSIONAL RECORD — HOUSE July 23, 2003 of the European Union and Russia, Israeli government, and I urge the gov- death of her mother, to express the along with Israel, shows that progress ernment of Egypt to make the moves support she has in this legislation for can be made in the Middle East. to take what is a cold peace with the the State of Israel. The support in this bill for Israel, as Jewish state and turn it into a warmer well as Jordan, a steadfast ally and and deeper relationship. Mrs. LOWEY. Mr. Chairman, I am proponent of stability, is worthwhile. I I also want to take this opportunity very pleased to yield 2 minutes to the am encouraged by movements from on behalf of my colleague, the gentle- gentleman from Maryland (Mr. HOYER), countries such as UAE, Oman and woman from Nevada (Ms. BERKLEY), the distinguished minority whip of the Qatar to reestablish contact with the who is unable to be here because of the House.

N O T I C E Incomplete record of House proceedings. Today’s House proceedings will be continued in the next issue of the Record.

VerDate jul 14 2003 03:23 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 8633 E:\CR\FM\K23JY7.086 H23PT1 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, WEDNESDAY, JULY 23, 2003 No. 110 Senate (Legislative day of Monday, July 21, 2003)

The Senate met at 9 a.m., on the ex- appoint the Honorable JOHN E. SUNUNU, a First, let me ask the Democratic piration of the recess, and was called to Senator from the State of New Hampshire, leader, through the Chair, if he has any order by the Honorable JOHN E. to perform the duties of the Chair. comments on the schedule. TED STEVENS, SUNUNU, a Senator from the State of I now yield myself my allotted time President pro tempore. New Hampshire. in morning business. Mr. SUNUNU thereupon assumed the f PRAYER Chair as Acting President pro tempore. UNANIMOUS CONSENT REQUEST— The Chaplain, Dr. Barry C. Black, of- f S. 1019 fered the following prayer: RECOGNITION OF THE MAJORITY Mr. FRIST. Mr. President, the Laci Let us pray. LEADER Creator God, source of all blessings, and Connor Peterson murders in Cali- fountain of all wisdom, today, let our The ACTING PRESIDENT pro tem- fornia have brought before the Amer- leaders play their part in doing Your pore. The majority leader is recog- ican people a critical question that de- will on Earth. Lord, You know the nized. serves a response: When a criminal at- struggles that confront us, the things f tacks a woman who is pregnant, killing we wrestle with that cause us to be both her and her unborn child, has he SCHEDULE anxious and unsure. You know the killed one victim or two? things we run to, the things we run Mr. FRIST. Mr. President, this morn- I believe the answer is two. Laci Pe- from, and the things that divide us. We ing the Senate will be in a period of terson was not the only person killed thank You that though You know us morning business for an hour. Fol- but her unborn baby, Connor, was also completely, You still love us and direct lowing morning business, the Senate murdered. our steps. Today, if our eyes have been will resume consideration of H.R. 2555, Unfortunately, there is a loophole in closed to Your graces, open them. Give the Department of Homeland Security Federal law that does not permit pros- us the courage and the flexibility to appropriations bill. Yesterday, we ecutors to charge suspects with killing make a better world. We pray this in made progress, as the Senate was able both mother and child. Twenty-seven Your strong name. Amen. to dispose of the Byrd amendment with States have moved to close this loop- a vote of 43 to 50 on waiving the budg- f hole in their State laws. Indeed, Cali- et. It is my understanding that this fornia is one of those States. That is PLEDGE OF ALLEGIANCE morning, at approximately 10 o’clock, why State prosecutors have charged The Honorable JOHN E. SUNUNU led Senator BOXER will be prepared to offer Scott Peterson with the deaths of his the Pledge of Allegiance, as follows: an amendment to the bill. Senator wife Laci and his son Connor. I pledge allegiance to the Flag of the COCHRAN will be here, and it is my hope I believe it is long past time for the United States of America, and to the Repub- we can try to reach short time agree- Senate to close this loophole for Fed- lic for which it stands, one nation under God, ments on amendments that are offered eral crimes. We have been working indivisible, with liberty and justice for all. as we go forward. with our friends across the aisle since f It is our desire to finish this bill June 26 to reach an agreement to bring APPOINTMENT OF ACTING today or this evening, if necessary. up this bill but so far we have been un- PRESIDENT PRO TEMPORE That would enable the Senate to con- successful. But we are not going to give sider another appropriations measure up. The PRESIDING OFFICER. The this week prior to resuming the Energy Thus, I ask unanimous consent that, clerk will please read a communication bill next week. Again, Members should at a time to be determined by the ma- to the Senate from the President pro notify the managers of their intention jority leader, in consultation with the tempore (Mr. STEVENS). to offer amendments to the Homeland Democratic leader, the Senate proceed The legislative clerk read the fol- Security bill this morning. The chair- to the immediate consideration of cal- lowing letter: man and ranking member would then endar item No. 89, S. 1019, the Unborn U.S. SENATE, be able to discuss an order of consider- Victims of Violence Act of 2003, under PRESIDENT PRO TEMPORE, Washington, DC, July 23, 2003. ation of these amendments. the following conditions: 2 hours of de- To the Senate: With the schedule announced, I will bate equally divided in the usual form; Under the provisions of rule I, paragraph 3, now yield myself time from my allot- further, that no amendments be in of the Standing Rules of the Senate, I hereby ted time in morning business. order and that all points of order be

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

S9741

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VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.000 S23PT1 S9742 CONGRESSIONAL RECORD — SENATE July 23, 2003 waived; that upon the use or yielding woman and her unborn baby dies, you the murder of the child. But in those back of time, the bill be read a third can be punished for the violence States, those 23 States that do not time and the Senate proceed to a vote against both the mother and the un- have that, if that Air Force base had on passage of the measure, with no in- born child. been located in any of those States, tervening action or debate. But the other side of that story is, in justice would not have been done. The ACTING PRESIDENT pro tem- roughly half of the States in the Union, What we are saying is, it is time for pore. Is there objection? they do not have this law, and in the there to be justice. It is time for there The assistant Democratic leader. Federal Government we do not have to be a Federal law. This law simply Mr. REID. Mr. President, we are very this law. We have been trying to rec- recognizes what every person in this close to a point where we could offer tify this since 1999, which is the first country understands that there is, in the leader the ability to modify his time I introduced this bill. fact, a second victim. unanimous consent request. Senator My colleague LINDSEY GRAHAM, who I yield back to the majority leader. FEINSTEIN, we would ask, would offer is going to speak in a moment, was the The ACTING PRESIDENT pro tem- an amendment which would be a sub- leader in the House of Representatives pore. The majority leader. stitute. Senator MURRAY would offer when they passed the bill several times Mr. FRIST. I thank my distinguished one on domestic relations, and another in the past. So, this is not something colleague from Ohio for his long- Senator would offer one that deals with that just came up in the last few standing leadership on this particular intent. We think there may be one months. issue. We all know the issue has been other amendment, maybe two, that we Let me make a couple comments be- highlighted by the recent tragic events would be able to enter into. Maybe fore I yield to my colleague. First, this with the Peterson family. Again, both later today, or probably tomorrow, has nothing to do with abortion. We my distinguished colleague from Ohio, as well as another colleague I will turn would be the best time to again renew have a very specific exception in this to shortly, have been at this a long the request of the majority leader. bill in very definite language that At this time we cannot agree; there- states it has nothing to do with abor- time. We appreciate their leadership and look forward to addressing this fore, I object. tion. You can’t write it any clearer or The ACTING PRESIDENT pro tem- any plainer than we have written the issue on the Senate floor when we have pore. Objection is heard. language. that opportunity. I would now like to turn to my col- Mr. FRIST. Mr. President, we have Second, let me give an example that league from South Carolina, the cham- been working on this very important will show the compelling need for this pion of this bill when he was in the issue with the other side of the aisle, bill. Even though over half of the House of Representatives before com- and it is absolutely critical that we ad- States now have very similar legisla- tion, consider this situation. Assume ing to the Senate. dress the issue, we believe, as soon as I yield to my friend from South Caro- that an airman stationed at Dover Air possible. Therefore, I am very pleased lina. that we are hearing what the nature of Force Base in Delaware attacks a preg- The ACTING PRESIDENT pro tem- the amendments might be. This is the nant woman—his girlfriend, wife, pore. The Senator from South Caro- first time I have heard what those someone he doesn’t know. Assume his lina. amendments could possibly be. I look intent is to terminate her pregnancy Mr. GRAHAM of South Carolina. Mr. forward, again, to working to bring and he savagely beats her with a spe- President, I thank the majority leader this bill to the floor as soon as pos- cific intent to terminate that preg- and publicly acknowledge all the hard sible. nancy. Assume that, in fact, that is work on his behalf, working with my I am sorry that my friend from Ne- what happens, and the child does, in colleagues on the Democratic side. vada objects to bringing up this bipar- fact, die. Under current Federal law, Senator FRIST has been very respon- tisan bill now. We believe it is a criti- the only thing the Federal prosecutor sive, trying to get this bill up for a cally important bill that does deserve could charge him with is the assault vote, and it seems we are making prompt consideration. against the mother. The reason for progress. In terms of our leadership, I Sharon Rocha, the mother of Laci that is there is no Federal law such as could not be more pleased with the ef- Peterson and the grandmother of Con- the one we are talking about, and Dela- forts he has made to fill in this gap. nor Peterson, has written an eloquent ware does not have a law. The Laci Peterson case probably ex- letter asking that the Senate quickly That is not right. That is not justice. plains the dynamic better than I could pass this bill, pass this bill as soon as We need to say that is not right. We ever explain it. However, there has possible. need to close that loophole because ev- been an ongoing fight to fix this prob- The House of Representatives, as my eryone in this country, I believe, recog- lem of the Federal law for many years. colleagues probably know, has passed nizes there is a second victim, and it is Senator DEWINE has been the cham- this very bill twice but the bill keeps not just, it is not right that that child pion of this bill in the Senate. When I being blocked in the Senate. should not be recognized as a victim. first introduced it in the House, in the I know my colleague from Ohio, who And there is no one in this country who 106th Congress, it passed by 254 votes to is the sponsor of the Unborn Victims of believes that man should walk away 172 with over 50 Democratic Members. Violence Act, has been working very with the only charge against him being A lot of pro-choice people voted for the hard, mentioning to me almost daily a simple assault. bill because America does divide on a the need to get this bill to the floor as We had a case in Ohio a few years ago woman’s right to choose evenly. But soon as possible and to address this im- that turned out differently. It was a when you ask Americans if a woman portant issue. tragic case, but at least justice was chooses to have the child and that Thus, I yield to my distinguished col- done. It was the exact same case—a child is harmed while she is pregnant league from Ohio. man was stationed at Wright-Patterson through criminal assault, about 80 per- The ACTING PRESIDENT pro tem- Air Force Base, an airman, had a preg- cent of Americans, Democrats and Re- pore. The Senator from Ohio. nant girlfriend. He decided that he was publicans, say together that the crimi- Mr. DEWINE. Mr. President, I thank going to end her pregnancy. He sav- nal should be prosecuted for both my colleague. agely beat her, terminated her preg- events, damage to the mother and the I am sorry we are not able to bring nancy. She aborted and lost her child. child. this bill up today. I hope that what I The Federal prosecutor gets the tragic There is a lot of bipartisan support hear from my colleague from Nevada is case and finds out there is no Federal for this bill. It passed in the 106th Con- encouraging words and that we will be law that says he can charge. He looks gress in the House, 107th Congress in able to get an agreement shortly. around and says: What am I going to the House with over 250 votes, with Let me say, as my colleague from do? Fortunately, Ohio had just passed a Democrats and Republicans, pro- Tennessee, the majority leader, has law similar to this. So under the Fed- choice, pro-life people coming together. pointed out, that now in over half the eral assimilative law he was able to as- Senator DEWINE has been an advocate States in the Union, if you commit a similate the Ohio law into the Federal for this bill since it originated. I thank crime of violence against a pregnant code and was able to charge him with him.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.002 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9743 The reason we need this bill is be- day on the real progress being made in takes all of that to help protect the cause there are more events such as Iraq and on the reconstruction and re- American people. this than you would want to believe constitution that is going on there. Mr. President, I yield the floor. where people attack pregnant women, Then we had the news that began late f causing them to lose their child, and in in the morning, and was confirmed in RESERVATION OF LEADER TIME a certain class of cases where the Fed- the afternoon, that Saddam’s two sons, eral jurisdiction is the exclusive form Uday and Qusay, have been eliminated The ACTING PRESIDENT pro tem- of prosecution, there is no right under as threats to Iraqi freedom. pore. Under the previous order, leader- Federal law for a prosecutor to go after It was truly a remarkable day. We ship time is reserved. the harm done to the unborn child. are driven by headlines so much. They f influence us in such a direct way. As In the Oklahoma City bombing case MORNING BUSINESS there was a lady working for the DEA. we looked at these three sequences of She was a secretary, Carrie Lenz. On events, you could not help but feel The ACTING PRESIDENT pro tem- the day of the bombing, she came to pride and optimism as we move forward pore. Under the previous order, there work early to show her coworkers an in this fight for freedom around the will be a period of morning business ultrasound picture of her unborn child, world. until the hour of 10 a.m., with the first Michael Lenz III. She was showing her We do greet the news yesterday, with 15 minutes under the control of the ma- coworkers the ultrasound picture and the elimination of Saddam’s two sons, jority leader or his designee, the next the building blew up, killing her and with pride and with respect—respect 15 minutes under the control of the her child. In the House when we were for our troops, for our military men Senator from Texas, Mrs. HUTCHISON or doing hearings on this bill, the father, and women who have devoted their her designee, and the final 30 minutes Michael Lenz, came to testify. He told lives and demonstrated an unmatched under the control of the minority lead- us in very emotional, eloquent terms professionalism and maturity. It is er or his designee. that that day he lost two things. He clear—we have no doubt—that we have The Senator from Minnesota is rec- lost his son Michael James Lenz III and waged a just war, that the bloody ty- ognized. he lost his wife. If this law had existed, rant Saddam Hussein has been de- f the prosecutor would have been able to feated; that Iraq is better without Sad- DISSENT IN AMERICA prosecute Timothy McVeigh for two dam and his diabolical offspring terror- acts of violence, not one. izing and murdering the Iraqi people; Mr. COLEMAN. Mr. President, as the We need this bill. Unfortunately, and indeed America is better off with- majority leader noted, yesterday was a these events do happen. And when they out Saddam Hussein and his murderous remarkable day. I had a chance to lis- do happen, most Americans, a high per- cabal that had been in power, which ten to Ambassador Bremer. As a centage in polling, Democrats and Re- clearly sat back and had plans and car- former mayor, I understand how dif- publicans in the House and I do believe ried out terror and domination and ficult it is to have cities function— in the Senate, would want the full mass murder. electricity, water, and other chal- weight of the law to go against defend- It is a tough road. In talking to Am- lenges, kind of the basics. I marvel at ers who attack pregnant women. I be- bassador Bremer, it is clear that our the challenge that Ambassador Bremer lieve this bill will be signed by the reconstruction and capturing what we is facing. President because he said he would know this is all about, which is in the The good news is that we are making sign it. I know it will pass the House. words ‘‘Operation Iraqi Freedom’’—it is tremendous progress in Iraq. Yesterday If we can get a vote in the Senate, it freedom that we have fought for and was a good day because two of will pass the Senate with a strong bi- that we continue to fight for. This will Saddam’s diabolical offspring, as the partisan vote. continue to take time and patience. It majority leader said, are dead. It is I thank Senator FRIST for pushing will continue to take resources from kind of strange to say that the death of this measure, and I hope we can accom- this body. But for the first time in 30 any individual is a great thing. But modate our friends on the Democratic years, the Iraqi people are free to live here we are talking about the most side to get a vote on this bill so that without fear and without tyranny. brutish, thuggish, reprehensible indi- we can do something that will be very They are participating for the first viduals who terrorized those with positive in this Congress, and that is time in 30 years in the planning and whom they came into contact. There make sure the people who attack preg- the future of their own government. were celebrations in the streets of nant women get whacked as hard as we Indeed our hearts go out to the fami- Baghdad yesterday with news of the can whack them. lies who have lost loved ones on the death of Saddam’s sons. Mr. FRIST. Mr. President, in closing, battlefield and who continue to lose So in this time of good news, yet at I look forward to working with the them in this effort. Each day it seems the same time that American lives are Democratic leadership in terms of we are greeted with another distressing being lost, that the path to liberation bringing this to the floor of the Senate story of a Baathist attack. We are enti- of Iraq and ultimately freedom and de- as soon as possible. It really does boil tled to feel this grief and, indeed, this mocracy and greater stability in that down to the fundamental question of frustration. But in honor and respect region is a difficult one, I think it is when a criminal attacks a pregnant for the individuals who have given important to come to the floor of the woman, killing both the woman and their lives, and who continue to give Senate to reaffirm the justice and pur- her unborn child, has there been one or their lives to protect our freedom, we pose of American and coalition efforts two victims? That is what this legisla- must remain resolute. We must keep in Iraq. My only regret is that it is nec- tion addresses in a very direct fashion. pressing forward. We cannot let that essary to do so. Mr. President, I ask that my fol- headline of the day dictate our overall We have a great tradition of dissent lowing remarks be taken from leader policy. in America, and we need people to ask time. Our President and our troops are out the tough questions. But just because The ACTING PRESIDENT pro tem- protecting the security of our Nation, we value dissent doesn’t make that dis- pore. The leader has that right. and we are leading at the same time sent right or just. At a time when lives f another nation in a systematically are being risked and lost, when Amer- planned, strategic, organized way to ica and her friends are trying to do A REMARKABLE NEWS DAY freedom. In so doing, we are making something which is both very difficult Mr. FRIST. Mr. President, yesterday ourselves and future generations more and supremely important, this is a mo- was a remarkable day in many, many secure. ment where unity should be at a pre- ways. Private First Class Lynch re- We will succeed. It will take pa- mium. turned to her home after so many tience. It will take determination. It Yet out on the campaign trail we are weeks and months away. She is a true will take resolve. It takes all of that to observing a mixture of Monday morn- American hero. We had Ambassador bring our enemies to justice. It takes ing quarterbacking, political oppor- Jerry Bremer brief 65 Senators yester- all of that to free the Iraqi people. It tunism, and media exaggeration which

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.005 S23PT1 S9744 CONGRESSIONAL RECORD — SENATE July 23, 2003 threaten to deprive us of perspective was an impossible, protracted war will grow up in a more peaceful cen- and resolve when we need it most. against devoted Iraqi forces. When tury because we saw our duty and America came into its own as a there was early success, the argument stuck to it until we finished the job. major player on the world stage at the shifted to criticize that the war would Prime Minister Blair gave us a rare beginning of the 20th century, in part take months rather than days, and now and beautiful insight on our role at because of the leadership of a great with the hard work of rebuilding the this time. It was an honor for me to be American President, Theodore Roo- country—not from American war dam- in that Chamber. It is a moment as a sevelt. As we consider our role in our age but from decades of Saddam’s eco- freshman Senator that I will never for- new century, I think it is important to nomic devastation—the focus is on get. It is important to reflect. He said: reflect on some words from Theodore what was said and understood and com- And I know it’s hard on America, and in Roosevelt. He said: municated before the war began. It re- some corner in this vast country, out in Ne- It is not the critic who counts: not the man flects an attention span and a degree of vada or Idaho— who points out how the strong man stumbles patience measured out in new cycles. He could have inserted Minnesota or or where the doer of deeds could have done Part of Saddam’s evil is deception better. The credit belongs to the man who is New Hampshire— actually in the arena, whose face is marred and the desire to humiliate us. To give or these places I’ve never been to, but always by dust and sweet and blood, who strives val- him credibility—‘‘maybe he didn’t have wanted to go, I know out there there’s a guy iantly, who errs and comes up short again weapons of mass destruction’’—and getting on with his life, perfectly happily, and again, because there is no effort without then question our own leaders is ludi- minding his own business, saying to you, the error or shortcoming, but who knows the crous. Can we actually question the political leaders of this country: Why me? great enthusiasms, the great devotions, who justification of this war because we And why us? And why America? And the spends himself for a worthy cause. . . . have not yet found weapons of mass de- only answer is: Because destiny put you in Let me reiterate the worthiness of this place in history, in this moment in time struction in a matter of months that a and the task is yours to do. the cause we have undertaken. We live master of deception had years to hide in a world where we are more con- in an area the size of California? Let’s pull together, recognize the re- nected than we ever imagined we could My question to the critics is simple: alities we face, commit for the long be. The benefits of globalization to What is your alternative? We live in and difficult haul ahead, and move for- consumers and impoverished millions the real world, not a Hollywood stage. ward. Nothing worthwhile is easy, but are clear. But so are the risks. Sep- There are evil people who want nothing it never has been for America. tember 11 showed us how vulnerable we more than to destroy us, and they un- I applaud our young men and women are and reduced our acceptable toler- derstand only the language of force. who are on the front lines, who are ance level for brutal leaders who wish They will not rest while we sit around doing the hard work for all of us, but to harm our people. saying: If only . . . if only . . . if only we will all benefit from their efforts. Saddam Hussein’s danger to his . . . if only. I thank the Chair, and I yield the neighbors, the Middle East region, and Last night I had a wonderful con- floor. the world has been an unquestioned as- versation with Mayor Kevin Finnegan Mr. BAUCUS. Mr. President, I sug- sumption of American foreign policy of West St. Paul, MN. He has a son and gest the absence of a quorum. for more than a decade. He flaunted the a daughter-in-law serving in Iraq. His The ACTING PRESIDENT pro tem- authority of the world community and message to me was simple: We need, pore. The clerk will call the roll. the United Nations, ignoring 17 solemn Senator, to stay the course, to keep The legislative clerk proceeded to resolutions directed against his re- our eye on the ball. We have rid the call the roll. gime. He failed to account for 30,000 li- world of Saddam’s leadership. Let’s Mr. BAUCUS. Mr. President, I ask ters of biological toxins, 3.9 tons of work for democracy and stability in unanimous consent that the order for nerve agents, and tens of thousands of Iraq. the quorum call be rescinded. munitions capable of delivering them The more we talk about weapons of The ACTING PRESIDENT pro tem- against targets. He aggressively pur- mass destruction, the harder it is to pore. Without objection, it is so or- sued nuclear weapons. The Israelis achieve our ultimate underlying objec- dered. wiped out an Iraqi nuclear function in tive: the liberation of Iraq. f 1981. In the real world, there are choices to In 1991 and after the gulf war, we CHILD TAX CREDIT be made, challenges to be dealt with, found solid evidence of him attempting and burdens to be carried. This is not a Mr. BAUCUS. Mr. President, it has to pursue nuclear weapons. He har- game with a reset button. America been 48 days since the Senate passed bored and supported terrorists. He de- must stay the course. To pull out now the Lincoln-Snowe bill to provide child stroyed the lives of hundreds of thou- would be a victory for terrorists of tax credit to the families of 12 million sands of his own people. He ruthlessly unimagined proportions. We must stay children. Twelve million, Mr. Presi- cannibalized the assets and resources the course to show our resolve. And yet dent, is not a small number of children of the Iraqi people to support his tyr- in America. The House then passed a anny and lavish lifestyle. every loss of life for an American serv- different child tax credit bill. Some people shy away from the term ice person is a tragedy, but we should Thirty-five days ago, the Senate ap- ‘‘evil,’’ but I would ask them: Is there not fail to recognize those lives are not any form of evil that is not part of the being lost in vain. pointed conferees to work out the dif- confirmed record of Saddam Hussein? From the devastation and corruption ferences between the two bills—35 To rid the world of a person such as of Saddam’s reign, freedom and order days—and the conference has yet to this and a regime such as this—an evil are being restored. When we under- hold its first meeting. regime, an evil person—is ultimately stand the depths to which he took that On July 25, just 2 business days from just and wise and the right thing to do. society, we recognize the time it will today, many families will begin receiv- Do the critics dispute this? Not di- take to bring it back. Murderers, ing checks for the increased child tax rectly. They criticize the means to thugs, and terrorists owned the streets credit, but millions of families will find that end. They support our troops but of a whole nation. Slowly but surely, their mailboxes empty. Why? Millions not the military leaders or their stated we are prying them loose from their who hoped for such a credit will not re- mission. They support protecting bloody hands. ceive it. Why? Because the conference American interests but not in this par- There is a city council now in Bagh- has not met and the House has not ticular way on this timetable or at this dad, and yet as a former mayor, I ask agreed to the Senate provision. The cost. They want results, but they want the question: Haven’t they suffered Lincoln-Snowe bill, however, would en- them more quickly and at lesser or no enough? But there is democracy com- sure that these families are not left be- cost. But at some point, endlessly criti- ing back to Iraq. Winning the peace hind. In 2 working days, the House cizing the means calls the ends into will take longer than winning the war, plans to adjourn for the remainder of question. but victory will be ours. The great vic- the summer, not addressing this impor- The flow of the argument has been tors will not only be the Iraqi people tant question. We must, rather, send a interesting. Before the war began, this but children of the whole world who bill to the President before that time

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.008 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9745 so that millions of children can receive percent of poverty. What happens to credit, which is 10 percent refundable, the benefit. that family? If they earn an additional brings their marginal rate down to 26 Just a few years ago, in 2001, the dollar of income, they lose 21 cents of percent. In 2005, the refundability of President brought a tax reduction pro- the earned-income tax credit they re- the child credit will increase to 15 per- posal to Congress. The proposal was ceive. They lose it because of the cent. This family’s marginal rate will based upon the premise that taxpayers phaseout of the earned-income tax then go down to 21 percent, from 26 across the board were paying too much credit. They pay payroll taxes of 15 percent. of their income in taxes. The President cents if we include both shares of the We have all heard the argument for included the working poor, citing ex- payroll taxes, as most economists do. immediate tax relief: If tax relief is tremely high marginal rates. At the And they pay 10 cents in Federal in- good enough in a few years, it is good time, the working poor faced marginal come tax. This adds up to a marginal enough today. We have heard it con- rates above 50 percent, among the high- rate of 46 percent for a family of four stantly. It is a constant refrain in this est marginal rates faced by any tax- earning $27,000. This is how it is broken body. This was the theory behind payer. down: Income tax, 10 percent; payroll President Bush’s jobs and growth pack- What does that really mean? That tax, 15 percent; and because of the way age, which accelerated marginal rate means that for the working poor, with the Tax Code works, and the earned-in- reductions for millions of taxpayers, their marginal rates above 50 percent, come tax credit phases out, that including those making $100,000, for every extra dollar that a person in amounts to a 21-percent marginal rate $200,000, or even $1 million. For a fam- that category earned, more than half of that taxpayer has to pay. So for every ily making $100,000, the marginal in- that would be taxed, and less than half additional dollar this family makes, come and payroll tax rate was reduced would then be kept by the taxpayer. they keep only 54 cents. Forty-six in that package from 30 percent to 28 That is the effect of the high marginal cents on every additional dollar made percent. For the family making rate of the working poor. goes to the Federal Government. We $200,000, the rate was reduced again The President’s economic advisers are not even talking about State taxes. from 38 percent to 36 percent, and for called this an ‘‘egregious problem’’ in We are just talking about Federal millionaires the rate was reduced from our Tax Code. On the campaign trail, taxes. So State taxes could be a lot almost 42 percent to 38 percent. candidate George Bush pledged that, The provision that would have re- more. ‘‘lowering these barriers to the middle How does this compare with other duced the marginal rate for low-income class’’ was one of his top priorities. taxpayers? This family making $27,000 working families, that is the increase I worked with the President in 2001 to faces a higher marginal rate today in child tax credit refundability, was reduce the marginal rates for working specifically excluded from the final Americans. I think he was right. The than a similar family making $100,000, $150,000, or $200,000 as shown by the bill. If marginal rate reductions are bill we enacted included marginal rate good enough for the wealthy today, are cuts for taxpayers across the board. It same chart shown earlier. It is very clear that lower income persons pay they not good enough for the working also included two provisions specifi- poor? The answer from the Senate was higher marginal tax rates. In fact, this cally targeted at reducing the marginal a resounding yes. The Lincoln-Snowe family has a marginal rate that is rate for low-income workers. First, it bill to reduce marginal rates for the higher than the wealthiest taxpayers reduced the lowest marginal rate; that working poor immediately passed the in America, if my colleagues can be- is, the tax paid on the first dollar of Senate almost unanimously. taxable income from 15 percent to 10 lieve that. The marginal rates for the low-in- If we are supposed to be encouraging percent. Second, it made the child tax come working families are still too people to work, logically lower income credit partially refundable for working high. Passing the Lincoln-Snowe bill is Americans would have a lower mar- families. Currently, the child credit is an improvement. This improvement ginal rate because we want to encour- refundable up to 10 percent for a fam- will provide additional incentives to age people, particularly in that cat- ily’s income above $10,500. In 2005, this work and earn the extra dollar, which amount is set to increase to 15 percent, egory, to earn an extra dollar. But our is basically what tax reduction is all up from 10 percent. Tax Code is so perverse it causes the about, and it would shrink what the The marginal rates for working tax- reverse result. It is far higher than the President has called barriers to the payers are less than they were before corporate rate of 35 percent. middle class. the 2001 bill was passed, and they will Just think of that. I do not think We have 2 working days left, 2 days be less in 2005. I believe, frankly, we many people know that. That is, lower to convene this conference, work out should do more. income working families, families with our differences, send this bill to the Under current law, taxpayers in the a $27,000 income, pay a higher marginal President; 2 days to ensure that low-in- lower income brackets face marginal rate than corporations do. I do not come working families receive the rates as high as 46 percent, as rep- think most Americans know that, and same tax relief that is promised to the resented by this chart. That is, under if most Americans did, they would rest of America’s families, and 2 days current law taxpayers in the lower in- think that is not right. Hence, many of remaining to ensure we fix this prob- come brackets face marginal rates as us are today urging the Congress, urg- lem. Even President Bush agrees this is high as 46 percent. This chart shows ing the other side of the aisle in par- an egregious problem in the Tax Code. that for a married couple with two ticular, to work with the House and I strenuously urge us to put politics children, with an income of $27,000, the pass a child tax credit in the remaining aside and do what is right and convene marginal rate is 46 percent. Compare 2 days before the House adjourns for this conference committee. Let’s get that with the marginal rate of higher the summer recess. this passed in the next 2 days before income Americans. For a family with Senators LINCOLN and SNOWE deserve the House adjourns for the summer. two children, a family of four, with a lot of credit. They have led the effort I yield the floor, and I suggest the ab- $100,000 of income, the marginal rate is to reduce the marginal rates for work- sence of a quorum and ask unanimous only 28 percent. That is, the Govern- ing families. They began in 2001 when consent that the time be equally di- ment takes 28 cents of the next dollar they fought to ensure that low-income vided on both sides. earned by a family in the $100,000 in- working families would be able to re- The ACTING PRESIDENT pro tem- come bracket. ceive a refundable child credit, and pore. Without objection, it is so or- Correspondingly, it rises as the in- they are now fighting to ensure that dered. The clerk will call the roll. come rises but not much, and still not these families receive the full child tax The legislative clerk proceeded to nearly as high as a working family credit today. call the roll. with $27,000 total income. Their mar- I will explain how the refundable Mr. HARKIN. Mr. President, I ask ginal rate is 46 percent. It is much child credit reduces the marginal rate unanimous consent that the order for higher than the marginal rate is for for working families. Let’s take a fam- the quorum call be rescinded. higher income Americans. ily of four making $22,000. Without the The PRESIDING OFFICER (Mr. So let’s take an example. A family of refundable child credit, their marginal CHAFEE). Without objection, it is so or- four making $27,000, that is about 150 rate would be 36 percent. The current dered.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.012 S23PT1 S9746 CONGRESSIONAL RECORD — SENATE July 23, 2003 Mr. HARKIN. Mr. President, par- term unemployment has tripled. We cies, and we built up a surplus. That liamentary inquiry: What is the status are in the slowest economic growth in surplus was intended to be used to pay of the floor situation? over 50 years. And one other item: A off our debt to provide for security for The PRESIDING OFFICER. The Sen- huge drop in the value of pensions. A those who are going to be retiring very ate is in a period of morning business. $100,000 pension invested in Standard & soon. The minority controls 131⁄2 minutes and Poors stocks at the beginning of this Now, because of the economic mal- the majority controls 1 minute. administration is now worth $26,000 practice of this administration, the Mr. BAUCUS. How much time would less. forecast is for even bigger deficits than the Senator like? We do not hear a lot of talk from the what we have had in the past, going on Mr. HARKIN. Ten minutes. administration, at least openly, about into the future with no end in sight. So Mr. MCCONNELL. Parliamentary in- privatizing Social Security any longer. the President’s policies eat up all the quiry: Is there an agreement under Just think, if you are just getting reserves we were going to use for So- which the Senator from Kentucky ready to retire, and this administra- cial Security and they have turned should be recognized at 10 a.m.? tion’s privatization policies for Social them into debt. The PRESIDING OFFICER. There is Security had been in effect, and you Under this President’s program, no order at this time. had $100,000 in your pension funds in these explosive deficits just keep going Mr. MCCONNELL. How long will the something that everyone believed on and on and they keep getting worse. Senator from Iowa speak? would be very safe, it would now be We tried this supply-side economic tax Mr. HARKIN. Ten minutes. worth $74,000. You would have lost policy in 1981, and both the deficits and Mr. MCCONNELL. I ask unanimous $26,000 in 3 years. That is why I have unemployment skyrocketed, resulting consent I be allowed to follow the Sen- said this administration is committing in our prior deficit record. ator from Iowa. economic malpractice. It is economic In 1993, we tried to reverse supply- Mr. BAUCUS. Reserving the right to malpractice at its worst. We keep hear- side policies. I just might note for the object, would the Chair inform the Sen- ing about medical malpractice, but record, every Republican in the Senate ate of the present parliamentary situa- this is economic malpractice because and every Republican in the House tion? for the long term we face millions of voted no. They all predicted economic The PRESIDING OFFICER. The Sen- retiring baby boomers and large in- disaster. Instead, we got out of the hole ate is in a period of morning business. creases in Social Security and Medi- and we got into record surpluses. Un- The majority controls 131⁄2 minutes— care. We have a great need to invest in employment dropped year after year, 121⁄2 minutes now, and the minority the education of our children and to wealth increased all over America, av- controls 1 minute. protect our children with homeland se- erage people saw their incomes rise. Mr. BAUCUS. I ask if the Senator curity. But this administration has one So when this President came into of- could perhaps yield until after we com- answer to all our problems: More tax fice in 2001, what did he do? He pushed plete morning business. It is possible cuts for the wealthy. a huge tax cut primarily aimed at the others may want to speak on the sub- I think it is worth looking at history. wealthy. Deficits skyrocketed, jobs ject set aside for this morning during Faced with high unemployment, Presi- were lost, and the unemployed stayed morning business. dent Franklin Roosevelt said to Con- that way for longer and longer. In 2003, Mr. MCCONNELL. I simply ask unan- gress on May 24, 1937: it is a repeat of what they did in 2001— imous consent I be allowed to speak for We know that overwork and underpay do economic malpractice. 10 minutes as in morning business im- not increase the national income when a On February 12, Mr. Greenspan said: mediately following the Senator from large portion of our workers remain unem- ployed. Reasonable and flexible use of the There’s no question that as deficits go up, Iowa. long-established right of Government to set contrary to what some have said, it does af- The PRESIDING OFFICER. Without and change working hours can, I hope, de- fect long-term interest rates. It does have a objection, it is so ordered. crease unemployment in those groups in negative impact on the economy unless at- tended. f which unemployment today principally ex- ists. We are not attending to it. In fact, THE DEFICIT Those are the words of President what is happening with this adminis- Mr. HARKIN. Mr. President, I have Franklin Roosevelt in 1937. tration is that it is getting worse, the come to the Senate floor on a number So what did Congress do? Congress deficits are getting bigger. On July 16, of occasions concerning the exploding passed time-and-a-half pay for over- Mr. Greenspan said: deficits being built up by this adminis- time to increase jobs. Yet, faced with There is no question that if you run sub- tration, as well as the very poor per- rising unemployment, this President stantial and excessive deficits over time, you formance of the national economy wants to take away time-and-a-half are draining savings from the private sector, since this administration took office. from millions of Americans who re- and other things being equal, you do clearly The recent Office of Management and ceive a higher income because of it. undercut the growth rate of the economy. Budget, OMB, projections are espe- This President, through the promulga- That is what is happening. cially noteworthy. tion of new rules and regulations, Some on the right say they have a We now see the White House foresees wants to remove the incentive that way to reduce the deficit that will a 5-year debt increase of $1.9 trillion, a overtime pay provides to employers to grow larger and larger. They say re- record $455 billion deficit this year, a hire more workers. This is an anti-job- form Social Security and Medicare. $475 billion deficit next year. Each of growth policy. In fact, this President What they mean is, by privatizing it, those numbers signifies a terrible threatened to veto a House appropria- cut Social Security, cut Medicare, cut record of performance and record-set- tions bill if that bill said no to cutting them deeply. They see too much being ting deficits. With each report the defi- time-and-a-half for overtime—again, spent on our children’s education. They cits get deeper and deeper. Next year’s economic malpractice. think that ought to be cut, too. $475 billion deficit represents over The President’s OMB Director says I have an alternative view. I think $1,600 for every man, woman, and child the projected budgets are ‘‘manage- the economic malpractice of this ad- in America. That is the equivalent of able.’’ But when we look at the oper- ministration and supply-side econom- adding to each citizen’s credit card ating budget for next year, using ics must end and we have to return to $1,600 upon which we will be required to OMB’s own numbers, we face a deficit economic sanity in this country. Look pay interest year after year after year equal to 5.7 percent of our GDP, our at those who are unemployed for 3 ad infinitum. gross domestic product, the second months, 6 months, a year—hurt eco- In the past 3 years, we have seen the largest since 1946. nomically, families hurt, marriages de- worst record of job creation since the These are the budget deficits ex- stroyed, futures lost. Look at our Afri- Presidency of Herbert Hoover, with pected just for the next few years. In can-American community and the His- over 3 million jobs lost. This is the 2000, as we can see, we had budget sur- panic community, which are suffering only administration in 70 years with a pluses. During the 1990s, we paid off our huge unemployment levels. Look at decline in private sector jobs. Long- debts, we had wise tax-and-spend poli- teenagers who cannot find jobs and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.014 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9747 wonder how they are going to be able so he could rape them. The London-based prostitutes taken off the Internet, complete to afford rising college tuition, which human-rights group Indict said Odai ordered with handwritten ratings of each. in many cases has doubled in the last prisoners to be dropped into acid baths as There were bags and boxes of pills and couple of years. Look at the disabled punishment. medicines everywhere—ginseng sexual for- The Caligula-like Odai seemed proud of his tifiers, heartburn medication, the anti-de- who are being fired to cut health care reputation and called himself Abu Sarhan, pressant Prozac—and an Accu-Rite HIV insurance, and they are not being re- an Arabic term for ‘‘wolf.’’ Antibodies Screening Test Kit was in Odai’s hired and people are not reaching out But his tendency toward erratic brutality office. the hand to hire people with disabil- even exasperated Saddam, who temporarily Nearby was a domed house believed to be ities because of the rising cost of banished Odai to Switzerland after the the residence of Odai’s concubines, a bastion health insurance, and the pressures are younger Hussein killed one of his father’s fa- of bad taste with statuettes of couples in growing to cut Social Security and vorite bodyguards in 1988. foreplay, couches with fluffy pillows and a The bodyguard, a young man named Kamel swimming pool with a bar. Medicare as these deficits grow. Gegeo, arranged trysts for the Iraqi presi- Only an ideologue who thinks of dent—notably with one woman who later be- QUSAI HUSSEIN, YOUNGER SON OF SADDAM shrinking Government, whatever the came Saddam’s second wife. Worried that his BAGHDAD, IRAQ.—Qusai Hussein, Saddam cost, could possibly think we are on father’s relationship with the woman could Hussein’s younger son, held wide-ranging the right path. As Congressman threaten his own position as heir, Odai beat powers over the nation’s ruthless security SPRATT in the House has said of the Gegeo to death with a club in full view of apparatus that made him one of the most policies of this President and what the guests at a high-society party, according to feared men in Iraq. Congress is now following: some reports. Other reports said Odai killed Qusai is No. 2 on the U.S.-led coalition Gegeo with an electric carving knife. forces’ list of the 55 most wanted men from There seems to be no shame, no shock, and Odai has once been a strong candidate to the former Iraqi regime, behind only Saddam no solution. succeed his father, but he was badly injured himself. He is also on a Bush administration in 1996 in an assassination attempt by gun- We must reject these policies. We list of former Iraqi regime members who men who opened fire as he drove his red must reject the economic malpractice could be tried for war crimes. Porsche through Baghdad. The attack left of this administration and move back Quiet, handsome and every bit as brutal as Odai with a bullet in his spine that forced to economic sanity in our country. Saddam, the 37-year-old Qusai headed Iraq’s him to walk with a cane. Younger brother intelligence and security services, his fa- I yield the floor. Qusai was instead groomed to succeed Sad- ther’s personal security force and the Repub- The PRESIDING OFFICER. The Sen- dam, worsening already uneasy relations be- lican Guard, an elite force of 80,000 soldiers ator’s time has expired. Under the pre- tween the two brothers. responsible for defending Baghdad. vious order, the Senator from Ken- Odai owned Iraq’s most widely circulated He stayed out of the public eye and led a daily newspaper, Babil, which he used as a tucky is recognized. substantially more subdued private life than platform for regime propaganda, published f his older brother Odai, who collected luxury signed editorials full of bombastic rhetoric. cars by the hundreds and had a habit of or- THE DEATH OF QUSAY AND UDAY He also oversaw Al-Zawra, a weekly pub- dering his guards to snatch young women off HUSSEIN lished by the journalists union that he head- the street in order to rape them. Iraqis nick- ed, and owned the popular Youth TV. Mr. MCCONNELL. Mr. President, Much of Odai’s notoriety abroad stemmed named Qusai ‘‘The Snake’’ for his blood- normally in our country we don’t ap- from his position as head of the National thirsty but low-profile manner. plaud the death of anyone. We value Iraqi Olympic Committee, which was ac- Qusai was far more trusted by his father life greatly. But today we do indeed ap- cused of torturing and jailing athletes. and appeared to be his heir before the regime plaud the death, the removal, of two of The London-based human rights group In- crumbled. In televised meeting with top se- dict said the committee once made a group curity and military men, Qusai was seated the most vicious criminals who ever next to his father, wearing well-tailored lived. Yesterday we heard confirmation of track athletes crawl on newly poured as- phalt while they were beaten and threw some suits and dutifully noting his father’s every that the 101st Airborne—I can proudly of them off a bridge. Indict also said Odai ran word. say headquartered in Fort Campbell, a special prison for athletes who offended An exiled dissident told The Associated KY—in a raid on a house in Mosul, him. The International Olympic Committee Press that only Qusai and Saddam’s private killed Uday and Qusay Hussein, two of in Lausanne, Switzerland, said earlier this secretary, Abid Hamid Mahmud al-Tikriti, the biggest monsters who ever walked year that it was investigating the allega- who was captured in June, were kept in- the face of the Earth. tions. formed of Saddam’s whereabouts. Odai was One defector told Indict that jailed soccer thought to be too reckless to be trusted with Mr. President, I ask unanimous con- such information. sent that two Associated Press obitu- players were forced to kick a concrete ball after failing to reach the 1994 World Cup Experts do not believe Qusai played a sig- aries be printed in the RECORD at this finals. Another defector said athletes were nificant role in the Gulf War of 1991. But he point, but I want to take a look at dragged through a gravel pit and then was a leading figure of terror in the con- those obituaries because I think they dunked in a sewage tank so infection would flict’s aftermath, using mass executions and tell you a lot about what this war was set in. torture to crush the Shiite Muslim uprising all about. Army officers also were fair game for after that war. There being no objection, the mate- Odai’s outbursts of violence. In 1983, Odai re- Qusai also helped engineer the destruction of the southern marshes in the 1990s, an ac- rial was ordered to be printed in the portedly bashed an army officer unconscious when the man refused to allow Odai to dance tion aimed at Shiite ‘‘Marsh Arabs’’ living RECORD, as follows: with his wife. The officer later died. Odai there. ODAI HUSSEIN, OLDEST SON OF SADDAM also shot an army officer who did not salute The marshes—roughly 3,200 square miles— BAGHDAD, IRAQ.—Odai Hussein, the mur- him. had provided the necessities of life for tens of derous and erratic oldest son of Saddam Hus- Things were hardly better on the family thousands of marsh dwellers for at least 1,000 sein, controlled propaganda in Iraq and al- front, where relations between Odai and his years. The area was destroyed through a legedly oversaw the torture of athletes who uncles were especially bad. Oadi reportedly large-scale water diversion project intended failed to perform. divorced the daughter of one uncle, Barzan to remove the ability of insurgents to hide The 39-year-old is No. 3 on the list of 55 Ibrahim Hasan, in 1995 after she complained there. most-wanted men from the former Iraqi re- of being beaten. Odai shot and wounded an- Qusai also oversaw Iraq’s notorious deten- gime—only Saddam and younger brother other uncle, Watban Ibrahim Hasan. Both tion centers and is believed to have initiated Qusai ranked higher. The three also are on a uncles were captured after the war and are in ‘‘prison cleansing’’—a means of relieving se- U.S. list of former regime members who the custody of U.S. coalition forces. vere overcrowding in jails with arbitrary could be tried for war crimes. While millions of Iraqis suffered dire pov- killings. As head of the paramilitary Fedayeen Sad- erty, Odai lived a life of fast cars, expensive Citing testimony from former Iraqi intel- dam paramilitary unit, Odai helped his fa- liquor and easy women. When U.S. troops ligence officers and other state employees, ther eliminate opponents and exert iron- captured his mansion in Baghdad, they found New York-based Human Rights Watch said fisted control over Iraq’s 25 million people. a personal zoo with lions and cheetahs, an several thousand inmates were executed at The eldest of Saddam’s five children, Odai underground parking garage for his collec- Iraq’s prisons over the past several years. was elected to parliament in 1999 with a re- tion of luxury cars, Cuban cigars with his Prisoners were often eliminated with a bul- ported 99 percent of the vote, but he rarely name on the wrapper, and $1 million in fine let to the head, but one witness told the Lon- attended parliament sessions. wines, liquor—and even heroin. don-based human rights group Indict that in- Iraqi exiles say Odai murdered at will and Odai’s obsession with sex was evident ev- mates were sometimes murdered by being tortured with zeal, and routinely ordered his erywhere: The house was adorned with paint- dropped into shredding machines. Some pris- guards to snatch young women off the street ings of naked women and photographs of oners went in head first and died quickly,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.017 S23PT1 S9748 CONGRESSIONAL RECORD — SENATE July 23, 2003 while others were put in feet first and died virtually all of the movements were under the citizens of Iraq for their own screaming. The witness said that on at least his supervision. amusement. No longer will Iraqis live one occasion, Qusai supervised shredding- This man was a complete monster. in fear of night-time visits from the machine murders. Thanks to the 101st Airborne, he is no On another occasion, a witness said, an in- Fedayeen and the secret police. No mate’s foot was cut off in prison torture longer able to terrorize Iraqi citizens. longer will Iraqi athletes fear being room while Qusai was present. ‘‘The amputa- Let’s take a look at Uday, No. 3 on the list, tortured for failure to win a soccer tion had been carried out with a power saw the murderous and erratic oldest son of Sad- game. No longer will young Iraqi brides during his torture under the direct super- dam Hussein. be forcibly taken from their families vision of Qusai,’’ the witness told Indict. He controlled the propaganda in Iraq on their wedding day to be exploited by Qusai was made chief of the army branch and allegedly oversaw the torture of Uday Hussein. for the ruling Baath party in 2000, meaning athletes who failed to perform. Talk Knowing what we now know about virtually all the army’s movements were under his supervision. Just before this year’s about an incentive. In Iraq, if you were the Saddam Hussein regime and its war began, he was put in charge of defending an athlete and you didn’t measure up, penchant for brutality, it is abun- the nation’s capital and heartland. you got to meet Uday Hussein, No. 3 on dantly clear that as a result of ridding Qusai was spared any real combat during the most wanted list, only eclipsed by Iraq of this evil Iraqi, the world is a the 1980–88 Iran-Iraq war, although state tel- his younger brother, whose activities I better place. evision showed him conferring with com- just described, and his father, who is Are we finished with the job in Iraq? manders. He did not do any of the compul- No. 1 on the list. Not yet. But yesterday was a day of sory military service required of most Iraqi great progress. No. 2 and No. 3 are no men. Uday was head of the paramilitary Qusai wed the daughter of a respected sen- Fedayeen Saddam unit. Uday helped his fa- longer available to prey on the citizens ior military commander. The couple, who ther eliminate opponents and exert iron- of Iraq. We believe No. 1—Saddam Hus- later separated, had two daughters. fisted control over the 25 million people in sein—is still alive. And we are on his Iraq. Iraqi exiles tell us that Uday murdered Mr. MCCONNELL. First, let’s take a trail. And he will been brought to jus- at will and tortured with zeal— look at Qusay Hussein. Qusay was No. tice. 2 on our list of 55 most wanted men Murdered at will and tortured with I yield the floor. from the former Iraqi regime, behind zeal, and routinely ordered his guards Mr. President, I suggest the absence only his father Saddam. He is also on to snatch young women off the of a quorum. the Bush administration list of former streets—routinely ordered his guards The PRESIDING OFFICER. The Iraqi regime members who could have to attack young women on the clerk will call the roll. been tried for war crimes. Let’s take a streets—to bring them in for his per- The assistant legislative clerk pro- look at what he did, not only to help sonal pleasure. So he was raping them. ceeded to call the roll. control the regime but apparently also Uday was fascinated with prisoners Mr. REID. Mr. President, I ask unan- for his own personal amusement. The as well. Like his younger brother, he imous consent that the order for the AP says: would order the prisoners to be dropped quorum call be rescinded. into acid baths as punishment. His The PRESIDING OFFICER. Without Quiet, handsome, and every bit as brutal as Saddam, the 37-year-old Qusai headed Iraq’s tendency toward erratic brutality even objection, it is so ordered. intelligence and security services, his fa- eclipsed his father’s. That is pretty Mr. REID. Mr. President, what is the ther’s personal security force and the Repub- hard to imagine—that you could be so regular order? lican Guard, [which we all know was sup- outrageous and so brutal that you The PRESIDING OFFICER. One posedly] an elite group of 80,000 soldiers re- could outrate Saddam Hussein. But ap- minute 45 seconds remain under the sponsible for defending Baghdad. parently that is what happened. He was control of the minority. That was his portfolio in the regime. temporarily banished after he killed Mr. REID. I yield back that time. Iraqis nicknamed Qusay ‘‘The Snake’’ for one of his father’s favorite bodyguards f his bloodthirsty but low-profile manner. He in 1988. CONCLUSION OF MORNING was a leading figure of terror in the conflict Much of Uday’s notoriety abroad stemmed BUSINESS aftermath of the gulf war in 1991, using mass from his position as head of the National executions and torture to crush the Shiite Iraqi Olympic Committee, which was ac- The PRESIDING OFFICER. Under Muslim uprising after the Persian Gulf war. cused of torturing and jailing athletes. The the previous order, morning business is The AP says Qusay also helped engi- London-based human rights group Indict closed. neer the destruction of the southern said the committee once made a group of f marshes in the 1990s aimed at Shiite track athletes crawl on newly poured asphalt Marsh Arabs who had lived there for while they were beaten, and he also threw DEPARTMENT OF HOMELAND SE- over 1,000 years. some of them off a bridge. Indict also said CURITY APPROPRIATIONS ACT, Uday ran a special prison for athletes who 2004 Qusay also oversaw Iraq’s notorious deten- offended him. tion centers and was believed to have initi- The PRESIDING OFFICER. Under ated ‘‘prison cleansing’’—a means of reliev- This was Uday Hussein. the previous order, the hour of 10 a.m. ing severe overcrowding in jails. One defector told Indict that jailed soccer having arrived, the Senate will resume That is a unique way to deal with jail players were forced to kick a concrete ball consideration of H.R. 2555, which the overcrowding—the way they did it in after failing to reach the 1994 World Cup clerk will report. finals. Another defector said athletes were Iraq—by eliminating the prisoners. dragged through a gravel pit and then The assistant legislative clerk read Citing testimony from former Iraqi intel- dunked in a sewage tank so that infection as follows: ligence officers and other state employees, would set in. A bill (H.R. 2555) making appropriations New York-based Human Rights Watch said While millions of Iraqis suffered dire pov- for the Department of Homeland Security for several thousand inmates were executed at erty, Uday lived a life of fast cars and expen- the fiscal year ending September 30, 2004, and Iraq’s prisons over the past several years. sive liquor. When U.S. troops captured his for other purposes. One of the things Qusay liked to do mansion in Baghdad, they found a personal Pending: in overseeing these prison executions zoo. Reid amendment No. 1318, to appropriate was to feed the prisoners into shred- The man had his own personal zoo $20,000,000 to the Office for Domestic Pre- ders. The lucky prisoners were the ones with lions and cheetahs— paredness to be used for grants to urban who got fed into the shredders head and an underground parking garage for his areas with large tourist populations. first because they died quickly. The collection of luxury cars, Cuban cigars with Mr. REID. I suggest the absence of a unlucky prisoners were the ones who his name on the wrapper, and $1 million in quorum. were fed into shredders feet first. fine wines, liquor, and even heroin. The PRESIDING OFFICER. The This was Qusay Hussein—eliminated This was Uday Hussein. clerk will call the roll. by the 101st Airborne yesterday, No. 2 In this country, we rarely applaud The assistant legislative clerk pro- on our list of most wanted from the the deaths of anyone. But these two ceeded to call the roll. Saddam Hussein regime. monsters—No. 2 and No. 3 on the list of Mrs. BOXER. Mr. President, I ask Qusay was made chief of the army branch the regime that we are tracking in unanimous consent that the order for for the ruling Baath Party in 2000, meaning Iraq—will no longer be able to prey on the quorum call be rescinded.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.012 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9749 The PRESIDING OFFICER. Without say is thank you very much to the Qaida attempted to bring down an objection, it is so ordered. committee for getting us started. Israeli airliner in Kenya—and we also Mrs. BOXER. Mr. President, is it nec- I hope we will see the technology now believe that Israeli airliners are pro- essary to lay aside an amendment that blossom forth because we already have tected with defense systems—it was is pending so that I can offer an amend- this technology on our military air- not successful—but putting all the ment? craft. We have this technology on Air pieces together, the attack on an The PRESIDING OFFICER. Yes. Force One. And I think the American Israeli commercial aircraft, the suc- Mrs. BOXER. I make that request. traveling public deserves no less pro- cessful attacks which killed about sev- The PRESIDING OFFICER. Without tection. eral hundred people—I will go through objection, it is so ordered. What this amendment does—while that. Since 1978, 35 attempts to shoot AMENDMENT NO. 1328 applauding the fact that we have the down civilian aircraft by shoulder-fired (Purpose: To require reports on protecting money—is to make sure we are given a missiles and a catastrophic loss of 24 commercial aircraft from the threat of report by March 1, 2004, on the progress planes and 640 deaths. shoulder-fired missile systems) of developing and deploying such coun- We are not talking about some re- Mrs. BOXER. Mr. President, I send an termeasures so we stay on top of this mote threat. We are talking about a amendment to the desk and ask for its issue. real threat, a real threat that has been immediate consideration. We also ask—and this is very impor- played out. The FBI is telling us it is a The PRESIDING OFFICER. The tant because it is going to take time real threat. Today I am happy to say clerk will report the amendment. for our aircraft to be retrofitted with this committee has recognized that, The assistant legislative clerk read these systems—for a report, which and for the first time. That is the good as follows: would be classified and available to news. But we want to stay on top of The Senator from California [Mrs. BOXER], colleagues, on what our major airports this and make sure these funds are well for herself and Mr. SCHUMER, proposes an are doing in the interim before we have spent and well used and that the proper amendment numbered 1328. these systems placed on aircraft. systems are developed. At the appropriate place, add the fol- I also thank Secretary Ridge because I want to mention that military lowing: at the point in time when I talked to transport and refueling aircraft, in ad- SEC. . (a) REPORT.—Not later than March him about this matter—again, it was dition to the C–130 I mentioned, the C– 1, 2004, the Secretary of Homeland Security just after we had lost a very close vote 17, KC–135, and KC–10 are some of the shall submit to Congress a report that— models that employ countermeasures (1) details that progress made in devel- here—I have to say, he recognizes this oping countermeasures for commercial air- threat and he took the position that we that could be used for commercial air- craft against shoulder-fired missile systems, should move forward. So I want to craft. The military has conducted including cost and time schedules for devel- make sure that thank you is in the thousands of hours of flight testing on oping and deploying such countermeasures, RECORD. countermeasure technology, including and I will never forget having a press con- live fire testing. We know the systems (2) in classified form and in conjunction ference, a bipartisan press conference, work. We need to start putting these with airports in category X and category systems on our commercial planes as one, an assessment of the vulnerability of on this issue with Congressman MICA, who said after he had a classified brief- soon as possible. such airports from the threat of shoulder- We all know we have to stay ahead of fired missile systems and the interim meas- ing on this matter, he had a hard time this terrorist threat. We all know there ures being taken to address the threat. sleeping at night. are cells of terrorists in our country. Mrs. BOXER. Mr. President, I think Now, here is the reason: Shoulder- fired missiles—such as the SA–7 and We all know that homeland security is this amendment is very important in crucial. Many of us believe it does not making sure we stay ahead of the Stinger missile—are available on the black market for as little as a few have a high enough priority in this ad- threat that the FBI has identified as ministration, and we will have many being very real to our people. I am thousand dollars. I want to go to a picture showing, amendments. going to show you what the FBI said This amendment, I am pleased to first of all, the way these shoulder- about the threat of shoulder-fired mis- say, has been signed off on both sides of fired missiles look. You can see from siles. the aisle because I think everyone the picture they are very small. They The FBI said that: agrees that the $60 million has to be weigh 30 pounds. It does not take a . . . given al-Qaeda’s demonstrated objec- spent well and we need to move for- very strong person to be able to lift 30 tive to target the U.S. airline industry, its ward. access to U.S. and Russian-made MANPAD pounds, and to put that 30 pounds on I would like to read part of a letter systems, and recent apparent targeting of their shoulder. Most can be used with from Ed Adams, chairman of Navigant, U.S.-led military forces in Saudi Arabia, law very little training. And they just take enforcement agencies in the United States one of the leading travel management minutes to fire. They can go up about companies in the United States. He should remain alert to potential use of 12,000 feet into the air. They basically MANPADS— says: are heat-seeking missiles and are ter- The travel industry is painfully aware of Those are shoulder-fired missiles— ribly destructive. We know that for against U.S. aircraft. what a successful attack of using a shoulder- sure. fired missile on a commercial airliner could First, I want to say how grateful I We know that more than 20 terrorist do to the confidence of the traveling public. am to the committee, both Senator groups are in possession of these weap- It is a situation we would prefer not even to COCHRAN and Senator BYRD, for really ons, including al-Qaida. And we know imagine, but we must understand the reality taking the first stand in favor of mov- that al-Qaida has shown a willingness of such an event if we intend to prevent it. ing forward on missile defense systems to use these weapons as weapons of ter- The blow to the economy in general, and that could be placed on our commercial ror. the travel and tourism sector, in particular, combined with the loss of human lives would aircraft to protect them from these Al-Qaida is suspected of targeting be staggering. These costs would certainly shoulder-fired missiles. This is a major U.S. military aircraft in Saudi Arabia outweigh the expense of the precautionary breakthrough. last May with an SA–7 missile. Saudi measures you are recommending today to When I stood on this Senate floor authorities found an empty launch make sure that our commercial planes are several months ago, I lost a couple of tube near an air base used by American safe from such a terrorist act. very close votes on this issue, and then aircraft. We clearly see that what we are won a vote, but this is the first sub- We also know there was an apparent doing here is not only the right thing stantial amount of money we are going attack on one of our military aircraft to do to protect the lives of our people to have. I think it is crucial. over in Iraq. The good news there is but also to protect, frankly, the life of Senator SCHUMER and I have led the that our C–130s are equipped with de- our economy, which is not in good fight on this issue in the Senate, and fense measures. We also know this was shape, which is very rocky, which can- Congressman ISRAEL and Congressman an unsuccessful attack. not sustain such an incident. MICA, in a bipartisan way, over on the So putting it all together, and put- I, again, thank Senators COCHRAN House side. So the first thing I want to ting it together with the fact that al- and BYRD for including these funds,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.022 S23PT1 S9750 CONGRESSIONAL RECORD — SENATE July 23, 2003 and I know that they both signed off on PROGRAM PLAN FOR THE DEVELOPMENT OF AN meet performance, operational, and cost con- this amendment, which again will sim- ANTIMISSILE DEVICE FOR COMMERCIAL AIR- straints be offered. ply say, we want a report that lets us CRAFT Each contractor would have to design, de- INTRODUCTION velop, demonstrate, and deliver 2 units for know how we are moving forward to be demonstrating system performance (with able to retrofit these planes with the The House Report accompanying Public emphasis on operational suitability and appropriate kinds of measures and also Law 108–11, which was signed by the Presi- cost). For the DIRCM concept, system design a report—and this is very important— dent on April 16th, 2003, directed the Under- and fabrication for both the countermeasure on the interim steps that major air- secretary for Science and Technology of the system (common for all aircraft types) and Department of Homeland Security to prepare the canoe (an aerodynamic conformal pod ports are taking. a program plan for the development of an I went to one airport. I won’t name peculiar to the aircraft type) would have to antimissile device for commercial aircraft. be completed. Other concepts would be re- it. I stood on the top of a roof of a ga- The plan should identify the process for de- quired to complete similar activities. Inte- rage there. There was no security any- livery and certification of a prototype and gration onto only one aircraft type would be where around. I looked up. The planes the proposed cost and schedule for such an required in the SD&D phase. To understand were landing. Honest to God, I could activity. The report should be provided to the potential operating and support (O&S) have almost touched those planes. And the Committees on Appropriations within 30 procedures and costs, a detailed O&S plan days of enactment of this Act. this is an example of a roof area, A, would be a major part of the contract A review of available technologies con- deliverables. Various Test & Evaluation that should have been patrolled or, B, ducted by the White House Office of Science should be closed. It only makes sense. (T&E) activities will also be required to in- and Technology Policy (OSTP), in coordina- clude as appropriate wind tunnel, reliability, How can we protect every inch of our tion with the Homeland Security Council, tracking accuracy, hardware-in-the-loop and airports and everybody? It is very dif- identified an on-board jammer (directed in- live fire testing and operational suitability ficult. But we certainly could take frared countermeasure, or DIRCM), as the (e.g. environmental testing and maintain- steps that make sense, precautionary most promising of the technologies they had ability to include built-in testing, handling, steps that are really commonsense reviewed. It is the intention of the Depart- and special ground support equipment). A ment of Homeland Security to explore this steps. parallel FAA certification effort, coinciding option while being open to other potential with the SD&D phase would also occur. My thanks again. I wonder if I could concepts that may not have surfaced or been The program would be developed and man- ask Senator COCHRAN if he would be fully explored by the OSTP study. aged in consultation with the airline indus- willing to have a voice vote on the The DIRCM concept has been under devel- try, pilots, airport operators, aircraft devel- amendment. opment for some time by the Department of opers, and relevant Federal agencies. Defense for protection of military and other Mr. COCHRAN. Has the Senator com- Program cost/schedule government aircraft. In addition, there is a pleted her remarks? small market for business jets. There are Fiscal year 2003 plans are to create a spe- Mrs. BOXER. I have completed my currently two known contractors engaged in cial government staff office to manage the remarks. I wonder if we could just ac- DIRCM development: Northrop-Grumman, effort, with an initial task of preparing a so- cept the amendment. Then I have one and BAE. licitation to industry for research, develop- ment, test and evaluation of an antimissile more amendment I would like to speak There are several issues associated with the DIRCM concept, as well as with other po- device; this effort will be managed within about 6 or 7 minutes on, and then we the Science and Technology Directorate could lay that one aside. tential antimissile concepts, that the De- partment of Homeland Security proposes to (S&T) of the Department. Fiscal year 2004 activities will be to award Mr. COCHRAN. I would like to make explore in the program plan described below; contracts to develop system costs; analyze some remarks in connection with this these include: aircraft integration issues; and through mod- amendment. System cost, including component, inte- eling and simulation assess performance gration, and certification; Mrs. BOXER. Wonderful. against the current and emerging MANPAD Airframe & avionics integration and FAA Mr. COCHRAN. The Senator from threat. Contractors will be asked to develop certification issues; an operations and support plan that details New Hampshire would also like to Performance against the current and the maintenance and logistical support re- make some remarks. emerging threat; quirements for the system they are devel- Mrs. BOXER. Sure, wonderful. Reliability and failure rate; oping, and an analysis of the recurring oper- Maintenance, including built-in testing, Mr. COCHRAN. But not if the Sen- ating and support costs. Contractors and the handling, and special ground support equip- ator has not completed her statement. government will work with the community ment needs; to develop viable operational concepts for Mrs. BOXER. I have completed my Operating and support costs; the use of the system. Finally, if analyses in- statement. I didn’t know if the Senator Concept of operations, including air crew dicate cost effectiveness and operational wanted to move along. I would be involvement, go/no-go doctrine, and airport suitability, development of a prototype for happy to yield the floor at this time. operational procedures. each viable concept may be initiated to In addition, a Broad Agency Announce- The PRESIDING OFFICER. The Sen- prove out the analyses. S&T would not seek ment released May 16 by the Department of ator from Mississippi. additional or supplemental funding for this Homeland Security under the auspices of the Mr. COCHRAN. Mr. President, on the effort. Technical Support Working Group (TSWG) subject of antimissile devices for com- Contingent on the analytic, design and de- explicitly requests proposals for options for velopmental efforts conducted in fiscal year mercial aircraft, the Senate should be protection of aircraft from the man-portable advised that the statement of man- 2004, fiscal year 2005 activities could include missile threat. Given the program plan de- the completion of the test articles and their agers on the supplemental that was scribed below, it is envisioned that the integration onto a single airframe type, passed earlier this year directed the TSWG solicitation will likely lead to awards along with hardware in the loop and live fire Under Secretary for Science and Tech- for concept development, thereby requiring testing to validate performance assump- nology of the Department of Homeland significant research and development. tions. Security to prepare a program plan for PROGRAM PLAN Costs quoted below are informed by con- the development of an antimissile de- Strategy tractor estimates for the DIRCM RDT&E vice for commercial aircraft. In re- The strategy for research, development, phase, along with estimates provided by De- partment of Defense representatives to the sponse to that directive, the Depart- test and evaluation of an antimissile device for commercial aircraft is to issue a solicita- OSTP study. Further development of pro- ment of Homeland Security has devel- gram RDT&E costs will be conducted by the oped a program plan. tion for a Systems Development and Dem- onstration program, with potential awards system program office during FY03. On May 22, 2003, this plan was sub- to one or more contractors. Prior study has Mr. COCHRAN. What the Department mitted by the Under Secretary for indicated that the DIRCM concept is the has agreed to undertake is to bring to- Science and Technology of the Depart- most likely path for providing good perform- gether the best information from the ment of Homeland Security to the Con- ance against the current and emerging private sector, our experience in the gress. threats while potentially satisfying oper- defense area for military defense I ask unanimous consent that a copy ational constraints. One or two contracts against anti-aircraft missiles, and to will be awarded for system development and of that plan be printed in the RECORD. demonstration of a DIRCM. However, the so- come up with a rational approach to There being no objection, the mate- licitation would also allow responses for con- making such antimissile devices avail- rial was ordered to be printed in the cepts other than DIRCM, with a single award able to the commercial airline indus- RECORD, as follows: contemplated should an alternative likely to try.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.025 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9751 We have provided in the committee to take us. It is always difficult to un- As I mentioned in my earlier state- report $72 million for critical infra- derstand the best and most cost-effec- ment, we are pleased that the report structure protection to utilize informa- tive ways to use technologies—in this was made available. We have now sub- tion and scientific advances that have case, to keep the public safe. mitted that for printing in the RECORD been made to deal with evolving I commend the members of the sub- to complete the statement that should threats to protect infrastructure secu- committee and Chairman COCHRAN for be made in the RECORD to accompany rity. Of this amount, $60 million is al- the work they have done throughout this amendment. located for systems development of the process on their bill but in this I know of no one who objects to this antimissile devices for commercial air- area in particular—to take the steps amendment. I think we can adopt it on craft. This is provided and printed on necessary to bring technologies into a voice vote. page 62 of our committee report. place in a way that will keep the public I suggest the absence of a quorum. These funds will be available to carry safer. The process that they used, as The PRESIDING OFFICER. The out the work contemplated in the well, I think is commendable. They clerk will call the roll. amendment of the distinguished Sen- worked with the Department of Home- The bill clerk proceeded to call the ator from California. In her amend- land Security, with the Under Sec- roll. ment, she asks for another report to be retary for Science and Technology, to Mr. COCHRAN. Mr. President, I ask submitted to the Congress by the Sec- develop a program plan for looking at unanimous consent that the order for retary of Homeland Security not later the current state of technology to deal the quorum call be rescinded. than March 1, 2004, to report on the with the potential threat of surface-to- The PRESIDING OFFICER. Without progress made in developing these air missiles, and then to allocate funds objection, it is so ordered. countermeasures for commercial air- to further study and evaluate, develop Mr. COCHRAN. Mr. President, I craft. We have no objection to includ- systems and adapt the technology for think we are ready to proceed to a ing this provision in the bill. We expect the potential use on commercial air- voice vote on the amendment. that we are going to have reports made craft. They have appropriated a signifi- The PRESIDING OFFICER. Is there periodically. We have hearings to re- cant amount of funding, up to $60 mil- further debate on the amendment? view the activities of the Department, lion. Again, for that I commend the If not, the question is on agreeing to and this is certainly going to be a sub- committee. the amendment of the Senator from They have really taken the steps nec- ject that we are going to follow closely. California. essary that will allow us to best under- It is because the Congress has made a The amendment (No. 1328) was agreed stand how this technology might be de- strong point of emphasizing the impor- to. tance of deploying these defensive ployed. It is very difficult to predict what the nature of all the threats to Mr. COCHRAN. Mr. President, I move measures as soon as possible that the to reconsider the vote. Department has now undertaken a spe- our commercial aircraft industry might be. There is no question, perim- Mr. REID. I move to lay that motion cific plan and approach to doing this in on the table. a rational way. The Senate may re- eter security at our Nation’s airports has improved dramatically since Sep- The motion to lay on the table was member that some wanted to require agreed to. the Department to make available im- tember 11, and that has helped reduce any potential threat from shoulder- Mrs. BOXER. Mr. President, I thank mediately missile defense systems to fired missiles. But we want our Depart- the committee very much. I cannot tell be put on commercial airlines. We ment of Homeland Security to be re- you how much I look forward to the found that was not workable. The Con- sponsive, to take the steps necessary to day that the Department has agreed on gress did not insist on that point. In adapt and to use this technology, if a particular system, and that we can fact, amendments on that were de- possible, to protect commercial air- begin the installation of the system I feated when they were offered earlier craft. I think that is exactly what they think will send a very good message to in this body. the flying public. We will stay on top of But this is a program now—and the have done. I appreciate the work by the Senator this until we see it through. Senator from California has been a from California to highlight this issue AMENDMENT NO. 1331 leader in bringing attention, keeping in the amendment she has offered, (Purpose: To investigate the expenses caused the pressure on—to see that we do this which will be accepted by the sub- by Secret Service activities) in a rational and an immediate way, committee to make sure Congress is Mrs. BOXER. Mr. President, I send a with some sense of urgency. We have well informed as to the progress of this also noticed in the amendment, which second amendment to the desk. development effort and this research The PRESIDING OFFICER. The we appreciate, that the Senator calls effort. on a classified report to be made avail- pending amendment is set aside. I look forward to continuing to work The clerk will report. able to the Congress as well, assessing with the committee on this issue. I the vulnerability of certain airports, The assistant legislative clerk read thank them for their funding, and I am as follows: the largest airports in our country, happy to support the amendment of the from the threat of shoulder-fired mis- Senator from California. The Senator from California [Mrs. BOXER] sile systems and the measures being I yield the floor. proposes an amendment numbered 1331: taken to address that threat. We like- At the appropriate place, add the fol- The PRESIDING OFFICER. The Sen- lowing: wise have no quarrel with that part of ator from Mississippi is recognized. the amendment and are prepared to Mr. COCHRAN. Mr. President, to SEC. . Not later than March 1, 2004, the Secretary recommend the Senate accept it. complete the record on this issue, I am of Homeland Security shall issue a classified The PRESIDING OFFICER. The Sen- going to read into the RECORD the report to Congress on the security costs in- ator from New Hampshire. statement of managers from the con- curred by State and local government law Mr. SUNUNU. Mr. President, I be- ference report, dated April 12, 2003, enforcement personnel in each state in com- lieve one of the most challenging tasks making emergency supplemental ap- plying with requests and requirements of the put before the Department of Home- propriations for the fiscal year 2003. In United States Secret Service to provide pro- land Security, and before the appropri- that statement of managers, the con- tective services and transportation for for- ators were allocating funds for the De- ferees said: eign and domestic officials. partment of Homeland Security, is to The conferees direct the Under Secretary Mrs. BOXER. Mr. President, I know understand evolving technologies and for Science and Technology to prepare a pro- that each of us wants to do everything to take steps to use those technologies gram plan for the development of an anti- we can to help our first responders— to keep the public safe. I think that is missile device for commercial aircraft. The the men and women who are called to a difficult task because, whether we plan should identify the process for delivery duty as a result of a Federal action. and certification of a prototype and the pro- are looking at homeland security, or posed cost and schedule for such an activity. Well, one of the areas where our local information technology, or any other The report should be provided to the Com- people have just been left out to dry all area, we are never sure exactly where mittees on Appropriations within 30 days of through of the years—this is not a par- technological developments are going enactment of this Act. tisan issue, whether in a Democratic

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.027 S23PT1 S9752 CONGRESSIONAL RECORD — SENATE July 23, 2003 administration or a Republican one—is We want to know: How big is this necessary and unnecessarily burden- that they have to pay the costs of secu- number? I think it would be very im- some on the Secret Service, but I am rity details when a leader comes into portant for every one of our States be- not going to vote against it and the the State, be it a domestic leader like cause every one of our States hosts Senator insists on a vote on the the President, a Presidential can- these dignitaries and we want to do amendment. I am going to vote for it didate, the Vice President, or their what is right, and we will do what is and suggest all Senators vote for it. We families, or a foreign dignitary. right, but let’s find out because we do have suggested, and the Senator has It is really critical, it seems to me, care about these unfunded mandates, agreed, to modify her amendment to particularly in light of the rough eco- what it is costing our people. require the Secret Service to issue a nomic times that our States are seeing, I am not in any way being critical of classified report to Congress on secu- that we begin to address this issue. I the Secret Service. They are doing rity costs incurred by State and local was a little stunned when I got into their job, and they do it extremely government law enforcement personnel this after a constituent talked to me well, but they are not acting alone in in complying with requests and re- about this. I was stunned to learn that these cases. They are calling local po- quirements of the U.S. Secret Service there is really no place in the Federal lice. Simply put, we want to find out to provide protective services and Government where we have this infor- the costs and the burdens on our transportation for foreign and domes- mation. States. I have no idea what it would be. tic officials. The Secret Service does its job bril- I just have this one letter that details The amendment, first off, is to have liantly. They don’t worry about the one area of costs, and, I might say, it is a report, a public report in the aggre- cost to the local people. They call up an off election year. In this election gate of all of these expenses. There the local people and say that a Cabinet year coming up, we are not only going were concerns—and I share those con- Secretary is coming, or a foreign dig- to have the President, his entourage, cerns—about the fact that potential nitary, or the President, or a can- his family, and the Vice President, but terrorists or those who might be plan- didate, and this is what they need. we are going to have the Democratic ning to do harm to the public officials They need A to Z and they lay it out. nominee and his or her entourage, I who are protected by the Secret Serv- Guess what. The cost is borne by our have to say, and family. These are ice and the families of public officials, local agencies at home. major costs. It is not fair to our people such as the President of the United So simply, my amendment requests a not to try to reimburse them for these States and his family, and visiting for- report from the Department of Home- costs. eign government officials who come to land Security on expenses incurred by Again, this amendment will start the our country on official business, are af- local police as a result of Secret Serv- ball rolling. In some ways, I wanted to forded protection, and those who are ice requirements. write an amendment that just said our accompanying them. We all know, when there is an orange local people should be reimbursed right The Secret Service is the primary alert, what happens in our hometowns, now for all the expenses they face when Federal agency that has this responsi- because we also know when there is an Secret Service says to them: You must bility. What this amendment first orange alert—that means a heightened provide these many cars and these sought to do was to require a report of state of alert—if there is a problem, many police and this much protection. the aggregate costs associated with people don’t call the President or the But I wanted to lay the groundwork for protection of officials, including State Senate or the House; they call 911. We everyone because, as I say, I think and local law enforcement officials who know that is what happens. when we get the report back, every one cooperate with the Secret Service to Right now, even in this bill, as far as of us will be impacted because at least help ensure the success of the protec- it goes, I don’t think it goes far enough most of the States are receiving these tion mission. to help our people. Here is a whole calls from Secret Service all the time. I am not sure how the Secret Service other matter that we have never really In my case, for just one agency, it is is going to compile all of this informa- looked at. As we see that our police de- $700,000 for 1 year, 69 details. tion, but they, I am sure, will under- partments and fire departments are I am very pleased both Senators take to do it if we adopt this amend- facing layoffs, it seems to me that we COCHRAN and BYRD have agreed to have ment and say they ought to do it. All need to do something to help them. As this amendment. We made a couple of they can do is ask for State and local a first step to do that in an area that changes at the request of Senator governments to submit to them the in- has never been looked at, I think we COCHRAN to keep these numbers classi- formation that is requested in this ought to look at what happens to the fied. Again, I have problems with un- amendment and then compile it, give it various agencies. derstanding why the aggregate number in a classified report to the Congress, I have a very detailed letter from the has to be kept classified. I do not see and it would be made available in that California Highway Patrol. They de- what anyone learns if they find out an form to all Senators. tailed all the expenses that they had aggregate number. We have an aggre- I am hopeful the Senate can proceed from 2002 to 2003. I am not going to go gate number for the Secret Service, so to a vote on the amendment. I have not into every detail of every hour, and I I do not know why we cannot have an checked with the leadership to see ECORD am not going to put that in the R aggregate number of what the costs are whether or not there is any objection because Senator COCHRAN informed me, to our States. But that is a fight for to proceeding to a vote right now. I through his staff, that the Secret Serv- another day. We do not have to pursue have no objection to it. I do not know ice doesn’t want this to be public infor- that at all today. Today, I am very of any objection, but we will check mation. I find it very odd, frankly. I pleased we will take the first steps to- with the leadership to be sure we can don’t think it should be a classified ward getting this information. proceed. If not, we can set, by agree- issue. But if the Secret Service says I ask for the yeas and nays on this ment, a time for a vote later in the they need it classified, so it shall be. amendment and ask that the amend- day. Until we get that advice, I suggest However, I will tell you that the aggre- ment be laid aside. At the time Senator the absence of a quorum. gate cost in that 1 year just for the COCHRAN thinks is appropriate, I will Mrs. BOXER. Mr. President, will the California Highway Patrol, in 69 dif- be happy to have a vote on it at that Senator withhold his request? ferent details they were ordered to do, time. Is it appropriate, Mr. President, Mr. COCHRAN. Mr. President, I with- was $700,000. That may not seem like a that I ask for the yeas and nays? draw my suggestion for the quorum lot by the standards we face here, but The PRESIDING OFFICER. Is there a call if the Senator wants to be heard. I can assure my colleagues, in my sufficient second? The PRESIDING OFFICER. The Sen- State, every dollar now makes a dif- There appears to be a sufficient sec- ator from California. ference. Sometimes these agencies may ond. Mrs. BOXER. I thank the Chair. I get reimbursed, but they usually do The yeas and nays were ordered. wanted to thank Senator COCHRAN for not, and the burdens of these requests The PRESIDING OFFICER. The Sen- his support, although not enormous are adding up. They add up in addi- ator from Mississippi. support, but support for this amend- tional overtime and transportation Mr. COCHRAN. Mr. President, I, ment. Senator COCHRAN, I want to ad- costs that these agencies cannot afford. frankly, think this amendment is un- dress your comments, and I thank you

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.030 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9753 for your support, although I say not amendment be set aside. We are ad- tually every county and every commu- the most enthusiastic, but nonetheless vised that there is a ceremony that nity in America will have the tools I am very appreciative. will be taking place momentarily in they need to lead our response to a ter- Mr. COCHRAN. It is not enthusiastic the Rotunda. The leadership of the rorist attack or other disaster. My at all. I said I disagree with the amend- Senate will be involved in that and amendment will provide $100 million ment, and I think it is unnecessary. maybe other Senators as well. The Sen- for emergency management planning But I am willing to go ahead and adopt ator from Washington has an amend- grants, and it has broad support. My it and urge the Secret Service to try to ment she would like to offer, and I amendment has been endorsed by the comply with it. think we could entertain her amend- Council of State Governments, the Na- Mrs. BOXER. What I said was your ment at this time. tional Association of Counties, the Na- support was not enthusiastic, but I ap- The PRESIDING OFFICER. Is there tional League of Cities, the National preciate it nonetheless. I wanted to an- objection? Without objection, it is so Emergency Management Association, swer your point that you were worried ordered. and the International Association of about how to collect this information. The Senator from Washington. Emergency Managers. Those endorse- I want to tell you that our States have AMENDMENT NO. 1327 ments say a lot. Those endorsements very clearly documented—— Mrs. MURRAY. Mr. President, I send mean our leaders at the city, county, Mr. COCHRAN. Mr. President, I and State levels all recognize the need make a point of order. The Senator an amendment to the desk and ask for its immediate consideration. for this amendment. should direct her comments to the Those endorsements say the emer- Chair, not to other Senators. I think The PRESIDING OFFICER. The clerk will report. gency managers who work to protect that is the procedure in the Senate. all of our communities are asking sup- Mrs. BOXER. I am happy to do that, The legislative clerk read as follows: port for this amendment. Mr. President. I wanted to mention to The Senator from Washington [Mrs. MUR- RAY] proposes an amendment numbered 1327. One of the least talked about but Senator COCHRAN, because he made most important parts of our response Mrs. MURRAY. Mr. President, I ask some criticism of how we would get to a disaster takes place outside of the unanimous consent that the reading of these numbers, that it was very easy public view. In every county and major the amendment be dispensed with. for the highway patrol in my State to city in this country, there is an emer- The PRESIDING OFFICER. Without compile the numbers because all of our gency response coordinator who works objection, it is so ordered. States are in a budget crunch and they behind the scenes preparing for the The amendment is as follows: all have to document the numbers in worst. They determine what the needs their States. (Purpose: To increase funding for emergency are in our local communities. They de- So all the Secret Service has to do, management performance grants) velop plans so if there is a tornado or or Department of Homeland Defense, is On page 65, line 9, strike ‘‘$165,000,000’’ and a natural disaster, there is a game plan to simply ask our States for these insert ‘‘$265,000,000’’. for everyone to follow. Those plans co- numbers. I can assure the Senator from Mrs. MURRAY. Mr. President, first, I ordinate the work of many different Mississippi that our States are reeling, commend the managers of the home- agencies and organizations and they they are hurting, and it would be very land security appropriations bill for really are the backbone of our emer- simple for them to do this. doing an excellent job of trying to put I have not placed this letter into the gency response. together a bill under very difficult cir- In one community, the emergency RECORD because of the concerns of the cumstances where we have a budget coordinator might be the fire chief. It Senator that these numbers should be resolution that really does limit our might be the sheriff. In another com- classified. I do not agree with that, but ability, I believe, to make sure we have munity there might be a dedicated per- I respect it. So I am not going to place in place good security for all of our son who handles emergency planning this in the RECORD. constituents, no matter where they The bottom line is it would be very exclusively. No matter what their title live in this country. is, they perform a very critical job. simple for our States to document Everywhere I travel, people have dif- these numbers, and I hope I am proven They make sure we have an effective ferent concerns, whether it is their sea- coordinated plan to prepare for and re- right. I will discuss this with the De- ports, trains, borders, infrastructure partment of Homeland Security be- spond to in an emergency. that easily could be a target of terror. For decades, they worked hard to cause clearly the purpose of my amend- The managers of this budget have prepare for natural disasters, devel- ment is not to cause anybody any extra worked hard to put together a package, oping plans to respond to tornados, trouble. It is simply to be fair to our but today I offer an amendment be- earthquakes, floods, and winter storms. States, our police departments, and our cause I believe everything we are try- Today, they have a massive new re- first responders. ing to do in this bill to improve home- Again, I want to thank Senators sponsibility to deal with. Today, they land security will be undermined if our have to develop plans to respond to BYRD and COCHRAN for agreeing to this local communities do not have solid amendment. The reason I want to have manmade disasters and plans to re- emergency response plans. a record vote on it is clear. This is the spond to terrorist attacks. They have Let me say that again because it is first time we will ever be asking that to come up with strategies for handling so important. Everything we are trying this be documented. So I wanted to scenarios that we would never have to do in this bill to improve homeland have a solid vote on it so it would not imagined just a few years ago. security will be undermined if our local Our local emergency planners have a get lost in the shuffle. I have no need communities do not have solid emer- massive new responsibility, but they do to speak any further. I am most appre- gency response plans. not have the funding to carry it out. ciative that both of these amendments When a disaster strikes in one of our This is not an area where we can afford appear likely to be agreed to. I yield the floor, and I suggest the ab- communities, we know the phone will to skimp or to cut corners. If, God for- sence of a quorum. ring at the desk of some local emer- bid, there is a smallpox outbreak some- The PRESIDING OFFICER (Mr. gency manager, and when that phone where in our country, the phone is GRAHAM of South Carolina). The clerk call comes in, if there is not a plan going to ring at the desk of the local will call the roll. that is ready to go to deal with that emergency coordinator. When he or she The assistant legislative clerk pro- emergency, we are in trouble. Even if picks up the phone, either they have a ceeded to call the roll. we are able to provide all of the equip- plan to respond to smallpox or they do Mr. COCHRAN. Mr. President, I ask ment and training that our first re- not. There are no two ways about it. unanimous consent that the order for sponders need, if there is not an effec- If, Heaven forbid, a dirty bomb goes the quorum call be rescinded. tive plan at the local level to coordi- off somewhere in our country, either The PRESIDING OFFICER. Without nate a disaster response, then we have there is a game plan to follow on the objection, it is so ordered. all failed to protect our citizens. shelf, tested, ready to go, or there is Mr. COCHRAN. Mr. President, I ask I introduce an amendment to ensure not. I want to make sure when that unanimous consent that the Boxer that the emergency planners in vir- phone call comes, we are prepared,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.033 S23PT1 S9754 CONGRESSIONAL RECORD — SENATE July 23, 2003 wherever we live in this country. Right equipment and other important prior- sponses that have to be made at the now, we have a very long way to go. ities. We should be helping commu- local level to disasters that occur. Trust me, my colleagues do not want nities meet all of these needs, not pit- The reorganization of the Depart- their emergency planner in their com- ting one against another so commu- ment of Homeland Security folded into munity to have to choose between pre- nities come up short. Our local commu- this new Department the agency pre- paring for a natural disaster or pre- nities need both equipment and plan- viously referred to as the Federal paring and planning for a terrorist at- ning, and we need to fund both. The Emergency Management Agency. It is tack. They need to plan for both. emergency management planning now part of Homeland Security. My amendment would give them the grant is the right tool to empower the This emergency performance grants resources they need to meet these new emergency planners in your commu- program was recommended for can- homeland security threats. Simply put, nity to meet their local needs. cellation by the administration’s budg- our communities have to build a brand Since September 11, we have asked et. They recommended combining it new capability from scratch and they the local emergency managers in every with a State and local grant program need Federal help. county in America to develop new co- within the Office of Domestic Pre- Turning to the specifics of my ordinated plans to respond to terrorist paredness. Our committee looked at amendment, my amendment would pro- attacks. We have asked them to take that and decided this program was an vide an additional $100 million to the on this critical responsibility, but we important program to the States and it existing emergency management per- have not provided the funding they should be continued in effect. So we formance grants. These are the grants need. My amendment will provide an have funded it as a program that is ad- that allow our emergency managers to additional $100 million in flexible ministered by the Emergency Pre- meet the needs in their local commu- grants to meet the needs from coast to paredness and Response Directorate. nities. I want to note that funding for coast. The amendment the Senator is offer- these grants has been stagnant for If our communities do not have solid ing does not complain about what the about a decade. The underlying bill emergency response plans, then they committee has done with respect to does provide some funding for these are really not prepared for a disaster. their recognition of this program as an grants, but it is certainly not enough That is a price we cannot afford to pay. important program for assistance. The to allow our communities to create Our ability to respond to a terrorist at- only thing her amendment complains this new capability from scratch. In tack or other disaster is only as good about is the level of funding. Since it fact, in March of 2002, a survey con- as the emergency response plans in our was disestablished, in effect, in the ducted by the National Emergency local communities. If we buy all the budget, there was no funding for that Management Association identified a equipment but never develop the plans, activity. We put $165 million in it to $200 million shortfall for the EMPG we are not safe. If we send our fire- continue the assistance program and Program that has continued to grow. fighters to training but we never co- improve the level of support that the Emergency planning grants have ordinate our response to an attack, we Federal Government gives to States for been around for about 10 years, and are not safe. We do not want our com- this purpose. they are now the backbone of our munities to have to choose between Her amendment basically says: That emergency response system. They are preparing for tornadoes or preparing is not enough money; we should have funded on a 50/50 formula. Half the for a smallpox attack. We are asking added $100 million more. Her sugges- funding comes from our local level and them to prepare for everything. They tion is, instead of $165 million, this pro- half the funding comes from us at the need the funding to do that. gram ought to be funded at $265 mil- Federal level. These grants fund the This amendment has been endorsed lion. local emergency management offices by the Council of State Governments, The problem is, there is no offset rec- that build our State and local emer- the National Association of Counties, ommended in the Senator’s amend- gency capability, and they provide the the National League of Cities, the Na- ment. Therefore, the amendment would foundation for our first responders. tional Emergency Management Asso- violate the Budget Act. It would put us In Washington State, without these ciation, and the International Associa- over the allocation that the committee grants many of our smaller and rural tion of Emergency Managers. has under the Budget Act. Therefore, communities would not have had the If there is a terrorist attack on our at the appropriate time it will be my resources to develop their emergency country again, the phone is going to intention to make a point of order response plans. So these grants have ring at the desk of some local emer- against the amendment for that pur- been critical in helping our commu- gency manager. One of two things will pose and for that reason. nities prepare over the years. Today, happen: Either they will have a solid The PRESIDING OFFICER. The Sen- these grants are the best vehicle to emergency plan for that disaster, know ator from West Virginia. meet the new challenges because they what to do, know what decisions to Mr. BYRD. Mr. President, I thank are flexible. make; or they will not and Americans the distinguished Senator from Wash- Emergency management planning will pay the price. ington for offering this amendment. grants are flexible, allowing local coor- I urge my colleagues to vote for this First, I compliment the able Senator dinators, those people on the ground, amendment so one day when that des- for the great work she does on the Ap- to use them where they will do the perate phone call comes, the person propriations Committee. She has been most good for their community. who answers that phone, wherever they a stalwart in the Appropriations Com- Emergency managers can use these are, will be ready to lead an effective mittee from the beginning of her ca- grants for local planning, first re- response. Each of us has the power to reer. In so doing, she follows in the sponder training, emergency prepared- make sure our communities in our steps of two great Senators from Wash- ness exercises, personnel, operational States are ready. ington with whom I served many years activities, equipment, early warning I urge all colleagues to support the ago: Scoop Jackson and Warren Mag- systems, public information education, Murray amendment. nuson. Magnuson served on the Appro- mutual aid, and other preparedness re- The PRESIDING OFFICER. The Sen- priations Committee just as PATTY sponse and recovery activities. All of ator from Mississippi. MURRAY serves on that committee. these options are available to local Mr. COCHRAN. Mr. President, in con- Those were very forceful Senators, people on the ground, local emergency nection with the Senator’s amendment, very active Senators. managers under this grant program. the President’s budget as submitted to I knew Magnuson well, he being on Some people may claim we can com- the Congress proposed eliminating the the Appropriations Committee, as I bine this grant program with others emergency management performance say. But I knew Scoop Jackson even and that dedicated funding does not grants program. This was a program better. He was my supporter from the really matter. But that is not true. If that had been administered by the Fed- beginning of my career as a Senator we combine this with other grant pro- eral Emergency Management Agency. who was involved in the leadership, grams, we will force emergency plan- It is a program that provides funds to first as Secretary of the Democratic ning and coordination to compete with States to help prepare to deal with re- Conference and then as Democratic

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.036 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9755 whip and then as the leader. Scoop a great deal to the people of my State, kansas, California, Missouri—our law Jackson was always there. I should say to their safety and their welfare. I hope enforcement personnel are asked to in passing that the best whip the Sen- all Senators will support the amend- help the Secret Service and, of course, ate ever had was the Senator who ex- ment. they do it. But they don’t get reim- ceeds ROBERT BYRD, and that Senator I yield the floor. bursed for the cost of doing that. This is HARRY REID. He and I were alike in The PRESIDING OFFICER. The Sen- is beginning to sting our people at this respect: He is always on the floor. ator from Mississippi. home. So was I, always on the floor. Mr. COCHRAN. Mr. President, we are My amendment will simply let us But PATTY MURRAY is a supporter on prepared to suggest to the distin- know the extent of the problem. I have the Appropriations Committee. She guished Senator from Nevada, if we a letter from the California Highway works hard. She is a Senator who cer- could get consent, we would ask that Patrol, and they tell me that last year tainly attends to her responsibilities votes on the Boxer amendment or in they spent over $700,000. with respect to her State, and she is relation to the Murray amendment I hope we will have a unanimous vote also a Senator who has a national occur at 12 noon today. We are hoping on this. I yield the floor. viewpoint. I think she exceeds all of us we can get consent. I think it would be The PRESIDING OFFICER. The Sen- on my side of the aisle with respect to good for us to do that. We could vote ator from Mississippi is recognized. our work on the transportation mat- on one amendment and then I think a Mr. COCHRAN. Madam President, as ters, and I compliment her for that. motion to waive the point of order that I said when the amendment was prof- She is following in that train of activ- I made would be the vote that we fered by the Senator from California, ity when she supports this amendment would have on the Murray amendment. we were pleased that she had agreed to which she has brought to the attention If the Senator would consider this: I make some changes in the amendment of the Senate. I thank her for offering ask unanimous consent that at 12 noon and that we would accept the amend- the amendment. today the Senate proceed to a vote in ment if those changes were included. The administration proposed to con- relation to the Boxer amendment, No. She asked for the yeas and nays on the solidate the Emergency Management 1331, to be followed by an immediate amendment. Grant Program into a single first re- vote in relation to the Murray amend- I have further said that I thought the sponder program. She has spoken to ment, No. 1327, provided further that amendment was unnecessary and I this already. So has the distinguished there be 2 minutes equally divided for don’t know how the Secret Service is chairman of the subcommittee who debate prior to each vote and that no going to comply with the terms of the manages this bill today from that side second degrees be in order to the directive in the amendment. That is up of the aisle. He, likewise, mentioned amendments prior to the vote. to them. It seems to me they can make this in opposing the amendment. So The PRESIDING OFFICER. The Sen- an effort to obtain the information the proposal of the administration is a ator from Nevada. sought by this amendment, which is result of a fundamental misunder- Mr. REID. Mr. President, I have the operating costs of the State and standing of the Emergency Manage- checked this with Senator BYRD. He local law enforcement officials who are ment Grant Program. has no objection. Therefore we have no asked to cooperate with the Secret I am not saying that the distin- objection. Service when they provide protection guished Senator from Mississippi mis- The PRESIDING OFFICER. Without for visiting foreign government offi- understands it. He understands it well objection, it is so ordered. cials, or the President and his family, and he provided for it in the com- Mr. COCHRAN. I thank the Senator or for others whom they are obligated mittee. I compliment him for that. But and I thank the Senator from West Vir- under the law to protect. ginia as well. the Emergency Management Grant They were worried that if they made I suggest the absence of a quorum. Program is the one Federal program this available in an unclassified form, The PRESIDING OFFICER. The that gives States resources to plan for it might put in jeopardy some of the clerk will call the roll. what is called ‘‘all hazards’’ emergency very people they were trying to protect management planning. That is exceed- The legislative clerk proceeded to call the roll. because they would disclose the steps ingly important. We must plan for re- they were taking to assure their pro- sponding to a terrorist attack but that Mr. COCHRAN. Madam President, I ask unanimous consent that the order tection. I am sympathetic with that does not mean we should lose the capa- observation. That is why we urged the bility to plan for floods, tornadoes, and for the quorum call be rescinded. The PRESIDING OFFICER (Ms. MUR- Senator to make this a classified re- other natural disasters. port. But it would be available to Sen- I am very keenly aware of this, being KOWSKI). Without objection, it is so or- ators. from the Mountain State of West Vir- dered. I have no objection to the amend- ginia, where those clouds hover over AMENDMENT NO. 1331 ment. the high mountains and where the The PRESIDING OFFICER. Under The PRESIDING OFFICER. All time steep hills enable storms to flow rap- the previous order, there are 2 minutes has expired. The yeas and nays have idly down those sharp mountainsides evenly divided prior to a vote on the been ordered. The question is on agree- into the valleys, often narrow valleys, Boxer amendment. and create extremely dangerous haz- Who yields time? ing to the amendment. The clerk will ards for the people who have to live in The Senator from California is recog- call the roll. those valleys and others who have to nized. The legislative clerk called the roll. travel through those valleys and into Mrs. BOXER. Madam President, I Mr. REID. I announce that the Sen- those valleys to work. start by thanking the chairman and ator from Massachusetts (Mr. KERRY) I strongly support the amendment by ranking member for their support of and the Senator from Connecticut (Mr. the distinguished Senator from Wash- this amendment. LIEBERMAN) are necessarily absent. ington. This is a proven program and I Basically, we have a wonderful Se- I further announce that, if present thank Chairman COCHRAN for agreeing cret Service unit in our Federal Gov- and voting, the Senator from Massa- to keep this as a separate program in ernment. They are very professional chusetts (Mr. KERRY) would vote the committee bill. This amendment and they do a wonderful job in pro- ‘‘aye.’’ would provide $100 million in addition tecting our dignitaries, both foreign The PRESIDING OFFICER. Are there to the funding in the committee bill. and domestic—whether it is a Presi- any other Senators in the Chamber de- I, again, compliment the distin- dent, Vice President, a Presidential siring to vote? guished Senator from Washington for candidate, the Vice President, their The result was announced—yeas 79, her excellent work on the committee families, or the head of a foreign nays 19, as follows: on behalf of her State and on behalf of power. It is absolutely a fact that they [Rollcall Vote No. 292 Leg.] the Nation, and I compliment her on are the best there is. YEAS—79 offering this amendment today. I A lesser known fact is that when Akaka Allen Bayh strongly support it. As I say, it means those dignitaries visit our States—Ar- Alexander Baucus Bennett

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.039 S23PT1 S9756 CONGRESSIONAL RECORD — SENATE July 23, 2003 Biden Feinstein Miller that the Murray amendment provides Mr. REID. Madam President, the Bingaman Fitzgerald Murkowski spending in excess of the subcommit- Senator from Maine wishes to speak Bond Graham (FL) Murray Boxer Graham (SC) Nelson (FL) tee’s 302(b) allocation. for 10 minutes on the bill. Following Breaux Grassley Nelson (NE) Mrs. MURRAY. Madam President, her statement, Senator DAYTON will be Byrd Gregg Pryor pursuant to section 904 of the Congres- ready to offer an amendment. Campbell Hagel Reed sional Budget Act, I move to waive the The PRESIDING OFFICER. The Sen- Cantwell Harkin Reid Carper Hollings pertinent sections of that Act for the ator from Maine. Rockefeller Chafee Hutchison Ms. COLLINS. Madam President, I Santorum purposes of the pending amendment, Chambliss Inhofe Sarbanes and I ask for the yeas and nays. thank the Democratic assistant leader Clinton Inouye for his assistance in this matter. Cochran Jeffords Schumer The PRESIDING OFFICER. Is there a Coleman Johnson Shelby sufficient second? Madam President, I rise today to ex- Collins Kennedy Smith There is a sufficient second. press my strong support for the Home- Conrad Kohl Snowe The yeas and nays were ordered. land Security Appropriations Act, Corzine Landrieu Specter which will help us to better protect Daschle Lautenberg Stabenow The PRESIDING OFFICER. The Dayton Leahy Stevens question is on the motion to waive the communities across America. DeWine Levin Sununu Budget Act on the Murray amendment. I congratulate Senator BYRD and Dodd Lincoln Talent The clerk will call the roll. Senator COCHRAN for putting together Dorgan Lugar Voinovich a bill that fairly balances the many re- Durbin McCain The assistant legislative clerk called Warner sponsibilities of the Department of Edwards McConnell Wyden the roll. Feingold Mikulski Mr. REID. I announce that the Sen- Homeland Security. I also thank Sen- NAYS—19 ator from Massachusetts (Mr. KERRY) ator STEVENS for his leadership in and the Senator from Connecticut (Mr. bringing this legislation to the Senate Allard Dole Lott Brownback Domenici Nickles LIEBERMAN) are necessarily absent. floor. Bunning Ensign Roberts I further announce that, if present This legislation, I believe, will give Burns Enzi Sessions and voting, the Senator from Massa- Secretary Ridge, State and local offi- Cornyn Frist Thomas cials, and first responders the tools Craig Hatch chusetts (Mr. KERRY) would vote Crapo Kyl ‘‘aye.’’ they need to build a more effective The PRESIDING OFFICER. Are there homeland security structure. NOT VOTING—2 any other Senators in the Chamber de- Protecting this vast and diverse Na- Kerry Lieberman siring to vote? tion is an enormous task, but our peo- The amendment (No. 1331) was agreed The yeas and nays resulted—yeas 45, ple—from Washington, DC, to the small to. nays 53, as follows: border communities in northern Mrs. BOXER. I move to reconsider [Rollcall Vote No. 293 Leg.] Maine—have the skills, ingenuity, and the vote. YEAS—45 the spirit to get the job done. On March 1 of this year, the founda- Mr. COCHRAN. I move to lay that Akaka Dorgan Leahy motion on the table. Baucus Durbin Levin tion for this new structure was laid as The motion to lay on the table was Bayh Edwards Lincoln 22 separate Federal agencies and De- agreed to. Biden Feingold Mikulski partments were merged into the new Bingaman Feinstein Murray Department of Homeland Security. AMENDMENT NO. 1327 Boxer Graham (FL) Nelson (FL) Creating a new Department is, how- The PRESIDING OFFICER. There Breaux Harkin Nelson (NE) Byrd Hollings Pryor ever, just a start. Each State has its are 2 minutes evenly divided prior to Cantwell Inouye Reed own security challenges, and every the vote on the Murray amendment. Carper Jeffords Reid community has its own needs. My Mrs. MURRAY. Madam President, Clinton Johnson Rockefeller Corzine Kennedy Sarbanes home State of Maine must protect a the amendment before the Senate sim- Daschle Kohl Schumer long and remote stretch of our north- ply adds $100 million for emergency Dayton Landrieu Stabenow ern border. Our enormous coastline is management planning grants. The Dodd Lautenberg Wyden lined with small harbors, three deep- President’s proposal under homeland NAYS—53 water cargo ports—one of which is the security combined these grants with Alexander DeWine McConnell largest tonnage port in all of New Eng- other programs. The Senator from Mis- Allard Dole Miller land—and two ports that regularly wel- sissippi, the chairman of the com- Allen Domenici Murkowski come passengers from around the mittee, rightfully separated this back Bennett Ensign Nickles Bond Enzi world. We have two international air- out to where it was. Roberts Brownback Fitzgerald Santorum ports in Maine, one of which played a Unfortunately, the funding for this Bunning Frist Sessions most unwelcome role in the events of has remained static for the last decade. Burns Graham (SC) Shelby Campbell Grassley September 11. Smith Since September 11, every county, Chafee Gregg This legislation will provide more Snowe every city across this country has had Chambliss Hagel Specter than $29 billion in fiscal year 2004 to Cochran Hatch an additional responsibility in plan- Stevens fund the Federal Government security ning not just for a tornado or earth- Coleman Hutchison Collins Inhofe Sununu efforts and to help each of our States quake or national disaster but to have Conrad Kyl Talent meet its particular needs. It includes an emergency plan in case of a ter- Cornyn Lott Thomas $8.2 billion to protect our Nation’s bor- rorist attack—very different planning, Craig Lugar Voinovich Crapo McCain Warner ders, including funding for an addi- very different understanding, very dif- tional 600 border agents and the devel- ferent concerns. It is critical we help NOT VOTING—2 opment of innovative new security our local communities have a plan in Kerry Lieberman technologies. place so when a call goes to a desk The PRESIDING OFFICER. On this I am pleased that under the leader- after a terrorist attack, people have a vote, the yeas are 45, the nays are 53. ship of Senator COCHRAN the Appro- plan in front of them and know what to Three-fifths of the Senators duly cho- priations Committee has provided do and there is not pandemonium. sen and sworn not having voted in the more than $60 million for the Container This amendment simply adds $100 affirmative, the motion is rejected. Security Initiative. I know from a million. By the way, the people across The point of order is sustained and the hearing held by the Governmental Af- the country in emergency management amendment falls. fairs Committee, which I chair, that say they are $200 million short in this Mr. REID. I move to reconsider the this partnership between the Depart- area. We simply add $100 million for vote and move to lay that motion on ment of Homeland Security and our our planners across this country to be the table. shipping industry to target high-risk prepared for a terrorist attack. The motion to lay on the table was containers will help to better protect Mr. COCHRAN. Madam President, I agreed to. our ports from terrorist attacks. make a point of order under section The PRESIDING OFFICER. The Sen- The legislation also provides more 302(f) of the Congressional Budget Act ator from Nevada. than $5 billion for the Transportation

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.004 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9757 Security Administration, including $1.8 by the committee. This will help us It is a big challenge. There is no end billion for passenger screening and $150 streamline and strengthen the way we to the list of ways we could spend more million for port security grants. These provide assistance to those on the front money in trying to do that. We are grants provide important security up- lines. guided by the legal authorities laid out grades to help protect an industry that Finally, I add my strong support for by the Committee on Governmental Af- is absolutely vital for our economic the $3.6 billion included in this legisla- fairs. We appreciate so much the guid- prosperity. tion for the Emergency Preparedness ance and leadership of the distin- I am pleased that Chairman COCHRAN and Response Directorate, including $2 guished Senator from Maine in this ef- and Ranking Member BYRD have billion for disaster relief and $153 mil- fort. I commend her very much. agreed to many of the suggestions I lion for the Emergency Food and Shel- The PRESIDING OFFICER. The Sen- have forwarded to them for upgrading ter Program. ator from Maine. our Nation’s Coast Guard. This legisla- As with any appropriations bill, one Ms. COLLINS. Mr. President, I thank tion provides $6.8 billion for Coast can argue about funding levels or that the chairman of the Appropriations Guard operations, including $702 mil- a certain program deserves more subcommittee for his generous and lion for the Integrated Deepwater Sys- money than another. That is also true kind comments. He has been wonderful tems Program, which is vital to help- with this legislation. For example, I to work with on this issue, as every ing the Coast Guard carry out its tradi- would like to have seen more funding other. We are very fortunate to have tional missions even as it meets its for first responders and port security. him leading this essential sub- new and enhanced responsibilities for But given the constraints on the Fed- committee. homeland security. eral budget, I believe the managers of Mr. COCHRAN. Mr. President, I sug- This legislation also maintains our this bill, the chairman and ranking gest the absence of a quorum. commitment to America’s first re- member, have done an extraordinary The PRESIDING OFFICER. The sponders—our police officers, our fire- job. This legislation spends homeland clerk will call the roll. fighters, our emergency medical per- security dollars in an effective, effi- The assistant legislative clerk pro- sonnel—who are on the front lines of cient manner. By providing more train- ceeded to call the roll. the war against terrorism. ing and equipment to our first respond- Mr. DAYTON. Mr. President, I ask As chairman of the Governmental Af- ers, more equipment and funding to se- unanimous consent that the order for fairs Committee, I have made helping cure our ports, and additional re- the quorum call be rescinded. first responders a top priority. The sources to protect our borders, this leg- The PRESIDING OFFICER. Without needs of our first responders are as var- islation gets the maximum benefit out objection, it is so ordered. of the Federal budget, out of the Fed- ied as the communities they protect. If AMENDMENT NO. 1336 there is a local emergency, citizens do eral resources available with the con- straints under which we are operating. Mr. DAYTON. Mr. President, I send not call Washington, they call 911. It is to the desk amendment No. 1336. our first responders who are truly on Again, I congratulate the chairman, Senator COCHRAN, and the ranking The PRESIDING OFFICER. The the front lines in protecting our com- clerk will report. munities and in responding to any sort member for putting together an excel- lent piece of legislation that fairly ad- The assistant legislative clerk read of terrorist attack. as follows: The $3.6 billion for the Office for Do- dresses the diverse needs of our States and communities. I urge quick passage The Senator from Minnesota [Mr. DAYTON] mestic Preparedness, including $1.75 proposes an amendment numbered 1336. billion for State and local homeland se- of the legislation so that the Depart- Mr. DAYTON. Mr. President, I ask curity grants and $750 million for fire ment of Homeland Security and those unanimous consent that further read- grants, is vital to the success of our throughout our homeland can continue ing of the amendment be dispensed first responders. These programs will to work together more effectively on with. provide them with better communica- the crucial tasks that lie ahead as we seek to better secure our Nation. Without objection, it is so ordered. tions equipment, more firetrucks, and I yield the floor. The amendment is as follows: more exercises in training to do what The PRESIDING OFFICER (Mr. they do best—prevent and respond to (Purpose: To prohibit the use of funds for HAGEL). The Senator from Mississippi. procurements in contravention of the Buy terrorist attacks and other emer- Mr. COCHRAN. Mr. President, I com- American Act) gencies. pliment the distinguished Senator from But appropriating the funds, while On page 75, between lines 5 and 6, insert Maine for her leadership as chairman the following: essential, does not complete the job. of the Governmental Affairs Com- SEC. 616. None of the funds appropriated or We must also get these funds where mittee in helping shape the legislation otherwise made available by this Act may be they are needed quickly and effi- that created this new Department and obligated or expended for the procurement of ciently. I have spoken to officials from in monitoring its activities and keep- any articles, materials, or supplies in con- communities around the State of ing up with how they are going about travention of the Buy American Act (41 U.S.C. 10a et seq.). Maine, to the mayor of Baltimore, and managing their responsibilities. to officials throughout the Nation Legislation has already been reported Mr. DAYTON. Mr. President, this about the existing grant programs to out of that committee, for example, amendment reaffirms that all money assist our first responders. They are that deals with such issues as formulas appropriated under this bill will be grateful for the grants, but frustrated for dividing money among agencies and spent in conformity with the Buy by the bureaucracy, the time-con- sharing money with State and local American Act. It is an amendment suming, complicated, and rigid applica- governments. These are very important which passed the House and will be in- tion process, and the mountain of pa- challenges the committee faces be- cluded in that bill. perwork. cause they are the committee of juris- As my colleagues know, the Buy After holding several hearings on diction of homeland security. We are American Act was established in 1933 this topic in the Governmental Affairs just simply providing the funds and and has been in force since then, with Committee, I introduced, with a num- trying to allocate it within the terms only two substantive amendments dur- ber of my colleagues on both sides of of a budget resolution, trying to main- ing that entire 70 years. It is an eco- the aisle, the Homeland Security Grant tain an awareness of the importance of nomic stimulus legislation. It is meant Enhancement Act of 2003. This legisla- holding down the deficit, being respon- to encourage the purchase of goods tion would provide a steady ongoing sible, making sure the funds we invest made by Americans in America, using stream of funding to each and every in these activities are used wisely and American materials and labor. State. It will simplify the grant proc- efficiently and effectively. We want I cannot think of a more suitable ess. It will promote flexibility in the them to really count. We want to be time for this to be honored than now, use of homeland security funds so they sure we are upgrading the quality of with over 3.1 million jobs lost in the can be targeted to the greatest need. I our capability of responding to na- private sector of the U.S. economy urge the Senate to pass this legislation tional emergencies, manmade and nat- since this administration took office. I which has been reported unanimously ural disasters as well. will repeat that staggering number.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.045 S23PT1 S9758 CONGRESSIONAL RECORD — SENATE July 23, 2003 Over 3.1 million Americans have lost I thank the Chair. I yield the floor. This ought to be an easy amendment their jobs in the private sector of our The PRESIDING OFFICER. The Sen- for everyone to support in that, No. 1, economy since January 2001. ator from Mississippi. we all voted for way more money when So it is entirely appropriate that we Mr. COCHRAN. Mr. President, this we passed the authorization for port se- use public dollars that are being appro- provision is carried in the Treasury ap- curity the year before last. We had 100 priated for essential public purposes propriations bill in the section on gen- votes, all Republicans and all Demo- such as homeland security but that we eral provisions. Even though this crats. And then we had the urgent sup- also add a perfectly legitimate public amendment is not necessary to be on plemental—incidentally, that author- purpose, which is to generate as many the Department of Homeland Security ized $4.2 billion. We are not talking in jobs as possible through the expendi- appropriations bill, I have no objection those terms at all. ture of those funds in the United to it being carried on this bill as well. Actually, the Coast Guard surveyed States of America. So we are prepared to accept the 47-some major ports—there are 362 There are exceptions in the existing amendment. ports and 5,000 facilities—but there are Buy American Act to permit the pur- The PRESIDING OFFICER. The Sen- 47 port areas with which we really are chase of goods or services if these con- ator from Minnesota. concerned. In those port areas are some ditions apply. The head of the pro- Mr. DAYTON. Mr. President, I thank 500 different facilities. So at that par- curing agency, in this case Secretary the chairman for his acceptance of the ticular time, we said to the Com- Ridge, could waive these requirements amendment. mandant of the Coast Guard, give us a if he determines they are inconsistent The PRESIDING OFFICER. The study and find out exactly what is with the public interest, which means question is on agreeing to amendment needed. He came up with a $7 billion he has broad latitude and discretion to No. 1336. figure at that particular time. determine that, for any legitimate rea- The amendment (No. 1336) was agreed So we are not at the $7 billion that son, this act should not apply to a par- to. has already been requested and found ticular purchase. Mr. COCHRAN. I move to reconsider needed by the Commandant of the Second, if it is unreasonable in cost. the vote. Coast Guard, not the $4.2 billion au- If the domestic product is of an unrea- Mr. DAYTON. I move to lay that mo- thorized at the time we passed port se- sonable cost, then a foreign product tion on the table. curity legislation and we actually pro- can be purchased. The motion to lay on the table was vided $1.2 billion. We had an amend- Articles that are purchased for use agreed to. ment for $1.2 billion. It was defeated in outside of the United States, or arti- Mr. COCHRAN. I suggest the absence the urgent supplemental, but when we cles that are procured for military of a quorum. looked at the Homeland Security ap- bases, leased from foreign govern- The PRESIDING OFFICER. The propriations bill, the administration ments, are not covered under the act, clerk will call the roll. did not request anything under port se- or if they are not produced or manufac- The legislative clerk proceeded to curity. When asked about it, they said tured in the United States in sufficient call the roll. that is in the critical facilities section, and reasonably available commercial Mr. HOLLINGS. Mr. President, I ask and that is why we take from the $823 quantities or of satisfactory quality. unanimous consent that the order for million this necessary $300 million. There is latitude to assure that none the quorum call be rescinded. Why do I say it is necessary? Right to of the intent of this appropriation, The PRESIDING OFFICER. Without the point, the interim rule requires the which the distinguished chairman of objection, it is so ordered. submission of security plans by Decem- the subcommittee, the Senator from AMENDMENT NO. 1341 ber of this year. I will limit my com- Mississippi, and his colleagues have as- Mr. HOLLINGS. Mr. President, I send ments to the 47 port areas and not the sured, that would require any com- an amendment to the desk and ask for 5,000. This is required by all 5,000, but promise with the intent of providing its immediate consideration. like first responders I think we will all the maximum possible protection to The PRESIDING OFFICER. The be around for quite some time before our fellow citizens. But it does say clerk will report. we get the first responders outfitted as that, when possible, we will be con- The legislative clerk read as follows: they should be. But here we know of sistent with that intent if we are also The Senator from South Carolina [Mr. the threat, and of the 47 port areas, trying to provide American jobs. HOLLINGS] proposes an amendment numbered they are without any approved plan Why is this necessary if it is already 1341. within 1 year from July 1. And they in law? This administration has dem- Mr. HOLLINGS. Mr. President, I ask must have the plans submitted in 6 onstrated that it is not particularly a unanimous consent that the reading of months’ time because by next July 1, if fan of this particular act. The Sec- the amendment be dispensed with. they have not been approved, under the retary of Defense in the Defense au- The PRESIDING OFFICER. Without bill the Coast Guard has the authority thorization bill—the Armed Services objection, it is so ordered. to close the port. Committee, of which I am a member— The amendment is as follows: What has happened is the ports have was successful in getting the applica- (Purpose: To provide funds to increase all gotten together. The captain of the tion of that act significantly weakened maritime security) port under the Coast Guard is the re- as it applies to the Department of De- On page 49, line 2, strike ‘‘$150,000,000’’ and sponsible official. He has had to get the fense and the military branches. I do insert ‘‘$450,000,000’’. Immigration Service. He has had to get not want to see that happen with the On page 66, line 9, strike ‘‘$823,700,000,’’ and the Customs Service. He has had to get Department of Homeland Security. insert ‘‘$523,700,000,’’. the Drug Enforcement Service. He has This is an opportunity for Congress to Mr. HOLLINGS. I will be delighted to had to get local law enforcement. He make it very clear that this act will be read the amendment: On page 49, line 2, has had to get the local public facili- enforced; that we expect it to be fol- strike ‘‘$150 million’’ and insert ‘‘$450 ties, port facilities. He has had to get lowed; that we want it to be utilized million’’; and on page 66, line 9, strike the private port facilities. This young wherever possible because we want to ‘‘$823,700,000’’ and insert ‘‘$523,700,000.’’ officer out of the Coast Guard has had put Americans back to work. What happens on page 49? We add $300 to correlate it all, working together to I know in my home State of Min- million to the port security provision get a master plan for the security of nesota, the greatest imperative for the to which everyone has attested that that port area, and submit it by the well-being of our citizens, as well as they support. When we asked Secretary end of this year—within 6 months time. the recovery of the Minnesota economy Ridge about more money, in that they When he submits it, of course, the and the budget crisis our State is going had not proposed anything in this par- Coast Guard itself has to approve or through, comes down to jobs—jobs, ticular Homeland Security bill, he disapprove the plans coming in from jobs, and jobs; American jobs; good said, well, that is in the critical infra- all over, from 362, but particularly paying, hopefully benefit-providing, structure section. So that is where we these 47 ports, and they have to begin pension-providing American jobs. That take it from as an offset on page 66, to implement them. is what this amendment reinforces. I line 9, strike the $823,700,000 and reduce In terms of a major port in Houston, urge my colleagues to support it. it by $300 million. TX, Long Beach, CA, Seattle, WA,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.050 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9759 Philadelphia, PA, we are talking sense to 2 years on the east coast. There is no ready at the Coast Guard office in the now, we are not talking politics, if we question. Go into Houston, TX, and you Transportation Security Administra- think we need a little bit more in our have ruined the south. We would have tion. But we do not have the money to area for port facilities. I am in pretty to start rationing. Go into Long Beach, follow through. This is an unfunded good shape where I am in Charleston, CA, and you have closed down the west mandate of our own that we want to at SC. Since they closed the Navy yard coast area. least set aside this particular amount, there, I suspect al-Qaida would be look- I worked with all the committee not to solve all of the ports problems ing for a more ripe target. They would members as best I could. I said there is by any manner or means, not to solve be looking at Philadelphia, for in- no other place to find funds, other than all the docking facilities’ problems. stance. what Secretary Ridge himself indi- That would be impossible. You could What could happen? We know Osama cated when we asked why they didn’t not spend that amount of money in 1 bin Laden, according to Lloyd’s of Lon- submit an amount for port security year’s time. But at least we will need don, has control of some 20 vessels. He itself. He said it already is in the crit- these funds in fiscal year 2004 to follow actually owns some 10 vessels and he ical infrastructure facilities program. through to get port security in Amer- has control of an additional 10. So he So we take that money out of there, ica. The fiscal year begins in a couple has control of some 20 regular vessels, and we get it an offset. Of course, of months time, on October 1. It is crit- what you might call rust buckets. It working on the committee, that really ical. was one of these that went into a port takes us to some need that is denied in I yield the floor and I am glad to re- in Kenya 3 years. any other area. We can increase that spond to any questions or comments What happened was that particular amount. We will be working with an in- anyone has. ship docked at the port in Kenya. The creased amount, hopefully, when we Mr. COCHRAN. Mr. President, the terrorist crews jumped off, went and get to conference on Homeland Secu- distinguished Senator from South blew up the American Embassy in rity. Carolina has raised an interesting Nairobi, and went over into Tanzania As the distinguished chairman and question with the amendment that he and Dar Es Salaam and blew up that ranking member know, we must have has offered. He proposes to add $300 embassy, got back on the ship and more money in Homeland Security. We million for the Port Security Grant boarded, and we have not been able to must have more money in our little Program administered by the Trans- find them since. Commerce, Justice, State bill that has portation Security Administration and That tells me—and I used to rep- been cut $910 million, way below last to take that money from another part resent the ports in South Carolina— year. We could not go into conference of the bill—$300 million from the Infor- what we have is not just the ship but with our House friends and formulate a mation Analysis and Infrastructure we have ship crews available to al- bill and take care of the FBI and all of Protection Directorate. This is the Di- Qaida. Osama bin Laden can easily get the other agencies. Just yesterday, the rectorate that has the responsibility to three to four. He does not have to send FBI was increased in this year, $410 conduct assessments of critical infra- them to flight school in Arizona or million on the House side. I believe if structure to protect cyber-security in send them down to Florida. He has you proposed that amendment in the that structure, and to provide the abil- them. They are experienced tanker next 10 minutes on the floor of the Sen- ity to deal with the Threat Alert Advi- crews. These three or four experienced ate, it would receive an almost unani- sory System. tanker crews could work their way into mous vote. We do not want to cut from The total provided in the bill for In- a good Exxon or Texaco or Unocol or the FBI that is enforcing laws against formation Analysis and Infrastructure other oil company, a Chevron tanker, crime. Protection would be reduced from come with that Shell tanker into the FBI Director Mueller is doing an ex- $823.7 million to $523.7 million. I am ad- port of Philadelphia, up the Delaware cellent job fashioning domestic intel- vised that this would deal a severe River, and just before they reach port, ligence efforts. We never wanted to blow to the Department of Homeland the three or four could throw the cap- have that in America, particularly Security efforts to provide the assets tain over, take control of the ship, and after the McCarthy days and the House needed to protect our Nation’s critical ram it right into the tank farm, and un-American Activities Committee. We infrastructure. blow it up. said, learn and study and make abso- Let me also observe that this was an Booz Allen Hamilton did a study; and lutely certain that we are not spying amount that was included in the if there was a major terrorist act at on each other and having a domestic amendment we dealt with yesterday of- the ports, we would have to close down intelligence service. Now, with the war fered by the distinguished Senator the eastern seaboard. The stock mar- on terrorism, we need it. That has to be from West Virginia, Mr. BYRD, al- ket would have to close. We are talking funded. though in the amendment offered by serious business. And here it is that we, This is for just a modest request of the Senator from West Virginia, he as a public body, have set the responsi- the billions and billions included for would have increased port security bility with the Coast Guard, the Trans- fighting the war on terror. The former grants by $460 million. portation Security Administration, Commandant of the Coast Guard and The amendment of the Senator from and the Homeland Security Depart- now the head of the Transportation Se- South Carolina proposes to increase it ment. We have said come up with plans curity Administration, Admiral Loy, is by only $300 million. and have them ready and approved by doing an outstanding job. But let me put in context what a sub- this time next year, but at least sub- We had a debate within the com- stantial increase that is and what a dif- mit them and have them gone over mittee to try to get a sufficient ficult time the Transportation Secu- with, starting in December of this amount just for the transponder tower. rity Administration would have in year. That money is needed—not the An airplane cannot approach the coast- wisely and thoughtfully disbursing $4.2 billion authorized. I don’t know of line of the United States of America those grants to ports throughout the any more critical thing. without us identifying it. We cannot do United States. I worked on Homeland Security with that with respect to shipping. We are Let me illustrate that by suggesting our distinguished chairman, Senator trying our best to use some overhead that we already have $100 million in COCHRAN. Actually, I had the U.S. satellites, but we need to put up the the bill for next year’s spending. But entry and exit program. That was towers. we already appropriated $365 million in under my Subcommittee on Commerce, Once the towers are there, then we fiscal years 2002 and 2003. Of the $365 Justice, State. I am totally familiar can require the vessels themselves to million already provided by Congress with the FBI, the Immigration Service, install the transponders. to the administration for these pur- the Drug Enforcement Administration, As of this moment, we have to get poses, only $260 million has been obli- and many of these particular customs. these plans and we have to get them gated by the administration. But this particular port thing is real moving. The communities are moving. So we have a proposal to add $300 because it is mammoth and it is a way They are ready, willing, and able. They million on top of an account where we to close down the economy for a year are submitting some of these plans al- have $105 million that is unobligated.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.055 S23PT1 S9760 CONGRESSIONAL RECORD — SENATE July 23, 2003 How much we can spend is a question I am sure the reason behind this and above what we put in the bill, and we can ask, but we must also ask how amendment is the impression some- more than they have been able to spend much we can spend wisely in a coher- body created. in the last fiscal year. The fiscal year ent and thoughtful way. But I am not sure we have the infor- is almost up. We are well into the year If you are a port director out there mation available to us right now that 2003 and they have over $100 million and the word goes out that the Trans- is convincing enough to take $300 mil- they have not obligated. portation Security Administration now lion away from infrastructure assess- Let’s give them $150 million for this has over $400 million to spend for these ment and analysis and shift it from one next year. We will monitor carefully grants, you better get a grant applica- Directorate to another Directorate. We the use of those funds. We will monitor tion in. If you get it in quickly, you may be undermining a very essential the needs that are submitted in the will probably get it approved whether part of the effort of planning and as- form of grant applications from around you need it or not, or whether it is a sessing priorities and establishing pri- the country. We will ask them to give good request or a thoughtful request. orities if we move $300 million from us a report as to why they are choosing I am not suggesting anyone would one account to the one suggested. some applications for approval and send in something like that, but the I am not sure we can say or we have funding over others, what are the cri- whole point is if we create an atmos- the evidence that we are now retar- teria. phere where there is a rush to Wash- geting the money in a way that is con- But to come in now and say, we know ington for the money and there is more sistent with our overall national plan. better than what they are doing, we money up there than they can spend The administration says they don’t know better than what they are sug- and the word goes out across the coun- want this amendment approved. They gesting, we know better than what the try to that effect, we are not contrib- do not want the $300 million shifted in administration is asking for, to the uting to national security or to home- the way that the Senator from South tune of $300 million for this one agen- land security; we are contributing to Carolina suggests. cy, I think is too much, is going to the disarray that this agency would be I think we should give them the ben- hurt one agency to try to help another. in in trying to deal with the applica- efit of the doubt. I am not the Sec- And we just do not have the facts to tions in a thoughtful and careful way. retary of Homeland Security. I don’t support it. I am hopeful the Senate will look spend all day every day working to dis- So with great reluctance, I urge the very carefully at this proposal. I sug- charge the responsibilities that Sec- Senate to vote against this amend- gest it should be rejected. I don’t think retary Ridge has, that those who work ment. I have a tremendous amount of we are going to measure the success of with him have, and the heads of the Di- respect for the distinguished Senator this bill with whether or not we spend rectorates who have been given the from South Carolina. He is one of my as much as we possibly can but wheth- power and the responsibility to manage best friends. I have admired him a long er we have spent what we need to spend the authorized activities that we put time. I know he has approached this in this next fiscal year. Of course, more into law when we created this new De- a thoughtful way, and it hurts me to money is going to be needed later. You partment. We have a lot of other things say I just think he is wrong and I be- can’t do it all in 1 year. They haven’t to do. lieve we ought to defeat the amend- been able to spend the money we appro- I am on five subcommittees of the ment. priated last year. Appropriations Committee. We have to The PRESIDING OFFICER (Mrs. Think about that. Now we are going deal with the Interior Department’s DOLE). The Senator from South Caro- to add $300 million more to a $150 mil- funding. We have the Department of lina. lion account. Agriculture. Mr. HOLLINGS. Madam President, I I just think this is piling money. It is My friend from South Carolina has appreciate the complimentary remarks going to create a big pile of money and served as chairman of the State, Jus- but you can’t any better describe the maybe create a false impression of se- tice, and Commerce Appropriations Senator’s resistance and objection to curity. Appropriating the money is not Subcommittee. There are a lot of other the amendment other than as fanciful. going to improve our security. It is the areas that you have to become familiar He goes off into all of the committees. things we do with the money and how with and concentrate your attention It is very interesting to hear him in op- it is spent according to a national plan. on to discharge your own responsibil- position to this amendment say that I am hopeful we can monitor as we go ities as a member of this committee. we have five subcommittees. Each of us along how the administration is spend- The Homeland Security Subcommittee have five subcommittees on the Appro- ing the money. It would be good to is just one of 14 different subcommit- priations Committee. There is nothing know from the Transportation Secu- tees that we have in the Appropria- new about that. Yes, that is what it is, rity Administration why they haven’t tions Committee. the appropriations for the entire Gov- been able to get the money out that we The point I am making is that we ernment. previously appropriated. What is the have to give credit to the administra- Here is some $29 to $30 billion we are reason for that? It would be good for us tion and those people who have been expending for homeland security. I am to be able to describe that now. Maybe appointed by the President and se- talking about one particular section somebody from the Transportation Se- lected by Secretary Ridge to help them where they have facilities-based crit- curity Administration can call us and carry out these responsibilities in de- ical infrastructure. When asked, Sec- tell us why they haven’t spent it. That veloping a national plan, assigning pri- retary Ridge said: Well, that’s the way may help us put this amendment in orities in submitting a budget request, it is. We are going to take care of it. context. and defending it in hearings before our We are going to take care of it. But But I am hopeful we will help ensure committee. when we received the budget, it was before we appropriate an amount like I think we have done a reasonably not taken care of. this that the Transportation Security good job of trying to assess how we di- I am not guessing with figures. The Administration is able to make the as- vide the money that has been allocated $300 million is just a minuscule part of sessments and judge the quality of the to our subcommittee. Everybody wants the $1.7 billion request sitting on Ad- grant applications that it receives to more money. There is no doubt about miral Loy’s desk. I wish he would call be sure the money is being disbursed that. I haven’t had a single request up and get his staff to work and find where it needs to be disbursed as a saying don’t give us the amount of out the facts. matter of national security priority. money we asked for in the budget reso- We started off with $1.2 billion, and I don’t think we have the capacity in lution. The impression you get from the ports came in reuqesting $1.7 bil- the Congress to decide the priorities everybody is that they could use more lion. Well, it takes the Coast Guard among the different ports. Obviously, money. But how much more? and it takes the Transportation Secu- some port directors have suggested Mr. President, $300 million is a lot rity Administration some time to look they need more money than they are more for this one agency, this one ad- over, in detail, these particular submis- getting—that the money that is avail- ministration entity, the Transpor- sions of $1.7 billion. This amendment is able is not enough. tation Security Administration, over just to get it started with $300 million.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.057 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9761 To say that we would create an at- port security standards was $1.1 billion. sending half of the combat-ready bri- mosphere of waste, that we would con- That was the Coast Guard estimate: gades in our Army, half of the total tribute to disarray, that we may be un- $1.1 billion. Let me say again, that was number of brigades. We have 33 bri- dermining the process—come on. What the Coast Guard estimate. gades; half of them, 16, are in Iraq. And nonsense is that? Here we worked on Let’s see how much we provided. then we talk about spending money this thing in a bipartisan fashion. We Previously appropriated: $365 million; here to protect our ports, and it is too had 100 Senators—all Republicans and the committee bill, $150 million; the much money to spend? No. all Democrats—approve $1.2 billion. Hollings amendment, $300 million— I compliment the Senator from The Coast Guard itself comes in and making a total of $815 million. So $815 South Carolina on his amendment. We says, in order to meet the request, the million, even including the amount in are getting men killed over there daily, needs for port security, it is going to be the distinguished Senator’s amend- on the average of one a day in Iraq. at least $7 billion. ment, is still well short of the $1.1 bil- How long, how long are we going to They have on their desk, as I speak, lion that the Coast Guard estimated continue to spend $1 billion a week in $1.7 billion in requests. And he says, we would be the first year cost. Iraq? How long are we going to see the don’t have the information and that I note that the Department received body bags of American men and women this might contribute to disarray. over $1 billion of applications. So the coming back from Iraq, a war that we Come on. Disarray? It contributes to Department can spend this money. It should not have fought? There was no security. He said it would be under- can spend this money well. The only reason to fight that war. mining the process and contribute to reason that the Department has not Now, with respect to the amendment, insecurity. I never have heard such an spent all of the money that was ap- the Coast Guard has estimated that it argument in my life, when we have the proved by Congress last year is that will cost the ports $5.4 billion during actual facts and we minimized the re- the administration refused to spend the the next decade to implement Mari- quest that we know is absolutely need- money. They did not get their act to- time Transportation Security Act ed. gether and agree to spend the money standards, including $1.1 billion this They can vote it down. We are not until Congress directed them to do so year. Yet the President did not request the Mother Superior Security around in the April supplemental. one dime for port security. This here. But I do have a conscience about We are talking about national de- amendment would increase port secu- this issue because I worked with all fense here. We are talking about de- rity grant funding from the $150 mil- sides of the aisle. I worked intimately fense of the homeland. We are talking lion contained in the bill by $300 mil- with Admiral Loy. I work now with Ad- about homeland security. That is the lion. This would provide a total of $450 miral Collins of the Coast Guard. I most important part of national de- million for this program. have been to the ports. We have had, fense: defense of the homeland. Oh, we under the leadership of Senator spend $1 billion a day for national de- As I noted yesterday on my amend- BREAUX of Louisiana, field hearings to fense, not including homeland secu- ment, the Commandant of the Coast all of these particular ports and every- rity—$1 billion a day, a total of $368 Guard testified before the House au- thing else. billion for this next fiscal year. That is thorizing committee, on June 3, 2003, We don’t really begin to get true se- $1 for every minute—I am looking at about the implementation of the Mari- curity but this is just the minimal re- my watch—that is $1 for every minute time Transportation Security Act leg- quirement to get the process out and since Jesus Christ was born. I have al- islation. He said: working. He says they are wisely, ready been speaking for a minute. It The regulatory impact on the Maritime in- thoughtfully disbursing. That is ex- takes me 5 minutes to say, ‘‘Good dustry will be significant, and the time line actly what we are doing, trying to get morning, how do you do?’’ But $1 per for implementing the new robust maritime the disbursement of the funds there. minute for every minute since Jesus security requirements is exceptionally short. They are hanging back because they Christ was born. However, the administration, while can’t get the studies made, and every- We spend $1 billion a week in Iraq. aggressively supporting Federal secu- thing else, and can’t go out and exam- We invaded a sovereign state without rity funding for the aviation industry, ine the ports, and what have you. They being provoked to do so. That sov- has failed in four straight spending re- don’t have all of the personnel. They ereign state did not attack us. But quests to include a single penny for don’t even have the towers up for the under the preemption doctrine of the port security grants, even though 95 transponders. Bush administration, we attacked, we percent of all non-North American U.S. You could talk for the rest of the invaded a sovereign state that had not trade enters our 361 ports around the afternoon about the needs of the Coast provoked us, that had not attacked us Nation. This year, the Transportation Guard. They are the best agency we and was not and never has been, never Security Administration received over have in the Government for the money has constituted an imminent threat to $1 billion of applications from the ports we spend. I can tell you that right now. the security of the United States. for limited funding that was approved I voted against that resolution on Oc- The Coast Guard is outstanding. They by Congress last year. There clearly is tober 11 of last year. I am proud I did have said: Our appraisal now is for at a demand from the ports for help to so. I don’t back up one centimeter in least $7 billion. And that was last year harden physical security to reduce the the statements I made at that time at this time. They have requests on Nation’s well-documented seaport vul- when I said that contrary to what the their desks for $1.7 billion and all we nerability. are asking for is $300 million. Bush administration was saying, con- We hear how we all have five sub- trary to what the President of the The Hollings amendment addresses committees and every subcommittee United States was saying, Iraq did not what many experts view as the great- wants more money, and this is just constitute an imminent threat to the est vulnerability in the Nation’s de- asking for more money because we security of the United States. It didn’t fenses here at home. During the Senate have a subcommittee. Come on. That is then. It doesn’t now. And it hasn’t at Appropriations Committee’s Homeland not responsive at all. any point in between. I said it then. I Security hearings last year, one wit- I hope the Members will act in the se- say it again. Yet we are spending $1 bil- ness, Stephen Flynn, noted that the curity of the ports of the United States lion a week in Iraq. We ought not to Nation’s seaports are the only part of and approve this particular amend- have been there. We ought not to have an international boundary in which the ment. sent our people over there. But we can Federal Government invests no money The PRESIDING OFFICER. The Sen- save that for another day. in terms of security. ator from West Virginia. I am a minuteman when it comes to ‘‘Most ports,’’ said Stephen Flynn, Mr. BYRD. Madam President, I rise discussing that subject. If I had been ‘‘the best you can get is a chain-link in support of the amendment offered by living in 1775, I would have been one of fence with maybe, maybe some barbed Mr. HOLLINGS. the members of Captain Parker’s min- wire.’’ That was Stephen Flynn testi- The Coast Guard estimate on the utemen who assembled on the green of fying before our Appropriations Com- first year cost of implementing the Lexington. No, we had no business mittee in April a year ago.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.059 S23PT1 S9762 CONGRESSIONAL RECORD — SENATE July 23, 2003 Who is Stephen Flynn? Well, let’s commerce each year. That figure rep- doesn’t have time to play games. If you see. Stephen Flynn was testifying be- resents almost two-thirds of the have ever been there—the numerous fore the U.S. Senate Committee on Ap- State’s international trade in 2002. times I have been there, with an air propriations. Stephen Flynn is a senior Florida’s seaports handle roughly 115 alert, within minutes the planes alert- fellow, a Ph.D. senior fellow, national million tons of international and do- ed in Israel are found over Jordan, or security studies, Council on Foreign mestic commodities as different as over the Mediterranean, or over Syria. Relations. He said he had just retired cars, apparel, steel, bananas, petro- They are gone. They have left the from the Coast Guard after 20 years of leum, and computer products. country. The country is in a sense, a service the previous March 15. And he Most of these goods pass into the sort of aircraft carrier. So they cannot had assumed the position as the Jeane country uninspected, because the Na- play around with conferences. Kirkpatrick Senior Fellow for National tion’s ports lack the manpower and There isn’t any question on the credi- Security with the Council on Foreign technology needed to inspect every bility of the so-called statements that Relations. container. In fact, only 1 to 2 percent the administration said, the adminis- He concluded his testimony by say- of all cargo coming into this country is tration requested, the administration ing this, calling attention to the need inspected. That is unacceptable. demanded, the administration vetoed. I for security at our ports: What can we do to solve this prob- think the poor President has a hard This is a problem of the very first lem? time getting along with his staff on the order. This is not a low politics issue. The Coast Guard estimates the total information he gets. First he said the This is a problem that should not just costs of implementing security at Director of the CIA was responsible; he be keeping me awake at night. This state-owned and private seaport facili- had him apologize. Now he says a should be one that the Secretary of the ties will exceed $7 billion over the next White House national security staffer Treasury, the Secretary of Commerce, 10 years. We should acknowledge the is responsible; he had him apologize. the U.S. Trade Representative, and cer- Coast Guard’s expertise by allocating a We will pick up the morning paper and tainly the President of the United significant portion of the $7 billion find it was somebody else. But he put States should be deeply concerned they recommend is necessary to tackle the picture on his own White House about because what we are talking this problem. And we need to commit Internet site of him going over every about is the sustainability of global to providing the remainder in a timely line, word for word, in the State of the commerce and those on-ramps and off- manner. Union, with his own hands. I wish I had ramps at our ports, and they do not In short, we can’t address the port se- that in my pocket. I would submit it have security right now. curity problem soon enough. The $262 for the RECORD so everyone could see So there you are. It should not only million already allocated by DHS is a it. be keeping these eminent personages modest start, but the committee’s fis- So don’t give me this about the ad- awake at night, it should be keeping us cal year 2004 commitment is not suffi- ministration. The best of the adminis- Senators awake at night. And it may cient. Shortchanging our ports this tration wants this. The head of the do so at some point. I hope not. year will only slow the process of up- Transportation Security Administra- Madam President, I laud the distin- grading the Nation’s port security en- tion cleaned that agency up, frankly, guished Senator from South Carolina hancements over the long term. after we instituted it. We had a rather on his amendment and on his state- I ask unanimous consent that my inept administrator there at first, and ment in support of the amendment. He statement appear in the RECORD prior I speak in praise of Admiral Loy, be- is not a Johnny-come-lately on this to the vote on the Hollings port secu- cause he came over from retirement as matter. He is the ranking Member of rity amendment to H.R. 2555. commandant of the Coast Guard. I the Senate Committee on Commerce, The PRESIDING OFFICER. The Sen- have been with him on hearings and on Science and Transportation, and on our ator from South Carolina is recognized. field trips. As the distinguished Sen- Appropriations Committee he is a man Mr. HOLLINGS. Madam President, ator from West Virginia pointed out, of great seniority and experience. He the statement has been made by the there is over a billion-some in requests has been chairman and is now ranking chairman that the administration op- by him. This would only get us a little member of the Subcommittee on Com- poses this. I wonder. I will go right to of what he needs. merce, Justice, State. So he lacks the text of the distinguished Senator Who speaks for the administration on nothing when it comes to experience. from West Virginia on Iraq. A few com- homeland security? Not those ama- He is from a State that has great sea- ments are necessary when you say the teurs in the White House who, in to- ports. He has been talking about this administration was saying various morrow’s paper, will apologize for particular matter for many months. So things to get us into the war in Iraq. whatever they said, or whatever they I salute him and I again compliment Now we find out not just one swallow forgot, or whatever they didn’t know. and thank him. I support his amend- makes a spring, but one 13-word sen- We know. We have studied this thing. ment. tence got us into the war. We heard We tried and we got, in a bipartisan I yield the floor. that in 45 minutes Iraq could launch a fashion, 100 senatorial votes, Repub- Mr. NELSON of Florida. I want to ex- chemical attack. We heard about the lican and Democrat, $4.2 billion. Since press my strong support for Senator aluminum tubes. that time, Admiral Loy said the need is HOLLINGS’s amendment to strengthen We had the distinguished Secretary going to exceed $7 billion. Since that security at the Nation’s seaports. of State at the U.N. with photos point- time, on his desk are requests for $1.7 Improved seaport security is an abso- ing out that there they are, can’t you billion. Obviously, he is not going to lutely essential part of homeland secu- see? You knew he was a judicious and respond to every one of the requests. rity. Many of the Nation’s ports are careful witness up there. You had— He requested $1.2 billion. These are woefully insecure and are located in or well, of all things, not just the facts. near densely populated urban areas. A yellowcake from Niger in Africa, you So when the distinguished chairman weapon of mass destruction could be had the Vice President of the United says you have to wisely, thoughtfully delivered by a cargo ship and unleashed States, DICK CHENEY, say just days be- disburse, that is exactly what we are on tens of thousands of Americans be- fore the attack in Iraq that they had doing—wisely, thoughtfully, and in a fore authorities could react. indeed reconstituted nuclear. And I minimal fashion, as we are not getting Such an attack would also be trouble worked with the Presiding Officer in what factually has been requested. So I for the economy. A major incident at Transportation, which I will get to in a dissent from the expression that we one of the Nation’s largest seaports minute, when she was Secretary of don’t have the information. I resist the could have a dramatic impact on the Transportation. idea that this particular amendment flow of goods in and out of the country, But getting right to this particular may undermine the process and con- which could in turn weaken the al- point, I didn’t have any fear about any tribute to the insecurity, when we ready soft economy. imminent attack on the United States backed up with needs and everything Florida’s 14 deepwater seaports han- or maybe an imminent attack in the else around here. I have been working dle roughly $47.6 billion of water-borne Mideast, on our friend Israel. Israel since 9/11 on trying to provide for the

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.061 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9763 particular needs of the ports—and The assistant legislative clerk called The PRESIDING OFFICER. Without these are the major needs of the major the roll. objection, it is so ordered. ports. Mr. REID. I announce that the Sen- The amendment is as follows: When you talk about a member of a ator from Massachusetts (Mr. KERRY) (Purpose: To increase the funds for research subcommittee and every member wants and the Senator from Connecticut (Mr. and development related to transportation more money for their subcommittee, LIEBERMAN) are necessarily absent. security, and for other purposes) this is not that at all. This is some- I further announce that, if present On page 49, beginning on line 14, strike all thing we worked on in the Transpor- and voting, the Senator from Massa- through line 19 and insert the following: For necessary expenses for research and tation Committee. chusetts (Mr. KERRY) would vote development related to transportation secu- As the distinguished Presiding Offi- ‘‘nay’’. cer knows, when she was the Secretary rity, $200,000,000, to remain available until The PRESIDING OFFICER (Mr. expended: Provided, That of the total amount of Transportation, we worked in a bi- CHAMBLISS). Are there any other Sen- provided under this heading, $45,000,000 shall partisan fashion on the Reagan Na- ators in the Chamber desiring to vote? be available for the research and develop- tional Airport. We did a lot of good The result was announced—yeas 50, ment of explosive detection devices: Provided things. nays 48, as follows: further, That of the total amount provided I have worked in a bipartisan fash- [Rollcall Vote No. 294 Leg.] under this heading $70,000,000 shall be avail- ion. I have not worked around here on able for the Secretary of Homeland Security YEAS—50 port security because we just think, to award grants under section 70107(i) of title since I am a member of a sub- Alexander DeWine McConnell 46, United States Code, to national labora- Allard Dole Miller committee, I want to put in an amend- tories, private nonprofit organizations, insti- Allen Domenici Murkowski tutions of higher education, and other enti- ment and get a little bit more money. Bennett Ensign Nickles Bingaman Enzi ties for the support of research and develop- We are behind the curve on port secu- Roberts ment of technologies that can be used to se- Bond Fitzgerald Santorum rity in this country, and I am worried Brownback Frist cure the ports of the United States. about it, in all candor. Sessions Bunning Grassley Shelby Mr. SCHUMER. Mr. President, I hope Burns Gregg This is a minimal amendment. I Smith my colleagues will listen to this be- Campbell Hagel know the staff, and everyone else, in- Specter Chafee Hatch cause maybe we can get this accepted Stevens cluding the Department, want more. Chambliss Hutchison without a vote. As many in the Cham- They have said so and have requested Cochran Inhofe Sununu ber know, as does certainly the Sen- Coleman Kyl Talent more. I have requested $300 million to ator from Alaska, Mr. STEVENS, to me be added to the amounts. Cornyn Lott Thomas Voinovich one of the greatest holes, one of the I hope folks will in a bipartisan fash- Craig Lugar Crapo McCain Warner greatest weaknesses we face as we try ion support this amendment so we can to defend our homeland is we are not get the Transportation Security Ad- NAYS—48 doing enough to prevent the smuggling ministration and Admiral Loy and the Akaka Dorgan Leahy of a nuclear weapon into this country. Coast Guard some financial support to Baucus Durbin Levin Bayh Edwards Lincoln Our greatest nightmare would be that get these funds administered and dis- Biden Feingold Mikulski some evil group of people get ahold of bursed and get security in the ports of Boxer Feinstein Murray a nuclear weapon and put it in a con- America. I yield the floor. Breaux Graham (FL) Nelson (FL) Byrd Graham (SC) Nelson (NE) tainer in a ship and send it to our The PRESIDING OFFICER. The Sen- Cantwell Harkin Pryor shores. The devastation that would ator from Mississippi. Carper Hollings Reed Mr. COCHRAN. Madam President, Clinton Inouye Reid ensue would be enormous. Unfortu- there has been much made about the Collins Jeffords Rockefeller nately, there is very little to prevent suggestion from the Coast Guard that Conrad Johnson Sarbanes that from happening now. Corzine Kennedy Schumer We are trying to tighten our general we should have over $1 billion available Daschle Kohl Snowe for port security activity. Let me point Dayton Landrieu Stabenow cargo system, but it is not enough in out that in fiscal years 2003 and 2004, Dodd Lautenberg Wyden terms of preventing a nuclear weapon several other agencies of the Depart- NOT VOTING—2 from coming into this country. I sought experts shortly after 9/11 and ment of Homeland Security, other than said, How do we prevent this from hap- the Transportation Security Adminis- Kerry Lieberman pening? They said, There is good news tration, have been provided funds that The motion was agreed to. and bad news. The good news is nuclear are to be used for port security activi- Mr. COCHRAN. I move to reconsider devices are detectable because they ties. The Coast Guard itself has been the vote and I move to lay that on the emit something called gamma rays, provided up to $888 million in 2003, and table. which pass through everything. The it is provided $1.201 billion in this bill. The motion to lay on the table was bad news is the only practical detec- The Bureau of Customs and Border agreed to. Protection has been provided $170 mil- tion devices right now are Geiger The PRESIDING OFFICER (Mr. counters and the Geiger counter has to lion for increased personnel at mari- CHAMBLISS). The Senator from North time points of entry, and $33 million is be held 2 or 3 feet from the object. Carolina. You can’t go on every container and available in this bill for all ports of Mr. SCHUMER. I am flattered. Al- entry, including seaports, for the con- put a Geiger counter near each crate. though I love New York, I have never It will bring commerce to a standstill. tainer security initiative. All have been told I come from anywhere south been funded in a total amount, if we But, they said, the cyclotrons at of Washington, DC. Brookhaven National Lab and Ar- add it up over 2003 and 2004, of $3.29 bil- The PRESIDING OFFICER. I apolo- lion available for the security of our gonne, our national energy labs, detect gize to North Carolina. radiation 60, 70, 80 feet away. The trou- Nation’s ports. Mr. SCHUMER. I was trying to be We are doing our best to allocate the ble is, the devices are not practical. nice, Mr. President, but I guess that They are delicate, they cannot be funds to those agencies within the De- does not pay around here these days. partment that can help us secure our bounced around, and they are large. AMENDMENT NO. 1343 maritime ports. I hope the Senate will But, they said, it should not be too dif- Mr. SCHUMER. I have an amendment agree with us, but it is now time for ficult to practicalize these devices and at the desk. the Senate to work its will. then place them on every crane that The PRESIDING OFFICER. The I move to table the amendment of loads or unloads a container. It would clerk will report. the Senator from South Carolina, and I emit a noise if, God forbid, a nuclear The bill clerk read as follows: ask for the yeas and nays. weapon were on board that container, The PRESIDING OFFICER. Is there a The Senator from New York [Mr. SCHUMER] and we could stop it. sufficient second? proposes an amendment numbered 1343. Everyone agrees this is a good thing There is a sufficient second. Mr. SCHUMER. Mr. President, I ask to do. The problem is finding the re- The question is on agreeing to the unanimous consent that the reading of sources to get it done. So last year the motion. The clerk will call the roll. the amendment be dispensed with. Senate voted for $150 million to do this.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.063 S23PT1 S9764 CONGRESSIONAL RECORD — SENATE July 23, 2003 But when we got back from the con- sissippi and others could work some- that. I have no pride of authorship. I ference, I think $10 million was left in, thing out here so we could come to a just want to get these devices done. which was not close to enough. compromise and get this amendment Mr. COCHRAN. Mr. President, if the I have proposed in this amendment accepted in the legislation. Senator has completed his statement, I that we add another $70 million to gen- I yield the floor. would be happy to continue. The com- eral homeland security research, solely The PRESIDING OFFICER. The Sen- mittee is recommending in the appro- for the purpose of developing these nu- ator from Mississippi. priations bill $130.2 million for research clear detection devices. But if my good Mr. COCHRAN. Mr. President, I was and development. The way that is bro- friend from Mississippi thinks we do listening to the Senator from New ken down even further as explained in not want to add any money into the York to be sure I understood what he our committee report on page 31, $55.2 bill, I would be satisfied with ear- was suggesting. He said if I didn’t agree million goes to a Technological Center marking $70 million of the existing re- to one thing he would offer another for Research and Development. That is search funds for this very purpose. Al- thing and I am not sure what he sent to where the kind of work the Senator is though it would take money away from the desk and that is why I decided to talking about is done. An additional other research, it would not increase go look. From what I understand, the $45 million goes to the next generation the overall amount. Senator has offered an amendment of explosive device systems. The third I cannot imagine research that is that would—well, the reading of this category of funding is $30 million more needed. As I mentioned, I would seems to add $70 million, or earmark which goes to an air cargo pilot pro- be happy to substitute the second $70 million from the amount made gram. amendment which does not raise the available for research and development The point is the Senator is coming in and adding $70 million to this account overall price and earmarks the money. to the Secretary of Homeland Security, without an offset. That is going to vio- All I can say is. God forbid a nuclear to award grants to national labora- late the Budget Act. Because we have device is smuggled into this country; it tories, private and nonprivate organi- been unable to accept any amendments would be our worst nightmare. The fact zations, institutions of higher edu- that are drafted like that, I would be we can do something about it and the cation, and other entities for the sup- constrained to make a point of order fact we are not doing enough about it port of research and development of because the amendment would violate to me is a dereliction of our duty, of technologies that can be used to secure the Budget Act. That would be my in- our responsibility to make our citizens the ports of the United States. tention if the Senator insisted on this safe. I want to be able to say to my What he then talked about was a amendment. If the motion to waive the constituents—I think every Member technology he would require to be de- Budget Act fails, the Senator can offer here does—that every container enter- veloped with funds in this amendment his alternative. ing this country has no nuclear weapon to detect nuclear explosive devices I do not know how else to proceed to in it. By developing technologies like that were attempted to be brought into consider the other amendment unless passive detectors, we can make sure ports or brought into the United we deal with this one first. I just want- that happens. There is not a question States. ed to make that point. as to whether this is feasible. It is not The point is, we already have in the Work is being done now. I am advised just spending the money and putting it bill $55.2 million for a technology cen- that work is being done now on the down a black hole. The $10 million that ter which conducts the research and kind of research that would lead to, we was allocated last year, even though engages in the work that leads to the hope, eventual deployment of the kind this House voted for $150 million, is too development of such protective de- of system about which the Senator is little. The $70 million—I would rather vices. talking. But we are unable to earmark have it be higher, but the bottom line I am confused by what the Senator that kind of money in this bill without is this. Terrorists know our weak- said he is trying to do and what he sent eliminating funding for other research nesses. Right now, let’s hope none of to the desk. I have to be honest. activities which are also underway. them has a nuclear weapon. But, if, Mr. SCHUMER. Will the Senator We can’t do everything at once. God forbid, they did—if, God forbid, yield? There is just not enough money. That they did, they could bring it into this Mr. COCHRAN. They are not all the is the rationale for having to make country through one of our ports and same thing. That is my point. some choices and to allocate the funds have a darn good chance, an all-too- I would be happy to yield. as the committee has chosen to do in high chance of succeeding. Mr. SCHUMER. I have taken the first this bill. So I say to my colleagues, there may amendment and added $70 million in If the amendment the Senator is of- be no amendment to this bill more im- general homeland security research. fering does violate the Budget Act, I portant than this one to the future But it requires the research to go into am going to have to make a point of safety of our citizens, our beautiful and port security. The language is not spe- order. And the Senator can move to wonderful 280 million Americans; cific. I can make it specific. It was in- waive it. The Senator can move to maybe no amendment that we vote on tended to be for the research into these waive it, if he so chooses. He has that this year. This is a quiet issue. It has devices. We can get together and make right. not garnered that much attention. But it specific. I don’t know why we didn’t. Mr. SCHUMER. Will the Senator it is a vital issue. This should show We probably should have. But it just yield for a question? Mr. COCHRAN. I have yielded the whether Government can work. Be- earmarks it for port security as op- floor. cause this is what we should be doing. posed to general security. The PRESIDING OFFICER. The Sen- The second amendment, which I I hope my friend from Mississippi ator from New York. will accept this amendment. I would haven’t sent to the desk, doesn’t in- Mr. SCHUMER. Mr. President, I first rather not call a vote on it. As I said, crease the overall amount for research make a point. Yes, there is $55 million I would be willing to substitute for this and development. But this one does. for this, but none of that has to be used the offset. But we cannot delay any This would increase it by $70 million. It for nuclear security devices. There is further. Every year we delay makes it is not taken from the rest. But the no allocation for any research to be more likely that this horrible situation other one earmarks $70 million of the done for this very important part of re- could occur. existing $130 million for this very pur- search. I do not want to be in a ‘‘what if’’ pose. I have to say, with all due respect, mode. What if, God forbid—God for- If the problem is making the lan- that there are lots of different kinds of bid—a nuclear weapon were exploded in guage more specific, I am willing to do research which will be done that don’t this country? And what if the next that. guarantee any. Last year, we put $10 morning we said to ourselves: Why I am not familiar. I ask my colleague million in for this, but the Senate didn’t we do something about it when a question: Where does the $55 million voted for $150 million. we knew we could? that he is refers to go? As I understand But I ask my colleague a question: With that, I will relinquish the floor it, there is $10 million we passed last First, where is this institute? I am not and hope my colleague from Mis- year. But I would be happy to look at even familiar with it.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.066 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9765 Mr. COCHRAN. Mr. President, if the good job on air research, will do this. I would just, once again, say to my Senator will yield, the technological Then I say to my colleague—I say to colleagues, I plead with you; this is not center is in Atlantic City, NJ. everybody here—to not put any money a political issue for me at all; this is Mr. SCHUMER. Second, I ask my col- into this when this is the greatest dan- about the safety of America. Let us league if we were not to violate the ger we face is a dereliction of our re- find some way to find some money. Budget Act but, say, allocate $70 mil- sponsibility. I am willing to offset. I I am not saying the committee lion or some sum within the $130 mil- am willing to work. But the $55 million should be omniscient and should have lion for research that should specifi- that is in this institute is not going to thought of everything. This is one area cally go for nuclear detection devices, go to the kind of research we are talk- on which I have spent a lot of time. I would my friend from Mississippi be ing about. Even if they were to give the can assure every one of my colleagues willing to support something like that? money to this institute to do it, it that the money could be well spent. Mr. COCHRAN. Mr. President, I would have to reinvent the wheel when Every expert says it can be done. And would not. I am not going to tell an our existing research laboratories can every expert who looks at our budget agency of this Homeland Security De- do this. says it is not being done now or is partment how to do research or where Last year, we had sort of a consensus being done at such a slow pace that we to put the priorities for research. Some that we had to do something, but in are almost inviting people to harm us. of the information about detection of conference we lost the dollars. We are So I am disappointed—I have to tell these devices I am sure is classified. I taking a step backward here. This is you, I am disappointed, whether we am not going to get into the business what everyone worried about after 9/ violate the Budget Act or not, because I am willing to go either way—that we of having a public debate over exactly 11—that we would become complacent. cannot find one thin dime more for this how much is being spent on that. We From all of the moneys in the budget, we can’t find $70 million to do research vital research. have asked the directorate if funds are I yield the floor. being used to conduct this research, to deal with perhaps the greatest dan- ger that faces us. That is wrong. That The PRESIDING OFFICER. The Sen- and they say that the research is being ator from Mississippi. is something we, hopefully, will never done. But, frankly, I don’t have a dol- Mr. COCHRAN. Mr. President, in ad- regret. But we may. lar figure that I can tell you as to the dition to the research account that the I say to my colleague from Mis- exact amount which would be spent in Senator seeks to amend with the sissippi that this Atlantic City re- this next calendar year on this subject. amendment he submitted and which is search center, as my friend Senator But it is less than $5.2 million. We at the desk, the Department of Home- LAUTENBERG from New Jersey said, is know that. land Security is engaged in a wide part of the FAA. That has nothing to Mr. SCHUMER. There is $10 million range of broad-based research activity do with the research we are talking we allocated last year for this. The under the auspices of the Science and about. It does a good job. Senate voted for $150 million. There Technology Directorate. I ask my colleague, where is this re- was no subcommittee at that point on The Transportation Security Admin- search going to be done? istration funding is affected by the homeland security. Senator STEVENS I say to all of my colleagues, if we amendment at the desk. There is a lot supported it. But when it came back don’t do this amendment, and we say it of other research that is being done re- from conference, it only had $10 mil- is because of the Budget Act, my good- lating to radiological and nuclear lion in it. ness, we just passed $350 billion in tax countermeasures. I am convinced that I think my colleague would under- cuts without even talking about the much of what is being done in terms of stand that this kind of research should Budget Act. And we can’t spend $70 not be done in some new institute. developing new ways of dealing with million to make our homeland secure the problem the Senator describes is There are experts who have done this from the greatest danger that would already at our national energy re- being done under the auspices of the face us—greater than biological weap- Science and Technology Directorate. search laboratories. They can detect ons, greater than chemical weapons? radiation. It is just that the device has Here are some examples of the work What is the matter with us? that has been funded over the last 3 to be practical, and it is not right now. Mr. LAUTENBERG. Will the Senator That is why we need this specific quick years and is being funded again this yield for another question? year in this bill: sensor research and allocation. Mr. SCHUMER. I am happy to yield. development. This is for radiological But if my colleague from Mississippi Mr. LAUTENBERG. If there was a and nuclear countermeasures. In 2003, doesn’t want to allocate any specific manifest that said ‘‘nuclear weapon on there was $10 million appropriated and money for this purpose, whether we its way,’’ could you imagine something enacted; $40 million reprogrammed for violate the Budget Act or not, I guess like that? We have all these containers. this account in fiscal year 2003. Mr. there is no compromise we can reach. These are hidden boxes. You don’t President, $71 million is contained in I would be happy to yield to my col- know what kind of cargo is in them. To the Senate bill for sensor R&D. So over league. me, it is one of the more susceptible Mr. LAUTENBERG. First, I com- that 3-year period—$10 million, $40 mil- areas for a terrorist attack of major lion, $71 million—you have $121 million mend the Senator for this very magnitude. Thus, I ask the Senator, do thoughtful and very important amend- that has been appropriated for sensor you know from what part of the budget R&D. ment. I wondered whether the Senator the $70 million you are proposing be Also, there are other accounts, such was aware that though we have a re- used, which is out of $29 billion and is as detection systems product improve- search facility in Atlantic City in my a very small fraction when you con- ment, demonstrations, remediation and State, it is primarily focused on avia- sider the risks that might ensue? consequence management—a wide tion. While they do explosive research, Mr. SCHUMER. Right. range of other activities. The total for I believe the Senator would agree that Mr. LAUTENBERG. I understand radiological and nuclear counter- this is more intent on examining the that is where the Senator is going with measures for this year alone, in the bill result of nuclear explosives—the kind this amendment. we have presented, is $131 million. In of detonation that would really wipe Mr. SCHUMER. I thank my colleague 2003, the total was $75 million. So we out a whole port or a major facility. for the question. Obviously, this is a have almost doubled the amount for Is that what the Senator wants to es- real problem. Obviously, we should be the science and technology research tablish—that it is port specific and doing something about it. And some- that is being done in this particular maritime specific and that we ought to how, because the committee, in its wis- area. So this isn’t the only account get on with it to protect our ports? dom, said $55 million for this and $40 that is available. Mr. SCHUMER. I thank my colleague million for this and $10 million for this, Mr. SCHUMER. Will my colleague for that point. and we can’t break the Budget Act, we yield? I say to my friend from Mississippi should ignore this problem. Why the Mr. COCHRAN. I am happy to yield. that it is probably likely that none of heck do we have amendments on the Mr. SCHUMER. I am not aware, in the $55 million of this specific insti- floor? No one objects to the substance, all the research my friend from Mis- tute, which I am sure is doing a very it is just finding room for it. sissippi read off, that any is being done

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.069 S23PT1 S9766 CONGRESSIONAL RECORD — SENATE July 23, 2003 for the specific thing I talked about, administrators of this new Department DURBIN and I have been friends now for which is to develop not just a nuclear and to maintain oversight, as we cus- 21 years. He was an outstanding Mem- sensor somewhere but nuclear sensors tomarily have done, and will do, to be ber of the House of Representatives. He that can go on cranes when they load sure they are spending the money wise- did many things so well. and unload containers. ly. One of the means set up for Members Every expert who looks at how they If the Senator would take my word of the House of Representatives to ex- would do a nuclear device here, how for it, I would be glad to follow up and press themselves is what they call 1- they would explode one going into this monitor the use of these funds to be minute speeches. Every morning Sen- country—it is very hard to do it on a sure we are doing research for the de- ators can speak for up to 1 minute on plane; they are heavy; they can’t do it velopment of the types of protective any subject they want. Senator DURBIN on a truck very easily—you do it in the devices the Senator described. I think gave some really classic 1-minute big containers that come through the we should be able to do that. I am con- speeches. One that people will always ports. fident we are doing research in that remember was one dealing with base- I don’t see anything, from what the area. But all I can do is tell you that. ball bats, Louisville sluggers. It was a Senator has read off, to show this is I am not in charge of it. There are peo- dramatic speech and interesting, being done. I would be happy to delay ple who are competent and well quali- funny. for a bit. We could do some research fied who are doing that work. So I am People may not always agree with and call Homeland Security and see if going to resist the Senator’s amend- what Senator DURBIN says on the Sen- they are doing this. Just to read off a ment. ate floor but I have always believed number of accounts and say there is re- The PRESIDING OFFICER. The Sen- and always will believe that he is a search being done, and maybe some of ator from New York. man of the highest caliber as far as in- it is being done in the area I am talk- Mr. SCHUMER. Mr. President, I ask tegrity goes. I have served in govern- ing about—which I know everyone for the yeas and nays on the amend- ment for many years. There is no one I thinks is important—isn’t good enough ment. would put above Senator DURBIN for because this is so important. Mr. COCHRAN. Mr. President, to basic morality. So I ask the Senator, does he know of save the Senator trouble, I make a Having said that, what I want to do any specific funds that will definitely— point of order that the amendment of this afternoon for just a short period of not maybe but definitely—go to the re- the Senator violates the Budget Act. time is defend not only Senator DUR- search we are talking about; namely, The amendment of the Senator from BIN, the senior Senator from Illinois, nuclear detection devices to prevent New York provides spending in excess who is, in my opinion, an exemplary nuclear weapons from being smuggled of the subcommittee’s 302(b) alloca- Senator, exemplary in the fact that he in, in a container? tion, and under section 302(f) of the is someone who speaks out for issues The PRESIDING OFFICER. The Sen- Congressional Budget Act, I make a he believes in, speaks out against ator from Mississippi. point of order against the amendment. issues he does not believe in, and he Mr. COCHRAN. Mr. President, the The PRESIDING OFFICER. Is there a does it very well. He is a hard worker. Bureau of Customs and Border Protec- sufficient second on the amendment? He covers his State extremely well. tion is another agency that is involved At the moment there is not a suffi- I never believed that someone could in the research and development of de- cient second on the amendment. replace the great Paul Simon, a person tection and monitoring equipment and The Senator from New York. with whom I served. He was lieutenant devices, particularly at ports. Port ra- Mr. SCHUMER. Mr. President, I governor of Illinois; I was lieutenant diation detection and monitoring is move that the Budget Act be waived governor of Nevada. We served in the funded in this bill that is before the and ask for the yeas and nays. House and Senate together, a person Senate in the amount of $90 million. The PRESIDING OFFICER. Is there a who we all cared about a great deal, a Mr. President, $119 million is provided sufficient second on the motion? great deal of affection for Paul Simon in the bill for critical equipment at There appears to be a sufficient sec- because of his tremendous abilities and ports of entry, including seaports. ond. his being a person of great sensitivity. The point is, I am happy to join the Is there further debate on the motion I have to say that as good as Paul Senator in an inquiry of the Depart- to waive? Simon was, DICK DURBIN is as good as ment of Homeland Security to try to Mr. COCHRAN. Mr. President, I sug- Paul Simon. I rise today not only to get an answer that is specific to his gest the absence of a quorum. defend the senior Senator from Illinois question. But I am not prepared to re- The PRESIDING OFFICER. The but I think to defend every Member of write this bill on the suspicion the Sen- clerk will call the roll. this body. Yesterday the Senator from ator has that not enough research is The legislative clerk proceeded to Illinois took the floor of this Chamber being done on this particular issue. call the roll. to address allegations that have been I think we are doing research on this Mr. COCHRAN. Mr. President, I ask made about him by others. Unknown point, and not at just one center or not unanimous consent that the order for people have been spreading rumors and at just one research facility. I men- the quorum call be rescinded. innuendos that Senator DURBIN, a tioned the technological center in At- The PRESIDING OFFICER. Without member of the very prestigious and im- lantic City, NJ. They are doing work in objection, it is so ordered. portant Intelligence Committee, No. 1, this area that is funded in this par- Mr. COCHRAN. Mr. President, I ask disclosed classified information; that ticular account. That is why I de- unanimous consent that the vote on is, the name of an individual in the scribed it, because it is funded in this the motion to waive the Budget Act in NSC or disclosed sites in Iraq. Of $55.2 million account for research and connection with the Schumer amend- course, that is simply not true. Every- development. And that is what that is. ment occur at a time to be decided in one knows it is not true. That is under the auspices of the consultation between the two leaders. When it was shown that there was ab- Transportation Security Administra- The PRESIDING OFFICER. Without solutely no basis to it factually, then tion. objection, it is so ordered. people started saying: Well, even But these other agencies, these other The Senator from Nevada. though the matters discussed in the directorates are also involved in re- Mr. REID. Mr. President, I came to very important Intelligence Committee search over a wide range of activities Washington in 1982 as a Member of are not secret, when a matter is dis- to more fully and more capably protect Congress. That class of Democrats in cussed in the Intelligence Committee is our homeland. That is the purpose of the House of Representatives was one not secret, you still can’t talk about it the Department. That is why we appro- of the largest we had in the history of outside the Intelligence Committee priated these large sums of money, and the country, second or third largest hearing room. I think having said that, we will continue to do so. class ever. A number of my colleagues it pretty well determines that that is So I am hopeful the Senate will trust in that class are now Members of the an impossible standard to uphold. the committee to divide the funds Senate, including the senior Senator Senator DURBIN didn’t leak this in- among the competent directorates and from Illinois, Mr. DURBIN. Senator formation. There is no question about

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.072 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9767 that. I, as every Member serving in the (A) provide a national framework for Fed- or when they vacate their homes, of- Senate, take an oath upon assuming eral, State, and local governments, private fices, schools, factories, et cetera? this office to uphold the Constitution. industry and the public to gauge threat lev- Some Americans have stopped going to Every Senator takes that responsi- els; malls, some avoid public transpor- (B) establish the integration of factors for bility very seriously. Senator DURBIN assignment of threat conditions; tation, and many cancel trips. These takes that responsibility very seri- (C) unify the system of public announce- arbitrary behavioral changes can have ously. It is part of our job, as we rep- ments, allowing government officials and a serious impact on our already weak resent the citizens of 50 different citizens to communicate the nature and de- economy. States, 270 million people. We are Sen- gree of terrorist threats; and These are questions we have to ask: ators from our respective States but we (D) provide a tool for combating terrorism Does work stop? Do classrooms close? are also United States Senators. We by deterring terrorist activity, notifying law Does shopping halt, no matter how es- discuss issues and debate differences of enforcement and State and local government sential the goods? Should Americans officials of threats, informing the public opinion. That is what makes this coun- about government preparations, and pro- take precautions? try so great. But also what makes this viding such officials and the public with in- The Department of Homeland Secu- country so unique is the understanding formation necessary to respond to the rity doesn’t tell us. I am not faulting that the common good of our country threat; the work they are doing, honestly, at is more important than the political (2) the average daily cost of elevating the the Department of Homeland Security. differences, the realization that we all Homeland Security Advisory System by 1 This is all still in its formative stages. respect one another enough to tell the threat level; We don’t know quite where it is going truth even when we disagree on an (3) an evaluation by the Inspector General to come to rest yet or where it is most of the Department of Homeland Security of issue. effective. the responses to each of the suggested pro- DHS tells us to be vigilant. I don’t No one should ever suggest that Sen- tective measures to be taken at each threat ator DURBIN doesn’t always tell the level; and know what that means. I am sure most truth. I believe this very sincerely and (4) a review of efforts taken by the Depart- of the American public doesn’t know very certainly. I again repeat, under- ment of Homeland Security to refine the exactly what being vigilant means. The score, and underline the integrity of Homeland Security Advisory System, and system presents high costs to local this friend that I have had for 21 years the progress of tailoring the system so that communities. When the threat level is who has served this country extremely threat alerts are issued on a regional basis elevated, local first responders are rather than nationally. well as a Member of Congress for that forced to respond by deploying already entire time. So I don’t want to specu- Mr. LAUTENBERG. Mr. President, overworked police and firefighting peo- late as to why someone would be with this amendment to the Homeland ple and by bolstering other first re- spreading rumors to the contrary. Security appropriations bill, I want to sponse systems without added Federal Senator DURBIN has political opin- see if we can improve in some measure financial assistance. ions, and he is very willing to discuss the terrorist threat warning system When the DHS raises the alert, they them. I hope that someone who dis- that we have in place and make sure provide almost no specific guidance to agrees with his political opinions that it is working as it is intended. State and local governments. It re- would not spread rumors that are with- I believe the current homeland secu- quires State and local authorities to out any fact. If anyone has any evi- rity advisory system—the colorful make many of their own decisions, or dence to the contrary, let them come tiered alert system—does little to reas- perhaps all of them, on how they forward. sure the public they are safer as a re- should respond. In my State, like the But during the time this issue has sult of these warnings. Based on re- rest of the country, when the alert is been fermenting and people have been ports I get from first responders in my elevated to orange, or high, local offi- leaking information, it simply is with- State and experts throughout the coun- cials tighten security on highways, out foundation. There has been no fac- try, I believe this advisory system railroads, bridges, bus terminals, Fed- tual evidence coming forward. We can- must be reevaluated and improved. eral buildings, and densely populated not have sneak attacks on the char- The amendment simply calls for a re- areas. And this is an extremely expen- acter of a Member of the Senate. They port from the Department of Homeland sive undertaking for State and local should stop immediately. Security within 90 days of the passage governments. Cost alone, while impor- The PRESIDING OFFICER. The Sen- of this bill evaluating how effective the tant, is not the only factor. Disruption ator from New Jersey is recognized. terror advisory system is in meeting of normal life is a victory for terrorists AMENDMENT NO. 1344 its goals. We are all familiar with this without any demonstrable benefit to Mr. LAUTENBERG. Mr. President, I program. There are five levels, ranging our society. send an amendment to the desk. from low risk to severe risk. You can The U.S. Conference of Mayors re- The PRESIDING OFFICER. The see on the chart this color-coordinated cently released new data compiled clerk will report. presentation. The Department has from a survey of nearly 150 cities na- The legislative clerk read as follows: color coded each risk level to make it tionwide. They estimate that cities The Senator from New Jersey [Mr. LAU- easy to understand. throughout the country are spending, TENBERG] proposes an amendment numbered However, I don’t believe this color on average, nearly $70 million each and 1344. war against terrorists is working. On every week in additional homeland se- Mr. LAUTENBERG. Mr. President, I four instances over the past year, Sec- curity costs due to the heightened ask unanimous consent that further retary Ridge has raised the threat level threat alert level. reading of the amendment be dispensed from yellow, elevated risk, to orange, These costs come in addition to the with. high risk of terror attacks, based on in- existing homeland security spending The PRESIDING OFFICER. Without creased terrorist chatter or other intel- since 9/11, which the mayors estimated objection, it is so ordered. ligence information. Aside from these to be around $2.6 billion in the first 15 The amendment is as follows: instances in which the threat level was months after the tragedy. However, (Purpose: To provide for a report to Congress at orange, the system has been evalu- this only asks the cities about direct on the Homeland Security Advisory Sys- ated at the elevated yellow status since costs. There are also indirect economic tem, and for other purposes) its inception in March 2002. ramifications of code orange alerts On page 75, between lines 5 and 6, insert What I want to do now is discuss a se- that diminish tourism and other lucra- the following: ries of concerns I have about the color- tive industries. The mayor of Atlanta, SEC. ll. Not later than 90 days after the coded system and its repercussions. for example, has said the city’s hotel date of enactment of this Act, the Secretary First, the system evokes confusion occupancy is down 8 percent and 16,000 of Homeland Security shall submit a report and fear among Americans who want to in unclassified form to Congress on the hotel jobs have been lost. Homeland Security Advisory System, which respond to the elevated risk levels, but There are also innumerable indirect shall include— the question they raise is, Should they nonfinancial costs of the current terror (1) an assessment of how the system is ful- be changing their daily patterns with- alert system. For example, when a po- filling its missions to— out advanced knowledge about where lice officer who is normally assigned to

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.075 S23PT1 S9768 CONGRESSIONAL RECORD — SENATE July 23, 2003 antigang work, or some other assign- tion from those who have the knowl- big change is taking place. I hope ev- ment, is reassigned to guard a public edge and have the resources to research erybody will take a serious look at this building, that is a real serious cost to this. and think about their constituents a city. And also it damages the law and The Homeland Security Department back home who have called them, who order structure that must be contended requires Federal agencies to respond to have written them letters, who asked with at the same time. an elevated threat at the Department’s for advice. Let them ask the mayors in My third concern is that the system own discretion, but does not issue spe- their communities or the Governors in is not tailored to give warnings on a re- cific guidance to Americans in State their States what they think. gional basis. Increased terrorist chat- and local governments. I want to make sure it is understood. ter may suggest that a major New Eng- This lack of guidance can cause a lot I am not leveling broadside criticism land city is subject to a possible of confusion and, in some cases, real at the Department of Homeland Secu- threat. But small towns in the South- panic. I have, through the process of rity or Secretary Ridge. I think he is a west are also now asked to respond. these alerts, had calls—less now than I very capable executive. We all want to Other nations that face terrorist had in months past: Should I go to New do our best with this issue, spend our threats have a more sophisticated lo- York? My children have to travel to money most efficiently, but disrupt life calized system. Experts continue to school on the turnpike. Should they be as little as possible. recommend that the United States es- on the turnpike? Should we do this and Mr. President, I ask for the yeas and tablish a threat alert system similar to should we do that? In many cases, peo- nays. The PRESIDING OFFICER. Is there a that in Israel, where intelligence or ple want to know whether they should sufficient second? terrorist chatter is translated into spe- stay home and guard their household At the moment, there is not a suffi- cific warnings about geographical and their families. cient second. areas that might be more susceptible Lord knows we hope not, and we Mr. LAUTENBERG. I yield the floor. to a terrorist attack. For example, in should take that kind of action. We The PRESIDING OFFICER. The Sen- Israel, threat warnings are easier to cannot let the terrorists win by immo- ator from Mississippi. understand. For example, the Israeli bilizing our activities. We need to do Mr. COCHRAN. Mr. President, the Government would issue a terror alert better. The system has problems that Senator has made some excellent for an area of the country such as Gal- at least ought to be reviewed, and I be- points. He has pointed out, for exam- ilee. If we have reference to a targeted lieve that improvements must be ple, the need for a review of the color- region in the U.S., we ought to provide made. coded warning system. specific information. Is it New Jersey? I am not saying we should not spend I am pleased to advise the Senator, it Is it Los Angeles? Is it Des Moines, IA? the necessary money to deploy more is my understanding that the Depart- Where is it? Is it the port that we were police officers to malls, nuclear plants, ment is undertaking just such a review discussing before? We have so many chemical manufacturing or distribu- at this time. He makes some excellent port assets in our country that need to tion facilities, train stations, or Fed- suggestions about categories of warn- be protected against terrorist attack. eral buildings. I am a firm believer in ing or targeted areas of warning. That So where do you apply the pressure? spending whatever we have to spend to should be considered as well. Where do you spend the money? protect our security at home. But I am I am willing to take this amendment Four, when the threat level is issued, not convinced the homeland security to conference and urge, if we can con- there is no description of the nature of advisory system is the most efficient vince our colleagues in the House, that the threat that can help those expected way of assessing threat and organizing there should be a provision in our con- to respond. We are not going to be local response. ference report that encourages this naive about this. We are not saying we On June 6, shortly after the threat kind of review and requires a report have information that such-and-such level returned to yellow from a Memo- back to the Congress so we can know shopping mall is going to be attacked rial Day elevation to orange, Secretary the status of it and what the expecta- and, therefore, avoid that mall. We Ridge himself acknowledged the color- tions are of completing a review, giv- cannot be that specific. But we ought coded alert system needed readjust- ing us some of the details in a report so to be able to narrow it down from just ment. He said to the Washington Post: we can better understand the progress a general alert across this great coun- being made under such a review. That We worry about the credibility of the sys- is why I did not ask for the yeas and try of ours to something that gives tem. We want to continue to refine it be- nays because I am prepared to accept people a direction for their actions cause we understand it has caused a kind of the amendment. I thank the Senator when they hear the call. anxiety. for offering this suggestion. Should the Governors call out their Anxiety is an understatement. The The PRESIDING OFFICER. The Sen- system causes financial hardships, fear, National Guard troops to protect every ator from New Jersey. chemical plant in the country—and panic, confusion among Americans and Mr. LAUTENBERG. Mr. President, I there are hundreds of those—or trans- people who want to be conscientious thank the Senator from Mississippi for portation centers, or do they bolster about protecting their families, some- his support on this issue. I am happy to rail security in every place? I do not times exaggerating what they ought to have it accepted. I wish to point out, in think so. Again, this is not criticism of be doing and creating a lot of tension the debate we were having about port a system that is developing against a within a family, within a household. security, I have served with the Sen- very serious threat to our society. Experts warn that with the con- ator from Mississippi for now 181⁄2 Finally—and I believe this is a key tinuing volleying between orange and years, and I have never known him not point—the system does not provide yellow alerts there will be a new threat to support our defense or our security adequate instructions for the American level that we might call fatigue. Sec- needs. I have admired him for his bal- people or local authorities. When I talk retary Ridge has not offered a time line ance in these issues. I continue to do to the police in my area—and before I for revising the system. My amend- so. came to the Senate, I was a commis- ment will make reviewing this system That debate was not intended to sioner of the Port Authority of New an important priority for the Depart- challenge the Senator from Mississippi York and New Jersey. They may get a ment of Homeland Security. who is managing this bill, but to make call about something they ought to be I urge my colleagues to support the sure that the situation we are talking on the lookout for, but the New York amendment. It will send a message to about with the ports which we feel are State capital is in Albany and the New the Department that the alert system susceptible, especially in the northeast Jersey State capital is in Trenton. needs to be enhanced to increase its ef- corner of our country where so much is Do they call out their State troopers ficiency, its specificity, its overall use- dependent on port activities, that it is to cover all of those areas, all those po- fulness to first responders, police, fire, clearly understood. I appreciate that. I lice departments? In New Jersey, we and other emergency personnel. am happy to have this amendment ac- have 567,000 municipalities. Some of I wish to point out this entails no cepted, and I ask the Senator from Mis- them only have two or three police- further expense. A review is common in sissippi to make sure it gets discussed men. What do they do? We need direc- a situation such as this where such a at conference and presented.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.078 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9769 I thank the Chair. I yield the floor. attack or whether we are hit by a tor- red. Since September 11, my city of Mr. COCHRAN. Mr. President, the nado. Baltimore has spent over $16 million on Senator has that assurance. We will When these events occur in our com- homeland security, including $1.3 mil- try to keep that amendment in con- munity, firefighters are always the lion for extra personnel and equipment ference. We will continue to confer first on the scene. We all remember for our fire departments. In Baltimore, with our friend from New Jersey. that horrific and melancholy day of the recent heightened alerts have cost The PRESIDING OFFICER. Is there September 11 with planes crashing into Baltimore City $750,000 in overtime. further debate on the amendment? If the World Trade Center and a plane Maryland cannot bear this burden not, without objection, amendment No. crashing into the Pentagon. It was the alone. Because it is a national threat, 1344 is agreed to. Chevy Chase Fire and Rescue Squad, we have to make sure there are na- The amendment (No. 1344) was agreed Rescue One, that rushed to the Pen- tional resources to secure the home- to. tagon from Maryland as part of a doc- land to provide not only homeland se- Mr. COCHRAN. Mr. President, I sug- trine of mutual aid. It was the LaPlata curity but hometown security. gest the absence of a quorum. Fire Department that was the first to There are over 1 million firefighters The PRESIDING OFFICER. The respond to a deadly tornado last year. in the United States of America; 750,000 clerk will call the roll. It was the Baltimore Fire Department are volunteers. They are true heroes. The legislative clerk proceeded to that rushed into a smoldering tunnel They save lives. They save homes. call the roll. fire that cut off train traffic on the They save communities. We need to Ms. MIKULSKI. Mr. President, I ask east coast. When they went down into make sure we save them. That is what unanimous consent that the order for that hell hole fuming with toxic chemi- protective gear is all about. the quorum call be rescinded. cals, they did not know if a terrorist Every day when they are on duty, The PRESIDING OFFICER (Mr. had caused it or it was an accident. All they do not know what they will face. CORNYN). Without objection, it is so or- they knew was they had to respond in They might enter a house to save a dered. the name of duty. child trapped on the second floor. They AMENDMENT NO. 1346 Well, it is our duty to make sure might put out the flames of a building Ms. MIKULSKI. Mr. President, I have they have the right equipment and the consumed by toxic chemicals. Many of an amendment at the desk on behalf of right gear to protect us. We know they our volunteers work three shifts: Their Senators DODD, STABENOW, SARBANES, have the right stuff, but they need the regular jobs, their families, and at the CLINTON, and DURBIN. right stuff to protect themselves. fire station. The PRESIDING OFFICER. The This is not something BARBARA MI- For the help they need, we cannot do clerk will report. KULSKI has just concluded. The Council this on tip jars, bingo, or charity. They The assistant legislative clerk read on Foreign Relations recently issued a need to be able to have their Govern- as follows: bipartisan, independent report. It was ment on their side. led by Senator Rudman. Actually, it The Senator from Maryland [Ms. MIKUL- It costs over $6,000 to staff a fire- was not bipartisan. The Council on SKI], for herself, Mr. DODD, Ms. STABENOW, fighter in something they call bunker Mr. SARBANES, Mrs. CLINTON and Mr. DURBIN, Foreign Relations does not have par- gear. Bunker gear means what they proposes an amendment numbered 1346. ties. need in terms of the protective suits What were their findings? They were Ms. MIKULSKI. Mr. President, I ask they wear, the breathing apparatus, absolutely chilling. The report found unanimous consent that the reading of the special gloves that will snatch a that the United States remains dan- the amendment be dispensed with. person out, the boots they wear that gerously ill-prepared to handle a cata- The PRESIDING OFFICER. Without are fire retardant and fire resistant. strophic attack on American soil. Spe- objection, it is so ordered. That is an awful lot in resources for cifically, it means this, and this is The amendment is as follows: local communities to bear, and they what they found: Fire departments have to be ready, particularly in high- (Purpose: To increase the amount of the ap- across the country only have radios to propriation for firefighter assistance risk areas, to be able to do this. equip 50 percent of the firefighters on a grants by $150,000,000) Last year, there were close to 20,000 shift. On page 60, line 1, strike ‘‘$750,000,000’’ and Imagine this: People running up to applications for fire grants, and I com- insert ‘‘$900,000,000’’. the World Trade Center responding to a pliment the Senator from Mississippi, Ms. MIKULSKI. Mr. President, I ask towering inferno. The firefighters will the chairman of the subcommittee, as the chair of the Subcommittee on only have 50 percent of the radios they well as Senator BYRD, for keeping the Homeland Security if he has a copy of need. fire grant program as a freestanding the amendment. When they go into these situations program. My $150 million amendment Mr. COCHRAN. I do not have one yet. where there are toxic chemicals like in that I am offering with Senator DODD Ms. MIKULSKI. I would like to give the Baltimore Tunnel, or whether they really goes to the fire grant program. a copy to the chairman, just as a cour- are running into a building where they Last year, there were close to 20,000 ap- tesy. do not even know what is in it—asbes- plicants with over $2 billion worth of Mr. President, I rise to offer this tos burning, PCBs burning, the build- requests. The fire grant program, on a amendment that is in support of our ing burning—there is only breathing merit based, peer review, no pork, no first responders. This amendment apparatus for one-third, and only 10 partisan basis could have spent $2.5 bil- would provide an additional $150 mil- percent of the fire departments in lion. What our money does is restore to lion to the fire grant program for fire- America have the personnel and equip- the $900 million authorizing level. fighter equipment and firefighting ment to respond to a building collapse. After September 11 we did a lot. We training. What do terrorists do? They blow up said we will express our gratitude; a What would the Mikulski-Dodd buildings and they blow up people. We grateful nation will never forget our amendment do? Well, first, it would have to make sure that when our first first responders. In the first place, we provide protective gear for 150,000 fire- responders are there, they have what should not forget it is in the Federal fighters. It would buy 500 new fire they need. checkbook. I know the chairman and trucks, 300 new rescue vehicles, and We did a survey in Maryland, work- the ranking member did everything 25,000 new breathing masks. But this is ing with our State fire agency. We need they could to fully fund this program. not about protective gear and fire $52 million to provide protective equip- I compliment them on their efforts. trucks. It is about saving lives. ment for firefighters in my State. Yet But it would take another $150 million When we talk about homeland secu- my State is facing a budget deficit of to reach the authorized level. rity and when we talk about protecting over $1 billion. Services are being cut, The fire grant program needs to be our firefighters so they can protect us, tuitions are being increased, and we expanded. When we look at what we this money is about protecting them. ask our State and local governments to could do in our State, we have a fire It is so our firefighters are prepared for take on more. department in Anne Arundel County. any attack. It offers double value for Every time our Nation goes to code This county includes the National Se- the taxpayer, whether it is a terrorist orange, our communities go to code curity Agency, the capital of the State

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.081 S23PT1 S9770 CONGRESSIONAL RECORD — SENATE July 23, 2003 of Maryland, the U.S. Naval Academy, whether there would be any real inter- less well provided for under the cir- and the Baltimore-Washington Airport. est by these departments across the cumstances they face today. I don’t Don’t they need help for their first re- country in applying for grants that think we could ask anything less of the sponders? would allow them great flexibility in men and women in uniform in our fire Then there is the Chevy Chase Fire improving their ability to respond to departments. Department. We think of Chevy Chase the myriad of problems departments For those reasons, we have proposed as an affluent community but they have. this amendment. While this was not a cannot raise these funds from property As a result of the success of that first number we conjured up, according to taxes, fish fries, and bingo. We need year and the tremendous demand, the the needs assessment study recently help. Maryland needs help because we Appropriations Committee, under the released by the U.S. Fire Administra- are in a high-risk area. leadership of Senator BYRD and Sen- tion and the National Fire Protection I rise not only for my State. I rise for ator STEVENS, Senator MURKOWSKI, ob- Association, understaffing contributes the Nation. We are not prepared. The viously, Senator COCHRAN and others, to an enormous problem. For example, facts speak for themselves. Our es- over the years has added money to the the U.S. Fire Administration and the teemed colleague, Senator Rudman, program. National Fire Protection Association said 50 percent of the fire departments Although we are offering an amend- have found that only 11 percent of our do not have radios; only one-third have ment to add money, it would be neg- Nation’s fire departments have the per- breathing apparatus equipment. They ligent not to recognize the contribu- sonnel and equipment they need to re- need their bunker gear. That is what it tion that has already been made to in- spond to a building collapse involving is called. The cost is $6,000 each. Imag- crease the funding for this program 50 or more occupants. ine what a public investment means. over the last several years. The U.S. Fire Administration and the We give them the right gear. They have The point the Senator from Maryland Fire Protection Association also found the right stuff. They should be able to and I are trying to make today is that there were routine problems that count on us to do this. We need this this demand is still growing. We are threatened the health and safety of our amendment. not suggesting we ought to have a pro- first responders. In small and medium- I welcome the fact that my col- gram in a dollar-for-dollar match as in sized cities, firefighters are too often the so-called COPS Program that pro- compelled to respond to emergencies league, Senator DODD, is also a cospon- sor. He authorized the fire grant pro- vided assistance by the Federal Gov- without sufficient manpower to protect gram as the appropriator. We have ernment to local police agencies, local those on the ground. More often than worked to keep it going. Now it is in police departments. This is a far more not, firefighters in too many of our modest program. Homeland Security. communities respond to fires with But the same principle behind the This is not about process, about who fewer than four firefighters per truck. COPS Program is behind this idea. No did what. It is about what our first re- That is considered to be a minimum to longer can we just assume local depart- sponders do. We count on them to save ensure the firefighters’ safety. ments can sustain themselves by rais- As I said before, we would not send our lives. They should count on us to ing mill rates or, as the Senator from our troops into battle without the make sure they have the right equip- Maryland properly points out, particu- equipment they need. We should not be ment to save their own while they are larly in rural America, with volunteer sending firefighters to do battle saving ours. fire departments relying on bingo against natural disasters, fires, acts of I yield the floor for my colleague. sales, cake sales, and potluck dinners terrorists, without the tools they need, The PRESIDING OFFICER. The Sen- to raise the dollars to provide the as well. ator from Connecticut. equipment and training to deal with So the Rudman study as well, just re- Mr. DODD. Mr. President, I thank the very sophisticated set of problems leased by the Council on Foreign Rela- our colleague from Maryland for her they face. tions, makes the case. The Senator leadership on this issue and the tre- The old idea of the fire department from Maryland has pointed this out mendous support she has provided in racing out to deal with a residential very clearly. There are great gaps in the Appropriations Committee for try- home fire still is a job they must per- terms of these departments’ ability to ing to fund this program. form but today fire departments are respond to the sophisticated demands I appreciate very much her typical being asked to deal with highly sophis- we are asking of them today. graciousness in referring to the fact ticated materials on the highways. For all the reasons we have enumer- that Senator MIKE DEWINE of Ohio and Usually the fire department is the first ated, we are requesting that this body I, back in 1999, authored the Fire Act. responder to these situations long be- respond by supporting this amendment We introduced the legislation almost 4 fore anyone else gets there. It is the to increase the appropriations level for years ago. We thank, as well, Senator local fire department that we herald these grant programs across the coun- WARNER and Senator LEVIN. When we and celebrate in speeches and rhetoric try. had the authorization bill, we were try- around the country during days of I said yesterday, in supporting the ing to get an opportunity to bring this community celebration. These depart- Byrd amendment, the amendment of- matter to the floor and we were not ments no longer can rely strictly on fered by the distinguished Senator given any time to bring up the Fire local funding to provide the sophisti- from West Virginia to have a larger in- Act. We were trying to make the case cated support they need to respond to crease overall, which I regret we did 2 years before September 11, 2001, of the the demands they are being asked to not approve—and I say this with all the importance of the volunteer combina- meet. knowledge of what the implications tion paid departments, the 33,000 de- The Senator from Maryland and I— may be, but I think we have to be hon- partments across the United States, and we hope others, as well—will join est with the American public. I wish I the needs they had out there. It was as in what we think is a relatively modest could stand here and say: Look, we a result of the efforts of Senator WAR- request to get the funding level up to have done everything that needs to be NER and Senator LEVIN that included last year’s funding level. Last year it done and you don’t ever have to worry the Fire Act in the Department of De- was $900 million. about another 9/11 happening in Amer- fense authorization bill in the year 2000 We realize there are a lot of pressures ica. Regretfully, that is just false. That which allowed us to get the first au- on the budget and a lot of other de- is a false statement. Because the fact thorizations approved that led to the mands. However, if we are going to be is, in the world we live in today, we are appropriations that came thereafter. serious about providing the tools nec- going to face these problems again. All To give an idea of the pent-up de- essary for these young men and women of us know that. There is not a single mand existing across the country who serve in our fire departments Member of this body who does not rec- among fire departments, well over $3 across the country to meet their chal- ognize and accept that as a reality. billion worth of requests came in under lenges, we are going to have to do bet- That is a fact. That is the ugly kind of the grant program. We allocated some- ter than we are doing with this bill. world we are living in today, until we thing like $100 million the very first We would not ask our military people ultimately come up with better an- year of this program. Some questioned to go into battle less well equipped, swers.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.085 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9771 We are spending $1 billion a week, $5 I urge the adoption of the amend- spond both within and beyond the borders of billion a month if you add Afghanistan ment. their individual jurisdictions to protect and Iraq—$5 billion a month to deal I ask unanimous consent that Sen- interstate commerce, federal lands, and the critical infrastructure of the United States. with the problems of the conflicts in ator BIDEN and Senator LIEBERMAN be Local fire departments throughout the na- those particular countries. What the added as cosponsors of the amendment. tion respond to 17 million calls annually Senator from Maryland and I are ask- The PRESIDING OFFICER. Without ranging from structural fire suppression, ing for is $150 million, which gets spent objection, it is so ordered. emergency medical response, hazardous ma- in a couple of days—less than that now, Ms. MIKULSKI. Mr. President, I ask terials incidents, technical rescues, wildland I guess—in these two countries, in Af- that Mr. HARKIN be added as a cospon- fire protection, natural disasters and events ghanistan and Iraq, in order to make sor. of terrorism. They are also the principle de- livery mechanism for fire and life safety pre- our fire departments better prepared. The PRESIDING OFFICER. Without vention and education programs. Often, local I understand what we need to do in objection, it is so ordered. governments are unable to afford the exten- Iraq and Afghanistan. We will save Ms. MIKULSKI. I ask unanimous sive training and specialized equipment that that debate for another time and dis- consent to have printed in the RECORD these challenges require. The FIRE Act cussion. We have already been through two letters of support, one from the grant program would assist local fire depart- a bit of it already. But we are going to International Association of Fire ments in many jurisdictions by providing the needed funds to pay for these items. face these problems, and we ought to Fighters strongly supporting this As part of the authorizing legislation that be doing everything we can within rea- amendment, and then another, a joint created the FIRE Grant Program, language son. Obviously—and I feel strongly letter offered by the International As- was inserted to request the Federal Emer- about this—we ought to be doing a lot sociation of Arson Investigators, the gency Management Agency (FEMA) to con- more than what the Mikulski-Dodd International Association of Fire duct a needs assessment of the fire service. amendment is calling for. This is truly Chiefs, International Association of FEMA and the National Fire Protection As- a modest request. In fact, we may be sociation (NFPA) surveyed the nation’s fire Fire Fighters, the International Fire departments, and in December 2002, NFPA highly criticized one day for not doing Services Training Association, the and FEMA released the needs assessment, more when we knew better. It is not as International Society of Fire Service which revealed that: An estimated 73,000 fire- if we are ignorant about the problem Instructors, the National Fire Protec- fighters serve in fire departments that pro- we potentially face. The question is, tion Association, the National Volun- tect communities of at least 50,000 popu- Knowing that, what did we do? teer Fire Council, and the North Amer- lation and have fewer than 4 career fire- We will be judged by history and we ican Fire Training Directors. fighters assigned to first-due engine compa- will be judged by our constituents as to nies. (The National Fire Protection Associa- There being no objection, the mate- tion standard calls for at least four fire- whether or not we had the wisdom and rial was ordered to be printed in the fighters per engine.); in communities with willingness to make the necessary RECORD, as follows: less than 2,500 population, 21% of fire depart- judgment calls on these matters. INTERNATIONAL ASSOCIATION OF ments, nearly all of them all- or mostly-vol- We are told over and over again there FIRE FIGHTERS, unteer departments, deliver an average of 4 is not enough money to do this. I po- Washington, DC, July 23, 2003. or fewer volunteer firefighters to a mid-day litely suggest to those who make that Hon. BARBARA A. MIKULSKI, house fire; half of all fire engines are at least claim that there are resources by mere- U.S. Senate, 15 years old; overall, fire departments do not ly tailoring back on some of the lar- Washington, DC. have enough portable radios to equip more DEAR SENATOR MIKULSKI: On behalf of the than about half of the emergency responders gesse we provided for some of the most on a shift; an estimated one-third of fire- affluent of our fellow citizens who, by 260,000 professional fire fighters and emer- gency medical services personnel who are fighters per shift are not equipped with self- the way, would be the first to say: We members of the International Association of contained breathing apparatus; an estimated don’t need it. We would much rather Fire Fighters (IAFF), I write to express our 57,000 firefighters lack personal protective see the resources spent on something support for your amendment to increase the clothing; an estimated 120.1 million people like this rather than be provided an FIRE Act grant funding by $150 million. are protected by fire departments that do unneeded tax break for those of us who As the recently released Council on For- not have a program for free distribution of eign Relations report on first responders doc- home smoke detectors; and we must con- are well insulated against the eco- tinue to emphasize the importance of pre- nomic hardships that millions of others uments, the needs of fire fighters and other first responders are great. Over the last two vention and public safety education to the are facing through unemployment. fire and life safety infrastructure of our Na- So don’t give the argument we can’t years, the FIRE Act grants have steadily im- proved the response capabilities of local fire tion. Nearly 4,000 civilians, including more than afford to do it. We can’t afford to do it departments. But more is needed if we are to 600 children, die in fires each year. Despite because we provide too much of a tax safely and effectively respond to everyday all our breakthrough technologies in fire break to those who need it the least. emergencies as well as acts of terrorism. prevention and suppression, the United But don’t tell that to a firefighter who Your amendment to the Homeland Secu- States has one of the highest rates of fire rity appropriations bill will increase the FY is a one-man or two-man operation, deaths among industrialized nations. By 04 FIRE Act appropriations to $900 million, where having a couple of more people passing the FIRE Act, Congress unequivo- the authorized level. with them could make the difference in cally asserted that it is the policy of the The IAFF thanks you for your years of saving their lives. Don’t say that to a United States to help reduce fire deaths by service to fire fighters and enthusiastically partnering with local governments to pro- family out there who may be the vic- supports your amendment. If we can be of tim of some attack one day, that we vide all necessary and appropriate training additional service, please contact Barry and equipment to our firefighters. didn’t have the resources to provide Kasinitz, IAFF Governmental Affairs Direc- In the three years this program has been in the necessary support they needed in tor, at 202–824–1581. existence, it has become one of the most ef- order to respond to these situations. Sincerely, fective programs conducted by the federal I regret we even have to offer an HAROLD A. SCHAITBERGER, government. In January of this year, offi- amendment. My hope is that those who General President. cials from the U.S. Department of Agri- supported the authorization of this culture selected the Fire Grant Program for bill—and we have had overwhelming JULY 23, 2003. a study they were conducting as part of a Hon. BARBARA MIKULSKI, support for it in the years past—will management training course. Summarizing Hart Senate Office Building, the program, they said that the grant pro- come to the floor at the appropriate Washington, DC. gram has been ‘‘highly effective in increas- time and cast a ballot, not just for this DEAR SENATOR MIKULSKI: We are writing in ing the safety and effectiveness of grant re- Mikulski-Dodd amendment, or not for support of your amendment to the FY04 cipients.’’ Their study found: 97 percent of those who support it, but cast a ballot Homeland Security Appropriations Act that program participants reported positive im- for those who one day will say thank will add $150 million to the Assistance to pact on their ability to handle fire and fire- you for providing resources for our Firefighters Grant Program (FIRE Act). related incidents; of those recipients receiv- local departments. That is who you are Your amendment will bring the total funding ing firefighting equipment, 99 percent indi- for the FIRE Act in FY04 to $900 million, the cated improvements in the safety of fire- really casting the vote for, not for a full amount authorized by Congress. fighters and 98 percent indicated improve- colleague who offers the amendment The FIRE Act grant program benefits our ments in operation capacity; 90 percent of but for those who are counting on us to nation as a whole by providing local fire de- the participants indicated that their depart- do a better job in protecting them. partments with much-needed resources to re- ment operated more efficiently and safely as

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.088 S23PT1 S9772 CONGRESSIONAL RECORD — SENATE July 23, 2003 a result of the training provided by the grant We need to pass it today, again, to am constrained to make a point of program; and over 88 percent of the partici- send a strong message to the House, order that the amendment violates the pants who were able to measure change at again, before they leave for their recess Budget Act. the time the survey was distributed reported I make a point of order under sub- improvement in the fitness and health of in a couple of days for the entire their firefighters as a result of the program month of August plus what is left of section 302(f) of the Congressional and 86 percent indicated reduced injuries. July. Budget Act that the amendment pro- The Assistance to Firefighters Grant Pro- This legislation will help 12 million vides in excess of the subcommittee’s gram is critical in addressing the needs of children whose parents work hard and 302(b) allocation. over 30,000 fire departments and one million are struggling to provide for their fam- Ms. MIKULSKI. Mr. President, pur- fire and rescue personnel. We thank you for ilies. It also delivers tax reductions to suant to section 904 of the Congres- your commitment to our nation’s fire- our men and women in uniform who sional Budget Act of 1974, I move to fighters and this important program. Sincerely, are serving and defending our country. waive the applicable sections of that Congressional Fire Services Institute; It sounds like a good combination to act for consideration of the pending International Association of Arson In- me. amendment, and I ask for the yeas and vestigators; International Association As a result of that, I ask unanimous nays. of Fire Chiefs; Internationaal Associa- consent that the Senate proceed to the The PRESIDING OFFICER. Is there a tion of Fire Fighters; International consideration of S. 1434, a bill to accel- sufficient second? Fire Service Training Association; erate the increase in refundability of There is a sufficient second. International Society of Fire Service the child tax credit, that the bill be The yeas and nays were ordered. Instructors; National Fire Protection Mr. DODD. Mr. President, I ask unan- Association; National Volunteer Fire read three times, passed, and the mo- Council; North American Fire Training tion to reconsider be laid upon the imous consent that Senators BYRD, Directors. table, with no intervening action or de- LEVIN, and CLINTON be added as cospon- The PRESIDING OFFICER. The Sen- bate. sors. ator from Nevada. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without objection? objection, it is so ordered. UNANIMOUS CONSENT REQUEST—S. 1434 Mr. REID. Mr. President, tomorrow Mr. COCHRAN. Mr. President, I ob- Mr. COCHRAN. Mr. President, I ask the President will travel to Philadel- ject. unanimous consent that the time for The PRESIDING OFFICER. Objec- phia to hold a press conference to say the vote on the motion to waive be de- tion is heard. that the Treasury Department will cided by the two leaders after consulta- The Senator from Mississippi. start mailing the child tax credit tion with the two leaders. checks tomorrow to millions of Ameri- AMENDMENT NO. 1346 The PRESIDING OFFICER. Without cans families. We, of course, are glad Mr. COCHRAN. Mr. President, I ap- objection, it is so ordered. these checks are going out. preciate very much the comments that The Senator from West Virginia. Everyone on this side of the aisle have been made by the distinguished Mr. BYRD. Mr. President, I rise in feels that way because in this economy Senators from Maryland and Con- support of the motion to waive. working families need all the help they necticut about the Firefighters Assist- With the realities of today’s world, can get. Unemployment rates are at a ance Grants Program. It certainly is a communities—both large and small— staggering number. They have gone up, program that is very popular and it is need to be prepared for the possibility now, in successive months. Unemploy- a program that has been recognized as of a terrorist attack. The frontline ment rates around the country are the well run. It is a program that is man- counterterrorism effort is composed of highest they have been in many aged by the firefighters themselves in what we call first responders. These are years—13 years, I believe, is the num- determining which grants should be the people who are first on the scene— ber. made in their regions, which items of the police officers, the firefighters, the Not only are working families in equipment ought to be included in the emergency medical personnel, and so need of help, but there are 12 million arsenal of protection for communities. on. children who are still being left behind. The only problem is, we don’t have As they have always been, the men Mr. President, 49 days ago this body enough money in the allocation to this and women who serve in these depart- passed a bill to correct this problem. committee to make as much of an ap- ments are constantly on the job. They The bill passed by an overwhelming 94- propriation for many of these programs are always ready to fulfill their duty to-2 vote. The administration said they as we would like. We have to make when their neighbors call for help. But supported the Senate bill and urged the choices. We had to allocate the total the new threats of terrorism have House to pass it quickly. The House allocation among a large number of forced these departments to refocus passed its own bill but then turned very worthwhile, very popular pro- their training and restructure their around and voted to instruct the House grams. budgets to respond to these threats. conferees to accept the Senate bill. I hate to put the Senate in the posi- In many cases, the departments rely It sounds simple: The House, the Sen- tion of having to make choices here on on small fundraisers to pay for equip- ate, White House, have all signaled the floor that we labored with for ment and training. However, expanded support for the Senate bill. This is a weeks and months, through hearings missions and continuing threats are conference, then, that should have with administration witnesses, through pushing the price of security too high taken 5 minutes. Instead, it has been discussions among our staffs and Mem- for many rural communities to afford. more than 40 days and the conferees bers of the Senate, to try to identify Grants through the Fire Act provide have not even met yet. the priorities and then come to some funds to help offset those costs for The day before yesterday, Senator final decision about the exact amounts local firefighters. Unfortunately, the LINCOLN proposed a new bill to break to include in the bill for all of these demand for funding has far outpaced the logjam. It includes the original programs and activities. the available dollars. Senate bill that passed, 94 Senators for, We have just so much money to ap- According to the Federal Emergency only 2 against—a bill that helps 12 mil- propriate. We kept the grant program Management Agency and the Fire Pro- lion children without adding a dime to for firefighter assistance at the same tection Association, only 13 percent of the national debt. In addition, in a bow level as last fiscal year. In fact, we the fire departments have the equip- to the House, Senator LINCOLN even in- have included $200 million more than ment and training to handle an inci- cluded the military tax bill that passed the President had requested in his dent involving chemical or biological the Senate previously 98 to nothing. It budget which was submitted to the agents. Forty percent of fire depart- includes many important provisions, Congress. But this amendment would ment personnel involved in hazardous including a new deduction for expenses add funds that would cause the alloca- materials lack formal training in those paid by members of the National Guard tion to this subcommittee to be ex- duties. Only 10 percent of the fire de- and the Reserves. Every provision of ceeded in violation of the Budget Act. partments in the United States have the Lincoln bill has passed the Senate As I have done with other amendments the personnel and the equipment to re- with overwhelming bipartisan support. that have that same characteristic, I spond to a building collapse.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.018 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9773 The amendment by the distinguished Would we have hung our heads in The PRESIDING OFFICER. The Senator from Maryland, Ms. MIKULSKI, shame because we didn’t add $150 mil- clerk will call the roll. and by the distinguished Senator from lion? The bill clerk proceeded to call the Connecticut, Mr. DODD, would infuse I think about the Baltimore tunnel roll. critical dollars into local fire depart- fire when we didn’t know what caused Mr. COCHRAN. Mr. President, I ask ments to help meet that demand. it. We knew firefighters had to go down unanimous consent that the order for The administration proposed to fold in the dark 6 feet through a manhole the quorum call be rescinded. this program into a single first re- cover, then over a 4-foot platform, then The PRESIDING OFFICER. Without sponder grant account. I commend the down another 8 or 10 feet in the total objection, it is so ordered. chairman of the subcommittee, Sen- darkness with toxicity and fire. Mr. COCHRAN. Mr. President, with ator COCHRAN, for deciding to retain Was that worth $150 million, not for respect to the time for the votes on the this effective program as a separate ac- them alone, but that they would have two motions that are pending, motions count. Unfortunately, because the the breathing apparatus, the tele- to waive the Budget Act, I ask unani- mous consent that the votes proceed in budget resolution resulted in inad- communications if they got into trou- the order in which the motions were equate funding for homeland security, ble while they were figuring out the made and that the votes commence at the committee bill provides only $750 situation? We didn’t know if Baltimore 5 o’clock. It is my understanding that million—only $5 million more than the was going to explode. We didn’t know if level for the current fiscal year. The both leaders’ offices have indicated a toxic cloud was going to go over my that is permissible, and that is author- program is authorized at a level of $900 city. But I know a group of very gal- million. The amendment would fund ized and approved by the leadership. lant, very brave, very selfless people The PRESIDING OFFICER. Without the program at the authorized level of were willing to go down into that dark objection, it is so ordered. $900 million. inferno. I don’t want to ever say to Mr. COCHRAN. I suggest the absence Terrorist incidents are primarily somebody: We couldn’t come up with of a quorum. local events. The immediate response another $150 million to help you out. The PRESIDING OFFICER. The to the attacks at the World Trade Cen- Then let’s go to the Rudman report. clerk will call the roll. ter came from the police and fire- Now, we remember our dear colleague The bill clerk proceeded to call the fighters in New York City. The imme- from New Hampshire. He is a very fru- roll. diate response to the attack on the gal guy. I remember Gramm-Rudman, Mrs. CLINTON. Mr. President, I ask Pentagon came from the first respond- Mr. Balanced Budget. So if he says we unanimous consent that the order for ers in the neighboring communities. need money, we really must need it be- the quorum call be rescinded. These events bear out the critical cause he is a tight-fisted, somewhat The PRESIDING OFFICER. Without need for well-prepared and well- penny-pinching, very conservative on objection, it is so ordered. equipped local emergency response the fiscal spending kind of person. So if COUNCILMAN JAMES DAVIS teams. The ramifications of an ill-pre- Warren Rudman says America needs Mrs. CLINTON. Mr. President, I come pared local community in today’s more resources for homeland security, to the floor on behalf of an amendment world are too large. with regard to the homeland security First responders will likely act alone and he particularly places emphasis on the emergency responders, then I think funding. But I would like first to recog- in the initial critical moments of any nize that a tragic shooting has oc- emergency, no matter how large or we ought to listen. What he is saying is, it is an emergency to provide emer- curred at city hall in New York City small the emergency. In those mo- this afternoon. Councilman James ments, lives will be saved or lives will gency help to the emergency respond- ers. Davis from Brooklyn, a man devoted to be lost. But these first responders can- public service and an energetic and not be expected to fund the fight He starts his report by saying: If we knew that there was going to be an- outspoken advocate for New York and against terrorism with bake sales, ice the community he represented, was cream suppers, and bingo nights. That other terrorist attack sometime in the next 5 years but didn’t know what type murdered. is why the support of the Federal Gov- Prior to Councilman Davis’s service, it would be, who would carry it out, or ernment—both in terms of funding and he served in other capacities: as a New where it would occur, what actions training—is so important for local po- York City detective, as an instructor would we take to prepare, and how lice, firefighters, and emergency med- at the police academy. In 1991, he start- ical personnel. would we allocate our human and fi- ed a nonprofit organization called I commend my colleagues for offering nancial resources? ‘‘Love Yourself-Stop the Violence’’ in This is not philosophy. This is a prac- this amendment. It is a necessary an effort to address growing urban vio- tical approach for the United States of amendment. The cause is great. I urge lence. It is a tragic, terrible irony that my colleagues to support the amend- America. a man who first devoted himself to po- So I appreciate everything the chair- ment and infuse critical dollars into lice work and law enforcement and man has done, and the ranking mem- our Nation’s fire departments. then to trying his best to stem urban ber, who himself is now supporting this Ms. MIKULSKI. Mr. President, I violence by giving people something to want everyone to understand what this amendment. We are now shackled by say yes to would himself fall victim to amendment is. It is $150 million. That our own allocation. But we do not have such violence. is what it is. to be shackled. We have the parliamen- I know the thoughts and prayers of We want to acknowledge, first, our tary authority to waive that Budget New Yorkers go out to Councilman appreciation to the chairman of the Act that has us so constrained. And Davis’s family and friends and col- Subcommittee on Homeland Security here is Warren Rudman, Mr. Balanced leagues at this difficult time. Certainly and the ranking member for keeping Budget, saying we need more resources. today’s tragic event reminds us of the the fire grant program separate so that So I think the Congress and this Sen- fragility as well as the preciousness of whatever funds come forth don’t get ate can vote to waive the Budget Act life. Certainly it gives us pause as we meshed into one group called homeland for $150 million to protect the protec- confront the need for us to do every- security. tors. The emergency responders are thing within our power on behalf of en- The second thing we appreciate, drastically underfunded. They are dan- suring the safety and security of all of given the frugal allocation of the sub- gerously unprepared not because they our citizens. committee, is they did fund it at $750 want to be unprepared but because I yield the floor and suggest the ab- million. That was very much appre- there needs to be the resources. I think sence of a quorum. ciated. At the same time, we note that we need to put the resources in the The PRESIDING OFFICER. The the authorization is for $900 million. Federal checkbook. clerk will call the roll. The Mikulski-Dodd-Byrd amendment Mr. President, I yield the floor. The bill clerk proceeded to call the says $150 million more over what the The PRESIDING OFFICER. The Sen- roll. committee has allocated. ator from Mississippi. Mrs. CLINTON. Mr. President, I ask What is $150 million worth? What Mr. COCHRAN. Mr. President, I sug- unanimous consent that the order for would we have said on September 12? gest the absence of a quorum. the quorum call be rescinded.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.093 S23PT1 S9774 CONGRESSIONAL RECORD — SENATE July 23, 2003 The PRESIDING OFFICER. Without (C) water; The PRESIDING OFFICER (Ms. COL- objection, it is so ordered. (D) public health; LINS). Are there any other Senators in (E) emergency services; AMENDMENT NO. 1348 the Chamber desiring to vote? (F) government; Mrs. CLINTON. Mr. President, I send (G) defense; The yeas and nays resulted—yeas 45, an amendment to the desk expressing (H) energy; nays 51, as follows: the sense of the Senate that homeland (I) transportation; [Rollcall Vote No. 295 Leg.] security block grant funds should be (J) banking and finance; YEAS—45 allocated to the States using a threat- (K) chemicals; based formula rather than simply a (L) postal service; and Akaka Dodd Leahy (M) shipping; Baucus Dorgan Levin per-capita formula. Bayh Durbin Lincoln The PRESIDING OFFICER. The (7) the Public Health Security and Bioter- Biden Feingold Mikulski clerk will report. rorism Preparedness and Response Act of Bingaman Feinstein Murray The bill clerk read as follows: 2002 (Public Law 107–188) requires a threat Boxer Graham (FL) Nelson (FL) analysis, an indication that Congress recog- Breaux Harkin Nelson (NE) The Senator from New York [Mrs. CLIN- nizes the importance of threat-based for- Byrd Hollings Pryor TON] proposes an amendment numbered 1348. mulas; and Cantwell Inouye Reed The amendment is as follows: (8) other national homeland security ex- Carper Jeffords Reid Clinton Johnson Rockefeller (Purpose: To express the sense of the Senate perts have also called for the distribution of Conrad Kennedy Sarbanes that homeland security grants to States Federal, State, and local homeland security Corzine Kohl Schumer and local governments awarded pursuant grants using a threat-based formula in lieu Daschle Landrieu Stabenow to section 1014 of the USA PATRIOT ACT of a per capita formula. Dayton Lautenberg Wyden (b) It is the sense of the Senate that home- of 2001 (42 U.S.C. 3711) should be allocated NAYS—51 to States through a threat-based formula, land security grants to State and local gov- with minimum allocations for small ernments awarded pursuant to section 1014 of Alexander Dole McConnell States) the USA PATRIOT ACT of 2001 (42 U.S.C. Allard Domenici Miller Allen Ensign Murkowski On page 75, between lines 5 and 6, insert 3711) by the Office of Domestic Preparedness of the Department of Homeland Security Bennett Enzi Nickles the following: Bond Fitzgerald Roberts SEC. 616. (a) The Senate finds that— should, subject to minimum allocations for Brownback Frist Santorum (1) this Act is intended to provide critical small States, be allocated to States through Bunning Graham (SC) Sessions homeland security resources to State and a threat-based formula in lieu of a per capita Burns Grassley Shelby local communities and first responders to formula. Campbell Gregg Smith Chafee Hagel Snowe help them in their efforts to improve our Mr. REID. Mr. President, I apologize Chambliss Hatch Specter homeland defense at the National, State, and to my friend from New York. I walked Cochran Hutchison Stevens local levels; up to her desk to talk to her about Coleman Inhofe Sununu (2) given the nature of the terrorist threats what we were doing and I just failed to Collins Kyl Talent Cornyn Lott Thomas against our Nation and the grave con- do so. It is my fault, not hers. We have sequences of a terrorist attack, it is in the Craig Lugar Voinovich best interest of our homeland defense that a vote in 2 minutes. The manager of DeWine McCain Warner the bill is not here. such resources be disbursed and employed as NOT VOTING—4 effectively as possible; Mrs. CLINTON. Will my friend from Nevada yield? Crapo Kerry (3) the Secretary of Homeland Security has Edwards Lieberman repeatedly emphasized the need to use a Mr. REID. I am happy to yield. threat-based formula, instead of a per capita Mrs. CLINTON. I would certainly The PRESIDING OFFICER. On this formula, to best allocate homeland security wait until after this vote or at any question, the yeas are 45, the nays are block grant funds to States for use by States other time that the managers of the 51. Three-fifths of the Senators duly and local communities; bill could schedule discussion of this chosen and sworn not having voted in (4) in the June 2003 report of the Homeland amendment. the affirmative, the motion is rejected. Security Independent Task Force of the Mr. REID. I think after this vote Council on Foreign Relations, chaired by The point of order is sustained. The Senator Warren B. Rudman, entitled ‘‘Emer- would be perfect. We have two votes. amendment falls. gency Responders: Drastically Underfunded, Mrs. CLINTON. I yield the floor and Mr. COCHRAN. I move to reconsider Dangerously Unprepared’’, the Task Force— suggest the absence of a quorum. the vote. (A) declared the ‘‘existing systems for de- The PRESIDING OFFICER. The Mr. STEVENS. I move to lay that termining the distribution of appropriated clerk will call the roll. motion on the table. funds to states to be badly in need of re- The bill clerk proceeded to call the form’’; roll. The motion to lay on the table was (B) advised that ‘‘Congress should establish Mr. COCHRAN. Mr. President, I ask agreed to. a system for allocating scarce [homeland se- unanimous consent that the order for VOTE ON AMENDMENT NO. 1346 curity] resources based . . . on addressing the quorum call be rescinded. The PRESIDING OFFICER. The identified threats and vulnerabilities’’; and The PRESIDING OFFICER. Without question now is on agreeing to the mo- (C) stated that, in allocating Federal objection, it is so ordered. homeland security funds, ‘‘the Federal Gov- tion to waive the Budget Act with re- ernment should consider such factors as pop- VOTE ON AMENDMENT NO. 1343 spect to amendment No. 1346 offered by ulation density, vulnerability assessment, The PRESIDING OFFICER. Under the Senator from Maryland. The yeas and presence of critical infrastructure within the previous order, the question is on and nays have been ordered. The clerk each state’’; agreeing to the motion to waive the will call the roll. (5) the vulnerability assessment may cover Budget Act in relation to the Schumer The legislative clerk called the roll. a range of considerations, including— amendment No. 1343. The yeas and nays Mr. MCCONNELL. I announce that (A) the proximity of a community to nu- have been ordered. The clerk will call clear and chemical facilities, ports, and the Senator from Idaho (Mr. CRAPO) is international borders; the roll. necessarily absent. The bill clerk called the roll. (B) the presence of national icons that may Mr. REID. I announce that the Sen- Mr. MCCONNELL. I announce that be terrorist targets; ator from Massachusetts (Mr. KERRY) the Senator from Idaho (Mr. CRAPO) is (C) population (including tourist, military, and the Senator from Connecticut (Mr. and commuting population), population den- necessarily absent. sity, the location, risk, or vulnerability of Mr. REID. I announce that the Sen- LIEBERMAN) are necessarily absent. critical infrastructure or key national as- ator from North Carolina (Mr. ED- I further announce that, if present sets; and WARDS), the Senator from Massachu- and voting, the Senator from Massa- (D) any other factor considered appropriate setts (Mr. KERRY), and the Senator chusetts (Mr. KERRY) would vote by the Secretary of Homeland Security; from Connecticut (Mr. LIEBERMAN) are ‘‘yea.’’ (6) our Nation’s critical infrastructure con- necessarily absent. The PRESIDING OFFICER. Are there sists of systems and assets, whether physical any other Senators in the Chamber de- or virtual, that are vital to the United I further announce that, if present States, including infrastructure relating to— and voting, the Senator from Massa- siring to vote? (A) agriculture; chusetts (Mr. KERRY) would vote The result was announced—yeas 48, (B) food; ‘‘yea.’’ nays 49, as follows:

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.096 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9775 [Rollcall Vote No. 296 Leg.] The PRESIDING OFFICER (Mr. AL- Ridge told the committee he wants to YEAS—48 EXANDER). The Senator from New York. overhaul the entire grant process to in- Akaka Dodd Leahy AMENDMENT NO. 1348 clude a threat assessment. He has Baucus Dorgan Levin Mrs. CLINTON. Mr. President, I rise asked for guidance from Congress in Bayh Durbin Lincoln Biden Edwards Mikulski in support of the amendment which is designing a formula for distributing Bingaman Feingold Murray at the desk numbered 1348. homeland security grant money to re- Bond Feinstein Nelson (FL) The PRESIDING OFFICER. Does the flect the threats and vulnerabilities of Boxer Graham (FL) Nelson (NE) Senator call up the amendment? different regions within the United Breaux Harkin Pryor Byrd Hollings Reed Mrs. CLINTON. Yes. States. Cantwell Inouye Reid This is an amendment that expresses Here is what he specifically has to Carper Jeffords Rockefeller the sense of the Senate that the home- say: Clinton Johnson Sarbanes land security block grant fund allo- Conrad Kennedy Schumer The Office of Domestic Preparedness . . . Corzine Kohl Specter cated to the States be done using pri- had a formula that we don’t believe is the Daschle Landrieu Stabenow marily a threat-based formula rather appropriate distribution for counter ter- Dayton Lautenberg Wyden than solely a per-capita formula. rorism [funding]. NAYS—49 The Homeland Security appropria- The formula as it exists now does not take tions bill before us seeks to provide into consideration critical infrastructure, Alexander Domenici Miller whether it’s private, whether they’re federal, Allard Ensign Murkowski critical homeland security resources to whether they’re national icons. Allen Enzi Nickles our first responders—our States and The Formula doesn’t really take in threat Bennett Fitzgerald Roberts our local communities—to help them Brownback Frist Santorum or vulnerabilities. improve our homeland defense. Bunning Graham (SC) Sessions And finally: Burns Grassley Shelby I offer this amendment to support I suspect that reconstituting the Office for Campbell Gregg Smith the effort to ensure that those funds Chafee Hagel Snowe Domestic Preparedness formula or coming Chambliss Hatch are disbursed effectively. After setting Stevens up with something new is something that we Cochran Hutchison forth a number of findings, this amend- Sununu hope to achieve some bipartisan support [on] Coleman Inhofe ment states that it is the sense of the and get it done and then attached to the 2004 Collins Kyl Talent Cornyn Lott Thomas Senate that homeland security grants appropriations. Craig Lugar Voinovich to State and local governments that On this issue, I absolutely agree with Warner DeWine McCain contain the small State minimums in Secretary Ridge. The last thing we Dole McConnell the PATRIOT Act and that are dis- should do is tie the Secretary’s hands NOT VOTING—3 bursed by the Office for Domestic Pre- by saying he cannot use any formula Crapo Kerry Lieberman paredness should be allocated to the other than a per capita formula. The PRESIDING OFFICER. The yeas States through a threat-based formula That is not just my view but, more are 48, the nays are 49. Three-fifths of rather than a per capita formula importantly, it is the view of national the Senators duly chosen and sworn after—and I stress this—after the small experts, such as the Homeland Security not having voted in the affirmative, State minimum provision is applied. Independent Task Force of the Council the motion is rejected. The point of I am offering this amendment be- on Foreign Relations, chaired by order is sustained, and the amendment cause the Senate committee report ac- former Senator Warren Rudman. The falls. companying the bill requires Secretary task force makes it unequivocally Mr. COCHRAN. Madam President, I Ridge to distribute the State and local clear that for the sake of our homeland move to reconsider the vote. grants, other than the high-threat for- defense we must employ a better for- Mr. DASCHLE. I move to lay that mula grants, on a per capita basis. mula. motion on the table. This is obviously a bit confusing and The report of the task force states The motion to lay on the table was arcane because it has to do with for- that they: mulas and percentages, but it is a very agreed to. . . . found existing systems for determining Mr. DASCHLE. Madam President, I important issue with which we have to the distribution of appropriated funds [to wish to inform Senators about the come to grips. States] to be badly in need of reform. schedule. Since they pertain to amend- The last wartime supplemental that The state and population-driven approach ments on our side, I will announce that we considered, thanks to the efforts of has led to highly uneven funding outcomes. the Senator from New York, Mrs. CLIN- the senior Senator from Pennsylvania, ... TON, has an amendment. She indicates included language in the final supple- While this approach may have political ap- she will need about 15 minutes. Senator mental conference report that directed peal, it unnecessarily diverts funding from areas of highest priority. CORZINE has an amendment which will Secretary Ridge to develop a threat- based formula for the distribution of In addition, decisions by state officials re- require approximately the same garding the allocation of funds in their amount of time. Then Senator BAUCUS State and local homeland security states have not sufficiently taken into ac- has an amendment as well. We have funds for fiscal year 2004. count the multitude of necessary factors. This amendment is wholly consistent about 45 minutes of time on our side. I Now, you see, we have a two-tiered with that language which the entire assume there will be some time re- problem. We have a problem here in Congress approved. I have said for quired on the managers’ side. We ex- Washington distributing the funds months that we need to have a better pect that there will be three votes based on assessments of threats and formula for the distribution of State stacked at approximately 7:15 this vulnerabilities, and we have a problem and local homeland security grants evening. That may be the last business in State capitals distributing the funds based not solely on the population of a of the evening. But at least between that the States get on the same basis. State but on a variety of threat and now and then we will have debate on Based upon their assessment, the vulnerability factors. I am sure these those three amendments. task force, under former Senator Rud- I yield the floor. factors are ones on which we can all man, said: Mr. COCHRAN. Madam President, I agree. But we are having some dif- appreciate very much the advice of the ficulty putting them into a formula Congress should establish a system for al- Senator from South Dakota, the distin- locating scarce resources based less on divid- that can then be used to direct the ex- ing the spoils and more on addressing identi- guished leader. This side is not going penditure of the homeland security fied threats and vulnerabilities. to require as much as 15 minutes per funds. To do this, the federal government should amendment. I can assure you of that. I have written Secretary Ridge. I consider such factors as population, popu- We probably will not need that much have met with him. We have talked lation density, vulnerability assessment, and time to discuss our views on the about this issue. He agrees that a bet- presence of critical infrastructure within amendments. We are glad the Senators ter formula is needed. He has said it each state. are here and ready to offer them. We many times, including in testimony in My amendment, expressing the sense appreciate their cooperation in getting April before the Senate Commerce of the Senate, sets forth those same the bill moving along. Committee. At that time, Secretary factors that I believe Secretary Ridge

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.020 S23PT1 S9776 CONGRESSIONAL RECORD — SENATE July 23, 2003 can choose to consider in developing a Now, reasonable people can, of potentially subject to threats that threat-based formula. course, disagree as to which factors need to be considered. I think it is im- Let me make clear, this is a sense-of- should be included and what weight portant we look at this effort as an on- the-Senate amendment; it is not au- should be provided to each factor. But going one, but we have to untie the thorizing language. Let me further un- there is an absolutely clear consensus Secretary’s hands. Right now he has no derscore that the small State mini- among security experts that a better discretion. He has no ability to deal mums in the underlying bill are not af- formula must be devised and used. And with the grants to State and local com- fected. I have heard not just from homeland munities other than on a per capita But what then do we do with the security experts on this point but from basis. threat assessment formula? How do we our front line defenders, our first re- What that leads to is articles like we figure out what factors should be con- sponders, or, as some of our police offi- have seen recently in national news- sidered? cers like to refer to themselves, our papers where money goes out in a huge Here are some I would recommend— first preventers. amount on a per capita basis to less obviously, starting with population. Hopefully we can prevent tragedies, populated States, while States and cit- That has to be the No. 1 consideration. not just respond to them. It is not only ies such as New York and LA are try- But I would go a step further because it our police and our firefighters but our ing desperately to figure out how they is not just what the census says about public health officials and our EMTs, are going to protect major airports, all the population as to who lives perma- our mayors, our county executives who the other ports and facilities that they nently in a particular city or county or are there on the front lines. I said the have, how they are going to do it with region. There are parts of our country other day if we were to determine our the amount of money they have, given that have a very high tourism indus- defense posture, our projection of force the budgetary constraints that every try, that might have a military base, around the world on some kind of per State and city is confronting. that have other factors that should be capita basis, we would be placing sol- I tried in this resolution to recognize taken into account when we look at diers in Canada and Sweden because, the political reality that exists. It re- population. after all, they are there. Obviously, tains the small State minimum. I can As Senator REID said yesterday, in that is nonsensical. We don’t do that. count and I know that we are not yet talking about Las Vegas, the popu- at a point where we can eliminate the We look at the threats. We try to de- lation in Nevada peaks on the weekend small State minimum, so it retains sign our weaponry and our other re- when thousands of people from all over that. That is about 40 percent of the sponses to take account of all the the country and the world come to Las money right off the top to be distrib- threats that American military forces Vegas. uted on a per capita basis. But that might encounter. And we should be So in addition to population, we leaves 60 percent to begin to imple- doing the same for homeland security. should consider population density, ment a formula that does what the ex- again, taking into account not just This is a two-front war. It is not only what we are doing in Afghanistan and perts say we must do. who lives there every day but the ebbs In closing, I believe whether we go Iraq and other places, it is what we are and flows in the density of the popu- through direct funding, which I still doing to defend ourselves here at home lation—whether it is Orlando, FL, or believe is the best way to disburse that we have to be very concerned Las Vegas, NV, or Manhattan. We money—I am hearing from a lot of my about. At the national level, if we don’t should look at the proximity to nu- mayors; they still haven’t gotten any take these various factors into account clear and chemical facilities, ports, and of the money that has gone to the and establish a formula, we also fail to international borders. State capital. Again, I understand give guidance to our States. We also Yesterday, I referred to a GAO report that. I know a little bit about the pres- when I was standing here in support of fail to recognize in a thorough, com- sures on Governors. But the fact is, the the very commonsense approach that prehensive way all of the potential money is not getting down to a lot of the Byrd amendment represented. I re- vulnerabilities and targets we have. the cities and counties that really bear For example, if one were discussing ferred to a GAO report that shows the brunt of homeland defense. So I the homeland security needs of Lou- there are hundreds of chemical facili- still believe we should do it directly. ties in our country that contain toxic isiana, you might look at population But if it is passed to the States, then chemicals that could harm thousands, and density, but you would also look at we need a formula, and we need a for- if not millions, of people within the the fact that there is a major port. mula that gives guidance at the State near proximity. That is an issue we There are offshore petroleum plat- level so we can get the money where it need to take seriously. forms. We have part of the strategic pe- is most needed. Similarly, nuclear powerplants—par- troleum reserve. We have river railroad I hope we can begin to move down ticularly the one in the county where I crossings and facilities that are pump- this road and start giving the kind of live, which is in a heavily populated ing natural gas to the rest of the coun- discretion to the Secretary of Home- area, in an area with very narrow, try. That would be part of the kind of land Security who, after all, is really winding roads—they, too, should be formula I am proposing that would cer- on the hot seat. He is the person who taken into account. tainly be justifiable and give the Sec- gets the threat information and the in- We should look at the location of na- retary the discretion he needs. telligence. He knows exactly what is tional icons, whether it is the Gateway There are many other places in the happening because he has to be briefed Arch in St. Louis or the Golden Gate country that at first glance you don’t on it all the time. To provide him this Bridge in San Francisco or any other think of as being perhaps vulnerable or discretion would give him the oppor- national icon. strategically located, but take Lan- tunity to begin to implement a formula We should also begin to assess the caster County, PA. It has two nuclear which I am sure is going to be revised. presence and vulnerability of other powerplants on its borders. There are The factors will change. The weight critical infrastructure. I consider agri- only five counties in the entire country will change. But we must start now; culture a critical industry to our coun- in that same position. So I would argue otherwise, we lose another year. I don’t try. Food supplies, water, public that kind of consideration about crit- think we can afford to do that. health, emergency services, the kinds ical infrastructure, proximity to nu- I hope that my colleagues will sup- of things that, if they were targeted, clear and chemical facilities, should be port this resolution, give the authority would disrupt commerce, would dra- considered. to the Secretary, preserve the small matically impede the kind of response I know many of my colleagues who State minimum, but begin to give us needed because of the potential for de- represent less populated States worry some factors to gauge the threats and struction. about a threat-based formula versus a vulnerabilities that we know the ex- Finally, we should be taking into ac- per capita formula. I have to say I un- perts know, but mostly our police and count intelligence and threat informa- derstand that. I have lived in big firefighters know they are facing every tion, and any other information or any States and I have lived in small States. single day. other factor that the Secretary deems I have been in every State. I believe The PRESIDING OFFICER. The Sen- appropriate. every State has vulnerabilities and is ator from Mississippi.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.101 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9777 Mr. COCHRAN. Mr. President, the out how some States appear to get discretion to Secretary Ridge, espe- Senator makes a point that certainly more per capita than the big States, cially based on the good work done by ought to be considered by the Senate, and they do. But what happens is, this the Governmental Affairs Committee. but it ought to be considered first by is made up for in other programs that The PRESIDING OFFICER. The Sen- the Governmental Affairs Committee provide funds to those high-threat ator from Maine is recognized. which has jurisdiction over the law urban areas, and it is dealt with in this Ms. COLLINS. Mr. President, I rise that created the Department and the other legislation. to comment on the sense-of-the-Senate grant programs under which the De- So it will be my intention to respond amendment offered by the distin- partment administers the programs to any questions that I can answer. I guished Senator from New York today. and distributes funds to the States. wish the distinguished Senator from The Senator’s amendment is on a sub- There was a per State minimum pro- Maine were here because she knows ject of great importance to each and vided in the law that established the more about the details than I do. But I every Senator, and that is how best to Department of Homeland Security. will try to respond to any questions the divide up the homeland security funds Just recently, the Committee on Gov- Senator from New York has. Then it is to ensure we get the most from the re- ernmental Affairs undertook a review my intention to move to table the sources we are investing. It is a subject of that basic law, and they reported amendment and ask for the yeas and that falls within the jurisdiction of the out a bill, S. 1245. It deals with the nays. Senate Governmental Affairs Com- issue of formulas under which funds are Mrs. CLINTON. Will the Senator mittee, which I am privileged to chair. allocated to the States. As a matter of yield? The committee held three hearings fact, it specifically provides for the Mr. COCHRAN. I yield the floor. on this topic. We have heard from fire- continuation of the State minimum Mrs. CLINTON. Mr. President, in re- fighters, police officers, mayors, Gov- funding grant to each State based on sponse to the Senator, the chairman, I ernors, State emergency management population. But it also takes into ac- only point out that the Senate com- directors, county officials, and from count high threat areas, large State mittee report accompanying the bill Secretary Ridge. As a result of these and large city problems that exist, and requires the Secretary to distribute the hearings, I developed bipartisan legis- provides for special grants to be made State and local grants, other than the lation, which the committee has unani- to those areas of the country. We al- high-stress grants, on a per-capita mously approved. That legislation is ready have, for example, the high basis. I applaud the chairman of the cosponsored by Senators CARPER, threat urban area classification, and Governmental Affairs Committee for ROCKEFELLER, VOINOVICH, FEINGOLD, funds are allocated to those States and the work she has done because, under SUNUNU, COLEMAN, PRYOR, ALLARD, those areas that are under higher her leadership, there has been a tre- AKAKA, HAGEL, BURNS, CHAFEE, ROB- threats or have higher vulnerability in mendous effort undertaken to begin ERTS, DORGAN, CHAMBLISS, and BEN addition to the funds they get on a per the process to authorize the changes in NELSON. In other words, it has wide- capita basis. formula. spread support. My point in mentioning this and This authorizing legislation will Dealing with formula issues is very stating these facts is to say that this is come before the Congress, I hope, this difficult. They are not easy. They af- not the time or the place for the Sen- year. I hope it is passed this year. But fect us all and we want to make sure ate to deal with this issue. The time it will not influence the appropriations we get it right. will be when this bill, S. 1245, is taken we are considering today, and, there- The legislation we reported last up by the Senate. It was just reported fore, the Secretary—even if he were to month addresses the very issues the out of the committee on June 12, 2003. pick up the legislation from the Gov- Senator from New York has brought up The distinguished Senator from Maine, ernmental Affairs Committee, read it, and is seeking to address on the appro- Ms. COLLINS, is chairman of that com- and say he agrees 100 percent—would priations bill. There is much I agree mittee. She has indicated to me, with a not be able to do anything about it. with in the amendment of the Senator note yesterday, that this bill had been What this sense-of-the-Senate from New York. I don’t agree with her reported out. So if any issue came up amendment tries to do is to give at treatment of small States, because al- about formula grants and how funds least some encouragement, and hope- though she keeps the small-State min- were being distributed, it had already fully it could become more specific in imum, as I read the language, she been considered by her committee and the conference report to the Secretary, would treat the current .75 allocation legislation had been reported on that that based on factors such as those in as a ceiling. That is not the way it subject. the Governmental Affairs legislation would be done under the legislation I What the Senator from New York is and the work of the committee under have authored, nor is that the way that asking us to do tonight, even though Senator Rudman, there would be an op- small States are handled under current this is a sense-of-the-Senate resolution, portunity to begin to actually do this, law. is to go on record saying the formulas instead of waiting for another year and But there is much I agree with in the under which the funds are being appro- a half to figure out what the appropria- Senator’s approach. We need to iden- priated by this bill are inappropriately tions would be. tify high-threat areas and we need to distributed. They are being distributed So I certainly understand the chair- do vulnerability assessments. That under the auspices of current law, and man’s perspective that this is not au- means looking at military installa- so she is asking us to disagree with the thorizing legislation. That is why what tions, ports, and looking at whether content of current law and suggests I have is a sense-of-the-Senate amend- the State is a border State. There are that some different distribution be ment. The work the Senator from many issues that need to be considered. made by this bill. Maine has done is extremely important Our legislation carefully crafts a for- We can’t do that. We can’t accommo- work, but I worry about the time lag mula and fills out the outlines of the date that. The time for changing the because since the Senate committee re- homeland security grants, which were formulas and changing the way the dis- port says that Secretary Ridge cannot treated only in a single paragraph in tributions are made will be when the distribute on any basis other than per the original legislation creating the Senate turns to the consideration of capita, the good work of the Govern- Department of Homeland Security. We this reported legislation. mental Affairs Committee and the rec- have made sure the money is passed on It is for those reasons and not to ommendations of experts is going to be quickly, for example, from States to argue that there are needs in States once again in suspended animation. local governments and to the first re- that have cities such as New York City The Secretary will find himself once sponders. We have simplified the appli- and others. New York City already gets again having to follow what is, by all cation process from 12 steps to 2. We way beyond what any other city gets accounts, an outdated formula in the have done away with a mountain of the because it is a high threat urban area. face of the most pressing homeland se- paperwork and bureaucracy that has We have charts. Everybody can have curity challenges that we confront. frustrated our State and local govern- access to see how much each State Mr. President, I hope we will at least ments. And, yes, we call for an alloca- gets. The Senator has already pointed give a little bit of wiggle room, some tion right off the top for high-threat

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.105 S23PT1 S9778 CONGRESSIONAL RECORD — SENATE July 23, 2003 areas and for vulnerability assess- ommendations of many of the security ation of the issues that have been dis- ments. experts, an issue we are urgently fac- cussed. Any modifications to the formulas ing. With the Senator’s very able stew- The PRESIDING OFFICER. The Sen- for homeland security grants should be ardship of this legislation and getting ator from New Jersey. considered in a comprehensive, careful it through on the authorizing com- AMENDMENT NO. 1350 manner, as the committee has done. If mittee, I look forward to working with Mr. CORZINE. I thank the Chair. Mr. the committee had not acted on this her and doing everything I can to help President, I send an amendment to the important issue, I would be more sym- move that legislation forward. I hope desk on behalf of myself, Senator ED- pathetic to the arguments made by the there is some way we can figure out WARDS, Senator LAUTENBERG, and oth- Senator from New York. But, in fact, how to give the Secretary some discre- ers, and ask for its immediate consider- the committee has acted. We have held tion in the meantime, especially based ation. several hearings. We have reported leg- on the work the committee has done, The PRESIDING OFFICER. The islation, which is pending for consider- the factors the Senator has taken into clerk will report. ation by the full Senate. account so we do not lose another year. The assistant legislative clerk read If we attempt to change the formula That is my main concern as I stand as follows: on an ad hoc basis, we may end up with here today. The Senator from New Jersey [Mr. unintended consequences and a State Again, I commend the Senator from CORZINE], for himself, Mr. EDWARDS, and Mr. may end up with insufficient homeland Maine for her extraordinary work and LAUTENBERG, proposes an amendment num- security resources. We obviously are leadership, and I look forward to work- bered 1350. very stressed because of budget con- ing with her. Mr. CORZINE. Mr. President, I ask straints. We need to make sure the for- The PRESIDING OFFICER. The Sen- unanimous consent that the reading of mula is carefully done. I believe the ap- ator from Mississippi. the amendment be dispensed with. propriations bill is not the right vehi- Mr. COCHRAN. Mr. President, I ask The PRESIDING OFFICER. Without cle to pass important authorizing legis- unanimous consent that following the objection, it is so ordered. lation affecting the allocation of funds. disposition of the Clinton amendment, The amendment is as follows: For this reason, I have not sought to the amendments that will next be of- (Purpose: To appropriate $80,000,000 for the attach my own bill to the appropria- fered will be the Corzine amendment Office of the Under Secretary for Informa- tions vehicle, nor pieces of it, tempted on chemical security for 20 minutes for tion Analysis and Infrastructure Protec- though I am. Nor do I think the well- Senator CORZINE and 10 minutes for tion to conduct chemical facility security intentioned amendment of the Senator Senator COCHRAN, then the Schumer- assessments) from New York, which calls for a Baucus northern security amendment On page 66, strike lines 9 and 10, and insert change in the funding formula, which with 25 minutes total for both Senators the following: is directly in the jurisdiction of my and Senator COCHRAN 10 minutes. $903,700,000, to remain available until Sep- committee, should be adopted on this I further ask unanimous consent that tember 30, 2005; of which $80,000,000 shall be for chemical facility security assessments. appropriations bill. following the debate in relation to the I want to make an offer to the Sen- amendments, the Senate vote, if nec- Mr. CORZINE. I thank the Chair. Mr. ator from New York to work closely essary, in relation to the Clinton President, this amendment addresses with her. New York obviously has chal- amendment No. 1348, to be followed by one of the most serious security lenges that are enormous when it a vote in relation to the Corzine threats facing the American people. As comes to homeland security. I am very amendment, to be followed by a vote in I will indicate later, this is not an as- sympathetic to what a high-risk, high- relation to the Schumer-Baucus sertion I make alone but an assertion vulnerability State the Senator so ably amendment. made by a broad range of security ex- represents. So I want to work with her I further ask unanimous consent that perts, including the Secretary of Home- further on this as we bring our legisla- there be 2 minutes equally divided for land Security: the threat of a terrorist tion to the floor. But I am reluctantly debate for each amendment in the attack on our Nation’s chemical facili- going to oppose the sense-of-the-Senate stacked sequence and, further, that no ties. amendment of the Senator from New second-degree amendments be in order There are literally thousands of York because, frankly, it doesn’t be- to the amendments prior to the vote. chemical producers, refineries, and long on this bill, particularly when the The PRESIDING OFFICER. The similar facilities throughout the committee of jurisdiction has acted to Democratic whip. United States where the release of bring forth carefully crafted, bipar- Mr. REID. Reserving the right to ob- chemicals can kill or injure literally tisan legislation to deal with this very ject—and Senator CLINTON is standing tens of thousands and, in many in- issue. next to me—based on the colloquy on stances, millions of Americans through The PRESIDING OFFICER. The Sen- the amendment that has taken place in exposure to highly toxic gases. That is ator from New York is recognized. the last 40 minutes, Senator CLINTON why these facilities are potentially so Mrs. CLINTON. Mr. President, I has indicated she will withdraw her attractive to terrorists. That is why se- thank the Senator from Maine for her amendment. curity officials indicate that point. leadership and her very obvious con- AMENDMENT NO. 1348 WITHDRAWN From a practical viewpoint, often cern about these issues. I particularly Mr. REID. Mr. President, on behalf of these facilities are located in the most appreciate her concern about New York Senator CLINTON, I ask unanimous con- densely populated communities across and what we are contending with in sent to withdraw her amendment. our Nation. The legacies of the great New York, not just in New York City The PRESIDING OFFICER. Without era of American manufacturing were but throughout our State. objection, it is so ordered. The Clinton practiced in our urban communities I would very much appreciate the op- amendment is withdrawn. and continue to be in many instances portunity to work with the Senator Mr. REID. Mr. President, I have no today. New Jersey happens to be one of from Maine on this issue. I worry a lit- objection to the unanimous consent re- those communities that is densely pop- tle bit, and perhaps there is some way, quest propounded by the Senator from ulated—it is the most densely popu- working with the able chairman of the Mississippi. lated State in the Nation, and many of appropriations subcommittee—and I The PRESIDING OFFICER. Without these facilities with exposures to over 1 hope her legislation will pass very soon objection, it is so ordered. million people are located in my State. because it is a long overdue revamping Mr. COCHRAN. Mr. President, I Unfortunately, there are currently of how to deal with this issue—that we thank the distinguished assistant lead- no Federal security standards for would be able to give some discretion er from Nevada, and I thank the distin- chemical facilities, none. So the pri- to the Secretary going forward and not guished Senator from New York and vate sector has been left to do as it have to wait until the next appropria- the distinguished Senator from Maine, sees appropriate on a completely vol- tions process. as well, for the discussion we have had untary basis. There are some very posi- It is, from my perspective, based par- on the issue of formulas. I look forward tive actions by some in the industry to ticularly on the insights and rec- to joining them in a careful consider- make sure that security and safety at

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.107 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9779 the plants is attended to. There are juries and death. Loaded with chemi- be required to take the steps the industry good standards being promoted by cals such as chlorine, ammonia, and leaders are taking at their facilities: per- trade associations. But far too many of hydrogen fluoride, chemicals that serve forming comprehensive vulnerability assess- the facilities across this country have an important industrial function, they ments and then acting to reduce those vulnerabilities. not stepped up to meet their respon- could be instantly transformed into a sibilities. Far too many continue to be weapon of mass destruction at the Yet in spite of all of these public ac- vulnerable to attack. hands of a terrorist. knowledgments, comments and state- Time after time we have seen press I am not arguing that many are not ments, we still have not been able to reports and other indications that our doing what they are supposed to be enact chemical security legislation. I chemical facilities are not properly se- doing. I see great activity about secu- introduced a bill back in October of cure, and there has been very little ef- rity and safety in many of the pharma- 2001, and did a lot of compromising fort to improve the safety of the proc- ceutical plants in New Jersey. with a lot of folks on the EPW com- essing in many plants. Put literally, There are many who are not stepping mittee, addressing industry concerns. millions of Americans are at risk. up to the plate to make sure the public We reported out a bill 19 to 0. I reintro- A recent report by the conference is protected, and this is not just my duced that legislation in this Congress. board, by the way, that confirms this opinion. Again, it has been documented In April, I offered the bill with further shows there has been a very limited in- by experts in the administration and modifications as an amendment to the crease in expenditures at publicly held the like. On March 18, the General Ac- Defense supplemental appropriations companies in this country. Less than 4 counting Office issued a new report on bill. The amendment was defeated on a percent at the median, and very little, this matter. GAO found that chemical point of order. In that bill, I actually according to many of the anecdotal facilities may be attractive targets for included additional funds to help facili- pieces of information we have been terrorists because of the extent of tate putting in security elements to able to find with regard to chemical harm they could inflict. make sure industry believed we were plants. If one is trying to find a way to seri- working as partners to accomplish it. According to the EPA, there are 123 ously impact broad numbers of the pop- I will not be offering that legislation facilities in 24 States where a chemical ulation, this is how GAO says terror- on this appropriations bill. I know it release could expose more than 1 mil- ists might actually accomplish that. would be subject to a point of order. lion people to highly toxic chemicals. GAO goes on to say: There are no Fed- But I simply cannot let this legislation There are about 750 facilities in 39 eral laws requiring chemical facilities go through without drawing attention States where a chemical release could to assess vulnerabilities, to take ac- to an issue that just lingers and lin- expose more than 100,000 people to tion, to safeguard against these at- gers. For the people of the State of these chemicals. Thirty-nine States tacks. GAO recommended that the De- New Jersey, and I know in all of these have that kind of exposure. partment of Homeland Security and other States that I just talked about, I have with me a map that shows how the EPA jointly develop a strategy, in- this is a serious risk as we go forward. many of these facilities are located in cluding legislative proposal, to address In that regard, I want to commend each State. This really is a broad-based the threats of attacks on chemical fa- Senator BYRD for recognizing the im- national issue. There are nearly 3,000 cilities. portance of this issue and including facilities spread across 49 States where The GAO report was released on chemical security as a priority in his a chemical release could expose more March 18 of this year, but only one amendment yesterday. More than any than 10,000 people. These are staggering month earlier the Department of other Senator, the senior Senator from numbers representing a broad vulner- Homeland Security itself sounded the West Virginia has consistently de- ability across America. alarm about the threat facing chemical manded that we do more on homeland The consequences of an attack on a facilities. In the bulletin issued on Feb- security than talk about it. So I thank chemical plant are potentially horrific, ruary 12 of this year, when we moved to him for his leadership on homeland se- and it is hard for any of us to even code orange, the Department stated: curity in general, and more specifically imagine. Think back to 1983 in Bhopal, Al-Qaida operatives also may attempt to for his attention to chemical plant se- India, where over 3,000 people died and launch conventional attacks against U.S. nu- curity. innumerable injuries and problems in clear/chemical-industrial infrastructure to The amendment Senator EDWARDS health still linger today. I would argue cause contamination, disruption and terror. and I are offering today is the chemical that our Nation appears to be in denial In our releases to our own people security portion of Senator BYRD’s about this problem. If anything, Sep- across this country, we identify this as amendment. It appropriates $80 million tember 11 taught us that we cannot a vulnerability. We ask our local law for the Department to conduct vulner- avoid thinking about the unthinkable. enforcement to protect the American ability assessments at chemical facili- We have to face up to the Nation’s people. ties—simple, with none of the other most serious vulnerabilities. We have Based on information, nuclear power stuff that is such an onerous problem to focus on them and confront them plants and industrial chemical plants remain for the industry. Just get an assess- head on. If we look at what has been viable targets. ment of what the risks are. identified by security experts and the Now I go back to October 6 of last We would not tolerate this with our people at the Department of Homeland year. On that day, Homeland Security nuclear plants in this country. We Security, we will draw that conclusion. Secretary Ridge and EPA Adminis- check them out all the time. We have I repeat one of the statistics I men- trator Whitman had a letter of theirs a whole infrastructure to do it. We tioned: There are 123 chemical facili- published in the Washington Post. In have these plants located—again, 123 ties around our Nation that could that letter they stated: right in the middle of our most vulner- threaten more than 1 million American The Bush administration is committed to able areas, our most densely populated lives in their immediate vicinity. To reducing the vulnerability of America’s areas. This $80 million is the amount bring this home, there are eight of chemical facilities to terrorist attack and is the Congressional Budget Office has es- these facilities in my home State of working to enact bipartisan legislation that timated it will cost to conduct vulner- New Jersey, one that has the potential would require such facilities to address their ability assessments nationwide. to expose over 8 million people in the vulnerabilities. Some have questioned whether we Greater New Jersey-New York region That was on October 6 last year. I should legislate this as a priority. They with a toxic cloud. Think about that, 8 think this is July 23. argue that we have funds in the bill million people located smack dab in The letter goes on to state: that could be used for this purpose and the middle of one of the most densely We applaud the voluntary efforts some in that we should let the Department populated areas in our country. the industry have undertaken— identify infrastructure priorities as These facilities pose a severe threat By the way, I do as well— they see fit. That certainly does not to public safety. They have serious but we believe that every one of the 15,000 jibe with the language I have heard weapons that could be used against the chemical facilities nationwide that contain Secretary Ridge, EPA Director Whit- American people and cause massive in- large quantities of hazardous chemicals must man, the GAO, and others talk about,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.111 S23PT1 S9780 CONGRESSIONAL RECORD — SENATE July 23, 2003 and I would respond that chemical ical plants, I urge my colleagues to Mr. COCHRAN. I ask for the yeas and plants have consistently been identi- support this simple amendment which nays. fied by every security expert and leader will provide $80 million to the Depart- The PRESIDING OFFICER. Is there a as a top priority. They must be ad- ment of Homeland Security to conduct sufficient second? dressed. vulnerability assessments at chemical There is a sufficient second. Last week, Rand Beers, who until re- plants. I urge my colleagues to support The yeas and nays were ordered. cently was a senior director for com- the amendment. The PRESIDING OFFICER. The Sen- bating terrorism on the Bush adminis- I yield the floor. ator from New Jersey has 31⁄2 minutes tration National Security Council, was The PRESIDING OFFICER. The Sen- remaining. asked the following question: ator from Mississippi. Mr. CORZINE. Mr. President, every When we think about homeland security, Mr. COCHRAN. Mr. President, the department head, including the Direc- what specifically concerns you? Senator’s amendment will add $80 mil- tor of Homeland Security, Secretary To which Mr. Beers replied: lion to the appropriations for the Office Ridge, has identified this as a priority. We have looked at the chemical industries of Under Secretary for Information They have earmarked it, but we have around the country and have a very serious Analysis and Infrastructure Protec- yet to see the actual dollars flowing to concern. There are a number of these plants tion, and it is earmarked specifically meet the challenge that occurs in this in locations around the country where an ex- to conduct chemical facilities security area. Each day that goes by is another plosion would create a catastrophic result assessments. Our bill provides a total day of exposure to literally millions of which could approximate the World Trade of $823,700,000 for the information, anal- Americans. Center. These are areas where we need the ysis, and infrastructure protection op- Given it is identified over and over Federal Government to give the chemical in- again in the rhetoric and the memo- dustry the guidelines that are necessary in erating expenses. order to protect those plants, because for the The Senator adds his $80 million to randa to first responders across the plants to simply do it on their own is going that account and earmarks it for chem- country, in times of high tension and to create a great disadvantage to those who ical facilities. There is no offset for vulnerability, it seems to me we ought do and an advantage to those who don’t be- this amendment. Therefore, it violates to single this out in a context that cause it will cost money. So it ought to be the Budget Act inasmuch as it sur- makes this a vulnerability that we will evened out across the industry. passes the allocation available to the address. That is what my amendment I wish I had been as articulate as Mr. subcommittee to use in writing this is trying to do. Beers. That is exactly what we need to bill. At the appropriate time I will We have procrastinated long enough be doing. By the way, it is unfair for make a point of order that it violates on an issue that is very important to those who are actually dealing with the Budget Act in that it is spending in the entire Nation with regard to these the problem relative to those who walk excess of the subcommittee’s alloca- very serious vulnerabilities—100,000 away from their responsibility in their tion. I assume the Senator will move to Americans or more are at risk in 39 communities. waive the Budget Act and get the yeas States. There are 123 facilities that ex- Chemical plants were the first thing and nays and the vote will occur on the pose more than 1 million people. That on Mr. Beers’ list, and we have done motion to waive the Budget Act. That is why I make a point of bringing this nothing to address this threat. I think is my expectation. I am hopeful the up. it is appropriate that we deal with it Senate will refuse to waive the Budget I appreciate the comments. I hope, and give direction to the Department Act. with the dialog we are having, we will in this regard. This amendment, which What we are doing if we start down encourage the Homeland Security De- would fund vulnerability assessments, this path is not only adding money partment to be cognizant of the need to is a positive step. It is one that we that is not available to the sub- make these vulnerability assessments. ought to take today. I also want to committee, but we are earmarking spe- I yield back the floor. make it clear it is a first step, and we cific, critical infrastructure facilities AMENDMENT NO. 1351 need to do more. and telling the Department how much The PRESIDING OFFICER. The next After we appropriate these funds, we money they should spend on each one, amendment is the Schumer-Baucus will still have the task of passing au- or selected ones. It deprives them of amendment. Under the previous order thorizing legislation to assure appro- the flexibility they need to use the the Senator from Montana or the Sen- priate security standards and account- funds they are given under this legisla- ator from New York is to be recog- ability mechanisms are put in place, as tion to assign priorities as they under- nized. Mr. Beers alluded to in his comments. stand the threats. Changing threats The Senator from Montana. We just have to get moving on this could mean a change in the areas Mr. BAUCUS. Mr. President, I am issue. where they are concentrating their ac- awaiting the arrival of my colleague Earlier in the year, Senator INHOFE tivities and assessing the security of from New York to offer the amend- introduced his own bill on chemical specific facilities in addition to chem- ment. It is his amendment and I am a plant security. There is much in that ical facilities. cosponsor. Pending his arrival, I will bill that I find positive. It does not go Chemical facilities, incidentally, are make a couple of statements. I do not far enough, in my view, but it is a good considered critical infrastructure and have the amendment with me. first step. It is a great place to start. they are defined as such in the bill. So I am pleased to join with the Senator We need to get moving on this issue. there is no restriction for this agency from New York, essentially offering an We have people exposed to vulner- to use the funds appropriated in this amendment that provides additional ability that almost everyone recog- act for the purposes of assessing the se- funds to increase the number of border nizes and identifies. I think we need to curity needs of chemical facilities. personnel protecting the more than get moving in the Congress, and I I don’t know how much time remains 5,000 miles of border we share with Can- think the administration needs to step for the Senator, but I don’t intend to ada. forward also. debate this any further. When the time It goes without saying that pro- Despite consistent statements in sup- of the Senator is yielded back or used, tecting this great Nation is the most port of the concept of the legislation, it I will make the point of order. important responsibility facing the has not been pushed as a priority on I make the point of order under sec- Congress and the administration. Cer- the agenda. So I am calling on the tion 302(f) of the Congressional Budget tainly enhancing border security is President and Secretary Ridge to move Act that the amendment provides critically important in the wake of on this issue. My goal is to truly de- spending in excess of the subcommittee September 11, 2001. The need for in- velop bipartisan legislation, an effec- 302(b) allocation. creased security against threats from tive approach that deals with the real Mr. CORZINE. Pursuant to section outside and within our country is evi- vulnerability that we have; one that 904 of the Congressional Budget Act 74, dent. can move through this body and the I move to waive the applicable sections Over the years our borders have seen House and be signed into law. For now, of that act for the purposes of the a rise in the number of illegal aliens as a first step toward securing chem- pending amendment. trying to gain entry into our country.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.113 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9781 These individuals are using whatever Glacier National Park is located in I urge my colleagues to support this means possible to get into this coun- the northwestern corner of our State. amendment. I guess it will be opposed, try, some to seek a better life, others It crosses over to the Province of Al- but, frankly, $200 million for additional to traffic in illegal and harmful activi- berta and the Province of British Co- border security I think is an invest- ties, and some with even more nefar- lumbia. It has sharp mountains and ment very well worth it. It is an in- ious goals. rugged peaks; it is wilderness but also vestment we must make. Clearly, we must do more to control an area that requires increased re- I yield the remainder of my time. and prevent illegal entry into the sources to monitor because it is so dif- The PRESIDING OFFICER. The Sen- United States. How do we do that? ficult to monitor that part of the bor- ator from New York. What is the best way? One, clearly, is der. Mr. SCHUMER. Mr. President, I to invest in advanced surveillance The U.S. Park Service is responsible know my good friend and colleague, technology and communication sys- for the security of our national parks. Senator BAUCUS, spoke on this amend- tems that allow enforcement personnel The National Park Rangers patrol the ment but I believe it has not been sent to monitor the flow of individuals en- 40 miles of the international border to the desk yet. tering this country. All personnel in- that lies within Glacier Park with lit- The PRESIDING OFFICER. That is volved with border security and law en- tle increases in funding for park secu- correct. Mr. SCHUMER. I send an amendment forcement need to be able to commu- rity. to the desk and ask for its immediate nicate with each other effectively. Cur- Park services are already strained, consideration. rently, it is very difficult for them to our national parks are already strained do so. The PRESIDING OFFICER. The for resources, and we need a vast in- clerk will report. Illegal entry is usually gained some- crease in them, in my judgment. With where along the vast 5,000-mile border The assistant legislative clerk read the additional terrorism threat that between border stations. Sometimes it as follows: faces our country, we have additional is at the border stations, but often it is The Senator from New York [Mr. SCHU- pressure for more resources to protect in between them, in the mountains, in MER], for himself and Mr. BAUCUS, Ms. CANT- our borders. the plains, and the unobserved areas. WELL, Mr. LEAHY, and Ms. STABENOW, pro- I believe homeland security is of the poses an amendment numbered 1351. In the mountains of northern Montana, utmost importance and our border for example, electronic sensors have re- Mr. SCHUMER. I ask unanimous con- agencies, law enforcement, and the Na- cently picked up 1,000 crossings be- sent that the reading of the amend- tional Park Service need a lot of help. tween Canada and the United States. ment be dispensed with. If we do not increase the technology, if Not one arrest was made from any of The PRESIDING OFFICER. Without we do not increase the personnel need- those sensor signals. What were those objection, it is so ordered. ed for border security, we will cer- The amendment is as follows: crossings? Who were they? What were tainly continue to see more individuals (Purpose: To make available an additional they? Could it be wild animals, back- who will enter our country through the $200,000,000 to increase the number of bor- packers, illegal aliens? No one knows. remote areas of the border, particu- der personnel at the northern border of the Why? Because of the lack of personnel larly in my State of Montana. We don’t United States by the end of fiscal year and proper equipment, we can only 2004) guess. We do not know what type of ac- like it. We are very concerned. There are also drugs coming down be- In title III under the heading ‘‘SALARIES tivity the sensors are picking up and AND EXPENSES USTOMS cause of the inadequate number of per- ’’ under the heading ‘‘C what is crossing our borders. AND BORDER PROTECTION’’, strike The security of our Nation affects ev- sonnel and inadequate equipment the ‘‘$4,366,000,000,’’ and insert ‘‘$4,566,000,000, of eryone. My example points out that current personnel have. Our country which not to exceed $200,000,000 shall be the State of Montana faces unique must do more to increase the number available to assist the Department of Home- issues regarding homeland security. of border personnel to prevent this un- land Security in increasing the number of border personnel at the northern border of Montana has the longest border with wanted traffic. Finally, we need to continue working the United States by the end of fiscal year Canada in the lower 48 States. We bor- 2004 as authorized by section 402 of the Unit- der three Canadian provinces with a with our neighbor to the north, con- tinue working with Canada to secure ing and Strengthening America by Providing northern border of roughly 600 miles. Appropriate Tools Required to Intercept and Controlling the traffic of people com- our Nation’s northern border, their Obstruct Terrorism (USA PATRIOT Act) of ing in and out of the country through southern border. We can do this with 2001 (115 Stat. 342), and may be transferred by Montana is difficult, to say the least. coordinated law enforcement oper- the Secretary of Homeland Security to the People working at the border stations ations, through intelligence sharing salaries and expenses account of the Bureau or near the border stations are ex- and infrastructure improvements but, of Immigration and Customs Enforcement;’’. tremely frustrated because of inad- again, this cannot be done just on the Mr. SCHUMER. Mr. President, my equate personnel, because of the inabil- basis of words. It can only be done with good colleague from Montana is from a ity of personnel to communicate with effective manpower, with proper tech- State that is quite different from mine. each other—regardless of what agency nology, and with good communication He has summed up this bill well. We it might be. It might be DEA; it might systems. It is clearly inadequate today. are from different States but we face be Immigration; it might be Customs. I am pleased today to join with Sen- the same problem, and that is our There are lots of agencies and each has ator SCHUMER to offer an amendment northern border is not guarded as well different communications facilities. that will provide an additional $200 as it should be. They have a hard time talking with million to increase the number of bor- Frankly, I think our country has each other. der personnel. This will enhance our done a very good job on the southern In addition, there are very few per- ability to conduct inspections of people border. We have had lots of problems sonnel along that entire border. and goods entering our country. I urge there in the past. The various govern- Along with the sheer length of the my colleagues to support the amend- mental agencies, prodded in part by border, the topography of the region ment. this body and the other body, did a makes patrolling it a terrific chal- This is not an idle statement; this is good job tightening things up. lenge. A lot of my colleagues have spo- very important. If the Presiding Offi- There was really no need to tighten ken to me and said how much they like cer, who comes from a State which also up the northern border until 9/11. But visiting Montana because of the beauty borders with Canada, were joined with what we have learned is that the ter- of the State, particularly Glacier Park. me in explaining to our colleagues just rorists know what we are doing. They It takes a lot of work to hike over how important it is to protect that can log onto the Internet, even if they those mountains and it is very difficult border and how easy it is to cross that are in a cave in Afghanistan, as long as to protect that border with Canada. border undetected—I am certain in the they have a wireless connection, and Then in eastern Montana, as far as the home State of the Presiding Officer it can learn what we are doing. So they eye can see, are vast plains and it is is almost as easy as in my State of know what we all know: The southern very easy to cross the border from the Montana let alone other Western border is pretty well guarded but the United States through Montana. States. northern border is not.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.124 S23PT1 S9782 CONGRESSIONAL RECORD — SENATE July 23, 2003 As a result, we have seen that var- tection for the express purpose of add- amendment provides spending in excess ious terrorists and others who seek to ing new personnel to the northern bor- of the subcommittee’s 302(b) alloca- do damage to our country, evil acts in der. We give the Department of Home- tion. our country, perhaps, have started land Security flexibility to transfer Mr. SCHUMER. Mr. President, pursu- crossing at the northern border. It is a these funds to the Bureau of Immigra- ant to section 904 of the Congressional massive border. It has 128 ports of tion and Customs Enforcement if need- Budget Act of 1974, I move to waive the entry. It is 5,500 miles long. Large ed to meet the PATRIOT Act goals. applicable sections of that act for the parts of it are totally unguarded. Some I urge that we support it. purpose of the pending amendment, of it is water. The Canadian border Mr. President, pursuant to section and I ask for the yeas and nays. that New York State shares with Can- 904 of the Congressional Budget Act of The PRESIDING OFFICER. Is there a ada is bounded by Lake Ontario and by 1974, I move to waive the applicable sufficient second? There is a sufficient second. the Niagara River and by the St. Law- sections of that act for the purposes of The yeas and nays were ordered. the pending amendment, and I ask for rence River. It is a beautiful border, it Mr. SCHUMER. Mr. President, I ask the yeas and nays. is a peaceful border, but unfortunately unanimous consent that Senator LEVIN The PRESIDING OFFICER. The mo- it can be used by bad people for evil be added as a cosponsor of the amend- purpose. tion is not in order at this time. ment. The challenge we face is we have The Senator from Mississippi. The PRESIDING OFFICER. Without trade with Canada. Western New York, Mr. COCHRAN. Mr. President, the objection, it is so ordered. the north country in New York State amendment offered by Senators SCHU- The PRESIDING OFFICER. Does the depend on that trade. Yet we need to be MER and BAUCUS increases the funding Senator yield back all time? more secure. Can we have security and available for personnel along the Mr. SCHUMER. I yield the remainder commerce? Is there a tradeoff between northern border by $200 million to meet of my time. one and the other? Only if we do not a level of personnel authorized by the Mr. COCHRAN. Mr. President, I yield provide the resources. If we provide the USA PATRIOT Act. all of the time available to me under resources for personnel, for equipment, This amendment is identical to the the order. for technology, we can have the best of portion of the amendment offered by Mr. SCHUMER. Mr. President, I sug- both worlds—a northern border that is the Senator from West Virginia, Mr. gest the absence of a quorum. secure and a northern border where a BYRD, yesterday on which a point of The PRESIDING OFFICER. The free flow of commerce occurs. It is ex- order was made and the motion to clerk will call the roll. tremely important. Canada is my waive failed. So the amendment was The assistant legislative clerk pro- State’s biggest trading partner. Last not agreed to. ceeded to call the roll. Mr. COCHRAN. Mr. President, I ask year we exported $9 billion worth of I will make the same statements I made yesterday but in a different unanimous consent that the order for merchandise to the north. the quorum call be rescinded. In order to do what we do, we need a way—it won’t be exactly the same—to explain why the funding made avail- The PRESIDING OFFICER. Without three-pronged approach. We must first objection, it is so ordered. have the technological programs such able in the bill has gone a long way to- AMENDMENT NO. 1350 as FAST, NEXUS, and US VISIT. We ward achieving the goal. In fact, before The PRESIDING OFFICER. Under need the VACIS radiological detection the end of this fiscal year of 2004, there will be the number of agents antici- the previous order, there are 2 minutes program. And, most important, we equally divided prior to the vote in re- need sufficient staffing at the border. pated and contemplated by the USA PATRIOT Act, and they are funded in lation to the Corzine amendment. We recognized this in the PATRIOT Mr. COCHRAN. Mr. President, I am the legislation that is before the Sen- Act, where we authorized a tripling of prepared to yield back the 2 minutes ate now. Immigration, Customs, and Border Pa- available to me, if the other side will Since fiscal year 2002, more than 5,000 trol. I have to be honest; it is not that yield back its time. I think the amend- additional inspectors, special acts, and this country has done nothing. There ment has been fully debated. It was Border Patrol agents have been funded are now more people guarding northern simply put in order of reservation to by the Congress. The supplemental in- borders than there were in September protect the Senators who wanted to cluded $75 million for additional staff- 2001. There were 2,300 in September speak in addition to those 20 minutes ing for the northern border and mari- 2001; there are now about 5,000. That is that were provided to Senator CORZINE a significant advance and I am not crit- time ports of entry. It also included $25 and 10 minutes to me under the order. ical of that advance; I think it is a million to transfer 285 Border Patrol I have no need of expressing myself good one. agents to the northern border. again on this subject. I yield back the But my motto in the post-9/11 world The Bureau of Customs and Border 2 minutes available to me under the is a simple one: You can’t be too care- Protection reports that over 4,000 in- order. ful. This is a greater expense but we spectors have been added since Sep- Mr. CORZINE. Mr. President, I will need it. We need it both so commerce tember 11, 2001. Over 1,000 inspectors reiterate the strong feeling that we continues—I know your State, Mr. have been added to the northern border need to address chemical plant security President, depends on that commerce since 9/11; 613 Border Patrol agents are in this Nation. There has not been the as well—and we need it so our people assigned to the northern border com- attention that is due to the millions can be more secure. pared to 368 before September 11, 2001. and millions of Americans who are ex- There should be, according to the Commissioner Bonner plans to have posed to the potential for toxic fumes PATRIOT Act, not just 5,000 men and 1,000 agents on the northern border by from a potential terrorist attack. women guarding that border, which October of this year. When the new These plants are identified as one of there will be in September of 2004, but agents funded in the bill are counted, most vulnerable elements by the De- 6,900. That is a shortfall of 27 percent. there will be over 11,600 Border Patrol partment of Homeland Security. They We will basically have only three-quar- agents in fiscal year 2004. This bill in- are cited in each of the notices to move ters of the men and women at the cludes the maximum number of new to code orange as requiring the atten- northern border we publicly promised border agents that can be absorbed in 1 tion of local law enforcement and the to station there. year. providers of safety for communities. I That is less than one person per mile But for the purpose of our discussion think it is time for Congress to take of the border. on this specific amendment, I am con- action to assess these vulnerabilities The amendment of my good friend strained to point out that the amend- on a complete basis. I hope we will from Montana and I—again, from com- ment provides spending in excess of our come back and have some stricter re- pletely different States but who share allocation under the Budget Act and, quirements that will also deal with it. the same problem of a border that is therefore, I am constrained to make a But that is the first step. guarded better than before but still not point of order, and do hereby make a I appreciate the help of my col- well enough—allocates $200 million to point of order, under section 302(f) of leagues and urge support of the amend- the Bureau of Customs and Border Pro- the Congressional Budget Act that the ment.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.126 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9783 The PRESIDING OFFICER. The vote in relation to the Schumer amend- Nelson (NE) Reid Schumer Pryor Rockefeller Stabenow question is on agreeing to the motion ment. Reed Sarbanes Wyden to waive the Budget Act in relation to Who yields time? The Senator from the Corzine amendment No. 1350. The New York is recognized. NAYS—51 yeas and nays have been ordered. The Mr. SCHUMER. Mr. President, I will Alexander DeWine McConnell Allard Dole Miller clerk will call the roll. soon yield a minute to my colleague Allen Ensign Murkowski The assistant legislative clerk called from Montana. The amendment is very Bennett Enzi Nickles the roll. simple. It brings up what we promised Bond Fitzgerald Roberts Breaux Frist Santorum Mr. MCCONNELL. I announce that in the PATRIOT Act—funding for Brownback Graham (SC) Sessions the Senator from Idaho (Mr. CRAPO) northern border personnel. Bunning Grassley Shelby and the Senator from New Mexico (Mr. Right now, we have increased the Burns Gregg Smith DOMENICI) are necessarily absent. Campbell Hagel Snowe personnel on the northern border, but Chafee Hatch Specter Mr. REID. I announce that the Sen- we have not increased them to a level Chambliss Hutchison Stevens ator from Florida (Mr. GRAHAM), the even close to the level we mentioned in Cochran Inhofe Sununu Senator from Massachusetts (Mr. the PATRIOT Act. The northern border Coleman Kyl Talent KERRY), and the Senator from Con- Collins Lott Thomas has become the border of choice for Cornyn Lugar Voinovich necticut (Mr. LIEBERMAN) are nec- those who want to infiltrate into this Craig McCain Warner essarily absent. country and do real harm. It makes NOT VOTING—4 I further announce that, if present eminent sense to spend a relatively Crapo Kerry and voting, the Senator from Massa- small amount of money—$200 million— Domenici Lieberman chusetts (Mr. KERRY) would vote to fulfill our promise and bring the The PRESIDING OFFICER. On this ‘‘yea.’’ Border Patrol and others, including The PRESIDING OFFICER. Are there vote, the yeas are 45 and the nays are Customs, to that border so we can have 51. Three-fifths of the Senators duly any other Senators in the Chamber de- both commerce and security. We can siring to vote? chosen and sworn not having voted in have both if we provide the dollars. the affirmative, the motion is rejected. The yeas and nays resulted—yeas 43, I yield the remaining time to my nays 52, as follows: The point of order is sustained and the friend from Montana. amendment falls. [Rollcall Vote No. 297 Leg.] The PRESIDING OFFICER. The Sen- Mr. COCHRAN. Mr. President, I move YEAS—43 ator has 3 seconds. to reconsider the vote and to lay that Akaka Dorgan Levin Mr. BAUCUS. Mr. President, this is a motion on the table. Baucus Durbin Lincoln great amendment. The motion to lay on the table was Bayh Edwards Mikulski Mr. COCHRAN. Mr. President, this Biden Feingold Murray agreed to. Bingaman Feinstein Nelson (FL) amendment would exceed by a substan- The PRESIDING OFFICER. The Sen- Boxer Harkin Pryor tial amount the 302(b) allocation, if it ator from West Virginia. Byrd Hollings Reed were agreed to, that the subcommittee AMENDMENTS NOS. 1353 THROUGH 1359, EN BLOC Cantwell Inouye Reid Carper Jeffords had to appropriate. In addition to that, Mr. BYRD. Mr. President, I have a Rockefeller Clinton Johnson Sarbanes the northern border will be fully list of amendments which have been Conrad Kennedy Schumer staffed under the target provided in the cleared by the distinguished Repub- Corzine Kohl Daschle Landrieu Stabenow USA PATRIOT Act with the funding lican manager of the bill, Mr. COCHRAN, Dayton Lautenberg Wyden that is already in this bill that has and have been cleared on both sides. Dodd Leahy been previously appropriated. They are on behalf of Senators BINGA- NAYS—52 This motion to waive the Budget Act MAN, DODD, BYRD, MURRAY, REID of Ne- Alexander Dole Murkowski should be rejected. vada, CONRAD and DORGAN, and ED- Allard Ensign Nelson (NE) The PRESIDING OFFICER. The WARDS. I ask unanimous consent that Allen Enzi Nickles question is on agreeing to the motion. they be considered en bloc, agreed to Bennett Fitzgerald Roberts The yeas and nays are ordered and en bloc, the motions to reconsider be Bond Frist Santorum Breaux Graham (SC) Sessions the clerk will call the roll. laid upon the table en bloc, and that Brownback Grassley Shelby The legislative clerk called the roll. the amendments appear in the RECORD Bunning Gregg Smith as though individually considered and Burns Hagel Mr. MCCONNELL. I announce that Snowe Campbell Hatch the Senator from Idaho (Mr. CRAPO) adopted. Specter Chafee Hutchison Mr. COCHRAN. Mr. President, I have Stevens and the Senator from New Mexico (Mr. Chambliss Inhofe DOMENICI) are necessarily absent. no objection to the request of the Sen- Cochran Kyl Sununu Coleman Lott Talent Mr. REID. I announce that the Sen- ator. Collins Lugar Thomas ator from Massachusetts (Mr. KERRY) The PRESIDING OFFICER. Without Cornyn McCain Voinovich the Senator from Connecticut (Mr. objection, it is so ordered. Craig McConnell Warner Mr. BYRD. I thank the distinguished DeWine Miller LIEBERMAN) are necessarily absent. I further announce that, if present Senator from Mississippi. NOT VOTING—5 and voting, the Senator from Massa- The PRESIDING OFFICER. The clerk will report the numbers of the Crapo Graham (FL) Lieberman chusetts (Mr. KERRY) would vote Domenici Kerry ‘‘yea’’. amendments. The legislative clerk read as follows: The PRESIDING OFFICER. On this The PRESIDING OFFICER. Are there vote the yeas are 43, the nays are 52. any other Senators in the Chamber de- The Senator from West Virginia [Mr. Three-fifths of the Senators duly cho- BYRD] proposes amendments numbered 1353 siring to vote? through 1359, en bloc. sen and sworn not having voted in the The yeas and nays resulted—yeas 45, Mr. BYRD. Mr. President, I ask unan- affirmative, the motion is rejected. nays 51, as follows: The point of order is sustained and the imous consent that the reading of the [Rollcall Vote No. 298 Leg.] amendment falls. amendments be dispensed with. Mr. COCHRAN. Mr. President, I move YEAS—45 The PRESIDING OFFICER. Without to reconsider the vote. Akaka Daschle Jeffords objection, it is so ordered. Baucus Dayton Johnson Mr. BOND. I move to lay that motion The amendments were agreed to, en Bayh Dodd Kennedy bloc, as follows: on the table. Biden Dorgan Kohl The motion to lay on the table was Bingaman Durbin Landrieu AMENDMENT NO. 1353 agreed to. Boxer Edwards Lautenberg (Purpose: To provide for a study by GAO of Byrd Feingold Leahy the SEVIS) AMENDMENT NO. 1351 Cantwell Feinstein Levin On page 46, line 17, insert before the period The PRESIDING OFFICER. Under Carper Graham (FL) Lincoln Clinton Harkin Mikulski the following: the previous order, there will now be 2 Conrad Hollings Murray ‘‘Provided further, That not later than 180 minutes evenly divided prior to the Corzine Inouye Nelson (FL) days after the date of enactment of this Act,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.129 S23PT1 S9784 CONGRESSIONAL RECORD — SENATE July 23, 2003 the General Accounting Office shall transmit lows up to $350,000 to be spent on such expresses the sense of the Senate that to Congress a report on the implementation a study. the Secretary of Homeland Security of the Student and Exchange Visitor Infor- AMENDMENT NO. 1355 should take into account tourist popu- mation System (SEVIS), including an assess- lation as a factor when determining re- ment of the technical problems faced by in- On page 75, line 5 delete all beginning with stitutions of higher education using the sys- ‘‘after’’ down through and including ‘‘Act’’, source needs and potential tem, the need for the detailed information and insert: ‘‘the Secretary of Homeland Se- vulnerabilities for the purpose of allo- collected, and an analysis of corrective ac- curity has published in the Federal Register cating funds for discretionary and for- tion being taken by the Department to re- the Department’s privacy notice for CAPPS mula grants. solve problems in SEVIS’’. II or no later than 60 days after enactment of It is my understanding that this this Act, which is later’’ Mr. BYRD. Mr. President, the amend- amendment has been cleared by the Mr. BYRD. Mr. President, this tech- ment I have offered on behalf of the majority and has been adopted. nical amendment requires the General Senator from New Mexico calls upon AMENDMENT NO. 1358 Accounting Office to report to the the General Accounting Office to sub- (Purpose: To require the Under Secretary for Committees on Appropriations on the mit a report on the implementation of Emergency Preparedness and Response to privacy protections in the Transpor- the Student and Exchange Visitor In- review any outstanding claims by the Uni- tation Security Administration’s pro- formation System known as SEVIS. versity of North Dakota relating to dam- gram known as, CAPPS II. ages and costs associated with the April AMENDMENT NO. 1354 This report will be delivered either 60 1997 flooding in North Dakota and report to (Purpose: To ensure that there is a robust days after the Secretary of Homeland Congress on the efforts to resolve such program of research and development for Security has published in the Federal claims) the Coast Guard) Register the Department’s privacy no- On page 75, between lines 5 and 6, insert On page 50, line 16, after ‘‘United States:’’, tice for CAPPS II, or no later than 60 the following: insert the following: ‘‘Provided further, That SEC. 616. Not later than 30 days after the of the total amount provided under this days after enactment of this act, date of enactment of this Act, the Under heading, funding to operate and maintain whichever is later. Secretary for Emergency Preparedness and the Coast Guard Research and Development AMENDMENT NO. 1356 Response shall— Center shall continue at the fiscal year 2003 (Purpose: To provide funding for oil spill (1) review the damage survey reports and level: Provided further, That the Com- prevention) project worksheets relating to the damages mandant of the Coast Guard shall conduct a On page 51, line 24, after the word ‘‘equip- and costs incurred by the University of study, the cost of which is not to exceed ment’’, insert: ‘‘including $3,500,000 for de- North Dakota as a result of the April 1997 $350,000, to be submitted to the Committees fense message system implementation and flooding in North Dakota, which is classified on Appropriations of the Senate and the $1,000,000 for oil spill prevention efforts by Emergency Preparedness and Response as House of Representatives, on the research under the Ports and Waterways Safety Sys- DR–1174–ND; and and development priorities of the Coast tems (PAWSS) program’’. (2) submit a report on the efforts of the Di- Guard and a design for a new research and rectorate of Emergency Preparedness and development organizational structure within Mr. BYRD. Mr. President, the Mur- Response to resolve any outstanding claims the Coast Guard that ensures that the Coast ray amendment included in the man- by the University of North Dakota relating Guard has access to the most advanced tech- ager’s package provides $1 million for to the reports described in paragraph (1) to— nology necessary to perform its missions ef- the Ports and Waterways Safety Sys- the Committees on Appropriations of the fectively: Provided further, That the Com- tems, PAWSS, which is the Coast Senate and House of Representatives. mandant may seek an independent entity to Guard’s program to improve waterway Mr. BYRD. Mr. President, I support conduct such a study:’’. safety. The $1 million would continue the amendment of Senator CONRAD and On page 67, line 8, before the period at the efforts of the Coast Guard to upgrade Senator DORGAN. I understand the end, insert the following: ‘‘: Provided further, That the Under Secretary for Science and technology at their Vessel Traffic Sys- amendment also has the support of the Technology shall work with the Coast Guard tems, VTS, which are located at nine majority. Research and Development Center regarding U.S. ports. The amendment would direct the research priorities for the Coast Guard: Pro- The amendment includes an offset of Under Secretary of emergency Pre- vided further, That there may be credited to $1 million from the Coast Guard’s De- paredness and Response to review and and used for the purposes of this appropria- fense Messaging System Implementa- report back to the Homeland Security tion funds received from State and local gov- tion. appropriations Subcommittee on ef- ernments, other public authorities, private AMENDMENT NO. 1357 forts to resolve the outstanding dis- sources, and foreign countries, for expenses aster claims from the University of incurred for research, development, testing, On page 75, between lines 5 and 6, insert and evaluation’’. the following: North Dakota. SEC. 616 (a) Congress finds that— Only $718,675 is in dispute between Mr. BYRD. Mr. President, the amend- (1) emergency responders are the first line the University and the Emergency Pre- ment I have offered on behalf of Sen- of defense in protecting our Nation against paredness and Response Directorate re- ator DODD does two things: terrorist attacks; lated to damages the university sus- One, it ensures that funding to oper- (2) the Department of Homeland Security uses population as a factor when allocating tained during the 1997 flood. ate and maintain the Coast Guard’s re- These claims have been pending for 6 search and development, R&D, center grant funding to States and local govern- ments for emergency responders; years. in Connecticut is funded at levels pro- (3) population plays an important role in Senator CONRAD and Senator DORGAN vided in fiscal year 2003, which was $9 both formula and discretionary grants, have been working to resolve them, but million supporting a staffing level of which are administered by the Department the Department has been less than co- 107 employees. The Senate bill, as re- of Homeland Security; operative. ported by the committee, denied the (4) the number of people in any city or I support the efforts of my colleagues President’s request for Coast Guard State often differs from estimates by the to bring this matter to closure. Census Bureau; R&D and instead added $15 million to (5) large groups of tourists regularly visit AMENDMENT NO. 1359 the Department’s science and tech- many American cities and states, but are not (Purpose: To require a report on the vulner- nology account to carry out the Coast included in the resident population of these ability of large sports and entertainment Guard’s R&D priorities. However, the cities and states; and facilities) committee intended for the operational (6) the monetary needs of emergency re- On page 66, line 3, after ‘‘Center’’, insert: costs of the Coast Guard’s R&D center sponders are directly related to the amount Provided, That no later than 120 days after in fiscal year 2004 to be funded from the of people they are responsible to protect. enactment the Under Secretary of Infra- (b) It is the sense of the Senate that the structure Analysis and Infrastructure Pro- Coast Guard’s operations and expenses Secretary of Homeland Security should take tection shall submit a report to the Commit- budget. into account tourist population as a factor tees on Appropriations of the Senate and Two, the amendment directs the when determining resource needs and poten- House of Representatives on the vulner- Commandant of the Coast Guard to tial vulnerabilities for the purpose of allo- ability of the 250 largest sports and enter- conduct a study on the R&D priorities cating funds for discretionary and formula tainment facilities (based on seating capac- for the Coast Guard and to examine the grants. ity).’’ existing R&D organizational structure Mr. BYRD. Mr. President, the amend- Mr. BYRD. Mr. President, this amend- of the Coast Guard. The amendment al- ment offered on behalf of Senator REID, ment will require that no later than 120

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.025 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9785 days after enactment of this bill the largest city in the South, with the U.S.-MEXICO BORDER VULNERABILITY Under Secretary of Information Anal- busiest airport in the nation as defined Mr. BINGAMAN. Mr. President, I en- ysis and Infrastructure Protection will by the largest volume of air carriers in gage in a colloquy with the chairman report to the House and Senate Appro- the industry and home of the CDC and and ranking member of the Homeland priations Committees on the vulner- the U.S. Army Forces Command head- Security Appropriations Sub- ability of our Nation’s largest sports quarters, it is also true that Georgia is committee. and entertainment facilities. the tenth largest state in the nation Mr. President, let me begin by thank- HIGH-THREAT URBAN AREAS based on population and plays host to ing Senators COCHRAN and BYRD for Mr. CHAMBLISS. Mr. President, I ex- numerous high profile events. It is ex- their leadership on this legislation. press my support for the allocation of tremely important to Atlanta and the They have crafted a very good bill, funds from the discretionary grants state of Georgia that Atlanta receive which will go a long way toward im- program to high-threat urban areas, in- adequate consideration for funding proving security along our Nation’s cluding the city of Atlanta. Atlanta from the DHS via the high-threat borders. was not recognized by the Department urban area grant program in the future For many years now, I have been of Homeland Security as a high-threat to better ensure a secure city of At- concerned about the vulnerability of urban area in the department’s last lanta and the state of Georgia. I thank the U.S.-Mexico border in my home round of funding grants based on the my distinguished colleagues from state of New Mexico. I think a lot of department’s grant criteria. Georgia and Indiana. people would be surprised to learn that Mr. MILLER. Mr. President, if my EMERGENCY WARNINGS there are still miles of border land colleague from Georgia would yield for Mr. EDWARDS. Mr. President, I ap- where there is nothing separating my a moment, Atlanta is the largest city plaud the Appropriations Committee’s state from Mexico. To correct this in the south, with one of the busiest efforts to improve our public warning problem, I requested and the Appro- airports in the country, as well as system in the event of a terrorist at- priations Committee approved $967,000 being home to the Centers for Disease tack. Right now, we depend almost ex- in fiscal years 2000 and 2001 for the Bor- Control and Prevention. Therefore, I clusively on television and radio, which der Patrol to construct vehicle barriers find it shocking that Atlanta was not most of us wouldn’t hear should a dis- along the U.S.-Mexico border in New considered a high-threat urban area. aster occur in the middle of the night. Mexico. Mr. BAYH. I have been listening with I support the Committee’s efforts to in- The original appropriations are now great interest to my friends from the clude the full range of communications nearly exhausted and this important State of Georgia discuss their concerns technologies in our alert system. Pub- project will have to come to a halt in with the high-threat urban grant pro- lic warnings save lives, and we must the near future if more funding is not gram. I, too, was surprised to hear that ensure that warnings reach every allocated to this effort. I have been in- a city as large as Atlanta did not re- American in times of danger. formed by the New Mexico Border Au- ceive any of these funds. I would ask While terrorism warnings are vitally thority that an additional 76 miles of my distinguished colleague from the important, we must not forget that vehicle barriers need to be constructed State of Georgia if he was aware that more than 95 percent of all public at an estimated cost of approximately Indianapolis, or any other city in the warnings deal with weather hazards $2.4 million. State of Indiana for that matter, did like hurricanes and floods. I am con- I understand that the bill we are now not receive any funds from the high cerned that creating a new public considering includes $90.3 million for density, high-threat urban areas grant warning system to alert Americans in construction for the Bureau of Customs program. the events of a terrorist attack, rather and Border Protection. Is it the expec- Mr. MILLER. I was unaware that In- than building upon an existing warn- tation of the chairman and ranking dianapolis did not receive funds under ings network, like National Oceanic member that the funds in this account this vitally important program. As and Atmospheric Administration, could be used for continuing the con- both Senators realize, it is essential NOAA, weather radio, could further struction of additional barriers? that all our large cities obtain ade- confuse and frustrate the public. Mr. COCHRAN. That is my expecta- quate funding for homeland security. It During consideration of the supple- tion. seems remarkable that two cities with mental earlier this year, the Senate Mr. BYRD. I concur that this funding such a large quantity of critical infra- passed an amendment I introduced to could be used as the Senator from New structure did not receive any funds incorporate terrorism warnings and up- Mexico describes. under the program. dated technologies within National Mr. BINGAMAN. Let me also ask Mr. BAYH. Mr. President, I was dis- Oceanic and Atmospheric Administra- whether it is the opinion of the chair- appointed to learn that not one city in tion, NOAA, weather radio. The House man and ranking member that this my home state received any of the $700 Appropriations Committee Report also project is worthwhile and that the De- million allocated in the fiscal year 2003 includes language about incorporating partment of Homeland Security should Supplemental for high-threat urban terrorism alerts within NOAA weather be encouraged to continue it in fiscal areas. After all, Indianapolis is the 12th radio. I believe very strongly that the year 2004? largest city in the United States and Senate must also be on record sup- Mr. COCHRAN. Let me assure the hosts two of the three largest sporting porting an integrated alert system. Senator from New Mexico that I recog- events in the world each year. Every Such a system must make use of all ex- nize the need for continuation of this year, over one million race fans visit isting communication technologies, in- project in his State, and that the fund- the great State of Indiana to attend cluding traditional telephones, wireless ing provided to the Department of the Indianapolis 500, the Brickyard 400 technology, including cellular tele- Homeland Security by this bill would and the U.S. Grand Prix. I believe it is phones and pagers, and the Internet. be available for this purpose. imperative that Indianapolis receive This can only be achieved if the Chair- Mr. BYRD. I also agree that the De- funds through the high-threat urban man of the Federal Communications partment of Homeland Security should areas grant program to ensure a suffi- Commission, the Secretary of Com- continue the efforts that have been ini- cient level of security is provided to all merce, representatives of State and tiated by the Senator from New Mex- Hoosiers in central Indiana. I thank local govermments, and representa- ico. There are serious needs that ought my distinguished colleagues from tives of the private sector, media, and to be met along the border in his State, Georgia for their attention to this mat- academia are all involved. and it is my belief that the Department ter. Mr. COCHRAN. The Committee sup- should continue to construct vehicle Mr. CHAMBLISS. I thank my distin- ports the creation of a national, all barriers using the funding we have pro- guished colleagues from Georgia and hazards warning network, and will vided in this bill. Indiana for their questions and con- work in conference to achieve this NATIONAL INFRASTRUCTURE SIMULATION AND cerns pertaining to this matter. In re- goal. ANALYSIS CENTER sponse to my colleague from Georgia; Mr. EDWARDS. I thank my distin- Mr. DOMENICI. Mr. President, I en- not only is it true that Atlanta is the guished colleague for the clarification. gage the distinguished Senator from

VerDate Jan 31 2003 04:14 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.027 S23PT1 S9786 CONGRESSIONAL RECORD — SENATE July 23, 2003 Mississippi and chairman of the Home- Protection Directorate for continued Simulation and Analysis Center and to land Security Appropriations Sub- development of NISAC, and that the support partnerships with the DOE na- committee in a discussion about the President’s request for NISAC funding tional laboratories in New Mexico. I National Infrastructure Simulation is approved in this bill. May I inquire concur that the Nation’s critical infra- and Analysis Center—or NISAC—and of the chairman if this is indeed the structure is a potential target for fu- its importance to the overall mission case? ture terrorist attack and that the De- of the Department of Homeland Secu- Mr. COCHRAN. The Senator from partment must move swiftly to assess rity. New Mexico is correct. Although the the nature of those threats and secure I understand the desire of the chair- Department of Homeland Security is our critical infrastructure against such man to give the Department of Home- newly constituted and its budget sub- attack. land Security the maximum flexibility mission is not completely detailed, I Mr. DOMENICI. I thank the distin- to identify potential terrorist threats have confirmed with the Administra- guished Chairman of the Homeland Se- and to appropriately respond to them. tion that the National Infrastructure curity Appropriations Subcommittee However, there are ongoing programs Simulation and Analysis Center, or for his recognition of this important that I believe deserve the Senate’s sup- NISAC, receives $23 million in the component of the Federal homeland se- port and that need to be put in place to budget request for the Information curity effort. assist with this important responsi- Analysis and Infrastructure Protection NATIONAL CENTER FOR DISASTER DECISION bility. Directorate. Those funds are approved MAKING The National Infrastructure Simula- in the Committee-reported bill. Mr. WYDEN. Mr. President, as the tion and Analysis Center was estab- Mr. DOMENICI. I thank the Senator Senate considers the fiscal year 2004 lished in fiscal year 2000 by Depart- for clarification on this point. Homeland Security Appropriations ment of Energy national laboratories Mr. President, NISAC fills a critical bill, I want to bring to the Senate’s at- at Sandia and Los Alamos in New Mex- need in our work to secure the United tention a national program operating ico to model critical infrastructure in States against terrorist attacks. By in my home State of Oregon that prom- the nation to identify vulnerabilities utilizing the modeling and simulation ises to provide important training for to potential terrorist attacks, prepare analysis capabilities at the DOE labs, our Nation’s State and local civilian for such attacks, and to mitigate and NISAC is providing the Department of officials who oversee first responders. respond to such attacks if necessary. Homeland Security with science-based The National Center for Disaster De- Following the terrible events of Sep- information and analysis to understand cision Making, or NCDDM, is a strong tember 11, NISAC was specifically au- the full consequences of disruptions to partnership of public and private enti- thorized in the Patriot Act and re- the Nation’s critical infrastructure. ties seeking to provide leaders with the ceived appropriations of $20 million in NISAC can assess infrastructure skills necessary to combat terrorism. fiscal year 2002 to continue to imple- vulnerabilities, interdependencies, and Although Congress and the adminis- ment the program. complexities to help the department, tration have provided significant funds The Patriot Act established NISAC industry and other government agen- for first responder training, we have ‘‘to serve as a source of national com- cies protect and secure critical infra- not emphasized the importance of pre- petence to address critical infrastruc- structure against terrorist attacks. paring our State and local leaders who ture protection and continuity through NISAC is already at work to help oversee and coordinate first respond- support for activities related to protect the critical infrastructure of ers. When a crisis occurs, the people counter terrorism, threat assessment, our Nation against terrorist attack. who command first responders will be and risk mitigation.’’ The Act defines NISAC has looked at port security with required to make critical decisions the need for this modeling and simula- specific demonstrations in the Pacific that we hope will mitigate loss of life tion to evaluate ‘‘appropriate mecha- Northwest in Seattle and Portland. and property. These leaders need to nisms to ensure the stability of these NISAC has supported the TOPOFF II have comprehensive training and edu- complex and interdependent sys- exercise to help evaluate the impact of cation that best prepares them to re- tems. . . .’’ NISAC is being designed to decisions made during an exercise sim- spond to any crisis or disaster that understand the full consequences of ulating a biological attack. NISAC is may occur in their local communities. disruptions of the nation’s infrastruc- being tasked to model critical indus- I want to confirm that it is the com- ture, including direct consequences, tries and critical links in the nation’s mittee’s intent that entities, such as lives lost, property destruction, con- transportation network. the NCDDM, are eligible for funding tamination, secondary consequences, NISAC has developed an initial suite from the Department of Homeland Se- economic disruptions and national de- of modeling, simulation and analysis curity now, and that under the fiscal fense threats, and cascading con- capabilities that address urban, re- year 2004 Homeland Security Appro- sequences, infrastructure interdepend- gional, and national interdependent in- priations bill, the NCDDM will also be encies and regional interdependencies. frastructures that only the Federal eligible to apply for competitive grant For the current year, fiscal year 2003, Government has the resources to ac- funding for ‘‘emerging’’ training avail- $27.5 million has been approved for complish. This package can be adapted able from the Office for Domestic Pre- NISAC—$20 million in program funding for new issues, new regions, and new paredness. and $7.5 million for a NISAC facility at infrastructures to help secure the Na- Mr. COCHRAN. The senior Senator Kirtland Air Force Base in New Mex- tion against future terrorist events. from Oregon is correct; that is the ico. These funds were provided in the Mr. President, I am excited at the committee’s intent. Consolidated Appropriations Act en- work already performed by NISAC, and Mr. SMITH. I join my distinguished acted this past February. the development that is underway on colleague from Oregon in applauding NISAC has now been transferred to NISAC to help the Department of the NCDDM program. This program the Department of Homeland Security. Homeland Security address potential will prepare civic and business leaders First, I call on the Department of terrorist threats against the Nation’s to face the challenges presented by do- Homeland Security to release the fiscal critical infrastructure. I encourage the mestic emergencies. NCDDM will en- year 2003 funding immediately so the Department to embrace the NISAC pro- hance the decision-making abilities of NISAC program is not delayed. The De- gram and to fully utilize the talents first responder management, health partment is sitting on $15 million in and expertise of Sandia and Los Ala- managers, and appointed and elected program funding and $7.5 million for mos National Laboratories who have officials. the NISAC facility in New Mexico, and developed NISAC. Would the Chairman As our Nation continues to fight ter- Sandia and Los Alamos need these join me in that message to the Depart- rorism, programs like NCDDM will be funds to continue to develop NISAC. ment of Homeland Security? an important component of our home- It is my understanding that the Mr. COCHRAN. I join the senior Sen- land security strategy. I thank my col- President’s fiscal year 2004 budget re- ator from New Mexico in urging the leagues—the chairman of the Home- quest includes $23 million in the Infor- Department of Homeland Security to land Security Appropriations Sub- mation Analysis and Infrastructure utilize the National Infrastructure committee COCHRAN and Ranking

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.039 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9787 Member BYRD for their support of this Mr. GRAHAM of Florida. Yes, for the any threats to our national security. It program and for their clarification of first time, States will be able to share is extremely important that we estab- the committee’s intent in assuring information through this integrated lish a homeland security mission, and that the NCDDM program is eligible database system, providing law en- for the record I would like to make it for funding today and may apply for forcement officers with the informa- known that the committee has noted competitive grant funding under the tion they need to investigate threat- that this bill makes available $60 mil- Office of Domestic Preparedness na- ened acts of terrorism or domestic lion for a competitive training grant tional programs in fiscal year 2004. crimes. The same results would have program and I would encourage Fort Mr. BYRD. I agree with my col- required many hours to accomplish. Gordon to put in for an application for leagues and I encourage the NCDDM to Those hours can now be compressed, these available funds. I thank my dis- apply for the grants under this office. freeing up limited law enforcement re- tinguished colleague from Georgia. As a training center for those who sources to focus on critical priorities, CORRECTIONS TO SENATE REPORT 108–86 oversee our State and local first re- such as responding to terrorist threats. Mr. COCHRAN. Mr. President, I sponders, this program should be in Mr. NELSON of Florida. Senator would like to note for the record the good standing for Office for Domestic BYRD, do you believe that the MATRIX following corrections to Senate Report Preparedness grant programs. system would qualify for continued 108–86 accompanying H.R. 2555 as re- Mr. COCHRAN. I agree with the sen- funding from the Department of Home- ported by the Senate, the Department ior Senator from West Virginia and the land Security? of Homeland Security Appropriations ranking member of the Homeland Se- Mr. BYRD. The committee is aware Act, 2004. curity Appropriations Subcommittee. of the benefits of this program to On page 5, line 3, the dollar amount should THE MULTI-STATE ANTI-TERRORISM States in winning the war against ter- read ‘‘$40,000,000.’’ INFORMATION EXCHANGE PROGRAM rorism. I believe it qualifies for contin- On page 47, the second paragraph, the de- Mr. GRAHAM of Florida. I ask Sen- ued funding from the Department. scription of local government should reflect Mr. GRAHAM of Florida. My col- that the Subcommittee amended the report ator COCHRAN and Senator BYRD are to include ‘‘borough.’’ you aware of the Multi-State Anti-Ter- league from the State of Florida and I PLAYAS PROJECT encourage the Department of Home- rorism Information Exchange Program, Mr. DOMENICI. Mr. President, I wish land Security to identify additional or the MATRIX program, which is a to discuss a very important homeland funds for the MATRIX program, as it is powerful new tool used by our law en- security project being developed in forcement officers to combat terrorism clear the existing information systems New Mexico. and domestic crime? and networks upon which our first re- Responding to our Nation’s need for Mr. COCHRAN. Yes, I am aware of sponders rely need to be upgraded to more sophisticated security, the New the MATRIX program and the promise fight the global war on terror. And I Mexico Institute of Mining and Tech- it has shown in providing State and thank the chairman and ranking mem- nology, NM Tech, and New Mexico local first responders with the informa- ber for their comments. State University, NMSU, are collabo- tion they need in their fight against FORT GORDON, GEORGIA rating to create and operate the Na- terrorism. Mr. CHAMBLISS. Mr. President, I tional Emergency Response Training, Mr. BYRD. Yes, I am also aware of rise today to express my support for a Research, and Development Center. this program and understand that, for Homeland Security mission at Ford This center would be located in Playas, the first time, Florida’s local and State Gordon. Fort Gordon has been recog- NM. law enforcement officials have access nized as possessing a number of home- Playas is a small town in Hidalgo to an integrated law enforcement data- land security resources. County, NM, that was built in the late base that can provide them with the Mr. MILLER. If my colleague from 1970s by the Phelps Dodge Mining Com- needed law enforcement information. Georgia would yield for a question, pany to provide housing for 1,000 work- Mr. NELSON of Florida. We are faced would you expand on any ongoing ers employed at its nearby copper with a changed world following the ter- training missions in disaster prepared- smelting operation. The town includes rorist attacks of September 11, 2001. It ness at Fort Gordon at this time and 259 modern homes and 25 apartment is imperative that our Nation’s first re- how these missions incorporate other units, a community center, restaurant, sponders be given the necessary tools agencies? bank, gas station, post office, fire sta- they need to fight this war. From our Mr. CHAMBLISS. I thank my distin- tion, medical center and airstrip. It Nation’s busiest ports and key border guished colleague from Georgia for his also has recreational facilities includ- crossings, to local law enforcement in question and concern about this mat- ing a bowling alley, fitness center, rural America charged with safe- ter. It is true, that training missions rodeo arena, basketball courts, tennis guarding critical infrastructure, there pertaining to disaster preparedness are courts, and swimming pool. Smelting is a great and growing need for timely currently taking place at Fort Gordon. operations were suspended in 1999 and and accurate information. That capa- I would also like to point out to my currently the town is almost com- bility is now possible with the MA- colleague from Georgia that numerous pletely uninhabited. TRIX system. other local State and Federal agencies NM Tech, a member of the Depart- Mr. GRAHAM of Florida. I can attest including partnerships between the Ei- ment of Homeland Security’s, DHS, Of- to the success the MATRIX program senhower Army Medical Center, the fice for Domestic Preparedness, ODP, has had in our home State of Florida. Medical College of Georgia, and the National Domestic Preparedness Con- Time is critical in preventing acts of Federal Emergency Management Agen- sortium, is currently in the process of terrorism. Our law enforcement offi- cy have all played an active role in this purchasing Playas. If bought using cials in Florida tell me that, with the training. ODP funds and properly developed by advantages of the MATRIX system, Mr. MILLER. If the Senator from New Mexico Tech and then transferred they have seen significant improve- Georgia would yield for another ques- to DHS, Playas could become a critical ments in cases involving kidnapping, tion, it is my understanding that im- national facility for securing our Na- identity theft, drug trafficking and ter- plementing a training mission at Fort tion against future terrorist attacks. rorism, just to name a few. MATRIX Gordon would greatly contribute to the NM Tech and NMSU see it playing two has been a resounding success, with the national security of this country. For critical roles, as an advanced training program set to expand to 12 additional the benefit of our colleagues, would facility where our Nation’s first re- States in the near future, including you expand on that point? sponders can practice real world train- Kentucky, Pennsylvania and Texas. Mr. CHAMBLISS. I thank the Senior ing scenarios and a place where bio- Mr. NELSON of Florida. I would like Senator from Georgia for his question. logical, agricultural and environ- to remind Senators COCHRAN and BYRD Implementing a training mission at mental terrorism can be studied. that the MATRIX program has re- Fort Gordon would provide our country First, the center will provide stand- ceived $10 million in grant funding with the necessary combination of di- ardized emergency operations training from the Department of Homeland Se- verse military and civilian assets to for our Nation’s First Responders. Spe- curity. better prepare us in the future from cifically, it will provide advanced

VerDate Jan 31 2003 04:14 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.040 S23PT1 S9788 CONGRESSIONAL RECORD — SENATE July 23, 2003 training for emergency operations per- rural border crossing facility with test- The consortium, which includes the sonnel, emergency medical personnel, ing and engineering facilities. This New Mexico Institute of Mining and and physicians. This training would would include assessing our Nation’s Technology as one of its training part- focus on teaching advanced skills that agricultural security infrastructure, ners, has the expertise to train our will dramatically increase the tech- preventative activities, training pro- first responders in conventional explo- nical capacity of emergency response grams, and response protocols. sives. organizations to manage incidents in- The Playas purchase would add sig- New Mexico Tech alone has trained volving chemical, biological, radio- nificantly to the DHS infrastructure more than 6,000 first responders at its logical, explosive, and environmental arsenal by providing a working town one-week advanced course, and more agents. Training participants would for real world training scenarios like than 40,000 first responders in its gen- also learn how to increase public con- those carried out at Hogan’s Alley, a eral course. fidence and foster organizational co- mock town used to train agents at the The other consortium training part- operation among local, State, Federal, FBI’s training academy in Quantico, ners—Texas A&M University, Lou- and private sector emergency respond- VA. I believe that this could prove to isiana State University, and the Ne- ers. Relationships fostered by this be a very useful piece of property for vada Test Site—have unique facilities training will help to increase commu- the Department of Homeland Security. and expertise to give our first respond- nications among local, regional and na- There are undoubtedly a number of ers the best training, and coordinated possibilities as to potential uses for tional emergency response organiza- training that is so important during an this land, including an infrastructure tions regarding mutual aid, informa- emergency situation. The consortium protection and training center. We all tion sharing, emergency credentialing, is led by the National Preparedness recognize that real world training for equipment interoperability, security Center at Fort McClellan, AL. first responders and anti-terrorist or- I firmly believe we need to support clearances, and secure communication ganizations within our government will the National Domestic Preparedness systems. be of vital importance to accom- Second, the center will focus on en- Consortium with the funding needed to plishing our mission. Because the en- suring the biological security of our fully utilize its capacity and to train as tire necessary infrastructure is in Nation’s agricultural assets and nat- quickly as possible the additional place, this town could be used for ural resources. Playas will provide a thousands of first responders who need training personnel charged with pro- secure environment where university tecting our homeland. Furthermore, training in a comprehensive and co- researchers can work collaboratively our Nation must be able to handle agri- ordinated fashion. with private sector companies to study cultural and biological outbreaks that The $20 million provided to each of our homeland security challenges and could significantly harm our citizens the four training partners in the con- develop new tools for fighting terrorist and crate chaos in our agricultural sec- sortium is below the $30 million they activities. The center will allow our re- tor. Playas is the perfect location to each received in FY 2001 and FY 2002. It searchers to network with other sci- study and train against these prob- is an artificial level developed with the entists throughout the world to de- lems. delay in enacting the FY 2003 appro- velop and maintain constantly evolv- I suggest that the Department of priations bills that eventually passed ing strategies for dealing with biologi- Homeland Security work with NM as a consolidated bill this past Feb- cal security threats or breaches. Ini- Tech to purchase this town. I am cer- ruary, nearly five full months into the tially, these research efforts will focus tain it could be a great training and re- fiscal year. on food supply security including crops search asset for the new Department. I hope as this bill moves forward that and livestock, pipeline security, and FIRST RESPONDER TRAINING we will recognize this extremely valu- transportation system security. Mr. DOMENICI. Mr. President, I ex- able homeland security asset and will New Mexico Tech will be the lead or- press my concern about the Committee provide significantly more funding for ganization for this project and will pro- recommendation for the National Do- the National Domestic Preparedness vide the administrative, maintenance, mestic Preparedness Consortium, Consortium in the final bill so that we and operations infrastructure needed which is provided $140 million in the can train our first responders without to support this project. New Mexico Senate version of the FY 2004 Depart- delay. Tech will conduct extensive research ment of Homeland Security Appropria- Mr. COCHRAN. Mr. President, after and training programs at this location. tions bill. discussing the plan for further consid- Its research efforts will be coordinated I understand the desire of the Com- eration of this bill, we understand closely with programs currently of- mittee to give the Department of there are a few more amendments that fered on its Socorro campus and will Homeland Security the maximum are going to be offered. We have the ex- include research initiatives regarding flexibility to identify threats and ap- pectation we can complete action to- dirty bomb detection; suicide bomb de- propriately respond to them. However, morrow on this bill after we consider tection; and oil and gas infrastructure there are ongoing programs that I be- the amendments that remain to be of- protection. New Mexico Tech’s training lieve deserve the Committee’s support fered. efforts will focus on providing ad- and that need to be put in place to as- I know of no Senators who plan to vanced skills training for emergency sist with this important responsibility. offer amendments at this time to the personnel and will build on the first re- The National Domestic Preparedness bill. If there are any Senators who sponder training currently offered by Consortium is one of those programs. I want to offer amendments, I am pre- the university. believe the consortium needs about pared to stay as long as Senators want New Mexico State University will double the amount in the current bill to discuss their amendments. I await focus its efforts on conducting research to meet the need to train our first re- the pleasure of the Senate. and developing complementary pro- sponders—our firefighters, police offi- I suggest the absence of a quorum. gramming that will protect our Na- cers, and emergency medical personnel. The PRESIDING OFFICER. The tion’s natural and agricultural re- The National Domestic Preparedness clerk will call the roll. sources from biological security consortium was created with the able The legislative clerk proceeded to breaches. Though significant natural guidance and support of Senator GREGG call the roll. biological security breaches have oc- following the 1998 Oklahoma City Mr. DEWINE. Mr. President, I ask curred in the past decade, current secu- bombing tragedy. Senator GREGG has unanimous consent that the order for rity trends indicate that in the near been the leader in the Senate in recog- the quorum call be rescinded. term even greater risks may be associ- nizing the potential threat of terrorism The PRESIDING OFFICER. Without ated with breaches maliciously per- and providing direction and funding to objection, it is so ordered. petrated by terrorist organizations. prepare the nation to respond to this f NMSU’s research efforts would focus on threat in his position as Chairman of securing our Nation’s agricultural and the Committee, Justice, State, and the MORNING BUSINESS biological environments that would in- Judiciary Appropriations Sub- Mr. DEWINE. Mr. President, I ask clude developing a state-of-the-art committee. unanimous consent that the Senate

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.043 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9789 now proceed to a period of morning the room and came over to say hello. I took uals have participated in the program business. the opportunity to introduce him to Jerry. It since its inception; today the average The PRESIDING OFFICER. Without was quite a meeting of cultures. annual class consists of 40 to 45 fellows. objection, it is so ordered. Besides our devotion to the Senate, I share I would be remiss if I did not mention with Senator Thurmond the distinction of the fact that the Robert Wood Johnson f being from a State that has provided the Health Policy Fellowship program be- JAMES DAVIS Senate Judiciary Committee with three Chairmen over the history of the Committee. came affiliated with APSA in 1974. This Mr. SCHUMER. Mr. President, I wish South Carolina and Vermont each have had prestigious fellowship program, which to say a word about the tragedy in New three Senators who have chaired the Com- is funded by the Robert Wood Johnson York. I knew James Davis quite well. I mittee. Foundation and is administered by the spoke at his inaugural. He doesn’t live I have learned much from the senior Sen- Institute of Medicine, enables very far from me in Brooklyn. I will ator from South Carolina. Let me share with midcareer health care professionals to speak more about him tomorrow. But I you one additional aspect of Senator Thur- experience the intersection of policy mond’s legacy to the Senate as he completes just want to say that he was a wonder- this term and retires from office. In addition and politics first hand. It is an invalu- ful man. He had a smile on his face a to all his longevity records and legislative able interaction from which we all ben- mile wide. He was so happy. After achievements and buildings named for him, efit; my office benefits from the exper- many tries, he was elected to the city there is something else about him I will al- tise these professionals bring to Con- council. His devotion to the people he ways remember. gress, while the fellows return to their represented and to his ideals was sec- When we hold hearings for Federal judges— professions and their communities with ond to none. It was a terrible tragedy. and we have held a number this year—I am a better understanding of the policy We all regret it. always careful to carry on a tradition that process. Senator Thurmond started. Senator Thur- There is a sad face hanging over New mond always reminded nominees for high of- Over the years, I have been pleased to York and America tonight. We pray for fice that it is essential to treat others with host a number of APSA and RWJ fel- James, for his family, for his friends, courtesy and respect. He always reminded lows who have provided unique insights and for everyone in his life who he nominees that the people and lawyers who and capabilities and have helped me in touched. appeared before them, whatever their posi- making important differences in the tion in the case, whether rich or poor, white f lives of Utahns in areas such as health or black, man or woman, whatever their reli- care, tax, economic, and natural re- IN REMEMBRANCE OF STROM gious or political affiliation, they are each source policy. I am grateful to have THURMOND and every one deserving of respect and fair- ness. had the opportunity to share in this Mr. LEAHY. Mr. President, shortly Senator Thurmond was right to remind program, and I commend APSA for ini- before Senator Thurmond retired from judges—and even Senators—of that simple tiating the program 50 years ago. I the Senate, I included a tribute in the rule. It is another contribution he has made hope it will continue for many years to CONGRESSIONAL RECORD on his long ca- to all of us that will continue to serve us come. reer. As the Senate notes his passing so well. Mr. REED. Mr. President, I rise soon after his retirement, I ask unani- Mr. President, as I said earlier, I will miss today to commemorate the 50th anni- mous consent to have printed in the Strom Thurmond. He has been named Presi- versary of the American Political dent-Pro-Tempore Emeritus for good reason. RECORD my earlier remarks from Sep- Science Association, APSA, Congres- tember 24, 2002. f sional Fellowship Program. There being no objection, the mate- The APSA Fellowship Program is a TRIBUTE TO THE AMERICAN highly selective, nonpartisan legisla- rial was ordered to be printed in the POLITICAL SCIENCE ASSOCIATION RECORD, as follows: tive working experience that provides Mr. President, I rise today to pay tribute Mr. HATCH. Mr. President, I rise fellows with ‘‘hands-on’’ experience as to a colleague who has a career of public today to mark the 50th anniversary of legislative assistants on personal or service that may never be matched again in the American Political Science Asso- committee staff. Founded in 1953, the the history of our country. ciation’s congressional fellowship pro- APSA Congressional Fellowship Pro- Strom Thurmond sits on the other side of gram. It is the oldest program on Cap- gram helps to expand the knowledge the aisle in the Senate chamber but I con- itol Hill designed to place professionals and awareness of Congress to profes- sider him a friend with whom I have worked from a variety of backgrounds in Con- sionals from academia, journalism, closely. I will miss him. gress for 1 year. Since its modest be- We often worked together in the field of health care, foreign countries, and gov- antitrust laws. We worked together on the ginning in 1953, APSA’s congressional ernment agencies. It enables fellows to National Cooperative Production Amend- fellowship program has grown into the observe and participate in the inner ments of 1993, the very first high technology established and respected program that workings of Congress and the policy- bill signed by President Clinton, and to im- it is today. making process. In doing so, fellows prove the protections against anticompeti- The intent of the program is to im- gain a greater appreciation for and tive conduct in the Digital Performance merse professionals in the legislative knowledge of the policymaking proc- Rights in Sound Recordings Act. process of the U.S. Congress. These ess. Overall, the APSA Congressional Senator Thurmond has been a legislator. I midcareer professionals are chosen by must admit that when Senator Thurmond Fellowship Program offers an enriching and I have worked together, it has raised way of a careful selection process, go experience for its participants by pro- some eyebrows. Whenever we introduced leg- through a congressional orientation viding a 3-week orientation program, islation together, he and I fondly remarked program, and participate in biweekly allowing fellows to select their own that the bill was either a brilliant piece of education seminars throughout their placements, and conducting ongoing drafting or one of us had not read it. fellowships. These individuals come seminars throughout the fellowship pe- Needless to say, there have been many oc- from academia, journalism, foreign riod. casions when Strom and I sat on opposite countries, the health care field, and I have been fortunate to host four sides of an issue. Even though there were Federal Government. Each year, the APSA fellows. In 2000, Hanna Marter, a issues about which we felt deeply, Senator Thurmond always conducted himself with selected fellows serve on congressional Federal fellow from the Central Intel- the utmost integrity. Strom has always told staffs and acquire ‘‘hands on’’ experi- ligence Agency joined my staff to work the Senate how he felt and did so with the ence while gaining insight into the leg- on health issues. In 2002, Joyce people of South Carolina first and foremost islative process, politics, and public Iutcovitch, an American Sociological in his mind. service. This unique opportunity en- Association fellow, worked in my office Senator Thurmond has always been a gen- hances APSA fellows’ knowledge of, on education issues, and Deborah Wolf, tleman. His warmth and kindness one after- and scholarship on, Congress and pol- a Federal agency fellow from the Food noon in the Senate Dining Room framed icy-making, which can only help im- and Drug Administration, worked on what has to be one of the strangest meetings of all times in that venue. In 1994, I invited prove public understanding of our Gov- health care issues. Currently, Susan Jerry Garcia and the Grateful Dead to join ernment. In turn, our constituents ben- Dimock, an American Sociological As- me for lunch in the dining room. As we sat efit by the expertise the fellows bring sociation fellow, is serving on my staff down for lunch, Senator Thurmond entered to Congress. More than 1,800 individ- working on health care issues. APSA

VerDate Jan 31 2003 04:14 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.132 S23PT1 S9790 CONGRESSIONAL RECORD — SENATE July 23, 2003 fellows have contributed to my office self to success through a simple life tion. Dave truly believed that giving by applying their expertise and analyt- philosophy: ‘‘work hard and be hon- back to his community was of para- ical skills to policy issues, and have est.’’ Dave grew up in a family that was mount importance, and I commend him functioned as full members of my staff. constantly on the move, his father al- for that. Let us recognize the APSA Congres- ways looking for steady work. Getting We shared our interest in finding sional Fellowship Program and its 1,800 a start in the restaurant business at safe, loving, and permanent homes for alumni for their contributions to the the young age of 12, Dave worked hard thousands of at-risk children in this legislative work of Congress and to fur- to help his struggling family while country. I remember Dave to be a kind thering participation in the democratic going to school at the same time. How- and genuine person who remarked that process. ever, school wasn’t easy for Dave his greatest heroes were the children f Thomas. The constant moving landed and parents who had come together as him in 12 schools in 10 years. Dave families. I had the opportunity to work LOCAL LAW ENFORCEMENT ACT with Dave Thomas in the development OF 2003 dropped out of the 10th grade because it interfered with his work. He did, of the Adoption and Safe Families Act. Mr. SMITH. Mr. President, I rise however, eventually earn his GED as As a national advocate for adoption today to speak about the need for hate an adult in 1993, a GED from Coconut rights, he played a key role in helping crime legislation. On May 1, 2003, Sen- Creek High School in Fort Lauderdale, us get the bill passed and signed into ator KENNEDY and I introduced the FL. law. At the bill’s signing ceremony in Local Law Enforcement Act, a bill that In 1953, Dave had a job working for 1997, then-President and First Lady would add new categories to current Phil Clauss at one of his Hobby House Clinton praised Dave’s work and his hate crimes law, sending a signal that restaurants in Fort Wayne, IN, but tireless commitment to children. violence of any kind is unacceptable in Dave’s father decided to move the fam- In January 2002, President Bush our society. ily again. Dave refused to leave his job praised Dave’s adoption work at the I would like to describe a terrible and stayed at a YMCA, without the signing ceremony of the Promoting crime that occurred in Grand Rapids, Safe and Stable Families law, which comforts of home or his loved ones. MI. Justin Bogdanik, 18, was seen June Senator ROCKEFELLER and I introduced Soon after, Thomas served in the Ko- 25, 2003, getting into a white tractor- in the fall of 2001. President Bush was rean war as a cook. When he came trailer cab. The next day, he was found quite right when he said: ‘‘Dave’s vi- back, Phil Clauss promoted him to be unconscious in a ditch at a Livingston sion of America was one in which all an assistant manager of his newest County rest stop, 80 miles to the east. children would be a part of a loving Hobby House restaurant. It was then He had been beaten unconscious, his family, so they could grow into healthy that Dave met COL Harland Sanders, eyes were glued shut, there was adhe- and happy and successful adults. The who had stopped by the restaurant one sive on his genitals, and there were bill I’m [signing] will bring us closer to day to promote his Kentucky Fried signs of sexual torture. Justin was his vision.’’ I couldn’t agree more. Chicken franchise. taken to a hospital, where he survived Indeed, Dave Thomas was a success- Clauss acquired four in Columbus, on life support for almost 2 weeks. He ful businessman who used his good for- but they didn’t fare well, so he re- died on July 8, 2003. Police in Grand tune to help those in need. By helping cruited Thomas to turn them around in Rapids are investigating this brutal at- so many children at risk, he testified exchange for 45 percent ownership. Not tack as a homicide and a hate crime- to his true compassion and dedication surprisingly, Dave succeeded. By 1968, related death. to humanity. As Chesterton once said: Dave sold his interest back to KFC for I believe that government’s first duty ‘‘Great men take up great space even $1 million. The capital that Dave col- is to defend its citizens, to defend them when they are gone.’’ Dave Thomas lected from the Kentucky Fried Chick- against the harms that come out of will continue to take up great space on en restaurants allowed him to open up hate. The Local Law Enforcement En- this Earth—not just in buildings or his own hamburger restaurant in Co- hancement Act is a symbol that can foundations but in lives touched and lumbus—and the rest is history. become substance. I believe that by lives changed. He will continue to live Dave Thomas built his successful res- passing this legislation and changing on through his great work and his deep taurant dynasty upon his sound and current law, we can change hearts and compassion and commitment to bring- strong moral beliefs. However, his cor- minds as well. ing families together. We will remem- porate achievements take a distant ber Dave Thomas always.∑ f second place to his philanthropic con- f ADDITIONAL STATEMENTS tributions—especially to the cause of adopted children. He was given up for COMMENDING MAYOR JAMES adoption as an infant, and his adoptive DOYLE AND THE CITY OF PAW- TRIBUTE TO DAVE THOMAS mother died when he was only 5 years TUCKET ∑ Mr. DEWINE. Mr. President, I rise old. But it was a sense of family—of be- ∑ Mr. REED. Mr. President, I commend today to pay tribute to Dave Thomas— longing to a group of people who cared Mayor James Doyle and the city of a man who was known by many and for him—that got Dave through his Pawtucket, RI for being recognized by loved by all. Dave was a great Amer- early life adversity. Dave Thomas the United States Conference of May- ican, who launched an extremely suc- never forgot the benefits his adopted ors Best Small Business Practices 2003. cessful career by opening his first life gave him. And so later, he com- This public-private partnership be- Wendy’s restaurant in my home State mitted his life to provide the same op- tween the Conference of Mayors and of Ohio in Columbus. He passed away in portunities for others. American Management Services identi- January 2002, at the age of 69. Dave contributed millions of dollars fies outstanding programs and initia- Earlier this year, along with several to hospitals and charitable organiza- tives that successfully promote busi- of our colleagues, Senator LEVIN and I tions. He founded the Dave Thomas ness development. introduced—and the Senate accepted Foundation for Adoption in 1992 and Over the past few years, as Rhode Is- by unanimous consent—a resolution to the profits from his books go directly land has witnessed a decline in manu- honor Dave Thomas. And today, Presi- to the Foundation. Dave also estab- facturing, cities throughout the State dent George W. Bush is awarding Dave lished the Dave and Lorraine Thomas have increasingly been left with unused Thomas the Presidential Medal of Clinical Laboratories at Columbus’ plants and mills. This trend has been Freedom for his lifetime of philan- Children’s Hospital. especially apparent in Pawtucket, a thropy and service to his fellow man. He believed in philanthropy with a city that had been a symbol of manu- While this award is being given to Dave personal touch, whether it be his own facturing and industrial innovation posthumously, his tremendous spirit letter-writing campaign to CEOs of the ever since Samuel Slater successfully continues to be felt in Ohio and across Fortune 1000 companies to ask them to built cotton spinning machines at our Nation. make adoption benefits available to Slater Mill in 1793. For the next 200 Although he faced incredible chal- employees, or meeting with lawmakers years, Pawtucket was home to a thriv- lenges as a child, Dave committed him- to push for important adoption legisla- ing textile industry and machines and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.121 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9791 ironworking shops, but from 1991 to exceptional reviews possible: the em- law, the report of a rule entitled ‘‘Federal 2001, over 3,000 manufacturing jobs ployees. Toyota’s accomplishments are Government Participation in the Automated were lost. largely attributed to its dedicated Clearing House’’ (RIN1510-AA89) received on July 17, 2003; to the Committee on Finance. Drawing on Pawtucket’s rich history workforce. The Georgetown plant em- EC–3372. A communication from the Com- as a home to artists, Mayor Doyle ploys over 7,000 workers to produce missioner, Social Security Administration, reached out to the artist community 500,000 vehicles annually. On a larger transmitting, the Administration’s draft bill and embraced an innovative solution to scale, the company has generated 34,544 to make amendments to the Old-Age, Sur- these emptied mills that once were the jobs in the Commonwealth of Kentucky vivors, and Disability Insurance and Supple- engines of growth for Pawtucket. City and 99,610 jobs across the United mental Security Income programs; to the leaders and Mayor Doyle worked to Committee on Finance. States. EC–3373. A communication from the Chair- create the largest arts and entertain- Based on overall results and cus- man, International Trade Commission, ment district in Rhode Island, and, al- tomer satisfaction, it is evident that transmitting, pursuant to law, the report of though it typically takes a decade or Toyota employees work as a team. I the Office of Inspector General for the period more for cities to see tangible results applaud those workers at the George- October 1, 2002 through March 31, 2003; to the from these districts, Pawtucket is al- town, Kentucky Toyota plant that Committee on Finance. ready enjoying its benefits. Five mill helped make this accomplishment pos- EC–3374. A communication from the Chief, Regulations Branch, Bureau of Customs and properties have been sold to artists for sible. I thank the Senate in allowing Border Protection, transmitting, pursuant to commercial and live-work lofts, and 122 me to congratulate them on this spe- law, the report of a rule entitled ‘‘Civil Fines artists rent eight mill properties, fill- cial recognition.∑ for Importation of Merchandise Bearing a ing 117,000 square feet of previously f Counterfeit Mark’’ (RIN1515-AC98) received empty space. on July 22, 2003; to the Committee on Fi- The burgeoning arts district is also MESSAGE FROM THE HOUSE nance. expected to improve quality of life and EC–3375. A communication from the Chief, Regulations Branch, Bureau of Customs and raise property values. Indeed, accord- ENROLLED BILLS SIGNED Border Protection, transmitting, pursuant to ing to Department of Commerce mod- law, the report of a rule entitled ‘‘User Fees’’ els of economic multipliers, the city of At 3:10 p.m., a message from the (RIN1515-AC81) received on July 22, 2003; to Pawtucket has estimated that two new House of Representatives, delivered by the Committee on Finance. jobs will be generated for every three Ms. Niland, one of its reading clerks, EC–3376. A communication from the Chief, new artists who move into the district. announced that the Speaker has signed Regulations Branch, Bureau of Customs and The United States Conference of the following enrolled bills: Border Protection, transmitting, pursuant to law, the report of a rule entitled ‘‘Refund of Mayors’ recognition of this initiative S. 1280. An act to amend the PROTECT Act Duties on Imports of Certain Wool Products’’ establishes in name what was already to clarify certain volunteer liability. (RIN1515-AD27) received on July 22, 2003; to becoming known about Pawtucket. S. 1399. An act to redesignate the facility the Committee on Finance. Through visionary leadership, the city of the United States Postal Service located EC–3377. A communication from the Chief, is a leader in changing with the times at 101 South Vine Street in Glenwood, Iowa, Regulations Branch, Bureau of Customs and and setting itself up for future success. as the ‘‘William J. Scherle Post Office Build- Border Protection, transmitting, pursuant to Mayor Doyle has always been a ing’’. law, the report of a rule entitled ‘‘Technical H.R. 74. An act to direct the Secretary of Corrections: Rules of Origin of Imported strong advocate for the arts, and his Agriculture to convey certain land in the Goods (Other than Textile and Apparel Prod- determination and belief in this initia- Lake Tahoe Basin Management Unit, Ne- ucts) for the Purposes of the NAFTA’’ (CBP tive is perhaps best encapsulated when vada, to the Secretary of the Interior, in Dec. 03-11) received on July 22, 2003; to the he stated: ‘‘Some say a picture is worth trust for the Washoe Indian Tribe of Nevada Committee on Finance. a thousand words. But here in our city and California. EC–3378. A communication from the Chief, we know that it’s worth a lot more. H.R. 255. An act to authorize the Secretary Regulations Unit, Internal Revenue Service, Combine this picture with pieces of of the Interior to grant an easement to fa- transmitting, pursuant to law, the report of a rule entitled ‘‘Section 6039D Reporting Re- one-of-a-kind artwork sold citywide cilitate access to the Lewis and Clark Inter- pretative Center in Nebraska City, Nebraska. quirements’’ (Notice 2002-24) received on July from local studios and galleries—small H.R. 1577. An act to designate the visitor 17, 2003; to the Committee on Finance. businesses—and you create a powerful center in Organ Pipe Cactus National Monu- EC–3379. A communication from the Chief, economic engine that can totally ment in Arizona as the ‘‘Kris Eggle Visitor Regulations Unit, Internal Revenue Service, transform a City.’’ I agree whole- Center’’, and for other purposes. transmitting, pursuant to law, the report of a rule entitled ‘‘Application of Partial Pay- heartedly with Mayor Doyle, and com- The enrolled bills were signed subse- mend him and the people of Pawtucket ments to Assessed Tax, Penalty, and Inter- quently by the President pro tempore est’’ (Rev. Proc. 2002-26) received on July 17, for their forward thinking and commit- (Mr. STEVENS). 2003; to the Committee on Finance. ment to innovation and the arts.∑ f EC–3380. A communication from the Chief, f Regulations Unit, Internal Revenue Service, ENROLLED BILLS PRESENTED transmitting, pursuant to law, the report of HONORING TOYOTA MOTOR The Secretary of the Senate reported a rule entitled ‘‘Rev. Proc. 2002-27; Deprecia- CORPORATION tion of Tires’’ (RP-105904-00) received on July that on today, July 23, 2003, she had ∑ Mr. BUNNING. Mr. President, I am 17, 2003; to the Committee on Finance. presented to the President of the proud to recognize the Toyota Motor EC–3381. A communication from the Chief, United States the following enrolled Regulations Unit, Internal Revenue Service, Manufacturing Company in George- bills: transmitting, pursuant to law, the report of town, KY on being recognized as a pro- a rule entitled ‘‘Rev. Rul. 2002-19—Medical ducer of quality automobiles by J.D. S. 1280. An act to amend the PROTECT Act to clarify certain volunteer liability. Expense Deduction for Weight-loss Ex- Power & Associates. S. 1399. An act to redesignate the facility penses’’ (Rev. Rul. 2002-19) received on July According to a major quality survey of the United States Postal Service located 17, 2003; to the Committee on Finance. EC–3382. A communication from the Chief, by J.D. Power & Associates, Toyota at 101 South Vine Street in Glenwood, Iowa, Regulations Unit, Internal Revenue Service, cars received the highest rankings in as the ‘‘William J. Scherle Post Office Build- transmitting, pursuant to law, the report of over nine vehicle categories measured ing’’. a rule entitled ‘‘Appeals Settlement Guide- this year, significantly higher than f lines: Petroleum-Capitalization of Delay other leading manufacturers. Reli- Rentals’’ (UIL0263A.01-05) received on July ability weighs heavily on a customer’s EXECUTIVE AND OTHER 17, 2003; to the Committee on Finance. purchase decision, as does initial qual- COMMUNICATIONS EC–3383. A communication from the Chief, ity and technological innovativeness. The following communications were Regulations Unit, Internal Revenue Service, It is clear that Toyota makes every ef- laid before the Senate, together with transmitting, pursuant to law, the report of fort to ensure customer satisfaction accompanying papers, reports, and doc- a rule entitled ‘‘Debt Instruments with Original Issue Discount; Annuity Contracts’’ and dependability with every vehicle uments, and were referred as indicated: (RIN1545-AY60) received on July 17, 2003; to they send down the line. EC–3371. A communication from the Fed- the Committee on Finance. More importantly, I would like to eral Register, Certifying Officer, Department EC–3384. A communication from the Chief, recognize the people who make these of the Treasury, transmitting, pursuant to Regulations Unit, Internal Revenue Service,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.118 S23PT1 S9792 CONGRESSIONAL RECORD — SENATE July 23, 2003 transmitting, pursuant to law, the report of EC–3397. A communication from the Reg- eries; Washington Sport Fisheries; Inseason a rule entitled ‘‘Rev. Proc. 2002-9—Automatic ister Liaison Officer, Office of the Secretary, Action’’ (061903C) received on July 17, 2003; to Consent to Change a Method of Accounting’’ Department of Defense, transmitting, pursu- the Committee on Commerce, Science, and (Rev. Proc. 2002-9) received on July 17, 2003; ant to law, the report of a rule entitled Transportation. to the Committee on Finance. ‘‘TRICARE; Special Food Program for EC–3409. A communication from the Assist- EC–3385. A communication from the Chief, Women, Infants, and Children Overseas’’ ant Administrator for Fisheries, National Regulations Unit, Internal Revenue Service, (RIN0720-AA75) received on July 17, 2003; to Marine Fisheries Service, Department of transmitting, pursuant to law, the report of the Committee on Agriculture, Nutrition, Commerce, transmitting, pursuant to law, a rule entitled ‘‘Ten or More Employee and Forestry. the report of a rule entitled ‘‘Atlantic Highly Plans’’ (TD9079) received on July 17, 2003; to EC–3398. A communication from the Assist- Migratory Species (HMS) Fishing Vessel Per- the Committee on Finance. ant Director, Executive & Political Per- mits; Charter Boat Operations’’ (RIN0648- EC–3386. A communication from the Chief, sonnel, Department of Defense, transmit- AM91) received on July 17, 2003; to the Com- Regulations Unit, Internal Revenue Service, ting, pursuant to law, the report of a va- mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of cancy in the position of Assistant Secretary tation. a rule entitled ‘‘Depreciation of Cable Tele- of Defense (Public Affairs) received on July EC–3410. A communication from the Assist- vision Systems’’ (Rev. Proc. 2003-63) received 22, 2003; to the Committee on Armed Serv- ant Administrator, National Marine Fish- on July 17, 2003; to the Committee on Fi- ices. eries Service, Department of Commerce, nance. EC–3399. A communication from the Under transmitting, pursuant to law, the report of EC–3387. A communication from the Chief, Secretary of Defense, transmitting, the re- a rule entitled ‘‘Atlantic Highly Migratory Regulations Unit, Internal Revenue Service, port of a retirement; to the Committee on Species; Monitoring of Recreational Land- transmitting, pursuant to law, the report of Armed Services. ings; Retention Limit for Recreationally a rule entitled ‘‘Tertiary Injectants & En- EC–3400. A communication from the Under Landed North Atlantic Swordfish’’ (RIN0648- hanced Oil Recovery Credit’’ (Rev. Rul. 2003- Secretary of Defense, Comptroller, Depart- AN06) received on July 17, 2003; to the Com- 82) received on July 17, 2003; to the Com- ment of Defense, transmitting, pursuant to mittee on Commerce, Science, and Transpor- mittee on Finance. law, the report of a violation of the tation. EC–3388. A communication from the Chief, Antideficiency Act, case number 97-11; to the EC–3411. A communication from the Sec- Regulations Unit, Internal Revenue Service, Committee on Armed Services. retary of Commerce, transmitting, a draft transmitting, pursuant to law, the report of EC–3401. A communication from the Under bill entitled ‘‘Department of Commerce 21st a rule entitled ‘‘Special Rules under Section Secretary of Defense, Comptroller, Depart- Century Innovation Act of 2003’’; to the Com- 417(a)(7) for Written Explanation Provided by ment of Defense, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Qualified Retirement Plans After Annuity law, the report of a violation of the tation. EC–3412. A communication from the Chief, Starting Dates’’ (TD9076) received on July 17, Antideficiency Act, case number 02-16; to the Regulations and Administrative Law, Coast 2003; to the Committee on Finance. Committee on Armed Services. Guard, transmitting, pursuant to law, the re- EC–3389. A communication from the Chief, EC–3402. A communication from the Under port of a rule entitled ‘‘Safety/Security Zone Regulations Unit, Internal Revenue Service, Secretary of Defense, Comptroller, Depart- Regulations: Selfridge ANGB Air Show, Har- transmitting, pursuant to law, the report of ment of Defense, transmitting, pursuant to rison Twp, MI’’ (RIN1625-AA00) received on a rule entitled ‘‘REIT Loans Secured by Cer- law, the report of a violation of the July 22, 2003; to the Committee on Com- tain Partnership Interests in Disregarded Antideficiency Act, case number 99-09D; to merce, Science, and Transportation. the Committee on Armed Services. Entities’’ (Rev. Proc. 2003-65) received on EC–3413. A communication from the Chief, EC–3403. A communication from the Ad- July 17, 2003; to the Committee on Finance. Regulations and Administrative Law, Coast ministrator, National Nuclear Security Ad- EC–3390. A communication from the Chief, Guard, transmitting, pursuant to law, the re- ministration, Department of Energy, trans- Regulations Unit, Internal Revenue Service, port of a rule entitled ‘‘Safety/Security Zone mitting, pursuant to law, a report relative to transmitting, pursuant to law, the report of Regulations: Chesapeake Bay, Maryland and sales of high performance computers capable a rule entitled ‘‘Weighted Average Interest Tributaries’’ (RIN1625-AA00) received on of operating at a speed in excess of a speci- Rate Update Notice’’ (Notice 2002-28) re- July 22, 2003; to the Committee on Com- ceived on July 17, 2003; to the Committee on fied number of millions of theoretical oper- merce, Science, and Transportation. Finance. ations per second; to the Committee on EC–3414. A communication from the Chief, EC–3391. A communication from the Chief, Armed Services. Regulations and Administrative Law, Coast Regulations Unit, Internal Revenue Service, EC–3404. A communication from the Assist- Guard, transmitting, pursuant to law, the re- transmitting, pursuant to law, the report of ant General Counsel for Regulations, Office port of a rule entitled ‘‘Drawbridge Regula- a rule entitled ‘‘Section 1.856-4; Rents from of Public and Indian Housing, Department of tions; Including 2 Regulations [CGD08-03- Real Property’’ (Rev. Proc. 2003-66) received Housing and Urban Development, transmit- 007],[CGD01-03-002]’’ (RIN1625-AA09) received on July 17, 2003; to the Committee on Fi- ting, pursuant to law, the report of a rule en- on July 22, 2003; to the Committee on Com- nance. titled ‘‘Deregulation for Small Public Hous- merce, Science, and Transportation. EC–3392. A communication from the Chief, ing Agencies’’ (RIN2577-AC34) received on EC–3415. A communication from the Chief, Regulations Unit, Internal Revenue Service, July 17, 2003; to the Committee on Banking, Regulations and Administrative Law, Coast transmitting, pursuant to law, the report of Housing, and Urban Affairs. Guard, transmitting, pursuant to law, the re- a rule entitled ‘‘Accrual of California Fran- EC–3405. A communication from the Assist- port of a rule entitled ‘‘Drawbridge Regula- chise’’ (Rev. Rule 2003-90) received on July ant General Counsel for Regulations, Office tions; Long Island, New York Inland Water- 17, 2003; to the Committee on Finance. of Public and Indian Housing, Department of way from East Rockaway Inlet to EC–3393. A communication from the Chief, Housing and Urban Development, transmit- Shinnecock Canal, NY’’ (RIN1625-AA09) re- Regulations Unit, Internal Revenue Service, ting, pursuant to law, the report of a rule en- ceived on July 22, 2003; to the Committee on transmitting, pursuant to law, the report of titled ‘‘Minimum Funding Under the Indian Commerce, Science, and Transportation. a rule entitled ‘‘Qualified Subchapter S Housing Block Grant Program’’ (RIN2577- EC–3416. A communication from the Chief, Trust Election for Testamentary Trusts’’ AC43) received on July 17, 2003; to the Com- Regulations and Administrative Law, Coast (RIN1545-AY76) received on July 17, 2003; to mittee on Banking, Housing, and Urban Af- Guard, transmitting, pursuant to law, the re- the Committee on Finance. fairs. port of a rule entitled ‘‘Territorial Seas, EC–3394. A communication from the Chief, EC–3406. A communication from the Under Navigable Waters, and Jurisdiction’’ Regulations Unit, Internal Revenue Service, Secretary for Domestic Finance, Department (RIN1625-AA30) received on July 22, 2003; to transmitting, pursuant to law, the report of of the Treasury, transmitting, pursuant to the Committee on Commerce, Science, and a rule entitled ‘‘Reduction of Tax Attributes law, the annual report on the Resolution Transportation. Due to Discharge of Indebtedness’’ (RIN1545- Funding Corporation for the calendar year EC–3417. A communication from the Dep- BC47) received on July 17, 2003; to the Com- 2002; to the Committee on Banking, Housing, uty Associate Administrator, Environmental mittee on Finance. and Urban Affairs. Protection Agency, transmitting, copies of EC–3395. A communication from the Chief, EC–3407. A communication from the Ad- the Agency’s ‘‘Natural Resource Year in Re- Regulations Unit, Internal Revenue Service, ministrator, Food Safety and Inspection view-2002’’ and the Arsenic Treatment Tech- transmitting, pursuant to law, the report of Service, Department of Agriculture, trans- nology Evaluation Handbook for Small Sys- a rule entitled ‘‘Net Gift Treatment under mitting, pursuant to law, the report of regu- tems; to the Committee on Energy and Nat- Section 2519’’ (TD9077) received on July 17, latory action entitled ‘‘Control of Listeria ural Resources. 2003; to the Committee on Finance. Monocytogenes in Ready-to-Eat Meat and EC–3418. A communication from the Dep- EC–3396. A communication from the Dep- Poultry Products’’; to the Committee on Ag- uty Associate Administrator, Environmental uty Associate Administrator, Environmental riculture, Nutrition, and Forestry. Protection Agency, transmitting, pursuant Protection Agency, transmitting, pursuant EC–3408. A communication from the Acting to law, the report of a rule entitled ‘‘Ap- to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- proval and Promulgation of Implementation ‘‘Thiophanate Methy: Pesticide Tolerance tional Marine Fisheries Service, transmit- Plans Florida: Jacksonville Area Mainte- for Emergency Exemptions’’ (FRL7317-5) re- ting, pursuant to law, the report of a rule en- nance Plan Update’’ (FRL#7534–2) received ceived on July 22, 2003; to the Committee on titled ‘‘Fisheries Off West Coast States and on July 22, 2003; to the Committee on Envi- Agriculture, Nutrition, and Forestry. in the Western Pacific; Pacific Halibut Fish- ronment and Public Works.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.047 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9793 EC–3419. A communication from the Assist- Annual Report for the fiscal year 2002; to the By Mr. HATCH for the Committee on the ant Legal Adviser for Treaty Affairs, Depart- Committee on Governmental Affairs. Judiciary. ment of State, transmitting, pursuant to EC–3431. A communication from the Acting William H. Pryor, Jr., of Alabama, to be law, the report of the texts and background Chairman, Merit Systems Protection Board, United States Circuit Judge for the Eleventh statements of international agreements, transmitting, pursuant to law, the Board’s Circuit. other than treaties; to the Committee on report entitled ‘‘Assessing Federal Job-Seek- *Nomination was reported with rec- Foreign Relations. ers in a Delegated Examining Environment’’; ommendation that it be confirmed sub- EC–3420. A communication from the Assist- to the Committee on Governmental Affairs. ant Legal Adviser for Treaty Affairs, Depart- EC–3432. A communication from the Direc- ject to the nominee’s commitment to ment of State, transmitting, pursuant to tor, Corporate Policy Research Department, respond to requests to appear and tes- law, the report of the texts and background Pension Benefit Guaranty Corporation, tify before any duly constituted com- statements of international agreements, transmitting, pursuant to law, the report of mittee of the Senate. other than treaties; to the Committee on a rule entitled ‘‘Benefits Payable in Termi- (Nominations without an asterisk Foreign Relations. nated Single-Employer Plans; Allocation of were reported with the recommenda- EC–3421. A communication from the Assist- Assets in Single-Employer Plans; Interest tion that they be confirmed.) ant Secretary, Legislative Affairs, transmit- Assumptions for Valuing and Paying Bene- ting, pursuant to the Arms Export Control fits’’ received on July 17, 2003; to the Com- f Act, the certification of a proposed license mittee on Health, Education, Labor, and for the export of defense articles or defense Pensions. INTRODUCTION OF BILLS AND services sold commercially under a contract EC–3433. A communication from the Sec- JOINT RESOLUTIONS in the amount of $100,000,000 or more to retary of Health and Human Services, trans- The following bills and joint resolu- Japan; to the Committee on Foreign Rela- mitting, pursuant to law, the Prescription tions were introduced, read the first tions. Drug User Fee Act Financial Report for the and second times by unanimous con- EC–3422. A communication from the Assist- fiscal year 2002; to the Committee on Health, ant Secretary, Legislative Affairs, transmit- Education, Labor, and Pensions. sent, and referred as indicated: ting, pursuant to the Arms Export Control EC–3434. A communication from the Direc- By Mr. GRAHAM of South Carolina Act, the certification of a proposed license tor, Regulations Policy and Management (for himself, Mr. SCHUMER, Mr. for the export of defense articles in the Staff, Department of Health and Human CORNYN, and Mr. HATCH): amount of $25,000,000 or more to Kourou, Services, transmitting, pursuant to law, the S. 1445. A bill to provide criminal penalties French Guiana and Pacific Ocean/Inter- report of a rule entitled ‘‘Antidiarrheal Drug for false personation of a military officer for national Waters; to the Committee on For- Products for Over-the-Counter Human Use’’ purposes of harassing military families and eign Relations. (RIN0910-AA01) received on July 17, 2003; to to clarify the false personation statute with EC–3423. A communication from the Assist- the Committee on Health, Education, Labor, respect to officers and employees of the ant Secretary, Legislative Affairs, transmit- and Pensions. United States; to the Committee on the Ju- ting, pursuant to the Arms Export Control EC–3435. A communication from the Dep- diciary. Act, the certification of a proposed license uty Assistant Administrator, Office of Diver- By Mr. MILLER (for himself and Mr. for the export of defense articles or defense sion Control, Drug Enforcement Agency, CHAMBLISS): services sold commercially under a contract transmitting, pursuant to law, the report of S. 1446. A bill to designate the United in the amount of $50,000,000 or more to a rule entitled ‘‘Control of Red Phosphorous, States Courthouse located at 125 Bull Street, Egypt; to the Committee on Foreign Rela- White Phosphorous, and Hypophosphorous Savannah, Georgia, and associated struc- tions. Acid (and its salts) as List I Chemicals; Ex- tures, as the Tomochichi Federal Judicial EC–3424. A communication from the Assist- clusions and Waivers’’ (RIN1177-AA57) re- Center; to the Committee on Environment ant Secretary, Legislative Affairs, transmit- ceived on July 17, 2003; to the Committee on and Public Works. ting, pursuant to the Arms Export Control the Judiciary. By Mr. BINGAMAN (for himself, Mr. Act, the certification of a proposed license EC–3436. A communication from the Dep- MCCAIN, Mrs. FEINSTEIN, and Mr. for the export of defense articles or defense uty Assistant Administrator, Office of Diver- CORNYN): services sold commercially under a contract sion Control, Drug Enforcement Administra- S. 1447. A bill to establish grant programs in the amount of $50,000,000 or more to Jor- tion, transmitting, pursuant to law, the re- to improve the health of border area resi- dan; to the Committee on Foreign Relations. port of a rule entitled ‘‘Allowing Central Fill dents and for bioterrorism preparedness in EC–3425. A communication from the Assist- Pharmacies and Retail Pharmacies to Fill the border area, and for other purposes; to ant Secretary, Legislative Affairs, transmit- Prescriptions for Controlled Substances on the Committee on Health, Education, Labor, ting, pursuant to the Arms Export Control Behalf of Retail Pharmacies’’ (RIN1117-AA58) and Pensions. Act, the certification of a proposed license received on July 17, 2003; to the Committee By Ms. MURKOWSKI: for the export of defense articles or defense on the Judiciary. S. 1448. A bill to provide for the services sold commercially in the amount of EC–3437. A communication from the Public constrution of the Yupik Alaskan/Central $50,000,000 or more to Malaysia; to the Com- Printer, U.S. Government Printing Office, Kuskokwim Energy Project, and for other mittee on Foreign Relations. transmitting, pursuant to law, the Office’s purposes; to the Committee on Energy and EC–3426. A communication from the Assist- Annual Report for fiscal year 2002; to the Natural Resources. ant Secretary, Legislative Affairs, Depart- Committee on Rules and Administration. By Mr. CRAPO (for himself and Mrs. ment of State, transmitting, pursuant to EC–3438. A communication from the Sec- LINCOLN): law, the report of a rule entitled ‘‘Schedule retary of Veterans Affairs, transmitting, a S. 1449. A bill to improve the capacity of of Fees for Consular Services, Department of draft of proposed legislation relative to sim- the Secretary of Agriculture and the Sec- State and Overseas Embassies and Con- plifying and improving pay provisions for retary of the Interior to prepare and conduct sulates’’ (22 CFR Part 22) received on July 17, physicians and to authorize alternate work hazardous fuels reduction projects on Na- 2003; to the Committee on Foreign Relations. tional Forest System land and Bureau of EC–3427. A communication from the Chair- schedules and executive pay for nurses; to the Committee on Veterans’ Affairs. Land Management land that are aimed at man, Farm Credit System Insurance Cor- protecting communities, watersheds, and poration, transmitting, pursuant to law, the f certain other at-risk land from catastrophic Corporation’s Annual Report for Calendar wildfire, to enhance efforts to protect water- Year 2002; to the Committee on Govern- EXECUTIVE REPORTS OF COMMITTEES sheds and address threats to forest and mental Affairs. rangeland health on public and private land, EC–3428. A communication from the Attor- The following executive reports of including catastrophic wildfire, to increase ney General, transmitting, pursuant to law, research on forest health and forest-dam- the report of the Office of Inspector General committees were submitted: aging agents, and for other purposes; to the for the period October 1, 2002 through March By Mr. GREGG for the Committee on Committee on Agriculture, Nutrition, and 31, 2003; to the Committee on Governmental Health, Education, Labor, and Pensions. Forestry. Affairs. *Eric S. Dreiband, of Virginia, to be Gen- EC–3429. A communication from the Direc- eral Counsel of the Equal Employment Op- f tor, Office of Government Ethics, transmit- portunity Commission for a term of four ting, a proposal relative to amending the years. SUBMISSION OF CONCURRENT AND Ethics in Government Act of 1978 (5 U.S.C. Stephen D. Krasner, of California, to be a SENATE RESOLUTIONS App.) to modernize the financial disclosure Member of the Board of Directors of the The following concurrent resolutions process for Federal personnel, and for other United States Institute of Peace for a term purposes; to the Committee on Govern- expiring January 19, 2005. and Senate resolutions were read, and mental Affairs. Charles Edward Horner, of the District of referred (or acted upon), as indicated: EC–3430. A communication from the Public Columbia, to be a Member of the Board of Di- By Mr. DEWINE: Printer, U.S. Government Printing Office, rectors of the United States Institute of S. Res. 199. A resolution commending John transmitting, pursuant to law, the Office’s Peace for a term expiring January 19, 2007. E. Dolibois for dedication to his country,

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.049 S23PT1 S9794 CONGRESSIONAL RECORD — SENATE July 23, 2003 contributions to global education, and more (Mrs. BOXER) was added as a cosponsor Jersey (Mr. CORZINE), the Senator from than a half century of service to humanity; of S. 640, a bill to amend subchapter III Massachusetts (Mr. KERRY) and the to the Committee on the Judiciary. of chapter 83 and chapter 84 of title 5, Senator from Michigan (Mr. LEVIN) f United States Code, to include Federal were added as cosponsors of S. 1142, a ADDITIONAL COSPONSORS prosecutors within the definition of a bill to provide disadvantaged children law enforcement officer, and for other with access to dental services. S. 13 purposes. S. 1289 At the request of Mr. KYL, the name At the request of Mr. GRAHAM of of the Senator from Nevada (Mr. EN- S. 736 Florida, the name of the Senator from SIGN) was added as a cosponsor of S. 13, At the request of Mr. ENSIGN, the Nebraska (Mr. NELSON) was added as a a bill to provide financial security to name of the Senator from Michigan (Ms. STABENOW) was added as a cospon- cosponsor of S. 1289, a bill to name the family farm and small business owners Department of Veterans Affairs Med- by ending the unfair practice of taxing sor of S. 736, a bill to amend the Ani- mal Welfare Act to strengthen enforce- ical Center in Minneapolis, Minnesota, someone at death. after Paul Wellstone. S. 215 ment of provisions relating to animal S. 1303 At the request of Mrs. FEINSTEIN, the fighting, and for other purposes. At the request of Mr. BROWNBACK, the S. 835 name of the Senator from New Jersey name of the Senator from Illinois (Mr. (Mr. LAUTENBERG) was added as a co- At the request of Ms. LANDRIEU, the DURBIN) was added as a cosponsor of S. name of the Senator from New Jersey sponsor of S. 215, a bill to authorize 1303, a bill to amend title XVIII of the funding assistance for the States for (Mr. LAUTENBERG) was added as a co- Social Security Act and otherwise re- the discharge of homeland security ac- sponsor of S. 835, a bill to amend the vise the Medicare Program to reform tivities by the National Guard. Higher Education Act of 1965 to provide the method of paying for covered S. 253 student loan borrowers with a choice of drugs, drug administration services, At the request of Mr. CAMPBELL, the lender for loan consolidation, to pro- and chemotherapy support services. name of the Senator from Indiana (Mr. vide notice regarding loan consolida- S. 1314 LUGAR) was added as a cosponsor of S. tion, and for other purposes. At the request of Mr. JOHNSON, his 253, a bill to amend title 18, United S. 894 name was added as a cosponsor of S. States Code, to exempt qualified cur- At the request of Mr. WARNER, the 1314, a bill to expedite procedures for rent and former law enforcement offi- names of the Senator from Colorado hazardous fuels reduction activities on cers from State laws prohibiting the (Mr. CAMPBELL) and the Senator from National Forest System lands estab- carrying of concealed handguns. Delaware (Mr. BIDEN) were added as co- lished from the public domain and S. 333 sponsors of S. 894, a bill to require the other public lands administered by the At the request of Mr. BREAUX, the Secretary of the Treasury to mint Bureau of Land Management, to im- name of the Senator from Arkansas coins in commemoration of the 230th prove the health of National Forest (Mr. PRYOR) was added as a cosponsor Anniversary of the United States Ma- System lands established from the pub- of S. 333, a bill to promote elder jus- rine Corps, and to support construction lic domain and other public lands ad- tice, and for other purposes. of the Marine Corps Heritage Center. ministered by the Bureau of Land Man- S. 442 S. 902 agement, and for other purposes. At the request of Ms. LANDRIEU, the At the request of Ms. LANDRIEU, the S. 1379 name of the Senator from New Jersey name of the Senator from Louisiana At the request of Mr. JOHNSON, the (Mr. LAUTENBERG) was added as a co- (Mr. BREAUX) was added as a cosponsor name of the Senator from Nebraska sponsor of S. 442, a bill to provide pay of S. 902, a bill to declare, under the au- (Mr. NELSON) was added as a cosponsor protection for members of the Reserve thority of Congress under Article I, of S. 1379, a bill to require the Sec- and the National Guard, and for other section 8, of the Constitution to ‘‘pro- retary of the Treasury to mint coins in purposes. vide and maintain a Navy’’, a national commemoration of veterans who be- S. 451 policy for the naval force structure re- came disabled for life while serving in At the request of Ms. SNOWE, the quired in order to ‘‘provide for the the Armed Forces of the United States. name of the Senator from Wyoming common defense’’ of the United States S. 1414 (Mr. THOMAS) was added as a cosponsor throughout the 21st century. At the request of Mr. HATCH, the of S. 451, a bill to amend title 10, S. 950 name of the Senator from Oklahoma United States Code, to increase the At the request of Mr. ENZI, the name (Mr. INHOFE) was added as a cosponsor minimum Survivor Benefit Plan basic of the Senator from Hawaii (Mr. of S. 1414, a bill to restore second annuity for surviving spouses age 62 AKAKA) was added as a cosponsor of S. amendment rights in the District of and older, to provide for a one-year 950, a bill to allow travel between the Columbia. open season under that plan, and for United States and Cuba. S. 1419 other purposes. At the request of Ms. LANDRIEU, the S. 1037 S. 478 name of the Senator from Arkansas At the request of Ms. SNOWE, the At the request of Mr. SARBANES, the (Mrs. LINCOLN) was added as a cospon- name of the Senator from Florida (Mr. names of the Senator from Delaware sor of S. 1419, a bill to support the es- NELSON) was added as a cosponsor of S. (Mr. BIDEN) and the Senator from New tablishment or expansion and oper- 1037, a bill to amend title XVIII of the York (Mr. SCHUMER) were added as co- ation of programs using a network of sponsors of S. 478, a bill to grant a Fed- Social Security Act to provide for cov- public and private community entities eral charter Korean War Veterans As- erage under the medicare program of to provide mentoring for children in sociation, Incorporated, and for other all oral anticancer drugs. foster care. S. 1092 purposes. S. CON. RES. 40 S. 609 At the request of Mr. CAMPBELL, the At the request of Mrs. CLINTON, the At the request of Mr. LEAHY, the name of the Senator from Nebraska names of the Senator from Mississippi name of the Senator from Massachu- (Mr. NELSON) was added as a cosponsor (Mr. LOTT), the Senator from Alaska setts (Mr. KERRY) was added as a co- of S. 1092, a bill to authorize the estab- (Mr. STEVENS), the Senator from Vir- sponsor of S. 609, a bill to amend the lishment of a national database for ginia (Mr. WARNER) and the Senator Homeland Security Act of 2002 (Public purposes of identifying, locating, and from Texas (Mr. CORNYN) were added as Law 107-296) to provide for the protec- cataloging the many memorials and cosponsors of S. Con. Res. 40, a concur- tion of voluntarily furnished confiden- permanent tributes to America’s vet- rent resolution designating August 7, tial information, and for other pur- erans. 2003, as ‘‘National Purple Heart Rec- poses. S. 1142 ognition Day’’. S. 640 At the request of Mr. BINGAMAN, the S. RES. 167 At the request of Mr. LEAHY, the names of the Senator from Nebraska At the request of Mr. CAMPBELL, the name of the Senator from California (Mr. NELSON), the Senator from New names of the Senator from Illinois (Mr.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.052 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9795 DURBIN) and the Senator from Nevada military families received cruel hoaxes legislation as the area of land 100 kilo- (Mr. REID) were added as cosponsors of concerning their deployed family mem- meters, or 62.5 miles, north and south S. Res. 167, a resolution recognizing the bers in Iraq. On three separate occa- of the international boundary. It 100th anniversary of the founding of sions that I am aware of, families of stretches 2,000 miles from California, the Harley-Davidson Motor Company, service men and women here in the through Arizona and New Mexico to which has been a significant part of the United States received telephone calls the southern tip of Texas and is esti- social, economic, and cultural heritage from sick pranksters telling them that mated to have a population of 12 mil- of the United States and many other their family members serving in Iraq lion residents. nations and a leading force for product had either been killed in battle or The border region comprises two sov- and manufacturing innovation taken prisoner of war. ereign nations, 25 Native American throughout the 20th century. You can imagine the devastation and tribes, and four States in the United AMENDMENT NO. 1318 agony of the families who received States and six States in Mexico. Why should we provide some focus to At the request of Mr. REID, the name these malicious telephone calls. These this geographic region? The situation of the Senator from Florida (Mr. NEL- families were forced into a desperate along the border is among the most SON) was added as a cosponsor of scramble to learn information about amendment No. 1318 proposed to H.R. the fate of their loved ones. These dire in the country. In the past, we 2555, a bill making appropriations for hoaxes require the military to dedicate have recognized problems with other regions, through the Denali, Delta, and the Department of Homeland Security resources to provide information to Appalachian commissions, and have for the fiscal year ending September 30, military family members. provided targeted funding to those 2004, and for other purposes. Let me talk briefly about one spe- areas. The U.S.-Mexico Border Health f cific hoax and the potentially dev- astating consequences that can flow Commission, legislation I sponsored STATEMENTS ON INTRODUCED from it. A family in Arizona received a with Senators MCCAIN, SIMON and BILLS AND JOINT RESOLUTIONS telephone call that a family member HUTCHISON, was created for the same By Mr. GRAHAM of South Caro- had been killed in Iraq. After con- reasons and annually receives about $4 million in funding that is matched by lina (for himself, Mr. SCHUMER, tacting the military, the family was $1 million from the Mexican govern- Mr. CORNYN, and Mr. HATCH): told that only the military notifies S. 1445. A bill to provide criminal families in these instances, and that ment for administrative purposes to penalties for false personation of a they do so in person, not over the tele- improve international cooperation and agreements to tackle health problems military officer for purposes of phone. The military told the family in the region. However, we need to take harassing military families and to clar- that they had no information that the next step and provide resources to ify the false personation statute with their family member, the soldier, was respect to officers and employees of the address the problems. killed and that they would try to learn In the border region, three of the ten United States; to the Committee on more. poorest counties in the United States the Judiciary. The military discovered that this Mr. HATCH. Mr. President, I rise are located in the border area, 21 of the telephone call was a cruel hoax and ar- counties have been designated as eco- today to speak to an important meas- ranged for the soldier to call home nomically distressed, approximately ure that Senators GRAHAM, SCHUMER, from a satellite telephone to reassure 430,000 people live in 1,200 colonias in CORNYN, and I have introduced entitled his family. Unfortunately, the soldier Texas and New Mexico, which are unin- The Military Family Hoax Prevention later wrote to his family and told them corporated communities that are char- Act. As our country concludes major that another soldier who was trans- acterized by substandard housing, un- combat activities in Operation Iraqi porting a satellite telephone to him so safe public drinking water, and waste- Freedom, we all stand tall with pride that he could call home had been killed water systems, very high unemploy- over the dedication, courage, and valor while trying to deliver the telephone. ment, and the lower per capita income displayed by the men and women of our This type of action cannot go as a region in the Nation. Armed Forces. unpunished. The current false imper- The result is a health system that We all are grateful to the men and sonation statute does not punish some- confronts tremendous health problems women of the U.S. military who self- one who falsely impersonates a mili- with little or no resources. Although it lessly serve our country. They have an- tary employee engaging in this type of is difficult to access the health needs swered the call of our Commander in conduct. This legislation the Military along the border since data is more Chief to go abroad and defend the free- Family Hoax Prevention Act, would often collected on a statewide basis, we doms and values we cherish here at remedy this loophole in the current do know that diabetes, cancer, infec- home. While carrying out their mis- law. It would prohibit those who derive tious disease such as tuberculosis, and sion, they have acted admirably during some perverted pleasure terrorizing health disease rates are far greater the liberation of an enslaved nation, family members who intensely wait for than the national average but the resi- and continue to serve our country hon- word from abroad from their military dents in the area have the highest un- orably. These men and women deserve family members. insured rates in the country. our profound gratitude. In fact, the States of Texas, New As we watch the soldiers returning By Mr. BINGAMAN (for himself, Mexico, and California rank as the home from deployment, some from ex- Mr. MCCAIN, Mrs. FEINSTEIN, States with the three worst uninsured tended tours of duty, I am reminded of and Mr. CORNYN): rates in the country to begin with. Ari- the personal sacrifice these men and S. 1447. A bill to establish grant pro- zona is not much better and ranks 46th women make while they are gone. grams to improve the health of border in the Nation, just ahead of Louisiana These men and women leave behind area residents and for bioterrorism pre- and Oklahoma. The uninsured rates of family and friends who undoubtedly paredness in the border area, and for these States are: 23.5 percent in Texas, worry constantly about their loved other purposes; to the Committee on 20.7 percent in New Mexico, 19.5 percent ones on deployment. In many in- Health, Education, Labor, and Pen- in California, and 18.3 percent in Ari- stances, family members are not able sions. zona. to know of the day-to-day safety of Mr. BINGAMAN. Mr. President, However, the figures along the border their loved ones during deployment. today I am introducing a bill with Sen- are even worse, as the rates of unin- This feeling of helplessness was aptly ators MCCAIN, FEINSTEIN, and CORNYN sured are higher still than that in the described by the brother of Jessica entitled the Border Health Security four States overall. Uninsured rates in Lynch upon her return to West Vir- Act of 2003. This bill addresses the tre- many border counties are estimated to ginia when he discussed her family’s mendous health problems confronting be above 30 percent and as high as 50 desire to learn any bit of information our Nation’s southwestern border. percent in certain communities. following her capture. The United States-Mexico border re- As the U.S.-Mexico Border Commis- It has come to my attention that gion is defined in the U.S.-Mexico Bor- sion notes, ‘‘The border is character- during Operation Iraqi Freedom some der Health Commission authorizing ized by weaknesses in the border health

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.054 S23PT1 S9796 CONGRESSIONAL RECORD — SENATE July 23, 2003 systems and infrastructure, lack of On October 15, 2001, just one month WORKSHOP public financial resources, poor dis- after the September 11, 2001, attack on Today will be the final session of the U.S.- tribution of physicians and other our Nation, Secretary Thompson spoke Mexico Binational Tuberculosis Workshop at health professionals and hospitals. to the U.S.-Mexico Border Health Com- the Hilton Camino Real. Moreover, the low rates of health in- Among today’s discussions will be a bina- mission and urged them to put to- tional information system, as well as talks surance coverage and low incomes puts gether an application for $25 million on consensus building. access to health services out of reach for bioterrorism and preparedness. The for many border residents and thus Commission has done so but has not [From the Los Angeles Times, Oct. 17, 2001] keeps the border communities at risk.’’ seen targeted funding despite the vul- U.S., MEXICO TEAM UPONHEALTH CARE The U.S.-Mexico Border Commission nerability that border communities (By James F. Smith) has identified and approved of an agen- have with respect to a bioterrorism at- The United States and Mexico took some da through its ‘‘Health Border 2010’’ tack. Our legislation addresses the vul- imaginative steps this week to combat initiative, which seeks to, among other nerability of communities along the health problems that plague border commu- things: reduce by 25 percent the popu- border and targets funding to those nities and migrant workers, including tuber- lation lacking access to a primary pro- communities specifically to improve culosis, diabetes and AIDS. vider; reduce the female breast cancer Meeting in El Paso and neighboring Ciudad infrastructure, training, and prepared- Juarez, Mexico, health experts from the two death rate by 20 percent; reduce the ness. cervical cancer death rate by 30 per- nations agreed on a 10-year agenda for im- I ask unanimous consent to include proving care for the 11.5 million people living cent; reduce deaths due to diabetes by articles from the El Paso Times and along the nearly 2,000-mile border. 10 percent; reduce hospitalizations due Mexico also launched a program that to diabetes by 25 percent; reduce the the Los Angeles Times from October 2001 with respect to those meetings and promises a new approach to treating mi- incidence of HIV cases by 50 percent; grants’ health problems. Formally unveiled reduce the incidence of tuberculosis hope the Secretary will be an advocate in Ciudad Juarez on Sunday, the ‘‘Go cases by 50 percent; reduce the inci- with us in the passage of this legisla- Healthy, Return Healthy’’ initiative seeks to dence of hepatitis A and B cases by 50 tion. help Mexico migrants in their hometowns, percent; reduce the infant mortality There being no objection, the articles along the routes they travel and during their were ordered to be printed in the stays in the United States. rate by 15 percent; and increase initi- Elsewhere, California and Mexico kicked RECORD, as follows: ation of prenatal care in the first tri- off the program by staging their first joint mester by 85 percent. [From the El Paso Times, Oct. 16, 2001] ‘‘health week.’’ California is conducting a However, the U.S.-Mexico Border HEALTH SECRETARY TO FIGHT FOR BORDER flurry of activities through Friday for mi- Commission lacks the resources that FUNDS grants in the state, including vaccinations, are needed to address those important (By Tammy Fonce-Olivas) checkups and information campaigns. The California Endowment is devoting part of a goals. The bipartisan legislation I am U.S. Health and Human Services Secretary introducing today with Senators $50-million agricultural health grant to the Tommy Thompson wants to arm the border initiative. MCCAIN, FEINSTEIN, and CORNYN would with $25 million to combat illnesses. The mere fact that U.S. Health and Human address that problem by reauthorizing ‘‘Diseases don’t stop at the border,’’ said Services Secretary Tommy G. Thompson the U.S.-Mexico Border Health Com- Thompson, who was in El Paso on Monday. showed up for the U.S.-Mexico Border health mission at $10 million and authorizing ‘‘We need to work in a collaborative fashion Commission meeting here Monday—despite another $200 million in funding to im- to improve the health of the border neigh- an international anthrax scare—delighted prove the infrastructure, access, and borhood. It’s our neighborhood.’’ the Mexicans, who have worried that U.S. re- the delivery of health care services He talked about the additional funds he is lations with their nation would become a low along the entire U.S.-Mexico border. seeking for border health initiatives while priority for the Bush administration fol- chairing the fourth binational meeting of the These grants would be flexible and lowing the Sept. 11 terrorist attacks. U.S.-Mexico Border Health Commission. Officials from both nations emphasized allow the individual communities to Thompson was joined by Julio Frenk Mora, that the border health problems are real and establish their own priorities with Mexico’s Secretary of Health. immediate threats, killing many thousands which to spend these funds for the fol- Thompson said he didn’t know if he would of people each year. lowing range of purposes: maternal and get the $25 million from Congress but vowed ‘‘We should not let the anthrax scare kid- child health, primary care and prevent- to make a strong effort to get more funding nap our entire health agenda,’’ said Mexican ative health, public health and public for programs to improve access to public Health Secretary Julio Frenk. ‘‘There are a health infrastructure, health pro- health for those living along the border and lot of other very important issues of much motion, oral health, behavioral and bolstering border health research. higher risk to our populations.’’ Frenk Mora also said he will be fighting Thompson, meanwhile, offered a challenge mental health, substance abuse, health to the U.S. delegation to the year-old Border conditions that have a high prevalence for more money to support border health programs. Frenk is a co-chairman of the Health Commission: He’ll try to come up in the border region, medical and commission. with an additional $25 million for health health services research, community The group is composed of 26 public-health projects along the frontier if they can come health worker or promotoras, health leaders from both sides of the U.S.-Mexico up with specific, effective ways to spend the care infrastructure, including planning border, who are devoted to fighting health money. and construction grants, health dis- problems, such as tuberculosis, AIDS and di- A commission study issued Monday de- abetes. tailed the serious health challenges on the parities, environmental health, health border, compounded by population growth of Dr. Laurence Nickey, El Paso’s former education, and outreach and enroll- 28% on the U.S. side and 39% on the Mexican city-county health director and member of ment services with respect to Medicaid side during the 1990s, about twice the na- the commission, said he wants to see more and the State Children’s Health Insur- tional growth rate in each country. funding concentrated on diabetes. ance Program, CHIP. The study found that rates of commu- He said diabetes is diagnosed in one of five nicable diseases such as tuberculosis, HIV/ We would certainly expect those Hispanics on the border by the age of 45. He grants would be used for the purpose of AIDS and hepatitis A are higher in the bor- expects this statistic to become worse unless der region than nationally for both coun- striving to achieve the measurable more work is done in this area. goals established by the ‘‘Health Bor- tries. Cancer, asthma and diabetes rates also Frenk Mora said Mexico understands the are higher along the border. der 2010’’ initiative. importance of public health and will do its ‘‘The high level of border crossings be- In addition, the bill contains author- share to improve the health and wellness of tween the U.S. and Mexico complicates the ization for $25 million for funding to people residing along the border. development of strategies to address the border communities to improve the in- Mayor Ray Caballero, who attended the spread of infectious diseases,’’ the report frastructure, preparedness, and edu- meeting, said one of El Paso’s biggest prob- says, heightening the need for coordinated cation of health professionals along the lem is a lack of health-care providers. policies. U.S.-Mexico border with respect to bio- ‘‘We are not able to attract or retain While the commission debated overall enough physicians,’’ he said. strategies, a workshop of about 100 experts terrorism. This includes the establish- Thompson announced after the meeting on tuberculosis met to map out innovative ment of a health alert network to iden- that the University of Texas Health Sciences cross-border approaches to tracking and car- tify and communicate information Center in San Antonio has been awarded a ing for patients. The interruption of tuber- quickly to health providers about $250,000 grant to establish a Regional Center culosis treatment is highly dangerous for pa- emerging health care threats. for Health Workforce Studies. tients because it can lead to resistance to

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.058 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9797 medication. Yet such breaks in treatment with Canada, is a special one. Those health conditions that have a high preva- occur frequently when ailing migrants cross countries are our closest neighbors, lence in the border region, medical and illegally into the United States. and yet, we often and wrongly neglect health services research, community health The workshop focused on development of a our neighbor to the South and the workers or promotoras, health care infra- binational tuberculosis card that would structure, including planning and construc- allow patients to continue treatment on ei- much needed economic development tion grants, health disparities, environ- ther side of the border with confidentiality. needed in the region. Mexico is the mental health, health education, and out- The cared would not only ensure continuity United States’ second largest trading reach and enrollment services with respect in treatment but allow both countries to im- partner and the border is recognized as to Medicaid and the State Children’s Health prove their database of tuberculosis cases. one of the busiest ports of entry in the Insurance Program, CHIP. Dr. Lincoln Chen, a public health expert world. And yet, the region is often ne- Providing Border Bioterrorism Prepared- from the Rockefeller Foundation, said such glected. ness Grants: Provides for $25 million in fund- initiatives make the border region ‘‘the cut- ing to States and local governments or pub- ting edge of health in the 21st century . . . As the U.S.-Mexico Border Health Commission points out, ‘‘Without in- lic health departments to improve the infra- This is the front line of global health.’’ structure, preparedness, and education of Thompson and Frenk visited sites that creases and sustained federal, state and health professionals along the U.S.-Mexico symbolize the emerging cooperation, from local governmental and private funding border with respect to bioterrorism. This in- the La Fe health clinic in south El Paso, for health programs, infrastructure and cludes the establishment of a health alert which treats many Latino AIDS patients, to education, the border populations will network to identify and communicate infor- a U.S. Food and Drug Administration inspec- continue to lag behind the United mation quickly to health providers about tion operation. In September, the two gov- States in these areas.’’ If the border emerging health care threats. ernments agreed to expand efforts to ensure Reauthorizing the U.S.-Mexico Border the safety of meat, poultry and egg products were its own state, according to data from the Heath Resources and Services Health Commission: Provides for the reau- that are shipped across the border in im- thorization of the U.S.-Mexico Border Health mense volumes. Administration, it would: rank last in Commission at $10 million annually. In California, meanwhile, seven counties access to health care; second in death S. 1447 that are home to large numbers of migrant rates due to hepatitis; third in deaths workers took part in the health week with related to diabetes; last in per capita Be it enacted by the Senate and House of Rep- Mexico. Jose Ignacio Santos, head of child resentatives of the United States of America in health in Mexico and director of the ‘‘Go income; first in the number of school Congress assembled, Health, Return Healthy’’ program, said the children living in poverty; and, first in SECTION 1. SHORT TITLE. initiative brings to the U.S. some of the the numbers of the uninsured. This Act may be cited as the ‘‘Border techniques that have made Mexico’s public I would like to thank Senator Health Security Act of 2003’’. health system highly regarded. Those in- MCCAIN, who was the original cospon- SEC. 2. DEFINITIONS. cluded very public community outreach ac- sor of the U.S.-Mexico Border Health In this Act: tivities, which have helped achieve a 98% im- Commission legislation, Public Law (1) BORDER AREA.—The term ‘‘border area’’ munization rate. 103–400, that we passed in 1994 and is has the meaning given the term ‘‘United In Mexico, the thrice-yearly National Pub- States-Mexico Border Area’’ in section 8 of lic Health Weeks—such as one that began the lead cosponsor of this legislation as the United States-Mexico Border Health Sunday—bring vaccinations to the homes of well, for his outstanding leadership on Commission Act (22 U.S.C. 290n-6). millions of people. More than 11 million in- border issues throughout his career. I (2) SECRETARY.—The term ‘‘Secretary’’ jections will be given in Mexico this week for would also thank Senators FEINSTEIN means the Secretary of Health and Human childhood diseases, in programs supported by and CORNYN for working with us on this Services. nearly 180,000 volunteers. important legislation and Senator Similar efforts are being carried out this SEC. 3. BORDER HEALTH GRANTS. HUTCHISON for her constant support for week in the seven California counties, with a (a) ELIGIBLE ENTITY DEFINED.—In this sec- focus on messages about cervical and breast the appropriations of the U.S.-Mexico tion, the term ‘‘eligible entity’’ means a cancer, immunizations and diabetes. The Border Commission upon the signed State, public institution of higher education, goal is to reach some of the more than 3 mil- agreement between the United States local government, tribal government, non- lion Mexicans living and working in the and Mexico, which was signed by Presi- profit health organization, or community state, especially the 1 million agricultural dent Clinton on July 14, 2000. health center receiving assistance under sec- laborers. I urge the adoption of this bipartisan tion 330 of the Public Health Service Act (42 Frenk, the health secretary, said that in legislation by this Congress. U.S.C. 254b), that is located in the border the past, Mexico did not clearly understand I ask unanimous consent that a fact area. the differences between treating stable and sheet and the text of the bill be printed (b) AUTHORIZATION.—From funds appro- migrant populations. The new program ac- priated under subsection (f), the Secretary, knowledges that migrants carry health prob- in the RECORD. acting through the United States members lems with them as they leave home—and There being no objection, the mate- of the United States-Mexico Border Health bring back ailments such as AIDS when they rial was ordered to be printed in the Commission, shall award grants to eligible return from the United States. RECORD, as follows: entities to address priorities and rec- Now officials are developing preventive FACT SHEET—BORDER HEALTH SECURITY ACT ommendations to improve the health of bor- programs in 502 towns in the 10 Mexican OF 2003 der area residents that are established by— states that produce the most migrants, in- Senators Jeff Bingaman, D–NM, John (1) the United States members of the cluding Jalisco and Guanajuato. McCain, R–AZ, Dianne Feinstein, D–CA, and United States-Mexico Border Health Com- The effort will also respond to the seasonal John Cornyn, R–TX, are preparing to intro- mission; moves of the workers. For example, it calls duce the ‘‘Border Health Security Act of (2) the State border health offices; and for information and immunization cam- 2003.’’ The legislation seeks to improve the (3) the Secretary. paigns in August and September, when mi- infrastructure, access, and delivery of health (c) APPLICATION.—An eligible entity that grants often leave home to work during the care services to residents along the U.S.- desires a grant under subsection (b) shall harvest season. It prepares for treating the Mexico border. submit an application to the Secretary at workers when they return home at year’s The legislation would achieve these goals such time, in such manner, and containing end or Easter. by: such information as the Secretary may re- Frenk said the new model demands a high Improving Border Health Services: Pro- quire. level of coordination with U.S. authorities. vides for $200 million in funding to States, (d) USE OF FUNDS.—An eligible entity that And it will require new levels of trust from local governments, tribal governments, in- receives a grant under subsection (b) shall illegal migrants that the health information stitutions of higher education, nonprofit use the grant funds for— won’t be used against them, he said. health organizations, or community health (1) programs relating to— ‘‘The ideal would be a well-coordinated centers along the U.S.-Mexico border to im- (A) maternal and child health; system in which we could say to the U.S. au- prove infrastructure, access, and the delivery (B) primary care and preventative health; thorities: ‘There goes a migrant who has tu- of health care services. (C) public health and public health infra- berculosis. Care for him,’’’ he said. ‘‘Some These grants are flexible and would allow structure; day not too far in the future, there will be the community to establish its own prior- (D) health promotion; electronic clinical histories on a card with ities with which to spend these funds for the (E) oral health; an intelligent chip, and the person will carry following range of purposes: maternal and (F) behavioral and mental health; it. But this will require much trust on the child health, primary care and preventative (G) substance abuse; part of illegal migrants.’’ health, public health and public health infra- (H) health conditions that have a high Mr. BINGAMAN. Mr. President, our structure, health promotion, oral health, be- prevalence in the border area; relationship with Mexico, like that havioral and mental health, substance abuse, (I) medical and health services research;

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.062 S23PT1 S9798 CONGRESSIONAL RECORD — SENATE July 23, 2003 (J) workforce training and development; (2) is alerted to signs of health threats or ing to the U.S.-Mexico Border Health (K) community health workers or bioterrorism along the border area. Commission, if the border area were a promotoras; Mr. MCCAIN. Mr. President, recog- state, it would rank last in access in (L) health care infrastructure problems in nizing that the communities along our health care, second in death rates due the border area (including planning and con- Nation’s border are literally our front struction grants); to hepatitis, third in deaths related to (M) health disparities in the border area; line of defense, it is in the interest of diabetes, first in number of TB cases (N) environmental health; our national security to ensure that and last in per capita income. (O) health education; and these areas are well equipped to re- I have long supported legislative ini- (P) outreach and enrollment services with spond to health emergencies and poten- tiatives aimed at improving the secu- respect to Federal programs (including pro- tial bioterror attacks. To address the rity and quality of life in our border grams authorized under titles XIX and XXI critical needs of this vulnerable region, area. This bill is a part of that ongoing of the Social Security Act (42 U.S.C. 1396 and I am pleased to once again join my effort. As our Nation enters a new era 1397aa)); and good friends from New Mexico, Senator (2) other programs determined appropriate of heightened national alert, it is in- by the Secretary. BINGAMAN, along with Senator FEIN- cumbent upon us to ensure our border (e) SUPPLEMENT, NOT SUPPLANT.—Amounts STEIN and Senator CORNYN, in intro- area—our front line of defense—is provided to an eligible entity awarded a ducing the Border Health Security Act strenghtened and protected. grant under subsection (b) shall be used to of 2003. supplement and not supplant other funds Ten years ago, Senator BINGAMAN By Ms. MURKOWSKI: available to the eligible entity to carry out and I introduced a bill which we be- S. 1448. A bill to provide for the con- the activities described in subsection (d). lieved represented a first step toward struction of the Yupik Alaskan/Central (f) AUTHORIZATION OF APPROPRIATIONS.— addressing the many health challenges Kuskokwim Energy Project, and for There is authorized to be appropriated to other purposes; to the Committee on carry out this section, $200,000,000 for fiscal confronting the U.S.-Mexico border re- year 2004, and such sums as may be necessary gion as it faced growing population and Energy and Natural Resources. for each succeeding fiscal year. an expanding industrial base. The Ms. MURKOWSKI. Mr. President SEC. 4. BORDER BIOTERRORISM PREPAREDNESS United States-Mexico Border Health today I introduce a very important GRANTS. Commission Act authorized the Presi- piece of legislation, the Calista Energy (a) ELIGIBLE ENTITY DEFINED.—In this sec- dent to enter into a bilateral agree- and Economic Revitalization Act. This tion, the term ‘‘eligible entity’’ means a ment with Mexico and establish a bina- legislation will create a profound and State, local government, tribal government, tional commission on border health, positive effect on one of the most im- or public health entity. and was signed into law in the fall of poverished parts of my State, the (b) AUTHORIZATION.—From funds appro- Upper Kuskokwim region by providing priated under subsection (e), the Secretary 1994. shall award grants to eligible entities for Six years later the U.S. Secretary of major boost to the economy of this bioterrorism preparedness in the border area. Health and Human Services and the area. It will also provide affordable en- (c) APPLICATION.—An eligible entity that Secretary of Health of Mexico signed ergy to this region, which pays some of desires a grant under this section shall sub- an agreement creating the United the highest energy costs in the coun- mit an application to the Secretary at such States-Mexico Border Health Commis- try. time, in such manner, and containing such sion. Although still in its infancy, the My legislation will authorize a grant information as the Secretary may require. Commission serves to draw attention and loan guarantee program to permit (d) USES OF FUNDS.—An eligible entity that the construction of a vitally important receives a grant under subsection (b) shall to the unique needs of the border re- use the grant funds to— gion, while improving and protecting intertie from the Upper Kuskokwim re- (1) develop and implement bioterror pre- the health and well-being of the resi- gion to Bethel, Alaska. This project paredness plans and readiness assessments dents on both sides of the border. will provide low cost energy to revi- and purchase items necessary for such plans; The bill we are introducing today talize this region much as the Ten- (2) coordinate bioterrorism and emergency builds upon the effort we began 10 nessee Valley and Bonneville Power preparedness planning in the region; years ago. This legislation authorizes projects revitalized the South and (3) improve infrastructure, including syn- two new grant programs targeting Northwest, respectively. drome surveillance and laboratory capacity; Alaska was just a territory when (4) create a health alert network, including health care and bioterror preparedness risk communication and information dis- in the border area in addition to fund- these visionary projects were conceived semination; ing for the Commission. and constructed. It is now time for the (5) educate and train clinicians, epi- The first grant program we establish, State of Alaska to join in the national demiologists, laboratories, and emergency the Border Health Grants, will be com- commitment and partnership for eco- personnel; and petitively awarded to programs that nomic vitality. (6) carry out such other activities identi- improve health care infrastructure or The Upper Kuskokwim region has fied by the Secretary, the United States- address the unique health care needs of been inhabited by the Yupik Eskimo Mexico Border Health Commission, State the border region. Eligible programs for thousands of years and they have and local public health offices, and border health offices. could address health disparities, public developed a unique lifestyle which al- (e) AUTHORIZATION OF APPROPRIATIONS.— health, maternal and child health, and lows them to thrive in a harsh and for- There is authorized to be appropriated to conditions with a high prevalence in midable climate. carry out this section $25,000,000 for fiscal the border area. Acknowledging our na- On December 18, 1971, Congress en- year 2004 and such sums as may be necessary tional vulnerability in the wake of acted the Alaska Native Claims Settle- for each succeeding fiscal year. September 11 attacks and the need to ment Act, ANCSA, in recognition and SEC. 5. UNITED STATES-MEXICO BORDER ensure that bioterror efforts are spe- settlement of the aboriginal claims of HEALTH COMMISSION ACT AMEND- the Yupik Eskimo people in the Upper MENTS. cifically focused on the border region, The United States-Mexico Border Health our bill establishes bioterror prepared- Kuskokwim regions. Pursuant to Commission Act (22 U.S.C. 290n et seq.) is ness grants for activities including co- ANCSA the Calista Corporation was amended by adding at the end the following: ordination of bioterror and emergency formed by the Yupik Eskimo people to ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. preparedness, improvements in infra- represent their needs and interests in ‘‘There is authorized to be appropriated to structure, and education and training. implementation of ANCSA. carry out this Act $10,000,000 for fiscal year The communities along our Nation’s The Calista Corporation has selected 2004 and such sums as may be necessary for southern border typically have high as port of its land entitlement under each succeeding fiscal year.’’. rates of uninsured and underinsured in- ANCSA the Donlin Creek area of the SEC. 6. COORDINATION OF HEALTH SERVICES dividuals, unemployment, and poverty. Upper Kuskokwim region. As owner of AND SURVEILLANCE. This region also has higher rates of in- the Donlin Creek area, Calista has The Secretary may coordinate with the fections and chronic diseases, often ex- made a discovery of international sig- Secretary of Homeland Security in estab- lishing a health alert system that— acerbated by migrant populations. nificance of gold and other minerals (1) alerts clinicians and public health offi- Compounding these problems is the which will aid the country and the cials of emerging disease clusters and syn- lack of health care facilities and quali- Yupik Eskimo people if that area is de- dromes along the border area; and fied health care professionals. Accord- veloped. I can assure you, that there is

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.064 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9799 wide spread support among the local There being no objection, the bill was S. 1449. A bill to improve the capac- Yupik population that their lands be ordered to be printed in the RECORD, as ity of the Secretary of Agriculture and developed. follows: the Secretary of the Interior to prepare The Donlin Creek area is currently S. 1448 and conduct hazardous fuels reduction isolated and unconnected by road or Be it enacted by the Senate and House of Rep- projects on National Forest System utility services to the rest of the State resentatives of the United States of America in land and Bureau of Land Management of Alaska and the Nation. It is fair and Congress assembled, land that are aimed at protecting com- equitable that the Congress enacts leg- SECTION 1. SHORT TITLE. munities, watersheds, and certain This Act may be cited as the ‘‘Calista En- islation to aid and assist the Yupik Es- other at-risk land from catastrophic ergy and Economic Revitalization Act’’. wildfire, to enhance efforts to protect kimo people, through the Calista Cor- SEC. 2. FINDINGS. poration, in developing this energy Congress finds that— watersheds and address threats to for- project referenced in my bill. The goal (1) the Yupik Eskimo people have— est and rangeland health on public and of this project is to provide reasonable (A) inhabited the Upper Kuskokwim region private land, including catastrophic and adequate utility service to the for thousands of years; and wildfire, to increase research on forest local people and to serve to the devel- (B) developed a unique lifestyle that allows health and forest-damaging agents, and opment of the minerals in the Donlin the people to thrive in a harsh and formi- for other purposes; to the Committee dable climate; on Agriculture, Nutrition, and For- Creek area. (2) on December 18, 1971, Congress enacted The Upper Kuskokwim region con- estry. the Alaska Native Claims Settlement Act (43 Mr. CRAPO. Mr. President, Idaho tains numerous Yupik Eskimo villages U.S.C. 1601 et seq.) in recognition and settle- faces grim news this morning as the which are also isolated from the rest of ment of the aboriginal claims of the Yupik the State and the Nation. According to Eskimo people in the Upper Kuskokwim re- deaths of two young wildland fire- government reports, the unemploy- gions; fighters are reported. They were killed ment rate in the region is about 25 per- (3) under that Act— late Tuesday afternoon while fighting cent but the actual joblessness rate is (A) the Calista Regional Corporation was the Cramer fire in the Salmon-Challis formed by the Yupik Eskimo people to rep- National Forest west of the town of much higher. The government reports resent the needs and interests of the Yupik stop counting people as unemployed Salmon near the confluence of the mid- Eskimo people in implementing the Act; and dle fork of the Salmon River and the after that have not had a job after sev- (B) the Corporation has selected as part of main Salmon. These men are heroes of eral years. There is currently little or the land entitlement the Donlin Creek area no opportunity for year round non- of the Upper Kuskokwim region; battle, just as the men and women governmental employment in this re- (4) as owner of the Donlin Creek area, fighting overseas. They fought a face- gion. Calista Regional Corporation has made a dis- less, terrifying enemy with bravery, covery of international significance of gold heroism, and selfless dedication to the For example, one of the few opportu- and other minerals that would aid the Yupik families and communities of central nities to participate in the cash econ- Eskimo people if developed; Idaho. Their sacrifice will be remem- omy available in the region comes (5) there is widespread support among the bered for years to come as their names from fishing, but fishing income has local Yupik population for development of are added to the list of those fallen in plunged by about 50 percent from near- the Donlin Creek area; service to their country in the capacity ly $12,000 to about $5,000 annually. Be- (6) the Donlin Creek area is currently iso- of wildland firefighters. I pray that cause of this drastic decline in fishing lated and unconnected by road or utility those who continue to fight fires in income and a general lack of available services to the rest of the State of Alaska; (7) the Upper Kuskokwim region contains Idaho and across the West this summer private sector jobs, Federal and State many Yupik Eskimo villages that are not remain out of harm’s way as they per- transfer payments make up 33 percent connected to the rest of the State of Alaska; form their valiant and critical work to of income in the Bethel U.S. Census (8) the unemployment rate in the region is preserve homes, property, and life. District area and nearly 45 percent of almost 25 percent, and there is currently lit- The tragedy is that two more people the Wade Hampton U.S. Census Dis- tle or no opportunity for year-round non- governmental employment; have died. We hope it is not followed by trict in the Upper Kuskokwim region more as we enter another fire season. near the Donlin Creek site. (9) it is fair and equitable that Congress enact legislation to aid and assist the Yupik The truth is that our forests are over- Passage of this legislation will pro- Eskimo people, through the Calista Regional grown, dead and dying, and this kind of vide a sound economic opportunity for Corporation, in providing reasonable and tragedy was inevitable. Legislation the Yupik Eskimo and other residents adequate utility services to the area; and that I supported in the past would have of the region and give them an oppor- (10) Congress should act to provide a sound made a difference. Had it been enacted tunity to enjoy a better quality of life. economic opportunity for the Yupik Eskimo last year or the year before, these Calista is committed to turning this and other residents of the region to enjoy an improved quality of life by providing a year senseless deaths could very well have project into the private sector engine been avoided. Idaho’s wildfire season is for this part of Alaska. If successful, round employment base. SEC. 3. CALISTA ENERGY PROJECT AUTHORIZA- just getting into its full swing, and we Federal transfer payments will be re- TION. are asking our wildland firefighters in duced and local residents will have the (a) FINANCIAL ASSISTANCE.—The Secretary Idaho and throughout the rest of the ability to support themselves and their of Energy shall, subject to any terms and Nation to do a dangerous job. We in families with solid, well paying private conditions that the Secretary determines to Congress owe it to them and to the be appropriate, provide the Calista Regional sector jobs. family members of those who didn’t Utility costs are now more than 10 Corporation grants and loan guarantees to assist in the construction of the Calista En- make it to provide them with the tools times the national average. By pro- ergy Project as generally identified in the necessary to get the job done as safely viding a year round employment base document entitled ‘‘Calista Region Energy and quickly as possible. These deaths and more equitable and affordable ac- Needs Study’’ and dated July 1, 2002. are a tragic reminder of the sacrifices cess to utility services, this project (b) FEDERAL SHARE.—The Federal share of and risks wildland firefighters make to the cost of construction of the Calista En- will improve the lives of all residents ensure the safety of our communities. of the region. ergy Project shall be not more than 80 per- cent. Congress must act to reduce this I am excited about this bill and will (c) LIMITATION.—The total amount of fi- threat to our communities and improve work hard to achieve its passage. It is nancial assistance that the Secretary may the safety of our firefighters. Today, my hope to have a hearing on this bill provide under subsection (a) is— Senator LINCOLN and I are introducing very soon and seek its passage in the (1) $100,000,000 for grants; and bipartisan legislation to address the Energy and Natural Resources Com- (2) $50,000,000 for loan guarantees. forest health crisis facing our nation. mittee and the full Senate before the SEC. 4. AUTHORIZATION OF APPROPRIATIONS. As Chairman and Ranking Member of end of the year. I urge my colleagues to There are authorized to be appropriated such sums as are necessary to carry out this the Senate Agriculture Committee’s support this legislation. Act. Subcommittee on Forestry, Conserva- I ask unanimous consent that the tion, and Rural Revitalization, Senator text of the bill be printed in the By Mr. CRAPO (for himself and LINCOLN and I have learned of the simi- RECORD. Mrs. LINCOLN): larities between the problems facing

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.066 S23PT1 S9800 CONGRESSIONAL RECORD — SENATE July 23, 2003 the ecosystems of eastern and western growing use of appeals and litigation as The proposal includes a watershed forests. We know that when Congress delaying and frustrating techniques program that will help foresters en- acts to address the health of forests in rather than the constructive recourse hance water quality in our forests. As the West—forests that have been dev- they were intended for. Cutting many know, our forests serve as crit- astated by fires that garner national through the bureaucratic red tape and ical watersheds that provide drinking attention—we must also reduce the ensuring for robust public participa- water to our communities. This bill risks to our forests across the country. tion—as outlined in the widely-sup- provides for grants to allow for tech- The threat is not just to our property ported Western Governors Associa- nical assistance, education, and finan- and lives, but clean air, clean water, tion’s collaborative strategy—is a win- cial assistance to enhance our efforts and wildlife habitat. We must take a win for our forests and our commu- to ensure clean waters for our commu- comprehensive approach to protecting nities. In addition, by streamlining the nities and wildlife. our resources, and Senator LINCOLN process, we get more money on the A program to maintain forested habi- and I attempt to do that in this bill. ground and in action to protect our for- tat for threatened and endangered spe- The America’s Healthy Forests Res- ests. Appeals, litigation, and extensive cies is also an important part of this toration and Research Act builds on analysis of unneeded alternatives mean legislation. By providing for short and the bipartisan legislation that passed less money for projects. Some estimate long-term restoration agreements the the House of Representatives and is that only sixty percent of funds allo- program offers incentives to maintain now under consideration in the Senate. cated for fuels reduction actually and utilize efforts that protect species Like the House proposal, our bill ad- makes it to the ground. Streamlining and prevent others from being listed. dresses the ‘‘analysis paralysis’’ that the process should result in signifi- The legislation provides assistance to prevents us from taking actions to pro- cantly more resources to address forest address the problem of nonnative tect our lands. For lands that are at health. invasive plants, trees, shrubs, and risk of catastrophic fire or that have I have long been an advocate of bet- vines. Across the country, the expan- been severely damaged by insect or dis- ter utilization of biomass and small di- sion of nonnative invasive plants has ameter materials. This bill addresses ease infestations or the aftermath of changed ecosystems making them the need for more research and more severe weather events, such as more susceptible to threats that could markets. Our bi-partisan bill provides windthrow or ice storms, the bill cre- result in catastrophic fires. Our pro- grants to those who would use biomass ates an expedited process to allow for posal provides assistance to landowners for fuel or other beneficial purposes. treatment. For these specific projects in addressing these invasives. Instead of leaving fuels in our forests on Forest Service or Bureau of Land Finally, the bill declares that the en- to burn or tossing them in landfills, we Management lands—with the exception hanced community fire protection pro- can reduce the risks to our environ- of lands that are wilderness areas or gram is an important program in re- ment and create an incentive to use Wilderness Study Areas—the bill pro- ducing risks to communities. This pro- what has traditionally not been cost ef- vides for time limits on appeals, re- gram, which we enacted as part of the fective to use. Unlike the house bill, we forms the appeals process, and provides 2002 Farm Bill, provides assistance to expand eligible uses beyond just useful guidance to the courts. communities in reducing fire threats. The per-acre costs of fuel reduction fuels. In Idaho, we have companies that Providing funding for this program, projects is higher and the amount of can use this material for environ- coupled with the savings from stream- time to consider a project is longer mental restoration. We need to do lining the process, will provide for with each alternative the agencies are more to create incentives to use this required to consider. Each of these al- material. meaningful progress in reducing the ternatives requires a complete and To that end, our bill also includes ex- wildfire threat. I agree with Forest Service Chief thorough environmental analysis. By panded research into utilization and Dale Bosworth, who says we need to selecting projects through the collabo- harvesting of small diameter mate- move the focus from what we take to rative process and requiring an in- rials. Light on the land techniques that what we leave. As he has identified, too depth analysis of the environmental find more and better uses of biomass many are looking at this as a zero-sum impacts of the specific project, we can and small diameter materials can revi- ensure that the impacts of the project talize our rural communities. Research game. They seek someone to blame for are addressed, without the analysis pa- into the costs and obstacles to using forest health problems or argue that ralysis caused by the examination of these materials will go a long way to- logging is inherently bad. We need to additional alternatives—especially ward expanded markets and rural de- get beyond that fallacious argument when projects are most often appealed velopment. The bill also provides direc- and realize that what is important is based on failure to complete adequate tion for technology transfer to get this restoring a healthy ecosystem: an eco- analysis on alternatives rather than information from the universities and system that allows for a natural fire the substance of the project. scientists to the communities and regime to exist without threatening The time for action is now, we should small businesses in rural parts of our communities and lives. not let fuels reduction projects be de- America. I hope my colleagues will join me layed or lose their effectiveness Our bipartisan bill makes research a moving beyond the narrow focus that through frivolous appeals. By requiring central tenet. From research into bio- currently passes for forest policy, this the Forest Service to develop a new mass, forests conditions, upland hard- zero-sum game, and look at the needs process that allows for public collabo- woods, the measure brings a new focus of our forest ecosystems. This bill is a ration, by requiring substantive com- to forest threats. Our legislation ex- bipartisan effort that enhances the ments to the project, and by requiring pands the research to allow for land- House-passed legislation. It sets a participation in the process before al- scape level research on forest-dam- mark that the majority of the Senate lowing litigation, the bill ensures that aging agents. Fire, insects and disease, can and should support. public comment is meaningful and con- and weather events pose a significant The skies over Idaho’s capitol city, structive. No longer will these impor- threat to our forest ecosystems. The Boise, are smoke-filled this afternoon, tant projects be stopped simply by 33 bill provides for cooperation with col- and another tiny town on the edge of cents on a postcard. leges and universities in applied re- Idaho’s Frank Church River of No Re- Our bill also requires that the courts search to combat these threats. turn Wilderness, Atlanta, is threatened balance the long term effects with the The bill also focuses research on pre- as fire encroaches on the homes there. short term effects of a project. This serving upland hardwoods. Not enough Firefighting resources are stretched to balance of harm should be common is known about preserving and restor- the limit as wildland fires are burning sense, but that has not been the case. ing the upland hardwood forests of the throughout Idaho and the West. The courts are reminded they should South. The creation of an upland hard- Wildfires this year have charred some balance the impact of inaction in their wood forest research center will go a 1.46 million acres nationwide. The Na- decision making. long way toward finding ways to better tional Interagency Fire Center said This streamlining of the appeals and protect, rehabilitate, restore, and uti- there were 49 large fires burning in the judicial review process will counter the lize these important resources. West, with more than 350 thousand

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.069 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9801 areas of active wildfires. Let us in Con- to public lands. Private forest land- and terrestrial fauna, ecological proc- gress take a stand now to help protect owners and homeowners throughout esses and hardwood ecosystem restora- our forests and keep them from going the Ozarks face the same problem. The tion, and education and outreach to up in smoke every year. past several years of extremely dry nonindustrial private forest land- I look forward to working with my summer conditions have weakened owners and associations. colleagues to garner their support for trees throughout the region. The establishment of this new re- this much-needed, bipartisan legisla- The legislation also contains provi- search center is necessary to ensure we tion, and know that they join me in sions that are intended to streamline can quickly identify and respond to the sending condolences to the families of and improve the environmental, ad- multitude of pests, disease, and other the two young men who died fighting a ministrative, and judicial review proc- damaging agents that can dramatically fire that may very well have been pre- ess for hazardous fuel reduction affect our beloved forests. ventable. projects under this legislation. I join Third, our legislation also includes Mrs. LINCOLN. Mr. President, I rise Senator CRAPO in believing that the re- funding for emergency grants to imme- today to join my good friend Senator view process for hazardous fuel reduc- diately remove the invasive plants that CRAPO of Idaho in introducing legisla- tion projects, while necessary and ben- have become so pervasive throughout tion aimed at rehabilitating this Na- eficial, often consumes more time, ef- this Nation’s forests. And when we talk tion’s public and private forestlands. fort, and resources than the initial in- about invasive plant species in the South, we are talking about one Senator CRAPO and I serve as the Chair tent of the project. and Ranking Member of the Agri- I am also aware that there are ongo- thing—Kudzu. Some call it the vine that ate the South. Kudzu was brought culture Subcommittee on Forestry, ing discussions regarding these envi- into this country several decades ago and we have worked together exten- ronmental, administrative, and judi- to be used as cover for bare hillsides sively in watching over our Nation’s cial review issues. I look forward to and has since spread to cover every- forestlands. working with my colleagues on the Ag- thing including shrubs, bushes, and en- Our bipartisan legislation builds riculture Committee and in the entire tire trees. The grant program included upon the Healthy Forest Restoration Senate to modify and improve the envi- in our legislation will provide the ronmental, administrative, and judi- Act, which passed the House of Rep- means for landowners to immediately resentatives earlier this year. Our bill cial review provisions of this legisla- remove kudzu and the myriad other will ensure that we can address the tion in order to address my colleagues’ invasive plants that are choking out many problems affecting all of our Na- concerns. our forests. tion’s forests—both on public and pri- As we have seen with the epidemic of Finally, our legislation also includes vate forestlands, in southern and west- oak mortality in Arkansas, the Forest widely agreed upon language that ern forests, and throughout both hard- Service must have the ability to quick- would provide for grants to remove wood and pine ecosystems. Our legisla- ly respond to insect infestation in non-commercial biomass from our pri- tion is intended to be a marker for the order to protect, preserve, and rehabili- vate forested watersheds, and provide direction we believe forest legislation tate the entire forest. Streamlining of for grants to establish private, healthy should move in this country. the environmental, administrative, and forest reserves throughout the nation. Both Senator CRAPO and I have been judicial review process for hazardous Many of these important provisions working closely with the Senate Agri- fuel reduction projects will ensure that were included in the Senate-passed culture Committee to ensure that the we can quickly address what ails our farm bill last year, but they were not goals of our legislation are incor- forests. included in the final legislation, unfor- porated into the chairman’s mark of Secondly, our legislation also pro- tunately. Providing grants to remove the Senate’s Healthy Forest legisla- vides increased funding and direction noncommercial biomass will imme- tion. for forestland research in this country. diately reduce the amount of fuel on Our legislation is intended to accom- Our legislation will ensure that our Na- the forest floor and directly reduce the plish a few, very specific goals. tion’s colleges and universities are able fire danger in our forests and around First and foremost, we must provide to devote more research into the in- our communities. Similarly, providing the Forest Service with the tools nec- sects and diseases affecting our forests. grants to protect our forest watersheds essary to immediately address the epi- We also require that any forestland re- will ensure that we can address our demic of oak decline and mortality in search be conducted at a scale appro- water quality concerns with a vol- the Ozark highlands of Arkansas and priate to the forest damage, and that it untary, incentive based approach. And Missouri. be conducted within the requirements finally, providing funding to establish Oak decline is a natural occurrence of each individual forest management new healthy forest reserves from will- in older forests or in areas where trees plan. Our legislation also includes re- ing private landowners will encourage are stressed by conditions such as old quirements to ensure this research has the preservation and rehabilitation of age, over population of the forest, poor clearly stated forest restoration objec- this Nation’s forestlands. soil conditions, and the effects of sev- tives and is peer reviewed by scientific Mr. President, I believe that our bi- eral years of severe drought. And under experts in forestland health. partisan legislation will focus needed normal conditions, oak decline is not Our legislation includes authoriza- attention on a number of extremely necessarily fatal to the tree. tion for a new upland hardwood re- critical goals for our national forest However, these conditions have al- search center designed to study the policy. One lesson that we have learned lowed insects such as the red oak borer myriad of insects, disease, and prob- over the years is that if we value our to flourish throughout the forest and lems affecting our ability to rehabili- forests, if want to conserve our wood- has led to an epidemic of oak mortality tate, restore, and utilize our upland land and resources, if we want to pre- throughout our forests. hardwood forests. As we have seen, Ar- serve their natural beauty, if we want In fact, many estimates now suggest kansas was caught almost flatfooted as to ensure that the natural bounty of that potentially up to one million the epidemic of oak mortality swept our forestlands is available to future acres of red oaks have been affected in through the Ozarks and severely en- generations, then it is important that Ozark highlands. And it is important dangered the health of our forests. Es- we manage those lands and resources to note that this epidemic has not been tablishing this new research center will with a careful eye toward their long- long in coming—it was only first dis- help ensure that this does not happen term health. covered in the late 1990s. I am con- again. f cerned that this epidemic will lead to a The new research center will specifi- AMENDMENTS SUBMITTED AND complete loss of red oak from the cally research the effects of pests and PROPOSED Ozark highlands and cause long-term pathogens on upland hardwoods, hard- SA 1327. Mrs. MURRAY proposed an changes to the health of the forest eco- wood stand regeneration and reproduc- amendment to the bill H.R. 2555, making ap- system. tive biology, upland hardwood stand propriations for the Department of Home- It is also important to remember management and forest health, threat- land Security for the fiscal year ending Sep- that the epidemic has not been limited ened, endangered and sensitive aquatic tember 30, 2004, and for other purposes.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.070 S23PT1 S9802 CONGRESSIONAL RECORD — SENATE July 23, 2003 SA 1328. Mrs. BOXER (for herself and Mr. bill S. 14, to enhance the energy security of such airports from the threat of shoulder- SCHUMER) proposed an amendment to the bill the United States, and for other purposes; fired missile systems and the interim meas- H.R. 2555, supra. which was ordered to lie on the table. ures being taken to address the threat. SA 1329. Mrs. FEINSTEIN (for herself and SA 1350. Mr. CORZINE (for himself, Mr. Mr. KYL) submitted an amendment intended EDWARDS, Mr. LAUTENBERG, and Mr. BIDEN) SA 1329. Mrs. FEINSTEIN (for herself to be proposed by her to the bill H.R. 2555, proposed an amendment to the bill H.R. 2555, and Mr. KYL) submitted an amendment supra; which was ordered to lie on the table. making appropriations for the Department intended to be proposed by her to the SA 1330. Mrs. FEINSTEIN submitted an of Homeland Security for the fiscal year end- bill H.R. 2555, making appropriations amendment intended to be proposed by her ing September 30, 2004, and for other pur- for the Department of Homeland Secu- to the bill H.R. 2555, supra; which was or- poses. dered to lie on the table. SA 1351. Mr. SCHUMER (for himself, Mr. rity for the fiscal year ending Sep- SA 1331. Mrs. BOXER proposed an amend- BAUCUS, Ms. CANTWELL, Mr. LEAHY, Ms. tember 30, 2004, and for other purposes; ment to the bill H.R. 2555, supra. STABENOW, and Mr. LEVIN) proposed an which was ordered to lie on the table; SA 1332. Mr. LEVIN submitted an amend- amendment to the bill H.R. 2555, supra. as follows: ment intended to be proposed by him to the SA 1352. Mr. AKAKA submitted an amend- At the end of the bill, add the following: bill H.R. 2555, supra; which was ordered to lie ment intended to be proposed by him to the TITLE ll—PORT ANTI-TERRORISM AND on the table. bill H.R. 2555, supra; which was ordered to lie SECURITY ACT OF 2003 SA 1333. Mr. REED submitted an amend- on the table. SEC. 1001. SHORT TITLE. ment intended to be proposed by him to the SA 1353. Mr. BYRD (for Mr. BINGAMAN) pro- bill H.R. 2555, supra; which was ordered to lie posed an amendment to the bill H.R. 2555, This title may be cited as the ‘‘Port Anti- on the table. supra. Terrorism and Security Act of 2003’’. SA 1334. Mr. FEINGOLD submitted an SA 1354. Mr. BYRD (for Mr. DODD) proposed Subtitle A—Deterring and Punishing amendment intended to be proposed by him an amendment to the bill H.R. 2555, supra. Terrorism and Crime at United States Ports to the bill H.R. 2555, supra; which was or- SA 1355. Mr. BYRD proposed an amend- SEC. 1101. DESTRUCTION OR INTERFERENCE dered to lie on the table. ment to the bill H.R. 2555, supra. WITH VESSELS OR MARITIME FA- SA 1335. Mr. FEINGOLD submitted an SA 1356. Mr. BYRD (for Mrs. MURRAY) pro- CILITIES. amendment intended to be proposed by him posed an amendment to the bill H.R. 2555, (a) IN GENERAL.—Title 18, United States to the bill H.R. 2555, supra; which was or- supra. Code, is amended by inserting after chapter dered to lie on the table. SA 1357. Mr. BYRD (for Mr. REID (for him- 65 the following: SA 1336. Mr. DAYTON proposed an amend- self and Mr. ENSIGN)) proposed an amend- ‘‘CHAPTER 66—MARITIME VESSELS ment to the bill H.R. 2555, supra. ment to the bill H.R. 2555, supra . ‘‘Sec. SA 1337. Mr. KYL submitted an amend- SA 1358. Mr. BYRD (for Mr. CONRAD (for ‘‘1371. Jurisdiction and scope. ment intended to be proposed by him to the himself and Mr. DORGAN)) proposed an ‘‘1372. Destruction of vessel or maritime fa- bill S. 14, to enhance the energy security of amendment to the bill H.R. 2555, supra . cility. the United States, and for other purposes; SA 1359. Mr. BYRD (for Mr. EDWARDS) pro- ‘‘1373. Imparting or conveying false informa- which was ordered to lie on the table. posed an amendment to the bill H.R. 2555, tion. SA 1338. Mr. KYL submitted an amend- supra. ment intended to be proposed by him to the SA 1360. Mr. DEWINE (for Mr. GREGG) pro- ‘‘§ 1371 Jurisdiction and scope bill S. 14, supra; which was ordered to lie on posed an amendment to the bill S. 650, to ‘‘(a) IN GENERAL.—There is jurisdiction the table. amend the Federal Food, Drug, and Cosmetic under section 3231 over an offense under this SA 1339. Mr. KYL submitted an amend- Act to authorize the Food and Drug Admin- chapter if— ment intended to be proposed by him to the istration to require certain research into ‘‘(1) the prohibited activity takes place bill S. 14, supra; which was ordered to lie on drugs used in pediatric patients. within the United States, or in waters or the table. SA 1361. Mrs. HUTCHISON (for herself, Mr. submerged lands thereunder subject to the SA 1340. Mr. KYL submitted an amend- VOINOVICH, Mr. DEWINE, Mr. SPECTER, Mr. jurisdiction of the United States; or ment intended to be proposed by him to the SANTORUM, and Mr. WARNER) submitted an ‘‘(2) the prohibited activity takes place bill S. 14, supra; which was ordered to lie on amendment intended to be proposed by her outside the United States, and— the table. to the bill H.R. 2555, making appropriations ‘‘(A) an offender or a victim of the prohib- SA 1341. Mr. HOLLINGS (for himself and for the Department of Homeland Security for ited activity is a citizen of the United Mr. GRAHAM, of Florida) proposed an amend- the fiscal year ending September 30, 2004, and States; ment to the bill H.R. 2555, making appropria- for other purposes; which was ordered to lie ‘‘(B) a citizen of the United States was on tions for the Department of Homeland Secu- on the table. board a vessel to which this chapter applies; rity for the fiscal year ending September 30, or f 2004, and for other purposes. ‘‘(C) the prohibited activity involves a ves- SA 1342. Mr. BIDEN submitted an amend- TEXT OF AMENDMENTS sel of the United States. ment intended to be proposed by him to the Mrs. MURRAY proposed an ‘‘(b) APPLICABILITY.—Nothing in this chap- bill H.R. 2555, supra; which was ordered to lie SA 1327. ter shall apply to otherwise lawful activities on the table. amendment to the bill H.R. 2555, mak- carried out by, or at the direction of, the SA 1343. Mr. SCHUMER (for himself and ing appropriations for the Department United States Government. Mr. CORZINE) proposed an amendment to the of Homeland Security for the fiscal ‘‘§ 1372. Destruction of vessel or maritime fa- bill H.R. 2555, supra. year ending September 30, 2004, and for SA 1344. Mr. LAUTENBERG proposed an cility amendment to the bill H .R. 2555, supra. other purposes; as follows: ‘‘(a) OFFENSES.—It shall be unlawful for SA 1345. Mr. McCAIN submitted an amend- On page 56, line 9, strike ‘‘$165,000,000’’ and any person— ment intended to be proposed by him to the insert ‘‘$265,000,000’’. ‘‘(1) to willfully— bill H.R. 2555, supra; which was ordered to lie ‘‘(A) set fire to, damage, destroy, disable, on the table. SA 1328. Mrs. BOXER (for herself and or wreck any vessel; or SA 1346. Ms. MIKULSKI (for herself, Mr. Mr. SCHUMER) proposed an amendment ‘‘(B) place or cause to be placed a destruc- DODD, Ms. STABENOW, Mr. SARBANES, Mrs. to the bill H.R. 2555, making appropria- tive device or destructive substance in, upon, CLINTON, Mr. DURBIN, Mr. BIDEN, Mr. tions for the Department of Homeland or in proximity to, or otherwise make or LIEBERMAN, Mr. HARKIN, Mr. LEVIN, Mr. Security for the fiscal year ending Sep- cause to be made an unworkable or unusable BYRD, Mr. LAUTENBERG, Mr. ROCKEFELLER, or hazardous to work or use, any vessel (as tember 30, 2004, and for other purposes; Ms. LANDRIEU, and Mr. CORZINE) proposed an defined in section 3 of title 1), or any part or amendment to the bill H.R. 2555, supra. as follows: other materials used or intended to be used SA 1347. Mr. KYL (for himself, Mr. MCCAIN, At the appropriate place, add the fol- in connection with the operation of a vessel; Mr. BROWNBACK, Mr. BAYH, and Mr. BUNNING) lowing: or submitted an amendment intended to be pro- SEC. . (a) REPORT.—Not later than March ‘‘(C) set fire to, damage, destroy, disable, posed by him to the bill S. 14, to enhance the 1, 2004, the Secretary of Homeland Security or displace a destructive device or destruc- energy security of the United States, and for shall submit to Congress a report that— tive substance in, upon, or in proximity to, other purposes; which was ordered to lie on (1) details the progress made in developing any maritime facility, including any aid to the table. countermeasures for commercial aircraft navigation, lock, canal, or vessel traffic SA 1348. Mrs. CLINTON proposed an against shoulder-fired missile systems, in- service facility or equipment, or interfere by amendment to the bill H.R. 2555, making ap- cluding cost and time schedules for devel- force or violence with the operation of such propriations for the Department of Home- oping and deploying such countermeasures, maritime facility, if such action is likely to land Security for the fiscal year ending Sep- and endanger the safety of any vessel in naviga- tember 30, 2004, and for other purposes. (2) in classified form and in conjunction tion; SA 1349. Mr. INHOFE submitted an amend- with airports in category X and category ‘‘(D) set fire to, damage, destroy, disable, ment intended to be proposed by him to the one, an assessment of the vulnerability of or place a destructive device or destructive

VerDate Jan 31 2003 04:14 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.073 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9803 substance in, upon, or in proximity to any $5,000, which shall be recoverable in a civil ‘‘1659. Attempts. appliance, structure, property, machine, ap- action brought in the name of the United ‘‘1660. Accessories. paratus, or any facility or other material States. ‘‘1661. Inapplicability to United States Gov- used or intended to be used in connection ‘‘(b) INCREASED PENALTY.—Any person who ernment activities. with the operation, maintenance, loading, willfully and maliciously, or with reckless ‘‘§ 1651. Piracy unloading, or storage of any vessel or any disregard for the safety of human life, im- ‘‘Any person who commits the crime of pi- passenger or cargo carried on, or intended to parts or conveys, or causes to be imparted or racy and is afterwards brought into, or found be carried on, any vessel; conveyed, false information, knowing the in- in, the United States shall be imprisoned for ‘‘(E) perform an act of violence against or formation to be false, concerning an attempt life. incapacitate an individual on a vessel, if or alleged attempt being made by or to be ‘‘§ 1652. Crimes against United States persons such act of violence or incapacitation is like- made, to do any act that is an offense under or property on board a ship or maritime ly to endanger the safety of the vessel or this chapter or chapter 2, 97, or 111, shall be structure those on board; fined in accordance with this title or impris- ‘‘Any person who commits any illegal act ‘‘(F) perform an act of violence against a oned not more than 5 years, or both.’’. of violence, detention, or depredation person that causes or is likely to cause seri- (b) TECHNICAL AND CONFORMING AMEND- against the United States, including any ves- ous bodily injury in, upon, or in proximity to MENT.—The table of chapters at the begin- sel of the United States, citizen of the any appliance, structure, property, machine, ning of title 18, is amended by inserting after United States, any commercial structure apparatus, or any facility or other material the item relating to chapter 65 the following: owned in whole or in part by a United States used or intended to be used in connection ‘‘66. Maritime Vessels ...... 1371’’. citizen or resident alien, or any United with the operation, maintenance, loading, SEC. 1102. CRIMINAL SANCTIONS FOR PLACE- States citizen or resident alien, or the prop- unloading, or storage of any vessel or any MENT OF DESTRUCTIVE DEVICES OR erty of that citizen or resident alien, on passenger or cargo carried or intended to be SUBSTANCES IN UNITED STATES JU- board a ship or maritime structure and is RISDICTIONAL WATERS. carried on any vessel; or afterwards brought into or found in the (a) IN GENERAL.—Chapter 111 of title 18, ‘‘(G) communicate information, knowing United States, shall be fined in accordance United States Code, is amended by inserting the information to be false and under cir- with this title or imprisoned not more than after section 2280 the following: cumstances in which such information may 20 years, or both. reasonably be believed, thereby endangering ‘‘§ 2280A. Devices or substances in waters of ‘‘§ 1653. Crimes against persons on board a the safety of any vessel in navigation; or the United States likely to destroy or dam- ship or maritime structure within the terri- ‘‘(2) to attempt or conspire to do anything age ships torial jurisdiction of the United States prohibited under paragraph (1). ‘‘(a) IN GENERAL.—Any person who know- ‘‘Any person who commits any illegal act ‘‘(b) PENALTY.—Any person who— ingly places or causes to be placed in waters of violence, detention, or depredation ‘‘(1) violates subparagraph (A) or (B) of subject to the jurisdiction of the United against an individual on board a ship or mar- subsection (a)(1) shall be fined in accordance States, by any means, a device or substance itime structure, or the property of that indi- with this title or imprisoned for a maximum that is likely to destroy or cause damage to vidual, in waters or submerged lands there- life imprisonment term, or both, and if death a ship or its cargo, or cause interference under, subject to the jurisdiction of the results, shall be subject to the death penalty; with the safe navigation of vessels or inter- United States, shall be fined in accordance and ference with maritime commerce, such as by with this title or imprisoned not more than ‘‘(2) violates subsection (a)(2) or subpara- damaging or destroying marine terminals, 20 years, or both. graph (C), (D), (E), (F), or (G) of subsection facilities, and any other maritime structure ‘‘§ 1654. Crimes by United States citizens or (a)(1) shall be fined in accordance with this or entity used in maritime commerce, with resident aliens title or imprisoned not more than 20 years, the intent of causing such destruction or ‘‘Any person, being a United States citizen or both. damage— or resident alien, or purporting to act under ‘‘(c) ADDITIONAL PENALTIES.—Any person ‘‘(1) shall be fined in accordance with this the authority of the United States, who com- who is fined or imprisoned in accordance title and imprisoned for any term of years or mits any illegal act of violence, detention, or with subsection (b) for an offense that in- for life; and depredation against an individual on board a volved a vessel that, at the time the viola- ‘‘(2) if the death of any person results from ship or maritime structure, or the property tion occurred, carried high-level radioactive conduct prohibited under this section, may of that individual, shall be fined in accord- waste or spent nuclear fuel shall be fined in be punished by death. ance with this title or imprisoned not more accordance with this title or imprisoned for ‘‘(b) APPLICABILITY.—Nothing in this sec- not less than 30 years, or for life. tion shall be construed to apply to otherwise than 20 years, or both. ‘‘(d) THREATENED OFFENSE.—Any person lawfully authorized and conducted activities ‘‘§ 1655. Privateering who willfully imparts or conveys any threat of the United States Government.’’. ‘‘(a) OFFENSE.—It shall be unlawful for any to do an act which would violate this chap- (b) TECHNICAL AND CONFORMING AMEND- person to furnish, fit out, arm, or serve in a ter, with an apparent determination and will MENT.—The table of sections for chapter 111 privateer or private vessel used to commit to carry out the threat, shall be— of title 18, United States Code, is amended by any illegal act of violence, detention, or dep- ‘‘(1) fined in accordance with this title or inserting after the item relating to section redation against an individual, or the prop- imprisoned not more than 5 years, or both; 2280 the following: erty of that individual, or any vessel or mar- and ‘‘2280A. Devices or substances in waters of itime structure without the express author- ‘‘(2) liable for all costs incurred as a result the United States likely to de- ity of the United States Government when— of such threat. stroy or damage ships.’’. ‘‘(1) the perpetrator of the act is a United ‘‘(e) DEFINITIONS.—For purposes of this sec- States citizen or resident alien, or purports SEC. 1103. PIRACY AND PRIVATEERING. tion— to act under authority of the United States; ‘‘(1) the term ‘destructive device’ has the Chapter 81 of title 18, United States Code, ‘‘(2) the individual against whom the act is meaning as such term in section 921(a)(4); is amended to read as follows: committed is a United States citizen or resi- ‘‘(2) the term ‘destructive substance’ has ‘‘CHAPTER 81—PIRACY AND dent alien or the property, vessel, or mari- the meaning as such term in section 31; PRIVATEERING time structure involved is owned, in whole or ‘‘(3) the term ‘high-level radioactive waste’ ‘‘Sec. in part, by a United States citizen or resi- has the meaning as such term in section 2(12) ‘‘1651. Piracy. dent alien; or of the Nuclear Waste Policy Act of 1982 (42 ‘‘1652. Crimes against United States persons ‘‘(3) some element of the illegal act of vio- U.S.C. 10101(12)); or property on board a ship or lence, detention, or depredation is com- ‘‘(4) the term ‘serious bodily injury’ has maritime structure. mitted in waters subject to the jurisdiction the meaning as such term in section 1365(g); ‘‘1653. Crimes against persons on board a ship of the United States. and or maritime structure within ‘‘(b) PENALTY.—Any person who violates ‘‘(5) the term ‘spent nuclear fuel’ has the the territorial jurisdiction of subsection (a) shall be fined in accordance meaning as such term in section 2(23) of the the United States. with this title or imprisoned not more than Nuclear Waste Policy Act of 1982 (42 U.S.C. ‘‘1654. Crimes by United States citizens or 20 years, or both. 10101(23)). resident aliens. ‘‘§ 1656. Theft or conversion of vessel, mari- ‘‘§ 1373. Imparting or conveying false infor- ‘‘1655. Privateering. time structure, cargo, or effects mation ‘‘1656. Theft or conversion of vessel, mari- ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘(a) IN GENERAL.—Any person who imparts time structure, cargo, or ef- person who is a captain, officer, crewman, or or conveys, or causes to be imparted or con- fects. passenger of a vessel or maritime structure veyed, false information, knowing the infor- ‘‘1657. Intentional wrecking or plunder of a to assist in the theft or conversion of such mation to be false, concerning an attempt or vessel, maritime structure, vessel or maritime structure, or its cargo or alleged attempt being made or to be made, cargo, or effects. effects when— to do any act that is an offense under this ‘‘1658. Knowing receipt of an illegally ac- ‘‘(1) the perpetrator is a United States cit- chapter or chapter 2, 97, or 111, shall be sub- quired vessel, maritime struc- izen or resident alien, or purports to act ject to a civil penalty of not more than ture, cargo, or effects. under the authority of the United States;

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‘‘(2) the vessel, maritime structure, cargo, ‘‘§ 832. Use of a dangerous weapon or explo- ‘‘(c) LIMITATIONS.—This section shall not or effects is owned in whole or in part by a sive on a passenger vessel limit the authority of— United States citizen or resident alien; or ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘(1) an officer under section 581 of the Tar- ‘‘(3) some element of the theft or conver- person to willfully— iff Act of 1930 (19 U.S.C. 1581) or any other sion is committed in waters subject to the ‘‘(1) commit an act, including the use of a provision of law enforced or administered by jurisdiction of the United States. dangerous weapon, explosive, or incendiary the Secretary of the Treasury or the Under ‘‘(b) PENALTY.—Any person who violates device, with the intent to cause death or se- Secretary for Border and Transportation Se- subsection (a) shall be fined in accordance rious bodily injury to a crew member or pas- curity of the Department of Homeland Secu- with this title or imprisoned not more than senger of a passenger vessel or any other per- rity; or 20 years, or both. son while on board a passenger vessel; or ‘‘(2) a Federal law enforcement officer ‘‘§ 1657. Intentional wrecking or plunder of a ‘‘(2) attempt, threaten, or conspire to do under any law of the United States to order vessel, maritime structure, cargo, or effects any act referred to in paragraph (1). a vessel to stop or heave to. ‘‘(d) CONSENT OR OBJECTION TO ENFORCE- ‘‘(a) OFFENSE.—It shall be unlawful for any ‘‘(b) PENALTY.—An person who violates person to— subsection (a) shall be fined in accordance MENT.—A foreign nation may consent or ‘‘(1) intentionally cause the wrecking of a with this title or imprisoned not more than waive objection to the enforcement of United States law by the United States under this vessel or maritime structure by act or omis- 20 years, or both. section by radio, telephone, or similar oral sion, either directly such as by intentional ‘‘(c) AGGRAVATED OFFENSE.—Any person or electronic means, which consent or waiver grounding, or indirectly by modification or who commits an offense described in sub- may be proven by certification of the Sec- destruction of any navigational marker or section (a) in a circumstance in which— retary of State or the Secretary’s designee. ‘‘(1) the vessel was carrying a passenger at safety device; ‘‘(e) PENALTY.—Any person who inten- ‘‘(2) intentionally plunder, steal, or destroy the time of the offense; or tionally violates this section shall be fined a vessel, maritime structure, cargo, or ef- ‘‘(2) the offense has resulted in the death of in accordance with this title and imprisoned fects when such vessel or maritime structure any person; not more than 1 year. is in distress, wrecked, lost, stranded, or cast shall be guilty of an aggravated offense and ‘‘(f) DEFINITIONS.—For purposes of this sec- away; or shall be fined in accordance with this title or tion— ‘‘(3) intentionally obstruct or interfere imprisoned for any term of years or for life. ‘‘(1) the terms ‘vessel of the United States’ with the rescue of a person on board a vessel ‘‘(d) APPLICABILITY.—This section shall and ‘vessel subject to the jurisdiction of the or maritime structure in distress, wrecked, apply to vessels that are subject to the juris- United States’ have the same meanings as lost, stranded, or cast away, or the legal sal- diction of the United States, and vessels car- such terms in section 3 of the Maritime Drug vage of such a vessel, maritime structure, rying passengers who are United States citi- Law Enforcement Act (46 U.S.C. App. 1903); cargo, or effects, when— zens or resident aliens, wherever located. ‘‘(2) the term ‘heave to’ means to cause a ‘‘(A) the perpetrator is a United States cit- ‘‘(e) DEFINITIONS.—For purposes of this sec- vessel to slow, come to a stop, or adjust its izen or resident alien, or purports to act tion— course or speed to account for the weather under authority of the United States; ‘‘(1) the term ‘dangerous weapon’ has the conditions and sea state to facilitate a law ‘‘(B) the vessel, maritime structure, cargo, meaning given such term in section 930(g); enforcement boarding; and or effects is owned in whole or in part by a ‘‘(2) the term ‘explosive or incendiary de- ‘‘(3) the term ‘Federal law enforcement of- United States citizen or resident alien; or vice’ has the meaning given such term in ficer’ has the same meaning as such term in ‘‘(C) some element of the theft or conver- section 232(5); section 115.’’. sion is committed in waters subject to the ‘‘(3) the term ‘passenger’ has the same (b) TECHNICAL AND CONFORMING AMEND- jurisdiction of the United States. meaning given such term in section 2101(21) MENT.—The table of sections for chapter 109 ‘‘(b) PENALTY.—Any person who violates of title 46; of title 18, United States Code, is amended by subsection (a) shall be fined in accordance ‘‘(4) the term ‘passenger vessel’ has the adding at the end the following: with this title or imprisoned not more than same meaning given such term in section ‘‘2237. Sanctions for failure to heave to; sanc- 20 years, or both. 2101(22) of title 46; and tions for obstruction of board- ‘‘§ 1658. Knowing receipt of an illegally ac- ‘‘(5) the term ‘serious bodily injury’ has ing or providing false informa- quired vessel, maritime structure, cargo, or the meaning given such term in section tion.’’. 1365(g).’’. effects SEC. 1106. CRIMINAL SANCTIONS FOR VIOLENCE (b) TECHNICAL AND CONFORMING AMEND- ‘‘Any person who knowingly receives or ac- AGAINST MARITIME NAVIGATION. MENT.—The table of sections for chapter 39 of quires a vessel, maritime structure, cargo, or Section 2280(a) of title 18, United States title 18, United States Code, is amended by effects converted or obtained by action fall- Code, is amended— inserting after the item relating to section ing under any section of this chapter shall be (1) in paragraph (1)— 831 the following: fined in accordance with this title or impris- (A) by redesignating subparagraphs (F), oned not more than 20 years, or both. ‘‘832. Use of a dangerous weapon or explosive (G), and (H) as (G), (H), and (I), respectively; on a passenger vessel.’’. ‘‘§ 1659. Attempts (B) by inserting after subparagraph (E) the SEC. 1105. SANCTIONS FOR FAILURE TO HEAVE following: Any person who attempts any act which, if TO AND FOR OBSTRUCTION OF ‘‘(F) destroys, damages, alters, moves, or committed, would constitute an offense BOARDING AND PROVIDING FALSE tampers with any aid to maritime naviga- under this chapter shall be fined in accord- INFORMATION. tion maintained by the Saint Lawrence Sea- ance with this title or imprisoned not more (a) IN GENERAL.—Chapter 109 of title 18, way Development Corporation under the au- than 20 years, or both. United States Code, is amended by adding at thority of section 4 of the Act of May 13, ‘‘§ 1660. Accessories the end the following: 1954, (33 U.S.C. 984) or the Coast Guard pursu- ‘‘(a) COMMISSION OF AN OFFENSE.—Any per- ‘‘§ 2237. Sanctions for failure to heave to; ant to section 81 of title 14, or lawfully main- son who knowingly assists any person in the sanctions for obstruction of boarding or tained by the Coast Guard pursuant to sec- commission of an act that constitutes an of- providing false information tion 83 of title 14, if such act endangers or is fense under this chapter shall be fined in ac- ‘‘(a) FAILURE TO HEAVE TO.—It shall be un- likely to endanger the safe navigation of a cordance with this title or imprisoned not lawful for the master, operator, or person in ship;’’; and more than 20 years, or both. charge of a vessel of the United States, or a (C) in subparagraph (I), as so redesignated, ‘‘(b) AVOIDANCE OF CONSEQUENCES.—Any vessel subject to the jurisdiction of the by striking ‘‘through (G)’’ and inserting person who knowingly assists any person in United States, to knowingly fail to obey an ‘‘through (H)’’; and avoiding the consequences of an act that order to heave to on being ordered to do so (2) in paragraph (2), by striking ‘‘(C) or constitutes an offense under this chapter by an authorized Federal law enforcement (E)’’ and inserting ‘‘(C), (E), or (F)’’. shall be fined in accordance with this title or officer. SEC. 1107. CRIMINAL SANCTIONS FOR MALICIOUS imprisoned not more than 20 years, or both. ‘‘(b) OBSTRUCTION OF BOARDING AND PRO- DUMPING. ‘‘§ 1661. Inapplicability to United States Gov- VIDING FALSE INFORMATION.—It shall be un- (a) IN GENERAL.—Chapter 111 of title 18, ernment activities lawful for any person on board a vessel of the United States Code, is amended by adding at ‘‘Nothing in this chapter shall apply to United States or a vessel subject to the juris- the end the following: otherwise lawful activities— diction of the United States to— ‘‘§ 2282. Knowing discharge or release ‘‘(1) carried out by, or at the direction of, ‘‘(1) forcibly assault, resist, oppose, pre- ‘‘(a) ENDANGERMENT OF HUMAN LIFE.—Any the United States Government; or vent, impede, intimidate, or interfere with a person who knowingly discharges or releases ‘‘(2) undertaken under a letter or marque boarding or other law enforcement action oil, a hazardous material, a noxious liquid and reprisal issued by the United States Gov- authorized by any Federal law, or to resist a substance, or any other substance into the ernment.’’. lawful arrest; or navigable waters of the United States or the SEC. 1104. USE OF A DANGEROUS WEAPON OR EX- ‘‘(2) provide information to a Federal law adjoining shoreline with the intent to endan- PLOSIVE ON A PASSENGER VESSEL. enforcement officer during a boarding of a ger human life, health, or welfare— (a) IN GENERAL.—Chapter 39 of title 18, vessel regarding the vessel’s destination, ori- ‘‘(1) shall be fined in accordance with this United States Code, is amended by inserting gin, ownership, registration, nationality, title and imprisoned for any term of years or after section 831 the following: cargo, or crew that the person knows is false. for life; and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.075 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9805 ‘‘(2) if the death of any person results from lished under section 70112 of title 46, United ‘‘(i) the nature, circumstances, extent, and conduct prohibited under this section, may States Code, and the appropriate Federal and gravity of the prohibited act committed; and be punished by death. State agencies, shall establish an outreach ‘‘(ii) with respect to the violator, the de- ‘‘(b) ENDANGERMENT OF MARINE ENVIRON- program— gree of culpability, any history of prior of- MENT.—Any person who knowingly dis- (1) to work with State and local law en- fenses, ability to pay, and such other mat- charges or releases oil, a hazardous material, forcement officials to harmonize the report- ters as justice may require. a noxious liquid substance, or any other sub- ing of data on cargo theft among States and ‘‘(4) MODIFICATION OF PENALTY.—The Sec- stance into the navigable waters of the localities with the United States Govern- retary of Homeland Security may com- United States or the adjacent shoreline with ment’s reports; and promise, modify, or remit, with or without the intent to endanger the marine environ- (2) to work with local port security com- conditions, any civil penalty that is subject ment shall be fined in accordance with this mittees to disseminate cargo theft informa- to imposition or which has been imposed title or imprisoned not more than 30 years, tion to appropriate law enforcement offi- under this section. or both. cials. ‘‘(5) FAILURE TO PAY.—If a person fails to ‘‘(c) DEFINITIONS.—For purposes of this sec- (d) ANNUAL REPORT.—The Attorney Gen- pay an assessment of a civil penalty after it tion— eral shall report annually to the Committee has become final, the Secretary of Homeland ‘‘(1) the term ‘discharge’ means any spill- on the Judiciary of the Senate and the House Security may refer the matter to the Attor- ing, leaking, pumping, pouring, emitting, of Representatives on the implementation of ney General for collection in an appropriate emptying, or dumping; this section. district court of the United States. (e) INTERSTATE OR FOREIGN SHIPMENTS BY ‘‘(2) the term ‘hazardous material’ has the ‘‘(g) DEFINITION.—For purposes of this sec- CARRIER; STATE PROSECUTIONS.— same meaning given such term in section tion, the term ‘goods or chattels’ means to (1) STATE PROSECUTIONS.—Section 659 of 2101(14) of title 46; be moving as an interstate or foreign ship- title 18, United States Code, is amended— ‘‘(3) the term ‘marine environment’ has the ment at all points between the point of ori- (A) in the first undesignated paragraph— same meaning given such term in section gin and the final destination (as evidenced (i) by striking ‘‘Whoever embezzles’’ and by the waybill or other shipping document of 2101(15) of title 46; inserting the following: the shipment) regardless of any temporary ‘‘(4) the term ‘navigable waters’ has the ‘‘(a) OFFENSE; PENALTY.—Whoever— stop while awaiting transshipment or other- same meaning given such term in section ‘‘(1) embezzles’’; wise.’’. 502(7) of the Federal Water Pollution Control (ii) by striking ‘‘from any pipeline system’’ (2) FEDERAL SENTENCING GUIDELINES.—Pur- Act (33 U.S.C. 1362(7)), and also includes the and all that follows through ‘‘with intent to suant to section 994 of title 28, United States territorial sea of the United States as de- convert to his own use’’; and Code, the United States Sentencing Commis- scribed in Presidential Proclamation 5928 of (iii) by striking ‘‘or’’ at the end; sion shall review the Federal Sentencing December 27, 1988; and (B) in the second undesignated paragraph— Guidelines to determine whether sentencing ‘‘(5) the term ‘noxious liquid substance’ (i) by striking ‘‘Whoever buys’’ and insert- enhancement is appropriate for any offense has the same meaning given such term in the ing the following: under section 659 of title 18, United States MARPOL Protocol as defined in section ‘‘(2) buys’’; and Code, as amended by this subsection. 2(a)(3) of the Act to Prevent Pollution from (ii) by striking ‘‘or’’ at the end; (3) ANNUAL REPORT.—The Attorney General Ships (33 U.S.C. 1901(a)(3)).’’. (C) in the third undesignated paragraph— shall annually submit to Congress a report (b) TECHNICAL AND CONFORMING AMEND- (i) by striking ‘‘Whoever embezzles’’ and that shall include an evaluation of law en- MENT.—The table of sections for chapter 111 inserting the following’’ forcement activities relating to the inves- of title 18, United States Code, is amended by ‘‘(3) embezzles’’; and tigation and prosecution of offenses under adding at the end the following: (ii) by striking ‘‘with intent to convert to section 659 of title 18, United States Code. ‘‘2282. Knowing discharge or release.’’. his own use’’; Subtitle B—Protecting United States Ports SEC. 1108. ATTORNEY GENERAL TO COORDINATE (D) in the fourth undesignated paragraph, Against Terrorism and Crime PORT-RELATED CRIME DATA COL- by striking ‘‘Whoever embezzles’’ and insert- ing the following: SEC. 1201. DEFINITIONS. LECTION. In this subtitle: EGULATIONS ‘‘(4) embezzles’’; (a) R .—The Attorney General (1) AIRCRAFT.—The term ‘‘aircraft’’ has the (E) in the fifth undesignated paragraph, by shall issue regulations to— meaning given that term in section 40102 of striking ‘‘Shall in each case’’ and inserting (1) require the reporting by a carrier that title 49, United States Code. the following: is the victim of a cargo theft offense to the (2) CAPTAIN-OF-THE-PORT.—The term ‘‘Cap- Attorney General of information on the ‘‘shall in each case’’; (F) in the sixth undesignated paragraph, by tain-of-the-Port’’, with respect to a United cargo theft offense (including offenses occur- States seaport, means the individual des- ring outside ports of entry and ports of ship- striking ‘‘The’’ and inserting the following: OCATION OF OFFENSE.—The’’; ignated by the Commandant of the Coast ment origination) that identifies the port of ‘‘(b) L (G) in the seventh undesignated paragraph, Guard as the Captain-of-the-Port at that sea- entry, the port where the shipment origi- by striking ‘‘The’’ and inserting the fol- port. nated, where the theft occurred, and any lowing’’ (3) COMMON CARRIER.—The term ‘‘common other information specified by the Attorney ‘‘(c) SEPARATE OFFENSE.—The’’; carrier’’ means any person that holds itself General; (H) in the eighth undesignated paragraph, out to the general public as a provider for (2) create a database to contain the reports by striking ‘‘To’’ and inserting the following: hire of a transportation by water, land, or described in paragraph (1) and integrate ‘‘(d) PRIMA FACIE EVIDENCE.—To’’; air of merchandise, whether or not the per- those reports, to the extent feasible, with (I) in the ninth undesignated paragraph, by son actually operates the vessel, vehicle, or other noncriminal justice and intelligence striking ‘‘A’’ and inserting the following: aircraft by which the transportation is pro- data, such as insurer bill of lading, cargo ‘‘(e) PROSECUTION.—A’’; and vided, between a port or place and a port or contents and value, point of origin, and lien (J) by adding at the end the following: place in the United States. holder filings; and ‘‘(f) CIVIL PENALTY.— (4) CONTAINER.—The term ‘‘container’’ (3) prescribe procedures for access to the ‘‘(1) IN GENERAL.—Notwithstanding any means a container that is used or designed database created in accordance with para- other provision of law, and in addition to for use for the international transportation graph (2) by appropriate Federal, State, and any penalties that may be available under of merchandise by vessel, vehicle, or air- local governmental agencies and private any other provision of law, a person who is craft. companies or organizations, while limiting found by the Secretary of Homeland Secu- (5) DIRECTORATE.—The term ‘‘Directorate’’ access to privacy of the information in ac- rity, after notice and an opportunity for a means the Border and Transportation Secu- cordance with other applicable Federal laws. hearing, to have violated this section or a rity Directorate of the Department of Home- (b) MODIFICATION OF DATABASES.— regulation issued under this section shall be land Security. (1) IN GENERAL.—United States Govern- liable to the United States for a civil penalty (6) MANUFACTURER.—The term ‘‘manufac- ment agencies with significant regulatory or not to exceed $25,000 for each violation. turer’’ means a person who fabricates or as- law enforcement responsibilities at United ‘‘(2) SEPARATE VIOLATIONS.—Each day of a sembles merchandise for sale in commerce. States ports shall, to the extent feasible, continuing violation shall constitute a sepa- (7) MERCHANDISE.—The term ‘‘merchan- modify their information databases to en- rate violation. dise’’ has the meaning given that term in sure the collection and retrievability of data ‘‘(3) AMOUNT OF PENALTY.— section 401 of the Tariff Act of 1930 (19 U.S.C. relating to crime, terrorism, and related ac- ‘‘(A) IN GENERAL.—The amount of a civil 1401). tivities at, or affecting, United States ports. penalty for a violation of this section or a (8) SHIPMENT.—The term ‘‘shipment’’ (2) DESIGNATION OF AGENCIES.—The Attor- regulation issued under this section shall be means cargo traveling in international com- ney General, after consultation with the Sec- assessed by the Attorney General, or the des- merce under a bill of lading. retary of Homeland Security, shall designate ignee of the Attorney General, by written (9) UNITED STATES SEAPORT.—The term the agencies referred to in paragraph (1). notice. ‘‘United States seaport’’ means a place in (c) OUTREACH PROGRAM.—The Attorney ‘‘(B) CONSIDERATIONS.—In determining the the United States on a waterway with shore- General, in consultation with the Secretary amount of a civil penalty under this para- side facilities for the intermodal transfer of of Homeland Security, the National Mari- graph, the Attorney General shall take into cargo containers that are used in inter- time Security Advisory Committee estab- account— national trade.

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(11) VEHICLE.—The term ‘‘vehicle’’ has the they are prepared for shipment on a vessel (2) in subsection (b)(1), by inserting ‘‘be- meaning given that term in section 401 of the that will arrive at any port or place in the fore, on, or’’ after ‘‘completes’’; and Tariff Act of 1930 (19 U.S.C. 1401). United States; (3) in subsection (c)(1)(B), by striking (12) VESSEL.—The term ‘‘vessel’’ has the (2) develop procedures to ensure the secu- ‘‘which is after the date of enactment of this meaning given that term in section 401 of the rity of merchandise inspected as described in Act and’’. Tariff Act of 1930 (19 U.S.C. 1401). paragraph (1) until it reaches the United SEC. 1202. DESIGNATED SECURITY AUTHORITY. States; and SA 1333. Mr. REED submitted an The Captain-of-the-Port of each United (3) permit merchandise inspected as de- amendment intended to be proposed by States seaport shall be the primary author- scribed in paragraph (1) to receive expedited him to the bill H.R. 2555, making ap- ity responsible for security at the United inspection upon arrival in the United States. propriations for the Department of States seaport and shall— Homeland Security for the fiscal year Mrs. FEINSTEIN submitted (1) coordinate security at such seaport; and SA 1330. ending September 30, 2004, and for an amendment intended to be proposed (2) be the point of contact on seaport secu- other purposes; which was ordered to rity issues for civilian and commercial port by her to the bill H.R. 2555, making ap- lie on the table; as follows: entities at such seaport. propriations for the Department of On page 75, between lines 5 and 6, insert SEC. 1203. PENALTIES FOR INACCURATE MANI- Homeland Security for the fiscal year FEST. the following: ending September 30, 2004, and for SEC. 616. It is the sense of the Senate (a) FALSITY OR LACK OF MANIFEST.—Sec- other purposes; which was ordered to that— tion 584 of the Tariff Act of 1930 (19 U.S.C. (1) the Bureau of Immigration and Customs 1584) is amended— lie on the table; as follows: Enforcement faces an increasing demand for (1) in subsection (a)(1)— Insert after section 615 the following: Customs investigative work in Rhode Island, (A) by striking ‘‘$1,000’’ each place it ap- SEC. 616. (a) INCREASE IN AMOUNT FOR OF- particularly in the areas of drug smuggling pears and inserting ‘‘$50,000’’; and FICE FOR DOMESTIC PREPAREDNESS.—The and money laundering; and (B) by striking ‘‘$10,000’’ and inserting amount appropriated by title IV of this Act (2) the Bureau of Immigration and Customs ‘‘$50,000’’; and under the heading ‘‘OFFICE FOR DOMESTIC Enforcement should establish an Office of (2) by adding at the end the following new PREPAREDNESS’’ is hereby increased by Customs Investigations in Providence, Rhode subsection: $30,000,000. Island, with an adequate number of special ‘‘(c) CRIMINAL PENALTIES.—Any person who (b) AVAILABILITY FOR INTEROPERABLE COM- ships or prepares for shipment any merchan- MUNICATIONS GRANTS.—Of the amount appro- agents and support staff. priated by title IV of this Act under the dise bound for the United States who inten- SA 1334. Mr. FEINGOLD submitted tionally provides inaccurate or false infor- heading ‘‘OFFICE FOR DOMESTIC PREPARED- mation, whether inside or outside the United NESS’’, as increased by subsection (a), up to an amendment intended to be proposed States, with respect to such merchandise for $30,000,000 may be available for interoperable by him to the bill H.R. 2555, making ap- the purpose of introducing such merchandise communications grants. propriations for the Department of into the United States in violation of the (c) OFFSET.—The amount appropriated by Homeland Security for the fiscal year laws of the United States, shall be liable, title I of this Act under the heading ‘‘OFFICE ending September 30, 2004, and for upon conviction of a violation of this sub- OF THE UNDER SECRETARY FOR MANAGEMENT’’ other purposes; which was ordered to is hereby reduced by $30,000,000, with the section, for a fine of not more than $50,000 or lie on the table; as follows: imprisonment for 1 year, or both; except that amount of the reduction to be allocated to On page 75, between lines 5 and 6, insert if the importation of such merchandise into amounts available under that heading for the following: the United States is prohibited, such person the alteration and improvement of facilities SEC. 616. (a) The Secretary of Homeland shall be liable for an additional fine of not and for relocation costs necessary for the in- terim housing of the Department’s head- Security, in close consultation with State more than $50,000 or imprisonment for not and local officials, shall conduct a study of more than 5 years, or both.’’. quarters’ operations and organizations collo- cated therewith. methods for improving the Nation’s threat- (b) PENALTIES FOR VIOLATIONS OF THE AR- alert system. RIVAL, REPORTING, ENTRY, AND CLEARANCE SA 1331. Mrs. BOXER proposed an (b) The study under subsection (a) shall in- REQUIREMENTS.—Subsections (b) and (c) of clude— section 436 of Tariff Act of 1930 (19 U.S.C. amendment to the bill H.R. 2555, mak- (1) a survey of alternative threat-alert sys- 1436) are amended to read as follows: ing appropriations for the Department tems, including the feasibility of regional ‘‘(b) CIVIL PENALTY.—Any master, person of Homeland Security for the fiscal and threat-type alerts; in charge of a vessel, vehicle, or aircraft year ending September 30, 2004, and for (2) best estimates of the costs incurred by pilot who commits any violation listed in other purposes; as follows: Federal, State, and local governments and subsection (a) shall be liable for a civil pen- At the appropriate place, add the fol- the private sector each time threat levels are alty of $25,000 for the first violation, and adjusted within the current alert system; $50,000 for each subsequent violation, and lowing: SEC. ll. Not later than March 1, 2004, the and any conveyance used in connection with any (3) a comparison of the costs described in such violation is subject to seizure and for- Secretary of Homeland Security shall issue a classified report to Congress on the security paragraph (2) with the projected costs of the feiture. alternatives explored under paragraph (1). ‘‘(c) CRIMINAL PENALTY.—In addition to costs incurred by state and local government law enforcement personnel in each state in (c) Not later than April 30, 2004, the Sec- being liable for a civil penalty under sub- retary of Homeland Security shall submit to section (b), any master, person in charge of complying with requests and requirements of the United States Secret Service to provide Congress a report summarizing the results of a vessel, vehicle, or aircraft pilot who inten- the study conducted under this section. tionally commits or causes another to com- protective services and transportation for foreign and domestic officials. mit any violation listed in subsection (a) SA 1335. Mr. FEINGOLD submitted shall be liable, upon conviction, for a fine of SA 1332. Mr. LEVIN submitted an an amendment intended to be proposed not more than $50,000 or imprisonment for 1 by him to the bill H.R. 2555, making ap- year, or both; except that if the conveyance amendment intended to be proposed by has, or is discovered to have had, on board him to the bill H.R. 2555, making ap- propriations for the Department of any merchandise (other than sea stores or propriations for the Department of Homeland Security for the fiscal year the equivalent for conveyances other than Homeland Security for the fiscal year ending September 30, 2004, and for vessels) the importation of which into the ending September 30, 2004, and for other purposes; which was ordered to United States is prohibited, such individual other purposes; which was ordered to lie on the table; as follows: shall be liable for an additional fine of not lie on the table; as follows: On page 75, between lines 5 and 6, insert more than $50,000 or imprisonment for not the following: At the end, add the following: more than 5 years, or both.’’. SEC. 616. (a) The Secretary of Homeland SEC. 1204. INSPECTION OF MERCHANDISE AT TITLE ll—CLARIFICATION OF PROHIBI- Security, in close consultation with State FOREIGN FACILITIES. TION ON CONTRACTING WITH COR- and local officials and emergency prepared- Not later than 180 days after the date of PORATE EXPATRIATES ness professional associations, shall conduct enactment of this Act, the Secretary of SEC. ll. CLARIFICATION OF PROHIBITION ON a study of the feasibility of establishing a Homeland Security shall submit to Congress CONTRACTING WITH CORPORATE center within the Department of Homeland a plan to— EXPATRIATES. Security to systematically collect, coordi- (1) station inspectors from the Directorate, Section 835 of the Homeland Security Act nate, organize, and analyze best practices other Federal agencies, or the private sector of 2002 (Public Law 107–296; 6 U.S.C. 395) is and other information that could benefit at the foreign facilities of manufacturers or amended— emergency responders. common carriers to profile and inspect mer- (1) in subsection (a), by inserting before (b) The study under subsection (a) shall— chandise and the containers or other means the period ‘‘, or any subsidiary of such an en- (1) explore ways in which the center de- by which such merchandise is transported as tity’’; scribed in subsection (a) could efficiently

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.075 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9807

share best practices with emergency re- (b) REPORT.—The Comptroller General of (C) unify the system of public announce- sponders through a website or other commu- the United States shall report the study re- ments, allowing government officials and nication method; quired under subsection (a) to Congress not citizens to communicate the nature and de- (2) estimate the costs that would be oc- later than 1 year after the date of the enact- gree of terrorist threats; and curred to establish and maintain such a cen- ment of this Act. (D) provide a tool for combating terrorism ter; and by deterring terrorist activity, notifying law (3) estimate the potential efficiency gains SA 1341. Mr. HOLLINGS (for himself enforcement and State and local government or losses that such a center would produce and Mr. GRAHAM of Florida) proposed officials of threats, informing the public and their related financial impact. an amendment to the bill H.R. 2555, about government preparations, and pro- (c) Not later than January 30, 2004, the Sec- making appropriations for the Depart- viding such officials and the public with in- retary of Homeland Security shall submit to ment of Homeland Security for the fis- formation necessary to respond to the Congress a report summarizing the results of cal year ending September 30, 2004, and threat; the study conducted under this section. for other purposes; as follows: (2) the average daily cost of elevating the Homeland Security Advisory System by 1 SA 1336. Mr. DAYTON proposed an On page 49, line 2, strike ‘‘$150,000,000’’ and threat level; insert ‘‘$450,000,000’’. (3) an evaluation by the Inspector General amendment to the bill H.R. 2555, mak- On page 66, line 9, strike ‘‘$823,700,000’’ and of the Department of Homeland Security of ing appropriations for the Department insert ‘‘$523,700,000,’’. of Homeland Security for the fiscal the responses to each of the suggested pro- year ending September 30, 2004, and for SA 1342. Mr. BIDEN submitted an tective measures to be taken at each threat amendment intended to be proposed by level; and other purposes; as follows: (4) a review of efforts taken by the Depart- On page 75, between lines 5 and 6, insert him to the bill H.R. 2555, making ap- ment of Homeland Security to refine the the following: propriations for the Department of Homeland Security Advisory System, and SEC. 616. None of the funds appropriated or Homeland Security for the fiscal year the progress of tailoring the system so that otherwise made available by this Act may be ending September 30, 2004, and for threat alerts are issued on a regional basis obligated or expended for the procurement of other purposes; which was ordered to rather than nationally. any articles, materials, or supplies in con- lie on the table; as follows: travention of the Buy American Act (41 On page 75, between lines 5 and 6, insert SA 1345. Mr. MCCAIN submitted an U.S.C. 10a et seq.). the following: amendment intended to be proposed by SEC. 616. Not later than March 1, 2004, the him to the bill H.R. 2555, making ap- SA 1337. Mr. KYL submitted an Secretary of Homeland Security shall sub- propriations for the Department of amendment intended to be proposed by mit to Congress a report that details the Homeland Security for the fiscal year him to the bill S. 14, to enhance the en- costs incurred by State and local govern- ending September 30, 2004, and for ergy security of the United States, and ments as a direct result of an increase in the other purposes; which was ordered to for other purposes; which was ordered threat level of the Homeland Security Advi- lie on the table, as follows: sory System. to lie on the table; as follows: At the end of the bill add the following: Beginning on page 4, strike line 1 and all SA 1343. Mr. SCHUMER (for himself Notwithstanding the preceding provisions that follows through page 20, line 2. and Mr. CORZINE) proposed an amend- of this Act, the matter appropriating funds ment to the bill H.R. 2555, making ap- under the heading ‘‘FIRE-FIGHTERS, ASSIST- SA 1338. Mr. KYL submitted an ANCE GRANTS’’ in title IV under the heading propriations for the Department of amendment intended to be proposed by ‘‘OFFICE FOR DOMESTIC PREPAREDNESS’’ shall him to the bill S. 14, to enhance the en- Homeland Security for the fiscal year be deemed to appear in title IV under the ergy security of the United States, and ending September 30, 2004, and for heading ‘‘OFFICE OF THE UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RE- for other purposes; which was ordered other purposes; as follows: SPONSE’’ before the item with the heading to lie on the table; as follows: On page 49, beginning on line 14, strike all through line 19 and insert the following: ‘‘RADIOLOGICAL EMERGENCY PREPAREDNESS On page 8, line 3, strike ‘‘2007’’ and insert For necessary expenses for research and PROGRAM. ‘‘2004’’. development related to transportation secu- rity, $200,000,000, to remain available until SA 1346. Ms. MIKULSKI (for herself, SA 1339. Mr. KYL submitted an expended: Provided, That of the total amount Mr. DODD, Ms. STABENOW, Mr. SAR- amendment intended to be proposed by provided under this heading, $45,000,000 shall BANES, Mrs. CLINTON, Mr. DURBIN, Mr. him to the bill S. 14, to enhance the en- be available for the research and develop- BIDEN, Mr. LIEBERMAN, Mr. HARKIN, Mr. ergy security of the United States, and ment of explosive detection devices: Provided LEVIN, Mr. BYRD, Mr. LAUTENBERG, Mr. for other purposes; which was ordered further, That of the total amount provided ROCKEFELLER, Ms. LANDRIEU, and Mr. to lie on the table; as follows: under this heading $70,000,000 shall be avail- CORZINE) proposed an amendment to able for the Secretary of Homeland Security the bill H.R. 2555, making appropria- Beginning on page 20, strike line 3 and all to award grants under section 70107(i) of title that follows through page 85, line 10. 46, United States Code, to national labora- tions for the Department of Homeland tories, private nonprofit organizations, insti- Security for the fiscal year ending Sep- SA 1340. Mr. KYL submitted an tutions of higher education, and other enti- tember 30, 2004, and for other purposes; amendment intended to be proposed by ties for the support of research and develop- as follows: him to the bill S. 14, to enhance the en- ment of technologies that can be used to se- On page 60, line 1, strike ‘‘$750,000,000’’ and ergy security of the United States, and cure the ports of the United States. insert ‘‘$900,000,000’’. for other purposes; which was ordered to lie on the table; as follows: SA 1344. Mr. LAUTENBERG proposed SA 1347. Mr. KYL (for himself, Mr. an amendment to the bill H.R. 2555, MCCAIN, Mr. BROWNBACK, Mr. BAYH, At the end of title VII of division B, insert the following: making appropriations for the Depart- and Mr. BUNNING) submitted an amend- ment of Homeland Security for the fis- ment intended to be proposed by him SEC. ll. STUDY OF EFFECTIVENESS OF CREDIT FOR ELECTRICITY PRODUCED FROM cal year ending September 30, 2004, and to the bill S. 14, to enhance the energy CERTAIN RENEWABLE RESOURCES. for other purposes; as follows: security of the United States, and for (a) STUDY.—The Comptroller General of On page 75, between lines 5 and 6, insert other purposes; which was ordered to the United States shall undertake a study of the following: lie on the table; as follows: the effectiveness of the credit for electricity SEC. ll. Not later than 90 days after the At the end of subtitle D of title IV, add the produced from certain renewable resources date of enactment of this Act, the Secretary following: under section 45 of the Internal Revenue of Homeland Security shall submit a report SEC. 443. PROHIBITION ON NUCLEAR EXPORTS Code of 1986, as amended by title I. Such in unclassified form to Congress on the TO COUNTRIES THAT SPONSOR TER- study shall evaluate— Homeland Security Advisory System, which RORISM. (1) whether the credit is necessary as a shall include— (a) IN GENERAL.—Section 129 of the Atomic means of encouraging the use of renewable (1) an assessment of how the system is ful- Energy Act of 1954 (42 U.S.C. 2158) is amend- resources, filling its missions to— ed— (2) whether the credit is economically effi- (A) provide a national framework for Fed- (1) by inserting ‘‘a.’’ before ‘‘No nuclear ex- cient, eral, State, and local governments, private ports’’; and (3) the amount of investment in renewable industry and the public to gauge threat lev- (2) by adding at the end the following new resource technologies that would exist if no els; subsection: tax credit were available, and (B) establish the integration of factors for ‘‘b. (1) Notwithstanding subsection a. and (4) when the credit should terminate. assignment of threat conditions; except as provided in paragraphs (2), (3), and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.090 S23PT1 S9808 CONGRESSIONAL RECORD — SENATE July 23, 2003 (4), no nuclear materials and equipment or funds to states to be badly in need of re- or after the combustion of the coal, but be- sensitive nuclear technology, including form’’; fore the combustion products are emitted items and assistance authorized by section 57 (B) advised that ‘‘Congress should establish into the atmosphere; b. of this Act and regulated under Part 810 of a system for allocating scarce [homeland se- (B)(i) removes sulfur compounds from coal title 10, Code of Federal Regulations, and nu- curity] resources based . . . on addressing before the combustion of the coal; and clear-related items on the Commerce Control identified threats and vulnerabilities’’; and (ii) is located off the premises of the elec- List, shall be exported, whether directly or (C) stated that, in allocating Federal tric generation facility at which the coal indirectly, to any country that is on the De- homeland security funds, ‘‘the Federal Gov- processed by the compliance facility is partment of State list of countries that ernment should consider such factors as pop- burned; sponsor terrorism. ulation density, vulnerability assessment, (C) includes a flue gas desulfurization sys- ‘‘(2) This subsection shall not apply to and presence of critical infrastructure within tem connected to a coal-fired electric gen- Iraq. each state’’; eration unit; or ‘‘(3) This subsection shall not apply to (5) the vulnerability assessment may cover (D) includes facilities or equipment ac- items, services, or information that are used a range of considerations, including— quired, constructed, or installed, and used, for nuclear safeguards or nonproliferation (A) the proximity of a community to nu- at a coal-fired electric generating unit pri- purposes, including but not limited to sur- clear and chemical facilities, ports, and marily for the purpose of handling— veillance equipment, seals, cameras, tamper- indication devices, nuclear detectors, moni- international borders; (i) the byproducts produced by the compli- toring systems, or equipment necessary to (B) the presence of national icons that may ance facility; or safely store, transport, or remove hazardous be terrorist targets; (ii) other coal combustion byproducts pro- materials, whether such items, services, or (C) population (including tourist, military, duced by the electric generation unit in or to information are regulated by the Depart- and commuting population), population den- which the compliance facility is incor- ment of Energy, the Department of Com- sity, the location, risk, or vulnerability of porated or connected. merce, or the Nuclear Regulatory Commis- critical infrastructure or key national as- (2) ELECTRIC UTILITY.—The term ‘‘electric sion. sets; and utility’’ means any person (including any ‘‘(4) The President may waive the applica- (D) any other factor considered appropriate municipality) that generates, transmits, or tion of paragraph (1) to a country if the by the Secretary of Homeland Security; distributes electric energy through the use President determines and certifies to Con- (6) our Nation’s critical infrastructure con- of a coal-fired generating unit that contains, gress that the waiver of that paragraph— sists of systems and assets, whether physical is attached to, or is used in conjunction with ‘‘(A) is in the vital national security inter- or virtual, that are vital to the United a compliance facility. ests of the United States; States, including infrastructure relating to— (b) CREDITS.—A State may provide to an ‘‘(B) is essential to prevent or respond to a (A) agriculture; electric utility a credit against any tax or serious radiological hazard in the country re- (B) food; fee owed to the State under a State law, in ceiving the waiver that may or does threaten (C) water; an amount calculated under, and in accord- public health and safety; and (D) public health; ance with, a formula to be determined by the ‘‘(C) will not result in any increased risk (E) emergency services; State, for the use of coal mined from depos- that the country receiving the waiver will (F) government; its in the State that is burned in a coal-fired acquire nuclear weapons or any materials or (G) defense; electric generation unit that is owned or op- components of nuclear weapons. (H) energy; erated by the electric utility that receives ‘‘(5) Notwithstanding section 121 of this (I) transportation; the credit. Act, this subsection shall apply without re- (J) banking and finance; (c) EFFECT ON INTERSTATE COMMERCE.—Ac- gard to any international arrangement made (K) chemicals; tion taken by a State in accordance with after the date of the enactment of this sub- (L) postal service; and this section— section.’’. (M) shipping; (1) shall be considered to be a reasonable (b) APPLICABILITY TO EXPORTS APPROVED (7) the Public Health Security and Bioter- regulation of commerce as of the effective FOR TRANSFER BUT NOT TRANSFERRED.—Sub- rorism Preparedness and Response Act of date of the action; and section b. of section 129 of the Atomic En- 2002 (Public Law 107–188) requires a threat (2) shall not be considered to impose an ergy Act of 1954, as added by subsection (a) of analysis, an indication that Congress recog- undue burden on interstate commerce or to this section, shall apply with respect to ex- nizes the importance of threat-based for- otherwise impair, restrain, or discriminate ports that have been approved for transfer as mulas; and against interstate commerce. of the date of the enactment of this Act but (8) other national homeland security ex- have not yet been transferred as of that date. perts have also called for the distribution of SA 1350. Mr. CORZINE (for Mr. ED- Federal, State, and local homeland security WARDS, Mr. LAUTENBERG, and Mr. SA 1348. Mrs. CLINTON proposed an grants using a threat-based formula in lieu BIDEN) proposed an amendment to the amendment to the bill H.R. 2555, mak- of a per capita formula. bill H.R. 2555, making appropriations ing appropriations for the Department (b) It is the sense of the Senate that home- of Homeland Security for the fiscal land security grants to State and local gov- for the Department of Homeland Secu- year ending September 30, 2004, and for ernments awarded pursuant to section 1014 of rity for the fiscal year ending Sep- other purposes; as follows: the USA PATRIOT ACT of 2001 (42 U.S.C. tember 30, 2004, and for other purposes; 3711) by the Office of Domestic Preparedness as follows: On page 75, between lines 5 and 6, insert of the Department of Homeland Security the following: On page 66, strike lines 9 and 10, and insert should, subject to minimum allocations for SEC. 616. (a) The Senate finds that— the following: $903,700,000, to remain avail- small States, be allocated to States through (1) this Act is intended to provide critical able until September 30, 2005; of which a threat-based formula in lieu of a per capita homeland security resources to State and $80,000,000 shall be for chemical facility secu- formula. local communities and first responders to rity assessments. help them in their efforts to improve our SA 1349. Mr. INHOFE submitted an SA 1351. Mr. SCHUMER (for Mr. BAU- homeland defense at the National, State, and amendment intended to be proposed by local levels; CUS, Ms. CANTWELL, Mr. LEAHY, Ms. him to the bill S. 14, to enhance the en- (2) given the nature of the terrorist threats STABENOW, and Mr. LEVIN) proposed an ergy security of the United States, and against our Nation and the grave con- amendment to the bill H.R. 2555, mak- for other purposes; which was ordered sequences of a terrorist attack, it is in the ing appropriations for the Department to lie on the table; as follows: best interest of our homeland defense that of Homeland Security for the fiscal such resources be disbursed and employed as On page 96, after line 25, add the following: year ending September 30, 2004, and for effectively as possible; SEC. ll. STATE INCENTIVES FOR USE OF CLEAN (3) the Secretary of Homeland Security has COAL TECHNOLOGY. other purposes; as follows: repeatedly emphasized the need to use a (a) DEFINITIONS.—In this section: In title III under the heading ‘‘SALARIES threat-based formula, instead of a per capita (1) COMPLIANCE FACILITY.—The term ‘‘com- AND EXPENSES’’ under the heading ‘‘CUSTOMS formula, to best allocate homeland security pliance facility’’ means any facility that— AND BORDER PROTECTION’’, strike block grant funds to States for use by States (A)(i) is designed, constructed, or installed, ‘‘$4,366,000,000,’’ and insert ‘‘$4,566,000,000, of and local communities; and used, at a coal-fired electric generation which not to exceed $200,000,000 shall be (4) in the June 2003 report of the Homeland unit for the primary purpose of complying available to assist the Department of Home- Security Independent Task Force of the with acid rain control requirements estab- land Security in increasing the number of Council on Foreign Relations, chaired by lished by title IV of the Clean Air Amend- border personnel at the northern border of Senator Warren B. Rudman, entitled ‘‘Emer- ments of 1990 (42 U.S.C. 7651 et seq.); and the United States by the end of fiscal year gency Responders: Drastically Underfunded, (ii) controls or limits emissions of sulfur or 2004 as authorized by section 402 of the Unit- Dangerously Unprepared’’, the Task Force— nitrogen compounds resulting from the com- ing and Strengthening America by Providing (A) declared the ‘‘existing systems for de- bustion of coal through the removal or re- Appropriate Tools Required to Intercept and termining the distribution of appropriated duction of those compounds before, during, Obstruct Terrorism (USA PATRIOT Act) of

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.082 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9809 2001 (115 Stat. 342), and may be transferred by tion funds received from State and local gov- Secretary for Emergency Preparedness and the Secretary of Homeland Security to the ernments, other public authorities, private Response shall— salaries and expenses account of the Bureau sources, and foreign countries, for expenses (1) review the damage survey reports and of Immigration and Customs Enforcement;’’. incurred for research, development, testing, project worksheets relating to the damages and evaluation’’. and costs incurred by the University of SA 1352. Mr. AKAKA submitted an North Dakota as a result of the April 1997 amendment intended to be proposed by SA 1355. Mr. BYRD proposed an flooding in North Dakota, which is classified him to the bill H.R. 2555, making ap- amendment to the bill H.R. 2555, mak- Emergency Preparedness and Response as propriations for the Department of ing appropriations for the Department DR–1174–ND; and Homeland Security for the fiscal year of Homeland Security for the fiscal (2) submit a report on the efforts of the Di- year ending September 30, 2004, and for rectorate of Emergency Preparedness and ending September 30, 2004, and for Response to resolve any outstanding claims other purposes; as follows: other purposes; as follows: by the University of North Dakota relating On page 75, between lines 5 and 6, insert On page 75, line 5 delete all beginning with to the reports described in paragraph (1) to the following: ‘‘after’’ down through and including ‘‘Act’’, the Committees on Appropriations of the and insert: ‘‘the Secretary of Homeland Se- SEC. 6ll. PRIORITY FOR FIRE BOATS. Senate and House of Representatives. curity has published in the Federal Register Notwithstanding any other law, if the the Department’s privacy notice for CAPPS Homeland Security Strategic Plan of a State SA 1359. Mr. BYRD (for Mr. ED- II or no later than 60 days after enactment of or an Area Maritime Transportation Secu- WARDS) proposed an amendment to the this Act, whichever is later’’ rity Plan under section 70103(b) of title 46, bill H.R. 2555, making appropriations United States Code, states that there is a SA 1356. Mr. BYRD (for Mrs. MUR- for the Department of Homeland Secu- need for fire boats in the State, the United rity for the fiscal year ending Sep- States Fire Administration shall consider RAY) proposed an amendment to the bill H.R. 2555, making appropriations tember 30, 2004, and for other purposes; fire boats to be ranked as ‘‘priority one’’ for as follows: the purposes of an application for a fire- for the Department of Homeland Secu- fighter assistance grant made by a fire de- rity for the fiscal year ending Sep- On page 66, line 3, after ‘‘Center’’, insert: partment in that State. tember 30, 2004, and for other purposes; : Provided, That no later than 120 days after as follows: enactment the Under Secretary of Infra- SA 1353. Mr. BYRD (for Mr. BINGA- structure Analysis and Infrastructure Pro- On page 51, line 24, after the word ‘‘equip- tection shall submit a report to the Commit- MAN) proposed an amendment to the ment’’, insert: ‘‘including $3,500,000 for de- tees on Appropriations of the Senate and bill H.R. 2555, making appropriations fense message system implementation and House of Representatives on the vulner- for the Department of Homeland Secu- $1,000,000 for oil spill prevention efforts ability of the 250 largest sports and enter- rity for the fiscal year ending Sep- under the Ports and Waterways Safety Sys- tainment facilities (based on seating capac- tember 30, 2004, and for other purposes; tems (PAWSS) program’’ ity).’’ as follows: SA 1357. Mr. BYRD (for Mr. REID (for On page 46, line 17, insert before the period SA 1360. Mr. DEWINE (for Mr. GREGG) himself and Mr. ENSIGN)) proposed an the following: proposed an amendment to the bill S. ‘‘: Provided further, That not later than 180 amendment to the bill H.R. 2555, mak- 650, to amend the Federal Food, Drug days after the date of enactment of this Act, ing appropriations for the Department and Cosmetic Act to authorize the the General Accounting Office shall transmit of Homeland Security for the fiscal Food and Drug Administration to re- to Congress a report on the implementation year ending September 30, 2004, and for quire certain research into drugs used of the Student and Exchange Visitor Infor- other purposes; as follows: in pediatric patients; as follows: mation System (SEVIS), including an assess- On page 75, between lines 5 and 6, insert ment of the technical problems faced by in- On page 14, line 18, after ‘‘misbranded’’, in- the following: sert ‘‘solely because of that failure’’. stitutions of higher education using the sys- SEC. 616(a) Congress finds that— tem, the need for the detailed information (1) emergency responders are the first line On page 19, strike lines 5 and 6 and insert collected, and an analysis of corrective ac- of defense in protecting our Nation against the following: tion being taken by the Department to re- terrorist attacks; (a) IN GENERAL.—Subject to subsection (b), solve problems in SEVIS’’. (2) the Department of Homeland Security this Act and the amendments made by this uses population as a factor when allocating Act take effect on the date of enactment of SA 1354. Mr. BYRD (for Mr. DODD) grant funding to States and local govern- this Act. proposed an amendment to the bill ments for emergency responders; (b) APPLICABILITY TO NEW DRUGS AND BIO- H.R. 2555, making appropriations for (3) population plays an important role in LOGICAL PRODUCTS.— the Department of Homeland Security both formula and discretionary grants, (1) IN GENERAL.—Subsection (a) of section which are administered by the Department 505B of the Federal Food, Drug, and Cos- for the fiscal year ending September 30, metic Act (as added by section 2) shall apply 2004, and for other purposes; as follows: of Homeland Security; (4) the number of people in a any city or to an application described in paragraph (1) On page 50, line 16, after ‘‘United States:’’, State often differs from estimates by the of that subsection submitted to the Sec- insert the following: ‘‘Provided further, That Census Bureau; retary of Health and Human Services on or of the total amount provided under this (5) large groups of tourists regularly visit after April 1, 1999. heading, funding to operate and maintain many American cities and states, but are not (2) WAIVERS AND DEFERRALS.— the Coast Guard Research and Development included in the resident population of these (A) WAIVER OR DEFERRAL GRANTED.—If, Center shall continue at the fiscal year 2003 cities and states; and with respect to an application submitted to level: Provided further, That the Com- (6) the monetary needs of emergency re- the Secretary of Health and Human Services mandant of the Coast Guard shall conduct a sponders are directly related to the amount between April 1, 1999, and the date of enact- study, the cost of which is not to exceed of people they are responsible to protect. ment of this Act, a waiver or deferral of pedi- $350,000, to be submitted to the Committees (b) It is the sense of the Senate that the atric assessments was granted under regula- on Appropriations of the Senate and the Secretary of Homeland Security should take tions of the Secretary then in effect, the House of Representatives, on the research into account tourist population as a factor waiver or deferral shall be a waiver or defer- and development priorities of the Coast when determining resource needs and poten- ral under subsection (a) of section 505B of the Guard and a design for a new research and tial vulnerabilities for the purpose of allo- Federal Food, Drug, and Cosmetic Act, ex- development organizational structure within cating funds for discretionary and formula cept that any date specified in such a defer- the Coast Guard that ensures that the Coast grants. ral shall be extended by the number of days Guard has access to the most advanced tech- that is equal to the number of days between nology necessary to perform its missions ef- SA 1358. Mr. BYRD (for Mr. CONRAD October 17, 2002, and the date of enactment fectively: Provided further, That the Com- (for himself and Mr. DORGAN)) proposed of this Act. mandant may seek an independent entity to an amendment to the bill H.R. 2555, (B) WAIVER AND DEFERRAL NOT GRANTED.— conduct such a study:’’. making appropriations for the Depart- If, with respect to an application submitted On page 67, line 8, before the period at the to the Secretary of Health and Human Serv- end, insert the following: ‘‘: Provided further, ment of Homeland Security for the fis- ices between April 1, 1999, and the date of en- That the Under Secretary for Science and cal year ending September 30, 2004, and actment of this Act, neither a waiver nor de- Technology shall work with the Coast Guard for other purposes; as follows: ferral of pediatric assessments was granted Research and Development Center regarding On page 75, between lines 5 and 6, insert under regulations of the Secretary then in research priorities for the Coast Guard: Pro- the following: effect, the person that submitted the appli- vided further, That there may be credited to SEC. 616. Not later than 30 days after the cation shall be required to submit assess- and used for the purposes of this appropria- date of enactment of this Act, the Under ments under subsection (a)(2) of section 505B

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.083 S23PT1 S9810 CONGRESSIONAL RECORD — SENATE July 23, 2003 of the Federal Food, Drug, and Cosmetic Act mittee on Commerce, Science, and tional Historic Site in the District of on the date that is the later of— Transportation be authorized to meet Columbia, and for other purposes. (i) the date that is 1 year after the date of on Wednesday, July 23, 2003, at 9:30 In addition, the Committee may turn enactment of this Act; or a.m. on Public Interest and Localism to any other measures that are ready (ii) such date as the Secretary may specify under subsection (a)(3) of that section; in SR–253. for consideration. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without unless the Secretary grants a waiver under objection, it is so ordered. subsection (a)(4) of that section. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS On page 19, line 7, strike ‘‘(b)’’ and insert COMMITTEE ON ENERGY AND NATURAL ‘‘(c)’’. RESOURCES Mr. COCHRAN. Mr. President, I ask Mr. COCHRAN. Mr. President, I ask unanimous consent that the Com- SA 1361. Mrs. HUTCHISON (for her- unanimous consent that the Com- mittee on Foreign Relations be author- self, Mr. VOINOVICH, Mr. DEWINE, Mr. mittee on Energy and Natural Re- ized to meet during the session of the SPECTER, Mr. SANTORUM, and Mr. WAR- sources be authorized to meet during Senate on Wednesday, July 23, 2003 at NER) submitted an amendment in- the session of the Senate, on Wednes- 9:30 a.m. to hold a Business Meeting. tended to be proposed by her to the bill day, July 23 at 10 a.m. to consider The PRESIDING OFFICER. Without H.R. 2555, making appropriations for pending calendar business. objection, it is so ordered. the Department of Homeland Security Agenda COMMITTEE ON FOREIGN RELATIONS for the fiscal year ending September 30, Mr. COCHRAN. Mr. President, I ask 2004, and for other purposes; which was Agenda Item 2: S. 391—A bill to en- unanimous consent that the Com- ordered to lie on the table; as follows: hance ecosystem protection and the mittee on Foreign Relations be author- range of outdoor opportunities pro- ized to meet during the session of the On page 75, between lines 5 and 6, insert tected by statute in the Skykomish the following: Senate on Wednesday, July 23, 2003 at River valley of the State of Wash- SEC. 6ll. PAYMENTS BASED ON POPULATION. 2:45 p.m. to hold a hearing on Iraq: Sta- ington by designating certain lower- (a) DEFINITIONS.—In this section: tus and Prospects for Reconstruction— (1) RELATIVE STATE POPULATION PROPOR- elevation Federal lands as wilderness, Next Steps. TION.—The term ‘‘relative State population and for other purposes. The PRESIDING OFFICER. Without proportion’’ means, with respect to a State, Agenda Item 3: S. 434—A bill to au- objection, it so ordered. the amount that is equal to the quotient ob- thorize the Secretary of Agriculture to COMMITTEE ON HEALTH, EDUCATION, LABOR, tained by dividing— sell or exchange all or part of certain AND PENSIONS (A) the population of the State (as reported parcels of National Forest System land Mr. COCHRAN. Mr. President, I ask in the most recent decennial census); by in the State of Idaho and use the pro- unanimous consent that the Com- (B) the total population of all States (as ceeds derived from the sale or exchange reported in the most recent decennial cen- mittee on Health, Education, Labor, sus). for National Forest System purposes. and Pensions be authorized to meet in (2) RELATIVE POPULATION PROPORTION Agenda Item 4: S. 435—A bill to pro- Executive Session during the session of AMOUNT.—The term ‘‘relative population pro- vide for the conveyance by the Sec- the Senate on Wednesday, July 23, 2003. portion amount’’ means the product of— retary of Agriculture of the Sandpoint (A) the appropriated amount described in Federal Building and adjacent land in Agenda subsection (b); and Sandpoint, Idaho, and for other pur- S.l, Patient Safety and Quality Im- (B) the relative State population propor- poses. provement Act of 2003 tion for the State. Agenda Item 5: S. 452—A bill to re- Presidential Nominations: Daniel (3) STATE.—The term ‘‘State’’ means each Pipes, of Pennsylvania, to be a Member of the 50 States, the District of Columbia, quire that the Secretary of the Interior the Commonwealth of Puerto Rico, the conduct a study to identify sites and of the Board of Directors of the United United States Virgin Islands, Guam, the resources, to recommend alternatives States Institute of Peace; Charles Ed- Commonwealth of the Northern Mariana Is- for commemorating and interpreting ward Horner, of the District of Colum- lands, and American Samoa. the Cold War, and for other purposes. bia, to be a Member of the Board of Di- (b) PAYMENTS.—Subject to subsection (c), Agenda Item 6: S. 714—A bill to pro- rectors of the United States Institute the amount appropriated under paragraph (1) vide for the conveyance of a small par- of Peace; Stephen David Krasner, of under the heading ‘‘STATE AND LOCAL PRO- cel of Bureau of Land Management California, to be a Member of the Board GRAMS’’ under the heading ‘‘OFFICE FOR DO- land in Douglas County, Oregon, to the of Directors of the United States Insti- MESTIC PREPAREDNESS’’ in title IV shall be used to pay each State an amount equal to county to improve management of and tute of Peace; Eric Dreiband, of Vir- the relative population proportion amount. recreational access to the Oregon ginia, to be General Counsel of the (c) MINIMUM PAYMENT.— Dunes National Recreation Area, and Equal Employment Opportunity Com- (1) IN GENERAL.—No State shall receive a for other purposes. mission. payment under this section for a fiscal year Agenda Item 9: S. 1003—A bill to clar- Any additional nominees cleared for that is less than— ify the intent of Congress with respect action. (A) in the case of 1 of the 50 States or the to the continued use of established The PRESIDING OFFICER. Without 1 District of Columbia, ⁄2 of 1 percent of the commercial outfitter hunting camps on objection, it is so ordered. appropriated amount described in subsection COMMITTEE ON INDIAN AFFAIRS (b); and the Salmon River. (B) in the case of the Commonwealth of Agenda Item 10: H.R. 417—To revoke Mr. COCHRAN. Mr. President, I ask Puerto Rico, the United States Virgin Is- a Public Land Order with respect to unanimous consent that the Com- lands, Guam, the Commonwealth of the certain lands erroneously included in mittee on Indian Affairs be authorized Northern Mariana Islands, or American the Cibola National Wildlife Refuge, to meet on Wednesday, July 23, 2003, at Samoa, 1⁄10 of 1 percent of the appropriated California. 10:00 a.m. in Room 485 of the Russell amount described in subsection (b). Agenda Item 11: H.R. 622—To provide Senate Office Building to conduct a (2) PRO RATA ADJUSTMENTS.—The Secretary for the exchange of certain lands in the hearing on S. 556, a Bill to Reauthorize of the Treasury shall adjust, on a pro rata basis, the amount of the payments to States Coconino and Tonto National Forests the Indian Health Care Improvement determined under this section without re- in Arizona, and for other purposes. Act. gard to this paragraph to the extent nec- Agenda Item 12: H.R. 762—To amend The PRESIDING OFFICER. Without essary to comply with the requirements of the Federal Land Policy and Manage- objection, it is so ordered. paragraph (1). ment Act of 1976 and the Mineral Leas- COMMITTEE ON THE JUDICIARY f ing Act to clarify the method by which Mr. COCHRAN. Mr. President, I ask the Secretary of the Interior and the unanimous consent that the Com- AUTHORITY FOR COMMITTEES TO Secretary of Agriculture determine the mittee on the Judiciary be authorized MEET fair market value of certain rights-of- to meet to conduct a markup on COMMITTEE ON COMMERCE, SCIENCE, AND way granted, issued, or renewed under Wednesday, July 23, 2003, at 9:00 a.m. in TRANSPORTATION these Acts. Hart Room 216. Mr. COCHRAN. Mr. President, I ask Agenda Item 13: H.R. 1012—To estab- The PRESIDING OFFICER. Without unanimous consent that the Com- lish the Carter G. Woodson Home Na- objection, it is so ordered.

VerDate Jan 31 2003 04:47 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.089 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9811 COMMITTEE ON THE JUDICIARY Senate on July 23, 2003, at 2:30 p.m. to ‘‘(B) SIMILAR COURSE OF DISEASE OR SIMILAR Mr. COCHRAN. Mr. President, I ask conduct a hearing on ‘‘Enhancing the EFFECT OF DRUG OR BIOLOGICAL PRODUCT.— unanimous consent that the Com- Role of the Private Sector in Public ‘‘(i) IN GENERAL.—If the course of the dis- mittee on the Judiciary be authorized Transportation.’’ ease and the effects of the drug are suffi- to meet to conduct a hearing on ‘‘Over- The PRESIDING OFFICER. Without ciently similar in adults and pediatric pa- sight Hearing: Law Enforcement and objection, it is so ordered. tients, the Secretary may conclude that pe- diatric effectiveness can be extrapolated Terrorism’’ on Wednesday, July 23, f from adequate and well-controlled studies in 2003, at 10:00 a.m. in the Hart Senate PRIVILEGE OF THE FLOOR adults, usually supplemented with other in- Office Building Room 216. Mr. BAUCUS. Mr. President, I ask formation obtained in pediatric patients, such as pharmacokinetic studies. Agenda unanimous consent that Jeff Klein and The Honorable Robert S. Mueller, Di- ‘‘(ii) EXTRAPOLATION BETWEEN AGE Matt Linstroth of my staff be granted GROUPS.—A study may not be needed in each rector, Federal Bureau of Investiga- the privilege of the floor for the day. pediatric age group if data from 1 age group tion, Department of Justice, Wash- The PRESIDING OFFICER. Without can be extrapolated to another age group. ington, DC; The Honorable Asa Hutch- objection, it is so ordered. ‘‘(3) DEFERRAL.—On the initiative of the inson, Under Secretary for Border & f Secretary or at the request of the applicant, Transportation Security, Department the Secretary may defer submission of some PEDIATRIC RESEARCH EQUITY of Homeland Security, Washington, or all assessments required under paragraph DC. ACT OF 2003 (1) until a specified date after approval of the The PRESIDING OFFICER. Without Mr. DEWINE. Mr. President, I ask drug or issuance of the license for a biologi- objection, it is so ordered. unanimous consent the Senate proceed cal product if— ‘‘(A) the Secretary finds that— COMMITTEE ON THE JUDICIARY to the immediate consideration of cal- Mr. COCHRAN. Mr. President, I ask endar 183, S. 650. ‘‘(i) the drug or biological product is ready The PRESIDING OFFICER. The for approval for use in adults before pediatric unanimous consent that the Com- studies are complete; mittee on the Judiciary be authorized clerk will report the bill by title. The legislative clerk read as follows: ‘‘(ii) pediatric studies should be delayed to meet to conduct an Executive Nomi- until additional safety or effectiveness data nations hearing on Wednesday, July 23, A bill (S. 650) to amend the Federal Food, have been collected; or 2003, at 2:00 p.m. in the Dirksen Senate Drug, and Cosmetic Act to authorize the ‘‘(iii) there is another appropriate reason Food and Drug Administration to require for deferral; and Office Building Room 226. certain research into drugs used in pediatric ‘‘(B) the applicant submits to the Sec- Agenda patients. retary— Panel I: Senators. There being no objection, the Senate ‘‘(i) certification of the grounds for defer- Panel II: Rene Alexander Acosta to proceeded to consider the bill which ring the assessments; be Assistant Attorney General, Civil had been reported from the Committee ‘‘(ii) a description of the planned or ongo- Rights Division, United States Depart- on Health, Education, Labor, and Pen- ing studies; and ment of Justice and Daniel J. Bryant sions, with amendments, as follows: ‘‘(iii) evidence that the studies are being to be Assistant Attorney General, Of- [Strike the part shown in black brackets conducted or will be conducted with due dili- fice of Legal Policy, United States De- and insert the part shown in italic.] gence and at the earliest possible time. ‘‘(4) WAIVERS.— partment of Justice. S. 650 ‘‘(A) FULL WAIVER.—On the initiative of The PRESIDING OFFICER. Without Be it enacted by the Senate and House of Rep- the Secretary or at the request of an appli- objection, it is so ordered. resentatives of the United States of America in cant, the Secretary shall grant a full waiver, SUBCOMMITTEE ON ANTITRUST, COMPETITION Congress assembled, as appropriate, of the requirement to submit POLICY, AND CONSUMER RIGHTS SECTION 1. SHORT TITLE. assessments for a drug or biological product Mr. COCHRAN. Mr. President, I ask This Act may be cited as the ‘‘Pediatric under this subsection if the applicant cer- unanimous consent that the Senate Research Equity Act of 2003’’. tifies and the Secretary finds that— Committee on the Judiciary Sub- SEC. 2. RESEARCH INTO PEDIATRIC USES FOR ‘‘(i) necessary studies are impossible or DRUGS AND BIOLOGICAL PROD- highly impracticable (because, for example, committee on Antitrust, Competition UCTS. the number of patients is so small or the pa- Policy and Consumer Rights be author- (a) IN GENERAL.—Subchapter A of chapter ized to meet to conduct a hearing on V of the Federal Food, Drug, and Cosmetic tients are geographically dispersed); ‘‘(ii) there is evidence strongly suggesting ‘‘Agriculture, Consolidation and the Act (21 U.S.C. 351 et seq.) is amended by in- serting after section 505A the following: that the drug or biological product would be Smithfield/Farmland Deal’’ on Wednes- ineffective or unsafe in all pediatric age day, July 23, 2003, at 4:00 p.m. in Room ‘‘SEC. 505B. RESEARCH INTO PEDIATRIC USES FOR DRUGS AND BIOLOGICAL PROD- groups; or 138 of the Dirksen Senate Office Build- UCTS. ‘‘(iii) the drug or biological product— ing. ‘‘(a) NEW DRUGS AND BIOLOGICAL PROD- ‘‘(I) does not represent a meaningful thera- Agenda UCTS.— peutic benefit over existing therapies for pe- ‘‘(1) IN GENERAL.—A person that submits an diatric patients; and Panel I: Senator Tim Johnson. application (or supplement to an applica- ‘‘(II) is not likely to be used in a substan- Panel II: Mr. Joseph Sebring, CEO, tion)— tial number of pediatric patients. John Morrell, Inc., Cincinnati, OH; Mr. ‘‘(A) under section 505 for a new active in- ‘‘(B) PARTIAL WAIVER.—On the initiative of William Hughes, Administrator, Divi- gredient, new indication, new dosage form, the Secretary or at the request of an appli- sion of Agricultural Development, Wis- new dosing regimen, or new route of admin- cant, the Secretary shall grant a partial consin Department of Agriculture, istration; or waiver, as appropriate, of the requirement to Trade and Consumer Protection, Madi- ‘‘(B) under section 351 of the Public Health submit assessments for a drug or biological son, WI; Dr. Luther Tweeten, Agri- Service Act (42 U.S.C. 262) for a new active product under this subsection with respect culture Consultant, Columbus, OH; Mr. ingredient, new indication, new dosage form, to a specific pediatric age group if the appli- new dosing regimen, or new route of admin- cant certifies and the Secretary finds that— Russ Kremer, President, Missouri istration; ‘‘(i) necessary studies are impossible or Farmers’ Union, Jefferson City, MO; shall submit with the application the assess- highly impracticable (because, for example, Mr. Patrick Bell, Farmer, Kenansville, ments described in paragraph (2). the number of patients in that age group is NC; and Mr. Michael Stumo, General ‘‘(2) ASSESSMENTS.— so small or patients in that age group are Counsel, Organization for Competitive ‘‘(A) IN GENERAL.—The assessments re- geographically dispersed); Markets, Winstead, CT. ferred to in paragraph (1) shall contain data, ‘‘(ii) there is evidence strongly suggesting The PRESIDING OFFICER. Without gathered using appropriate formulations for that the drug or biological product would be objection, it is so ordered. each age group for which the assessment is ineffective or unsafe in that age group; SUBCOMMITTEE ON HOUSING AND required, that are adequate— ‘‘(iii) the drug or biological product— TRANSPORTATION ‘‘(i) to assess the safety and effectiveness ‘‘(I) does not represent a meaningful thera- Mr. COCHRAN. Mr. President, I ask of the drug or the biological product for the peutic benefit over existing therapies for pe- claimed indications in all relevant pediatric diatric patients in that age group; and unanimous consent that the Sub- subpopulations; and ‘‘(II) is not likely to be used by a substan- committee on Housing and Transpor- ‘‘(ii) to support dosing and administration tial number of pediatric patients in that age tation of the Committee on Banking, for each pediatric subpopulation for which group; or Housing, and Urban Affairs be author- the drug or the biological product is safe and ‘‘(iv) the applicant can demonstrate that ized to meet during the session of the effective. reasonable attempts to produce a pediatric

VerDate Jan 31 2003 04:47 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.094 S23PT1 S9812 CONGRESSIONAL RECORD — SENATE July 23, 2003 formulation necessary for that age group that it is not possible to develop a pediatric be considered misbranded and subject to rel- have failed. formulation, the waiver shall cover only the evant enforcement action (except that the ‘‘(C) PEDIATRIC FORMULATION NOT POS- pediatric groups requiring that formulation. drug or biological product shall not be sub- SIBLE.—If a waiver is granted on the ground ‘‘(D) LABELING REQUIREMENT.—If the Sec- ject to action under section 303); but that it is not possible to develop a pediatric retary grants a full or partial waiver because ‘‘(2) the failure to submit the assessment formulation, the waiver shall cover only the there is evidence that a drug or biological or request shall not be the basis for a pro- pediatric groups requiring that formulation. product would be ineffective or unsafe in pe- ceeding— ‘‘(D) LABELING REQUIREMENT.—If the Sec- diatric populations, the information shall be ‘‘(A) to withdraw approval for a drug under retary grants a full or partial waiver because included in the labeling for the drug or bio- section 505(e); or there is evidence that a drug or biological logical product. ‘‘(B) to revoke the license for a biological product would be ineffective or unsafe in pe- ‘‘(3) RELATIONSHIP TO OTHER PEDIATRIC PRO- product under section 351 of the Public diatric populations, the information shall be VISIONS.— Health Service Act (42 U.S.C. 262). included in the labeling for the drug or bio- ‘‘(A) NO ASSESSMENT WITHOUT WRITTEN RE- ‘‘(e) MEETINGS.—Before and during the in- logical product. QUEST.—No assessment may be required vestigational process for a new drug or bio- ‘‘(b) MARKETED DRUGS AND BIOLOGICAL under paragraph (1) for a drug subject to an logical product, the Secretary shall meet at PRODUCTS.— approved application under section 505 un- appropriate times with the sponsor of the ‘‘(1) IN GENERAL.—After providing notice in less— new drug or biological product to discuss— the form of a letter and an opportunity for ‘‘(i) the Secretary has issued a written re- ‘‘(1) information that the sponsor submits written response and a meeting, which may quest for a related pediatric study under sec- on plans and timelines for pediatric studies; include an advisory committee meeting, the tion 505A(c) of this Act or section 409I of the or Secretary may (by order in the form of a let- Public Health Service Act (42 U.S.C. 284m); ‘‘(2) any planned request by the sponsor for ter) require the holder of an approved appli- ‘‘(ii)(I) if the request was made under sec- waiver or deferral of pediatric studies. cation for a drug under section 505 or the tion 505A(c)— ‘‘(f) SCOPE OF AUTHORITY.—Nothing in this holder of a license for a biological product ‘‘(aa) the recipient of the written request section provides to the Secretary any au- under section 351 of the Public Health Serv- does not agree to the request; or thority to require a pediatric assessment of ice Act (42 U.S.C. 262) to submit by a speci- ‘‘(bb) the Secretary does not receive a re- any drug or biological product, or any as- fied date the assessments described in sub- sponse as specified under section sessment regarding other populations or uses section (a)(2) if the Secretary finds that— 505A(d)(4)(A); or of a drug or biological product, other than ‘‘(A)(i) the drug or biological product is ‘‘(II) if the request was made under section the pediatric assessments described in this used for a substantial number of pediatric 409I of the Public Health Service Act (42 section. patients for the labeled indications; and U.S.C. 284m)— ‘‘(g) ORPHAN DRUGS.—Unless the Secretary ‘‘(ii) the absence of adequate labeling could ‘‘(aa) the recipient of the written request requires otherwise by regulation, this sec- pose significant risks to pediatric patients; does not agree to the request; or tion does not apply to any drug for an indi- or ‘‘(bb) the Secretary does not receive a re- ‘‘(B)(i) there is reason to believe that the cation for which orphan designation has been sponse as specified under section 409I(c)(2) of ø ¿ drug or biological product would represent a granted under section 526.’’. 526. that Act; and ‘‘(h) INTEGRATION WITH OTHER PEDIATRIC meaningful therapeutic benefit over existing ‘‘(iii)(I) the Secretary certifies under sub- therapies for pediatric patients for 1 or more STUDIES.—The authority under this section paragraph (B) that there are insufficient shall remain in effect so long as an application of the claimed indications; and funds under sections 409I and 499 of the Pub- ‘‘(ii) the absence of adequate labeling could subject to this section may be accepted for filing lic Health Service Act (42 U.S.C. 284m, 290b) by the Secretary on or before the date specified pose significant risks to pediatric patients. to conduct the study; or ‘‘(2) WAIVERS.— in section 505A(n).’’. ‘‘(II) the Secretary publishes in the Federal (b) CONFORMING AMENDMENTS.— ‘‘(A) FULL WAIVER.—At the request of an Register a certification that certifies that— applicant, the Secretary shall grant a full (1) Section 505(b)(1) of the Federal Food, ‘‘(aa) no contract or grant has been award- Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) waiver, as appropriate, of the requirement to ed under section 409I or 499 of the Public submit assessments under this subsection if is amended in the second sentence— Health Service Act (42 U.S.C. 284m, 290b); and (A) by striking ‘‘and (F)’’ and inserting the applicant certifies and the Secretary ‘‘(bb) not less than 270 days have passed finds that— ‘‘(F)’’; and since the date of a certification under sub- ‘‘(i) necessary studies are impossible or (B) by striking the period at the end and paragraph (B) that there are sufficient funds highly impracticable (because, for example, inserting ‘‘, and (G) any assessments re- to conduct the study. the number of patients in that age group is quired under section 505B.’’. ‘‘(B) NO AGREEMENT TO REQUEST.—Not later so small or patients in that age group are (2) Section 505A(h) of the Federal Food, than 60 days after determining that no hold- geographically dispersed); or Drug, and Cosmetic Act (21 U.S.C. 355a(h)) is er will agree to the written request (includ- ‘‘(ii) there is evidence strongly suggesting amended— ing a determination that the Secretary has that the drug or biological product would be (A) in the subsection heading, by striking not received a response specified under sec- ineffective or unsafe in all pediatric age ‘‘REGULATIONS’’ and inserting ‘‘PEDIATRIC tion 505A(d) of this Act or section 409I of the groups. RESEARCH REQUIREMENTS’’; and Public Health Service Act (42 U.S.C. 284m), ‘‘(B) PARTIAL WAIVER.—At the request of an (B) by striking ‘‘pursuant to regulations the Secretary shall certify whether the Sec- applicant, the Secretary shall grant a partial promulgated by the Secretary’’ and inserting retary has sufficient funds to conduct the waiver, as appropriate, of the requirement to ‘‘by a provision of law (including a regula- study under section 409I or 499 of the Public submit assessments under this subsection tion) other than this section’’. Health Service Act (42 U.S.C. 284m, 290b), with respect to a specific pediatric age group (3) Section 351(a)(2) of the Public Health taking into account the prioritization under if the applicant certifies and the Secretary Service Act (42 U.S.C. 262(a)(2)) is amended— section 409I. finds that— (A) by redesignating subparagraph (B) as EANINGFUL THERAPEUTIC BENEFIT.— ‘‘(c) M subparagraph (C); and ‘‘(i) necessary studies are impossible or For the purposes of paragraph (4)(A)(iii)(I) (B) by inserting after subparagraph (A) the highly impracticable (because, for example, and (4)(B)(iii)(I) of subsection (a) and para- following: the number of patients in that age group is graphs (1)(B)(i) and (2)(B)(iii)(I)(aa) of sub- ‘‘(B) PEDIATRIC STUDIES.—A person that so small or patients in that age group are section (b), a drug or biological product shall submits an application for a license under geographically dispersed); be considered to represent a meaningful ‘‘(ii) there is evidence strongly suggesting therapeutic benefit over existing therapies if this paragraph shall submit to the Secretary that the drug or biological product would be the Secretary estimates that— as part of the application any assessments ineffective or unsafe in that age group; ‘‘(1) if approved, the drug or biological required under section 505B of the Federal ‘‘(iii)(I) the drug or biological product— product would represent a significant im- Food, Drug, and Cosmetic Act.’’. ‘‘(aa) does not represent a meaningful provement in the treatment, diagnosis, or SEC. 3. TECHNICAL AND CONFORMING AMEND- therapeutic benefit over existing therapies prevention of a disease, compared with mar- MENTS. for pediatric patients in that age group; and keted products adequately labeled for that (a) ABBREVIATED NEW DRUG APPLICATION.— ‘‘(bb) is not likely to be used in a substan- use in the relevant pediatric population; or Section 505A of the Federal Food, Drug, and tial number of pediatric patients in that age ‘‘(2) the drug or biological product is in a Cosmetic Act (21 U.S.C. 355a) is amended in group; and class of products or for an indication for subparagraphs (A) and (B) of subsection (b)(2) ‘‘(II) the absence of adequate labeling which there is a need for additional options. and subparagraphs (A) and (B) of subsection could not pose significant risks to pediatric ‘‘(d) SUBMISSION OF ASSESSMENTS.—If a per- (c)(2) by striking ‘‘505(j)(4)(B)’’ and inserting patients; or son fails to submit an assessment described ‘‘505(j)(5)(B)’’. ‘‘(iv) the applicant can demonstrate that in subsection (a)(2), or a request for approval (b) PEDIATRIC ADVISORY COMMITTEE.— reasonable attempts to produce a pediatric of a pediatric formulation described in sub- (1) Section 505A(i)(2) of the Federal Food, formulation necessary for that age group section (a) or (b), in accordance with applica- Drug, and Cosmetic Act (21 U.S.C. 355a(i)(2)) have failed. ble provisions of subsections (a) and (b)— is amended by striking ‘‘Advisory Sub- ‘‘(C) PEDIATRIC FORMULATION NOT POS- ‘‘(1) the drug or biological product that is committee of the Anti-Infective Drugs’’ each SIBLE.—If a waiver is granted on the ground the subject of the assessment or request may place it appears.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.092 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9813 (2) Section 14 of the Best Pharmaceuticals ple did not know, what doctors did not children be tested for their safety, for for Children Act (42 U.S.C. 284m note; Public know, was what we have recently found their effectiveness, and that they be Law 107–109) is amended— out. Recently the British Government properly, then, labeled for children. (A) in the section heading, by striking has warned doctors to stop prescribing Unfortunately—and this is what ‘‘PHARMACOLOGY’’; (B) in subsection (a), by striking ‘‘(42 this drug for children, warning that the brings us to the Senate floor tonight to U.S.C. 217a),’’ and inserting (42 U.S.C. 217a) medicine increased the risk of suicide consider this bill—the Pediatric Rule or other appropriate authority,’’; or suicidal thinking among children came under legal challenge and was, in (C) in subsection (b)— with depression. This action, in turn, fact, overturned in court in October (i) in paragraph (1), by striking ‘‘and in spurred the FDA to conduct its own in- 2002, last year, by a district court. That consultation with the Director of the Na- vestigation into the safety of this drug court ruled that the FDA lacked the tional Institutes of Health’’; and for younger patients, resulting in a statutory authority to require pedi- (ii) in paragraph (2), by striking ‘‘and similar warning to physicians here in atric studies. 505A’’ and inserting ‘‘505A, and 505B’’; and What the court said was it was in- (D) by striking ‘‘pharmacology’’ each place the United States: Don’t prescribe this it appears and inserting ‘‘therapeutics’’. drug for children. cumbent upon Congress to fix it. That (3) Section 15(a)(2)(A) of the Best Pharma- That is just one example. We have is why we are here tonight. This was a ceuticals for Children Act (115 Stat. 1419) is page after page of examples of drugs troubling step backward for children’s amended by striking ‘‘Pharmacology’’. that have been prescribed to children health, considering that today 75 per- (4) Section 16(1)(C) of the Best Pharma- in the past and once we then tested cent of the medicines on the market ceuticals for Children Act (21 U.S.C. 355a them, once the protocols were done, still, even with the Better Pharma- note; Public Law 107–109) is amended by the testing was done, lo and behold, we ceutical bill and the Best Pharma- striking ‘‘Advisory Subcommittee of the found they were more effective for chil- ceutical bill, still 75 percent of the Anti-Infective Drugs’’. (5) Section 17(b)(1) of the Best Pharma- dren than we thought. Sometimes they medicines on the market today are not ceuticals for Children Act (21 U.S.C. were not effective, sometimes the pre- tested and labeled for pediatric use. 355b(b)(1)) is amended in the second sentence scriptions, the amount, the dosage that Without the Pediatric Rule in place, by striking ‘‘Advisory Subcommittee of the had been used was too much, some- without the necessary authority pro- Anti-Infective Drugs’’. times not enough. vided to the FDA, new medicines and (6) Paragraphs (8), (9), and (11) of section The facts are these. As we all know, biologics coming onto the market are 409I(c) of the Public Health Service Act (42 children are not just miniature adults. not required to be tested for use in U.S.C. 284m(c)) are amended by striking ‘‘Ad- You can’t just take the weight and just kids. Since that court decision on Oc- visory Subcommittee of the Anti-Infective Drugs’’ each place it appears. reduce the dosage. Kids react dif- tober 17, 2002, the FDA has indicated SEC. 4. EFFECTIVE DATE. ferently. That is why it is so important that over 300 medicines either have ap- (a) IN GENERAL.—This Act and the amend- to have the testing done. Yet when plications pending or incomplete stud- ments made by this Act take effect October Senator CHRIS DODD and I first started ies pending, and that unless the Pedi- 17, 2002. on this cause, 5 or 6 years ago, 80 per- atric Rule stays in place these will all (b) NO LIMITATION OF AUTHORITY.—Neither cent of the drugs that came on the be lost. Many more, hundreds more will the lack of guidance or regulations to imple- market had never been tested for chil- be lost in the future. Pediatricians will ment this Act or the amendments made by dren at all. this Act nor the pendency of the process for not know how to prescribe these drugs issuing guidance or regulations shall limit It has been over a year now since this in the future or whether to prescribe the authority of the Secretary of Health and Senate passed and the President signed them at all. Human Services under, or defer any require- into law the Best Pharmaceuticals for That is why Senator CLINTON, Sen- ment under, this Act or those amendments. Children Act. The Best Act was a bill ator DODD, and myself introduced the Mr. DEWINE. Mr. President, I rise that followed the Better Pharma- bill that we hope to pass tonight. It is this evening in support of the passage ceuticals for Children Act, which we a bill that would codify a significant of this bill, the pediatric rule. Passage passed a few years before that. That piece of the Pediatric Rule to assure of this bill will be a very important law, the Best Pharmaceuticals for Chil- that it stays in place and ensures that step in protecting the health of our dren Act, was part of the solution, just children will remain on safe footing children. This bill will help keep the part of the solution to address the when it comes to the testing of the pediatric rule in place to help ensure problem of getting medicines tested for medications that they use. the drugs we give our children when use by children. Furthermore, we need to keep the they are sick are actually tested for That law provides, as its predecessor Pediatric Rule in place right now be- use by our children. The tragic reality bill did, a 6-month patent extension to cause the Pediatric Rule and incentives is there are medicines on the market pharmaceutical companies in exchange work together to ensure that drugs are today that are being used by and pre- for the testing of medicines in chil- tested for use in children. scribed for our Nation’s children that dren. That was a voluntary law and it The Best Pharmaceuticals for Chil- are oftentimes not being tested for has worked pretty well. For as long as dren Act, as I said already, was never their use. It has been that way for the bill has been law—its predecessor intended to be a substitute for the rule years and years. was law—the Food and Drug Adminis- but, rather, to reinforce and work with For many years, doctors have had to tration reported success in ensuring the rule. For example, the Pediatric take a chance when prescribing medi- that more medicines are tested for use Rule may be invoked in instances cines for our kids. Doctors have lit- in children. With this economic incen- where pediatric information is essen- erally had to tell parents to cut the pill tive by this Best Pharmaceutical and tial but the patent exclusivity incen- in half or in quarters to be given to a Better Pharmaceutical bill in place, tive is no longer available. child. The doctors have used the best companies are seeing the value of The Pediatric Rule also applies to information they have to literally studying their drugs in children and biologics, whereas the Best Pharma- guess how much medicine to give a are applying for the patent extension, ceutical bill does not. A significant child. That is all they could do with and children are benefiting. portion of therapeutics used in chil- the medicines; they have had to guess. But the Best Pharmaceuticals incen- dren, including many cancer treat- Quite frankly, these medicines have tive cannot work alone. It was never ments or biological products—by that, been overprescribed, underprescribed, intended to work alone to ensure that of course, we mean products that in- or maybe not prescribed at all when medicines for children are properly clude a live agent. Because the Best they should have been prescribed. For tested for their use. In order to ensure Pharmaceutical law does not apply to example, recently the drug Paxil, that no medicines needed to treat chil- biologics, the Pediatric Rule is the which is an antidepressant, has been dren, including vaccines or other bio- only way to ensure proper and effective prescribed without being tested in chil- logics, would go untested, the FDA, in pediatric labeling. dren at all. Many people have heard of 1997, proposed what is known as the Pe- Finally, the Best Pharmaceutical Act this drug. Many people have heard of diatric Rule, a companion rule. The Pe- is voluntary. For any number of rea- the beneficial effects for adults with diatric Rule allowed the FDA to re- sons, including insufficient sales, a anxiety and panic disorders. What peo- quire that drugs deemed important for manufacturer simply may choose to

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.092 S23PT1 S9814 CONGRESSIONAL RECORD — SENATE July 23, 2003 not conduct the necessary testing to Again, I am very pleased that my col- In 1998, FDA issued its Pediatric receive additional exclusivity under leagues have agreed to pass our bill. It Rule, which allowed the agency to re- the ‘‘Best’’ law, and when that happens is a vital step toward ensuring that quire a drug company to test and label and the drug is not tested for kids, children are no longer a therapeutic certain drugs for children. children are the losers. But just be- afterthought. The patent exclusivity can be used cause a drug manufacturer chooses not Our bill puts children on a level play- once to study a drug. But the FDA rule to study the drug in children does not ing field with adults for the first time. can be used more than once, if needed, mean that the drug is not critical to Before I yield the floor, I would like such as when the studies requested the proper care of your children and to take this opportunity to thank the under exclusivity do not include stud- my children or grandchildren. Without many people who have worked dili- ies in infants or newborns. In some the Pediatric Rule that is in front of us gently to draft this bill and to help get cases, studies in older children are today, there is no way to guarantee it passed. I would like to thank Major- needed before studies can even be de- that a drug that is used in the pedi- ity Leader FRIST and Senators CLIN- signed for younger children and new- atric population is tested for children’s TON, DODD, GREGG, KENNEDY, and MUR- born infants. use. RAY for their leadership on this issue. The rule can be used to require test- With the establishment of the Pedi- Without their support, this bill would ing for biological products, which are atric Rule and the financial incentives not be a reality. not eligible for the extra patent exclu- of the Best Pharmaceutical law, which I would also like to thank Abby Kral sivity. The rule can also be used when will go with this, there has been a dra- of my staff for her dedication and hard a drug company decides not to seek matic increase in the number of studies work on this issue—she spent an unbe- extra patent exclusivity and does not that have been undertaken. Let me lievable amount of time on it—as well study a drug in children. Unfortunately, a Federal district quote from the Government’s Response as Christina Ho from Senator CLIN- court held that FDA does not have the to Plaintiff’s Notice of Reauthorization TON’s Staff, Ben Berwick with Senator statutory authority to issue the Pedi- of FDA Modernization Act. This is the DODD, Vince Ventimiglia with Senator atric Rule. Although the American document the Government filed to de- GREGG’s Staff, and David Dorsey with Academy of Pediatrics and the Eliza- fend the lawsuit against the rule. Senator KENNEDY. beth Glaser Pediatric AIDS Foundation Finally, I would like to recognize two These two options—Best Pharmaceuticals are appealing this decision, and we for Children Act and the Pediatric Rule— groups that provided my staff and the hope for their quick success, the Sen- have resulted in a number of drugs being la- staff of the HELP Committee with in- ate has now passed this legislation to beled for use in pediatric applications. As of valuable comments and insights—the correct the situation. March 31, 2001, 94 applications containing American Academy of Pediatrics and complete or partial pediatric use and infor- With this legislation, the essential mation have been submitted to the agency. the Elizabeth Glaser Pediatric AIDS protections of the rule will be codified Of these 94 applications, 45 are attributable Foundation. in law: There will be a presumption to the statutory exclusivity provision. FDA Thank you all for your efforts and that newly approved applications for attributes 48 of the 94 applications to the au- commitment to protecting our chil- new active ingredients, new indica- thority of the pediatric rule alone. dren’s health and safety. tions, new dosage forms, new dosing So you can see how the two must Mr. KENNEDY. Mr. President, this regimens, or new routes of administra- work together, how important the rule important bill guarantees that drugs tion for drugs and biological products is. Our legislation is a step toward as- and biological products used for chil- will include assessments of safety and suring this progress that we have made dren are tested and labeled for chil- effectiveness for all relevant pediatric so far will not erode. Our bill, as dren. It helps assure that the miracle subpopulations. These assessments will amended, provides that the FDA may cures of today can be administered to support dosing and administration only impose the pediatric study re- our children in safe and effective ways. using a pediatric formulation for all quirement for already-marketed drugs I commend Senators GREGG, CLINTON, pediatric subpopulations in which the when the pediatric exclusivity incen- DEWINE, and DODD for their effective product is safe and effective. This will tive provisions fail to yield necessary and tireless leadership to see this im- be a huge step forward for children, and pediatric information. This means that portant legislation through the Senate. will put them on an equal footing with for already-marketed drugs, drugs that And it is endorsed by the American adults. the FDA has already approved and are Academy of Pediatrics, the Elizabeth In addition, many products already already on the drugstore shelf, before Glaser Pediatric AIDS Foundation, the on the market have meaningful thera- FDA can require a company to study March of Dimes, and many other orga- peutic benefit to children or may be the drug for use in children, the incen- nizations dedicated to children’s used for a substantial number of chil- tive provisions of the Best Pharma- health. dren. However, the absence of adequate ceuticals law have to be used first. So Under this legislation, drug compa- labeling in these products poses signifi- the drug manufacturer has to choose to nies will be required to prove that their cant risks to pediatric patients. This use the incentive provisions first, be- drugs and biological products are safe legislation will allow FDA to require fore FDA can invoke the pediatric and effective for their intended use in such products to be studied in children study requirement. children. For too long, drug companies for its approved indication. The bill re- Our bill also preserves the waiver and have tested their products only in quires that FDA must first provide an deferral process so that drug companies adults. For years, companies only rare- opportunity for these studies to be con- can get waivers or deferrals for a range ly tested their drugs in children, unless ducted under the provisions of the Best of legitimate reasons. Waivers are a the drug’s use was for a juvenile dis- Pharmaceuticals for Children Act. simple concept. ease. For other drugs, the label simply However, if a product’s manufacturer Drugs, such as those used to treat said that the product had not been does not agree promptly to perform Alzheimer’s disease—those drugs that shown to be safe and effective in chil- such studies voluntarily, and if funds would not be used in children at all— dren. To use such drugs on our children are not sufficient so that the NIH or obviously should not be tested for use was a medical gamble. the Foundation for the NIH does not in children. Those drug manufacturers Fortunately, that practice began to contract or issue a grant for conduct of would be allowed to waive the pediatric change 6 years ago. In 1997, Congress the studies within a set period of time, drug study requirement. authorized 6 months of ‘‘pediatric ex- FDA may invoke the authority in this Deferrals are similar. For drug manu- clusivity’’—6 months of additional life legislation to require the studies. Al- facturers who require additional time of a drug patent if the company had though FDA never used this authority to complete the drug study or need to studied the drug in children. The extra under its Pediatric Rule, we expect get additional information in the adult patent protection was a valuable eco- FDA to use it as necessary to ensure population before beginning to study nomic incentive for drug companies to that drugs and biological products that the drug in children can, in consulta- study their drugs on children, and it are already approved are studied in tion with the FDA, defer the pediatric has been very successful in achieving children when other mechanisms to get drug studies until a later date. that goal. them studied fail.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.137 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9815 This legislation, with the managers’ ral shall be extended by the number of days rather than the traditional ‘‘shall be amendment, provides FDA with clear that is equal to the number of days between deemed to be’’ (misbranded) that is enforcement authority to bring a sei- October 17, 2002, and the date of enactment used in other provisions of the Federal zure or injunction action when a com- of this Act. Food, Drug and Cosmetic Act in order (B) WAIVER AND DEFERRAL NOT GRANTED.— pany fails to submit a required pedi- If, with respect to an application submitted to emphasized that the Secretary may atric assessment. That failure alone to the Secretary of Health and Human Serv- exercise traditional enforcement dis- will make the drug or biological prod- ices between April 1, 1999, and the date of en- cretion in deciding whether to bring uct misbranded. actment of this Act, neither a waiver nor de- such an action. The Committee recog- This legislation, with the managers’ ferral of pediatric assessments was granted nizes that the Secretary retains that amendment, clarifies that assessments under regulations of the Secretary then in discretion under other provisions of required under FDA’s Pediatric Rule effect, the person that submitted the appli- current law that use the ‘‘shall’’ for- that have not yet been submitted to cation shall be required to submit assess- ments under subsection (a)(2) of section 505B mulation. Nevertheless, the Committee FDA, whether deferred until after ap- intends for this authority to be inter- proval or not, are assessments required of the Federal Food, Drug, and Cosmetic Act on the date that is the later of— preted by the courts and to be imple- under this legislation. The legislation (i) the date that is 1 year after the date of mented by FDA in a manner consistent therefore ensures that hundreds of as- enactment of this Act; or with the agency’s enforcement authori- sessments that FDA required under its (ii) such date as the Secretary may specify ties in current law that use the ‘‘shall’’ rule will be completed for the benefit under subsection (a)(3) of that section; formulation. of the Nation’s children. unless the Secretary grants a waiver under Although this legislation is a giant subsection (a)(4) of that section. As is true with other provisions of step forward for children, I can’t help On page 19, line 7, strike ‘‘(b)’’ and insert current law, once the Secretary decides but express my disappointment that its ‘‘(c)’’. to initiate an enforcement action requirements are tied to the pediatric PEDIATRICS RESEARCH AUTHORITY under section 505B(d), no formal find- exclusivity provision that sunsets in Mr. GREGG. Mr. President, I rise to ing or other proceeding is required. 2007. Adults are guaranteed that new speak to a managers’ amendment to S. Moreover, it is not necessary for the drugs will be reviewed for safety and 650, the Pediatric Research Equity Act. Secretary to identify any other mis- effectiveness for them before they are This amendment makes improvements branding authority in the act. The new approved by the FDA. Our Nation’s to the legislation as reported out of the authority conferred by section 505B(d) children deserve no less. They should Committee on Health, Education, is sufficient. For example, the failure not have to come back in 4 years to Labor and Pensions in June. Because of a sponsor to submit pediatric studies plead for the right to safe and effective these improvements were made after in accordance with the requirements of medicines. the committee report was filed, this the legislation alone would be a suffi- Again, I commend my colleagues for statement is intended to serve as the cient basis to prosecute an action in reaching bipartisan agreement on this committee’s views on the amended leg- federal district court. important initiative for children. I islation. This statement was shared The managers of the bill have agreed urge the House to act promptly to pass with the other committee members and to the extraordinary retroactive appli- this bill so that children may quickly has their concurrence. cation of the provisions of the new re- be protected by this legislation. Mr. KENNEDY. Mr. President, the search authority in order to avoid even Mr. DEWINE. Mr. President, I ask Democratic sponsors of the bill and I unanimous consent that the committee concur with this statement. greater potential harm to children amendment be agreed to, the Gregg Mr. GREGG. Mr. President, the pur- through the loss of research and agen- amendment be agreed to, that the bill, pose of this legislation is to provide cy resources should assessments, waiv- as amended, be read a third time and FDA with statutory authority to re- ers, and deferrals under the Pediatric passed, the motion to reconsider be quire pediatric studies in specified cir- Rule be considered invalid following laid upon the table, and that any state- cumstances. In October 2002, a Federal the recent district court decision in- ments and colloquies relating to the district court held that existing law validating the rule. This application bill be printed in the RECORD. did not provide FDA the authority to should not be considered approval of The PRESIDING OFFICER. Without issue a regulation requiring pediatric the agency’s interpretation of its au- objection, it is so ordered. studies for drugs marketed to adults thority nor disagreement of the court’s The committee amendment was but important to children. Although ruling. In the extraordinary situation agreed to. this decision is being appealed, this at hand, the managers’ amendment The amendment (No. 1360) was agreed legislation will provide the agency modifies the effective date provision of to, as follows: with definitive statutory authority to the legislation to ensure a seamless AMENDMENT NO. 1360 require pediatric studies of new and al- transition of the pediatric study re- On page 14, line 18, after ‘‘misbranded’’, in- ready marketed drugs and biologics in quirement from the Pediatric rule to sert ‘‘solely because of that failure’’. the circumstances specified in the leg- this legislation. The intent is that On page 19, strike lines 5 and 6 and insert islation and to enforce any violations waivers and deferrals of the study re- the following: of those requirements in Federal court. quirement previously granted under (a) IN GENERAL.—Subject to subsection (b), this Act and the amendments made by this This has always been the intent of S. the rule be deemed to be in effect under Act take effect on the date of enactment of 650. After the legislation was marked the legislation. A sponsor that received this Act. up in committee, the managers of the a deferral under the rule would have (b) APPLICABILITY TO NEW DRUGS AND BIO- bill agreed to amend the language in the original deferral date extended by LOGICAL PRODUCTS.— section 505B(d) to make this intent the number of days between October 17, (1) IN GENERAL.—Subsection (a) of section even clearer. 2002, and the date of enactment of this 505B of the Federal Food, Drug, and Cos- The enforcement mechanism in sec- legislation. metic Act (as added by section 2) shall apply tion 505B(d) provides that if a person to an application described in paragraph (1) A sponsor that submitted an applica- fails to submit an assessment described of that subsection submitted to the Sec- tion in the time period between April 1, in subsection (a)(2) or a request for ap- retary of Health and Human Services on or 1999, and the date of enactment of this proval of a pediatric formulation de- after April 1, 1999. legislation that was not granted a AIVERS AND DEFERRALS scribed in subsection (a) or (b) under (2) W .— waiver or deferral under the rule would (A) WAIVER OR DEFERRAL GRANTED.—If, the new law, ‘‘the drug or biological be required to submit pediatric assess- with respect to an application submitted to product that is the subject of the as- the Secretary of Health and Human Services sessment or request may be considered ments unless granted a waiver by FDA. between April 1, 1999, and the date of enact- misbranded solely because of such fail- However, no submission by a sponsor ment of this Act, a waiver or deferral of pedi- ure.’’ This language confers on the Sec- would be due until 12 months after the atric assessments was granted under regula- date of enactment of this legislation or tions of the Secretary then in effect, the retary authority to bring a mis- branding action where a violation has until a date specified by FDA under waiver or deferral shall be a waiver or defer- section 505B(a)(3), whichever is later. ral under subsection (a) of section 505B of the occurred. Federal Food, Drug, and Cosmetic Act, ex- The committee has used the language Mr. KENNEDY. Mr. President, Al- cept that any date specified in such a defer- ‘‘may be considered’’ (misbranded) though I and the Democratic sponsors

VerDate Jan 31 2003 04:47 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.139 S23PT1 S9816 CONGRESSIONAL RECORD — SENATE July 23, 2003 of the bill disagree with the chairman’s ‘‘SEC. 505B. RESEARCH INTO PEDIATRIC USES ineffective or unsafe in all pediatric age view that the agency lacked the au- FOR DRUGS AND BIOLOGICAL PROD- groups; or UCTS. thority to promulgate the Pediatric ‘‘(iii) the drug or biological product— Rule and his view that the Federal dis- ‘‘(a) NEW DRUGS AND BIOLOGICAL PROD- ‘‘(I) does not represent a meaningful thera- UCTS.— peutic benefit over existing therapies for pe- trict court ruling invalidating the rule diatric patients; and was correct, we do agree with the ‘‘(1) IN GENERAL.—A person that submits an application (or supplement to an applica- ‘‘(II) is not likely to be used in a substan- chairman’s statements regarding the tion)— tial number of pediatric patients. need to apply the requirements of this ‘‘(A) under section 505 for a new active in- ‘‘(B) PARTIAL WAIVER.—On the initiative of legislation retroactively to ensure that gredient, new indication, new dosage form, the Secretary or at the request of an appli- no pediatric studies are lost in the new dosing regimen, or new route of admin- cant, the Secretary shall grant a partial transition from the rule to this legisla- istration; or waiver, as appropriate, of the requirement to tion. ‘‘(B) under section 351 of the Public Health submit assessments for a drug or biological product under this subsection with respect Mr. GREGG. Mr. President, S. 650 Service Act (42 U.S.C. 262) for a new active ingredient, new indication, new dosage form, to a specific pediatric age group if the appli- provides FDA the statutory authority cant certifies and the Secretary finds that— new dosing regimen, or new route of admin- to require that new and already mar- ‘‘(i) necessary studies are impossible or istration; keted drugs and biological products be highly impracticable (because, for example, shall submit with the application the assess- the number of patients in that age group is studied in children in specified cir- ments described in paragraph (2). so small or patients in that age group are cumstances. This authority is intended ‘‘(2) ASSESSMENTS.— geographically dispersed); to work in a complementary fashion ‘‘(A) IN GENERAL.—The assessments re- ‘‘(ii) there is evidence strongly suggesting with pediatric exclusivity. With regard ferred to in paragraph (1) shall contain data, that the drug or biological product would be gathered using appropriate formulations for to already marketed products, S. 650 ineffective or unsafe in that age group; each age group for which the assessment is provides that FDA require pediatric ‘‘(iii) the drug or biological product— required, that are adequate— testing only after pediatric exclusivity ‘‘(I) does not represent a meaningful thera- and the National Institutes of Health ‘‘(i) to assess the safety and effectiveness peutic benefit over existing therapies for pe- grant and contract provisions con- of the drug or the biological product for the diatric patients in that age group; and claimed indications in all relevant pediatric tained in sections 409I and 499 of the ‘‘(II) is not likely to be used by a substan- subpopulations; and tial number of pediatric patients in that age Public Health service Act have failed ‘‘(ii) to support dosing and administration to produce the necessary studies. How- group; or for each pediatric subpopulation for which ‘‘(iv) the applicant can demonstrate that ever, nothing in S. 650 requires FDA to the drug or the biological product is safe and reasonable attempts to produce a pediatric wait until the voluntary mechanisms effective. formulation necessary for that age group have failed or been exhausted before in- ‘‘(B) SIMILAR COURSE OF DISEASE OR SIMILAR have failed. voking the pediatric studies require- EFFECT OF DRUG OR BIOLOGICAL PRODUCT.— ‘‘(C) PEDIATRIC FORMULATION NOT POS- ment for new drug applications under ‘‘(i) IN GENERAL.—If the course of the dis- SIBLE.—If a waiver is granted on the ground section 505 of the Federal Food, drug ease and the effects of the drug are suffi- that it is not possible to develop a pediatric ciently similar in adults and pediatric pa- formulation, the waiver shall cover only the and Cosmetic Act or biological license tients, the Secretary may conclude that pe- applications under section 351 of the pediatric groups requiring that formulation. diatric effectiveness can be extrapolated ‘‘(D) LABELING REQUIREMENT.—If the Sec- Public Health service Act. On the con- from adequate and well-controlled studies in retary grants a full or partial waiver because trary, S. 650 creates the presumption adults, usually supplemented with other in- there is evidence that a drug or biological that new drugs and biologics will be formation obtained in pediatric patients, product would be ineffective or unsafe in pe- studied before approval unless a waiver such as pharmacokinetic studies. diatric populations, the information shall be or deferral is granted. ‘‘(ii) EXTRAPOLATION BETWEEN AGE included in the labeling for the drug or bio- Mr. KENNEDY. Mr. President, I GROUPS.—A study may not be needed in each logical product. agree with the Senator. Does he agree pediatric age group if data from 1 age group ‘‘(b) MARKETED DRUGS AND BIOLOGICAL as well, that, in accordance with the can be extrapolated to another age group. PRODUCTS.— ‘‘(3) DEFERRAL.—On the initiative of the ‘‘(1) IN GENERAL.—After providing notice in plain language of the legislation, FDA Secretary or at the request of the applicant, the form of a letter and an opportunity for shall grant a waiver of the requirement the Secretary may defer submission of some written response and a meeting, which may to submit pediatric assessments only if or all assessments required under paragraph include an advisory committee meeting, the the applicant certifies and the Sec- (1) until a specified date after approval of the Secretary may (by order in the form of a let- retary finds that the conditions speci- drug or issuance of the license for a biologi- ter) require the holder of an approved appli- fied in 505B(a)(4) and 505B(b)(2) exist? cal product if— cation for a drug under section 505 or the By using the word ‘‘including’’ before ‘‘(A) the Secretary finds that— holder of a license for a biological product listing the circumstances under which ‘‘(i) the drug or biological product is ready under section 351 of the Public Health Serv- for approval for use in adults before pediatric ice Act (42 U.S.C. 262) to submit by a speci- FDA shall grant a full or partial waiver studies are complete; fied date the assessments described in sub- in the committee report for S. 650, the ‘‘(ii) pediatric studies should be delayed section (a)(2) if the Secretary finds that— committee does not intend that any until additional safety or effectiveness data ‘‘(A)(i) the drug or biological product is conditions or circumstances other than have been collected; or used for a substantial number of pediatric those specifically stated in 505B(a)(4) ‘‘(iii) there is another appropriate reason patients for the labeled indications; and and 505B(b)(2) serve as the basis for for deferral; and ‘‘(ii) the absence of adequate labeling could FDA granting a full or partial waiver ‘‘(B) the applicant submits to the Sec- pose significant risks to pediatric patients; of the requirements of the legislation. retary— or Mr. GREGG. Mr. President, I do, and ‘‘(i) certification of the grounds for defer- ‘‘(B)(i) there is reason to believe that the I thank the Senator for his work on ring the assessments; drug or biological product would represent a ‘‘(ii) a description of the planned or ongo- meaningful therapeutic benefit over existing this bill and the report. ing studies; and therapies for pediatric patients for 1 or more The bill (S. 650), as amended, was ‘‘(iii) evidence that the studies are being of the claimed indications; and read the third time and passed as fol- conducted or will be conducted with due dili- ‘‘(ii) the absence of adequate labeling could lows: gence and at the earliest possible time. pose significant risks to pediatric patients. S. 650 ‘‘(4) WAIVERS.— ‘‘(2) WAIVERS.— Be it enacted by the Senate and House of Rep- ‘‘(A) FULL WAIVER.—On the initiative of ‘‘(A) FULL WAIVER.—At the request of an resentatives of the United States of America in the Secretary or at the request of an appli- applicant, the Secretary shall grant a full Congress assembled, cant, the Secretary shall grant a full waiver, waiver, as appropriate, of the requirement to SECTION 1. SHORT TITLE. as appropriate, of the requirement to submit submit assessments under this subsection if This Act may be cited as the ‘‘Pediatric assessments for a drug or biological product the applicant certifies and the Secretary Research Equity Act of 2003’’. under this subsection if the applicant cer- finds that— SEC. 2. RESEARCH INTO PEDIATRIC USES FOR tifies and the Secretary finds that— ‘‘(i) necessary studies are impossible or DRUGS AND BIOLOGICAL PROD- ‘‘(i) necessary studies are impossible or highly impracticable (because, for example, UCTS. highly impracticable (because, for example, the number of patients in that age group is (a) IN GENERAL.—Subchapter A of chapter the number of patients is so small or the pa- so small or patients in that age group are V of the Federal Food, Drug, and Cosmetic tients are geographically dispersed); geographically dispersed); or Act (21 U.S.C. 351 et seq.) is amended by in- ‘‘(ii) there is evidence strongly suggesting ‘‘(ii) there is evidence strongly suggesting serting after section 505A the following: that the drug or biological product would be that the drug or biological product would be

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.098 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9817 ineffective or unsafe in all pediatric age tion 505A(d) of this Act or section 409I of the (A) in the subsection heading, by striking groups. Public Health Service Act (42 U.S.C. 284m), ‘‘REGULATIONS’’ and inserting ‘‘PEDIATRIC ‘‘(B) PARTIAL WAIVER.—At the request of an the Secretary shall certify whether the Sec- RESEARCH REQUIREMENTS’’; and applicant, the Secretary shall grant a partial retary has sufficient funds to conduct the (B) by striking ‘‘pursuant to regulations waiver, as appropriate, of the requirement to study under section 409I or 499 of the Public promulgated by the Secretary’’ and inserting submit assessments under this subsection Health Service Act (42 U.S.C. 284m, 290b), ‘‘by a provision of law (including a regula- with respect to a specific pediatric age group taking into account the prioritization under tion) other than this section’’. if the applicant certifies and the Secretary section 409I. (3) Section 351(a)(2) of the Public Health finds that— ‘‘(c) MEANINGFUL THERAPEUTIC BENEFIT.— Service Act (42 U.S.C. 262(a)(2)) is amended— ‘‘(i) necessary studies are impossible or For the purposes of paragraph (4)(A)(iii)(I) (A) by redesignating subparagraph (B) as highly impracticable (because, for example, and (4)(B)(iii)(I) of subsection (a) and para- subparagraph (C); and the number of patients in that age group is graphs (1)(B)(i) and (2)(B)(iii)(I)(aa) of sub- (B) by inserting after subparagraph (A) the so small or patients in that age group are section (b), a drug or biological product shall following: geographically dispersed); be considered to represent a meaningful ‘‘(B) PEDIATRIC STUDIES.—A person that ‘‘(ii) there is evidence strongly suggesting therapeutic benefit over existing therapies if submits an application for a license under that the drug or biological product would be the Secretary estimates that— this paragraph shall submit to the Secretary ineffective or unsafe in that age group; ‘‘(1) if approved, the drug or biological as part of the application any assessments ‘‘(iii)(I) the drug or biological product— product would represent a significant im- required under section 505B of the Federal ‘‘(aa) does not represent a meaningful provement in the treatment, diagnosis, or Food, Drug, and Cosmetic Act.’’. therapeutic benefit over existing therapies prevention of a disease, compared with mar- for pediatric patients in that age group; and SEC. 3. TECHNICAL AND CONFORMING AMEND- keted products adequately labeled for that MENTS. ‘‘(bb) is not likely to be used in a substan- use in the relevant pediatric population; or (a) ABBREVIATED NEW DRUG APPLICATION.— tial number of pediatric patients in that age ‘‘(2) the drug or biological product is in a group; and Section 505A of the Federal Food, Drug, and class of products or for an indication for Cosmetic Act (21 U.S.C. 355a) is amended in ‘‘(II) the absence of adequate labeling which there is a need for additional options. could not pose significant risks to pediatric subparagraphs (A) and (B) of subsection (b)(2) ‘‘(d) SUBMISSION OF ASSESSMENTS.—If a per- and subparagraphs (A) and (B) of subsection patients; or son fails to submit an assessment described ‘‘(iv) the applicant can demonstrate that (c)(2) by striking ‘‘505(j)(4)(B)’’ and inserting in subsection (a)(2), or a request for approval ‘‘505(j)(5)(B)’’. reasonable attempts to produce a pediatric of a pediatric formulation described in sub- (b) PEDIATRIC ADVISORY COMMITTEE.— formulation necessary for that age group section (a) or (b), in accordance with applica- have failed. (1) Section 505A(i)(2) of the Federal Food, ble provisions of subsections (a) and (b)— ‘‘(C) PEDIATRIC FORMULATION NOT POS- Drug, and Cosmetic Act (21 U.S.C. 355a(i)(2)) ‘‘(1) the drug or biological product that is SIBLE.—If a waiver is granted on the ground is amended by striking ‘‘Advisory Sub- the subject of the assessment or request may that it is not possible to develop a pediatric committee of the Anti-Infective Drugs’’ each be considered misbranded solely because of formulation, the waiver shall cover only the place it appears. that failure and subject to relevant enforce- pediatric groups requiring that formulation. (2) Section 14 of the Best Pharmaceuticals ment action (except that the drug or biologi- ‘‘(D) LABELING REQUIREMENT.—If the Sec- for Children Act (42 U.S.C. 284m note; Public cal product shall not be subject to action retary grants a full or partial waiver because Law 107–109) is amended— under section 303); but there is evidence that a drug or biological (A) in the section heading, by striking ‘‘(2) the failure to submit the assessment product would be ineffective or unsafe in pe- ‘‘PHARMACOLOGY’’; or request shall not be the basis for a pro- diatric populations, the information shall be (B) in subsection (a), by striking ‘‘(42 ceeding— included in the labeling for the drug or bio- U.S.C. 217a),’’ and inserting (42 U.S.C. 217a) ‘‘(A) to withdraw approval for a drug under logical product. or other appropriate authority,’’; section 505(e); or ‘‘(3) RELATIONSHIP TO OTHER PEDIATRIC PRO- (C) in subsection (b)— ‘‘(B) to revoke the license for a biological VISIONS.— (i) in paragraph (1), by striking ‘‘and in product under section 351 of the Public ‘‘(A) NO ASSESSMENT WITHOUT WRITTEN RE- consultation with the Director of the Na- Health Service Act (42 U.S.C. 262). QUEST.—No assessment may be required tional Institutes of Health’’; and ‘‘(e) MEETINGS.—Before and during the in- under paragraph (1) for a drug subject to an (ii) in paragraph (2), by striking ‘‘and vestigational process for a new drug or bio- approved application under section 505 un- 505A’’ and inserting ‘‘505A, and 505B’’; and logical product, the Secretary shall meet at less— (D) by striking ‘‘pharmacology’’ each place appropriate times with the sponsor of the ‘‘(i) the Secretary has issued a written re- it appears and inserting ‘‘therapeutics’’. new drug or biological product to discuss— quest for a related pediatric study under sec- (3) Section 15(a)(2)(A) of the Best Pharma- ‘‘(1) information that the sponsor submits tion 505A(c) of this Act or section 409I of the ceuticals for Children Act (115 Stat. 1419) is on plans and timelines for pediatric studies; Public Health Service Act (42 U.S.C. 284m); amended by striking ‘‘Pharmacology’’. or ‘‘(ii)(I) if the request was made under sec- (4) Section 16(1)(C) of the Best Pharma- ‘‘(2) any planned request by the sponsor for tion 505A(c)— ceuticals for Children Act (21 U.S.C. 355a waiver or deferral of pediatric studies. ‘‘(aa) the recipient of the written request note; Public Law 107–109) is amended by does not agree to the request; or ‘‘(f) SCOPE OF AUTHORITY.—Nothing in this striking ‘‘Advisory Subcommittee of the ‘‘(bb) the Secretary does not receive a re- section provides to the Secretary any au- Anti-Infective Drugs’’. sponse as specified under section thority to require a pediatric assessment of (5) Section 17(b)(1) of the Best Pharma- 505A(d)(4)(A); or any drug or biological product, or any as- ceuticals for Children Act (21 U.S.C. ‘‘(II) if the request was made under section sessment regarding other populations or uses 355b(b)(1)) is amended in the second sentence 409I of the Public Health Service Act (42 of a drug or biological product, other than by striking ‘‘Advisory Subcommittee of the U.S.C. 284m)— the pediatric assessments described in this Anti-Infective Drugs’’. ‘‘(aa) the recipient of the written request section. (6) Paragraphs (8), (9), and (11) of section does not agree to the request; or ‘‘(g) ORPHAN DRUGS.—Unless the Secretary 409I(c) of the Public Health Service Act (42 ‘‘(bb) the Secretary does not receive a re- requires otherwise by regulation, this sec- U.S.C. 284m(c)) are amended by striking ‘‘Ad- sponse as specified under section 409I(c)(2) of tion does not apply to any drug for an indi- visory Subcommittee of the Anti-Infective that Act; and cation for which orphan designation has been Drugs’’ each place it appears. ‘‘(iii)(I) the Secretary certifies under sub- granted under section 526. paragraph (B) that there are insufficient ‘‘(h) INTEGRATION WITH OTHER PEDIATRIC SEC. 4. EFFECTIVE DATE. funds under sections 409I and 499 of the Pub- STUDIES.—The authority under this section (a) IN GENERAL.—Subject to subsection (b), lic Health Service Act (42 U.S.C. 284m, 290b) shall remain in effect so long as an applica- this Act and the amendments made by this to conduct the study; or tion subject to this section may be accepted Act take effect on the date of enactment of ‘‘(II) the Secretary publishes in the Federal for filing by the Secretary on or before the this Act. Register a certification that certifies that— date specified in section 505A(n).’’. (b) APPLICABILITY TO NEW DRUGS AND BIO- ‘‘(aa) no contract or grant has been award- (b) CONFORMING AMENDMENTS.— LOGICAL PRODUCTS.— ed under section 409I or 499 of the Public (1) Section 505(b)(1) of the Federal Food, (1) IN GENERAL.—Subsection (a) of section Health Service Act (42 U.S.C. 284m, 290b); and Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) 505B of the Federal Food, Drug, and Cos- ‘‘(bb) not less than 270 days have passed is amended in the second sentence— metic Act (as added by section 2) shall apply since the date of a certification under sub- (A) by striking ‘‘and (F)’’ and inserting to an application described in paragraph (1) paragraph (B) that there are sufficient funds ‘‘(F)’’; and of that subsection submitted to the Sec- to conduct the study. (B) by striking the period at the end and retary of Health and Human Services on or ‘‘(B) NO AGREEMENT TO REQUEST.—Not later inserting ‘‘, and (G) any assessments re- after April 1, 1999. than 60 days after determining that no hold- quired under section 505B.’’. (2) WAIVERS AND DEFERRALS.— er will agree to the written request (includ- (2) Section 505A(h) of the Federal Food, (A) WAIVER OR DEFERRAL GRANTED.—If, ing a determination that the Secretary has Drug, and Cosmetic Act (21 U.S.C. 355a(h)) is with respect to an application submitted to not received a response specified under sec- amended— the Secretary of Health and Human Services

VerDate Jan 31 2003 04:47 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.106 S23PT1 S9818 CONGRESSIONAL RECORD — SENATE July 23, 2003 between April 1, 1999, and the date of enact- priate dosage for a child cannot be de- new use of a drug is discovered and ment of this Act, a waiver or deferral of pedi- termined simply by extrapolating from safety or dosing information for that atric assessments was granted under regula- adults. Yet, until the rule and the in- new use is needed. Exclusivity can only tions of the Secretary then in effect, the centives program were enacted, this is be applied once, even if an important waiver or deferral shall be a waiver or defer- new use for a product is found. Also, ral under subsection (a) of section 505B of the exactly what pediatricians were forced Federal Food, Drug, and Cosmetic Act, ex- to do. Roughly 75 percent of all pre- because the incentives are voluntary, cept that any date specified in such a defer- scription drugs on the market today for any number of reasons a manufac- ral shall be extended by the number of days have never been properly tested for turer may choose not to conduct the that is equal to the number of days between safe use by children. necessary testing. Without the rule October 17, 2002, and the date of enactment As a result, children have suffered there is no way to guarantee that a of this Act. needlessly. For example, new tests on drug that may be critically important (B) WAIVER AND DEFERRAL NOT GRANTED.— the epilepsy drug Neurontin have to children’s health is tested. If, with respect to an application submitted I would be remiss if I did not mention to the Secretary of Health and Human Serv- shown that higher dosages than ex- pected are needed for children under 5. one provision in this legislation with ices between April 1, 1999, and the date of en- which I disagree. As a result of this actment of this Act, neither a waiver nor de- For years, pediatricians simply be- ferral of pediatric assessments was granted lieved that Neurontin was a drug that provision, the authority that we clear- under regulations of the Secretary then in was ineffective for children. ly provide to FDA with this bill will effect, the person that submitted the appli- In 1997, Congress enacted legislation, sunset in 2007. While I believe that cation shall be required to submit assess- introduced by Senator DEWINE and my- FDA has the authority to enforce the ments under subsection (a)(2) of section 505B self, to provide drug companies with an rule even without this legislation, that of the Federal Food, Drug, and Cosmetic Act economic incentive to test their prod- has clearly been called into question on the date that is the later of— ucts to ensure their safety in children. given the District Court ruling. There- (i) the date that is 1 year after the date of fore, it is imperative that we unequivo- enactment of this Act; or This was followed by enactment of the Pediatric Rule in 1999, which worked cally and permanently provide the (ii) such date as the Secretary may specify FDA with statutory authority to re- under subsection (a)(3) of that section; with the incentive by giving the Food unless the Secretary grants a waiver under and Drug Administration (FDA) the quire pediatric testing. Unfortunately, subsection (a)(4) of that section. authority to require that drugs and as it now stands that critical authority will expire in 2007 unless reauthorized. (c) NO LIMITATION OF AUTHORITY.—Neither biologics important to children be test- the lack of guidance or regulations to imple- It is my view that such a reauthor- ed and formulated for their use. ment this Act or the amendments made by ization should not be necessary. We Working as complements to each this Act nor the pendency of the process for take it for granted that studies will be other, the rule and the incentive pro- issuing guidance or regulations shall limit done to assure that the drugs that vided tremendous results. Between the authority of the Secretary of Health and adults use are safe and effective. Why Human Services under, or defer any require- April 1999 and March 2002, research was should the assumption be any different ment under, this Act or those amendments. completed on the safety and effective- for children? FDA should always have Mr. DODD. Mr. President, I rise ness in children of roughly 100 days. today to applaud my colleagues for the authority to make sure that the These medicines were for the treat- drugs that kids use have been tested passing the Pediatric Research Equity ment of, among other things, HIV/ Act of 2003, and to thank all of those for their use. This is not something AIDS, diabetes, asthma pain and ar- that Congress should have to reauthor- who have worked so hard on this issue. thritis. In addition, studies of hundreds ize every 5 years. Kids should not have This legislation represents a truly bi- more drugs are in the pipeline. to come back to Congress every 5 years partisan compromise, and I deeply ap- But continued success of this mag- to fight for the basic right to safe preciate the commitment to this issue nitude is dependent on the existence of drugs. shown by Senators DEWINE, CLINTON, both the rule and the incentive pro- Despite my concern with the sunset GREGG, and KENNEDY. I also acknowl- gram. FDA has stated that approxi- provision, I strongly support this bill. edge the invaluable role played by the mately half of the completed studies The voluntary program has been a American Academy of Pediatrics and were due to the authority provided by huge success, but its limitations can be the Elizabeth Glaser Pediatric AIDS the Pediatric Rule. addressed by passage of this legisla- Foundation. Unfortunately, in October of last tion. Simply put, taking any tool off Quite simply, this legislation will year, the U.S. District Court for the the table that promotes pediatric test- make our children safer. It will ensure District of Columbia ruled that FDA ing is at odds with our overarching that they have access to prescription does not have the authority to enforce goal of ensuring that medicines are drugs that have been properly evalu- the rule. This decision represented a safe and available for our children. ated for their use. It will remove the step backwards for children’s health. That is why we must protect the rule guesswork often done by pediatricians We can hardly afford to do without the and ensure that our efforts for kids will about what drugs are appropriate for a rule when we still do not have nec- not be diminished. The Pediatric Re- child, and in what dosages. And it will essary information for kids for a ma- search Equity Act of 2003 will do ex- accomplish all of this by codifying into jority of the medicines on the market. actly that. statutory language a tool that has al- The legislation that we passed today I sincerely hope that the House will ready been shown to be effective: the will give the FDA clear authority to pass this bill as soon as possible, pref- Pediatric Rule. require that drugs be tested and formu- erably without any changes so that we The Pediatric Rule went into effect lated for children. Companies should can send it to the President to be in April of 1999 and was intended to continue to have access to voluntary signed into law without delay. work in conjunction with a voluntary incentives, but the rule must be in Mrs. CLINTON. Mr. President, I rise incentives program that Congress place to ensure that as many products to mark the passage on the Senate passed in 1997 and was reauthorized as possible are studied for use in chil- floor of a bill, S. 650, that will assure last year. Both the incentives program dren. the safety and efficacy of medicines for and the rule were put into place to ad- For example, the rule captures a children, and address a problem that dress an unmet need that had poten- class of products, specifically biologics, pediatricians, parents, and children’s tially serious consequences to the for which market exclusivity incen- advocates have worked on for decades. health of children. tives do not apply. There are a number A great deal of work went into this Children are not just small versions of biologic products used to treat can- bill. So many hardworking, dedicated of adults when it comes to drugs. Some cer in children for which information Senators made the effort on a bipar- drugs that are completely safe for about their specific use—safety and ef- tisan basis to come together around adults may be very harmful to chil- ficacy—in kids would be vital. Only the this important issue. In particular I dren. In addition, some needed drugs rule would apply here. want to thank Senators DEWINE, DODD, are not available in a formulation that The rule can also be applied as need- GREGG, and KENNEDY. Senators DEWINE a child can take, such as a liquid or ed during the life of a drug as more in- and DODD and I now have worked on pe- chewable tablet. Finally, the appro- formation is required. For example, if a diatric research for many years, and we

VerDate Jan 31 2003 04:47 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.106 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9819 will continue to be around to work on vocacy. I also appreciate working with mation system’’ means an automated com- behalf of children, who, without dedi- Phrma to get to this point and hope to puter software system that can be used to cated advocates like Senators DEWINE continue to work with them in order to manage clinical, financial, and reporting in- formation for Indian behavioral health care and DODD, would not have a political move this bill quickly into law. programs. voice. f ø(2) FEDERAL AGENCY.—The term ‘‘Federal Last year this bill was passed out of NATIVE AMERICAN ALCOHOL AND agency’’ has the meaning given the term committee but held up on the floor to- ‘‘agency’’ in section 551 of title 5, United ward the end of session. Unfortunately, SUBSTANCE ABUSE PROGRAM States Code. that meant no backstop was in place to CONSOLIDATION ACT OF 2003 ø(3) INDIAN.—The term ‘‘Indian’’ has the assure the continuation of a minimum Mr. DEWINE. Mr. President, I ask meaning given the term in section 4 of the baseline protection for children when unanimous consent that the Senate Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). last October, a District Court judge proceed to the immediate consider- ø(4) INDIAN BEHAVIORAL HEALTH CARE PRO- ation of calendar No. 143, S. 285. struck down the 1998 FDA Pediatric GRAM.—The term ‘‘Indian behavioral health Rule, based on his view that Congress The PRESIDING OFFICER. The care program’’ means a federally funded pro- did not intend to charge FDA with clerk will report the bill by title. gram, for the benefit of Indians, to prevent, making sure our children are pro- The assistant legislative clerk read diagnose, or treat, or enhance the ability to tected. Today, we pass legislation to as follows: prevent, diagnose, or treat— clarify that FDA authority to assure A bill (S. 285) to authorize the integration ø(A) mental health problems; or ø safe, effective medicines for children is and consolidation of alcohol and substance (B) alcohol or other substance abuse prob- lems. exactly what we intend. abuse programs and services provided by In- dian tribal governments, and for other pur- ø(5) INDIAN TRIBE.— This bill was the product of com- ø poses. (A) IN GENERAL.—The term ‘‘Indian tribe’’ promise. We all worked hard and made has the meaning given the term in section 4 concessions on all sides to craft the There being no objection, the Senate of the Indian Self Determination and Edu- language the Senate was able to pass proceeded to consider the bill which cation Assistance Act (25 U.S.C. 450b). today. Some of us would have preferred had been reported from the Committee ø(B) INCLUSIONS.—The term ‘‘Indian tribe’’, a strong, permanent assurance for chil- on Indian Affairs, with an amendment in a case in which an intertribal consortium, dren, and not a sunset of these crucial to strike all after the enacting clause tribal organization, or Indian health center is authorized to carry out 1 or more pro- protections in 2007. Indeed, because the and inserting in lieu thereof the fol- lowing: grams, services, functions, or activities of an purpose of this legislation was to ad- Indian tribe under this Act, includes the dress the uncertainty caused by the [Strike the part shown in black brackets intertribal consortium, tribal organization, court-triggered lapse of pediatric stud- and insert the part shown in italic.] or Indian health center. ies, not codify such a lapse into stat- S. 285 ø(6) SECRETARY.—The term ‘‘Secretary’’ ute, I cannot support the sunset provi- Be it enacted by the Senate and House of Rep- means the Secretary of Health and Human sion. resentatives of the United States of America in Services. But others may have wished to Congress assembled, ø(7) SUBSTANCE ABUSE.—The term ‘‘sub- change other aspects of the bill. So we øSECTION 1. SHORT TITLE. stance abuse’’ includes— ø ø(A) the illegal use or abuse of a drug or an were able to give on each side for the This Act may be cited as the ‘‘Native American Alcohol and Substance Abuse Pro- inhalant; and sake of moving forward on a central ac- gram Consolidation Act of 2003’’. ø(B) the abuse of tobacco or a related prod- complishment providing FDA with un- øSEC. 2. PURPOSES. uct. ø disputed, unencumbered authority to øThe purposes of this Act are— SEC. 4. PLANS. ø require and enforce studies of whether ø(1) to enable Indian tribes to consolidate The Secretary, in cooperation with the medicines important for children are and integrate alcohol and other substance Secretary of Labor, the Secretary of the In- also safe and effective for children. Our abuse prevention, diagnosis, and treatment terior, the Secretary of Education, the Sec- programs, and mental health and related retary of Housing and Urban Development, managers’ amendment and the col- the Attorney General, and the Secretary of programs, to provide unified and more effec- loquy we submitted today reinforce Transportation, as appropriate, shall, on re- tive and efficient services to Indians af- that as the goal we all share here today ceipt of a plan acceptable to the Secretary flicted with mental health, alcohol, or other in passing this language. that is submitted by an Indian tribe, author- substance abuse problems; I want to take a moment to bring ø ize the Indian tribe to carry out a dem- (2) to recognize that Indian tribes can onstration project to coordinate, in accord- special attention to the amount of best determine the goals and methods for es- work and cooperation that the chair ance with the plan, the Indian behavioral tablishing and implementing prevention, di- health care programs of the Indian tribe in a and ranking member of Senate Health agnosis, and treatment programs for their manner that integrates the program services Education, Labor, and Pensions Com- communities, consistent with the policy of into a single, coordinated, comprehensive mittee have dedicated to this bill, both self-determination; program that uses, to the extent necessary, last Congress and this Congress. Sen- ø(3) to encourage and facilitate the imple- an automated clinical information system to ator GREGG and Senator KENNEDY, and mentation of an automated clinical informa- better manage administrative and clinical both their staffs, Vince Ventimiglia, tion system to complement the Indian services, costs, and reporting requirements health care delivery system; and David Dorsey have lent their ex- through the consolidation and integration of ø(4) to authorize the use of Federal funds administrative and clinical functions. pertise and their time to this issue. to purchase, lease, license, or provide train- øSEC. 5. PROGRAMS AFFECTED. Senator DEWINE’s staff, Abby Kral, and ing for technology for an automated clinical øPrograms that may be integrated in a Senator DODD’s staff, Ben Berwick this information ystem that incorporates clin- demonstration project described in section 4 year, Debra Barrett last year, have ical, financial, and reporting capabilities for are— been more dedicated than anyone on Indian behavioral health care programs; ø(1) an Indian behavioral health care pro- this issue. ø(5) to encourage quality assurance poli- gram under which an Indian tribe is eligible I particularly want to acknowledge cies and procedures, and empower Indian for the receipt of funds under a statutory or tribes through training and use of tech- the outside experts who have devoted administrative formula; nology, to significantly enhance the delivery ø so much time to advocating on behalf (2) an Indian behavioral health care pro- of, and treatment results from, Indian behav- gram under which an Indian tribe is eligible of children and making this proposal a ioral health care programs; for receipt of funds through competitive or reality. The American Academy of Pe- ø(6) to assist Indian tribes in maximizing other grants, if— diatricians, Elaine Vining here in DC use of public, tribal, human, and financial re- ø(A)(i) the Indian tribe provides notice to and all the pediatricians across the sources in developing effective, understand- the appropriate agency regarding the inten- country, have been championing this able, and meaningful practices under Indian tions of the Indian tribe to include the In- issue for so long. Also, Mark Isaac and behavioral health care programs; and dian behavioral health care program in the ø(7) to encourage and facilitate timely and plan that the Indian tribe submits to the Jeanne Ireland at the Elizabeth Glaser effective analysis and evaluation of Indian Pediatric AIDS Foundation have been Secretary; and behavioral health care programs. ø(ii) the agency consents to the inclusion tireless in their efforts. The children’s øSEC. 3. DEFINITIONS. of the grant in the plan; or hospitals, and so many others cannot øIn this Act: ø(B)(i) the Indian tribe elects to include be thanked enough. We would not be ø(1) AUTOMATED CLINICAL INFORMATION SYS- the Indian behavioral health care program in here today without their passionate ad- TEM.—The term ‘‘automated clinical infor- the plan; and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.141 S23PT1 S9820 CONGRESSIONAL RECORD — SENATE July 23, 2003 ø(ii) the administrative requirements con- ø(A) the plan does not provide sufficient in- of the Indian tribes that carry out projects tained in the plan are essentially the same formation for the Secretary to adequately under this Act, in consultation with each of as the administrative requirements applica- review the plan for compliance with this Act; the Indian tribes that participate in projects ble to a grant under the Indian behavioral ø(B) the plan does not comply with this under this Act, of a meeting at least twice health care program; and Act; during each fiscal year, for the purpose of ø(3) an Indian behavioral health care pro- ø(C) the plan provides for the purchase, providing an opportunity for all Indian gram under which an Indian tribe is eligible lease, license, or training for, an automated tribes that carry out projects under this Act to receive funds under any other funding clinical information system, but the pur- to discuss issues relating to the implementa- scheme. chase, lease, license, or training would re- tion of this Act with officials of each agency øSEC. 6. PLAN REQUIREMENTS. quire aggregate expenditures of program specified in paragraph (1). ø A plan of an Indian tribe submitted under funding at such a level as would render other ø(b) REPORT REQUIREMENTS.— section 4 shall— program substantially ineffectual; or ø(1) IN GENERAL.—The single reporting for- ø ø (1) identify the programs to be integrated; (D)(i) the plan identifies waivers that can- mats described in subsection (a)(3)(A) shall ø (2) be consistent with this Act; not be waived under section 7(c); and be developed by the Secretary in accordance ø ø (3) describe a comprehensive strategy (ii) the plan would be rendered substan- with this Act. that— tially ineffectual without the waivers. ø(2) INFORMATION.—The single reporting ø ø (A) identifies the full range of existing (2) NOTICE.—If a plan is disapproved under format, together with records maintained on and potential alcohol and substance abuse subsection (a), the Secretary shall— the consolidated program at the tribal level, ø and mental health treatment and prevention (A) inform the Indian tribe, in writing, of shall contain such information as the Sec- programs available on and near the service the reasons for the disapproval; and retary determines will— ø area of the Indian tribe; and (B) provide the Indian tribe an oppor- ø(A) allow the Secretary to determine ø (B) may include site and technology as- tunity— whether the Indian tribe has complied with ø sessments and any necessary computer hard- (i) to amend and resubmit the plan; or the requirements incorporated in the ap- ø ware installation and support; (ii) to petition the Secretary to reconsider proved plan of the Indian tribe; and ø (4) describe the manner in which services the disapproval (including reconsidering the ø(B) provide assurances to the Secretary are to be integrated and delivered and the re- disapproval of any waiver requested by the that the Indian tribe has complied with all— sults expected under the plan (including, if Indian tribe). ø(i) applicable statutory requirements; and implemented, the manner and expected re- øSEC. 9. USE OF FUNDS FOR TECHNOLOGY. ø(ii) applicable regulatory requirements sults of implementation of an automated øNotwithstanding any requirement appli- that have not been waived. clinical information system); cable to an Indian behavioral health care ø(5) identify the projected expenditures program of an Indian tribe that is integrated øSEC. 11. NO REDUCTION IN AMOUNTS. under the plan in a single budget; under a demonstration project described in øIn no case shall the amount of Federal ø(6) identify the agency or agencies in the section 4, the Indian tribe may use funds funds available to an Indian tribe involved in Indian tribe to be involved in the delivery of made available under the program to pur- any project under this Act be reduced as a the services integrated under the plan; chase, lease, license, or provide training for result of the enactment of this Act. ø(7) identify any statutory provisions, reg- technology for an automated clinical infor- ø ulations, policies, or procedures that the In- mation system if the purchase, lease, licens- SEC. 12. INTERAGENCY FUND TRANSFERS. dian tribe requests be waived in order to im- ing of, or provision of training is conducted øThe Secretary, the Secretary of the Inte- plement the plan; and in accordance with a plan approved by the rior, the Secretary of Labor, the Secretary of ø(8) be approved by the governing body of Secretary under section 8. Education, the Secretary of Housing and the Indian tribe. øSEC. 10. FEDERAL RESPONSIBILITIES. Urban Development, the Attorney General, øSEC. 7. PLAN REVIEW. ø(a) RESPONSIBILITIES OF THE INDIAN or the Secretary of Transportation, as appro- ø(a) CONSULTATION.—On receipt of a plan HEALTH SERVICE.— priate, may take such action as is necessary from an Indian tribe under section 4, the ø(1) MEMORANDUM OF UNDERSTANDING.—Not to provide for the interagency transfer of Secretary shall consult with— later than 180 days after the date of enact- funds otherwise available to an Indian tribe ø(1) the head of each Federal agency pro- ment of this Act, the Secretary, the Sec- in order to carry out this Act. viding funds to be used to implement the retary of the Interior, the Secretary of ø plan; and SEC. 13. ADMINISTRATION OF FUNDS; EXCESS Labor, the Secretary of Education, the Sec- FUNDS. ø(2) the Indian tribe. retary of Housing and Urban Development, ø ø (b) IDENTIFICATION OF WAIVERS.—Each the Attorney General, and the Secretary of (a) ADMINISTRATION OF FUNDS.— ø party consulting on the implementation of a Transportation shall enter into a memo- (1) IN GENERAL.—Program funds shall be plan under section 4 shall identify any waiv- randum of agreement providing for the im- administered under this Act in such a man- ers of statutory requirements or of Federal plementation of the plans approved under ner as to allow for a determination by the agency regulations, policies, or procedures section 8. Secretary that funds made available for spe- that the party determines to be necessary to ø(2) LEAD AGENCY.—The lead agency under cific programs (or an amount equal to the enable the Indian tribe to implement the this Act shall be the Indian Health Service. amount used from each program) are ex- plan. ø(3) RESPONSIBILITIES.—The responsibil- pended on activities authorized under the ø(c) WAIVERS.—Notwithstanding any other ities of the lead agency under this Act shall program. provision of law, the head of a Federal agen- ø(2) SEPARATE RECORDS NOT REQUIRED.— cy may waive any statutory requirement, include— ø Nothing in this section requires an Indian regulation, policy, or procedure promulgated (A) the development of a single reporting format— tribe— by the Federal agency is identified by the In- ø(A) to maintain separate records tracing dian tribe or the Federal agency under sub- ø(i) relating to each plan for a demonstra- tion project submitted under section 4, any service provided or activity conducted section (b) unless the head of the affected under the approved plan of the Indian tribe Federal agency determines that a waiver is which shall be used by an Indian tribe to re- to the individual programs under which inconsistent with— port activities carried out under the plan; funds were authorized; or ø(1) this Act; and ø(B) to allocate expenditures among indi- ø(2) any statutory requirement applicable ø(ii) relating to the projected expenditures vidual programs. to the program to be integrated under the for the individual plan, which shall be used plan that is specifically applicable to Indian by an Indian tribe to report all plan expendi- ø(b) EXCESS FUNDS.—With respect to ad- programs; and tures; ministrative costs of carrying out the ap- ø(3) any underlying statutory objective or ø(B) the development of a single system of proved plan of an Indian tribe under this purpose of a program to be consolidated Federal oversight for the plan, which shall Act— under the plan, to such a degree as would be implemented by the lead agency; ø(1) all administrative costs under the ap- render ineffectual activities funded under ø(C) the provision of, or arrangement for proved plan may be commingled; the program. provision of, technical assistance to an In- ø(2) an Indian tribe that carries out a dem- øSEC. 8. PLAN APPROVAL. dian tribe that is appropriate to support and onstration program under such an approved ø(a) IN GENERAL.—Not later than 90 days implement the plan, delivered under an ar- plan shall be entitled to receive reimburse- after the date of receipt by the Secretary of rangement subject to the approval of the In- ment for the full amount of those costs in a plan under section 4, the Secretary shall dian tribe participating in the project (ex- accordance with regulations of each program inform the Indian tribe that submitted the cept that an Indian tribe shall have the au- or department; and plan, in writing, of the approval or dis- thority to accept or reject the plan for pro- ø(3) if the Indian tribe, after paying admin- approval of the plan (including any request viding the technical assistance and the tech- istrative costs associated with carrying out for a waiver that is made as part of the nical assistance provider); and the approved plans, realizes excess adminis- plan). ø(D) the convening by an appropriate offi- trative funds, those funds shall not be count- ø(b) DISAPPROVAL.— cial of the lead agency (who shall be an offi- ed for Federal audit purposes if the excess ø(1) IN GENERAL.—The Secretary may dis- cial appointed by and with the advice and funds are used for the purposes provided for approve a plan if— consent of the Senate) and a representative under this Act.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.102 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9821 øSEC. 14. FISCAL ACCOUNTABILITY. to Indians afflicted with mental health, alcohol, health care programs of the Indian tribe in a øNothing in this Act affects the authority or other substance abuse problems; manner that integrates the program services into of the Secretary or the lead agency to safe- (2) to recognize that Indian tribes can best de- a single, coordinated, comprehensive program guard Federal funds in accordance with termine the goals and methods for establishing that uses, to the extent necessary, an automated chapter 75 of title 31, United States Code. and implementing prevention, diagnosis, and clinical information system to better manage ad- øSEC. 15. REPORT ON STATUTORY AND OTHER treatment programs for their communities, con- ministrative and clinical services, costs, and re- BARRIERS TO INTEGRATION. sistent with the policy of self-determination; porting requirements through the consolidation ø(a) PRELIMINARY REPORT.—Not later than (3) to encourage and facilitate the implemen- and integration of administrative and clinical 2 years after the date of enactment of this tation of an automated clinical information sys- functions. Act, the Secretary shall submit to the Com- tem to complement the Indian health care deliv- SEC. 104. PROGRAMS AFFECTED. mittee on Indian Affairs of the Senate and ery system; Programs that may be integrated in a dem- the Committee on Resources of the House of (4) to authorize the use of Federal funds to onstration project described in section 103 are— Representatives a preliminary report that purchase, lease, license, or provide training for (1) an Indian behavioral health care program describes the implementation of this Act. technology for an automated clinical informa- under which an Indian tribe is eligible for the ø(b) FINAL REPORT.—Not later than 5 years tion system that incorporates clinical, financial, receipt of funds under a statutory or adminis- after the date of enactment of this Act, the and reporting capabilities for Indian behavioral trative formula; Secretary shall submit to the Committee on health care programs; (2) an Indian behavioral health care program Indian Affairs of the Senate and the Com- (5) to encourage quality assurance policies under which an Indian tribe is eligible for re- mittee on Resources of the House of Rep- and procedures, and empower Indian tribes ceipt of funds through competitive or other resentatives a final report that— through training and use of technology, to sig- grants, if— ø(1) describes the results of implementa- nificantly enhance the delivery of, and treat- (A)(i) the Indian tribe provides notice to the tion of this Act; and ment results from, Indian behavioral health care appropriate agency regarding the intentions of ø(2) identifies statutory barriers to the programs; the Indian tribe to include the Indian behav- ability of Indian tribes to integrate more ef- (6) to assist Indian tribes in maximizing use of ioral health care program in the plan that the fectively alcohol and substance abuse serv- public, tribal, human, and financial resources in Indian tribe submits to the Secretary; and ices in a manner consistent with this Act. developing effective, understandable, and mean- (ii) the agency consents to the inclusion of the øSEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL ingful practices under Indian behavioral health grant in the plan; or TO STATE INDIAN ALCOHOL AND care programs; (B)(i) the Indian tribe elects to include the In- DRUG TREATMENT OR MENTAL (7) to encourage and facilitate timely and ef- dian behavioral health care program in the HEALTH PROGRAMS. fective analysis and evaluation of Indian behav- plan; and øAny State with an alcohol and substance ioral health care programs; and (ii) the administrative requirements contained abuse or mental health program targeted to- (8) to reauthorize certain Indian alcohol and in the plan are essentially the same as the ad- ward Indian tribes shall be eligible to re- substance abuse prevention and treatment pro- ministrative requirements applicable to a grant ceive, at no cost to the State, such Federal grams. under the Indian behavioral health care pro- personnel assignments as the Secretary, in SEC. 102. DEFINITIONS. gram; and accordance with the applicable provisions of In this title: (3) an Indian behavioral health care program subchapter IV of chapter 33 of title 5, United (1) AUTOMATED CLINICAL INFORMATION SYS- under which an Indian tribe is eligible to receive States Code, determines to be appropriate to TEM.—The term ‘‘automated clinical information funds under any other funding scheme. ¿ help ensure the success of the program. system’’ means an automated computer software SEC. 105. PLAN REQUIREMENTS. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. system that can be used to manage clinical, fi- A plan of an Indian tribe submitted under sec- (a) SHORT TITLE.—This Act may be cited as nancial, and reporting information for Indian tion 103 shall— the ‘‘Native American Alcohol and Substance behavioral health care programs. (1) identify the programs to be integrated; Abuse Program Consolidation Act of 2003’’. (2) FEDERAL AGENCY.—The term ‘‘Federal (2) be consistent with this title; (b) TABLE OF CONTENTS.—The table of con- agency’’ has the meaning given the term ‘‘agen- (3) describe a comprehensive strategy that— tents of this Act is as follows: cy’’ in section 551 of title 5, United States Code. (A) identifies the full range of existing and Sec. 1. Short title; table of contents. (3) INDIAN.—The term ‘‘Indian’’ has the mean- potential alcohol and substance abuse and men- TITLE I—INTEGRATION AND CONSOLIDA- ing given the term in section 4 of the Indian tal health treatment and prevention programs TION OF ALCOHOL AND SUBSTANCE Self-Determination and Education Assistance available on and near the service area of the In- ABUSE PROGRAMS AND SERVICES Act (25 U.S.C. 450b). dian tribe; and (4) INDIAN BEHAVIORAL HEALTH CARE PRO- (B) may include site and technology assess- Sec. 101. Purposes. GRAM.—The term ‘‘Indian behavioral health ments and any necessary computer hardware in- Sec. 102. Definitions. care program’’ means a federally funded pro- stallation and support; Sec. 103. Plans. gram, for the benefit of Indians, to prevent, di- (4) describe the manner in which services are Sec. 104. Programs affected. agnose, or treat, or enhance the ability to pre- Sec. 105. Plan requirements. to be integrated and delivered and the results vent, diagnose, or treat— Sec. 106. Plan review. expected under the plan (including, if imple- Sec. 107. Plan approval. (A) mental health problems; or mented, the manner and expected results of im- Sec. 108. Use of funds for technology. (B) alcohol or other substance abuse problems. plementation of an automated clinical informa- Sec. 109. Federal responsibilities. (5) INDIAN TRIBE.— tion system); Sec. 110. No reduction in amounts. (A) IN GENERAL.—The term ‘‘Indian tribe’’ has (5) identify the projected expenditures under Sec. 111. Interagency fund transfers. the meaning given the term in section 4 of the the plan in a single budget; Sec. 112. Administration of funds; excess funds. Indian Self Determination and Education As- (6) identify the agency or agencies in the In- Sec. 113. Fiscal accountability. sistance Act (25 U.S.C. 450b). dian tribe to be involved in the delivery of the Sec. 114. Report on statutory and other barriers (B) INCLUSIONS.—The term ‘‘Indian tribe’’, in services integrated under the plan; to integration. a case in which an intertribal consortium, tribal (7) identify any statutory provisions, regula- Sec. 115. Assignment of Federal personnel to organization, or Indian health center is author- tions, policies, or procedures that the Indian State Indian alcohol and drug ized to carry out 1 or more programs, services, tribe requests be waived in order to implement treatment or mental health pro- functions, or activities of an Indian tribe under the plan; and grams. this Act, includes the intertribal consortium, (8) be approved by the governing body of the tribal organization, or Indian health center. Indian tribe. TITLE II—REAUTHORIZATION OF CERTAIN (6) SECRETARY.—The term ‘‘Secretary’’ means INDIAN ALCOHOL AND SUBSTANCE SEC. 106. PLAN REVIEW. the Secretary of Health and Human Services. ABUSE PREVENTION AND TREATMENT (a) CONSULTATION.—On receipt of a plan from (7) SUBSTANCE ABUSE.—The term ‘‘substance PROGRAMS an Indian tribe under section 103, the Secretary abuse’’ includes— shall consult with— Sec. 201. Indian Alcohol and Substance Abuse (A) the illegal use or abuse of a drug or an in- (1) the head of each Federal agency providing Prevention and Treatment Act of halant; and funds to be used to implement the plan; and 1986. (B) the abuse of tobacco or a related product. (2) the Indian tribe. Sec. 202. Effective date. SEC. 103. PLANS. (b) IDENTIFICATION OF WAIVERS.—Each party TITLE I—INTEGRATION AND CONSOLIDA- The Secretary, in cooperation with the Sec- consulting on the implementation of a plan TION OF ALCOHOL AND SUBSTANCE retary of Labor, the Secretary of the Interior, under section 101 shall identify any waivers of ABUSE PROGRAMS AND SERVICES the Secretary of Education, the Secretary of statutory requirements or of Federal agency reg- SEC. 101. PURPOSES. Housing and Urban Development, the Attorney ulations, policies, or procedures that the party The purposes of this title are— General, and the Secretary of Transportation, determines to be necessary to enable the Indian (1) to enable Indian tribes to consolidate and as appropriate, shall, on receipt of a plan ac- tribe to implement the plan. integrate alcohol and other substance abuse pre- ceptable to the Secretary that is submitted by an (c) WAIVERS.—Notwithstanding any other vention, diagnosis, and treatment programs, and Indian tribe, authorize the Indian tribe to carry provision of law, the head of a Federal agency mental health and related programs, to provide out a demonstration project to coordinate, in ac- may waive any statutory requirement, regula- unified and more effective and efficient services cordance with the plan, the Indian behavioral tion, policy, or procedure promulgated by the

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00081 Fmt 0624 Sfmt 6333 E:\CR\FM\A23JY6.102 S23PT1 S9822 CONGRESSIONAL RECORD — SENATE July 23, 2003 Federal agency that has been identified by the be used by an Indian tribe to report activities (2) an Indian tribe that carries out a dem- Indian tribe or the Federal agency under sub- carried out under the plan; and onstration program under such an approved section (b) unless the head of the affected Fed- (ii) relating to the projected expenditures for plan shall be entitled to receive reimbursement eral agency determines that such a waiver is in- the individual plan, which shall be used by an for the full amount of those costs in accordance consistent with— Indian tribe to report all plan expenditures; with regulations of each program or department; (1) this title; (B) the development of a single system of Fed- and (2) any statutory requirement applicable to eral oversight for the plan, which shall be imple- (3) if the Indian tribe, after paying adminis- the program to be integrated under the plan mented by the coordinating agency; trative costs associated with carrying out the that is specifically applicable to Indian pro- (C) the provision of, or arrangement for provi- approved plans, realizes excess administrative grams; and sion of, technical assistance to an Indian tribe funds, those funds shall not be counted for Fed- (3) any underlying statutory objective or pur- that is appropriate to support and implement eral audit purposes if the excess funds are used pose of a program to be consolidated under the the plan, delivered under an arrangement sub- for the purposes provided for under this title. plan, to such a degree as would render ineffec- ject to the approval of the Indian tribe partici- SEC. 113. FISCAL ACCOUNTABILITY. tual activities funded under the program. pating in the project (except that an Indian Nothing in this title affects the authority of SEC. 107. PLAN APPROVAL. tribe shall have the authority to accept or reject the Secretary or the coordinating agency to (a) IN GENERAL.—Not later than 90 days after the plan for providing the technical assistance safeguard Federal funds in accordance with the date of receipt by the Secretary of a plan and the technical assistance provider); and chapter 75 of title 31, United States Code. under section 103, the Secretary shall inform the (D) the convening by an appropriate official of the coordinating agency (who shall be an of- SEC. 114. REPORT ON STATUTORY AND OTHER Indian tribe that submitted the plan, in writing, BARRIERS TO INTEGRATION. ficial appointed by and with the advice and of the approval or disapproval of the plan (in- (a) PRELIMINARY REPORT.—Not later than 2 consent of the Senate) and a representative of cluding any request for a waiver that is made as years after the date of enactment of this Act, the Indian tribes that carry out projects under part of the plan). the Secretary shall submit to the Committee on this title, in consultation with each of the In- (b) DISAPPROVAL.— Indian Affairs of the Senate and the Committee (1) IN GENERAL.—The Secretary may dis- dian tribes that participate in projects under on Resources of the House of Representatives a approve a plan if— this title, of a meeting at least twice during each preliminary report that describes the implemen- (A) the plan does not provide sufficient infor- fiscal year, for the purpose of providing an op- tation of this title. mation for the Secretary to adequately review portunity for all Indian tribes that carry out (b) FINAL REPORT.—Not later than 5 years the plan for compliance with this title (includ- projects under this title to discuss issues relating after the date of enactment of this Act, the Sec- ing with respect to information regarding the to the implementation of this title with officials retary shall submit to the Committee on Indian timing, availability, and receipt of all program of each agency specified in paragraph (1). Affairs of the Senate and the Committee on Re- funding to be consolidated or integrated); (b) REPORT REQUIREMENTS.— sources of the House of Representatives a final (B) the plan does not comply with this title; (1) IN GENERAL.—The single reporting format (C) the plan provides for the purchase, lease, described in subsection (a)(3)(A) shall be devel- report that— license, or training for, an automated clinical oped by the Secretary in accordance with this (1) describes the results of implementation of information system, but the purchase, lease, li- title. this title; and cense, or training would require aggregate ex- (2) INFORMATION.—The single reporting for- (2) identifies statutory barriers to the ability penditures of program funding at such a level as mat, together with records maintained on the of Indian tribes to integrate more effectively al- would render other program substantially inef- consolidated program at the tribal level, shall cohol and substance abuse services in a manner fectual; or contain such information as the Secretary deter- consistent with this title. (D)(i) the plan identifies waivers that cannot mines will— SEC. 115. ASSIGNMENT OF FEDERAL PERSONNEL be waived under section 106(c); and (A) allow the Secretary to determine whether TO STATE INDIAN ALCOHOL AND (ii) the plan would be rendered substantially the Indian tribe has complied with the require- DRUG TREATMENT OR MENTAL HEALTH PROGRAMS. ineffectual without the waivers. ments incorporated in the approved plan of the Any State with an alcohol and substance (2) NOTICE.—If a plan is disapproved under Indian tribe; and subsection (a), the Secretary shall— (B) provide assurances to the Secretary that abuse or mental health program targeted toward (A) inform the Indian tribe, in writing, of the the Indian tribe has complied with all— Indian tribes shall be eligible to receive, at no reasons for the disapproval; and (i) applicable statutory requirements; and cost to the State, such Federal personnel assign- (B) provide the Indian tribe an opportunity— (ii) applicable regulatory requirements that ments as the Secretary, in accordance with the (i) to amend and resubmit the plan; or have not been waived. applicable provisions of subchapter IV of chap- (ii) to petition the Secretary to reconsider the SEC. 110. NO REDUCTION IN AMOUNTS. ter 33 of title 5, United States Code, determines disapproval (including reconsidering the dis- In no case shall the amount of Federal funds to be appropriate to help ensure the success of approval of any waiver requested by the Indian available to an Indian tribe involved in any the program. tribe). project under this title be reduced as a result of TITLE II—REAUTHORIZATION OF CERTAIN SEC. 108. USE OF FUNDS FOR TECHNOLOGY. the enactment of this title. INDIAN ALCOHOL AND SUBSTANCE Notwithstanding any requirement applicable SEC. 111. INTERAGENCY FUND TRANSFERS. ABUSE PREVENTION AND TREATMENT to an Indian behavioral health care program of The Secretary, the Secretary of the Interior, PROGRAMS an Indian tribe that is integrated under a dem- the Secretary of Labor, the Secretary of Edu- SEC. 201. INDIAN ALCOHOL AND SUBSTANCE onstration project described in section 103, the cation, the Secretary of Housing and Urban De- ABUSE PREVENTION AND TREAT- Indian tribe may use funds made available velopment, the Attorney General, or the Sec- MENT ACT OF 1986. under the program to purchase, lease, license, or retary of Transportation, as appropriate, may (a) TRIBAL ACTION PLANS.— provide training for technology for an auto- take such action as is necessary to provide for (1) IN GENERAL.—Section 4206(d) of the Indian mated clinical information system if the pur- the interagency transfer of funds otherwise Alcohol and Substance Abuse Prevention and chase, lease, licensing of, or provision of train- available to an Indian tribe in order to carry Treatment Act of 1986 (25 U.S.C. 2412(d)) is ing is conducted in accordance with a plan ap- out this title. amended— proved by the Secretary under section 106. SEC. 112. ADMINISTRATION OF FUNDS; EXCESS (A) by striking ‘‘(1) The Secretary’’ and in- SEC. 109. FEDERAL RESPONSIBILITIES. FUNDS. serting the following: (a) RESPONSIBILITIES OF THE INDIAN HEALTH (a) ADMINISTRATION OF FUNDS.— ‘‘(1) IN GENERAL.—The Secretary’’; and SERVICE.— (1) IN GENERAL.—Program funds shall be ad- (B) by striking paragraph (2) and inserting (1) MEMORANDUM OF UNDERSTANDING.—Not ministered under this title in such a manner as the following: later than 180 days after the date of enactment to allow for a determination by the Secretary ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— of this Act, the Secretary, the Secretary of the that funds made available for specific programs There are authorized to be appropriated to carry Interior, the Secretary of Labor, the Secretary of (or an amount equal to the amount used from out this subsection such sums as are necessary Education, the Secretary of Housing and Urban each program) are expended on activities au- for each of fiscal years 2004 through 2008.’’. Development, the Attorney General, and the thorized under the program. (2) ADDITIONAL AUTHORIZATION.—Section Secretary of Transportation shall enter into a (2) SEPARATE RECORDS NOT REQUIRED.—Noth- 4206(f) of the Indian Alcohol and Substance memorandum of agreement providing for the im- ing in this section requires an Indian tribe— Abuse Prevention and Treatment Act of 1986 (25 plementation of the plans approved under sec- (A) to maintain separate records tracing any U.S.C. 2412(f)), is amended— tion 107. service provided or activity conducted under the (A) by striking ‘‘(f)(1) The Secretary’’ and in- (2) COORDINATING AGENCY.—The coordinating approved plan of the Indian tribe to the indi- serting the following: agency under this title shall be the Indian vidual programs under which funds were au- ‘‘(f) GRANTS FOR IN-SCHOOL TRAINING PRO- Health Service. thorized; or GRAMS.— (3) RESPONSIBILITIES.—The responsibilities of (B) to allocate expenditures among individual ‘‘(1) IN GENERAL.—The Secretary’’; the coordinating agency under this title shall programs. (B) in paragraph (2)— include— (b) EXCESS FUNDS.—With respect to adminis- (i) by striking ‘‘(2) Funds’’ and inserting the (A) the development of a single reporting for- trative costs of carrying out the approved plan following: mat— of an Indian tribe under this title— ‘‘(2) USE OF FUNDS.—Funds’’; and (i) relating to each plan for a demonstration (1) all administrative costs under the approved (ii) by indenting subparagraphs (A) through project submitted under section 103, which shall plan may be commingled; (E) appropriately; and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00082 Fmt 0624 Sfmt 6333 E:\CR\FM\A23JY6.102 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9823 (C) by striking paragraph (3) and inserting ‘‘(B) to carry out provisions of this subsection The nominations were considered and the following: other than paragraph (1)(A), such sums as are confirmed as follows: ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— necessary for each of fiscal years 2004 through DEPARTMENT OF TRANSPORTATION There are authorized to be appropriated to carry 2008.’’. out this subsection such sums as are necessary (f) BUREAU OF INDIAN AFFAIRS LAW ENFORCE- Nicole R. Nason, of Virginia, to be an As- for each of fiscal years 2004 through 2008.’’. MENT AND JUDICIAL TRAINING.—Section 4218 of sistant Secretary of Transportation. (b) NEWSLETTER.—Section 4210 of the Indian the Indian Alcohol and Substance Abuse Pre- FEDERAL TRADE COMMISSION Alcohol and Substance Abuse Prevention and vention and Treatment Act of 1986 (25 U.S.C. Pamela Harbour, of New York, to be a Fed- Treatment Act of 1986 (25 U.S.C. 2416) is amend- 2451) is amended by striking subsection (b) and eral Trade Commissioner for the term of ed by striking subsection (b) and inserting the inserting the following: seven years from September 26, 2002. following: ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry f There are authorized to be appropriated to carry out this section such sums as are necessary for LEGISLATIVE SESSION out this section such sums as are necessary for each of fiscal years 2004 through 2008.’’. each of fiscal years 2004 through 2008.’’. (g) JUVENILE DETENTION CENTERS.—Section The PRESIDING OFFICER. Under (c) INDIAN EDUCATION PROGRAMS.—Section 4220 of the Indian Alcohol and Substance Abuse the previous order, the Senate will now 4212(a) of the Indian Alcohol and Substance Prevention and Treatment Act of 1986 (25 U.S.C. return to legislative session. Abuse Prevention and Treatment Act of 1986 (25 2453) is amended by striking subsection (b) and U.S.C. 2432(a)) is amended— inserting the following: f (1) in the first sentence, by striking ‘‘The As- ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— IN REMEMBRANCE OF STROM sistant Secretary of Indian Affairs’’ and insert- There are authorized to be appropriated to carry ing the following: out this section such sums as are necessary for THURMOND ‘‘(1) IN GENERAL.—The Assistant Secretary of each of fiscal years 2004 through 2008.’’. Mr. DEWINE. Mr. President, I would Indian Affairs’’; SEC. 202. EFFECTIVE DATE. like to take a moment this evening to (2) in the second sentence, by striking ‘‘The This title and the amendments made by this Assistant Secretary shall’’ and inserting the fol- pay tribute to our dear friend and title take effect on the date of enactment of this lowing: former colleague, Strom Thurmond, a Act. ‘‘(2) DEFRAYMENT OF COSTS.—The Assistant man who gave of himself personally to Secretary shall’’; and Mr. DEWINE. Mr. President, I ask his constituents and to his colleagues (3) by striking the third sentence and insert- unanimous consent that the committee here in the Senate. ing the following: amendment be agreed to, the bill, as All of us will always remember ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— amended, be read a third time and Strom. We will remember him seated There are authorized to be appropriated to carry passed, the motion to reconsider be right in front of the Presiding Officer out this subsection such sums as are necessary laid upon the table, and that any state- at his desk. We will remember him for for each of fiscal years 2004 through 2008.’’. ments relating to the bill be printed in (d) EMERGENCY SHELTERS.—Section 4213(e) of his smile. We will remember him for the Indian Alcohol and Substance Abuse Pre- the RECORD. his greeting. Frankly, I don’t think vention and Treatment Act of 1986 (25 U.S.C. The PRESIDING OFFICER. Without any of us will ever walk into this 2433(e)) is amended— objection, it is so ordered. Chamber again without almost seeing (1) by striking paragraphs (1) through (3) and The committee amendment in the him down there at his desk. inserting the following: nature of a substitute was agreed to. He was a man who gave so much of ‘‘(1) IN GENERAL.—There are authorized to be The bill (S. 285), as amended, was himself to his constituents. We will re- appropriated to carry out planning and design, passed. construction, and renovation of, or to purchase member him for the way he treated or lease land or facilities for, emergency shelters f each one of us, the way he treated his and halfway houses to provide emergency care constituents, and the individual atten- APPOINTMENTS for Indian youth, such sums as are necessary tion he gave to us and his constituents. for each of fiscal years 2004 through 2008. The PRESIDING OFFICER. The I saw the way he personally dealt ‘‘(2) STAFFING AND OPERATION.—There is au- Chair, on behalf of the Majority Lead- with his constituents. I also saw the thorized to be appropriated for staffing and op- er, pursuant to the provisions of Public personal attention he paid to me and eration of emergency shelters and halfway Law 99–93, as amended by Public Law houses, described in paragraph (1), $7,000,000 the personal interest he took in my for each of fiscal years 2004 through 2008. 99–152, appointed the Honorable NOR- family. In particular, I am grateful to ‘‘(3) ALLOCATION.— MAN COLEMAN of Minnesota as a mem- him for the hospitality and attention ‘‘(A) IN GENERAL.—The Secretary of the Inte- ber of the United States Senate Caucus he showed to my son Brian, who just rior shall allocate funds made available under on International Narcotics Control. recently graduated from his beloved this subsection to Indian tribes on the basis of The Chair, on behalf of the Majority Clemson University. priority of need of the Indian tribes. Leader, pursuant to Public Law 101–549, A few years ago, when I told Strom ‘‘(B) CONTRACTING AND GRANTS.—Funds allo- appoints Dr. Bernard Goldstein, of cated under subparagraph (A) shall be subject that my son Brian was going to to contracting or available for grants under the Pennsylvania, to the Board of Direc- Clemson, I remember the big smile on Indian Self-Determination Act (25 U.S.C. 450f et tors of the Mickey Leland National his face. Of course, I knew he was a seq.).’’; Urban Air Toxics Research Center, vice graduate of Clemson. I could tell how (2) in paragraph (4), by striking ‘‘(4) Funds’’ M.M. Key. delighted and eager he was to share and inserting the following: f stories about his experience at ‘‘(4) CONDITIONS FOR USE.—Funds’’; and Clemson. And I remember a lot of those (3) in paragraph (5)— EXECUTIVE SESSION (A) by striking ‘‘(5) Nothing in this Act may stories. be construed’’ and inserting the following: Of course, the first thing he told me ‘‘(5) EFFECT ON OTHER AUTHORITY.—Nothing was: ‘‘You know, I went to Clemson’’— in this Act’’; EXECUTIVE CALENDAR which, of course, I did know. And I (B) in subparagraph (A)— Mr. DEWINE. Mr. President, I ask then asked him: ‘‘Strom, what year did (i) by striking ‘‘to limit’’ and inserting ‘‘lim- unanimous consent that the Senate im- you graduate from Clemson?’’ He said: its’’; and mediately proceed to executive session ‘‘1923.’’ I said: ‘‘Strom, that was the (ii) by striking ‘‘houses, or’’ and inserting to consider the following nominations year my dad was born’’—which it was. ‘‘houses; or’’; and (C) in subparagraph (B), by striking ‘‘to re- on today’s Executive Calendar: Cal- During the 4 years that Brian was at quire’’ and inserting ‘‘requires’’. endar No. 302 and 303. Clemson, almost every time I saw (e) TOHONO O’ODHAM AND ST. REGIS RES- I further ask unanimous consent that Strom on the floor, Strom would say: ERVATIONS; ILLEGAL NARCOTICS TRAFFIC.—Sec- the nominations be confirmed, the mo- ‘‘How’s your boy? How is that boy of tion 4216(a) of the Indian Alcohol and Sub- tions to reconsider be laid upon the yours doing down at Clemson? Does he stance Abuse Prevention and Treatment Act of table and the President be immediately like it?’’ Of course, I told him he did, 1986 (25 U.S.C. 2442(a)) is amended by striking notified of the Senate’s action, and which Brian certainly did. paragraph (3) and inserting the following: that the Senate then return to legisla- After Brian graduated, Strom invited ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated— tive session. Brian and myself up to his office. ‘‘(A) to carry out paragraph (1)(A), $1,000,000 The PRESIDING OFFICER. Without Strom showed him all the pictures on for each of fiscal years 2004 through 2008; and objection, it is so ordered. the wall. Strom invited him over and

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A23JY6.102 S23PT1 S9824 CONGRESSIONAL RECORD — SENATE July 23, 2003 had his picture taken with Brian, a pic- the Senate will be in a period of morn- understood merchandise, marketing, ture that Brian now has, and a copy of ing business until approximately 10 and consumers. He served as president, another picture that I have of Brian a.m. Following morning business, the chief executive officer, and chairman of and myself and Strom that is in a Senate will resume consideration of the board during two decades of expan- prominent place in my office today in H.R. 2555, the Department of Homeland sions and acquisitions in the 1960s and the Russell Building. Security appropriations bill. Again, it 1970s, which transformed the company Strom Thurmond paid this same is the majority leader’s intention to into a publicly owned corporation and level of attention, which he paid to his complete action on this bill during to- a national retailer. colleague in the Senate and to his col- morrow’s session. There are several Early on, the five brothers estab- league’s son, to all his constituents. Democratic Senators who still have lished a practice of contributing 5 per- And we know that. We have all heard amendments to offer, and we will try cent of pretax profits to charitable or- the stories. It did not matter whether to enter short time agreements with ganizations. It was one of their ways to you were a U.S. Senator or whether respect to those amendments. Rollcall give back to and enhance the commu- you worked in a filling station or who votes, therefore, should be expected nities where the stores were located. you were in his home State of South throughout the day tomorrow as the Carolina; it did not matter. That was Senate will continue to work through Kenneth Dayton became a national Strom Thurmond. It did not matter the remaining amendments to the bill. spokesman for this 5 percent club, and who you were, Strom paid attention to Senators will be notified when the first he persuaded many other leaders of you. vote is scheduled. American corporations to adopt the We have all heard the stories about As a reminder, the Senate will ob- practice of contributing, if not 5 per- the birthdays and the anniversaries, serve a moment of silence tomorrow at cent, at least some designated amount constituent problems. It did not mat- 3:40 p.m. to pay tribute to two of our of their profits to worthwhile social ter, Strom was there. fallen Capitol Police officers. Members causes. Strom Thurmond has left a mark on are encouraged to remain in the Cham- Ken and his wife of over 50 years, his State and our country through his ber during that moment of silence. Judy Dayton, practiced what he kindness and his personal attention to The PRESIDING OFFICER. Does the preached. They have been two of Min- others—a mark that surely will not be Senator from Ohio yield the floor? nesota’s leading philanthropists during forgotten or held in anything less than Mr. DEWINE. Let me just, if I could, the last half century, contributing, by the highest regard. their own account, over $100 million to We thank Strom for his service to conclude before I yield. charitable organizations. The Min- our country, to South Carolina, and to f neapolis symphony orchestra, a world the people who will miss his kindness ORDER FOR RECESS class symphony orchestra, which per- and his friendship. We thank Strom for Mr. DEWINE. If there is no further forms in a world class orchestral hall, his extra efforts to help those in need, business to come before the Senate, I has been a principal beneficiary and those he loved, and those he came to ask unanimous consent that the Sen- great love of Ken and Judy Dayton. the Senate to represent. ate recess under the previous order, fol- We will remember this man, our But hundreds of other organizations, lowing the remarks of Senator DAYTON friend, fondly. He was a man of cour- large and small, engaged in all kinds of for up to 15 minutes. age, a man of integrity, a man of pas- important work, have been also recipi- The PRESIDING OFFICER. Without sion, a man who loved this country ents of their wonderful sense of social objection, it is so ordered. dearly. responsibility. We thank you, Strom. We miss you. The senior Senator from Minnesota. That wide variety of causes reflected We respect you. f Ken Dayton’s wide breadth of interests. f TRIBUTE TO KENNETH N. DAYTON He had enormous enthusiasm for life, and he brought that enthusiasm to ev- ORDERS FOR THURSDAY, JULY 24, Mr. DAYTON. Mr. President, I rise to erything he did, along with a keen in- 2003 pay tribute to one of Minnesota’s lead- tellect and a world of life experience. Mr. DEWINE. Mr. President, I ask ing citizens who passed away last Sat- Because of his stature as a civic lead- unanimous consent that when the Sen- urday, a man who also happens to be er in Minnesota and the importance of ate completes its business today, it my uncle, Kenneth N. Dayton. his many contributions to the city of stand in recess until 9:30 a.m., Thurs- Kenneth Dayton was one of five Minneapolis, to the State of Min- day, July 24. I further ask consent that brothers who returned from their serv- nesota, and to our country, I would be following the prayer and pledge, the ice in World War II, and when their fa- making this tribute to Kenneth N. Journal of proceedings be approved, the ther died in 1950, took ownership and Dayton were he not my uncle, but I am time for the two leaders be reserved for operating control of a single depart- proud he was. He inspired, supported, their use later in the day, and the Sen- ment store in Minneapolis which was and guided our family and so many ate then begin a period of morning then known as the Dayton Company. others whose lives he touched. I am business, with the first 15 minutes Ken was instrumental, along with my fortunate to have been one of those under the control of the minority lead- father, Bruce Dayton, in building that blessed by his life and his love. er or his designee, and the next 15 min- small family-owned business into what utes under the control of Senator is now Target Corporation, the second John Kennedy, as President in 1961, largest retail company in America. HUTCHISON or her designee; provided said for those to whom much is given, that following morning business, the Last year, Target Corporation owned much is required. And when at some fu- Senate resume consideration of Cal- and operated some 1,500 stores in 48 ture date the high court of history sits endar No. 192, H.R. 2555, the Depart- States under the names Target, Mar- in judgment of each of us, our success ment of Homeland Security appropria- shall Fields, and Mervyn’s. The week I or failure will be measured by the an- tions bill. took office in January 2001, the com- swers to four questions: First, were we I further ask consent that the Senate pany announced that it was changing truly men of courage? Second, were we observe a moment of silence at 3:40 the name of its upper midwest Day- truly men of judgment? Third, were we p.m. tomorrow in honor of Capitol Po- ton’s department stores to Marshall truly men of integrity? Finally, were lice Officers Jacob Chestnut and John Fields. I have always suspected they we truly men of dedication? Gibson. did so because they were concerned I By those four measures, Kenneth The PRESIDING OFFICER. Without was going to generate so much bad Dayton was a success—a great success. objection, it is so ordered. publicity for the Dayton name that He was a great man and, more impor- they better make that change while f tantly, he was a good man. they could. SCHEDULE Kenneth Dayton, however, added Well done, good and faithful servant. Mr. DEWINE. Mr. President, for the only stature and respect to our family May you rest in peace. information of all Senators, tomorrow name. He was a brilliant retailer who I yield the floor.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G23JY6.146 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — SENATE S9825 RECESS UNTIL 9:30 A.M. Thereupon, the Senate, at 8:48 p.m., DEPARTMENT OF TRANSPORTATION TOMORROW recessed until Thursday, July 24, 2003, NICOLE R. NASON, OF VIRGINIA, TO BE AN ASSISTANT at 9:30 a.m. SECRETARY OF TRANSPORTATION. The PRESIDING OFFICER. Under FEDERAL TRADE COMMISSION the previous order, the Senate stands f PAMELA HARBOUR, OF NEW YORK, TO BE A FEDERAL in recess until 9:30 a.m. on Thursday, TRADE COMMISSIONER FOR THE TERM OF SEVEN YEARS CONFIRMATIONS FROM SEPTEMBER 26, 2002. July 24, 2003. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Executive nominations confirmed by TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY the Senate July 23, 2003: CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Jan 31 2003 03:26 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00085 Fmt 0624 Sfmt 9801 E:\CR\FM\G23JY6.148 S23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1557 EXTENSIONS OF REMARKS

TRIBUTE TO COLONEL BOB America would always live in fear. We never A TRIBUTE TO PATRICK J. MORGAN (USAF) RETIRED wanted to be heroes but we understood the MELLODY stakes. HON. STEVE ISRAEL Today is no different. The stakes are high. HON. PAUL E. KANJORSKI OF NEW YORK The risks are great. But we are a nation that OF PENNSYLVANIA will do what it takes to defend itself and pre- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES serve liberty. These aircraft at the American Tuesday, July 22, 2003 Tuesday, July 22, 2003 Airpower Museum are part of that legacy. Mr. ISRAEL. Mr. Speaker, I rise today to The outstanding work that Congressman Mr. KANJORSKI. Mr. Speaker, this country commend an honorary New Yorker, Colonel Israel does in Washington is part of that leg- has lost a great citizen. I rise today to pay trib- Bob Morgan (USAF) Ret. acy. And the support we get from people like ute to an exceptional constituent of mine and Colonel Morgan was part of the heroic and Hugh Jones of Republic Airport, Ed the life he led by example. Nearly a year ago courageous crew aboard the Memphis Belle Blumenfeld of BDG, Faith Weiner of Stop & my very good friend, Attorney Patrick J. during World War II. During that time the Shop and Bill Mullaney of Hampton Inn keep Mellody, passed away on August 29, 2002. He Memphis Belle flew 25 consecutive successful that heritage alive and well. is deeply missed by his family and the entire missions while helping the allies to defeat Nazi Accordingly, I would like to make those community of Northeastern Pennsylvania. A native of Scranton, he served his nation Germany. individuals honorary members of the Mem- In a ceremony at the American Airpower phis Belle—Americans who have preserved in the U.S. Army as a 1st Lieutenant. He mar- ried the former Patricia Lynch and raised five Museum at Republic Airport in New York, and protected our nation’s past so that we children: Patrick, Kathleen, Mara, Stephen, Colonel Morgan honored many supporters by may better protect our future. Wear your and Meredith. describing them as ‘‘Americans who have pre- new membership proudly—you are now part of our American heritage. An outstanding attorney, Pat often rep- served and protected our nation’s past so that resented injured workers before me when I Thank you all and God Bless America. we may better protect our future.’’ It is thanks was an Administrative Law Judge for the to the dedication and service of men and state’s worker’s compensation fund. I quickly women such as Colonel Morgan that we have f came to appreciate not only his excellent legal such a bright future to protect. skills, but also his compassion. It was this nat- I am honored to have gotten to spend time HONORING KEN BROWN, ‘‘MR. VETERAN’’ ural empathy and desire to help others that with Colonel Morgan and thank him again for drove Pat. He served as a trusted advisor and his service, dedication and patriotism to the counselor to each of his clients. nation. Mr. Speaker, I ask that his remarks at The son of a Lackawanna county commis- the July 3, 2003 ceremony be inserted into the HON. JON C. PORTER sioner, Pat learned the importance of public RECORD at this point. OF NEVADA service at an early age. He served as a hear- Congressman Steve Israel, Mr. Hugh Jones, ing examiner for the Pennsylvania Liquor Con- Mr. Edward Blumenfeld, Supervisor IN THE HOUSE OF REPRESENTATIVES Bellone—distinguished guests and fellow vet- trol Board for over sixteen years. He was also erans—it is a tremendous honor to be here Tuesday, July 22, 2003 active in numerous community organizations, this morning at the American Airpower Mu- from the Boy Scouts of America to the Amer- seum at Republic Airport. Mr. PORTER. Mr. Speaker, I rise today to ican Heart Association, but it was his dedi- I have not been in New York since Sep- honor the patriotism and dedication of Ken cated service to the Democratic Party for tember 11th, 2001. But truth be told, I don’t Brown, or as he is known in Southern Nevada, which he will be best remembered. find its spirit to be much different than when ‘‘Mr. Veteran.’’ Never a candidate himself, Pat tirelessly I was here back in the late 1990’s. You still supported Democratic candidates and devel- have the guts, the grit and the determina- Mr. Brown honorably served in the United oped the Lackawanna County Democratic tion of what I remember. You continue to be States Navy during World War II. After receiv- Party into a source of strength and signifi- that tough competitor on the outside with ing his honorable discharge from the Armed the heart of gold on the inside. cance in local, state, and national elections. That character was on display that morn- Services, Mr. Brown dedicated himself to im- Pat served as chairman of the Lackawanna ing of September 11th as men and women proving the quality of life for the military vet- County Democratic Committee from 1984 to made life and death decisions with courage erans of Nevada and our great nation. 2002, the longest any individual has held the and bravery that will be recorded in the an- Mr. Brown was the driving force behind the position. In 1989, a local political columnist nals of American history for all time. wrote about Pat’s great character, which Some 22 months ago many in this audience creation of the Veteran’s Cemetery in Boulder found themselves on the front line of this na- City, Nevada. Using his own personal savings, showed through when he appeared on a local tion’s fight against tyranny and terrorism. Mr. Brown purchased 83.5 acres of land in radio station’s political show with his Repub- Civilians and uniformed services found them- Boulder City to be used as a veterans’ ceme- lican counterpart. ‘‘The listeners were struck by the civility and friendliness that dominated selves together—under fire and confronting tery site. On Friday, April 6, 1990 Mr. Brown’s an enemy we had never known before. And the program. Hey, the listeners reasoned, dream was realized and the Southern Nevada yet because we were attacked as Americans Democrats and Republicans can get along to- we responded the same way—as Americans. Veterans Memorial Cemetery was officially gether, particularly if they’re high-class gents. I am proud that you think me worthy of dedicated. In honor of his contributions, Fri- Listeners got a lesson in modern day political being called an honorary New Yorker. Con- day, April 6, 1990 was proclaimed ‘‘Ken Brown science—it is not necessary to downgrade the gressman Israel, I will wear that label proud- Day’’ by the Governor of Nevada. ly as it shows solidarity with each and every opponent. You can be nice to him, and vice one of you. It reminds all of us that the fight Mr. Brown has received numerous honors versa.’’ to preserve and protect our country is never paying tribute to his fifty years of service to An article in the Scranton Times on Sep- without sacrifice. veterans and their families including the God tember 7, 2002 Mellody was the glue keeping Some sixty years ago I served with men party together, Pennsylvania Senate Demo- who understood that stark reality. To pro- & Country Award from the United States Navy Armed Guard and the key to the City of Las cratic Leader Robert T. Mellow, a great friend tect our freedom we need to put ourselves in of Pat’s for forty years was quoted as saying, harms way. In a plane much like the B–17 Vegas for heroism and vision in supporting ‘‘He brought to the party very great leadership, Flying Fortress sitting beside the museum, veterans in Nevada. we set out 25 times to defy the Nazi absolutely no selfishness, no agenda.’’ ‘‘He Luftwaffe. We knew that if we didn’t put I am honored to join with all Nevadans in was a very open individual with no personal bombs on target the people of Europe would honoring Ken Brown on his many accomplish- agenda except to make sure the Democratic remain slaves forever and the people of ments. Party . . . would be successful.’’

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

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.026 E23PT1 E1558 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 At the Lackawanna Bar Association’s me- community mark him as an extraordinary man. the District of Columbia must be an integral morial, Attorney Sal Cognetti described, ‘‘Pat May his life be an inspiration to us all. part of the planning, implementation, and exe- as a cheerful, helpful, generous man who ev- f cution of national plans to protect city resi- eryday aided and touched other human beings dents, Federal employees, and visitors by in- by and through his counsel and knowledge. INTRODUCTION OF DC NATIONAL cluding the District of Columbia, as part of the His compassion made him care about the less GUARD HOMELAND SECURITY ACT region, as a separate and full partner and first fortunate. The strength of his personality and responder in federal domestic preparedness his unyielding dedication to good and equal HON. ELEANOR HOLMES NORTON legislation. Allowing the mayor control over the government for all kept a diverse group of in- OF THE DISTRICT OF COLUMBIA DCNG helps recognize the new responsibility dividuals united under the umbrella of the IN THE HOUSE OF REPRESENTATIVES he now has in protecting the entire Federal Democratic Party.’’ Tuesday, July 22, 2003 establishment—the Congress, the White Mr. Speaker, I insert in my remarks at this House, the Supreme Court, and the Federal point the complete text of Pat’s obituary. Ms. NORTON. Mr. Speaker, today I am in- agencies—from terrorist attacks. At a min- [From the Scranton Times Tribune, August troducing a bill to give the mayor of the District imum, such recognition also demonstrates the 31, 2002] of Columbia the same authority over the Na- respect for local governance and home rule ATTORNEY PATRICK J. MELLODY tional Guard as the governors of all 50 States. that every jurisdiction that recruits members of Attorney Patrick J. Mellody, 59, of the My work as a Member of the new Select Com- the military to its National Guard deserves, es- Green Ridge section of Scranton, died Thurs- mittee on Homeland Security has convinced pecially today when the Guards are no longer day evening at home. His wife is the former me that this bill is necessary now more than weekend warriors, as the Iraq war dem- Patricia Lynch. at anytime in the District’s history. In some cir- onstrates. If the mayor has local control over Born in Scranton, son of Rita Lestrange cumstances where a suspected terrorist inci- his own Guard, the Executive would give up Mellody, Scranton, and the late Lackawanna dent occurs and in all circumstances consti- County Commissioner Patrick J. Mellody, he nothing of his necessary control because the tuting local emergencies, the mayor of the Dis- President would retain his right to nationalize was a 1962 graduate of St. Paul’s High trict of Columbia should have the same au- School. He earned his bachelor of science de- the DCNG at will, as he can for the states. gree from the University of Scranton in 1966 thority as governors. The National Guards in The confusion that accompanied the Sep- and his juris doctor from Columbus School of the 50 States operate under dual jurisdictions, tember 11 attack plainly showed the danger Law at Catholic University of America, Federal and local, but the D.C. National Guard inherent in allowing bureaucratic steps to Washington, D.C., in 1974. He received Amer- (DCNG) has no local jurisdiction, no matter stand in the way of responding to emer- ican Jurisprudence Awards for academic ex- the local emergency. The President of the cellence. gencies in the Nation’s Capital. September 11 United States as the Commander in Chief has made local control of the DCNG an imper- Attorney Mellody maintained a practice in alone has the authority to call up the National Scranton since 1974. He was admitted to ative. practice in the Supreme Court of Pennsyl- Guard for any purpose, local or national here. This bill is another important step necessary vania, the U.S. District Court for the Middle Each Governor, however, as the head of to complete the transfer of full self-government District of Pennsylvania, the U.S. Court of state, has the authority to mobilize the Na- powers to the District of Columbia that Con- Appeals for the Third Circuit and the U.S. tional Guard to protect the local jurisdiction, gress itself began with the passage of the Supreme Court. just as local militia have always done histori- Home Rule Act of 1973. District authority over Attorney Mellody had served as chairman cally. Most often this has meant calling upon of the Lackawanna County Democratic Com- its own National Guard apparently was not the National Guard to restore order in the raised during the Home Rule Act process. mittee since 1984. He was also a member of wake of civil disturbances and natural disas- the executive committee of the Pennsyl- However, then it was unthinkable that there vania State Democratic Committee and was ters. Today it could mean acting quickly to re- would be war in the homeland, much less ter- elected delegate to the 1984, 1996 and 2000 spond to an incident that may be local or ter- rorist threats to the nation’s capital. What Democratic National Conventions. A grad- rorist-related because it may be impossible to should be unthinkable after 9–11 in an era of uate of Officer Candidate School, he served tell which. The mayor, who knows the city bet- global terrorism is allowing to stand old and as a 1st lieutenant in the Army from 1966 to ter than any Federal official, certainly should 1969. antiquated layers rather than stripping them be able to call on the DCNG to cover local away. Giving the mayor of the District of Co- He was a member of numerous civic, edu- natural disasters or civil disturbances without cational, professional and business associa- lumbia authority to call up the National Guard tions, including serving as chairman of the relying on the President, who may be pre- could make the difference in protecting the Keystone Chapter of the American Heart As- occupied with national matters, including per- safety of the residents, Federal employees, sociation and on the board of directors of the haps war or security matters. It does no harm and visitors alike. I urge my colleagues to sup- Pennsylvania State Affiliate of the Amer- to give the mayor the authority. Today it may port this bill. ican Heart Association. He served on the ex- do great harm to leave him powerless to act ecutive committee of the Friendly Sons of quickly. If it makes sense that a Governor f St. Patrick and as vice president and a mem- would have control over the mobilization and ber of the executive board of the Forest deployment of the State National Guard, at the HONORING THE 50TH ANNIVER- Lakes Council, Boy Scouts of America. An SARY OF THE AMERICAN POLIT- Eagle Scout, he was a member of the Eagle very least it makes the same sense for the mayor of the District of Columbia, with a popu- ICAL SCIENCE ASSOCIATION CON- Scout Association of the Boy Scouts of GRESSIONAL FELLOWSHIP PRO- America. lation the size of that of small States, should He was a member of St. Clare’s Church, have the same authority. GRAM Scranton; the advisory board of directors of The mayor of the District of Columbia, act- the Green Ridge branch of Penn Security ing as head of state, should have the authority HON. JOSEPH CROWLEY Bank and Trust Co., Scranton; the Irish- to call upon the DCNG in instances that do OF NEW YORK American Men’s Association, the Sierra not rise to the level of Federal importance to Club, the Knights of Columbus Council 280, IN THE HOUSE OF REPRESENTATIVES implicate the powers of the President. Today Scranton; the Green Ridge Business Associa- Tuesday, July 22, 2003 tion, St. Paul’s Booster Club and the execu- requiring action by the President of the United tive board of the Italian-American Demo- States could endanger the life and health of Mr. CROWLEY. Mr. Speaker, I rise today to cratic League. D.C. residents and visitors and those who commend the 50th anniversary of the Amer- Surviving in addition to his widow and work here in the event of an emergency. Pro- ican Political Science Association (APSA) mother are three daughters, Kathleen, Ar- cedures now in use require the mayor to re- Congressional Fellowship Program. Founded lington, Va., and Mara and Meredith; both of quest the needed assistance from the Com- in 1953, the highly selective, nonpartisan Con- Scranton; two sons, Patrick, Scranton, and mander in Chief for a local National Guard. My gressional Fellowship Program has ushered Stephen, Arlington, Va.; a sister, Mary Horan, Pleasant Valley, N.Y.; two brothers, bill does not cause the President to lose his more than 1700 foreign and domestic schol- Charles Mellody, Bethesda, Md., and Jerome power over the D.C. National Guard. The ars, journalists and Federal employees Mellody, Rockville, Md.; and several nieces President could still nationalize the Guard at through legislative assignments on Capitol Hill. and nephews. will, as he can with the Guards of the 50 The APSA Congressional Fellowship Program, He was also preceded in death by a brother, States. which is currently run by Dr. Jeffrey Biggs, James Francis Mellody, who died in 1989. Following the September 11 terrorist at- provides fellows with a hands-on experience in Mr. Speaker, Pat Mellody’s integrity, indus- tacks, I succeeded in including a provision in Congress as they handle legislative respon- triousness, and devotion to his family and the Homeland Security Act recognizing that sibilities both on personal or committee staffs.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.030 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1559 In these positions, the American Political I have been honored to host two APSA fel- Mr. Speaker, I ask that my colleagues join Science Association Fellows gain an invalu- lows in my office during the course of my me today in thanking and honoring Special able inside perspective on the legislative proc- three terms in the House of Representatives. Agent William M. Yokow for his service to the ess that no textbook can provide. In turn, they Wanda Meyer-Price, a federal agency fellow state of Connecticut and the Nation. contribute significantly to the work of a con- from the Central Intelligence Agency, served f gressional office as they add a new perspec- in my office in 2002. Matthew Hicks, a jour- tive and outside, real world expertise to crucial nalism fellow from national technology maga- ROBERT A. BORSKI POST OFFICE policy issues. Over the years, the Congres- zine eWEEK, is serving this year. Both acted BUILDING sional Fellowship Program has gained promi- as full members of my staff, advising me on SPEECH OF nence among those interested in the ways our important legislative issues. unique democracy functions. On a personal note, I understand the impor- HON. TIM HOLDEN I am currently serving my third term in the tance of fellowship programs because my ex- OF PENNSYLVANIA House of Representatives and have already posure to the legislative process began in IN THE HOUSE OF REPRESENTATIVES hosted my third APSA Congressional fellow. 1983 as a fellow in the California Assembly Monday, July 21, 2003 Fellowship Program. Fellowship programs like Ms. Simone Stemmler from Germany spent Mr. HOLDEN. Mr. Speaker, I rise today in the APSA Congressional Fellowship Program her fellowship year in my office in 1999 work- support of the bill before us and to pay tribute ing on a global health initiative. strengthen our democracy by fostering a broader and deeper understanding of the Con- to my very good friend and former colleague, After a very successful year, my office was Robert A. Borski. I had the pleasure to serve joined by Ms. Jodi Lieberman from the Nu- gress and its legislative processes. Mr. Speaker, let us recognize the APSA with Bob for ten years in this body, and am clear Regulatory Agency who spearheaded a very proud of the work we did together. number of key legislative issues in my office, Congressional Fellowship Program and its 1,800 alumni for their contributions to the leg- Representative Borski was first elected to including founding and establishing the the House of Representatives in November Bangladeshi Caucus. islative work on this floor and to furthering vital participation in the democratic process. 1982 and served for 20 distinguished years in This year, I once again picked a German this chamber where he served his district and f fellow—political scientist Marcus Menzel—who the entire State of Pennsylvania in a dedicated worked together with my staff and me on a HONORING THE COMMITMENT OF and exemplary fashion. number of foreign affairs, defense, and trade SPECIAL AGENT WILLIAM M. Representative Borski built a reputation as issues. In addition, he created the new role of YOKOW Philadelphia’s most accessible representative. grants coordinator in my office, working to en- A consummate leader and statesman, Bob sure that Federal dollars are returned to HON. JOHN B. LARSON worked consistently to defend public safety worthwhile groups and organizations in my OF CONNECTICUT and devotedly serve his constituents in the district of Queens and the Bronx, New York. IN THE HOUSE OF REPRESENTATIVES Philadelphia area. Representing a multiethnic district and serv- As a member of the Committee on Trans- Tuesday, July 22, 2003 ing on the Committee on International Rela- portation and Infrastructure, Congressman tions, I particularly appreciate the different per- Mr. LARSON of Connecticut. Mr. Speaker, I Borski worked very hard for Pennsylvania’s spectives and opinions that fellows from Amer- rise today to recognize the lifelong dedication transportation concerns. He rose to be the ica’s foreign allies bring to my office. They of Special Agent William M. Yokow, who after third ranking Democrat in seniority, and the learn about our deliberate process and we in 27 years of service retired earlier this month Dean of the Pennsylvania Delegation on the turn benefit from their unique perspective on from the United States Department of Treas- Committee. In his last term he served as global issues. ury, Internal Revenue Service, Criminal Inves- Ranking Democrat on the Highways and Tran- The 50th anniversary is often considered tigation. sit Subcommittee. the golden anniversary; and I can state with- As a member of the IRS Criminal Investiga- I ask my colleagues to join me in formally out hesitation that the APSA Congressional tion, Special Agent Yokow has been instru- recognizing the outstanding accomplishments Fellowship Program represents the gold stand- mental in protecting the American public from of Representative Borski by passing this bill to ard of fellowship programs. financial crimes. Beginning his career in 1978 officially name the Robert A. Borski Post f under the IRS Intelligence Division, Bill served Office. 16 years in the Hartford Post of Duty and later f HONORING THE 50TH ANNIVER- transferred to the New Haven Post of Duty. SARY OF THE AMERICAN POLIT- He has been responsible for numerous high- PERSONAL EXPLANATION ICAL SCIENCE ASSOCIATION CON- profile convictions and has repeatedly proven GRESSIONAL FELLOWSHIP PRO- his commitment to the law enforcement com- HON. JOHN R. CARTER GRAM munity. In cooperation with the FBI, Special OF TEXAS Agent Yokow was essential in obtaining a con- IN THE HOUSE OF REPRESENTATIVES HON. MIKE THOMPSON viction in the well-known ‘‘Santa Claus’’ ar- Tuesday, July 22, 2003 OF CALIFORNIA mored car robbery of more than $1 million and Mr. CARTER. Mr. Speaker, on Thursday, IN THE HOUSE OF REPRESENTATIVES helped the Environmental Protection Agency Criminal Investigation Division, U.S. Customs July 17, 2003 and Friday, July 18, 2003, I was Tuesday, July 22, 2003 Service and the U.S. Attorney’s Office in the unable to be present for rollcalls #382–#397. Mr. THOMPSON of California. Mr. Speaker, conviction of a $26 million excise tax fraud The following are the ways I would have I rise today to commemorate the 50th anniver- conspiracy relating to the illegal importation of voted, had I been present: sary of the American Political Science Asso- ozone depleting chemicals. Over the years, Rollcall 382—No; rollcall 383—No; rollcall ciation (APSA) Congressional Fellowship Pro- Bill has not only demonstrated his leadership 384—No; rollcall 385—No; rollcall 386—No; gram. as an on-the-job instructor and mentor to Spe- rollcall 387—No; rollcall 388—Aye; rollcall The APSA Congressional Fellowship Pro- cial Agents in training, he has also volun- 389—Aye; rollcall 390—No; rollcall 391—Aye; gram is a nine-month highly selective, non- teered for special assignments, including serv- rollcall 392—No; rollcall 393—No; rollcall partisan, legislative working experience where ice at the 2002 Winter Olympic Games held in 394—No; rollcall 395—Aye; rollcall 396—No; fellows gain experience as legislative assist- Salt Lake City, Utah. rollcall 397—Aye. ants on personal or committee staffs and at- Bill’s hard work and dedication has earned f tend educational seminars and trips to the Ca- him the Director’s Award for Outstanding SHOSHONES FINALLY GET nadian Parliament and the Maryland State Achievement in Law Enforcement, as well as MASSACRE LAND House. The program exposes the inner work- a Certificate of Commendation by the Assist- ings of the legislative process to professionals ant Attorney General, U.S. Department of Jus- HON. ROB BISHOP from academia, journalism, government agen- tice, Environmental and Natural Resources Di- OF UTAH cies, health care and foreign countries and, vision. Special Agent Yokow has also received IN THE HOUSE OF REPRESENTATIVES through them, to the broader public. It likewise a Juris Doctorate from the Quinnipiac School exposes us as Members of Congress to their of Law and is eligible to practice law before Tuesday, July 22, 2003 outside expertise and fresh perspectives on the State of Connecticut Superior Court, U.S. Mr. BISHOP of Utah. Mr. Speaker, the important public policy issues. Tax Court and the U.S. District Court. Northwestern Band of Shoshone Nation were

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.033 E23PT1 E1560 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 driven and slaughtered by their own govern- Brough prayed that all who visit the site James Ray Sargent of Anawalt, Hughie Frank- ment in 1863. They are not a federally recog- will consider it sacred ground. lin Snider of New Cumberland, Dean Calvin nized tribe and are scattered throughout Paul Campbell, chairman of the Franklin Spencer III of Morgantown, James Lawrence (Idaho) County Commission, said he learned Northern Utah and Southern Idaho. The fol- just recently that his great-great grand- Taylor of Nitro, and David Wallace Wickham II lowing article depicts their sorrows and tri- father had watched the massacre from a bluff of Wheeling. umphs over the last 140 years. It details how above the river. Many of us will never experience the pain of recently they were able to acquire the land Many Preston area residents are ignorant uncertainty that the families of POWs live with. where the 1863 massacre occurred. This site of the massacre, he said. Early historic Adding insult to injury, these missing soldiers will serve as a reminder for time immemorial markers labeled the Shoshone women and have slowly slipped from our nation’s collec- of the sacrifice and hardship endured by this children ‘‘combatants.’’ tive memory. It is our sober duty to never for- people since those fateful days of 1863. I re- The 26 acres turned over to the tribe Mon- get our unaccounted-for soldiers, and to show day have been grazed for decades and have a spectfully submit it to the CONGRESSIONAL crumbling homestead in one corner. our appreciation for their service by flying the RECORD on behalf of the Northwestern Band Campbell said the shift to tribal ownership POW/MIA flag. of Shoshone Nation and the American West should get the Idaho congressional delega- Mr. Speaker, it is with great pride and honor Heritage Center, the sole repository of their ar- tion’s attention and help win the place des- that West Virginia remembers the service of tifacts and history. ignation as a national historic site. these men. We will continue to fly the POW/ [From the Salt Lake Tribune, Mar. 25, 2003] The land was purchased this past weekend MIA flag, and we laud The National League of by the Trust for Public Land, a national Families of American Prisoners and Missing in SHOSHONES FINALLY GET MASSACRE LAND land-conservation organization. The $55,000 (By Kristen Moulten) purchase price for two parcels comprising Southeast Asia for their continued diligence in PRESTON, IDAHO.—The Northwestern Sho- the 26 acres was raised from the locating our missing sons and daughters and shones have been invisible among Utah’s In- Flamekeeper Foundation (formerly the Wil- for their unwavering commitment to the mem- dian tribes, almost an afterthought on any liam F. and Anna Smith Foundation) of Salt ory of our nation’s POWs. list. Lake City; Katherine and Zeke Dumke Jr.; But that era is over, according to Forrest historian Brigham Madsen and several anon- f Cuch, Utah’s head of American Indian affairs ymous donors. The American West Heritage and one of a dozen speakers at a ceremony Center helped with fund raising. VETERANS HEALTH CARE Monday celebrating a new chapter for the ‘‘This is a story that must be heard, not IMPROVEMENT ACT OF 2003 tribe. just locally, but regionally and nationally,’’ The Northwestern Band of the Shoshone said Alina Bokde, a New Mexico-based SPEECH OF Nation at last took ownership of land in project manager for the trust. The organiza- southern Idaho along the Bear River where tion has a program to help tribes regain an- HON. MICHAEL H. MICHAUD hundreds of their ancestors were slaughtered cestral lands. OF MAINE by U.S. soldiers in 1863. Allie Hansen of Preston was jubilant Mon- IN THE HOUSE OF REPRESENTATIVES ‘‘All my life I’ve watched the Shoshone day. The history buff has shown the mas- suffer in this area,’’ Cuch told the 75 Sho- sacre site and told the story to thousands of Monday, July 21, 2003 shones and 125 of their friends gathered at visitors for two decades and successfully lob- Mr. MICHAUD. Mr. Speaker, I rise today in the massacre site Monday two miles west of bied the National Park Service to get it list- support H.R. 2357, the Assured Funding for Preston. ‘‘It’s your turn to be first now. ed on the National Historic Register in 1990. Veterans Health Care Act of 2003 and I would You’ve been last for so long.’’ When one gets immersed in a historical Tribal Chairwoman Gwen Davis of subject, it starts to seem like a fairy tale, like to thank Congressman EVANS, Ranking Brigham City agreed. ‘‘We’ve waited many she said. ‘‘This makes reality out of it.’’ Member of the Veterans’ Affairs Committee for years for this day to happen,’’ she said. ‘‘Our introducing this important measure. f dreams have become reality today.’’ As we speak, our young men and women in The tribe plans a small interpretive center WEST VIRGINIA SERVICEMEN uniform are selflessly risking their lives in Iraq to tell the story of the massacre. MISSING IN ACTION and in Afghanistan. The bravery that they A larger interpretive center is planned far- ther south near Logan. The American West show reflects the proud tradition of this na- Heritage Center at Wellsville is raising $30 HON. SHELLEY MOORE CAPITO tion’s military and demonstrates the great sac- million for a center that will have a multi- OF WEST VIRGINIA rifices made by our veterans and their fami- media re-creation of the massacre and tell IN THE HOUSE OF REPRESENTATIVES lies. America owes a great debt to its vet- the tribe’s story in full. The tribe’s library erans. and cultural artifacts also will be kept at the Tuesday, July 22, 2003 Recently, the President’s Task Force to Im- heritage center, said Bruce Parry, executive Mrs. CAPITO. Mr. Speaker, I rise today on prove Health Care Delivery for Veterans re- director of the tribe. behalf of myself, the National League of Fami- leased its final report, which noted ‘‘a signifi- Back on Jan. 29, 1863, the Shoshones were in their winter camp at the northern end of lies of American Prisoners and Missing in cant mismatch in VA between demand and Cache Valley in Idaho when soldiers under Southeast Asia, and the 19 servicemen from available funding.’’ To ensure funding for vet- the command of Col. Patrick Connor at- West Virginia who are still missing as a result erans’ health care, the report recommends tacked. of their military service in the Vietnam War. ‘‘modifications to the current budget and ap- The first hour was a battle between the Following Operation Iraqi Freedom, support for propriations process by using a mandatory soldiers and Shoshone braves, but it soon our missing soldiers and their families has funding mechanism.’’ turned into a massacre. Men, women and been in the hearts of all Americans. The suc- The ‘‘Assured Funding for Veterans Health children were shot and clubbed to death; te- Care Act of 2003’’ would address the findings pees and food supplies were torched. Between cessful rescue of Army PFC. Jessica Lynch 250 and 380 Shoshones were killed, while a reminded America of the amazing strength and recommendations of the Task Force by few dozen hid in brush and under the river- and courage exhibited by American prisoners creating a guaranteed funding stream for vet- banks. of war. In a salute to our missing soldiers, I erans’ health care. We need a process that Mormon pioneers had asked the soldiers to would like to personally acknowledge the ensures that our veterans do not have to wait intercede because Shoshones—who had lost League’s efforts and recognize these missing for discretionary funding each fiscal year, and their game and other food sources to pioneer West Virginians, so that their strength, cour- that is why I support H.R. 2357. and wagon train encroachment—had become age and patriotic service may be lastingly The American Legion, Disabled American an irritant, depending on the pioneers for food. Shoshone braves also were suspected of praised remembered and cherished: Veterans and Veterans of Foreign Wars have raiding supply wagons en route to Montana John Scott Albright II of Huntington, Albert built a coalition to fight for the passage of gold-mining camps. Harold Altizer of Squire, Joseph Clair Austin of mandatory funding for veterans’ health care. It In a benedictory prayer at the end of Mon- Moundsville, Jerry Edward Auxier of Dixie, is one of the highest priorities for the veterans day’s ceremony, Elder Monte Brough of the Keith Royal Wilson Curry of Salem, James of this country and it should be one of the LDS Church’s First Quorum of the Seventy Edward Duncan of Point Pleasant, Robert W. highest priorities for this Congress. alluded to the role played by early Mormons Hunt of Beckley, Carroll B. Lilly of Morgan- We need to work to ensure that both bodies in inciting the massacre. ‘‘There is a history of persecution and dis- town, Danny G. Marshall of Waverly, Michael pass legislation to guarantee funding for vet- crimination here, and we ask that this can Robert Norton of Eskdale, Edward Milton erans’ health care. The veterans of this coun- be a token gesture to remedy that . . . a Parsley of Naugatuck, Marshall l. Pauley of try need to know that this Congress is serious token of those things that are solidly in the Milton, Ronald Keith Pennington of about caring for their needs, and that this past.’’ Hambleton, Joe Harold Pringle of Homer, country keeps its promises.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.038 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1561 NEGOTIATE A FREE TRADE Robert married Linda Gail Powell in 1958. IN MEMORY OF SALVATORE ‘‘SAL’’ AGREEMENT WITH TAIWAN NOW They are the proud parents of Robert Sidney FAZZINO Phelan, Jr., Paul Edmund Phelan, and Mary HON. EDOLPHUS TOWNS LeAnn Phelan. Robert and his wife have three HON. ANNA G. ESHOO OF NEW YORK grandchildren and two step-grandchildren. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES In 1963, Robert became the acting Post- Tuesday, July 22, 2003 Tuesday, July 22, 2003 master while continuing to run his auto dealer- Mr. TOWNS. Mr. Speaker, for over half a ship. He also served in the Tennessee Na- Ms. ESHOO. Mr. Speaker, it is with a pro- century, Taiwan and the United States have tional Guard, from which he retired as a First found sense of sadness that I rise to honor been close Trade partners. Last year, bilateral Lieutenant. the memory of a good and honorable man, Salvatore ‘‘Sal’’ Fazzino, who passed away on trade between Taiwan and the United States Robert has long been active in helping our reached US $51 billion, making Taiwan our Saturday, July 19, 2003. community. With the help of U.S. Senator Jim 8th largest trading partner. It is interesting to Sal Fazzino was a first generation American note that bilateral trade between Taiwan and Sasser, Robert was instrumental in estab- whose parents immigrated from Sicily to Ellis the United States surpassed that of all of our lishing a new National Guard Armory in 1991. Island. Born in Middletown, Connecticut, Sal newest prospective free trade agreement part- He was Exalted Ruler of the Trenton Elks served his country during World War II and ners combined. It is therefore timely for us to Lodge. As a fundraiser for the lodge, Robert was stationed in the Philippines. Upon return- consider negotiating a free trade agreement Started Walking Horse shows, which became ing from the War, Sal vacationed in Florida and met his future wife Dolores. They were with Taiwan. known as one of the best shows in West Ten- the proud parents of three sons: Gary, Wayne Our International Trade Commission re- nessee. Robert aided the lodge in buying land cently issued a report which showed net gains and Brian, and a daughter, Donna. and building their now existing lodge. Robert It was his dedication to his children that in- totaling $3.4 billion for the U.S. economy from served as President of the Trenton Chamber spired Sal in the mid-1960’s to drive his family a proposed agreement. Beneficiaries would in- of Commerce and he also won their pres- across the country, moving to California. With- clude U.S. exporters of cars, auto parts, ma- tigious Citizen of the Year Award. He was also out a job or any job prospects, Sal bought a chinery and equipment, chemicals and plastic house in Palo Alto so that his children would products and certain foods. New opportunities a member of the Trenton Rotary Club. be the beneficiaries of the Palo Alto school would be created for financial and educational He served as a member of the Gibson system. services. County Election Commission for 36 years, de- With a high school education and vocational Negotiations of a trade agreement would voting many of those years as Chairman. He training, Sal went to work at the Stanford Lin- serve long-term U.S. interests overseas. A has served on the board of Trenton Housing ear Accelerator Center repairing the facility’s trade agreement with Taiwan would phase out Authority for 34 years. He helped in forming air conditioning. He became an avid follower tariffs and other non-tariff barriers with Taiwan the Pinecrest Country Club and served on that of local politics, guided by ‘‘Harry Truman-like and promote U.S. efforts to increase trade not board, as well. He helped in forming the Tren- common sense.’’ One of his proudest mo- only with Taiwan but also with other countries ments was when his son Gary became the in the Pacific Rim. ton Special School District, where years later Mayor of Palo Alto. He was a sound advisor We will build on the free trade agreements he helped replace the aging school building to his son, consistently reminding him of the already concluded with Chile and Singapore. It with a new high school. Believing that Gibson needs of the middle-class in Palo Alto . . . is possible we will enter negotiations with Aus- County could support a satellite community many like himself who moved to the city when tralia and New Zealand, eventually reaching college, Robert was instrumental in raising it was predominately a middle class commu- the goal of a free trade zone in the region by money to fund Dyersburg State Community nity. 2010, as envisioned by the APEC Bogor Dec- College in Trenton. It is obvious that Robert In 1994, Sal lost his wife Dolores. In spite laration. Phelan gives 100 percent of himself into ev- of this loss, Sal continued to be active in the In short, Mr. Speaker, with Taiwan’s recent erything asked of him for the people of Gibson community through the Menlo Park Italian- accession to the World Trade Organization County and the State of Tennessee. American Social Club, and serving as Presi- and passage of Trade Promotion Authority for Robert has also served many years on the dent of the Amici Club. It was through the the president, it is most appropriate for the Italian-American community that Sal met his Trenton Industrial Board. Robert served on the United States to reach out to Taiwan, a strong second wife, Mary, whom he was married to friend and ally in the Pacific. We need to solid- board of Citizen State Bank, spending some of for the past five years. ify our long-term trade relations with Taiwan that tenure as Chairman. Robert worked dili- Mr. Speaker, I ask all my colleagues in the by starting to negotiate a free trade agreement gently to form Citizen City and County Bank, House to join me in honoring Sal Fazzino and with Taiwan now. which opened in 1997. Robert now serves as extending our condolences to his family. His f Chairman of the Board. life exemplifies the best of America . . . serv- HONORING MR. ROBERT SIDNEY Throughout his life, Robert has always de- ing his country in uniform, raising four fine children, taking risks so that their future would PHELAN voted hard work to the Democratic Party on a be better, and giving back to his community. local and statewide level. In 1974 Robert was Sal Fazzino distinguished himself as a loving HON. JOHN S. TANNER appointed Honorary Sergeant At Arms of the husband, a great father and a proud citizen of OF TENNESSEE Tennessee Senate. In 1975 was the Colonel the country he loved. We, in return today, pay IN THE HOUSE OF REPRESENTATIVES Aide de Camp on the Governor’s staff and a tribute to a great American. Tuesday, July 22, 2003 1976 member of the West Tennessee Demo- f cratic Caucus. He worked for such statesmen Mr. TANNER. Mr. Speaker, today I rise to HONORING THE 50TH ANNIVER- as Congressman Robert ‘‘Fats’’ Everett, Con- honor Robert Sidney Phelan, a fine public SARY OF THE AMERICAN POLIT- servant who has dedicated himself to the peo- gressman Ed Jones, Senator Jim Sasser and ICAL SCIENCE ASSOCIATION CON- ple of Tennessee throughout his life as a loyal Senator and Vice President Al Gore. He also GRESSIONAL FELLOWSHIP PRO- citizen to our community. worked for Tennessee Governors Frank Clem- GRAM Robert attended Peabody High School in ent, Bufford Ellington, Ray Blanton, Ned Trenton, Tennessee, where he excelled in McWhether and Phil Bredsen. Robert has also HON. JIM COOPER both basketball and football. Graduating in worked for members of the Tennessee Gen- OF TENNESSEE 1952, he received a football scholarship at the eral Assembly, including his son, Paul Phelan, IN THE HOUSE OF REPRESENTATIVES University of Tennessee in Knoxville. who served for 10 years as a state represent- Dedicated to his family, Robert cut his col- Tuesday, July 22, 2003 ative. lege years short to return home and run the Mr. COOPER. Mr. Speaker, I rise today to family business, an automobile dealership he Mr. Speaker, please join Robert’s friends, offer my sincerest congratulations to the ran for 50 years. In 1987, he received the family and me as we recognize his dedication American Political Science Association on the ‘‘Quality Care Award,’’ the highest award the and service to our community. 50th anniversary of its Congressional Fellow- Ford Motor Company bestows on a dealer. ship Program. I am also personally deeply

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.043 E23PT1 E1562 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 grateful to the APSA for the privilege of work- the years, the highly selective, nonpartisan have expressed their reservations. In re- ing with one of the program’s most talented program has grown from its beginnings with sponse to strains caused by declining tourist fellows this year, Dr. Frances Lee of Case six fellows in 1953 to the current program, revenue and highly competitive pricing in the Western Reserve University. which selects between 40 and 45 profes- tropical fruit sector, some of the smaller East- Frances has been a true delight and an in- sionals who have built impressive records of ern Caribbean islands are recognizing that valuable asset to my office. Both my staff and accomplishment as political scientists, journal- their interests and the interests of other I feel honored to have had a chance to benefit ists, sociologists, domestic and foreign policy CARICOM members do not always fully coin- from her many-faceted intelligence, her government specialists, health policy experts cide. The disagreements between OECS unstinting hard work, and her ever-cheerful and international scholars. The relationship members and the remainder of the CARICOM demeanor. In her short time with us, she has between the fellow and the Members of Con- states merit adequate attention on Washing- worked on several projects of both local and gress is a symbiotic one as Members obtain ton’s part if the final product of FTAA negotia- national impact that are of special importance access to new sources of expertise, while fel- tions is to result in maximum economic bene- to my constituents back in the Fifth District. lows obtain first-hand perspectives about life fits for our own citizens and for our neighbors For example, Frances took principal respon- on the Hill. There is, after all, no substitute for to the South, including, of course, the English- sibility in preparing a comment letter to the In- practical experience to understand Congress speaking Caribbean. ternal Revenue Service, protesting its ‘‘pre- as a living institution. I wish to place on record As the economies of the region find them- certification’’ proposal for recipients of the my support for it. selves under increasing stress, and as diplo- Earned Income Tax Credit. This credit pro- I have had the privilege to be associated matic negotiations for the proposed Free vides approximately $89 million in refunds to with two APSA fellows in my office during the Trade Area of the Americas marches onward, the hard-working families of my district each time I have been serving in the House of Rep- it seems clearer than ever that careful atten- year, and its benefit to my constituents cannot resentatives. As it turns out both are female tion must be paid to the delicate economic re- be overstated. Frances worked with both local journalists from foreign countries. Fardah lationships presently maintained by each of and national community groups and advocates Assegaf from Indonesia worked at the Na- the hemispheric nations, both small and large. to help raise awareness of the IRS proposal, tional News Agency of Indonesia, and served If the world’s economy is to recover from its which would have imposed an onerous bu- in my office in 1993. Michelle Phipps-Evans present downturn, and if future economic reaucratic burden on EITC beneficiaries by re- from Trinidad and Tobago worked at the slumps are to be averted, planners must rec- quiring them to ‘‘register’’ for this credit in ad- Washington Afro American Newspapers and is ognize that support for total economic integra- vance. Frances meticulously researched the serving this year. Both have been invaluable tion is far from universal. They must strive to details of the IRS plan and crafted a well-writ- in the levels of writing and researching they understand the reasons behind dissent, where ten and persuasive letter urging the IRS to re- have brought to the table. Each acted as full it exists, and the reasons for support, where it consider the impact of its proposal. Her efforts members of my staff advising me on various thrives. It may very well be that principles of have drawn not only attention from the media issues. free trade can be implemented more effec- but the interest of community groups in Nash- Other enrichment opportunities continue tively in some places rather than in others, ville, who are now working with our office to through the program with the Wilson Seminar where local economic fundamentals do not en- make free tax assistance more readily avail- Series, which augment the legislative experi- tirely coincide with those of the main players, able in our community. I cannot thank her ence with speakers closely involved in the leg- like the U.S. enough for what her work will do to help en- islative process. A state-federal legislative The following research memorandum was sure that my constituents continue to receive comparative program at the State House in authored by Justin Vance, a research asso- the tax credits they have earned through their Annapolis, Maryland, and the Canadian Par- ciate with the Washington-based Council on hard work. liamentary Exchange provide further edu- Hemispheric Affairs (COHA), a nonpartisan, In addition to this effort, Frances provided cation. During the Canadian exchange, fellows tax-exempt organization that has long been our office with valuable assistance and advice provide their northern colleagues with a one- committed to addressing issues associated on issues as varied as diversity in media own- week orientation to Congress and receive a with human rights, democracy and economic ership, prescription drugs and Medicare and similar program through the House of Com- justice throughout the western hemisphere. social security. She also worked on projects mons in Ottawa, Canada. Fueled by a greater sense of urgency re- critical to local economic development and Upon completion of the year on Capitol Hill, garding the forging of a single market econ- charity. which often includes experience in both the omy than some of their neighbors and fellow members in the Caribbean Community Both my staff and I will miss Frances deep- House and Senate, the fellows return to their (CARICOM), the prime ministers of the Orga- ly, and on behalf of my staff, I wish her the previous employment where their under- nization of the Eastern Caribbean States very best in all of her future endeavors. And standing of the political process becomes inte- (OECS) met in mid-April 2003 to discuss the to the APSA for granting us the opportunity to grated and disseminated, with a kind of ripple future of their economic relations. The seven work with Frances, I again offer my sincerest effect among their colleagues. This knowledge permanent members of the OECS are Anti- thanks. of the workings of government enhances their gua and Barbuda, Dominica, Grenada, Montserrat, St. Kitts and Nevis, St. Lucia, f future participation in the democratic process. Mr. Speaker, I salute the APSA Congres- and St. Vincent and the Grenadines. Their governments have already passed EU-style HONORING THE 50TH ANNIVER- sional Fellowship Program, which has given SARY OF THE AMERICAN POLIT- measures that allow people to move freely over 1,800 individuals what can only be called across each other’s borders. New passports ICAL SCIENCE ASSOCIATION CON- an ‘‘opportunity of a lifetime.’’ GRESSIONAL FELLOWSHIP PRO- for the Eastern Caribbean States are ex- f pected to be issued by 2004, while Antigua, GRAM St. Kitts, Montserrat, and St. Vincent have CARICOM further accelerated their economic integra- HON. ROBERT C. SCOTT tion by also allowing the free movement of labor within the island group. The necessary OF VIRGINIA HON. EDOLPHUS TOWNS planning to implement a single market econ- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES omy would obviously take longer, but the Tuesday, July 22, 2003 IN THE HOUSE OF REPRESENTATIVES group hopes to implement its integration by Tuesday, July 22, 2003 2005. ‘‘This is only advancing by two years Mr. SCOTT of Virginia. Mr. Speaker, I would what is really going to take place,’’ said St. like to take a moment to draw attention to the Mr. TOWNS. Mr. Speaker, last February, Vincent Prime Minister Ralph Gonsalves, 50th anniversary of the American Political members of the Caribbean Community possibly alluding to the fact that CARICOM Science Association (APSA) Congressional (CARICOM) met to discuss the prospect of is aiming for its own single market economy Fellowship Program. creating a single Caribbean market economy. by 2007, only two years after its original The goal of the APSA Congressional Fel- In mid-April, members of the Organization of date. lowship Program is simple: to help participants Eastern Caribbean States (OECS), a Most people tend to associate the Carib- bean with stunning beaches and refreshing better understand Congress. It is the oldest CARICOM subgroup, gathered to examine a oceans. Some insist it is as close to paradise such program on Capitol Hill, designed to similar proposal. Despite widespread enthu- as one can find. Indeed, the Caribbean is- place highly skilled professionals from a broad siasm among OECS members for economic lands have plentiful resources and boast a spectrum of backgrounds in congressional of- integration, CARICOM participants Jamaica, soil structure that is perfect for growing a fices for nine months as legislative aides. Over Barbados, and other non-OECS members wide array of crops. Despite these riches,

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.047 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1563 many Caribbean residents equate their al- ices agreement with the Federal Aviation from economies of scale that will also leged Eden more closely with Hades, as they Administration (FAA) in Washington. strengthen their voice in an already complex struggle to feed their families. Some EC is- CARICOM members supposedly were working global economy, and, of course, in upcoming lands are among the most underprivileged in collectively towards a deal with the FAA, FTAA negotiations. the world, with an increasing disparity be- but Jamaica skirted what it saw as a Though not a single market economy, The tween the rich and poor. Though the per cap- slowmoving CARICOM out of fear of further North American Free Trade Agreement ita GDP of most of the islands is increasing, jeopardizing its already hemorrhaging tour- (NAFTA) between Mexico, the U.S., and Can- they are still far behind that of the devel- ist industry. The Bahamas and Belize have ada was met with considerable opposition oped nations. also shown themselves to be willing to strike when first proposed. It is the world’s most The Caribbean islands have long faced an separate deals with the U.S. As tourism gen- extensive free trade agreement short of a array of dilemmas. To cope with some of erates a large part of the foreign currencies common market. Since the beginning of its these, the Treaty of Chaguaramas, signed in for these nations, it was a matter of utmost implementation in 1994, some tariffs have Trinidad on the 4th of July 1973, established importance to them to reach an agreement. the Caribbean Community known as In view of their individual interests, been completely eliminated while others will CARICOM. The organization has taken on CARICOM’s characteristic grindingly slow drop until they too disappear in five, ten, or evolving objectives including improving approach was producing paralysis. In re- fifteen years. From 1993 to 2001, bilateral standards of living, safer working conditions, sponse to the organization’s long term aspi- trade between the U.S. and Mexico increased full employment, and enhanced levels of rations to also form a political alliance as 188 percent. But despite these seemingly ben- competitiveness and productivity. During well, Prime Minister P.J. Patterson con- eficial statistics, opponents still point out the twenty-third meeting of the Conference firmed that Jamaica considers CARICOM a that hundreds of thousands of Mexicans have of Heads of Government of the Caribbean ‘‘community of sovereign states’’ and that been negatively affected due to rising unem- Community in July 2002, Mr. Edwin W. his country would have no part of it, though ployment rates brought about by a con- Carrington, CARICOM’s secretary-general, they respect and support the rights of other tracting economy. In the first three years of called upon those in attendance to celebrate CARICOM nations to negotiate accordingly, NAFTA, over 2 million Mexicans lost their the organization’s 30th anniversary by im- if they so desire. These types of divergences jobs. Many American and Canadian workers plementing the Caribbean Single Market are what have kept CARICOM from imple- also lost out as companies moved south of Economy (CSME). In what may be an under- menting the single market economy about the border in search of cheap labor. One con- statement, Jamaican Prime Minister, Per- which they have been talking for the last fif- vincing argument now being made is that cival J. Patterson, observed, ‘‘Our situation teen years. those who benefit from NAFTA tend not to no longer permits time just for talking. It is Another deterrent to CARICOM’s quest for need it, while those who suffered before, con- high time for action here and now. In today’s economic unification is the fact that the tinue to suffer, but even more dramatically. world there is no question of simply standing Caribbean Islands all have fairly similar At the beginning of the year, U.S. officials still. Just to mark the time is to be left be- economies. Chicago School neoliberal eco- announced the commencement of discussions hind.’’ nomic scholars advocate strict adherence to concerning the Central American Free Trade Some island governments argue that the the law of comparative advantage, speciali- Agreement (CAFTA). The hope of nego- creation of a single market economy that zation, and unfettered access to markets. tiators is to eliminate tariffs and other eco- would allow goods, services, people and cap- They insist that if the above criteria are nomic barriers to the expansion of manufac- ital to move freely throughout the Caribbean present, an economy will maximize produc- tured goods, agriculture, and services, as would be a bonanza for their citizens. They tion and benefit from the gains of trade. In well as increasing FDI and portfolio invest- insist that the CSME will increase produc- the Caribbean, however, specialization has ment between the United States and Central tion and trade among member countries proven difficult due to the similarity of its America. Over 50 programs will be initiated while it also improves the quality of goods economic profiles. to help Central American countries compete and the competitiveness of their prices, cre- Antigua, The Bahamas, Barbados, and Ja- on an international level. It remains to be ates jobs and improves living standards. Oth- maica all depend heavily on tourism. For ex- seen, however, whether CAFTA will truly ers, such as The Bahamas, contend that such ample, over 60% of the Bahamas’ GDP comes help stabilize the area’s economies and bring an agreement would infringe on their sov- from tourism. Over 50% of Belize’s exports relief to all strata of Central American soci- ereignty. It may sometimes appear easier are from cane sugar, while St. Kitts also re- eties. and seemingly more beneficial for an island lies heavily on sugar, despite the commod- Some Caribbean authorities feel that a nation to enter into a bilateral agreement ity’s falling price. St. Lucia and St. Vin- NAFTA-like prescription for the Caribbean with a single country rather than with a cent’s primary income comes from the pro- would have a monumental effect on the area multiplicity of its neighbors and fellow duction of bananas, but competition involv- as the islands’ individual economies are be- CARICOM members. ing this fruit is fierce as Central American coming more and more obsolete in the inter- The Bahamas is content to be a part of countries are able to produce at a consider- national market, based as they are on high CARICOM, but hesitant to integrate into a ably cheaper price. Dominica also relies on cost sugar and banana cultivation as well as single market economy. According to Baha- bananas, but since Hurricane Luis in 1995 an increasingly fickle tourist industry. Ac- mian Prime Minister Hubert A. Ingraham, devastated the crop, the country has relied cording to the CARIBNews, the OECS hopes ‘‘the ‘free movement of people’ aspect of the upon construction and such non-traditional to implement a single market economy by SME would have serious social and political commercial activities as soap production to 2005 because ‘‘the region is likely to be ex- implications for The Bahamas, given its fuel its recovery. unique position as the target for massive un- Guyana has a large mining industry based posed to tough competition as it joins Latin regulated migration from many countries.’’ on numerous gold deposits, but lacks the re- American and North American countries in This realistic fear of a domestic job market quired skilled labor to fully exploit that signing onto the Free Trade Area of the that becomes inundated by floods of mi- commodity. Other resources found on the is- Americas.’’ grants from nearby islands appears justified lands include bauxite, petroleum, and nat- Dr. Richard Bernal, director-general of the when one looks at the statistics. The Baha- ural gas. This dependence on tourism and Caribbean Regional Negotiating Machinery mas currently enjoys a GDP per capita of limited amounts of economic diversity (CRNM), has said that the Caribbean will in- $16,800, while the average for other among the islands has pressured CARICOM evitably have to increase its participation in CARICOM members is only $5,500. The unem- members and increased inter-island competi- the global economy. Its advocates say that ployment rate in The Bahamas is a low 6.9% tion, as they at the same time seek out var- each of the nations in the Caribbean region compared to the average rate of 16.6% in ious bilateral agreements with other coun- would benefit greatly from being a part of other CARICOM nations, (If Haiti is ex- tries that best meet their needs. Perhaps for the FTAA, as their worldwide markets would cluded, the average drops to 13%). CARICOM this reason, members of the Organization of almost certainly expand. But some of the members believe that their economic prob- Eastern Caribbean States (OECS) have smaller and lesser-developed countries’ fate lems will be ameliorated once they become a sought a single market economy sooner than could be far more problematic. If the U.S. part of the proposed Free Trade Area of the CARICOM, hoping to do what the larger body and other large economies are interested in Americas (FTAA), making them even more has failed to accomplish thus far. what the smaller countries have to offer— competitive on the international level. Al- Some observers claim the OECS is pushing such as Guyana’s gold and bauxite—they will though Bahamian officials plan on negoti- to form a free trade agreement apart from need to include provisions that help those ating in collaboration with CARICOM, they CARICOM in an attempt to increase their countries develop instead of marginalizing have confirmed that they are prepared to collective bargaining power. Such an alli- their exports and forcing down their prices, voice opinions that are at variance with the ance would allow CARICOM’s smaller mem- which will only add to the poverty that al- latter’s initiatives in order to protect their ber states to contract services collectively— ready is widely found. The OECS members interests as well as ensure the proper treat- including telecommunications services, who are seeking a single market economy ment of some of the other smaller, devel- which are currently over-priced due to their and integration within the FTAA will soon oping economies. micro markets—as well as to import goods know whether their economic prospects Jamaica also on occasion has exhibited at lower prices through unified buying under the pending trade pact will fulfill the what could be called anti-CARICOM ten- power. The island nations aspire to eventu- abundance of sales talk they have heard over dencies by negotiating a unilateral air serv- ally be seen as a larger market and to profit the past few years.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.050 E23PT1 E1564 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 REMEMBERING THE LIFE AND AC- Ronney Snell leaves behind a long legacy NATIONAL NIGHT OUT SUPPORTS COMPLISHMENTS OF RALPH R. of selfless servitude to the field of Orthotics THE NATIONAL CHILD IDENTI- ‘‘RONNEY’’ SNELL and Prosthetics, and to his family and friends. FICATION PROGRAM Ronney set an example for all of us to follow, HON. JOHN S. TANNER and he will be greatly missed. HON. KEVIN BRADY OF TENNESSEE Mr. Speaker, I ask that you join me in hon- OF TEXAS IN THE HOUSE OF REPRESENTATIVES oring a distinguished public servant, an out- IN THE HOUSE OF REPRESENTATIVES standing citizen and my friend, Ronney Snell. Tuesday, July 22, 2003 Tuesday, July 22, 2003 Mr. TANNER. Mr. Speaker, I rise today to f Mr. BRADY of Texas. Mr. Speaker, I rise recognize the extraordinary life and accom- today to commend the National Association of plishments of Ralph R. ‘‘Ronney’’ Snell, CPO, PERSONEL EXPLANATION Town Watch and its National Night Out pro- FAAOP, who passed away in Memphis, Ten- gram for supporting the National Child Identi- nessee, on May 11. Mr. Snell’s death is a HON. LORETTA SANCHEZ fication Program (NCIDP), a joint partnership great loss to his family, his friends and mem- OF CALIFORNIA between the American Football Coaches As- bers of the Orthotic & Prosthetic field. IN THE HOUSE OF REPRESENTATIVES sociation and the Federal Bureau of Investiga- Ronney dedicated his career to improving tion to provide identification kits to parents and the quality of life for his patients and contrib- Tuesday, July 22, 2003 guardians to help locate missing children. In uted greatly to the success of many Orthotic Ms. LORETTA SANCHEZ of California. Mr. addition, I applaud the AFCA and the FBI in & Prosthetic companies. As a third generation Speaker, on Monday, July 21, I was unavoid- their efforts to register 2 million more children Orthotic & Prosthetic practitioner, Ronney pre- ably detained due to a prior obligation. I re- in the NCIDP by August 5, 2003, the same sided over his family’s business, Snell’s Limb quest that the CONGRESSIONAL RECORD reflect day that National Night Out will celebrate its and Braces, Inc., for 16 years. that had I been present and voting, I would 20th anniversary. Ronney served on the board of directors of have voted ‘‘yes’’ on rollcall No. 398, ‘‘yes’’ on The National Association of Town Watch Durr Fillauer Medical Inc., he served as presi- rollcall No. 399, and ‘‘yes’’ on rollcall No. 400. (NATW), a national nonprofit community-crime dent of Prosthetics and Orthotics Development prevention association located in Wynnewood, Inc., and as director of research and develop- f Pennsylvania, organizes the annual National ment and production for Florida Brace, Inc. In Night Out. The National Night Out program addition, Ronney served as director of pros- HONORING LARRY ALLEN develops relationships between local commu- thetics and orthotics at Baptist Hospital in nity and law enforcement officers in order to Memphis, Tennessee. Ronney founded his HON. MICHAEL BILIRAKIS build safer and more secure neighborhoods to own company, C.F.I. Prosthetics & Orthotics in OF FLORIDA reduce crime, decreases local violence, and Memphis, and later worked as area manager IN THE HOUSE OF REPRESENTATIVES lowers the demand for drugs. NATW provides for J.E. Hanger in Kentucky and Tennessee. Tuesday, July 22, 2003 information, program support and technical as- Ronney earned his certification in pros- sistance to local citizens and communities to thetics in 1957 and orthotics in 1975. He Mr. BILIRAKIS. Mr. Speaker, I rise today to support community-crime prevention. The Na- made countless contributions to his profes- honor Larry Allen, a retired police officer from tional Night Out campaign involves citizens, sion, and he shared his knowledge and expe- my hometown of Tarpon Springs who offers law enforcement agencies, civic groups, busi- rience with everyone he met by serving as free computer classes to children in my con- nesses, neighborhood organizations and local president of every major Orthotic & Prosthetic gressional district. officials from 9,850 communities from all 50 organization. Ronney was president of the Mr. Allen retired from the Tarpon Springs States and U.S. territories. In all, 33 million American Board for Certification in Orthotics Police Department earlier this year after thirty people participated in National Night Out in and Prosthetics in 1969, and he helped orga- years of dedicated service. He joined the force 2002. nize the American Academy of Orthotics and after high school because he wanted to serve I have participated in National Night Out Prosthetics. Ronney became the Academy’s the community in which he was raised. Mr. several times and seen first hand its effective- first president in 1971 and was named a fellow Allen, however, wanted to continue serving the ness in creating and supporting community member in 2002. Furthermore, Ronney served community he once protected after his retire- crime watch programs. National Night Out has two terms as president of the American ment. Consequently, he devotes much of his a greater presence in my State of Texas than Orthotic and Prosthetic Association, the first in time to the Department’s Cops and Kids pro- any other state in the nation and the one in 1974–1975 and the second in 1998–1999. gram, which teaches children how to use, re- The Woodlands, Texas, my home town, has Perhaps, Ronney will be remembered most pair, and take care of computers. been named a national community-watch as a mentor and teacher. Ronney held a num- The program, which allows six youngsters to award winner for several years running. ber of teaching positions to pass along his participate on a rotating basis every six As we all know, child safety and child pro- knowledge and expertise to others. He served weeks, enables its participants to get individ- tection have grown as important priorities for as a clinical instructor at the University of Ten- ualized instruction that they may not otherwise communities in recent years. Throughout its nessee’s Department of Physical Therapy; he receive at school. This attention allows the history, National Night Out has used its com- was an assistant professor of orthopedics for students to learn how to use computers as munity crime-prevention message and its com- the University of Tennessee’s rehabilitation educational tools and learn more than they munity-based networks to address major engineering program and served as an in- would without the benefit of those skills. crime-related issues. National Night Out has structor of Orthotics & Prosthetics at North- I am pleased that many individuals and proven to be a powerful tool for building western University. businesses from my congressional district stronger, safer neighborhoods, reaching more Ronney’s life-long passion was dedicated to have supported this effort by donating com- than 33 million Americans in nearly 10,000 cit- helping others and making a difference in their puters to the program. These machines are ies and towns in 2002, making it the Nation’s lives. His generosity and loving nature were refurbished and loaded with current software largest grassroots crime-prevention program. evident in his active participation with St. Jude which allows the students to take computers This year, National Night Out will support Children’s Research Hospital and the dona- home to assist with their school work. the NCIDP in its efforts to provide parents with tions he made in support of his ideals. Mr. Speaker, the Cops and Kids program is I.D. kits to collect and keep specific informa- With all the lives he touched and the con- a shining example of what can be accom- tion, such as fingerprints, that would give au- tributions he made, Ronney earned a wealth plished by dedicated individuals who care thorities vital information in cases of missing of accolades, including American Orthotic and about their community. Larry Allen is one such children. While more than 800,000 children a Prosthetic Association’s prestigious Lifetime person; a man whose career in law enforce- year are estimated to be missing each year, Achievement Award, the Academy’s Titus-Fer- ment made Tarpon Springs a safer place to less than 2 percent of all parents had a copy guson Award for a lifetime of achievement and live and work and whose concern for his com- of a child’s fingerprints to use in case of emer- a special tribute created by American Orthotic munity has improved the lives of many chil- gency. This initiative can change that reality and Prosthetic Association, American Board dren in it. I am proud to represent Mr. Allen in and help protect children. for Certification in Orthotics and Prosthetics, Congress and commend him both for his po- Mr. Speaker, supporting the NCIDP is just and the Academy to recognize his leadership lice career and his service in the Cops and one example of the value of the National Night in all three organizations. Kids program. Out program and the important role of NATW.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.054 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1565 National Night Out, which receives part of its nization can be a prime vehicle in that en- Filipino veterans are now in their 70s and funding from the Edward Byrne Memorial deavor. Thank you for your help in this im- 80s, and we lose approximately five Filipino Grant program, is one of the fastest growing, portant cause. veterans each day. They are in desperate JOHN S. HOOKS, JR., cost effective community anti-crime programs Deputy Assistant Director, need of health care. It is time for this Con- in the nation. I understand the value of Na- Policy, Administrative and Liaison Branch. gress to do the right thing and provide them tional Night Out and, as a result, have asked with the benefits they earned during the World f appropriators on the Commerce, Justice, War II campaigns. State, and the Judiciary Appropriations Sub- IN SUPPORT OF H.R. 2357, LEGIS- I thank my colleagues for passing H.R. committee to support National Night Out fund- LATION EXTENDING HEALTH 2357, and urge them to continue to push to- ing. CARE BENEFITS TO FILIPINO ward full equity for Filipino veterans. Mr. Speaker, for consideration by my col- VETERANS leagues, I have enclosed a memorandum on f SPEECH OF the NCIDP from the Federal Bureau of Inves- HONORING JOSEPH F. ZABALDO, tigation to mayors across the United States HON. ED CASE RECIPIENT OF THE GOLD LIFE- explaining this year’s National Night Out initia- OF HAWAII SAVING MEDAL tive in more detail. I respectfully request that IN THE HOUSE OF REPRESENTATIVES it be included in the RECORD. DEPARTMENT OF JUSTICE, Monday, July 14, 2003 HON. EARL BLUMENAUER FEDERAL BUREAU OF INVESTIGATION, Mr. CASE. Mr. Speaker, Filipino veterans OF OREGON Clarksburg, WV, April 11, 2003. have waited nearly 60 years for Congress to IN THE HOUSE OF REPRESENTATIVES Re community call to action. take the first steps to undo an injustice in- Tuesday, July 22, 2003 LETTER TO ALL HONORABLE MAYORS flicted upon them. I was pleased to see our According to a U.S. Department of Justice Nation finally begin to take those steps by Mr. BLUMENAUER. Mr. Speaker, it gives study, about 58,200 children are abducted passing H.R. 2357. me great pleasure to honor Mr. Joseph each year by non-family members with about When the United States asked the Phil- Zabaldo, World War II hero and Oregon resi- 45 percent of those incidents being per- ippines to help America fight the long and dif- dent. While in service, Mr. Zabaldo was a ra- petrated by strangers. This startling sta- dioman in a B–29 bomber over the Pacific tistic caused the American Football Coaches ficult battles of World War II, nearly 200,000 Association (NFL, NCAA, and high school Filipinos responded. They responded without Ocean, near Japan. On or about July 1, 1945, coaches nationwide) to launch the National hesitation to defend their homeland and to an- Mr. Zabaldo’s plane went down, crash-landing Child Identification Program (NCIDP). The swer the call for help. In return, President in the ocean. As the crew assembled in a life FBI has partnered with the Coaches Associa- Roosevelt promised that Filipino veterans raft near the sinking B–29, Mr. Zabaldo no- tion in this not-for-profit program with the would become U.S. citizens and thus have the ticed a fellow soldier tangled in ripped cable goal of providing inkless fingerprint identi- same benefits given to all other U.S. veterans. and wiring inside the wrecked bomber. As the fication (I.D.) kits far all 60 million children In October 1945 General Omar Bradley, Ad- soldier, who could not swim, frantically tried to in the United States. The FBI is separately partnered with Na- ministrator of the Veterans Administration, re- untangle himself, Mr. Zabaldo went to his res- tional Night Out which recently has also affirmed that they were to be treated like all cue, at great risk to his own life. Freeing the partnered with the AFCA’s National Child lD other American veterans and would receive frantic soldier from the sinking plane, Mr. Program in an effort to further increase full benefits. Zabaldo swam him to safety. awareness for child safety. The National As- Yet, in 1946, the U.S. Congress broke this For his efforts, he was awarded the Coast sociation of Town Watch introduced Na- promise to the Commonwealth Army and the Guard’s prestigious Gold Lifesaving Medal. tional Night Out, ‘‘America’s Night Out recognized guerrilla forces by enacting the Re- However, in the mix of World War II, Mr. Against Crime,’’ in 1984 and continues to scission Act (Public Law 79–301). Congress heighten awareness and strengthen partici- Zabaldo never actually received the medal. pation in anticrime efforts throughout com- broke the same promise made to the New His grandson, Jared, contacted my office and munities nationwide. National Night Out, Philippine Scouts when it passed the Second informed us of this situation. Now, 58 years the NCIDP, and the FBI hope to set a record Rescission Act (Public Law 79–391). The Re- later, it is my pleasure to be able to secure the on August 5, 2003, for the most ID kits dis- scission Acts stated that the World War II actual medal for Oregon’s hero. On Wednes- tributed within a single day in history. service of Filipinos would not be treated as day, July 23, 2003, Joseph F. Zabaldo will be In an effort to reach our goal, we are en- recognizable military service. These acts took awarded the Gold Lifesaving Medal for his he- couraging every city across the U.S. to par- away their benefits. ticipate in the National Night Out on Tues- roic act in World War II. day, August 5, 2003. Information for obtain- I am pleased to add my voice to those in f ing NCIDP’s inkless fingerprint ID kits for this Chamber, both today and for decades the National Night Out may be found at its past, that want us to face up to this injustice. ROAD TO PEACE IN SUDAN website http://www.nutw.org/nno/. The Na- The legislation (H.R. 2357) passed by the tional Night Out website provides you with House on July 21, 2003 authorizes the De- complete information on how to plan your partment of Veterans’ Affairs to provide hos- HON. EDOLPHUS TOWNS event, as well as a way to obtain supplies, in- pital and nursing home care and medical serv- OF NEW YORK cluding the child ID kit. Registration for the ices to certain Filipino World War II veterans IN THE HOUSE OF REPRESENTATIVES event is free and once registered, you will re- ceive an organizational kit filled with ‘‘how of the Philippines Commonwealth Army and Tuesday, July 22, 2003 former Philippines New Scout veterans who to’’ materials such as: promotional ideas, Mr. TOWNS. Mr. Speaker, as you are keen- guidelines, tips, Q&As, camera-ready art, permanently reside in the United States, in the sample news releases, and proclamations. same manner as provided to U.S. veterans. ly aware, the Road to Peace for the people of Act quickly so that you do not miss this op- The bill would provide health care benefits to Sudan has been long and perilous. Yet the portunity to communicate the issues of safe- approximately 14,000 Commonwealth Army prospect for a lasting peace may finally be at ty with your community on August 5, 2003. and New Philippines Scout veterans who are hand. Negotiations among the government of Registration is easy and can be completed permanent and legal residents of the United Sudan and the Sudan People’s Liberation online by following these four easy steps: States. Movement/Army (SPLM/A) have been ongoing Identify a Contact Person; go to the Na- I support this legislation, but it is time for over the past 10 months under a renewed tional Night Out website http:// commitment to peace and with a determina- www.nutw.org/nno/; register online, it’s free; this Congress to turn its attention to the ap- and publicize your event. proximately 30,000 Commonwealth Army and tion to resolve the important issues that re- Many law enforcement agencies and cor- New Philippines Scout veterans living in the main. porations are currently combining the dis- Philippines who served alongside American I observed today, the debate on H. Res. tribution of the NCIDP kits with other pre- soldiers, risked their lives during World War II, 194 regarding the importance of international vention, drug awareness, violence education, yet were denied the veterans’ benefits that efforts to abolish slavery and other human and community outreach programs. For were promised to them. The passage of H.R. rights abuses in Sudan. Mr. Speaker, I share more information on the NCIDP and how you 2357 does not release the United States from the concerns of my distinguished colleagues can help protect children in your commu- nity, visit their website at its moral obligation to provide Filipino vet- and their desire to see an end to slavery and www.childidprogram.com or call (234) 630–2245. erans, regardless of where they live, the bene- human rights abuses, be it Sudan or else- It is paramount that we do all we can to fits that were unfairly taken away from them in where in the world. But while we cannot con- ensure the safety of our children. Your orga- 1946. done or ever forget the past, in my view the

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.058 E23PT1 E1566 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 interests of the people of Sudan are best allegations of slavery, human rights abuses Julia´’s life and career were cut short by a fatal served by focusing on the future and finding and religious persecution. stroke. He was given a state funeral in Puerto lasting peace and stability for the region. Mr. Speaker, the situation in Sudan is the Rico, where thousands of people attended as On April 21, 2003, President Bush, in his product of nearly a half-century of conflict and a testimony to his many lasting achievements. Presidential Determination Under the Sudan political divisiveness. While we must never for- Mr. Speaker, I ask my colleagues to please Peace Act, certified that the government of get the past, the interests of the Sudanese join me in finally recognizing and honoring Sudan and the People’s Liberation Movement people will be best served by focusing in the Rau´l Julia´’s great contributions to the Latino (SPLM/A) are negotiating in good faith. This future and achieving lasting peace. community and to the performing by cospon- historic event underscores the government of We look forward to the day when peace is soring this legislation. Sudan’s commitment to peace and sets the at hand and when U.S. sanctions can be lifted f stage for a negotiated peace agreement and and Sudan removed from the state terrorist the chance for dignity, prosperity and a better sponsors list. Only then will the people of PERSONAL EXPLANATION way of life for the people of Sudan, especially Sudan be able to receive the benefits of for Sudanese children. American ingenuity, technology and invest- HON. LYNN C. WOOLSEY Mr. Speaker, there will be those who will ment for their sustained growth and economic OF CALIFORNIA criticize the president’s decision and who will prosperity. IN THE HOUSE OF REPRESENTATIVES focus on past history while giving little recogni- f Tuesday, July 22, 2003 tion to the positive events of the past year. ´ Ms. WOOLSEY. Mr. Speaker, yesterday I The tragedy of such criticism is that it pro- HONORING THE LEGACY OF RAUL ´ hosted a townhall forum with my constituents motes a policy of divisiveness instead of unity JULIA to discuss the Republicans’ prescription drug which would enhance the prospects for peace plan and how it will harm America’s seniors. and stability to the region. Even more trouble- HON. LUIS V. GUTIERREZ As a result, I missed rollcall votes 398–400. some is that such criticism shifts the focus OF ILLINOIS Had I been present, I would have voted: No. from the real prospects for peace that now IN THE HOUSE OF REPRESENTATIVES 398—‘‘yea’’ No. 399—‘‘yea’’ and No. 400— exist. While progress on the peace front has Tuesday, July 22, 2003 ‘‘yea.’’ not been without set backs, positive develop- ments have and continue to occur and should Mr. GUTIERREZ. Mr. Speaker, today I intro- f not be ignored. duce legislation to honor the achievements of IN MEMORY OF JUNE KEEFE Mr. Speaker, the release of special envoy the late Rau´l Julia´ by awarding his family the OWENS John Danforth’s April 2002 report ‘‘Outlook for Congressional Gold Medal. I am pleased that Peace in Sudan’’ put in motion the events to- 31 of my colleagues have joined me as origi- nal cosponsors of this important resolution. HON. BOB BEAUPREZ date that have helped reestablish the present OF COLORADO Whether he played Edmund in Shake- framework for peace. Following the Danforth IN THE HOUSE OF REPRESENTATIVES report, an important first step towards peace speare’s King Lear, or Valentı´n in The Kiss of was the signing of the Machakos Protocol, on the Spiderwoman, or Rafael the fix-it-man on Tuesday, July 22, 2003 July 20, 2002, resolving the major issues of Sesame Street, the passion and talent that Mr. BEAUPREZ. Mr. Speaker, the occasion self-determination for the south and the sepa- Rau´l Julia´ exhibited in his work made him an upon which I rise tonight is not one I looked ration of state and religion. In September inspiration for actors of all backgrounds. Rau´l forward to. The duties of our office can at 2002, peace talks resumed under a negotiated Julia´ took risks in the projects he chose and times overwhelm us, but the privileges of this ceasefire agreement and in October, 2002, the the success of these risks was an inspiration floor are also humbling. And it is with humility government of Sudan and the SPLM/A signed of aspiring actors everywhere and especially that I have the honor of submitting these a Memorandum of Understanding (MOU) to in his native Puerto Rico. words in memory of a dear lady, the mother allow unimpeded humanitarian access to all Rau´l Julia´ often chose to forgo traditional of a good friend, for the RECORD. areas and to people in need, in accordance plays and Hollywood blockbusters for such in- Recently, the Governor of Colorado lost his with the Operation Lifeline Sudan (OLS) novative roles as a Fellini-esque filmmaker in mother, June Keefe Owens, on July 16 fol- agreement. the Broadway musical Nine or as slain Salva- lowing a tragic stroke. While she can never be In addition, an addendum to the October doran Archbishop Oscar Romero in the movie replaced, the warmth of her smile will never 2002 MOU on cessation of hostilities was Romero. Best known for his roles as Gomez be lost. signed to add new mechanisms to strengthen Addams in The Addams Family and as Chico Mrs. Owens was born in Fargo, ND, met her implementation. Later in February, the human Mendez in The Burning Season, he was nomi- husband in Minneapolis, was married in New rights group Amnesty International was invited nated for four Tony awards in 10 years, and Jersey, raised her family in Texas, and spent to visit Sudan for constructive dialogue on posthumously received the Emmy Award, her golden years in Colorado. She raised five human rights issues. Golden Globe Award and the Screen Actors’ wonderful children—Mike, Mary K, Bill, Betsy, On March 4, the mandate of the Civilian Guild award. and Kelly—and eleven grandchildren—Brad, Protection Monitoring Team (CPMT) was ex- In addition to his talents on the stage and Jennifer, Matthew, Patrick, Michael, Monica, tended for another year. Later in March, the screen, Rau´l Julia´ was an activist on both Julie, Mark, Brett, Ellen, and Laura. ceasefire agreement was extended to June local and global levels. He was a spokes- She was an energetic volunteer, who spent 30, 2003. Most recently, on May 1 the United person for the Hunger Project, a nonprofit or- her time in Colorado volunteering for the Can- Nations secured the opening of a new corridor ganization committed to the eradication of cer League, Porter Hospital, and the Cherry in southern Sudan to enhance humanitarian world hunger, and was also involved in La Creek Republican Women’s Association. And access to the region. Familia, a New York City outreach program for while I never sat down with her for bridge, I Mr. Speaker, I hope my distinguished col- Latino families in need. Rau´l Julia´’s immense understand she played a mean hand. leagues will view these developments as testi- success did not diminish the immense gen- Looking back, I can remember many engag- mony to government of Sudan’s commitment erosity of his spirit and dedication to helping ing conversations with Mrs. Owens, but it was to achieving a lasting peace for the benefit of actors from Puerto Rico and elsewhere. His rare when the two of us spoke alone. Every- all our people. long-standing association with the New York where she went, June attracted a crowd with While these and other events give hope for Public Theater and the New York Shake- her pleasant smile, warm words, and genuine peace and a permanent end to hostilities, speare Festival opened doors to nontraditional kindness. I remember well her words of hope there are many of my colleagues who remain parts for Hispanic actors. He co-founded the and encouragement during my campaign last skeptical. Latino Playwrights Reading Workshops and year. In politics, we see all too often when a There remain roughly 90 days before the was instrumental in the creation of the Puerto person’s kindness is but fleeting. People say next ‘‘determination’’ under the Sudan Peace Rico Traveling Theater, which showcases bi- ‘‘good luck’’ or ‘‘I’m pulling for you,’’ and you Act must be made. I would call on my col- lingual plays and Hispanic playwrights and ac- just know it’s mostly out of obligation to say leagues to join me in supporting an NGO- tors, while bringing theater to those who can- something. Her kindness was much deeper— sponsored fact finding delegation mission to not ordinarily afford it. in her soul, she really cared about the lives of Sudan and an accompanying report on the In 1994, thirty years after he made his those around her, and had the ability to touch findings to assist in fully understanding the Broadway debut in Spanish playwright and warm your heart as too few are able to current situation in the Sudan with regard to Caldero´n de la Barca’s Life is a Dream, Rau´l do.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A22JY8.062 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1567 They often say that a person’s legacy is more likely that the tubes are intended for ANNEX A—IRAQ’S ATTEMPTS TO ACQUIRE what you leave behind. June left behind a ter- another purpose, most likely the production ALUMINUM TUBES rific family full of life and full of love. Today of artillery rockets. The very large quan- Some of the specialized but dual-use items tities being sought, the way the tubes were one child is in technology, one is a home- being sought are, by all indications, bound tested by the Iraqis, and the atypical lack of maker, another a diplomat, one an educator, for Iraq’s missile program. Other cases are attention to operational security in the pro- ambiguous, such as that of a planned mag- and one a Governor. They are each an amaz- curement efforts are among the factors, in net-production line whose suitability for ing story of success. She was so proud of addition to the DOE assessment, that lead centrifuge operations remains unknown. them all. And that pride was well returned. INR to conclude that the tubes are not in- Some efforts involve noncontrolled indus- Never did I see her children around her with- tended for use in Iraq’s nuclear weapon pro- trial material and equipment—including a out genuine and fond admiration for their gram. variety of machine tools—and are troubling mother. CONFIDENCE LEVELS FOR SELECTED KEY because they would help establish the infra- She was also vigilant about serving God JUDGMENTS IN THIS ESTIMATE structure for a renewed nuclear program. But such efforts (which began well before the and saved a pew every Sunday for her family, HIGH CONFIDENCE inspectors departed) are not clearly linked just in case. She would often call the Gov- Iraq is continuing, and in some areas ex- to a nuclear end-use. Finally, the claims of ernor just to make sure he had been to Mass panding its chemical, biological, nuclear and Iraqi pursuit of natural uranium in Africa during the week. Her faith went much further missile programs contrary to UN resolu- are, in INR’s assessment, highly dubious. than Sunday mornings. It was part of her tions. f every moment. We are not detecting portions of these Mr. Speaker, I wish I had more words to de- weapons programs. THE RETIREMENT OF MAJOR scribe this wonderful lady, but they seem to Iraq possesses proscribed chemical and bio- GENERAL ROBERT IVANY logical weapons and missiles. fall short. I thank my colleagues for this oppor- Iraq could make a nuclear weapon in tunity to pay my respects in this special way months to a year once it acquires sufficient HON. TODD RUSSELL PLATTS to June Keefe Owens—the wife of an army of- weapons grade fissile material. OF PENNSYLVANIA ficer, the mother of a Governor, a smile that MODERATE CONFIDENCE IN THE HOUSE OF REPRESENTATIVES will be missed. Tuesday, July 22, 2003 May she rest in eternal peace, and may Iraq does not yet have a nuclear weapon or sufficient material to make one but is likely Mr. PLATTS. Mr. Speaker, I would like to comfort and strength be granted to those who to have a weapon by 2007 to 2009. loved and admired her so dearly. take this opportunity to recognize the accom- LOW CONFIDENCE plished military career and life of Major Gen- f When Saddam would use weapons of mass- eral Robert Ivany, Commandant of the United DECLASSIFIED PORTIONS OF THE destruction. States Army War College in Carlisle, PA. Gen- NATIONAL INTELLIGENCE ESTI- Whether Saddam would engage in clandes- eral Ivany will officially step down as Com- MATE tine attacks against the U.S. Homeland. mandant of the War College on July 28, 2003 Whether in desperation Saddam would and retire from the Army on September 30, share chemical or biological weapons with HON. PETER T. KING al-Qa’ida. 2003. Three-year-old Robert Ivany, the son of OF NEW YORK World War II refugees from Hungary, immi- IN THE HOUSE OF REPRESENTATIVES Uranium Acquisition. Iraq retains approxi- mately two-and-a-half tons of 2.5 percent en- grated to the United States with his parents Tuesday, July 22, 2003 riched uranium oxide, which the IAEA per- following the war. Our country has greatly Mr. KING of New York. Mr. Speaker, as I mits. This low-enriched material could be benefited from his presence here ever since. used as feed material to produce enough HEU stated yesterday, President Bush’s adver- Over the course of his 34 years of dedi- for about two nuclear weapons. The use of cated service in the United States Army, Gen- saries—both in the political arena and the enriched feed material also would reduce the media—have chosen to ignore or distort the eral Ivany served a combat tour in Vietnam, initial number of centrifuges that Baghdad taught history at West Point, spent 2 years as facts regarding Iraq’s pursuit of a nuclear would need by about half, Iraq could divert weapons program. To counter the numerous this material—the IAEA inspects it only an aide to President Ronald Reagan, and inaccuracies created by too many people who once a year—and enrich it to weapons grade commanded forces throughout the world. Gen- should know better, I am including in the before a subsequent inspection discovered it eral Ivany’s career culminated with his ap- was missing. The IAEA last inspected this pointment as the 45th Commandant of the RECORD the second half of the declassified material in late January 2002. portions of the National Intelligence Estimate War College at Carlisle Barracks, the Army’s Iraq has about 550 metric tons of released by the White House this past Friday. foremost institution for educating its leaders. yellowcake and low-enriched uranium at As Commandant, General Ivany has STATE/INR ALTERNATIVE VIEW Tuwaitha, which is inspected annually by brought each institution on post together to be . . . acquire nuclear weapons. Iraq may be the IAEA, Iraq also began vigorously trying a more cohesive team and better focused on to procure uranium ore and yellowcake; ac- doing so, but INR considers the available evi- the overall goals of the War College. Perhaps dence inadequate to support such a judg- quiring either would shorten the time Bagh- ment. Lacking persuasive evidence that dad needs to produce nuclear weapons. his greatest legacy will be his tireless efforts to Baghdad has launched a coherent effort to A foreign government service reported that improve the quality-of-life of the students, and reconstitute its nuclear weapons program, as of early 2001, Niger planned to send sev- their families, while attending the War College, INR is unwilling to speculate that such an eral tons of ‘‘pure uranium’’ (probably as well as the officers and soldiers stationed effort began soon after the departure of UN yellowcake) to Iraq. As of early 2001, Niger at Carlisle Barracks. General Ivany has begun inspectors or to project a timeline for the and Iraq reportedly were still working out the process of upgrading housing, constructing completion of activities it does not now see arrangements for this deal, which could be a new classroom, and renovating other facili- for up to 500 tons of yellowcake. We do not happening. As a result, INR is unable to pre- ties. His vision will help guide the War College dict when Iraq could acquire a nuclear device know the status of this arrangement. or weapon. Reports indicate Iraq also has sought ura- for years to come. In INR’s view Iraq’s efforts to acquire alu- nium ore from Somalia and possibly the I also want to express my deepest gratitude minum tubes is central to the argument that Democratic Republic of the Congo. to General Ivany’s family—his wife Marianne, Baghdad is reconstituting its nuclear weap- We cannot confirm whether Iraq succeeded sons Christopher, Marc, and Brian, and ons program, but INR is not persuaded that in acquiring uranium ore and/or yellowcake daughter Julianne. I am very much aware of the tubes in question are intended for use as from these sources. Reports suggest Iraq is and deeply grateful for the many sacrifices centrifuge rotors. INR accepts the judgment shifting from domestic mining and milling of that military family members also make on be- of technical experts at the U.S. Department uranium to foreign acquisition. Iraq pos- half of their country. of Energy (DOE) who have concluded that sesses significant phosphate deposits, from Major General Robert Ivany is a true patriot the tubes lraq seeks to acquire are poorly which uranium had been chemically ex- suited for use in gas centrifuges to be used tracted before Operation Desert Storm. In- and public servant. His profound patriotism for uranium enrichment and finds telligence information on whether nuclear- and dedication to duty serve as shining exam- unpersuasive the arguments advanced by related phosphate mining and/or processing ples of citizenship for all Americans to emu- others to make the case that they are in- has been reestablished is inconclusive, how- late. I offer my most sincere thanks for all that tended for that purpose. INR considers it far ever. General Ivany has given our great Nation.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A22JY8.066 E23PT1 E1568 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 EXPRESSING SENSE OF HOUSE OF Born in Marshalltown, Iowa, Dr. Bridges re- that we will never forget the 37,000 troops REPRESENTATIVES THERE ceived his B.A. from the University of Northern who sacrificed their lives and the 104,000 SHOULD BE ESTABLISHED A NA- Iowa in 1959, and his M.A. in 1963. In 1970, Americans injured in Korea. TIONAL COMMUNITY HEALTH Dr. Bridges earned his Ph.D. from the Univer- I am honored to represent 31,611 veterans CENTER WEEK sity of Illinois at Champaign/Urbana. who make their home in Illinois’ Fifth Congres- In 1970, after an early career as a teacher, sional District. One of them is a Korean War SPEECH OF librarian and assistant professor, Dr. Bridges Veteran I am honored to call a good friend— HON. RAHM EMANUEL was named an NHPRC Fellow in Documen- Mr. Eugene Piltaver. For many years, Gene OF ILLINOIS tary Editing. Assigned to the Papers of Ulys- has devoted his time to ensuring that his fel- IN THE HOUSE OF REPRESENTATIVES ses S. Grant at Southern Illinois University, low veterans are honored for their service to our country. A testament to his commitment is Monday, July 21, 2003 Carbondale, Dr. Bridges began his profes- sional career in historical research. symbolized by the United States Military Mr. EMANUEL. Mr. Speaker I rise today in In 1971, Dr. Bridges served as the Director Armed Forces Veterans Memorial in his home- support of House Resolution 240, to establish of Research for the Illinois State Historical Li- town in Franklin Park, Illinois. Gene not only National Community Health Centers Week. brary in Springfield. In 1976, he was promoted conceived of the idea for the Memorial, but This resolution highlights the importance of to Head Librarian. In 1987, Dr. Bridges be- also rallied support and funding to build this health centers throughout the nation, and aids came Assistant Illinois State Historian and impressive monument dedicated to the brav- these organizations in promoting their valuable Founding Editor of the prestigious Abraham ery and patriotism to Franklin Park’s veterans. health services to the public. Lincoln Legal Papers for the Illinois Historic Mr. Speaker, on behalf of Eugene Piltaver Community health centers provide a wide Preservation Agency at Springfield and Illinois and all of the veterans who have served and range of essential health services, often to un- State University. sacrificed for our nation, I am proud to support insured and underinsured individuals. Espe- In 1988, the Rutherford B. Hayes Presi- the Year of the Korean War Veteran. cially in this era when so many Americans re- dential Center, the nation’s first presidential li- f main uninsured, the role of community health brary and museum, asked Dr. Bridges to be- A SPECIAL TRIBUTE TO FARM- centers in the health care system is critical. come the fourth director in the Center’s tre- Among the important services provided are WORKER APPRECIATION DAY— mendous history. FREMONT, OHIO mental health care, senior care, HIV/AIDS In addition to his prominent position, where services, substance abuse treatment, and im- Dr. Bridges has worked for the past 15 years munizations. Filling a gap in providing care for as Director of the Hayes Presidential Center, HON. PAUL E. GILLMOR low income individuals, including those without he has received honorary doctorates from Lin- OF OHIO insurance, community health centers should coln College and Tiffin University. Further- IN THE HOUSE OF REPRESENTATIVES be recognized for their dedication to the im- more, Dr. Bridges has been honored for his Wednesday, July 23, 2003 provement of America’s public health. work in civil rights and state and local history. Thousands of these institutions operate na- Mr. GILLMOR. Mr. Speaker, it is with great Dr. Bridges is also an active member of sev- tionwide, and in my own district in Illinois, the pride that I rise today to pay special tribute to eral professional organizations, including the Melrose Park Family Health Center and the an outstanding event taking place in my dis- Ohio Historical Society, served as Secretary- new Peterson Family Health Center are exam- trict in Northwest Ohio. Saturday, August 2, Treasurer for the Society for Historians of the ples of the tremendous service they provide. 2003, people from across Ohio’s Fifth Con- Gilded Age and Progressive Era, and is a past More than 5,000 visits were made to the Mel- gressional District will gather in Fremont to member of the Ohio Academy of History Exec- rose Park Family Health Center within three celebrate Farmworker Appreciation Day. utive Council. There is no question that farming is the months after it opened in October 2002. Serv- Mr. Speaker, I ask my colleagues to join me backbone of our nation. From the earliest days ing a wide variety of patients, many of whom in paying special tribute to Dr. Roger D. of our nation’s history, hardworking men and have no insurance, the Center’s most common Bridges. Our communities are served well by women have taken to the fields to plant and services include immunizations, and treatment having such honorable and giving citizens, like harvest crops and raise livestock in order to for respiratory infections and hypertension. As Dr. Bridges, who is a wonderful asset to the feed their families, their neighbors, and their part of Chicago’s Citywide Emergency Re- state of Ohio. On the occasion of his retire- fellow countrymen. sponse Program, the Center also would treat ment, we wish Dr. Bridges all the best as we Mr. Speaker, farming is an honorable pro- victims in the case of a bio-terror attack. pay tribute to one of Ohio’s finest citizens. fession that takes a great deal of skill, pa- Mr. Speaker, I applaud Representative tience, and hard work. Those hardworking DAVIS and the Members of the Committee on f men and women who work on our nation’s Government Reform for introducing this legis- RECOGNIZING AND SUPPORTING farms deserve much credit for helping to make lation and bringing it to the floor today. It high- THE GOALS AND IDEALS OF THE our lands productive and fruitful. lights the crucial efforts of community health YEAR OF THE KOREAN WAR Through the arduous process of working centers across the nation that improve and VETERAN and cultivating the soil, these farmworkers even save the lives of numerous Americans help prepare the ground, plant the crops, and SPEECH OF on a daily basis. harvest the food we need to live. The lifestyle f HON. RAHM EMANUEL of a farmworker is tough. Like the farmer, the A SPECIAL TRIBUTE TO ROGER D. OF ILLINOIS farmworker must endure the ever-changing BRIDGES, PH.D., EXECUTIVE DI- IN THE HOUSE OF REPRESENTATIVES seasons from the harshest winters to sun dry- ing, waterless droughts to rain-soaked days RECTOR OF THE RUTHERFORD B. Monday, July 21, 2003 HAYES PRESIDENTIAL CENTER, that lead to disastrous floods. farmworkers ON THE OCCASION OF HIS RE- Mr. EMANUEL. Mr. Speaker, I rise today in watch the fields as thunderous storms race TIREMENT strong support of H. Con. Res. 212, to pro- across them damaging the crops from which claim 2003 as the Year of the Korean War they make their living. However, through it all, HON. PAUL E. GILLMOR Veteran. As we commemorate the 50th anni- farmworkers continue to the fields to do their versary of the Korean Armistice, it is entirely OF OHIO work. appropriate to pay tribute to the nearly 1.7 mil- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, agriculture is vitally important lion troops who fought on the Korean penin- to the Fifth District of Ohio as we are home to Wednesday, July 23, 2003 sula by designating this year in their honor. nineteen percent of Ohio’s farmland. We know Mr. GILLMOR. Mr. Speaker, it is with great U.S. troops endured some of the most bru- that the economy of our part of Ohio depends pride that I rise today to pay special tribute to tal conditions ever experienced in the history on farming. The prosperity of my district is de- an outstanding gentleman from Ohio. A schol- of American warfare. They fought in extreme pendent in large part upon the tireless efforts ar, librarian, professor, and writer, Dr. Roger heat as well as cold so severe that some of the farmworkers who bring in the crops. I D. Bridges is a well-respected citizen of Fre- troops literally froze to the floors of their fox- can think of no better way to celebrate the mont, Ohio. Executive Director of The Ruther- holes. But sadly, their sacrifice and bravery contributions of these individuals than to take ford B. Hayes Presidential Center, Dr. Bridges are often overlooked. In response, this resolu- part in farmworker Appreciation Day. has earned credentials in a wide range of dis- tion ensures that the ‘‘Forgotten War’’ is al- Mr. Speaker, I ask my colleagues to join me ciplines. ways remembered in American history, and in paying special tribute to farmworkers by

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.001 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1569 helping me proclaim August 2, 2003 as farm- ice, and the National Park Service to charge EXPRESSING SENSE OF HOUSE OF worker Appreciation Day. We thank them for citizens to recreate on public land, including REPRESENTATIVES THERE all they have done and wish them the very primitive trails and unimproved campgrounds. SHOULD BE ESTABLISHED A NA- best for the future. I believe—as do many of my constituents who TIONAL COMMUNITY HEALTH f hike and picnic in the Angeles National Forest CENTER WEEK in Southern California—that it is patently unfair VETERANS HEALTH CARE SPEECH OF IMPROVEMENT ACT OF 2003 to charge them a fee to hike or picnic in these undeveloped public lands that they already HON. DANNY K. DAVIS OF ILLINOIS SPEECH OF support with their tax dollars. IN THE HOUSE OF REPRESENTATIVES HON. RAHM EMANUEL The GAO has recently found evidence of serious mismanagement of the Recreation Monday, July 21, 2003 OF ILLINOIS Fee program. Only 50 cents of every dollar Mr. DAVIS of Illinois. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES collected is actually used to maintain or im- today as the proud sponsor of this resolution Monday, July 21, 2003 prove our public lands. This mismanagement to establish a National Community Health Mr. EMANUEL. Mr. Speaker, I rise today in is unacceptable, and we must not allow it to Center Week. As we have discussed prescrip- strong support of H.R. 2357, the ‘‘Veterans continue. tion drugs for our seniors on the House floor, some of the main points of discussion have Health Care Improvement Act.’’ This bill will Let me be clear that I strongly support the bestow Filipino veterans with the honor and been issues like affordability, accessibility and National Park System, and users have already who is being served. Just as the bill that was dignity they deserve for their service in the Pa- paid fees for use of National Parks, as well as cific theatre of World War II. passed last Congress and this Congress, developed campsites, boat launches, and Filipino soldiers fought shoulder-to-shoulder there will be individuals that can not afford other developed areas. Evidence shows that and died alongside American troops at some their prescriptions or some that will just not of the war’s most horrific battles like Bataan the National Park Service has a much more have access to them. Fortunately, I know that and Corregidor. During the infamous Bataan impressive track record in utilizing its program there are Community Health Centers available Death March, Filipino soldiers swelled the fees towards maintenance backlogs in national throughout the nation to help those in need or ranks of the dead to over six thousand. Yet for parks. who get displaced by health care legislation. all their sacrifices, Congress in 1946 divested Nonetheless, we must not allow the Recre- Community health centers have become the Filipino soldiers of their military benefits while ation Fee Demonstration program to continue safety net within the health care system caring soldiers of other allied countries retained their without enhanced Congressional oversight. I for 1 of every 5 low-income babies born in status and privileges as American veterans. It urge my colleagues to support the DeFazio- America, 1 of every 8 uninsured individuals, 1 is long past time to reverse that injustice by Bradley amendment to strike this wasteful pro- of every 9 Medicaid beneficiaries, 1 of every enacting this legislation. gram. 9 persons of color, 1 of every 10 rural Ameri- H.R. 2357 will restore veterans’ status to the cans, almost 750,000 homeless and nearly 850,000 farm workers. Community health cen- 14,000 permanent legal residents who are Fili- f pino veterans of World War II. This will go a ters are established in almost every corner of long way to provide comfort and security to PERSONAL EXPLANATION our nation, representing every aspect of any them in their twilight years. For those suffering Congressional district—whether it be assisting service-connected illnesses and injuries, Fili- the working poor in the inner city or in the pino veterans will finally receive the right to HON. JENNIFER DUNN rural farmland, migrant workers, or even those medical care they earned so long ago. The who have insurance but do not have access to most elderly veterans will be granted urgently OF WASHINGTON any other health facilities. needed nursing home care. IN THE HOUSE OF REPRESENTATIVES These health centers provide high-quality, Mr. Speaker, young Filipino men responded cost effective health care as they continually to the call of duty over sixty years ago and Wednesday, July 23, 2003 meet escalating health needs and assist in re- ducing health disparities as well as adapting to fought valiantly under the American flag. Now Ms. DUNN. Mr. Speaker, on Tuesday, July toward the end of their lives, they deserve to the changing nation. With the weakened econ- 22, 2003, I was unable to be present for roll- benefit from the values that the American flag omy and unemployment reaching its highest call votes No. 401 and No. 402 because I was represents. To that end, I stand in strong and point in almost a decade, our nation’s health unavoidably detained. Had I been here, I proud support for H.R. 2357. centers are feeling and will continue to feel the would have voted ‘‘aye’’ on rollcall No. 401 consequences by an increasing volume of pa- f and rollcall No. 402. tients, especially the uninsured. By estab- DEPARTMENT OF THE INTERIOR lishing a week to raise awareness of commu- AND RELATED AGENCIES APPRO- f nity health centers, we will also be highlighting PRIATIONS ACT, 2004 each year the great accomplishments these PERSONAL EXPLANATION nonprofit, community owned and operated SPEECH OF health providers offer so many communities. HON. ADAM B. SCHIFF With recent numbers indicating that the na- HON. JIM SAXTON tion’s uninsured population is even higher than OF CALIFORNIA OF NEW JERSEY once thought, at a startling 60 million, if our IN THE HOUSE OF REPRESENTATIVES nation will not realize the need for universal Thursday, July 17, 2003 IN THE HOUSE OF REPRESENTATIVES health care, we need to realize the importance The House in Committee of the Whole Wednesday, July 23, 2003 and the need to better fund our community House on the State of the Union had under health centers. consideration the bill (H.R. 2691) making ap- Mr. SAXTON. Mr. Speaker, I rise today to One of the most amazing aspects of the propriations for the Department of the Inte- explain my absence for rollcall number 401. community health centers is the involvement rior and related agencies for the fiscal year During the vote, I was at the U.S. Department of the community. Each center tailors their ending September 30, 2004, and for other pur- services to best meet the needs and priorities poses. of State attending a swearing-in ceremony for Ambassador Eric Edelman, the new U.S. Am- of the communities of which they are in. Citi- Mr. SCHIFF. Mr. Chairman, I rise today in bassador to Turkey. After having the chance zens in these communities become active par- support of the DeFazio-Bradley amendment to to work with Ambassador Edelman during his ticipants in their community’s health care deci- strike the Mr. Recreational Fee Demonstration tenure with the Vice President, I wanted to sion making. Health centers even provide ap- program from the Interior Appropriations bill. proximately 60,000 jobs to the residents in the personally extend my congratulations and ex- This program is punitive, unfair, and mis- communities of the centers. managed. press my appreciation for his long-standing Mr. Speaker, community health centers are The Recreation Fee Demonstration program service to our country. the safety net that are committed to serving all allows the U.S. Forest Service, the Bureau of However, had I been present for the vote, I individuals with the mission that everyone de- Land Management, the Fish and Wildlife Serv- would have voted ‘‘aye’’. serves quality health care services regardless

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.004 E23PT1 E1570 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 of where one resides, if they can pay or have terior in 1997 under Secretary Babbitt issued tion. The solution is that we ought to hold insurance. They are vital in insuring that rules to deal with RS 2477. Congress did not hearings, we ought to try to move forward and America’s forgotten are being kept healthy. like it, passed legislation just like we are look- make progress, bring the interests of all the f ing at now to stop the funding of processing stakeholders together, and let us make under that rule, and Congress said the Depart- progress and move forward on RS 2477 DEPARTMENT OF THE INTERIOR ment of the Interior should not make any other claims. AND RELATED AGENCIES APPRO- rules until Congress deals with it. f PRIATIONS ACT, 2004 Now we flash forward to 2003. The Depart- RECOGNIZING THE NAPA VALLEY ment of the Interior under a different Secretary OPERA HOUSE ON THE OCCASION SPEECH OF has issued a new set of rules, and once again OF ITS GRAND REOPENING HON. JIM MATHESON we are revisiting the issue of whether or not OF UTAH Congress should be involved in trying to have HON. MIKE THOMPSON IN THE HOUSE OF REPRESENTATIVES an inclusive process where we get all the stakeholders together and try to make OF CALIFORNIA Thursday, July 17, 2003 progress on this issue. IN THE HOUSE OF REPRESENTATIVES The House in Committee of the Whole There is no question that there are legiti- Wednesday, July 23, 2003 House on the State of the Union had under mate claims out there for roads under RS Mr. THOMPSON of California. Mr. Speaker, consideration the bill (H.R. 2691) making ap- 2477. We all know that. We all know there are I rise today in honor of the Napa Valley Opera propriations for the Department of the Inte- roads that are roads. We know there would be House, as this venue returns to life after 89 rior and related agencies for the fiscal year some claims out there where we would agree ending September 30, 2004, and for other pur- years of being closed to our community. poses: they are really not roads. I would submit to the Built in 1879 and now a national historic Members, in fact, that most of the claims in landmark, the Napa Valley Opera House was Mr. MATHESON. Mr. Chairman, I rise as a Utah are not controversial. But the problem is the center of community life during its heyday, sixth generation Utahn. I come from the West, that everybody has been scared, everyone playing host to luminaries such as Jack Lon- and I come from a State with public lands. has been scared to deal with the non- don, John Philip Sousa and the legendary so- Quite frankly, public lands in the West are controversial roads, thinking they would make prano Luisa Tetrazzini. Vaudeville shows, what this issue is all about. I have grown up some precedent that would place them at a masquerade balls and temperance rallies were with a legacy of the use of those public lands disadvantaged position when we deal with the regular fare. But the hall went dark in 1914, a in my State. My roots are in southern Utah. controversial claims. victim of changing times. As late as the 1980s, Utah is a remarkable State. It is like a lot of So we have been involved in one litigation the building had reached such a state of di- the Western States, and it has got a lot of re- action after another, and one administration lapidation that it was on the verge of being markable public lands, some places that are promulgates one set of rules, and another ad- condemned. very special. As time has evolved, a lot of ministration promulgates a different set of The grand reopening marks the successful people around the world have discovered rules, and we are not making any progress. completion of a grassroots preservation cam- those lands as well; and I think it is safe to I bring before the Members tonight an paign that began 30 years ago and ultimately say, and I think there would be consensus at amendment. It is not a perfect amendment. It saved the structure from the wrecking ball. some point, that there is a lot of land out there is not perfect to any stakeholder in this de- The fundraising effort started in earnest in that is worthy of protection because of its re- bate. But what it attempts to do is make some 1986, and received a vital boost 11 years markable value. progress, some progress in trying to designate later, when Robert and Margrit Mondavi put When I talk about the public lands debate, the least controversial roads and allow them to forward a $2.2 million challenge grant. To ac- I know tonight we are talking about the issue move forward. In Utah, we call them class B knowledge the importance of that gift, the of RS 2477 and designation of roads, but it is roads. That is a State classification. But we main hall has been named the Margrit Biever really part of the overall public lands debate have adopted that language in my substitute Mondavi Theatre. we have in our State and in the West. I look amendment. Indeed Mr. Speaker, the return of this dais back over my lifetime about how that debate These are roads that can be traveled by represents a rebirth of artistic culture that will has been carried out. When I think about it, I two-wheel-drive vehicles. These are roads help bind our community together. Theatre arts no longer shall be rendered a relic of the think about so much emotion and so much ef- where I would suspect that no one would dis- past but will be celebrated as an institution of fort that has gone into this debate, but there agree that there is a legitimate claim. And I the present; binding young and old, and link- has been no progress. I am alarmed by the am not saying this solves the entire RS 2477 ing those with artistic passion to those who lack of progress. debate, but it is an opportunity to have some As the West continues to grow and the pop- have long forgotten it. people come together on the least controver- It is not enough for a community anywhere ulation grows and the pressures develop, it is sial part of this whole issue and try to make in this great nation to teach the basics of art time for us to try to come together and try to some progress. through the schools. The arts must be actively make progress on these issues and resolve I also want to mention one other component practiced in the community to make life richer these issues as best we can. of my substitute amendment, and that is that and less confined by a lack of expression that There are not just two sides to this issue. It I specifically talk about the issue of roads that satisfies the soul. In turn the community is not that simple. There are multiple stake- cross private property, and I say that private should never turn its back and allow those in- holders involved in public land matters in Utah property rights need to be maintained and that stitutions that have so enriched their commu- and in the West. I have talked to so many of one cannot file claims on that type of land. nity to crumble to dust. Truly this is a commu- them. Quite frankly, I have talked to a lot of Finally, I mentioned earlier the amount of nity that will not let the arts languish in such them just during this week in preparation and litigation that has been associated with this, a way any longer. anticipation of the amendment from the gen- and this is not the end of that pattern. It is un- The Napa Valley Opera House will be a tleman from Colorado (Mr. UDALL) that would fortunate how much litigation we have seen venue dedicated to fostering an appreciation be introduced today. here, and we are going to see it again. We for the theatre arts where it is most important, I have talked to county commissioners are going to see it on this ruling that came out in our children. The development of a chil- throughout rural Utah, and there is not una- on January 6, I predict, and I think all of us dren’s series in the theatre that often incor- nimity among that group, quite frankly. There are a little tired of that. I think we are tired of porates hands on experience will give young- is a divergence of opinion. I have talked to all having that as a way to try to resolve things. sters confidence in their inherent creativity. kinds of stakeholders. The sportsmen commu- It is time for Congress to step up to the plate Fomenting the imagination through positive nity, the recreation community. and do its job. outlets such as this can only lead to a well- There are many different points of view, and In 1997, I was not here, but Congress said rounded pool of experience in personal ex- these points of view all have legitimate claims, we have got to do this. Congress did not pression. and it is unfortunate that we have been unable agree with what Secretary Babbitt did at that Mr. Speaker, the Napa Valley Opera House to bring those stakeholders together in a way time, and it is up to Congress to come to- will be once again an integral part of the cul- to resolve these issues. gether now. tural landscape of our First Congressional Dis- In some respects, life repeats itself, as was This substitute amendment is a stopgap. It trict and a true treasure for the people of Cali- mentioned by the gentleman from Colorado is a stopgap to move forward on one set of fornia. It is therefore appropriate that we ac- (Mr. UDALL) earlier. The Department of the In- the least controversial roads. It is not the solu- knowledge and honor the Napa Valley Opera

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.009 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1571 House, and the hundreds of voices who have Mr. Gresham served as president of the INTRODUCTION OF THE WORKERS contributed to the legacy and success of this San Bernardino County Bar Association in WITH DISABILITIES OPPOR- organization. 1969 and as a fellow of the American College TUNITY ACT f of Trial Lawyers for the past 25 years. He was named one of the ‘‘Best Lawyers in America’’ PERSONAL EXPLANATION HON. FORTNEY PETE STARK for the past decade, and was honored as one OF CALIFORNIA of the top lawyers in America in 2001. He was IN THE HOUSE OF REPRESENTATIVES HON. NEIL ABERCROMBIE selected as one of the top five business litiga- Wednesday, July 23, 2003 OF HAWAII tors in the Inland Empire in that year, as well. IN THE HOUSE OF REPRESENTATIVES Almost from the beginning, Allen Gresham Mr. STARK. Mr. Speaker, I rise today to in- was active in our community. He has been a Wednesday, July 23, 2003 troduce the ‘‘Workers with Disabilities Oppor- member of the Kiwanis Club of San tunity Act of 2003’’ with Representative MAT- Mr. ABERCROMBIE. Mr. Speaker, yester- Bernardino since 1960, and has been a direc- SUI (D–CA) and 34 other colleagues. This bill day, on rollcall vote No. 408, I am recorded as tor of Arrowhead United Way since 1964. He will remove a persistent employment barrier having voted, ‘‘No’’. I would like the RECORD to was a director of the San Bernardino County facing Social Security beneficiaries with dis- show that I, in fact, support the Otter amend- Symphony Association from 1967 to 1973 and abilities who want to attempt to return to ment and I intended to vote, ‘‘Yes’’. I hope rejoined the board in 1989—serving as its work—the fear of losing their health insurance. that it is retained in the final version of the president for the next 4 years. Right now, these workers lose their Medicare Commerce-Justice-State Appropriations Act. In 1971, Mr. Gresham stepped up his activi- health insurance coverage if they remain in f ties dramatically, beginning 32 years of serv- the workforce more than 8.5 years. This legis- ice in two groups that have helped ensure that HONORING KGMC–TV lation would make Medicare coverage perma- San Bernardino County grows economically nent for them. and in its educational opportunities. He was There is a glaring problem with the Amer- HON. GEORGE RADANOVICH elected to the Board of Trustees of the San ican workforce today. There are a dispropor- OF CALIFORNIA Bernardino Community College District—and tionately small number of workers with disabil- IN THE HOUSE OF REPRESENTATIVES has been reelected for 8 consecutive terms. ities in it. According to the Census Bureau’s Wednesday, July 23, 2003 As board chairman for 3 of those terms, Mr. 2002 report, only 24 percent of American Gresham has helped a sleepy community col- adults with disabilities are employed compared Mr. RADANOVICH. Mr. Speaker, I rise lege of a few thousand students grow into an today to honor KGMC–TV in Fresno, CA for to 77 percent of other Americans. The Na- academic powerhouse that today serves more tional Organization on Disability reports that their impressive support for our community. In than 30,000 on two campuses. 2002, KGMC–TV donated a total of 464 spots despite major advances in disability services In that same year, Mr. Gresham joined In- and technologies, less than 1 percent of So- of valuable airtime towards Ad Council public land Action, Inc., a service group formed by service announcements. cial Security Disability Insurance enrollees community leaders to maximize the economic leave the rolls each year to return to work. Throughout the Ad Council’s 60-year his- development of San Bernardino County, and When the non-working adults with disabilities tory, stations like KGMC–TV have helped to to ensure that the county retains the benefits were asked in the National Health Interview address the most pressing social issues of the of Norton Air Force Base. Over my 25 years Survey why they were discouraged from work- day. Each year, the Ad Council receives ap- in Congress, I have worked closely with Allen ing over one-fifth of them replied that it was proximately $1.3 billion in donated media for Gresham and the other members of Inland Ac- out of fear of losing their health insurance. over 40 campaigns to promote awareness tion to keep the Inland Empire high in the at- With this piece of legislation we can remove about topics ranging from high-school drop-out tention of the Federal Government. Although this barrier. prevention to AIDS awareness. Norton was closed in 1988, the group has People who receive Social Security disability Mr. Speaker, I am pleased to honor KGMC– continued to strive for economic progress, and insurance benefits risk losing the health insur- TV for their ongoing dedication to informing was a significant factor in winning community ance coverage they currently have if they re- the 19th district of current and socially impor- control of the former base in 1998. There is no turn to work. While you may think that their tant issues that improve the lives of our con- doubt in my mind that the efforts of Allen job’s health benefits may cover what they stituents and our Nation. Gresham and the other members of Inland Ac- need, many employers do not offer health in- f tion has helped ensure that San Bernardino surance and even if they do, the treatments County is on course to be an economic pow- A TRIBUTE TO ALLEN B. GRESH- erhouse for decades to come. workers with disabilities require may well not AM FOR FOUR DECADES OF PUB- I have always looked forward to the annual be covered by a standard employer-provided LIC SERVICE TO SAN Inland Action trips to Washington—not least plan. This puts many Social Security bene- BERNARDINO COUNTY, CALI- because a meeting with Allen Gresham was ficiaries in a dilemma. They must choose be- FORNIA always a joy. He provides a combination of tween staying at home and keeping their personal stability with an amazing ability to health insurance or going to work and losing HON. JERRY LEWIS laugh at himself and bring laughter to those it. There is no question about it; this Hobson’s OF CALIFORNIA around him. His engaging and informed par- choice is keeping disabled Americans out of IN THE HOUSE OF REPRESENTATIVES ticipation is one of the reasons Inland Action the workforce. Some of you may ask: ‘‘Well, what about Wednesday, July 23, 2003 has forged numerous ties to lawmakers and federal officials that have paid off handsomely existing law?’’ The answer is that existing law Mr. LEWIS of California. Mr. Speaker, I for the San Bernardino area. does not do nearly enough. Under current law, would like today to pay tribute to Allen B. Allen Gresham has received many well-de- Medicare coverage only extends for 8.5 years Gresham, a legendary attorney and highly re- served honors over his life of community serv- after a Social Security beneficiary returns to spected community leader for more than four ice. He was named Citizen of the Year by the work. While this may sound like an adequate decades in San Bernardino County, California. local board of realtors in 1975, Distinguished amount of time to become integrated into the Mr. Gresham is retiring from full-time practice Citizen by the Military Airlift Command in workforce, keep in mind that people with a after 41 years of building one of the top legal 1988, Citizen of Achievement by the League physical or mental disability often require on- firms in Inland Southern California, and nearly of Women Voters in 1991 and received the going care. Their health, often their lives, and as long helping make our community a better San Bernardino County Bar Association’s certainly their ability to sustain work, depend place. ‘‘John B. Surr Award’’ for outstanding service on that care. My friend Allen Gresham grew up in El to the legal profession in 1999. The Workers with Disabilities Opportunity Centro, California and received his law degree Mr. Speaker, as Allen Gresham retires from Act is critical for removing the fear of returning from Stanford University before joining a San active practice, he is also stepping down from to work for the millions of Americans with dis- Bernardino law firm in 1959. In just 3 years, his role in Inland Action to give him more per- abilities. We had bipartisan support for the he was named as a partner, and became the sonal time with his wonderful wife of 49 years, original House version of the Ticket to Work senior partner by 1978. Gresham, Savage, Clara Thompson Gresham. Please join me in and Work Incentives Improvement Act that ex- Nolan and Tilden now has 27 lawyers and is wishing them well in their retirement years, tended Medicare coverage to 8.5 years for one of the most respected and accomplished and thanking them for all of the many, many workers with disabilities. We hope to have bi- law firms in Southern California. years they have devoted to their community. partisan support for making this improvement

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.012 E23PT1 E1572 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 complete. Furthermore, this piece of legislation If passed by the House of Representatives We have the chance today to do something is supported by the Consortium for Citizens and adopted in conference in its current form, noble. We can both be a good friend to Japan with Disabilities, which is made up of a coali- this amendment would almost certainly invite a and meet our commitments to the men and tion of national disability organizations includ- veto by the White House. I firmly believe that women who have worn our Nation’s uniform ing the American Association on Mental Retar- the President would be using sound judgment and been held captive during foreign wars. We dation, National Alliance for the Mentally Ill, in vetoing the amendment because it would can do this by rejecting the path chosen by Paralyzed Veterans of America, The Arc of the violate our treaty obligations under the treaty my colleague from California and by, instead, United States, and United Cerebral Palsy. we signed with the Japanese at the end of choosing an approach such as that offered in Let’s work together to give Americans with dis- World War II. H.R. 850. abilities the opportunity to succeed in the Some of us in this chamber may take those workplace by providing permanent Medicare treaty obligations lightly or might suggest that f coverage. Let’s give Americans with disabil- we should ignore commitments made over 50 ities a real ticket to work instead of pulling the years ago. I say we must abide by those trea- A TRIBUTE TO DR. BRIAN BOWKER rug out from underneath them after eight and ty obligations because that treaty is what set a half years. the foundation for the 50 years of friendship HON. NICK SMITH If this bill becomes law millions of Ameri- and cooperation our Nation has had with OF MICHIGAN cans will no longer be afraid of going back to Japan. Great nations do not violate their treaty IN THE HOUSE OF REPRESENTATIVES obligations nor do they go back on their com- work. Enacting this small piece of legislation Wednesday, July 23, 2003 can have a tremendous impact on the lives of mitments to their friends. Great nations abide American with disabilities. We need to give by their commitments and stand with their Mr. SMITH of Michigan. Mr. Speaker, I rise Americans with disabilities a chance to be- friends in easy situations and in difficult situa- today to recognize Brian Bowker on the com- come permanent, active members of the work- tions. pletion of his doctorate in animal sciences force. Americans with disabilities deserve the I believe there is another compelling reason from Purdue University and his dedication to opportunity to succeed and we can give it to why this amendment should be rejected and science and agriculture. them by making their Medicare coverage per- why we should choose another course. The As a Federation of Animal Science Societies manent. I urge my colleagues to join us in amendment offered by my colleague from (FASS) Congressional Science Fellow, Dr. support of this important legislation. California only addresses those POWs who Bowker serves as Legislative Assistant in my f were taken captive during World War II. What office. I’ve had the benefit of Brian’s expert about the POWs from the Korean War, the advice on agricultural issues. I have seen the DEPARTMENTS OF COMMERCE, Vietnam War, the Iranian Hostage Crisis, the extent of his education but more importantly JUSTICE, AND STATE, THE JUDI- Persian Gulf War, or our most recent war with the extent of his character. Brian has reached CIARY, AND RELATED AGENCIES Iraq? These POWs have suffered extraor- an educational level that few people obtain, APPROPRIATIONS ACT, 2004 dinary hardships and, due to the inequity in yet he desires to learn more and to use that this amendment, would be left without any knowledge to benefit others. He understands SPEECH OF long-term compensation for their sacrifices. the concept, which few of us really embrace, HON. MICHAEL K. SIMPSON I think it’s important to point out that our Na- that as Albert Einstein said, ‘‘Intellectual tion is currently home to an estimated 42,781 growth should commence at birth and cease OF IDAHO surviving ex-POWS: more than 39,700 from only at death.’’ IN THE HOUSE OF REPRESENTATIVES World War II, 2,400 from the Korean War, 601 The recipient of numerous awards and hon- Tuesday, July 22, 2003 from the Vietnam War, one from Somalia and ors, Brian has received the Featherston Out- The House in Committee of the Whole three from Kosovo—and these numbers don’t standing PhD Award and the Outstanding House on the State of the Union had under include the POWS from our actions against Teaching Assistant Award. In addition, the consideration the bill (H.R. 2799) making ap- Iraq. Animal Science Department of Purdue Univer- propriations for the Departments of Com- That is why I have offered an alternative— sity named Brian the outstanding freshman, merce, Justice, and State, the Judiciary, and one that would accomplish everything this sophomore, junior, and senior. He has re- related agencies for the fiscal year ending amendment does not. My legislation, H.R. ceived the Oakley M. Ray Distinguished Lead- September 30, 2004, and for other purposes: 850, would create a new compensation sys- ership Award, the Millard Plumlee Scholarship, Mr. SIMPSON. Mr. Chairman, I rise today to tem for former POWs delivered through the and the Richard A. Pickett Scholarship, just to offer some perspective on the amendment of- Department of Veterans Affairs. Under the name a few. Also, Brian is a member of the fered by my colleague from California, Mr. new system, POWs detained 30 to 120 days American Meat Science Association and the ROHRABACHER. would receive $150 per month, those detained American Society of Animal Sciences. As all of us know and acknowledge, Mr. 121 to 540 days would receive $300 per Therefore, on behalf of the Congress of the ROHRABACHER’s amendment seems like a no- month, and those detained for 540 or more United States, I commend Dr. Brian Bowker brainer and something everyone would sup- days would receive $450 per month. Payment for receiving his PhD, and thank him for his port. To suggest that our Nation’s veterans would be made without regard to any other service to our Nation. who were held prisoner by the Japanese in compensation under the laws of the United World War II should be prevented from filing States. In addition, the bill contains a provision f a lawsuit for compensation seems outside the to provide outpatient dental care for all POWs. realm of what any politician would argue. But Current law requires a period of internment of PERSONAL EXPLANATION if my colleagues will allow, I am here to do not less than 90 days in order to qualify. Fur- just that. ther, I have already agreed to eliminate the 30 HON. RODNEY P. FRELINGHUYSEN While I do acknowledge the difficulty of ar- day requirement to be eligible for benefits OF NEW JERSEY guing my position, I believe it’s a sound posi- under the bill to ensure POWs who were held IN THE HOUSE OF REPRESENTATIVES tion and one any member of this body could for a shorter period of time, including those Wednesday, July 23, 2003 support if only they were made aware of the who have returned from Iraq, would in fact be history surrounding this matter and the facts eligible for monthly compensation. Mr. FRELINGHUYSEN. Mr. Chairman, on behind our international obligations. Mr. Chairman, my legislation offers this rollcall No. 406, the Hostettler amendment to America is indeed indebted to our former body an alternative to breaking our treaty obli- H.R. 2799, the Commerce-Justice-State ap- POWs—whether they are World War II POWs gations and failing to meet our commitments propriation bill for fiscal 2004, on Tuesday July or those, including Jessica Lynch, who were to 50-year-old friends and allies. World War II 22, during a series of several votes, I inadvert- held captive by Saddam Hussein. That debt ended nearly 60 years ago and throughout the ently voted ‘‘no’’ when I intended to vote our Nation owes these men and women is not last half of the twentieth century, Japan ‘‘yes.’’ just one of gratitude, but one of compensation proved time and again that it is one of our I strongly disagree with the decision handed for their time in enemy hands. most trusted allies and a nation upon whom down by the 9th Circuit on the Pledge of Alle- This amendment, however, is neither the we could count for lasting friendship. If any- giance and have voted to reflect that dis- best nor a wise approach to ensuring we meet thing, the last year has shown this Nation the approval twice previously: on June 27, 2002 our Nation’s obligations to our former POWs value of trusted friends and our need for close (H. Res. 459) and on March 6, 2003 (H. Res. and I would like to explain why. allies around the globe. 132).

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.017 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1573 TRIBUTE TO DR. NIKITA freer society—hopes well-nurtured by Nikita’s derson Cancer Center in Houston, TX. I am MORAVSKY, AMERICAN CITIZEN- work. proud to announce that in this week’s issue of PATRIOT The United States indeed has been fortu- U.S. News and World Report, a survey of nate in having Nikita Moravsky as an adopted ‘‘America’s Best Hospitals’’ named M.D. An- HON. CHRIS VAN HOLLEN son. I invite my colleagues to join me in say- derson Cancer Center the nation’s top cancer OF MARYLAND ing ‘‘thank you’’ to Nikita for his career of serv- center. Recently, M.D. Anderson broke ground IN THE HOUSE OF REPRESENTATIVES ice to the United States and ‘‘congratulations’’ for its new proton therapy machine. This will on the milestone of his 80th birthday. be the largest proton therapy machine in the Wednesday, July 23, 2003 f world. M.D. Anderson is a rapidly growing in- Mr. VAN HOLLEN. Mr. Speaker, today I rise stitution, increasing patient load and research CELEBRATING THE 50TH ANNIVER- to pay tribute to Dr. Nikita Valerianovich capabilities every year without sacrificing serv- SARY OF THE APSA CONGRES- Moravsky, American citizen and patriot, who ice. will soon be celebrating his 80th birthday. SIONAL FELLOWSHIP PROGRAM M.D. Anderson has been ranked as one of Those of us who have had the good fortune the top two cancer centers since 1990. Not to be born in the United States may some- HON. CHARLES B. RANGEL only was the honor of the nation’s best cancer times take our citizenship for granted and for- OF NEW YORK center bestowed on M.D. Anderson, but it also get how special it is. Dr. Moravsky’s life re- IN THE HOUSE OF REPRESENTATIVES ranked fourth for gynecology and under fif- minds us of just how precious our birthright is, Wednesday, July 23, 2003 teenth in urology and ear, nose, and throat. and his career of service to our country sets Mr. RANGEL. Mr. Speaker, I rise today to These distinctions show the dedication of the an example for us of appreciation for that gift. M.D. Anderson faculty, staff, volunteers, pa- In 1923, when Nikita Moravsky came into join my fellow colleagues in celebrating the 50th Anniversary of the American Political tients, and community supporters who are this world, he had no country. He was born in working towards one mission, to eliminate Shanghai, China, to Russian parents who had Science Association’s Congressional Fellow- ship, the first and oldest program of its kind on cancer. M.D. Anderson was the only Texas fled from the Bolshevik Revolution in their hospital to be given a number one ranking in homeland. Educated in Jesuit schools in Capitol Hill. Since 1953, APSA has allowed rising lead- any medical specialty. Shanghai, Nikita studied French and English, Providing top quality care to patients from while at home he learned to speak Russian ers within government agencies, as well as those in fields like medicine, journalism and across the state of Texas and one third from with the perfect pre-war St. Petersburg accent out of state, M.D. Anderson shows its commit- that he still maintains. As a young man he academia to get an inside view of what, when, why and how we do things here in the peo- ment to Texas and to the nation. M.D. Ander- lived through the brutal Japanese invasion and son represents Houston’s dedication to pa- occupation of Shanghai. Then, in 1949, as the ple’s House and the other chamber. I have had the pleasure of having several tients, clinical research, education programs, Chinese Communists prepared to enter the fellows since I arrived here in Congress, all of and prevention and eradication of cancer. I city, Nikita was evacuated, along with 5,000 whom have distinguished themselves in their know my colleagues will join me in congratu- other—primarily Russian—refugees to a dis- ability to jump right in and perform as any vet- lating M.D. Anderson’s 12,708 employees, placed persons camp on Tubabao Island in eran of my team. They do so by checking their 1,400 volunteers, its numerous local and na- the Philippines. There he remained for two egos at the door but not their skills and experi- tional donors, and its many patients for mak- years. ences, providing a different perspective on ing M.D. Anderson the nation’s number one Finally, in 1951, Nikita arrived in the United cancer center. States, where he was soon employed on the both potential legislation and daily procedures. Success in any arena depends on partici- f faculty of the prestigious Army Language pants getting to know the language, proce- School in Monterey, CA, teaching Russian to SERGEANT ROGER D. ROWE dures and customs of important institutions of American military personnel. Thus began power. To be effective communicators or cre- Nikita’s career of serving his adopted country. ators of sound public policy, individuals and HON. LINCOLN DAVIS In 1958, he moved to Washington, DC, where groups must know how the game is played, OF TENNESSEE he worked at the U.S. Information Agency even if the rules appear to sometimes be IN THE HOUSE OF REPRESENTATIVES (USIA) on the staff of its Russian-language rigged. APSA fellows leave their assignments magazine America Illustrated. He later entered Wednesday, July 23, 2003 with that type of knowledge and view of Con- the Foreign Service, touring Russia with USIA Mr. DAVIS of Tennessee. Mr. Speaker, it is gress that is built on practical experience and exhibits, and serving for two years as Cultural with a solemn heart that I honor the dedicated not solely on media or partisan spin. Attache at the American Embassy in Moscow. and honorable Tennessee National Guards- Washington does not operate in a vacu- Next followed ten years of leadership positions man and Bon Aqua Resident Sergeant Roger um—the things that we do echo past these with the USSR Division of the Voice of Amer- D. Rowe. Sergeant Rowe served the Army great halls into the homes, schools and office ica, where broadcasts to the Soviet Union kept National Guard for 17 years and was deployed buildings that dot this great land. While tech- alive the values of truth and openness that ul- to Iraq with the 1174th Transportation Com- nology has allowed Americans to connect with timately undermined the Communist regime pany. I pay tribute to this outstanding soldier, each other quicker, more often and over great- that his parents had fled so long before. husband, father, and grandfather who on July er distances, it has not increased the public’s After leaving government service, Nikita ob- 9th was tragically killed in action near the city understanding of what gets done in Wash- tained his Ph.D. in Russian Area Studies from of Mahmudiyah. ington and the impact that debates on and off Georgetown University. In his post-govern- Sergeant Rowe was one of 1,000 Army and the floor have on their lives. ment career, he has taught at George Wash- Air National Guardsmen selflessly protecting The APSA Congressional Fellowship pro- ington University and American University, our country. As a soldier, Rowe courageously gram is helping to bridge this gap in the public educating his students in Russian culture and endured 130 degree heat, relentless sniper at- consciousness by demystifying the political history and thus helping to prepare a new tacks, and separation from his loving family. process. Their alumni provide clear evidence generation of leaders for the post-Cold War This was not the first time Sergeant Rowe un- that everyone, no matter what their profession era. He also has published numerous articles flinchingly protected the people of the United or expertise, has a role to play in and an op- in both English and Russian and two books in States. He also served in a medic unit in Viet- portunity to impact, their government. Russian, one dealing with the Tubabao Island nam for two years. Working as a shipping refugees and the Russian diaspora in the Far f clerk with Shiloh Industries in Dickson, Ten- East and a new work entitled Through the HONORING M.D. ANDERSON nessee, his experience driving trucks made Eyes of a Russian-American. CANCER CENTER OF HOUSTON, TX Rowe an invaluable asset to his military con- It is thanks to the work of Nikita Moravsky, voy overseas. and countless others like him, who toiled for HON. CHRIS BELL Mr. Speaker, I am deeply honored to pay years behind the scenes during the Cold War, OF TEXAS tribute to the life and memory of Sergeant that the American ideals of democracy and lib- Roger D. Rowe. Never withholding their serv- IN THE HOUSE OF REPRESENTATIVES erty now have a chance in the former Soviet ices in the face of war, Tennessee’s citizens Union. It was not just American military ex- Wednesday, July 23, 2003 have always been celebrated for their wartime penditures that ended the Cold War, but the Mr. BELL. Mr. Speaker, I rise today in rec- valor. Sergeant Rowe more than upholds that hopes of the Russian people themselves for a ognition of The University of Texas M.D. An- reputation. He fought to keep his family and

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A23JY8.022 E23PT1 E1574 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 country safe and for that gift we are forever in- eral government professionals, political sci- celebrating their 200th anniversary. Located debted. My thoughts and prayers are with the entists, Robert Wood Fellow health policy fel- on the South Fork of Eastern Long Island, The family and friends of Sergeant Roger Rowe. lows, Native American Hatfield fellows, and Sag Harbor Fire Department is one of the old- f international scholars have participated in this est volunteer fire departments in the nation, program. The congressional fellowship pro- the second oldest in the state of New York, PERSONAL EXPLANATION gram is beneficial for both congressional of- and the oldest in Suffolk County. It was char- fices and the fellows. Congressional offices tered on March 26, 1803 and today, 200 years HON. ELTON GALLEGLY gain from the expertise of these professionals, later, it has 165 volunteer members who cover OF CALIFORNIA and the congressional fellows learn the legis- the county with support and protect 5,000 win- IN THE HOUSE OF REPRESENTATIVES lative process on a firsthand basis. ter residents and 15,000 summer residents in I can speak from experience about the Wednesday, July 23, 2003 an area of 27 square miles. value of this program. I currently have on my These dedicated volunteers operate out of Mr. GALLEGLY. Mr. Speaker, on Tuesday, staff an outstanding APSA fellow who has four different stations and comprise five com- July 22, I was at the White House in a meet- made great contributions to my office. Mar- panies: Gazelle Hose Company No. 1, ing with the President, along with the mem- garet Connelly came to my office from the Montauk Hose Company No. 2, Otter Hose bers of the National Academic Decathlon team USDA Forest Service. Since the beginning of Company No. 3, Murray Hose Company No. from Moorpark High School, and was unable this year, Margaret has assisted my Wash- 4, and the Phoenix Hook & Ladder Company to vote on the Kucinich motion that the Com- ington and District staff with the implementa- No. 1. The Department also has three special mittee Rise (rollcall 404). Had I been present, tion of my Hometown Values legislative agen- squads: Heavy Rescue, Fire Police and the I would have voted ‘‘no.’’ da, and she has also coordinated a number of Dive Water Team. f high-priority transportation and natural re- During the year-long 200th anniversary source projects. Margaret has brought to my commemoration, the Department has received HONORING ALAMO MAYOR TOMMY office her considerable talents and profes- proclamations from the Village of Sag Harbor, GREEN sional experience with the Forest Service, and the New York State Legislature, the New York I am very pleased that she has gained new Department of State and the Fire Association HON. JOHN S. TANNER skills and valuable experience in my office. of New York State. I would like to add my OF TENNESSEE For those of you not familiar with the fellow- heartfelt congratulations and best wishes to IN THE HOUSE OF REPRESENTATIVES ship program, fellows work for Democrats, Re- this outstanding fire department not only for its Wednesday, July 23, 2003 publicans, and Independents as members of longevity but also for the dedication of its personal staff or committee staff while on the members. Volunteer firefighters are selfless Mr. TANNER. Mr. Speaker, today I rise to Hill. In addition to their office assignments, men and women who risk their lives to protect honor an outstanding public servant, Tommy these congressional fellows attend educational and provide fire, emergency medical and res- Green, who has dedicated himself to the peo- seminars throughout the program. A field trip cue services to others in their community with- ple of Tennessee through his diligent services to Annapolis, Maryland is included to gain a out financial compensation. Sag Harbor’s vol- to the community of Alamo in Crockett County. better understanding concerning state govern- unteer firefighters proudly carry on the 200– Tommy’s hard work helped earn him the ment operations. For a comparative dimen- year-old tradition started by their forefathers— Mayor of the Year award this year from the sion, some fellows travel to Ottawa, Canada to answering the alarm, serving their neighbors Tennessee Municipal League. meet with high-ranking Canadian officials and and protecting the citizens of Suffolk County. Throughout his life, Tommy has found a gain insight into the Canadian Parliament. In The Department will officially celebrate this home in public service. He began his honor- exchange, Canadian Parliamentary interns milestone with a week-long series of events able career by volunteering for the Alamo Vol- travel to Washington for a week to gain a bet- beginning on August 19th that includes a gala unteer Fire Department, then served as Ala- ter perspective on the U.S. Government. parade, fireworks, raffles and the selling of mo’s first building inspector. Tommy continued After these various experiences, fellows re- many different souvenirs including a com- to show his dedication for our community by turn to their previous jobs or new jobs, bring- memorative coin created especially for the oc- serving as city alderman for 11 years. ing with them new insights and knowledge of casion. As a U.S. mail carrier, Tommy works one of the legislative process. I hope they will con- I invite my colleagues in the U.S. House of the largest and most time-consuming routes in tinue to utilize their experience on the Hill for Representatives to join me in honoring the Alamo. Despite these long hours, Tommy has the rest of their lives and share this knowledge Sag Harbor Fire Department on its 200th anni- served as Alamo’s mayor for the past 17 through discussions with friends and cowork- versary. These men and women represent the years. ers. best of the volunteer spirit that has built our Since 1986, Tommy has been instrumental Mr. Speaker, I appreciate the opportunity to great Nation. in helping Alamo receive seven federal grants congratulate the American Political Science f to improve the development of the community. Association for their outstanding contributions These grants allowed for construction of a through their fellowship program. I would en- PERSONAL EXPLANATION new water treatment plant, two new wells and courage my colleagues to participate in a 200,000–gallon water storage tank. APSA’s superb program which brings immeas- HON. BART STUPAK Mr. Speaker, I ask you to join me in hon- urable benefits for the House of Representa- OF MICHIGAN oring a distinguished public servant, an out- tives and for these dedicated professionals. IN THE HOUSE OF REPRESENTATIVES standing citizen and my friend, Mr. Tommy f Wednesday, July 23, 2003 Green. f SAG HARBOR VOLUNTEER FIRE Mr. STUPAK. Mr. Speaker, I ask that the DEPARTMENT CELEBRATES Record show that on Thursday, July 17, 2003, APSA 50TH ANNIVERSARY 200TH ANNIVERSARY during consideration of the FY04 Appropria- tions bill for the Department of the Interior, HON. JAMES L. OBERSTAR HON. TIMOTHY H. BISHOP H.R. 2691, I inadvertently voted ‘‘yes’’ on the OF MINNESOTA OF NEW YORK amendment of Mr. UDALL of New Mexico to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES prevent the use of funds to finalize Bush Ad- ministration regulations that would revise re- Wednesday, July 23, 2003 Wednesday, July 23, 2003 quirements for scientific evaluation and public Mr. OBERSTAR. Mr. Speaker, I am very Mr. BISHOP of New York. Mr. Speaker, I involvement during the development of forest pleased to congratulate the American Political rise today to pay tribute to the Sag Harbor management plans, when it was my intention Science Association on the 50th anniversary Fire Department. On March 26, 2003, the Sag to oppose the amendment. of its congressional fellowship program. Harbor Fire Department of Sag Harbor, New I am a strong supporter of multi-use forest The APSA Congressional Fellowship Pro- York, marked a momentous occasion that very plans and had voted for this amendment gram is a highly selective, non-partisan pro- few fire departments in our country have under the mistaken impression that this was gram that provides invaluable opportunities for achieved. Since 1803 the volunteer firefighters the amendment offered by Mr. UDALL of Colo- fellows to obtain legislative working experi- of Sag Harbor have been answering their rado. I am pleased that despite my erroneous ence. Since 1953, over 1800 journalists, fed- neighbors’ calls for help. This year they are vote, the amendment of Mr. UDALL of New

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K23JY8.001 E23PT1 July 23, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E1575 Mexico was defeated so that I did not need to Medgar Evers was murdered, the Sixteenth than our historic neighborhoods, parks, build- pursue any legislative remedies to overturn it. Street Baptist Church in Birmingham, Alabama ings, and other treasures. f was bombed by White Supremacists, killing Forty years later, the proud tradition of The four innocent children, and the legendary Rev. Challenger continues under the exceptional TRIBUTE TO THE CHALLENGER Dr. Martin Luther King, Jr. delivered his mo- leadership of Ms. Al-Nisa Banks. She has mentous ‘‘I have a Dream’’ speech at the served as Editor and Publisher for twenty-four HON. JACK QUINN March on Washington. years, and has guided The Challenger to its OF NEW YORK Founded by Mr. Calvin Kimbrough, the late current position as one of our nation’s finest IN THE HOUSE OF REPRESENTATIVES Mr. John Moore and the Honorable Arthur O. newspapers through her visionary leadership Eve, The Challenger went on to become ‘‘the and commitment to our community. Wednesday, July 23, 2003 voice’’ of Buffalo’s Black community. These Mr. QUINN. Mr. Speaker, I am honored to trailblazers fought to provide Buffalo’s African- As Members of Congress, we pause to rise today to pay tribute and officially recog- American community with the ability to deter- honor and recognize those brave individuals nize the Fortieth Anniversary of The Chal- mine for itself how they would be portrayed in and institutions who helped our nation find its lenger Newspaper in Buffalo, New York, which the media. The Challenger continues to serve way during some of our darkest moments. The I am proud to say is part of the Twenty-sev- our community by asking the tough questions, Challenger stands proudly amongst that group enth Congressional District of the State of challenging the establishment, providing world as a champion of justice and a light toward a New York. news as it relates to the Black Community, better way, and we are forever in its debt. On April 11, 1963, the first edition of The promoting African and African-American cul- Mr. Speaker, today I join with The Chal- Challenger was published, serving primarily ture and history, and ensuring that the positive lenger Staff, the City of Buffalo, and indeed, Buffalo’s African-American community. That contributions of African-Americans, too often our entire Western New York community in same year, the Civil Rights Movement ignored by others, are appropriately reported special recognition and celebration of The reached a critical, historic moment. During The and celebrated. Indeed, The Challenger has Challenger on this historic Anniversary. We all Challenger’s inaugural year, Freedom Fighter become a Buffalo institution, no less important wish them continued success and prosperity.

VerDate Jan 31 2003 06:17 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A23JY8.029 E23PT1 E1576 CONGRESSIONAL RECORD — Extensions of Remarks July 23, 2003 SENATE COMMITTEE MEETINGS Homeland Security; to be followed by a JULY 30 Title IV of Senate Resolution 4, hearing to examine the nomination of 9 a.m. agreed to by the Senate on February 4, Joel David Kaplan, of Massachusetts, Governmental Affairs to be Deputy Director of the Office of 1977, calls for establishment of a sys- Investigations Subcommittee Management and Budget. To hold hearings to examine practices tem for a computerized schedule of all SD–342 meetings and hearings of Senate com- for identifying and caring for new cases Judiciary of SARS. mittees, subcommittees, joint commit- Business meeting to consider the nomi- tees, and committees of conference. SD–342 nations of Henry W. Saad, of Michigan, 10 a.m. This title requires all such committees to be United States Circuit Judge for Health, Education, Labor, and Pensions to notify the Office of the Senate Daily the Sixth Circuit, Larry Alan Burns, to Business meeting to consider the nomi- Digest—designated by the Rules Com- be United States District Judge for the nations of Howard Radzely, of Mary- mittee—of the time, place, and purpose Southern District of California, Glen E. land, to be Solicitor for the Depart- of the meetings, when scheduled, and Conrad, to be United States District ment of Labor, and Michael Young, of any cancellations or changes in the Judge for the Western District of Vir- Pennsylvania, to be a Member of the meetings as they occur. ginia, Henry F. Floyd, to be United Federal Mine Safety and Health Re- As an additional procedure along States District Judge for the District view Commission. with the computerization of this infor- of South Carolina, Kim R. Gibson, to be Room to be announced mation, the Office of the Senate Daily United States District Judge for the Indian Affairs Digest will prepare this information for Western District of Pennsylvania, Mi- Business meeting to consider pending printing in the Extensions of Remarks chael W. Mosman, to be United States calendar business, to be followed by District Judge for the District of Or- section of the CONGRESSIONAL RECORD oversight hearing on potential settle- on Monday and Wednesday of each egon, and Dana Makoto Sabraw, to be ment mechanisms of the Cobell v. Nor- United States District Judge for the week. ton lawsuit. Meetings scheduled for Thursday, Southern District of California. SH–216 SD–226 July 24, 2003 may be found in the Daily Judiciary 10 a.m. Digest of today’s RECORD. To hold hearings to examine S.J. Res. 15, Banking, Housing, and Urban Affairs proposing an amendment to the Con- MEETINGS SCHEDULED To hold hearings to examine consumer stitution of the United States to make awareness and understanding of the JULY 25 eligible for the Office of President a credit granting process. person who has been a United States 10 a.m. SD–538 citizen for 20 years. Judiciary Health, Education, Labor, and Pensions SD–226 Crime, Corrections and Victims’ Rights To hold hearings to examine the nomina- Subcommittee 2 p.m. tion of Howard Radzely, of Maryland, To hold hearings to examine deterrence Indian Affairs to be Solicitor for the Department of of alien smuggling and human traf- To hold hearings to examine S. 578, to Labor. ficking. amend the Homeland Security Act of SD–226 SD–430 2002 to include Indian tribes among the Aging JULY 28 entities consulted with respect to ac- To hold hearings to examine a current tivities carried out by the Secretary of 2 p.m. law trust fund exhaustion scenario if Homeland Security. Aging no action is taken to strengthen Social SH–216 To hold hearings to examine mental Security, focusing on the GAO report 2:30 p.m. health treatments for older Americans analyzing the ‘‘do nothing’’ scenario Judiciary with depression. with the analytical framework pre- SD–628 To hold hearings to examine S. 1194, to viously used to evaluate the models de- foster local collaborations which will JULY 29 veloped by the President’s Commission ensure that resources are effectively 9 a.m. to Strengthen Social Security. and efficiently used within the crimi- Environment and Public Works SD–628 nal and juvenile justice systems. To hold hearings to examine climate his- 2:30 p.m. SD–226 tory and its implications, and the Judiciary Commerce, Science, and Transportation science underlying fate, transport and Immigration, Border Security and Citizen- Science, Technology, and Space Sub- health effects of mercury emissions. ship Subcommittee committee SD–406 To hold hearings to examine the LI visa To hold hearings to examine space explo- 9:30 a.m. and American interests in the 21st cen- ration. Armed Services tury global economy. SR–253 To hold hearings to examine the nomina- SD–226 tions of General Peter J. Schoomaker JULY 31 Energy and Natural Resources (Ret.), USA, for appointment as Chief 9:30 a.m. National Parks Subcommittee of Staff, United States Army and ap- Commerce, Science, and Transportation pointment to the grade of general; and To hold hearings to examine S. 808, to Business meeting to consider pending Lieutenant General Bryan D. Brown, provide for expansion of Sleeping Bear calendar business. USA, for appointment as Commander, Dunes National Lakeshore, S. 1107, to SR–253 United States Special Operations Com- enhance the Recreational Fee Dem- 10 a.m. mand and appointment to the grade of onstration Program for the National Governmental Affairs general. Park Service, and H.R. 620, to author- To hold hearings to examine origination, SR–222 ize the Secretary of the Interior to pro- organization and prevention in relation Energy and Natural Resources Energy Sub- vide supplemental funding and other to terrorism financing. committee services that are necessary to assist SD–342 To hold hearings to examine the role of the State of California or local edu- 12:30 p.m. the Department of Energy’s Office of cational agencies in California in pro- Health, Education, Labor, and Pensions Science in supporting research in phys- viding educational services for stu- To hold hearings to examine certain ical sciences. dents attending schools located within SD–366 issues relative to AIDS. the Park. SD–430 Foreign Relations SD–366 To resume hearings to examine the sta- 2 p.m. Veterans’ Affairs tus and prospects for reconstruction re- Appropriations Business meeting to consider pending sources relating to Iraq. Labor, Health and Human Services, and legislation and nominations, to be fol- SH–216 Education Subcommittee Governmental Affairs lowed by a hearing on U.S. Army poli- To hold hearings to examine proposed To hold hearings to examine the nomina- cies on the award of the Combat Med- Mine Safety and Health Administra- tions of Joe D. Whitley, of Georgia, to ical Badge. tion (MSHA) rule on coal dust; to be be General Counsel, and Penrose C. SR–418 followed by a hearing on union finan- Albright, of Virginia, to be an Assist- cial reporting and disclosure. ant Secretary, all of the Department of SD–192

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HIGHLIGHTS House passed H.R. 2799, Commerce, Justice, State Appropriations. House passed H.R. 2800, Foreign Operations, Export Financing, and Re- lated Programs Appropriations. House Committees ordered reported eight sundry measures. Senate By 79 yeas to 19 nays (Vote No. 292), Boxer Chamber Action Amendment No. 1331, to require a classified report Routine Proceedings, pages S9741–S9825 to Congress on the security costs incurred by State Measures Introduced: Five bills and one resolution and local government law enforcement personnel in were introduced, as follows: S. 1445–1449, and S. each state in complying with requests and require- Res. 199. Pages S9793–94 ments of the United States Secret Service to provide protective services and transportation for foreign and Measures Passed: domestic officials. Pages S9751–53, S9755–56 Pediatric Research Equity Act: Senate passed S. Dayton Amendment No. 1336, to prohibit the 650, to amend the Federal Food, Drug, and Cos- use of funds for procurements in contravention of the metic Act to authorize the Food and Drug Adminis- Buy American Act. Pages S9757–58 tration to require certain research into drugs used in Lautenberg Amendment No. 1344, to provide for pediatric patients, after agreeing to the committee a report to Congress on the Homeland Security Ad- amendment and the following amendment proposed visory System. Pages S9767–69 thereto: Pages S9811–19 Byrd (for Bingaman) Amendment No. 1353, to DeWine (for Gregg) Amendment No. 1360, rel- provide for a study by the General Accounting Of- ative to the applicability to new drugs and biological fice on the implementation of the Student Exchange products. Pages S9815–16 Visitor Information System (SEVIS). Pages S9783–85 Native American Alcohol and Substance Abuse Byrd (for Dodd) Amendment No. 1354, to ensure Program Consolidation Act: Senate passed S. 285, that there is a robust program of research and devel- to authorize the integration and consolidation of al- opment for the Coast Guard. Pages S9783–85 cohol and substance abuse programs and services Byrd Amendment No. 1355, to provide that the provided by Indian tribal governments, after agree- Secretary of Homeland Security has published in the ing to the committee amendment in the nature of Federal Register the Department’s privacy notice for a substitute. Pages S9819–23 CAPPS II or no later than 60 days after enactment of this Act, whichever is later. Pages S9783–85 Homeland Security Appropriations: Senate con- Byrd (for Murray) Amendment No. 1356, to pro- tinued consideration of H.R. 2555, making appro- vide funding for oil spill prevention efforts under the priations for the Department of Homeland Security Ports and Waterways Safety Systems (PAWSS) pro- for the fiscal year ending September 30, 2004, tak- gram. Pages S9783–85 ing action on the following amendments proposed Byrd (for Reid/Ensign) Amendment No. 1357, to thereto: Pages S9748–88 express the sense of the Senate that the Secretary of Adopted: Homeland Security should take into account tourist Boxer/Schumer Amendment No. 1328, to require population as a factor when determining resource reports on protecting commercial aircraft from the needs and potential vulnerabilities for the purpose of threat of shoulder-fired missile systems. allocating funds for discretionary and formula grants. Pages S9749–51 Pages S9783–85 D871

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 D872 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2003 Byrd (for Conrad/Dorgan) Amendment No. 1358, By 48 yeas to 49 nays (Vote No. 296), three-fifths to require the Under Secretary for Emergency Pre- of those Senators duly chosen and sworn, not having paredness and Response to review any outstanding voted in the affirmative, Senate rejected the motion claims by the University of North Dakota relating to waive the Congressional Budget Act of 1974, to damages and costs associated with the April 1997 with respect to Mikulski Amendment No. 1346, to flooding in North Dakota and report to Congress on increase the amount of the appropriation for fire- the efforts to resolve such claims. Pages S9783–85 fighter assistance grants by $150,000,000. Subse- Byrd (for Edwards) Amendment No. 1359, to re- quently, the point of order that the amendment was quire a report on the vulnerability of the 250 largest in violation of section 302(f) of the Congressional sports and entertainment facilities (based on seating Budget Act of 1974, since the amendment would capacity). Pages S9783–85 provide spending in excess of the 302(b) allocation, Rejected: was sustained, and the amendment thus falls. Hollings Amendment No. 1341, to provide funds Pages S9769–73, S9774–75 to increase maritime security. (By 50 yeas to 48 nays By 43 yeas to 52 nays (Vote No. 297), three-fifths (Vote No. 294), Senate tabled the amendment.) of those Senators duly chosen and sworn, not having Pages S9758–63 voted in the affirmative, Senate rejected the motion Withdrawn: to waive the Congressional Budget Act of 1974, Clinton Amendment No. 1348, to express the with respect to Corzine Amendment No. 1350, to sense of the Senate that homeland security grants to appropriate $80,000,000 for the Office of the Under States and local governments awarded pursuant to Secretary for Information Analysis and Infrastructure section 1014 of the USA PATRIOT ACT of 2001 Protection to conduct chemical facility security as- (42 U.S.C. 3711) should be allocated to States sessments. Subsequently, the point of order that the through a threat-based formula, with minimum allo- amendment was in violation of section 302(f) of the Congressional Budget Act of 1974, since the amend- cations for small States. Pages S9774, S9775–78 ment would provide spending in excess of the 302(b) Pending: allocation, was sustained, and the amendment thus Reid Amendment No. 1318, to appropriate falls. Pages S9778–80, S9782–83 $20,000,000 to the Office for Domestic Preparedness By 45 yeas to 51 nays (Vote No. 298), three-fifths to be used for grants to urban areas with large tour- of those Senators duly chosen and sworn, not having ist populations. Page S9748 voted in the affirmative, Senate rejected the motion During consideration of this measure today, Senate to waive the Congressional Budget Act of 1974, also took the following action: with respect to Schumer/Baucus Amendment No. By 45 yeas to 53 nays (Vote No. 293), three-fifths 1351, to make available an additional $200,000,000 of those Senators duly chosen and sworn, not having to increase the number of border personnel at the voted in the affirmative, Senate rejected the motion northern border of the United States by the end of to waive the Congressional Budget Act of 1974, fiscal year 2004. Subsequently, the point of order with respect to Murray Amendment No. 1327, to that the amendment was in violation of section increase funding for emergency management per- 302(f) of the Congressional Budget Act of 1974, formance grants. Subsequently, the point of order since the amendment would provide spending in ex- that the amendment was in violation of section cess of the 302(b) allocation, was sustained, and the 302(f) of the Congressional Budget Act of 1974, amendment thus falls. Pages S9780–82, S9783 since the amendment would provide spending in ex- A unanimous-consent agreement was reached pro- cess of the 302(b) allocation, was sustained, and the viding for further consideration of the bill at 10 amendment thus falls. Pages S9753–55, S9756 a.m., on Thursday, July 24, 2003. Page S9824 By 45 yeas to 51 nays (Vote No. 295), three-fifths Appointments: of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion Mickey Leland National Urban Air Toxics Re- to waive the Congressional Budget Act of 1974, search Center: The Chair, on behalf of the Majority with respect to Schumer Amendment No. 1343, to Leader, pursuant to Public Law 101–549, appointed increase the funds for research and development re- Dr. Bernard Goldstein, of Pennsylvania, to the Board lated to transportation security. Subsequently, the of Directors of the Mickey Leland National Urban point of order that the amendment was in violation Air Toxics Research Center, vice M.M. Key. of section 302(f) of the Congressional Budget Act of Page S9823 1974, since the amendment would provide spending United States Senate Caucus on International in excess of the 302(b) allocation, was sustained, and Narcotics Control: The Chair, on behalf of the Ma- the amendment thus falls. Pages S9763–67, S9774 jority Leader, pursuant to the provisions of Public

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 July 23, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D873 Law 99–93, as amended by Public Law 99–151, ap- PUBLIC INTEREST AND LOCALISM: MEDIA pointed Senator Norman Coleman of Minnesota as a OWNERSHIP member of the United States Senate Caucus on Committee on Commerce, Science, and Transportation: International Narcotics Control. Page S9823 Committee concluded hearings on public interest Nominations Confirmed: Senate confirmed the fol- and localism issues with respect to media ownership, lowing nominations: including public interest obligations of local broad- Nicole R. Nason, of Virginia, to be an Assistant casters and the role of broadcasters in the delivery of Secretary of Transportation. local news and public affairs programming, after re- Pamela Harbour, of New York, to be a Federal ceiving testimony from Michael J. Copps, Commis- Trade Commissioner for the term of seven years from sioner, Federal Communications Commission; Robert September 26, 2002. Pages S9823, S9825 Corn-Revere, Davis Wright Tremaine, LLP, Wash- ington, D.C.; Barry M. Faber, Sinclair Broadcast Messages From the House: Page S9791 Group, Inc., Hunt Valley, Maryland; David J. Davis, Enrolled Bills Presented: Page S9791 WPVI–Channel 6, Philadelphia, Pennsylvania; Dean Martin Kaplan, University of Southern California Executive Communications: Pages S9791–93 Annenberg School for Communication, Los Angeles; Executive Reports of Committees: Page S9793 and L. Brent Bozell III, Parents Television Council Additional Cosponsors: Pages S9794–95 and the Conservative Communications Center, Alex- andria, Virginia. Statements on Introduced Bills/Resolutions: Pages S9795–S9801 BUSINESS MEETING Additional Statements: Pages S9790–91 Committee on Energy and Natural Resources: Committee Amendments Submitted: Pages S9801–10 ordered favorably reported the following bills: Authority for Committees to Meet: Pages S9810–11 S. 391, to enhance ecosystem protection and the range of outdoor opportunities protected by statute Privilege of the Floor: Page S9811 in the Skykomish River valley of the State of Wash- Record Votes: Seven record votes were taken today. ington by designating certain lower-elevation Federal (Total—298) Pages S9755–56, S9763, S9774–75, S9783 lands as wilderness, with an amendment; Recess: Senate met at 9 a.m., and recessed at 8:48 S. 434, to authorize the Secretary of Agriculture p.m., until 9:30 a.m., on Thursday, July 24, 2003. to sell or exchange all or part of certain parcels of (For Senate’s program, see the remarks of the Acting National Forest System land in the State of Idaho Majority Leader in today’s Record on page S9824.) and use the proceeds derived from the sale or ex- change for National Forest System purposes, with an amendment in the nature of a substitute; Committee Meetings S. 435, to provide for the conveyance by the Sec- retary of Agriculture of the Sandpoint Federal Build- (Committees not listed did not meet) ing and adjacent land in Sandpoint, Idaho, with an amendment; PUBLIC TRANSPORTATION S. 452, to require that the Secretary of the Inte- rior conduct a study to identify sites and resources, Committee on Banking, Housing, and Urban Affairs: to recommend alternatives for commemorating and Subcommittee on Housing and Transportation con- interpreting the Cold War, with an amendment; cluded hearings to examine enhancing the role of the S. 714, to provide for the conveyance of a small private sector in public transportation, focusing on parcel of Bureau of Land Management land in Doug- competitive contracting, the Denver Experience, las County, Oregon, to the county to improve man- intercity motorcoach security funding, intermodal fa- agement of and recreational access to the Oregon cilities funding, rural transportation, and public Dunes National Recreation Area, with an amend- funds versus private operators, after receiving testi- ment; mony from Irwin Rosenberg, Laidlaw Transit Serv- S. 1003, to clarify the intent of Congress with re- ices, Inc., Burlington, Ontario, on behalf of the spect to the continued use of established commercial American Transit Services Council; Robert Molofsky, outfitter hunting camps on the Salmon River, with Amalgamated Transit Union, and Peter J. Pantuso, an amendment; American Bus Association, both of Washington, H.R. 622, to provide for the exchange of certain D.C.; and Margie Wilcox, Taxicab, Limousine, and lands in the Coconino and Tonto National Forests in Paratransit Association, Kensington, Maryland. Arizona, with an amendment;

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H.R. 1012, to establish the Carter G. Woodson money and flexibility, Ba’athist media, and U.S. Home National Historic Site in the District of Co- media operations, receiving testimony from John lumbia, with an amendment in the nature of a sub- Hamre, Center for Strategic and International Stud- stitute. ies, Washington, D.C.; and Anthony Borden, Insti- BUSINESS MEETING tute for War and Peace Reporting, London, United Kingdom. Committee on Foreign Relations: Committee ordered fa- Hearings continue on Tuesday, July 29, 2003. vorably reported the following business items: The Convention for the Unification of Certain BUSINESS MEETING Rules for International Carriage by Air, done at Committee on Health, Education, Labor, and Pensions: Montreal May 28, 1999 (Treaty Doc. 106–45), with Committee ordered favorably reported the following 1 reservation; business items: Protocol to Amend the Convention for the Unifi- S. 720, to amend title IX of the Public Health cation of Certain Rules Relating to International Service Act to provide for the improvement of pa- Carriage by Air Signed at Warsaw on October 12, tient safety and to reduce the incidence of events 1929, done at The Hague September 28, 1955 (The that adversely affect patient safety, with an amend- Hague Protocol) ( Treaty Doc. 107–14); ment in the nature of a substitute; and Agreement Between the Government of the The nominations of Charles Edward Horner, of United States of America and the Government of the the District of Columbia, and Stephen D. Krasner, Russian Federation on the Conservation and Manage- of California, each to be a Member of the Board of ment of the Alaska-Chukotka Polar Bear Population Directors of the United States Institute of Peace, and done at Washington on October 16, 2000 (Treaty Eric S. Dreiband, of Virginia, to be General Counsel Doc. 107–10), with 1 condition; Agreement Amending the Treaty Between the of the Equal Employment Opportunity Commission. Government of the United States of America and the INDIAN HEALTH CARE Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges done at Wash- Committee on Indian Affairs: Committee concluded ington May 26, 1981 (the ‘‘Treaty’’), effected by an hearings on S. 556, to amend the Indian Health exchange of diplomatic notes at Washington on July Care Improvement Act to revise and extend that 17, 2002, and August 13, 2002 (the ‘‘Agreement’’) Act, after receiving testimony from Melanie Ben- (Treaty Doc 108–1); jamin, Mille Lacs Band of Ojibwe, Onamia, Min- Amendments to the 1987 Treaty on Fisheries Be- nesota; Buford L. Rolin, Poarch Creek Band of Indi- tween the Governments of Certain Pacific Island ans, Atmore, Alabama, on behalf of the Indian States and the Government of the United States of Health Board; Myra M. Munson, Sonosky, Cham- America, with Annexes and agreed statements, done bers, Sachse, Miller and Munson, Juneau, Alaska; at Port Moresby, April 2, 1987, done at Koror, and Mim Dixon, Dixon and Associates, Boulder, Palau, March 30, 1999, and at Kiritimati, Kiribati, Colorado. March 24, 2002 (Treaty Doc. 108–2), with 1 dec- LAW ENFORCEMENT AND TERRORISM laration; H. Con. Res. 209, commending the signing of the Committee on the Judiciary: Committee concluded United States-Adriatic Charter, a charter of partner- hearings on law enforcement and terrorism issues, fo- ship among the United States, Albania, Croatia, and cusing on ongoing federal efforts to improve the col- Macedonia, with amendments; and lection and use of intelligence to protect the Amer- S. Res. 184, calling on the Government of the ican people from terrorist attacks, and the Depart- People’s Republic of China immediately and uncon- ment of Justice Inspector General Report, ‘‘The Sep- ditionally to release Dr. Yang Jianli, with amend- tember 11 Detainees: A Review of the Treatment of ments; and Aliens Held on Immigration Charges in Connection A Foreign Service Officer promotion list received with the Investigation of the September 11 Attacks’’ in the Senate on June 25, 2003. after receiving testimony from Robert S. Mueller III, Director, Federal Bureau of Investigation, Depart- IRAQ RECONSTRUCTION ment of Justice; and Asa Hutchinson, Under Sec- Committee on Foreign Relations: Committee held hear- retary of Homeland Security for Border and Trans- ings to examine status and prospects for reconstruc- portation Security. tion relating to Iraq, focusing on establishing public safety, Iraqi ownership, employment, providing basic NOMINATION services, decentralization, changing the Iraqi national Committee on the Judiciary: Committee ordered favor- mindset, mobilizing a new reconstruction coalition, ably reported the nomination of William H. Pryor,

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 July 23, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D875 Jr., of Alabama, to be United States Circuit Judge SMITHFIELD/FARMLAND DEAL for the Eleventh Circuit. Committee on the Judiciary: Subcommittee on Anti- trust, Competition Policy, and Consumer Rights NOMINATIONS concluded hearings to examine agricultural consoli- Committee on the Judiciary: Committee concluded dation and the Smithfield/Farmland Deal, after re- hearings to examine the nominations of Rene Acosta, ceiving testimony from Senator Johnson; Joseph of Virginia, to be an Assistant Attorney General, Sebring, John Morrell, Inc., Cincinnati, Ohio; Wil- who was introduced by Senator Allen and Represent- liam Hughes, Wisconsin Department of Agriculture, ative Ros-Lehtinen, and Daniel J. Bryant, of Vir- Trade and Consumer Protection, Madison; Russ ginia, to be an Assistant Attorney General, who was Kremer, Missouri Farmers’ Union, Jefferson City; introduced by Senators Allen and Biden, both of the Michael Stumo, Organization for Competitive Mar- Department of Justice, after the nominees testified kets, Winstead, Connecticut; Luther Tweeten, Co- and answered questions in their own behalf. lumbus, Ohio; and Patrick Bell, Kenansville, North Carolina. h House of Representatives the United States-Chile Free Trade Agreement, and Chamber Action for consideration of H.R. 2739, to implement the Measures Introduced: Measures introduced will ap- United States-Singapore Free Trade Agreement by a pear in the next issue of the Record. recorded vote of 281 ayes to 144 noes, Roll No. Additional Cosponsors: (See next issue.) 415, and agreed to table the motion to reconsider the vote by a recorded vote of 228 ayes to 197 noes, Reports Filed: Reports were filed as follows: Roll No. 416. Earlier, agreed to order the previous H. Res. 334, providing for consideration of H.R. question by a recorded vote of 226 ayes to 200 noes, 2765, making appropriations for the government of Roll No. 413, and agreed to table the motion to re- the District of Columbia and other activities charge- consider the vote by a recorded vote of 223 ayes to able in whole or in part against the revenues of said 201 noes, Roll No. 414. Pages H7339–47, H7348–51 District for the fiscal year ending September 30, 2004 (H. Rept. 108–230); Motions to Adjourn: Rejected the Hastings of Flor- H. Res. 335, providing for consideration of H.R. ida motion to adjourn by a yea-and-nay vote of 28 2427, to authorize the Secretary of Health and yeas to 389 nays, Roll No. 412, and later rejected Human Services to promulgate regulations for the a second motion to adjourn by a recorded vote of 29 reimportation of prescription drugs (H. Rept. ayes to 394 noes and 1 voting ‘‘present’’, Roll No. 108–231); and 417. Pages H7347–48, H7351 H. Res. 336, providing for consideration of H.R. Question of Personal Privilege: Representative 2210, to reauthorize the Head Start Act to improve Thomas rose to a point of personal privilege and was the school readiness of disadvantaged children (H. recognized. Pages H7351–52 Rept. 108–232). (See next issue.) Commerce, Justice, and State, Judiciary, and Re- Chaplain: The prayer was offered by the guest lated Agencies Appropriations: The House passed Chaplain, Dr. Ben Haden of Changed Lives in Chat- H.R. 2799, making appropriations for the Depart- tanooga, Tennessee. Page H7333 ments of Commerce, Justice, and State, the Judici- ary, and related agencies for the fiscal year ending Question of Privileges of the House: The House September 30, 2004 by a yea-and-nay vote of 400 agreed to table H. Res. 330, concerning a matter of yeas to 21 nays, Roll No. 422. The bill was also the privileges of the House, by a yea-and-nay vote considered on July 22. Pages H7337–39, H7352–69 of 223 yeas to 193 nays, Roll No. 410. Agreed To: Pages H7336–37 Ose amendment that prohibits any funding to Rule Providing for Consideration of the Chile issue visas to anyone who violates the child abduc- and Singapore Free Trade Agreements: The tion provisions of the Immigration and Nationality House agreed to H. Res. 329, the rule that is pro- Act (agreed to by a recorded vote of 424 ayes with viding for consideration of H.R. 2738, to implement none voting ‘‘no’’, Roll No. 418); and Pages H7352–53

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 D876 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2003 Hostettler amendment that prohibits funds to en- North Korea does not engage in efforts relating to force the judgment of the United States Court of the proliferation of nuclear weapons; (See next issue.) Appeals for the Eleventh Circuit in Glassworth v. Kolbe amendment that clarifies procedures of the Moore dealing with the display of the Ten Com- United States Agency for International Development mandments (agreed to by a recorded vote of 260 with respect to competitive contracting procedures ayes to 161 noes, Roll No. 419); Pages H7353–54 to support programs in Iraq; (See next issue.) Rejected: Sanders amendment that prohibits any funding to Hinchey amendment No. 1 printed in the Con- support an order requiring the production of library gressional Record of July 21 that sought to prohibit circulation records, library patron lists, library inter- any funds to be used to prevent Alaska, Arizona, net records, bookseller sales records, or bookseller California, Colorado, Hawaii, Maine, Maryland, Ne- customer lists; (See next issue.) vada, Oregon, or Washington from implementing Rejected: State laws authorizing the use of medical marijuana Kilpatrick amendment that sought to increase in those States (rejected by a recorded vote of 152 funding for global HIV/AIDS programs by $300 ayes to 273 noes, Roll No. 420); and Pages H7354–55 million with offsets from the Millennium Challenge Rush amendment that seeks to prohibit funds to Account (rejected by recorded vote of 192 ayes to be used for the sentencing phase of any Federal pros- 228 noes, Roll No. 425); (See next issue.) ecution in which the death penalty is sought by the McGovern amendment No. 5 printed in the Con- United States (rejected by a recorded vote of 85 ayes gressional Record of July 21 that sought to increase to 339 noes, Roll No. 421); Page H7355 funding for Child Survival and Health Programs Point of Order sustained against: fund by $75 million with offsets from the Andean Levin amendment that seeks to prohibit any fund- Counterdrug Initiative and Plan Colombia (rejected ing to negotiate a Free Trade Area of the Americas by recorded vote of 195 ayes to 226 noes, Roll No. (FTAA) or a Central American Free Trade Agree- 426); (See next issue.) ment (CAFTA) unless various conditions are met Hefley amendment No. 1 printed in the Congres- (agreed to sustain the ruling of the Chair by a re- sional Record of July 21 that sought to reduce over- corded vote of 231 ayes to 198 noes, Roll No. 411). all funding by 1 percent (rejected by recorded vote Pages H7337–39 of 110 ayes to 309 noes, Roll No. 427); H. Res. 326, the rule that provided for consider- (See next issue.) ation of the bill was agreed to by voice vote on July Weiner amendment that sought to prohibit any 22. assistance to Saudi Arabia (rejected by recorded vote of 191 ayes to 231 noes, Roll No. 428); Recess: The House recessed at 7:21 p.m. and recon- (See next issue.) vened at 8:08 p.m. (See next issue.) Point of Order sustained against: Foreign Operations, Export Financing, and Re- Jackson of Illinois amendment that sought to in- lated Programs Appropriations: The House passed crease emergency funds for the International Devel- H.R. 2800, making appropriations for foreign oper- opment Agency; (See next issue.) ations, export financing, and related programs for Kaptur amendment that sought to make available the fiscal year ending September 30, 2004 by yea- at least $94 million in assistance to Ukraine; and-nay vote of 370 yeas to 50 nays, Roll No. 429. (See next issue.) Pages H7369–76 (continued next issue) Weiner amendment that sought to prohibit fund- Agreed To: ing to finance directly any assistance or reparations Kolbe amendment that clarifies the authorities of to Saudi Arabia; (See next issue.) the Coordinator of United States government Activi- Sec. 568(a)(3) dealing with agricultural commod- ties to Combat HIV/AIDS Globally; (See next issue.) ities guaranteed by the Commodity Credit Corpora- Hefley amendment that strikes $600,000 for tion; (See next issue.) International Military Education and Training fund- Sec. 572 dealing with Competition in Con- ing; (See next issue.) tracting; (See next issue.) Biggert amendment that provides for the United Sec. 575 dealing with the role of the United States participation in the Thirteenth Replenishment States Agency for International Development; of the Resources of the International Development (See next issue.) Association; Nadler amendment No. 15 printed in the Con- Hastings of Florida amendment that expresses the gressional Record of July 22 that sought to withhold Sense of Congress that the President should use all one-third of the funding made available to the diplomatic options to ensure that the Government of United Nations Relief and Works Agency until the

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 July 23, 2003 CONGRESSIONAL RECORD — DAILY DIGEST D877 President certifies that a program has been estab- ceedings of the House today and appear on pages lished for the resettlement of refugees and that the H7336–37, H7338–39, H7347–48, H7348–49, agency replaces its textbooks and educational mate- H7349, H7350, H7350–51, H7351, H7353, rials that promote anti-Semitism; (See next issue.) H7353–54, H7354–55, H7355, H7369, H7375 Jackson-Lee amendment No. 10 printed in the (continued next issue). There were no quorum calls. Congressional Record of July 22 that sought to pro- Adjournment: The House met at 10 a.m. and ad- hibit funding to prohibit the participation of women journed at 2:50 a.m. on Thursday, July 24. in international peace efforts; (See next issue.) Jackson-Lee amendment No. 8 printed in the Congressional Record of July 22 that sought to pro- Committee Meetings hibit funding to prohibit the establishment of an WILDFIRE SEASON AND THREATS independent commission on weapons of mass de- Committee on Agriculture: Held a hearing to review the struction in Iraq; (See next issue.) 2002 Wildfire Season and the Wildfire Threats of Withdrawn: the 2003 Season. Testimony was heard from Mark E. Schiff amendment No. 11 printed in the Congres- Rey, Under Secretary, Natural Resources and Envi- sional Record was offered, but subsequently with- ronment, USDA; and public witnesses. drawn, that sought to increase funding for the Non- proliferation and Disarmament fund by $15 million; AIR FORCE TANKER LEASE PROPOSAL (See next issue.) Committee on Armed Services: Held a hearing on the Ryun of Kansas amendment No. 12 printed in the Air Force Tanker Lease Proposal. Testimony was Congressional Record of July 22 was offered, but heard from the following officials of the Department subsequently withdrawn, that sought to prohibit of Defense: Michael Wynne, Acting Under Secretary, funding to countries that materially hindered the Acquisition, Technology and Logistics; Marvin R. United States led coalition’s efforts to liberate the Sambur, Assistant Secretary, Air Force (Acquisition); Iraqi people; and (See next issue.) and Maj. Gen. Paul W. Essex, USAF, Director, Otter amendment was offered, but subsequently Plans and Programs, Headquarters, Air Mobility withdrawn, that sought limit assistance to the Pales- Command; Neal Curtin, Director, Defense Capabili- tinian Authority during a quarter of fiscal year 2004 ties and Management, GAO; and a public witness. if the Secretary of State determines that the Pales- tinian authority has provided support for acts of MISCELLANEOUS MEASURES international terrorism. (See next issue.) Committee on Energy and Commerce: Subcommittee on Motions to Rise: Environment and Hazardous Materials held a hearing Rejected the DeLauro motion that the Committee on the following bills: H.R. 382, Solid Waste Inter- rise by a recorded vote of 84 ayes to 318 noes, Roll, national Transportation Act of 2003; H.R. 411, to No. 423; and Pages H7374–75 direct the Administrator of the Environmental Pro- Rejected the Jackson of Illinois motion that the tection Agency to carry out certain authorities under Committee rise by a recorded vote of 63 ayes to 342 an agreement with Canada respecting the importa- noes, Roll, No. 424. (See next issue.) tion of municipal solid waste; and H.R. 1730, Solid H. Res 327, the rule that provided for consider- Waste Interstate Transportation Act of 2003. Testi- ation of the bill was agreed to on July 22. mony was heard from Senator Stabenow; Representa- (See next issue.) tive Miller of Michigan; Robert Springer, Director, Tax Relief, Simplification, and Equity Act Mo- Office of Solid Waste, EPA; the following officials tions to Instruct Conferees: The House completed of the State of Michigan: Ken Sikkema, member, debate on the Bishop of New York motion to in- Senate; and Steven Chester, Director, Department of struct conferees on H.R. 1308, Tax Relief, Sim- Environmental Quality; the following officials of plification, and Equity Act, that was noted on July New York City: Andrew Lanza, Councilman; and 23. Further proceedings on the motion were post- Robert Orlin, Deputy Commissioner, Department of poned. Earlier, Representative Solis announced her Sanitation; Nick DiPasquale, Deputy Secretary, De- intention to offer a motion to instruct conferees on partment of Environmental Protection, State of the bill. (See next issue.) Pennsylvania; and public witnesses. Amendments: Amendments ordered printed pursu- ‘‘ISSUES RELATING TO EPHERA- ant to the rule appear in the next issue of the CONTAINING DIETARY SUPPLEMENTS’’ Record. Committee on Energy and Commerce: Subcommittee on Quorum Calls—Votes: Four yea-and-nay votes and Oversight and Investigations held an hearing enti- seventeen recorded votes developed during the pro- tled ‘‘Issues Relating to Ephera-containing Dietary

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 D878 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2003 Supplements.’’ Testimony was heard from Marcia Community Investment, GAO; and Peter Derby, Crosse, Acting Director, Health Care—Public Managing Executive, Operations, Office of the Health and Science Issues, GAO; and public wit- Chairman, SEC. nesses. MISCELLANEOUS MEASURES In refusing to give testimony, the following wit- nesses invoked Fifth Amendment privileges: Michael Committee on International Relations: Ordered reported Ellis, Founder and co-owner; and Daniel Rodriguez, the following measures: H.J. Res. 63, amended, to R.N., Head Nurse, all with Metabolife International, approve the ‘‘Compact of Free Association, as amend- Inc., San Diego, California; and David Brown, ed between the Government of the United States of former President and Chief Executive Officer, America and the Government of the Federated States Metabolife International, Inc., San Diego, California. of Micronesia,’’ and the ‘‘Compact of Free Associa- tion, as amended between the Government of the MISCELLANEOUS MEASURES United States of America and the Government of the Committee on Financial Services: Ordered reported the Republic of the Marshall Islands,’’ and otherwise to following: H.R. 1533, to amend the securities laws amend Public Law 99–239, and to appropriate for to permit church pension plans to be invested in col- the purposes of amended Public Law 99–239 for fis- lective trusts; H.R. 1985, amended, FHA Multi- cal years ending on or before September 30, 2023; family Loan Limit Adjustment Act of 2003; H.R. H.R. 1813, Torture Victims Relief Reauthorization 253, amended, Two Floods and Your Are Out of the Act of 2003; and H.R. 2620, amended, Trafficking Taxpayers’ Pocket Act of 2003; and H.R. 2420, Victims Protection Reauthorization Act of 2003. amended, Mutual Funds Integrity and Fee Trans- CENTRAL ASIA TERRORISM, RELIGIOUS parency Act of 2003. EXTREMISM, AND REGIONAL STABILITY POST 9/11 FEDERAL LAW ENFORCEMENT Committee on International Relations: Subcommittee on PERSONNEL—IMBALANCED the Middle East and Central Asia, hearing on Cen- COMPENSATION SYSTEM tral Asia: Terrorism, Religious Extremism, and Re- Committee on Government Reform: Subcommittee on gional Stability. Testimony was heard from Stephen Civil Service and Agency Organization and the Sub- Blank, Professor, Strategic Studies Institute, U.S. committee on Criminal Justice, Drug Policy and Army War College; and public witnesses. Human Resources held a joint hearing entitled ‘‘Fed- DISTRICT OF COLUMBIA APPROPRIATIONS eral Law Enforcement Personnel in the Post 9/11 Committee on Rules: Era: How Can We Fix an Imbalanced Compensation Granted, by voice vote, an open System?’’ Testimony was heard from Representatives rule providing one hour of general debate on H.R. Filner, Van Hollen, Rogers of Alabama and King of 2765, making appropriations for the government of New York; Joanne Simms, Deputy Assistant Attor- the District of Columbia and other activities charge- ney General, Human Resources Administration, De- able in whole or in part against the revenues of said partment of Justice; Norman J. Rabkin, Managing District for the fiscal year ending September 30, Director, Homeland Security and Justice, GAO; 2004, equally divided and controlled by the chair- Donald J. Winstead, Deputy Associate Director, man and ranking minority member of the Com- Center for Pay and Performance Policy, OPM; Kay mittee on Appropriations. The rule waives all points Frances Dolan, Director, Human Relations Policy, of order against consideration of the bill. Under the Department of Homeland Security; and public wit- rules of the House the bill shall be read for amend- nesses. ment by paragraph. The rule waives points of order against provisions in the bill for failure to comply GAO HUMAN CAPITAL REFORM ACT with clause 2 of rule XXI (prohibiting unauthorized Committee on Government Reform: Subcommittee on appropriations or legislative provisions in an appro- Civil Service and Agency Organization approved for priations bill), except as specified in the resolution. full Committee action, as amended, H.R. 2751, The rule provides that the amendment printed in GAO Human Capital Reform Act of 2003. the Rules Committee report accompanying the rule may be offered only by a Member designated in the SEC STRATEGIC PLANNING report and only at the appropriate point in the read- Committee on Government Reform: Subcommittee on ing of the bill, shall be considered as read, shall be Government Efficiency and Financial Management debatable for the time specified in the report equally held an oversight hearing entitled ‘‘SEC Strategic divided and controlled by the proponent and an op- Planning—Will Additional Resources Help the SEC ponent, shall not be subject to amendment, and shall Fulfill It’s Mission?’’ Testimony was heard from not be subject to a demand for division of the ques- Richard Hillman, Director, Financial Markets and tion in the House or in the Committee of the

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Whole. The rule waives all points of order against port, shall be considered as read, shall be debatable the amendment printed in the report. The rule au- for the time specified in the report equally divided thorizes the Chair to accord priority in recognition and controlled by the proponent and an opponent, to Members who have pre-printed their amendments shall not be subject to amendment, and shall not be in the Congressional Record. The rule provides that subject to a demand for a division of the question after a motion that the Committee rise has been re- in the House or in the Committee of the Whole. jected on a legislative day, the Chairman of the The rule waives all points of order against the Committee of the Whole may entertain another such amendments printed in part B of the report. The motion on that day only if offered by the chairman rule provides that after a motion that the Committee of the Committee on Appropriations or the Majority rise has been rejected on a legislative day, the Chair- Leader, or a designee. The rule provides that after a man of the Committee of the Whole may entertain motion to strike out the enacting words of the bill another such motion on that day only if offered by (as described in clause 9 of rule XVIII) has been re- the chairman of the Committee on Education and jected, the Chairman may not entertain another such the Workforce or the Majority Leader or a designee. motion during further consideration of the bill. Fi- The rule provides that after a motion to strike out nally, the rule provides one motion to recommit the enacting words of the bill (as described in clause with or without instructions. Testimony was heard 9 of rule XVIII) has been rejected, the Chairman from Representatives Frelinghuysen and Smith of may not entertain another such motion during fur- New Jersey. ther consideration of the bill. Finally, the rule pro- PHARMACEUTICAL MARKET ACCESS ACT vides one motion to recommit with or without in- structions. Committee on Rules: Granted, by voice vote, a closed rule providing one hour of debate on H.R. 2427, TAX CODE—ASSISTING SMALL Pharmaceutical Market Access Act of 2003, in the BUSINESSES—RECENT GAINS AND WHAT House equally divided and controlled by the chair- REMAINS TO BE DONE man and ranking minority member of the Com- Committee on Small Business: mittee on Energy and Commerce, or their designees. Held a hearing on Assist- The rule waives all points of order against consider- ing Small Businesses Through the Tax Code—Re- ation of the bill. The rule provides that during con- cent Gains and What Remains to be Done. Testi- sideration of the bill, notwithstanding the operation mony was heard from Thomas M. Sullivan, Chief of the previous question, the Chair may postpone Counsel for Advocacy, SBA; Nina E. Olson, Tax- further consideration of the bill to a time designated payer Advocate, IRS, Department of the Treasury; by the Speaker. Finally, the rule provides one motion and public witnesses. to recommit. Testimony was heard from Representa- MISCELLANEOUS MEASURES tives Buyer, Gutknecht, Emerson, Deutsch, Sanders, and Emanuel. Committee on Transportation and Infrastructure: Ordered reported, as amended, H.R. 2557, Water Resources READY TO TEACH ACT Development Act of 2003. Committee on Rules: Granted, by voice vote, a struc- The Committee also approved the following: GSA tured rule providing one hour of general debate on Fiscal Year 2004 Capital Investment and Leasing H.R. 2210, Ready to Teach Act of 2003, equally di- Program Resolutions and Courthouse Resolutions; vided and controlled by the chairman and ranking Natural Resources Conservation Service Small Wa- minority member of the Committee on Education tershed Resolution; and Transportation and Infra- and the Workforce. The rule provides that in lieu of structure Committee Waste, Fraud, and Abuse Re- the amendment recommended by the Committee on port. Education and the Workforce now printed in the bill, it shall be in order to consider as an original INTELLIGENCE ISSUES; LEGAL bill for the purpose of amendment, the amendment AUTHORITIES in the nature of a substitute printed in part A of the Permanent Select Committee on Intelligence: Met in execu- Rules Committee report accompanying the resolu- tive sessions to hold hearings on Intelligence Issues tion, and provides that it shall be considered as read. and Legal Authorities. Testimony was heard from The rule waives all points of order against the departmental witnesses. amendment in the nature of a substitute printed in part A of the report. The rule provides that amend- SECURING AMERICA’S BORDERS—BEST ments printed in part B of the report shall be con- BUSINESS PRACTICES sidered only in the order printed in the report, may Select Committee on Homeland Security: Subcommittee be offered only by a Member designated in the re- on Infrastructure and Border Security held a hearing

VerDate Jan 31 2003 07:13 Jul 24, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D23JY3.REC D23JY3 D880 CONGRESSIONAL RECORD — DAILY DIGEST July 23, 2003 entitled ‘‘Best Business Practices in Securing Amer- ings on the Congo Basin Forest Partnership, 9 a.m., ica’s Borders.’’ Testimony was heard from public SD–419. witnesses. Committee on Governmental Affairs: Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, to hold hear- Joint Meetings ings to examine the past and present of the administra- Notice: The information relative to conference ac- tion’s competitive sourcing initiative, 9:30 a.m., SD–342. tion on H.R. 1588 was incorrect on page D865 in Committee on Health, Education, Labor, and Pensions: to the Senate Daily Digest of July 22, 2003. Listed hold hearings to examine federal biodefense readiness, 10 a.m., SD–430. below is the statement as it should have appeared: Committee on the Judiciary: business meeting to consider NATIONAL DEFENSE AUTHORIZATION S.J. Res. 1, proposing an amendment to the Constitution ACT of the United States to protect the rights of crime vic- tims, S. 1301, to amend title 18, United States Code, to Conferees met on the differences between the Senate prohibit video voyeurism in the special maritime and ter- and House passed versions of H.R. 1588, to author- ritorial jurisdiction of the United States, S. 1177, to en- ize appropriations for fiscal year 2004 for military sure the collection of all cigarette taxes, S. Con. Res. 40, activities of the Department of Defense, for military designating August 7, 2003, as ‘‘National Purple Heart construction, and for defense activities of the Depart- Recognition Day’’, S. Res. 124, designating September ment of Energy, to prescribe personnel strengths for 28, 2003, as ‘‘National Good Neighbor Day’’, S. Res. such fiscal year for the Armed Forces, but did not 167, recognizing the 100th anniversary of the founding complete action thereon, and recessed subject to call. of the Harley-Davidson Motor Company, which has been a significant part of the social, economic, and cultural f heritage of the United States and many other nations and COMMITTEE MEETINGS FOR THURSDAY, a leading force for product and manufacturing innovation throughout the 20th century, and the nominations of JULY 24, 2003 James O. Browning, to be United States District Judge (Committee meetings are open unless otherwise indicated) for the District of New Mexico, Steven M. Colloton, of Iowa, to be United States Circuit Judge for the Eighth Senate Circuit, P. Kevin Castel, to be United States District Committee on Agriculture, Nutrition, and Forestry: business Judge for the Southern District of New York, Sandra J. meeting to mark up H.R. 1904, to improve the capacity Feuerstein, to be United States District Judge for the of the Secretary of Agriculture and the Secretary of the Eastern District of New York, Richard J. Holwell, to be Interior to plan and conduct hazardous fuels reduction United States District Judge for the Southern District of projects on National Forest System lands and Bureau of New York, H. Brent McKnight, to be United States Dis- Land Management lands aimed at protecting commu- trict Judge for the Western District of North Carolina, nities, watersheds, and certain other at-risk lands from R. David Proctor, to be United States District Judge for catastrophic wildfire, to enhance efforts to protect water- the Northern District of Alabama, Stephen C. Robinson, sheds and address threats to forest and rangeland health, to be United States District Judge for the Southern Dis- including catastrophic wildfire, across the landscape, 11 trict of New York, and Rene Acosta, of Virginia, to be a.m., SR–328A. an Assistant Attorney General, and Daniel J. Bryant, of Committee on Armed Services: to hold hearings to examine Virginia, to be an Assistant Attorney General, both of the the nominations of General Richard B. Meyers, USAF, for Department of Justice, 9:30 a.m., SD–226. reappointment as Chairman of the Joint Chiefs of Staff Select Committee on Intelligence: to hold closed hearings to and reappointment to the grade of general, and General examine certain intelligence matters, 2:30 p.m., SH–219. Peter Pace, USMC, for reappointment as Vice Chairman of the Joint Chiefs of Staff and reappointment to the House grade of general, 9:30 a.m., SR–325. Committee on Agriculture, hearing to review Tobacco Committee on Commerce, Science, and Transportation: Sub- Quota Buyout, 9:30 a.m., 1300 Longworth. committee on Science, Technology, and Space, to hold Subcommittee on Department Operations, Oversight, Nutri- joint hearings with the House Committee on Science tion, and Forestry, hearing to review operations of the Food Subcommittee on Space and Aeronautics to examine space Stamp Program, 1:30 p.m., 1302 Longworth. commercialization, 10 a.m., SH–216. Committee on Appropriations, to mark up the Transpor- Committee on Energy and Natural Resources: Subcommittee tation, Treasury and Independent Agencies appropriations on National Parks, to hold oversight hearings to examine for fiscal year 2002, 10 a.m., 2359 Rayburn. the competitive sourcing effort within the National Park Committee on Armed Services, Subcommittee on Ter- Service, 3 p.m., SD–366. rorism, Unconventional Threats and Capabilities, hearing Committee on Foreign Relations: Subcommittee on African on Cyber Terrorism: The New Asymmetric Threat, 10 Affairs, to hold hearings to examine the nomination of a.m., 2118 Rayburn. Donald K. Steinberg, of California, to be Ambassador to Committee on the Budget, hearing on Economic Effects of the Federal Republic of Nigeria; to be followed by hear- Long-Term Federal Obligations, 10 a.m., 210 Cannon.

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Committee on Education and the Workforce, Subcommittee Committee on Resources, Subcommittee on Energy and on Workforce Protections, to mark up H.R. 2728, Occu- Mineral Resources, oversight hearing on the Abandoned pational Safety and Health Small Business Day in Court Mine Lands Program, 2 p.m., 1334 Longworth. Act of 2003; H.R. 2729, Occupational Safety and Health Subcommittee on Fisheries Conservation, Wildlife and Review Commission Efficiency Act of 2003; and H.R. Oceans, hearing on H.R. 2693, Marine Mammal Protec- 2730, to amend the Occupational Safety and Health Act tion Act of 2003, 10 a.m., 1324 Longworth. to provide for an independent review of citations issued Subcommittee on Forests and Forest Health, hearing by the Occupational Safety and Health Administration, on the following measures: H.R. 1005, PILT and Refuge 9:30 a.m., 2175 Rayburn. Revenue Sharing Permanent Funding Act; H.R. 1723, Committee on Energy and Commerce, Subcommittee on Caribbean National Forest Act of 2003; H.R. 2707, Salt Commerce, Trade and Consumer Protection and the Sub- Cedar and Russian Olive Control Demonstration Act; and committee on Oversight and Investigations, hearing enti- tled ‘‘Issues Relating to Ephedra-containing Dietary Sup- to direct the Secretary of Agriculture to exchange certain plements,’’ 9:30 a.m., 2123 Rayburn. lands within the Arapaho and Roosevelt National Forest Committee on Financial Services, to mark up the following in the State of Colorado, 9 a.m., 1334 Longworth. bills: H.R. 2622, Fair and Accurate Credit Transactions Subcommittee on Water and Power, hearing on the Act of 2003; and H.R. 2179, Securities Fraud Deterrence following measures: the Water Supply, Reliability and and Investor Restitution Act of 2003, 10 a.m., 2128 Environmental Improvement Act; and H.R. 2642, Calfed Rayburn. Bay—Delta Authorization Act, 2 p.m., 1324 Longworth. Committee on Government Reform, oversight hearing enti- Committee on Small Business, to mark up H.R. 2802, tled ‘‘The Thrift Savings Plan: Putting Customers First?’’ Small Business Reauthorization and Manufacturing Revi- and to consider the following measures: H.R. 2309, to talization Act of 2003, 9:30 a.m., 2360 Rayburn. designate the facility of the United States Postal Service Committee on Veterans’ Affairs, Subcommittee on Bene- located at 2300 Redondo Avenue in Signal California, as fits, hearing on oversight of the Department of Labor’s the ‘‘J. Stephen Horn Post Office Building;’’ H. Con. administration of the Uniformed Services Employment Res. 235, celebrating the life and achievements of Law- and Reemployment Rights Act (USERRA) under chapter rence Eugene ‘‘Larry’’ Doby; H. Res. 306, congratulating 43 of title 38, United States Code, 9:30 a.m., 334 Can- the New York Yankees on the occasion of their 100th an- non. niversary; and H. Res. 315, congratulating Rafael Committee on Ways and Means, Subcommittee on Social Palmeiro of the Texas Rangers for hitting 500 major Security, hearing on SSA’s Service Delivery Plan, 10 a.m., league home runs and thanking him for being a role B–2318 Rayburn. model for the Cuban American community, as well as for Permanent Select Committee on Intelligence, hearing on Suf- all Americans, 10 a.m., 2154 Rayburn. ficiency of Intelligence on Iraq, 9 a.m., 2318 Rayburn. Committee on the Judiciary, to mark up the following Subcommittee on Intelligence Policy and National Se- bills: H.R. 1829, Federal Prison Industries Competition in Contracting Act of 2003; H.R. 292, Korean War Vet- curity, executive, briefing on pending business, 4 p.m., erans Recognition Act of 2003; H. Res. 234, condemning H–405 Capitol. bigotry and violence against Arab-Americans, Muslim- Select Committee on Homeland Security. Subcommittee on Americans, South Asian-Americans, and Sikh Americans; Intelligence and Counterterrorism hearing entitled ‘‘Im- H.R. 2655, to amend and extend the Irish Peace Process provements to Department of Homeland Security Infor- Cultural and Training Programs Act of 1998; and H.R. mation Sharing Capabilities—Vertical and Horizontal In- 1417, Copyright Royalty and Distribution Reform Act of telligence Communications,’’ 2 p.m., 2318 Rayburn. 2003, 10:30 a.m., 2141 Rayburn. Task Force on Antitrust, oversight hearing on ‘‘The Joint Meetings Antitrust Enforcement Agencies: The Antitrust Division Joint Meetings: Senate Committee on Commerce, of the Department of Justice and the Bureau of Competi- Science, and Transportation, Subcommittee on Science, tion of the Federal Trade Commission, 2 p.m., 2141 Ray- Technology and Space, to hold joint hearings with the burn. House Committee on Science Subcommittee on Space and Subcommittee on Courts, the Internet, and Intellectual Aeronautics to examine space commercialization, 10 a.m., Property, oversight hearing on ‘‘Patent Quality Improve- SH–216. ment, 10 a.m., 2141 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 24 10 a.m., Thursday, July 24

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: morning business (not to extend beyond 10 a.m.), Senate Consideration of H.R. 2738, to implement the United will continue consideration of H.R. 2555, Homeland Se- States-Chile Free Trade Agreement (closed rule, two curity Appropriations. hours of general debate); (Senate will observe a moment of silence at 3:40 p.m. in Consideration of H.R. 2739, to implement the United honor of Capital Police officers Jacob Chestnut and John Gib- States-Singapore Free Trade Agreement (closed rule, two son.) hours of general debate); Consideration of H.R. 2210, School Readiness Act (structured rule, one hour of general debate); Consideration of H.R. 2765, District of Columbia Ap- propriations (open rule, one hour of general debate); and Consideration of H.R. 2427, Pharmaceutical Market Access Act (closed rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Crowley, Joseph, N.Y., E1558 King, Peter T., N.Y., E1567 Schiff, Adam B., Calif., E1569 Davis, Danny K., Ill., E1569 Larson, John B., Conn., E1559 Scott, Robert C., Va., E1562 Abercrombie, Neil, Hawaii, E1571 Davis, Lincoln, Tenn., E1573 Lewis, Jerry, Calif., E1571 Simpson, Michael K., Idaho, E1572 Beauprez, Bob, Colo., E1566 Dunn, Jennifer, Wash., E1569 Matheson, Jim, Utah, E1570 Smith, Nick, Mich., E1572 Bell, Chris, Tex., E1573 Emanuel, Rahm, Ill., E1568, E1568, Michaud, Michael H., Me., E1560 Stark, Fortney Pete, Calif., E1571 Bilirakis, Michael, Fla., E1564 E1569 Norton, Eleanor Holmes, D.C., E1558 Stupak, Bart, Mich., E1574 Bishop, Rob, Utah, E1559 Eshoo, Anna G., Calif., E1561 Oberstar, James L., Minn., E1574 Bishop, Timothy H., Jr., N.Y., E1574 Frelinghuysen, Rodney P., N.J., E1572 Platts, Todd Russell, Pa., E1567 Tanner, John S., Tenn., E1561, E1564, Blumenauer, Earl, Ore., E1565 Gallegly, Elton, Calif., E1574 Porter, Jon C., Nev., E1557 E1574 Brady, Kevin, Tex., E1564 Gillmor, Paul E., Ohio, E1568, E1568 Quinn, Jack, N.Y., E1575 Thompson, Mike, Calif., E1559, E1570 Capito, Shelley Moore, W.Va., E1560 Gutierrez, Luis V., Ill., E1566 Radanovich, George, Calif., E1571 Towns, Edolphus, N.Y., E1561, E1562, Carter, John R., Tex., E1559 Holden, Tim, Pa., E1559 Rangel, Charles B., N.Y., E1573 E1565 Case, Ed, Hawaii, E1565 Israel, Steve, N.Y., E1557 Sanchez, Loretta, Calif., E1564 Van Hollen, Chris, Md., E1573 Cooper, Jim, Tenn., E1561 Kanjorski, Paul E., Pa., E1557 Saxton, Jim, N.J., E1569 Woolsey, Lynn C., Calif., E1566

(House proceedings for today will be continued in the next issue of the Record.)

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